093_SB1108 LRB093 10874 DRH 11372 b 1 AN ACT to amend the Illinois Vehicle Code by changing 2 Section 4-203. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Illinois Vehicle Code is amended by 6 changing Section 4-203 as follows: 7 (625 ILCS 5/4-203) (from Ch. 95 1/2, par. 4-203) 8 Sec. 4-203. Removal of motor vehicles or other vehicles; 9 Towing or hauling away. 10 (a) When a vehicle is abandoned, or left unattended, on a 11 toll highway, interstate highway, or expressway for 2 hours 12 or more, its removal by a towing service may be authorized by 13 a law enforcement agency having jurisdiction. 14 (b) When a vehicle is abandoned on a highway in an urban 15 district 10 hours or more, its removal by a towing service 16 may be authorized by a law enforcement agency having 17 jurisdiction. 18 (c) When a vehicle is abandoned or left unattended on a 19 highway other than a toll highway, interstate highway, or 20 expressway, outside of an urban district for 24 hours or 21 more, its removal by a towing service may be authorized by a 22 law enforcement agency having jurisdiction. 23 (d) When an abandoned, unattended, wrecked, burned or 24 partially dismantled vehicle is creating a traffic hazard 25 because of its position in relation to the highway or its 26 physical appearance is causing the impeding of traffic, its 27 immediate removal from the highway or private property 28 adjacent to the highway by a towing service may be authorized 29 by a law enforcement agency having jurisdiction. 30 (e) Whenever a peace officer reasonably believes that a 31 person under arrest for a violation of Section 11-501 of this -2- LRB093 10874 DRH 11372 b 1 Code or a similar provision of a local ordinance is likely, 2 upon release, to commit a subsequent violation of Section 3 11-501, or a similar provision of a local ordinance, the 4 arresting officer shall have the vehicle which the person was 5 operating at the time of the arrest impounded for a period of 6 not more than 12 hours after the time of arrest. However, 7 such vehicle may be released by the arresting law enforcement 8 agency prior to the end of the impoundment period if: 9 (1) the vehicle was not owned by the person under 10 arrest, and the lawful owner requesting such release 11 possesses a valid operator's license, proof of ownership, 12 and would not, as determined by the arresting law 13 enforcement agency, indicate a lack of ability to operate 14 a motor vehicle in a safe manner, or who would otherwise, 15 by operating such motor vehicle, be in violation of this 16 Code; or 17 (2) the vehicle is owned by the person under 18 arrest, and the person under arrest gives permission to 19 another person to operate such vehicle, provided however, 20 that the other person possesses a valid operator's 21 license and would not, as determined by the arresting law 22 enforcement agency, indicate a lack of ability to operate 23 a motor vehicle in a safe manner or who would otherwise, 24 by operating such motor vehicle, be in violation of this 25 Code. 26 (e-5) Whenever a registered owner of a vehicle is taken 27 into custody for operating the vehicle in violation of 28 Section 11-501 of this Code or a similar provision of a local 29 ordinance or Section 6-303 of this Code, a law enforcement 30 officer may have the vehicle immediately impounded for a 31 period not less than: 32 (1) 24 hours for a second violation of Section 33 11-501 of this Code or a similar provision of a local 34 ordinance or Section 6-303 of this Code or a combination -3- LRB093 10874 DRH 11372 b 1 of these offenses; or 2 (2) 48 hours for a third violation of Section 3 11-501 of this Code or a similar provision of a local 4 ordinance or Section 6-303 of this Code or a combination 5 of these offenses. 6 The vehicle may be released sooner if the vehicle is 7 owned by the person under arrest and the person under arrest 8 gives permission to another person to operate the vehicle and 9 that other person possesses a valid operator's license and 10 would not, as determined by the arresting law enforcement 11 agency, indicate a lack of ability to operate a motor vehicle 12 in a safe manner or would otherwise, by operating the motor 13 vehicle, be in violation of this Code. 14 (f) Except as provided in Chapter 18a of this Code, the 15 owner or lessor of privately owned real property within this 16 State, or any person authorized by such owner or lessor, or 17 any law enforcement