SB 935 — VEH CD-AUTOMATED TRAFFIC LAW

SB0935 EngrossedEnrolled LRB096 07044 AJT 17130 b AN ACT concerning transportation.

The administrative system shall only have authority to adjudicate civil offenses carrying fines not in excess of $500 or requiring the SB0935 EngrossedEnrolled - 2 - LRB096 07044 AJT 17130 b completion of a traffic education program, or both, that occur after the effective date of the ordinance adopting such a system under this Section.

the fine and any penalty that may be assessed for late payment or failure to complete a required traffic education program, or both, SB0935 EngrossedEnrolled - 3 - LRB096 07044 AJT 17130 b when so provided by ordinance;

(3) Service of the parking, standing, or compliance violation notice by affixing the original or a facsimile of the notice to an unlawfully parked vehicle or by handing the notice to the operator of a vehicle if he or she is present and service of an automated traffic law violation notice by mail to the address of the registered owner of the cited vehicle as recorded with the Secretary of State SB0935 EngrossedEnrolled - 4 - LRB096 07044 AJT 17130 b within 30 days after the Secretary of State notifies the municipality or county of the identity of the owner of the vehicle, but in no event later than 90 days after the violation.

In municipalities with a population of less than 1,000,000 inhabitants and counties with a population of less than 3,000,000 inhabitants, the automated traffic law ordinance shall require that all determinations by a technician that a motor vehicle was being operated in SB0935 EngrossedEnrolled - 5 - LRB096 07044 AJT 17130 b violation of Section 11-208.6 or 11-1201.1 or a local ordinance must be reviewed and approved by a law enforcement officer or retired law enforcement officer of the municipality or county issuing the violation.

In all municipalities and counties, the automated traffic law ordinance shall require that no additional fee shall be charged to the alleged violator for exercising his or her right to an administrative hearing, and persons shall be given at least 25 days following an administrative hearing SB0935 EngrossedEnrolled - 6 - LRB096 07044 AJT 17130 b to pay any civil penalty imposed by a finding that Section 11-208.6 or 11-1201.1 or a similar local ordinance has been violated.

The hearings shall be recorded, and the SB0935 EngrossedEnrolled - 7 - LRB096 07044 AJT 17130 b person conducting the hearing on behalf of the traffic compliance administrator shall be empowered to administer oaths and to secure by subpoena both the attendance and testimony of witnesses and the production of relevant books and papers.

This notice shall specify the SB0935 EngrossedEnrolled - 8 - LRB096 07044 AJT 17130 b date and location of the violation cited in the parking, standing, or compliance violation notice, the particular regulation violated, the vehicle make and state registration number, any requirement to complete a traffic education program, the fine and any penalty that may be assessed for late payment or failure to complete a traffic education program, or both, when so provided by ordinance, the availability of a hearing in which the violation may be contested on its merits, and the time and manner in which the hearing may be had.

(ii) A notice of final determination of parking, standing, compliance, or automated traffic law SB0935 EngrossedEnrolled - 9 - LRB096 07044 AJT 17130 b violation liability.

This notice shall be sent to the person liable for failure to complete a required traffic education program or to pay any fine or penalty that remains due and owing, or both, on 10 or more parking violations or 5 or more unpaid automated SB0935 EngrossedEnrolled - 10 - LRB096 07044 AJT 17130 b traffic law violations.

Where a person fails to appear at a hearing to contest the alleged violation in the time and manner specified in a prior mailed notice, the hearing officer's determination SB0935 EngrossedEnrolled - 11 - LRB096 07044 AJT 17130 b of violation liability shall become final:

After the determination of parking, standing, compliance, or automated traffic law violation liability has been set aside upon a showing of just cause, the registered owner SB0935 EngrossedEnrolled - 12 - LRB096 07044 AJT 17130 b shall be provided with a hearing on the merits for that violation.

Any ordinance SB0935 EngrossedEnrolled - 13 - LRB096 07044 AJT 17130 b establishing a program of vehicle immobilization under this Section shall provide:

(4) A post immobilization and post-towing notice advising the registered owner of the vehicle of the right SB0935 EngrossedEnrolled - 14 - LRB096 07044 AJT 17130 b to a hearing to challenge the validity of the impoundment.

Nothing in this Section shall prevent a municipality from consolidating multiple final determinations of parking, standing, compliance, or automated SB0935 EngrossedEnrolled - 15 - LRB096 07044 AJT 17130 b traffic law violations against a person in a proceeding.

SB0935 EngrossedEnrolled - 16 - LRB096 07044 AJT 17130 b (g) The fee for participating in a traffic education program under this Section shall not exceed $25.

An automated traffic law enforcement system is a system, in a municipality or county operated by a governmental agency, that produces a recorded image of a motor vehicle's violation of a provision of this Code or a local ordinance and is designed to obtain a clear recorded image of the vehicle and SB0935 EngrossedEnrolled - 17 - LRB096 07044 AJT 17130 b the vehicle's license plate.

SB0935 EngrossedEnrolled - 18 - LRB096 07044 AJT 17130 b (c-5) A county or municipality, including a home rule county or municipality, may not use an automated traffic law enforcement system to issue violations in instances where the motor vehicle comes to a complete stop and does not enter the intersection, as defined by Section 1-132 of this Code, during the cycle of the red signal indication unless one or more pedestrians or bicyclists are present, even if the motor vehicle stops at a point past a stop line or crosswalk where a driver is required to stop, as specified in subsection (c) of Section 11-306 of this Code or a similar provision of a local ordinance.

SB0935 EngrossedEnrolled - 19 - LRB096 07044 AJT 17130 b (3) the violation charged;

(e) If a person charged with a traffic violation, as a result of an automated traffic law enforcement system, does not SB0935 EngrossedEnrolled - 20 - LRB096 07044 AJT 17130 b pay the fine or complete a required traffic education program, or both, or successfully contest the civil penalty resulting from that violation, the Secretary of State shall suspend the driving privileges of the registered owner of the vehicle under Section 6-306.5 of this Code for failing to complete a required traffic education program or to pay any fine or penalty due and owing, or both, as a result of 5 violations of the automated traffic law enforcement system.

(1) that the motor vehicle or registration plates of the motor vehicle were stolen before the violation occurred and not under the control of or in the possession of the SB0935 EngrossedEnrolled - 21 - LRB096 07044 AJT 17130 b owner at the time of the violation;

A violation for which a civil penalty is imposed under this Section is not a violation of a traffic regulation governing the movement of vehicles and may not be recorded on the driving record of the owner of the SB0935 EngrossedEnrolled - 22 - LRB096 07044 AJT 17130 b vehicle.

SB0935 EngrossedEnrolled - 23 - LRB096 07044 AJT 17130 b (k-5) An intersection equipped with an automated traffic law enforcement system must have a yellow change interval that conforms with the Illinois Manual on Uniform Traffic Control Devices (IMUTCD) published by the Illinois Department of Transportation.

If the statistical analysis for the 36 month period following installation of the system indicates that there has been an increase in the rate of accidents at the approach to the intersection monitored by the system, the municipality or SB0935 EngrossedEnrolled - 24 - LRB096 07044 AJT 17130 b county shall undertake additional studies to determine the cause and severity of the accidents, and may take any action that it determines is necessary or appropriate to reduce the number or severity of the accidents at that intersection.

SB0935 EngrossedEnrolled - 25 - LRB096 07044 AJT 17130 b (Source: