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91_HB2573ham002
LRB9103919KSgcam01
1 AMENDMENT TO HOUSE BILL 2573
2 AMENDMENT NO. . Amend House Bill 2573 by replacing
3 the title with the following:
4 "AN ACT to amend the Illinois Vehicle Code by changing
5 Sections 1-105.1, 6-204, 11-208.3, and 11-306."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Illinois Vehicle Code is amended by
9 changing Sections 1-105.1, 6-204, 11-208.3, and 11-306 as
10 follows:
11 (625 ILCS 5/1-105.5)
12 Sec. 1-105.5. Automated red light enforcement system. A
13 system in a municipality with a population of 1,000,000 or
14 more operated by a governmental agency, in cooperation with a
15 law enforcement agency, that photographically records a motor
16 vehicle's response to a traffic control signal with a red
17 light indication and is designed to obtain a clear photograph
18 of the vehicle and the vehicle's license plate when the motor
19 vehicle is involved in a motor vehicle accident, leaving the
20 scene of a motor vehicle accident, or reckless driving that
21 results in bodily injury.
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1 (Source: P.A. 90-86, eff. 7-10-97.)
2 (625 ILCS 5/6-204) (from Ch. 95 1/2, par. 6-204)
3 Sec. 6-204. When Court to forward License and Reports.
4 (a) For the purpose of providing to the Secretary of
5 State the records essential to the performance of the
6 Secretary's duties under this Code to cancel, revoke or
7 suspend the driver's license and privilege to drive motor
8 vehicles of certain minors adjudicated truant minors in need
9 of supervision, addicted, or delinquent and of persons found
10 guilty of the criminal offenses or traffic violations which
11 this Code recognizes as evidence relating to unfitness to
12 safely operate motor vehicles, the following duties are
13 imposed upon public officials:
14 1. Whenever any person is convicted of any offense
15 for which this Code makes mandatory the cancellation or
16 revocation of the driver's license or permit of such
17 person by the Secretary of State, the judge of the court
18 in which such conviction is had shall require the
19 surrender to the clerk of the court of all driver's
20 licenses or permits then held by the person so convicted,
21 and the clerk of the court shall, within 10 days
22 thereafter, forward the same, together with a report of
23 such conviction, to the Secretary.
24 2. Whenever any person is convicted of any offense
25 under this Code or similar offenses under a municipal
26 ordinance, other than regulations governing standing,
27 parking or weights of vehicles, and excepting the
28 following enumerated Sections of this Code: Sections
29 11-1406 (obstruction to driver's view or control),
30 11-1407 (improper opening of door into traffic), 11-1410
31 (coasting on downgrade), 11-1411 (following fire
32 apparatus), 11-1419.01 (Motor Fuel Tax I.D. Card), 12-101
33 (driving vehicle which is in unsafe condition or
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1 improperly equipped), 12-201(a) (daytime lights on
2 motorcycles), 12-202 (clearance, identification and side
3 marker lamps), 12-204 (lamp or flag on projecting load),
4 12-205 (failure to display the safety lights required),
5 12-401 (restrictions as to tire equipment), 12-502
6 (mirrors), 12-503 (windshields must be unobstructed and
7 equipped with wipers), 12-601 (horns and warning
8 devices), 12-602 (mufflers, prevention of noise or
9 smoke), 12-603 (seat safety belts), 12-702 (certain
10 vehicles to carry flares or other warning devices),
11 12-703 (vehicles for oiling roads operated on highways),
12 12-710 (splash guards and replacements), 13-101 (safety
13 tests), 15-101 (size, weight and load), 15-102 (width),
14 15-103 (height), 15-104 (name and address on second
15 division vehicles), 15-107 (length of vehicle), 15-109.1
16 (cover or tarpaulin), 15-111 (weights), 15-112 (weights),
17 15-301 (weights), 15-316 (weights), 15-318 (weights), and
18 also excepting the following enumerated Sections of the
19 Chicago Municipal Code: Sections 27-245 (following fire
20 apparatus), 27-254 (obstruction of traffic), 27-258