agency in the case of publicly owned real 18 property may cause any motor vehicle abandoned or left 19 unattended upon such property without permission to be 20 removed by a towing service without liability for the costs 21 of removal, transportation or storage or damage caused by 22 such removal, transportation or storage. The towing or 23 removal of any vehicle from private property without the 24 consent of the registered owner or other legally authorized 25 person in control of the vehicle is subject to compliance 26 with the following conditions and restrictions: 27 1. Any towed or removed vehicle must be stored at 28 the site of the towing service's place of business. The 29 site must be open during business hours, and for the 30 purpose of redemption of vehicles, during the time that 31 the person or firm towing such vehicle is open for towing 32 purposes. 33 2. The towing service shall within 30 minutes of 34 completion of such towing or removal, notify the law -4- LRB093 10874 DRH 11372 b 1 enforcement agency having jurisdiction of such towing or 2 removal, and the make, model, color and license plate 3 number of the vehicle, and shall obtain and record the 4 name of the person at the law enforcement agency to whom 5 such information was reported. 6 3. If the registered owner or legally authorized 7 person entitled to possession of the vehicle shall arrive 8 at the scene prior to actual removal or towing of the 9 vehicle, the vehicle shall be disconnected from the tow 10 truck and that person shall be allowed to remove the 11 vehicle without interference, upon the payment of a 12 reasonable service fee of not more than one half the 13 posted rate of the towing service as provided in 14 paragraph 6 of this subsection, for which a receipt shall 15 be given. 16 4. The rebate or payment of money or any other 17 valuable consideration from the towing service or its 18 owners, managers or employees to the owners or operators 19 of the premises from which the vehicles are towed or 20 removed, for the privilege of removing or towing those 21 vehicles, is prohibited. Any individual who violates 22 this paragraph shall be guilty of a Class A misdemeanor. 23 5. Except for property appurtenant to and obviously 24 a part of a single family residence, and except for 25 instances where notice is personally given to the owner 26 or other legally authorized person in control of the 27 vehicle that the area in which that vehicle is parked is 28 reserved or otherwise unavailable to unauthorized 29 vehicles and they are subject to being removed at the 30 owner or operator's expense, any property owner or 31 lessor, prior to towing or removing any vehicle from 32 private property without the consent of the owner or 33 other legally authorized person in control of that 34 vehicle, must post a notice meeting the following -5- LRB093 10874 DRH 11372 b 1 requirements: 2 a. The notice must be prominently placed at 3 each driveway access or curb cut allowing vehicular 4 access to the property within 5 feet from the public 5 right-of-way line. If there are no curbs or access 6 barriers, the sign must be posted not less than one 7 sign each 100 feet of lot frontage. 8 b. The notice must: be at least 6 inches by 12 9 inches in size; indicate clearly, in not less than 2 10 inch high light-reflective, brightly colored letters 11 on a contrasting background, that unauthorized 12 vehicles will be towed away at the owner's expense; 13 and include the words "Tow Zone" in a bright color 14 different than the color used for other lettering. 15 c. The notice must also provide the name and 16 current telephone number of the towing service 17 towing or removing the vehicle. 18 d. The sign structure containing the required 19 notices must be permanently installed with the 20 bottom of the sign not less than 4 feet above ground 21 level, and must be continuously maintained on the 22 property for not less than 24 hours prior to the 23 towing or removing of any vehicle. 24 6. Any towing service that tows or removes vehicles 25 and proposes to require the owner, operator, or person in 26 control of the vehicle to pay the costs of towing and 27 storage prior to redemption of the vehicle must file and 28 keep on record with the local law enforcement agency a 29 complete copy of the current rates to be charged for such 30 services, and post at the storage site an identical rate 31 schedule and any written contracts with property owners, 32 lessors, or persons in control of property which 33 authorize them to remove vehicles as provided in this 34 Section. -6- LRB093 10874 DRH 11372 b 1 7. No person shall engage in the removal of 2 vehicles from private property as described in this 3 Section without filing a notice of intent in each 4 community where he intends to do such removal, and such 5 notice shall be filed at least 7 days before commencing 6 such towing. 