Bill Text: IL HB3061 | 2011-2012 | 97th General Assembly | Amended

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Bill Title: Amends the Automated Traffic Control Systems in Highway Construction or Maintenance Zones Act. Makes a technical change in a Section concerning requirements for issuance of a citation.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2013-01-08 - Session Sine Die [HB3061 Detail]

Download: Illinois-2011-HB3061-Amended.html

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Rep. Brandon W. Phelps

Filed: 3/9/2011

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AMENDMENT TO HOUSE BILL 3061
AMENDMENT NO. ______. Amend House Bill 3061 by replacing
everything after the enacting clause with the following:
"Section 5. The Illinois Vehicle Code is amended by
changing Section 11-605.1 as follows:
(625 ILCS 5/11-605.1)
Sec. 11-605.1. Special limit while traveling through a
highway construction or maintenance speed zone.
(a) A person may not operate a motor vehicle in a
construction or maintenance speed zone at a speed in excess of
the posted speed limit.
(b) Nothing in this Chapter prohibits the use of electronic
speed-detecting devices or automated traffic control systems
within 500 feet of signs within a construction or maintenance
speed zone indicating the zone, as defined in this Section, nor
shall evidence obtained by use of those devices or systems be

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inadmissible in any prosecution for speeding, provided the use
of the device or system shall apply only to the enforcement of
the special speed limit in the construction or maintenance
speed zone.
(c) As used in this Section, a "construction or maintenance
speed zone" is an area in which the Department, Toll Highway
Authority, or local agency has determined that the preexisting
established speed limit through a highway construction or
maintenance project is greater than is reasonable or safe with
respect to the conditions expected to exist in the construction
or maintenance speed zone and has posted a lower speed limit
with a highway construction or maintenance speed zone special
speed limit sign.
Highway construction or maintenance speed zone special
speed limit signs shall be of a design approved by the
Department. The signs must give proper due warning that a
construction or maintenance speed zone is being approached and
must indicate the maximum speed limit in effect. The signs also
must state the amount of the minimum fine for a violation.
(d) A first violation of this Section is a petty offense
with a minimum fine of $250. A second or subsequent violation
of this Section is a petty offense with a minimum fine of $750.
(e) If a fine for a violation of this Section is $250 or
greater, the person who violated this Section shall be charged
an additional $125, which shall be deposited into the
Transportation Safety Highway Hire-back Fund in the State

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treasury, unless (i) the violation occurred on a highway other
than an interstate highway and (ii) a county police officer
wrote the ticket for the violation, in which case the $125
shall be deposited into that county's Transportation Safety
Highway Hire-back Fund. In the case of a second or subsequent
violation of this Section, if the fine is $750 or greater, the
person who violated this Section shall be charged an additional
$250, which shall be deposited into the Transportation Safety
Highway Hire-back Fund in the State treasury, unless (i) the
violation occurred on a highway other than an interstate
highway and (ii) a county police officer wrote the ticket for
the violation, in which case the $250 shall be deposited into
that county's Transportation Safety Highway Hire-back Fund.
(e-5) The Department of State Police and the local county
police department have concurrent jurisdiction over any
violation of this Section that occurs on an interstate highway.
(f) The Transportation Safety Highway Hire-back Fund,
which was created by Public Act 92-619, shall continue to be a
special fund in the State treasury. Subject to appropriation by
the General Assembly and approval by the Secretary, the
Secretary of Transportation shall use all moneys in the
Transportation Safety Highway Hire-back Fund to hire off-duty
Department of State Police officers to monitor construction or
maintenance zones.
(f-5) Each county shall create a Transportation Safety
Highway Hire-back Fund. The county shall use all moneys in its