21 (driving vehicle which is in unsafe condition), 27-259
22 (coasting on downgrade), 27-264 (use of horns and signal
23 devices), 27-265 (obstruction to driver's view or driver
24 mechanism), 27-267 (dimming of headlights), 27-268
25 (unattended motor vehicle), 27-272 (illegal funeral
26 procession), 27-273 (funeral procession on boulevard),
27 27-275 (driving freighthauling vehicles on boulevard),
28 27-276 (stopping and standing of buses or taxicabs),
29 27-277 (cruising of public passenger vehicles), 27-305
30 (parallel parking), 27-306 (diagonal parking), 27-307
31 (parking not to obstruct traffic), 27-308 (stopping,
32 standing or parking regulated), 27-311 (parking
33 regulations), 27-312 (parking regulations), 27-313
34 (parking regulations), 27-314 (parking regulations),
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1 27-315 (parking regulations), 27-316 (parking
2 regulations), 27-317 (parking regulations), 27-318
3 (parking regulations), 27-319 (parking regulations),
4 27-320 (parking regulations), 27-321 (parking
5 regulations), 27-322 (parking regulations), 27-324
6 (loading and unloading at an angle), 27-333 (wheel and
7 axle loads), 27-334 (load restrictions in the downtown
8 district), 27-335 (load restrictions in residential
9 areas), 27-338 (width of vehicles), 27-339 (height of
10 vehicles), 27-340 (length of vehicles), 27-352
11 (reflectors on trailers), 27-353 (mufflers), 27-354
12 (display of plates), 27-355 (display of city vehicle tax
13 sticker), 27-357 (identification of vehicles), 27-358
14 (projecting of loads), and also excepting the following
15 enumerated paragraphs of Section 2-201 of the Rules and
16 Regulations of the Illinois State Toll Highway Authority:
17 (l) (driving unsafe vehicle on tollway), (m) (vehicles
18 transporting dangerous cargo not properly indicated), and
19 also excepting a violation of subsection (c) of Section
20 11-306 or a similar offense under a municipal ordinance
21 that is reported in accordance with paragraph 6 of this
22 subsection (a), it shall be the duty of the clerk of the
23 court in which such conviction is had within 10 days
24 thereafter to forward to the Secretary of State a report
25 of the conviction and the court may recommend the
26 suspension of the driver's license or permit of the
27 person so convicted.
28 The reporting requirements of this subsection shall apply
29 to all violations stated in paragraphs 1 and 2 of this
30 subsection when the individual has been adjudicated under the
31 Juvenile Court Act or the Juvenile Court Act of 1987. Such
32 reporting requirements shall also apply to individuals
33 adjudicated under the Juvenile Court Act or the Juvenile
34 Court Act of 1987 who have committed a violation of Section
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1 11-501 of this Code, or similar provision of a local
2 ordinance, or Section 9-3 of the Criminal Code of 1961, as
3 amended, relating to the offense of reckless homicide. The
4 reporting requirements of this subsection shall also apply to
5 a truant minor in need of supervision, an addicted minor, or
6 a delinquent minor and whose driver's license and privilege
7 to drive a motor vehicle has been ordered suspended for such
8 times as determined by the Court, but only until he or she
9 attains 18 years of age. It shall be the duty of the clerk
10 of the court in which adjudication is had within 10 days
11 thereafter to forward to the Secretary of State a report of
12 the adjudication and the court order requiring the Secretary
13 of State to suspend the minor's driver's license and driving
14 privilege for such time as determined by the Court, but only
15 until he or she attains the age of 18 years. All juvenile
16 court dispositions reported to the Secretary of State under
17 this provision shall be processed by the Secretary of State
18 as if the cases had been adjudicated in traffic or criminal
19 court. However, information reported relative to the offense
20 of reckless homicide, or Section 11-501 of this Code, or a
21 similar provision of a local ordinance, shall be privileged
22 and available only to the Secretary of State, courts, and
23 police officers.