7 8. No removal of a vehicle from private property 8 shall be done except upon express written instructions of 9 the owners or persons in charge of the private property 10 upon which the vehicle is said to be trespassing. 11 9. Vehicle entry for the purpose of removal shall 12 be allowed with reasonable care on the part of the person 13 or firm towing the vehicle. Such person or firm shall be 14 liable for any damages occasioned to the vehicle if such 15 entry is not in accordance with the standards of 16 reasonable care. 17 10. When a vehicle has been towed or removed 18 pursuant to this Section, it must be released to its 19 owner or custodian within one half hour after requested, 20 if such request is made during business hours. Any 21 vehicle owner or custodian or agent shall have the right 22 to inspect the vehicle before accepting its return, and 23 no release or waiver of any kind which would release the 24 towing service from liability for damages incurred during 25 the towing and storage may be required from any vehicle 26 owner or other legally authorized person as a condition 27 of release of the vehicle. A detailed, signed receipt 28 showing the legal name of the towing service must be 29 given to the person paying towing or storage charges at 30 the time of payment, whether requested or not. 31 This Section shall not apply to law enforcement, 32 firefighting, rescue, ambulance, or other emergency vehicles 33 which are marked as such or to property owned by any 34 governmental entity. -7- LRB093 10874 DRH 11372 b 1 When an authorized person improperly causes a motor 2 vehicle to be removed, such person shall be liable to the 3 owner or lessee of the vehicle for the cost or removal, 4 transportation and storage, any damages resulting from the 5 removal, transportation and storage, attorney's fee and court 6 costs. 7 Any towing or storage charges accrued shall be payable by 8 the use of any major credit card, in addition to being 9 payable in cash. 10 11. Towing companies shall also provide insurance 11 coverage for areas where vehicles towed under the 12 provisions of this Chapter will be impounded or otherwise 13 stored, and shall adequately cover loss by fire, theft or 14 other risks. 15 Any person who fails to comply with the conditions and 16 restrictions of this subsection shall be guilty of a Class C 17 misdemeanor and shall be fined not less than $100 nor more 18 than $500. 19 (g) When a vehicle is determined to be a hazardous 20 dilapidated motor vehicle pursuant to Section 11-40-3.1 of 21 the Illinois Municipal Code, its removal and impoundment by a 22 towing service may be authorized by a law enforcement agency 23 with appropriate jurisdiction. 24 When a vehicle removal from either public or private 25 property is authorized by a law enforcement agency, the owner 26 of the vehicle shall be responsible for all towing and 27 storage charges. 28 Vehicles removed from public or private property and 29 stored by a commercial vehicle relocator or any other towing 30 service in compliance with this Section and Sections 4-201 31 and 4-202 of this Code, shall be subject to a possessor lien 32 for services pursuant to "An Act concerning liens for labor, 33 services, skill or materials furnished upon or storage 34 furnished for chattels", filed July 24, 1941, as amended, and -8- LRB093 10874 DRH 11372 b 1 the provisions of Section 1 of that Act relating to notice 2 and implied consent shall be deemed satisfied by compliance 3 with Section 18a-302 and subsection (6) of Section 18a-300. 4 In no event shall such lien be greater than the rate or rates 5 established in accordance with subsection (6) of Section 6 18a-200 of this Code. In no event shall such lien be 7 increased or altered to reflect any charge for services or 8 materials rendered in addition to those authorized by this 9 Act. Every such lien shall be payable by use of any major 10 credit card, in addition to being payable in cash. 11 (Source: P.A. 90-738, eff. 1-1-99.)