SB 148 — VEH CD-RAILROAD CROSSING

SB0148 EngrossedEnrolled LRB096 05684 AJT 15750 b AN ACT concerning transportation.

(1) failed to pay any fine or penalty due and owing as a result of 10 or more violations of a municipality's vehicular standing, parking, or compliance regulations established by ordinance pursuant to Section 11-208.3 of this Code, or (2) failed to pay any fine or penalty due and owing as a result of 5 offenses for automated SB0148 EngrossedEnrolled - 2 - LRB096 05684 AJT 15750 b traffic violations as defined in Section 11-208.6 or 11-1201.1, the Secretary of State shall suspend the driving privileges of such person in accordance with the procedures set forth in this Section.

(c) The report of the appropriate municipal official notifying the Secretary of State of unpaid fines or penalties SB0148 EngrossedEnrolled - 3 - LRB096 05684 AJT 15750 b pursuant to this Section shall be certified and shall contain the following:

In a municipality with a population of 1,000,000 or more, the report shall also include a statement that the alleged violator's State vehicle SB0148 EngrossedEnrolled - 4 - LRB096 05684 AJT 15750 b registration number and vehicle make, if specified on the automated traffic law violation notice, are correct as they appear on the citations.

and (2) the person having already paid the fine or penalty for the 10 or more standing, parking, or compliance violations or 5 or more automated traffic law violations indicated on the SB0148 EngrossedEnrolled - 5 - LRB096 05684 AJT 15750 b certified report.

(g) Any municipality, other than a municipality establishing standing, parking, and compliance regulations pursuant to Section 11-208.3 or automated traffic law SB0148 EngrossedEnrolled - 6 - LRB096 05684 AJT 15750 b regulations under Section 11-208.6 or 11-1201.1, may provide by ordinance for the sending of a notice of impending drivers license suspension to the person who has failed to satisfy any fine or penalty imposed by final judgment for 10 or more violations of local standing, parking, or compliance regulations or 5 or more automated traffic law violations after exhaustion of judicial review procedures.

A municipality which files a certified report with the Secretary of State pursuant to this SB0148 EngrossedEnrolled - 7 - LRB096 05684 AJT 15750 b Section shall reimburse the Secretary for all reasonable costs incurred by the Secretary as a result of the filing of the report, including but not limited to the costs of providing the notice required pursuant to subsection (b) and the costs incurred by the Secretary in any hearing conducted with respect to the report pursuant to this subsection and any appeal from such a hearing.

Designating particular highways as one-way highways SB0148 EngrossedEnrolled - 8 - LRB096 05684 AJT 15750 b and requiring that all vehicles thereon be moved in one specific direction;

Imposing fines in accordance with Section 11-1301.3 as penalties for use of any parking place SB0148 EngrossedEnrolled - 9 - LRB096 05684 AJT 15750 b reserved for persons with disabilities, as defined by Section 1-159.1, or disabled veterans by any person using a motor vehicle not bearing registration plates specified in Section 11-1301.1 or a special decal or device as defined in Section 11-1301.2 as evidence that the vehicle is operated by or for a person with disabilities or disabled veteran;

(e) No unit of local government, including a home rule SB0148 EngrossedEnrolled - 10 - LRB096 05684 AJT 15750 b unit, may enact or enforce an ordinance that applies only to motorcycles if the principal purpose for that ordinance is to restrict the access of motorcycles to any highway or portion of a highway for which federal or State funds have been used for the planning, design, construction, or maintenance of that highway.

(g) A municipality or county, as provided in Section 11-1201.1, may enact an ordinance providing for an automated traffic law enforcement system to enforce violations of Section 11-1201 of this Code or a similar provision of a local ordinance and imposing liability on a registered owner of a SB0148 EngrossedEnrolled - 11 - LRB096 05684 AJT 15750 b vehicle used in such a violation.

SB0148 EngrossedEnrolled - 12 - LRB096 05684 AJT 15750 b (b) Any ordinance establishing a system of administrative adjudication under this Section shall provide for:

The SB0148 EngrossedEnrolled - 13 - LRB096 05684 AJT 15750 b violation notice shall state that the payment of the indicated fine, and of any applicable penalty for late payment, shall operate as a final disposition of the violation.

A person authorized by ordinance to issue and serve parking, standing, and compliance violation notices shall certify as to the correctness of the facts entered on the violation notice by signing his or her name to the notice at the time of service or in the case of a notice produced by a computerized device, by signing a single certificate to be kept by the traffic compliance administrator attesting to the correctness of all notices produced by the device while it was under his or her SB0148 EngrossedEnrolled - 14 - LRB096 05684 AJT 15750 b control.

(4) An opportunity for a hearing for the registered owner of the vehicle cited in the parking, standing, compliance, or automated traffic law violation notice in SB0148 EngrossedEnrolled - 15 - LRB096 05684 AJT 15750 b which the owner may contest the merits of the alleged violation, and during which formal or technical rules of evidence shall not apply;

(5) Service of additional notices, sent by first class United States mail, postage prepaid, to the address of the registered owner of the cited vehicle as recorded with the Secretary of State or, if any notice to that address is returned as undeliverable, to the last known address recorded in a United States Post Office approved database, or, under Section 11-1306 of this Code, to the lessee of the cited vehicle at the last address known to the lessor of the cited vehicle at the time of lease or, if any notice to that address is returned as undeliverable, to the last known address recorded in a United States Post Office SB0148 EngrossedEnrolled - 16 - LRB096 05684 AJT 15750 b approved database.