24 3. Whenever an order is entered vacating the
25 forfeiture of any bail, security or bond given to secure
26 appearance for any offense under this Code or similar
27 offenses under municipal ordinance, it shall be the duty
28 of the clerk of the court in which such vacation was had
29 or the judge of such court if such court has no clerk,
30 within 10 days thereafter to forward to the Secretary of
31 State a report of the vacation.
32 4. A report of any disposition of court supervision
33 for a violation of Sections 6-303, 11-401, 11-501 or a
34 similar provision of a local ordinance, 11-503 and 11-504
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1 shall be forwarded to the Secretary of State. A report of
2 any disposition of court supervision for a violation of
3 an offense defined as a serious traffic violation in this
4 Code or a similar provision of a local ordinance
5 committed by a person under the age of 21 years shall be
6 forwarded to the Secretary of State.
7 5. Reports of conviction and sentencing hearing
8 under the Juvenile Court Act of 1987 in a computer
9 processible medium shall be forwarded to the Secretary of
10 State via the Supreme Court in the form and format
11 required by the Illinois Supreme Court and established by
12 a written agreement between the Supreme Court and the
13 Secretary of State. In counties with a population over
14 300,000, instead of forwarding reports to the Supreme
15 Court, reports of conviction and sentencing hearing under
16 the Juvenile Court Act of 1987 in a computer processible
17 medium may be forwarded to the Secretary of State by the
18 Circuit Court Clerk in a form and format required by the
19 Secretary of State and established by written agreement
20 between the Circuit Court Clerk and the Secretary of
21 State. Failure to forward the reports of conviction or
22 sentencing hearing under the Juvenile Court Act of 1987
23 as required by this Section shall be deemed an omission
24 of duty and it shall be the duty of the several State's
25 Attorneys to enforce the requirements of this Section.
26 6. Whenever any municipality with a population of
27 1,000,000 or more has established an automated red light
28 enforcement pilot program pursuant to Section 11-102.3 to
29 determine liability for a violation of subsection (c) of
30 Section 11-306 or a similar offense under a municipal
31 ordinance that is recorded by an automated red light
32 enforcement system, the municipality, within 10 days of
33 determining liability for a violation, shall forward a
34 report of the adjudication to the Secretary of State.
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1 The report shall be in a form required by the Secretary
2 of State.
3 (b) Whenever a restricted driving permit is forwarded to
4 a court, as a result of confiscation by a police officer
5 pursuant to the authority in Section 6-113(f), it shall be
6 the duty of the clerk, or judge, if the court has no clerk,
7 to forward such restricted driving permit and a facsimile of
8 the officer's citation to the Secretary of State as
9 expeditiously as practicable.
10 (c) For the purposes of this Code, a forfeiture of bail
11 or collateral deposited to secure a defendant's appearance in
12 court when forfeiture has not been vacated, or the failure of
13 a defendant to appear for trial after depositing his driver's
14 license in lieu of other bail, shall be equivalent to a
15 conviction.
16 (d) For the purpose of providing the Secretary of State
17 with records necessary to properly monitor and assess driver
18 performance and assist the courts in the proper disposition
19 of repeat traffic law offenders, the clerk of the court shall
20 forward to the Secretary of State, on a form prescribed by
21 the Secretary, records of driver's participation in a driver
22 remedial or rehabilitative program which was required,
23 through a court order or court supervision, in relation to
24 the driver's arrest for a violation of Section 11-501 of this
25 Code or a similar provision of a local ordinance. Such
26 reports shall be sent within 10 days after the driver's
27 referral to such driver remedial or rehabilitative program.
28 Such reports, including those required to be forwarded under
29 subsection 4 of paragraph (a), shall be recorded to the
30 driver's file, but shall not be released to any outside
31 source, except the affected driver, and shall be used only to
32 assist in assessing driver performance and for the purpose of
33 informing the courts that such driver has been previously
34 assigned court supervision or referred to a driver's remedial
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1 or rehabilitative program.
2 (Source: P.A. 90-369, eff. 1-1-98; 90-590, eff. 1-1-99;
3 revised 9-16-98.)
4 (625 ILCS 5/11-208.3) (from Ch. 95 1/2, par. 11-208.3)
5 Sec. 11-208.3. Administrative adjudication of violations
6 of traffic regulations concerning the standing, parking, or
7 condition of vehicles, and automated red light violations.
