SB 66 — VEH CD-RELOCATOR LIENS

SB0066 EngrossedEnrolled LRB094 05931 DRH 35985 b AN ACT concerning transportation.

The Illinois Vehicle Code is amended by changing Sections 4-203 and 18a-300 and by adding Section 18a-402.14-203 as follows:

(e) Whenever a peace officer reasonably believes that a person under arrest for a violation of Section 11-501 of this Code or a similar provision of a local ordinance is likely, upon release, to commit a subsequent violation of Section SB0066 Engrossed - 2 - LRB094 05931 DRH 35985 b 11-501, or a similar provision of a local ordinance, the SB0066 Enrolled - 2 - LRB094 05931 DRH 35985 b arresting officer shall have the vehicle which the person was operating at the time of the arrest impounded for a period of not more than 12 hours after the time of arrest.

SB0066 Engrossed - 3 - LRB094 05931 DRH 35985 b The vehicle may be released sooner if the vehicle is owned SB0066 Enrolled - 3 - LRB094 05931 DRH 35985 b by the person under arrest and the person under arrest gives permission to another person to operate the vehicle and that other person possesses a valid operator’s license and would not, as determined by the arresting law enforcement agency, indicate a lack of ability to operate a motor vehicle in a safe manner or would otherwise, by operating the motor vehicle, be in violation of this Code.

If the registered owner or legally authorized person entitled to possession of the vehicle shall arrive at the scene prior to actual removal or towing of the vehicle, the SB0066 Engrossed - 4 - LRB094 05931 DRH 35985 b vehicle shall be disconnected from the tow truck and that SB0066 Enrolled - 4 - LRB094 05931 DRH 35985 b person shall be allowed to remove the vehicle without interference, upon the payment of a reasonable service fee of not more than one half the posted rate of the towing service as provided in paragraph 6 of this subsection, for which a receipt shall be given.

The notice must also provide the name and current telephone number of the towing service towing SB0066 EngrossedEnrolled - 5 - LRB094 05931 DRH 35985 b current telephone number of the towing service towing or removing the vehicle.

When a vehicle has been towed or removed pursuant to this Section, it must be released to its owner or custodian within one half hour after requested, if such SB0066 Engrossed - 6 - LRB094 05931 DRH 35985 b request is made during business hours.

Any vehicle owner or SB0066 Enrolled - 6 - LRB094 05931 DRH 35985 b custodian or agent shall have the right to inspect the vehicle before accepting its return, and no release or waiver of any kind which would release the towing service from liability for damages incurred during the towing and storage may be required from any vehicle owner or other legally authorized person as a condition of release of the vehicle.

(g) When a vehicle is determined to be a hazardous dilapidated motor vehicle pursuant to Section 11-40-3.1 of the Illinois Municipal Code, its removal and impoundment by a towing service may be authorized by a law enforcement agency SB0066 Engrossed - 7 - LRB094 05931 DRH 35985 b with appropriate jurisdiction.

SB0066 Enrolled - 7 - LRB094 05931 DRH 35985 b When a vehicle removal from either public or private property is authorized by a law enforcement agency, the owner of the vehicle shall be responsible for all towing and storage charges.

Any personal property belonging to the vehicle owner in a vehicle subject to a lien under this subsection (g) shall likewise be subject to that lien, excepting only:

1-1-99.) SB0066 EngrossedEnrolled - 8 - LRB094 05931 DRH 35985 b (625Section ILCS99. 5/18a-300) (from Ch.

95 1/2, par.

18a-300) Sec.

18a-300.

Commercial vehicle relocators - Unlawful practices.

It shall be unlawful for any commercial vehicle relocator:

(1) To operate in any county in which this Chapter is applicable without a valid, current relocator’s license as provided in Article IV of this Chapter;

(2) To employ as an operator, or otherwise so use the services of, any person who does not have at the commencement of employment or service, or at any time during the course of employment or service, a valid, current operator’s employment permit, or temporary operator’s employment permit issued in accordance with Sections 18a-403 or 18a-405 of this Chapter;

or to fail to notify the Commission, in writing, of any known criminal conviction of any employee occurring at any time before or during the course of employment or service;

(3) To employ as a dispatcher, or otherwise so use the services of, any person who does not have at the commencement of employment or service, or at any time during the course of employment or service, a valid, current dispatcher’s or operator’s employment permit or temporary dispatcher’s or operator’s employment permit issued in accordance with Sections 18a-403 or 18a-407 of this Chapter;

or to fail to notify the Commission, in writing, of any known criminal conviction of any employee occurring at any time before or during the course of employment or service;

(4) To operate upon the highways of this State any vehicle used in connection with any commercial vehicle relocation service unless:

(A) There is painted or firmly affixed to the vehicle on both sides of the vehicle in a color or colors vividly contrasting to the color of the vehicle the name, address and telephone number of the relocator.

The Commission shall prescribe reasonable rules and regulations pertaining to insignia to be painted or firmly affixed to vehicles and shall waive the requirements of the address on any vehicle SB0066 Engrossed - 9 - LRB094 05931 DRH 35985 b in cases where the operator of a vehicle has painted or otherwise firmly affixed to the vehicle a seal or trade mark that clearly identifies the operator of the vehicle;

and (B) There is carried in the power unit of the vehicle a certified copy of the currently effective relocator’s license and operator’s employment permit.

Copies may be photographed, photocopied, or reproduced or printed by any other legible and durable process.

Any person guilty of not causing to be displayed a copy of his relocator’s license and operator’s employment permit may in any hearing concerning the violation be excused from the payment of the penalty hereinafter provided upon a showing that the license was issued by the Commission, but was subsequently lost or destroyed;

(5) To operate upon the highways of this State any vehicle used in connection with any commercial vehicle relocation service that bears the name or address and telephone number of any person or entity other than the relocator by which it is owned or to which it is leased;

(6) To advertise in any newspaper, book, list, classified directory or other publication unless there is contained in the advertisement the license number of the relocator;

(7) To remove any vehicle from private property without having first obtained the written authorization of the property owner or other person in lawful possession or control of the property, his authorized agent, or an authorized law enforcement officer.

The authorization may be on a contractual basis covering a period of time or limited to a specific removal;

(8) To charge the private property owner, who requested that an unauthorized vehicle be removed from his property, with the costs of removing the vehicle contrary to any terms that may be a part of the contract between the property owner and the commercial relocator.

Nothing in this paragraph shall prevent a relocator from assessing, collecting, or receiving SB0066 Engrossed - 10 - LRB094 05931 DRH 35985 b from the property owner, lessee, or their agents any fee prescribed by the Commission;

(9) To remove a vehicle when the owner or operator of the vehicle is present or arrives at the vehicle location at any time prior to the completion of removal, and is willing and able to remove the vehicle immediately;

(10) To remove any vehicle from property on which signs are required and on which there are not posted appropriate signs under Section 18a-302;

(11) To fail to notify law enforcement authorities in the jurisdiction in which the trespassing vehicle was removed within one hour of the removal.

Notification shall include a complete description of the vehicle, registration numbers if possible, the locations from which and to which the vehicle was removed, the time of removal, and any other information required by regulation, statute or ordinance;

(12) To impose any charge other than in accordance with the rates set by the Commission as provided in paragraph (6) of Section 18a-200 of this Chapter;

(13) To fail, in the office or location at which relocated vehicles are routinely returned to their owners, to prominently post the name, address and telephone number of the nearest office of the Commission to which inquiries or complaints may be sent;