The notice of violation shall also state that failure either to pay the indicated fine and any applicable penalty, or to appear at a hearing on the merits in the time and manner specified, will result in a final determination of violation liability for the cited violation in the amount of the fine or penalty indicated, and that, upon the occurrence of a final determination of violation liability for the failure, and the exhaustion of, or failure to exhaust, available administrative or judicial procedures for review, any unpaid fine or penalty will constitute a debt due and SB0148 EngrossedEnrolled - 17 - LRB096 05684 AJT 15750 b owing the municipality.

The notice shall state that failure to pay the fine or penalty owing within 45 days of the notice's date SB0148 EngrossedEnrolled - 18 - LRB096 05684 AJT 15750 b will result in the municipality notifying the Secretary of State that the person is eligible for initiation of suspension proceedings under Section 6-306.5 of this Code.

SB0148 EngrossedEnrolled - 19 - LRB096 05684 AJT 15750 b (8) A petition to set aside a determination of parking, standing, compliance, or automated traffic law violation liability that may be filed by a person owing an unpaid fine or penalty.

(10) A schedule of civil fines for violations of vehicular standing, parking, compliance, or automated SB0148 EngrossedEnrolled - 20 - LRB096 05684 AJT 15750 b traffic law regulations enacted by ordinance pursuant to this Section, and a schedule of penalties for late payment of the fines, provided, however, that the total amount of the fine and penalty for any one violation shall not exceed $250, except as provided in subsection (c) of Section 11-1301.3 of this Code.

(2) A notice of impending vehicle immobilization and a SB0148 EngrossedEnrolled - 21 - LRB096 05684 AJT 15750 b right to a hearing to challenge the validity of the notice by disproving liability for the unpaid final determinations of parking, standing, compliance, or automated traffic law violation liability listed on the notice.

(e) Any fine, penalty, or part of any fine or any penalty remaining unpaid after the exhaustion of, or the failure to exhaust, administrative remedies created under this Section and the conclusion of any judicial review procedures shall be a SB0148 EngrossedEnrolled - 22 - LRB096 05684 AJT 15750 b debt due and owing the municipality and, as such, may be collected in accordance with applicable law.

Service of the summons and a copy of the petition may be by any method provided by Section 2-203 of the Code of Civil Procedure or by certified mail, return receipt requested, provided that the total amount of fines and penalties for final determinations of parking, standing, compliance, or automated traffic law violations does SB0148 EngrossedEnrolled - 23 - LRB096 05684 AJT 15750 b not exceed $2500.

The recorded image must also display the time, date, and location SB0148 EngrossedEnrolled - 24 - LRB096 05684 AJT 15750 b of the violation.

After SB0148 EngrossedEnrolled - 25 - LRB096 05684 AJT 15750 b the ordinance has been enacted, and before any additional steps toward the establishment of the system are undertaken, the local authorities and the Commission must agree to a plan for obtaining, from any combination of federal, State, and local funding sources, the moneys required for the purchase and installation of any necessary equipment.

No State moneys may be SB0148 EngrossedEnrolled - 26 - LRB096 05684 AJT 15750 b expended on the automated railroad grade crossing enforcement system established under this pilot program.

and SB0148 EngrossedEnrolled - 27 - LRB096 05684 AJT 15750 b (10) a statement that the person may elect to proceed by:

(d) If a person charged with a traffic violation, as a result of an automated railroad grade crossing enforcement system, does not pay 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 pay SB0148 EngrossedEnrolled - 28 - LRB096 05684 AJT 15750 b any fine or penalty due and owing as a result of 5 violations of the automated railroad grade crossing enforcement system.

If you fail to so notify in writing the local law enforcement agency of the name and address of the operator of the vehicle at the time of the alleged offense, you may be presumed to have SB0148 EngrossedEnrolled - 29 - LRB096 05684 AJT 15750 b been the operator of the vehicle at the time of the alleged offense." (d-2) (Blank.) If the registered owner of the vehicle was not the operator of the vehicle at the time of the alleged offense, and if the registered owner notifies the local law enforcement agency having jurisdiction of the name and address of the operator of the vehicle at the time of the alleged offense, the local law enforcement agency having jurisdiction shall then issue a written Uniform Traffic Citation to the person alleged by the registered owner to have been the operator of the vehicle at the time of the alleged offense.

(i) A certificate alleging that a violation of Section 11-1201 occurred, sworn to or affirmed by a duly authorized agency, based on inspection of recorded images produced by an automated railroad crossing enforcement system are evidence of the facts contained in the certificate and are SB0148 EngrossedEnrolled - 30 - LRB096 05684 AJT 15750 b admissible in any proceeding alleging a violation under this Section.

(e-1) Recorded images made by an automated railroad grade crossing enforcement system are confidential and shall be made available only to the alleged violator and governmental and law enforcement agencies for purposes of adjudicating a violation of this Section, for statistical purposes, or for other SB0148 EngrossedEnrolled - 31 - LRB096 05684 AJT 15750 b governmental purposes.

SB0148 EngrossedEnrolled - 32 - LRB096 05684 AJT 15750 b (g) The compensation paid for an automated railroad grade crossing enforcement system must be based on the value of the equipment or the services provided and may not be based on the number of citations issued or the revenue generated by the system.

SB0148 EngrossedEnrolled - 33 - LRB096 05684 AJT 15750 b (j) Penalty.

SB0148 EngrossedEnrolled - 34 - LRB096 05684 AJT 15750 b INDEX Statutes amended in order of appearance 625 ILCS 5/1-105.2 625 ILCS 5/6-306.5 from Ch.