8 (a) Any municipality may provide by ordinance for a
9 system of administrative adjudication of vehicular standing
10 and parking violations and vehicle compliance violations as
11 defined in this subsection. A municipality with a population
12 of 1,000,000 or more may provide by ordinance for an
13 automated red light enforcement pilot program which utilizes
14 a system of administrative adjudication to determine
15 liability for automated red violations, as defined in this
16 Section, which occur at traffic intersections within the
17 municipality and located within 1,000 feet of a school, park,
18 religious institution, or senior center that are designated
19 for the pilot program by the municipality. No more than 5
20 traffic intersections may be designated for the automated red
21 light enforcement pilot program at any one time. The
22 administrative system shall have as its purpose the fair and
23 efficient enforcement of municipal regulations through the
24 administrative adjudication of violations of municipal
25 ordinances regulating the standing and parking of vehicles,
26 the condition and use of vehicle equipment, and the display
27 of municipal wheel tax licenses within the municipality's
28 borders, and automated red light violations. The
29 administrative system shall only have authority to adjudicate
30 civil offenses carrying fines not in excess of $250 that
31 occur after the effective date of the ordinance adopting such
32 a system under this Section. For purposes of this Section,
33 "compliance violation" means a violation of a municipal
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1 regulation governing the condition or use of equipment on a
2 vehicle or governing the display of a municipal wheel tax
3 license. For purposes of this Section, "automated red light
4 violation" means a violation of subsection (c) of Section
5 11-306 or a similar offense under a municipal ordinance
6 enacted by a municipality with a population of 1,000,000 or
7 more that is recorded by an automated red light enforcement
8 system.
9 (b) Any ordinance establishing a system of
10 administrative adjudication under this Section shall provide
11 for:
12 (1) A traffic compliance administrator authorized
13 to adopt, distribute and process parking and compliance
14 violation notices and other notices required by this
15 Section, collect money paid as fines and penalties for
16 violation of parking and compliance ordinances, and
17 operate an administrative adjudication system. The
18 traffic compliance administrator also may make a
19 certified report to the Secretary of State under Section
20 6-306.5.
21 (2) A parking, standing, or compliance, or
22 automated red light violation notice that shall specify
23 the date, time, and place of violation of a parking,
24 standing, or compliance, or automated red light
25 regulation; the particular regulation violated; the fine
26 and any penalty that may be assessed for late payment,
27 when so provided by ordinance; the vehicle make and state
28 registration number; and the identification number of the
29 person issuing the notice. With regard to municipalities
30 with a population of 1 million or more, it shall be
31 grounds for dismissal of a parking violation if the State
32 registration number or vehicle make specified is
33 incorrect. The violation notice shall state that the
34 payment of the indicated fine, and of any applicable
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1 penalty for late payment, shall operate as a final
2 disposition of the violation. The notice also shall
3 contain information as to the availability of a hearing
4 in which the violation may be contested on its merits.
5 The violation notice shall specify the time and manner in
6 which a hearing may be had.
7 (3) Service of the parking, standing, or compliance
8 violation notice by affixing the original or a facsimile
9 of the notice to an unlawfully parked vehicle or by
10 handing the notice to the operator of a vehicle if he or
11 she is present. Service of an automated red light
12 violation notice by certified mail to the address of the
13 registered owner of the cited vehicle as recorded with
14 the Secretary of State within 30 days of the violation.
15 A person authorized by ordinance to issue and serve
16 parking, standing, and compliance, or automated red light
17 violation notices shall certify as to the correctness of
18 the facts entered on the violation notice by signing his
19 or her name to the notice at the time of service or in
20 the case of a notice produced by a computerized device,
21 by signing a single certificate to be kept by the traffic
22 compliance administrator attesting to the correctness of
23 all notices produced by the device while it was under his
24 or her control. The original or a facsimile of the
25 violation notice shall be retained by the traffic
26 compliance administrator, and shall be a record kept in
27 the ordinary course of business. A parking, standing, or
28 or
3 compliance, or automated red light violation notice in
4 which the owner may contest the merits of the alleged
5 violation, and during which formal or technical rules of
6 evidence shall not apply; provided, however, that under
7 Section 11-1306 of this Code the lessee of a vehicle
8 cited in the violation notice likewise shall be provided
9 an opportunity for a hearing of the same kind afforded
10 the registered owner. The hearings shall be recorded,
11 and the person conducting the hearing on behalf of the
12 traffic compliance administrator shall be empowered to
13 administer oaths and to secure by subpoena both the
14 attendance and testimony of witnesses and the production
15 of relevant books and papers. Persons appearing at a
16 hearing under this Section may be represented by counsel
17 at their expense. The ordinance may also provide for
18 internal administrative review following the decision of
19 the hearing officer.
20 (5) Service of additional notices, sent by first
21 class United States mail, postage prepaid, to the address
22 of the registered owner of the cited vehicle as recorded
23 with the Secretary of State or, under Section 11-1306 of
24 this Code, to the lessee of the cited vehicle at the last
25 address known to the lessor of the cited vehicle at the
26 time of lease. The service shall be deemed complete as
27 of the date of deposit in the United States mail. The
28 notices shall be in the following sequence and shall
29 include but not be limited to the information specified
30 herein:
31 (i) A second notice of violation. This notice
32 shall specify the date and location of the violation
33 cited in the parking, standing, or compliance, or
34 automated red light violation notice, the particular
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1 regulation violated, the vehicle make and state
2 registration number, the fine and any penalty that
3 may be assessed for late payment when so provided by
4 ordinance, the availability of a hearing in which
5 the violation may be contested on its merits, and
6 the time and manner in which the hearing may be had.
7 The notice of violation shall also state that
8 failure either to pay the indicated fine and any
9 applicable penalty, or to appear at a hearing on the
10 merits in the time and manner specified, will result
11 in a final determination of violation liability for
12 the cited violation in the amount of the fine or
13 penalty indicated, and that, upon the occurrence of
14 a final determination of violation liability for the
15 failure, and the exhaustion of, or failure to
16 exhaust, available administrative or judicial
17 procedures for review, any unpaid fine or penalty
18 will constitute a debt due and owing the
19 municipality.
20 (ii) A notice of final determination of
21 parking, standing, or compliance, or automated red
22 light violation liability. This notice shall be sent
23 following a final determination of parking,
24 standing, or compliance, or automated red light
25 violation liability and the conclusion of judicial
26 review procedures taken under this Section. The
27 notice shall state that the unpaid fine or penalty
28 is a debt due and owing the municipality. The
29 notice shall contain warnings that failure to pay
30 any fine or penalty due and owing the municipality
31 within the time specified may result in the
32 municipality's filing of a petition in the Circuit
33 Court to have the unpaid fine or penalty rendered a
34 judgment as provided by this Section, or may result
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1 in suspension of the person's drivers license for
2 failure to pay fines or penalties for 10 or more
3 parking violations under Section 6-306.5.
4 (6) A Notice of impending drivers license
5 suspension. This notice shall be sent to the person
6 liable for any fine or penalty that remains due and owing
7 on 10 or more parking violations. The notice shall state
8 that failure to pay the fine or penalty owing within 45
9 days of the notice's date will result in the municipality
10 notifying the Secretary of State that the person is
11 eligible for initiation of suspension proceedings under
12 Section 6-306.5 of this Code. The notice shall also state
13 that the person may obtain a photostatic copy of an
14 original ticket imposing a fine or penalty by sending a
15 self addressed, stamped envelope to the municipality
16 along with a request for the photostatic copy. The
17 notice of impending drivers license suspension shall be
18 sent by first class United States mail, postage prepaid,
19 to the address recorded with the Secretary of State.
20 (7) Final determinations of violation liability. A
21 final determination of violation liability shall occur
22 following failure to pay the fine or penalty after a
23 hearing officer's determination of violation liability
24 and the exhaustion of or failure to exhaust any
25 administrative review procedures provided by ordinance.
26 Where a person fails to appear at a hearing to contest
27 the alleged violation in the time and manner specified in
28 a prior mailed notice, the hearing officer's
29 determination of violation liability shall become final:
30 (A) upon denial of a timely petition to set aside that
31 determination, or (B) upon expiration of the period for
32 filing the petition without a filing having been made.
33 (8) A petition to set aside a determination of
34 parking, standing, or compliance, or automated red light
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1 violation liability that may be filed by a person owing
2 an unpaid fine or penalty. The petition shall be filed
3 with and ruled upon by the traffic compliance
4 administrator in the manner and within the time specified
5 by ordinance. The grounds for the petition may be limited
6 to: (A) the person not having been the owner or lessee
7 of the cited vehicle on the date the violation notice was
8 issued, (B) the person having already paid the fine or
9 penalty for the violation in question, and (C) excusable
10 failure to appear at or request a new date for a hearing.
11 With regard to municipalities with a population of 1
12 million or more, it shall be grounds for dismissal of a
13 parking violation if the State registration number or
14 vehicle make specified is incorrect. After the
15 determination of parking, standing, or compliance, or
16 automated red light violation liability has been set
17 aside upon a showing of just cause, the registered owner
18 shall be provided with a hearing on the merits for that
19 violation.
20 (9) Procedures for non-residents. Procedures by
21 which persons who are not residents of the municipality
22 may contest the merits of the alleged violation without
23 attending a hearing. An ordinance providing from an
24 automated red light enforcement pilot program pursuant to
25 this Section shall permit a respondent to elect to
26 contest an alleged violation through an adjudication by
27 mail rather than appearing in person at an administrative
28 hearing.
29 (10) A schedule of civil fines for violations of
30 vehicular standing, parking, and compliance, or automated
31 red light regulations enacted by ordinance pursuant to
32 this Section, and a schedule of penalties for late
33 payment of the fines, provided, however, that the total
34 amount of the fine and penalty for any one violation
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1 shall not exceed $250.
2 (11) Other provisions as are necessary and proper
3 to carry into effect the powers granted and purposes
4 stated in this Section.
5 (c) Any municipality establishing vehicular standing,
6 parking, and compliance, or automated red light regulations
7 under this Section may also provide by ordinance for a
8 program of vehicle immobilization for the purpose of
9 facilitating enforcement of those regulations. The program
10 of vehicle immobilization shall provide for immobilizing any
11 eligible vehicle upon the public way by presence of a
12 restraint in a manner to prevent operation of the vehicle.
13 Any ordinance establishing a program of vehicle
14 immobilization under this Section shall provide:
15 (1) Criteria for the designation of vehicles
16 eligible for immobilization. A vehicle shall be eligible
17 for immobilization when the registered owner of the
18 vehicle has accumulated the number of unpaid final
19 determinations of parking, standing, or compliance, or
20 automated red light violation liability as determined by
21 ordinance.
22 (2) A notice of impending vehicle immobilization
23 and a right to a hearing to challenge the validity of the
24 notice by disproving liability for the unpaid final
25 determinations of parking, standing, or compliance, or
26 automated red light violation liability listed on the
27 notice.
28 (3) The right to a prompt hearing after a vehicle
29 has been immobilized or subsequently towed without
30 payment of the outstanding fines and penalties on
31 parking, standing, or compliance, or automated red light
32 violations for which final determinations have been
33 issued. An order issued after the hearing is a final
34 administrative decision within the meaning of Section
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1 3-101 of the Code of Civil Procedure.
2 (4) A post immobilization and post-towing notice
3 advising the registered owner of the vehicle of the right
4 to a hearing to challenge the validity of the
5 impoundment.
6 (d) Judicial review of final determinations of parking,
7 standing, and compliance, or automated red light violations
8 and final administrative decisions issued after hearings
9 regarding vehicle immobilization and impoundment made under
10 this Section shall be subject to the provisions of the
11 Administrative Review Law.
12 (e) Any fine, penalty, or part of any fine or any
13 penalty remaining unpaid after the exhaustion of, or the
14 failure to exhaust, administrative remedies created under
15 this Section and the conclusion of any judicial review
16 procedures shall be a debt due and owing the municipality
17 and, as such, may be collected in accordance with applicable
18 law. Payment in full of any fine or penalty resulting from a
19 standing, parking, or compliance, or automated red light
20 violation shall constitute a final disposition of that
21 violation.
22 (f) After the expiration of the period within which
23 judicial review may be sought for a final determination of
24 parking, standing, or compliance, or automated red light
25 violation, the municipality may commence a proceeding in the
26 Circuit Court for purposes of obtaining a judgment on the
27 final determination of violation. Nothing in this Section
28 shall prevent a municipality from consolidating multiple
29 final determinations of parking, standing, or compliance, or
30 automated red light violation against a person in a
31 proceeding. Upon commencement of the action, the
32 municipality shall file a certified copy of the final
33 determination of parking, standing, or compliance, or
34 automated red light violation, which shall be accompanied by
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1 a certification that recites facts sufficient to show that
2 the final determination of violation was issued in accordance
3 with this Section and the applicable municipal ordinance.
4 Service of the summons and a copy of the petition may be by
5 any method provided by Section 2-203 of the Code of Civil
6 Procedure or by certified mail, return receipt requested,
7 provided that the total amount of fines and penalties for
8 final determinations of parking, standing, or compliance, or
9 automated red light violations does not exceed $2500. If the
10 court is satisfied that the final determination of parking,
11 standing, or compliance, or automated red light violation was
12 entered in accordance with the requirements of this Section
13 and the applicable municipal ordinance, and that the
14 registered owner or the lessee, as the case may be, had an
15 opportunity for an administrative hearing and for judicial
16 review as provided in this Section, the court shall render
17 judgment in favor of the municipality and against the
18 registered owner or the lessee for the amount indicated in
19 the final determination of parking, standing, or compliance,
20 or automated red light violation, plus costs. The judgment
21 shall have the same effect and may be enforced in the same
22 manner as other judgments for the recovery of money.
23 (Source: P.A. 88-415; 88-437; 88-670, eff. 12-2-94; 89-190,
24 eff. 1-1-96.)
25 (625 ILCS 5/11-306) (from Ch. 95 1/2, par. 11-306)
26 Sec. 11-306. Traffic-control signal legend. Whenever
27 traffic is controlled by traffic-control signals exhibiting
28 different colored lights or color lighted arrows,
29 successively one at a time or in combination, only the colors
30 green, red and yellow shall be used, except for special
31 pedestrian signals carrying a word legend, and the lights
32 shall indicate and apply to drivers of vehicles and
33 pedestrians as follows:
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1 (a) Green indication.
2 1. (1) Vehicular traffic facing a circular green
3 signal may proceed straight through or turn right or left
4 unless a sign at such place prohibits either such turn.
5 Vehicular traffic, including vehicles turning right or
6 left, shall yield the right of way to other vehicles and
7 to pedestrians lawfully within the intersection or an
8 adjacent crosswalk at the time such signal is exhibited.
9 2. Vehicular traffic facing a green arrow signal,
10 shown alone or in combination with another indication,
11 may cautiously enter the intersection only to make the
12 movement indicated by such arrow, or such other movement
13 as is permitted by other indications shown at the same
14 time. Such vehicular traffic shall yield the right of
15 way to pedestrians lawfully within an adjacent crosswalk
16 and to other traffic lawfully using the intersection.
17 3. Unless otherwise directed by a
18 pedestrian-control signal, as provided in Section 11-307,
19 pedestrians facing any green signal, except when the sole
20 green signal is a turn arrow, may proceed across the
21 roadway within any marked or unmarked crosswalk.
22 (b) Steady yellow indication.
23 1. Vehicular traffic facing a steady circular
24 yellow or yellow arrow signal is thereby warned that the
25 related green movement is being terminated or that a red
26 indication will be exhibited immediately thereafter.
27 2. Pedestrians facing a steady circular yellow or
28 yellow arrow signal, unless otherwise directed by a
29 pedestrian-control signal as provided in Section 11-307,
30 are thereby advised that there is insufficient time to
31 cross the roadway before a red indication is shown and no
32 pedestrian shall then start to cross the roadway.
33 (c) Steady red indication.
34 1. Except as provided in paragraph 3 of this
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1 subsection (c) of this Section, vehicular traffic facing
2 a steady circular red signal alone shall stop at a
3 clearly marked stop line, but if there is no such stop
4 line, before entering the crosswalk on the near side of
5 the intersection, or if there is no such crosswalk, then
6 before entering the intersection, and shall remain
7 standing until an indication to proceed is shown.
8 2. Except as provided in paragraph 3 of this
9 subsection (c) of this Section, vehicular traffic facing
10 a steady red arrow signal shall not enter the
11 intersection to make the movement indicated by the arrow
12 and, unless entering the intersection to make a movement
13 permitted by another signal, shall stop at a clearly
14 marked stop line, but if there is no such stop line,
15 before entering the crosswalk on the near side of the
16 intersection, or if there is no such crosswalk, then
17 before entering the intersection, and shall remain
18 standing until an indication permitting the movement
19 indicated by such red arrow is shown.
20 3. Except when a sign is in place prohibiting a
21 turn and local authorities by ordinance or State
22 authorities by rule or regulation prohibit any such turn,
23 vehicular traffic facing any steady red signal may
24 cautiously enter the intersection to turn right, or to
25 turn left from a one-way street into a one-way street,
26 after stopping as required by paragraph 1 or paragraph 2
27 of this subsection (c) of this Section. After stopping,
28 the driver shall yield the right of way to any vehicle in
29 the intersection or approaching on another roadway so
30 closely as to constitute an immediate hazard during the
31 time such driver is moving across or within the
32 intersection or junction or roadways. Such driver shall
33 yield the right of way to pedestrians within the
34 intersection or an adjacent crosswalk.
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1 4. Unless otherwise directed by a
2 pedestrian-control signal as provided in Section 11-307,
3 pedestrians facing a steady circular red or red arrow
4 signal alone shall not enter the roadway.
5 5. In accordance with Section 5-208.3, a
6 municipality with a population of 1,000,000 or more may
7 enact an ordinance that provides for the use of an
8 automated red light enforcement pilot program system to
9 enforce violations of this subsection (c). The owner of a
10 vehicle used in violation of this subsection (c) shall be
11 liable for the violation, if the vehicle was used or
12 operated with the permission of the owner, expressed or
13 implied, and the violation was recorded by an automated
14 red light enforcement system utilized in a pilot program
15 adopted by a municipality with a population of 1,000,000
16 or more, pursuant to Section 5-208.3; provided that the
17 owner shall not be liable if: (i) the operator of the
18 vehicle other than the owner has been found guilty of the
19 violation; (ii) the violation occurred at any time during
20 which the vehicle was reported to a law enforcement
21 agency as having been stolen and had not been recovered
22 by the owner at the time of the violation; (iii) the
23 violation occurred at any time during which the vehicle
24 was leased to another, and, within 10 days of receiving
25 notice of the violation, the owner submits to the
26 applicable law enforcement agency the correct name and
27 address of the lessee of the vehicle at the time of the
28 violation, in which case the lessee of the vehicle at the
29 time of the violation shall be deemed to be the owner of
30 the vehicle for purposes of this subsection. that result
31 in or involve a motor vehicle accident, leaving the scene
32 of a motor vehicle accident, or reckless driving that
33 results in bodily injury.
34 This paragraph 5 is subject to prosecutorial
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1 discretion that is consistent with applicable law.
2 (d) In the event an official traffic control signal is
3 erected and maintained at a place other than an intersection,
4 the provisions of this Section shall be applicable except as
5 to provisions which by their nature can have no application.
6 Any stop required shall be at a traffic sign or a marking on
7 the pavement indicating where the stop shall be made or, in
8 the absence of such sign or marking, the stop shall be made
9 at the signal.
10 (e) The motorman of any streetcar shall obey the above
11 signals as applicable to vehicles.
12 (Source: P.A. 90-86, eff. 7-10-97; revised 10-31-98.)
13 Section 99. Effective date. This Act takes effect upon
14 becoming law.".