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Transportation Safety Highway Hire-back Fund to hire off-duty
county police officers to monitor construction or maintenance
zones in that county on highways other than interstate
highways.
(g) For a second or subsequent violation of this Section
within 2 years of the date of the previous violation, the
Secretary of State shall suspend the driver's license of the
violator for a period of 90 days.
(Source: P.A. 93-955, eff. 8-19-04; 94-814, eff. 1-1-07.)
Section 10. The Automated Traffic Control Systems in
Highway Construction or Maintenance Zones Act is amended by
changing Sections 10, 15, 25, 30, 40, and 45 and by adding
Section 37 as follows:
(625 ILCS 7/10)
Sec. 10. Establishment of automated control systems. The
Department of State Police may establish an automated traffic
control system in any construction or maintenance zone
established by the Department of Transportation or the Illinois
State Toll Highway Authority. An automated traffic control
system may operate only during those periods when workers are
present in the construction or maintenance zone. In any
prosecution based upon evidence obtained through an automated
traffic control system established under this Act, the State
must prove that one or more workers were present in the

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construction or maintenance zone when the violation occurred.
(Source: P.A. 93-947, eff. 8-19-04; 94-757, eff. 5-12-06;
94-814, eff. 1-1-07.)
(625 ILCS 7/15)
Sec. 15. Definitions. As used in this Act:
(a) "Automated traffic control system" means a
photographic device, radar device, laser device, or other
electrical or mechanical device or devices designed to record
the speed of a vehicle and obtain a clear photograph or other
recorded image of the vehicle, the vehicle operator, and the
vehicle's registration plate while the driver is violating
Section 11-605.1 of the Illinois Vehicle Code. The photograph
or other recorded image must also display the time, date, and
location of the violation. A law enforcement officer is not
required to be present or to witness the violation.
(b) "Construction or maintenance zone" means an area in
which the Department of Transportation or the Illinois State
Toll Highway Authority has determined that the preexisting
established speed limit through a highway construction or
maintenance project is greater than is reasonable or safe with
respect to the conditions expected to exist in the construction
or maintenance zone and has posted a lower speed limit with a
highway construction or maintenance zone special speed limit
sign in accordance with Section 11-605.1 of the Illinois
Vehicle Code.

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(c) "Owner" means the person or entity to whom the vehicle
is registered, except this term shall not include a motor
vehicle rental company when a motor vehicle registered by the
company is being operated by another person under a rental
agreement with the company.
(Source: P.A. 93-947, eff. 8-19-04.)
(625 ILCS 7/25)
Sec. 25. Limitations on the use of automated traffic
enforcement systems.
(a) The Department of State Police must conduct a public
information campaign to inform drivers about the use of
automated traffic control systems in highway construction or
maintenance zones before establishing any of those systems. The
Department of State Police shall adopt rules for implementing
this subsection (a).
(b) Signs indicating that speeds are enforced by automated
traffic control systems must be clearly posted in the areas
where the systems are in use.
(c) Operation of automated traffic control systems is
limited to areas where road construction or maintenance zones
as defined by this Act is occurring.
(d) Photographs obtained in this manner may only be used as
evidence in relation to a violation of Section 11-605.1 of the
Illinois Vehicle Code for which the photograph is taken, unless
otherwise allowed by law. Photographs or recorded images made

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by an automated traffic control system are confidential and
shall be made available only to the owner of the vehicle, the
alleged offender, the alleged offender's attorney, the
judiciary, the local State's Attorney, and governmental or law
enforcement agencies. Any recorded image evidencing a
violation of this Section, however, may be admissible in any
proceeding resulting from the issuance of the citation. The
photographs are available only to the owner of the vehicle, the
offender and the offender's attorney, the judiciary, the local
State's Attorney, and law enforcement officials.
(e) (Blank) If the driver of the vehicle cannot be
identified through the photograph, the owner is not liable for
the fine, and the citation may not be counted against the
driving record of the owner. If the driver can be identified,
the driver is liable for the fine, and the violation is counted
against his or her driving record.
(Source: P.A. 93-947, eff. 8-19-04.)
(625 ILCS 7/30)
Sec. 30. Requirements for issuance of a citation.
(a) The vehicle, vehicle operator, vehicle registration
plate, speed, date, time, and location must be clearly visible
on the photograph or other recorded image of the alleged
violation.
(b) A Uniform Traffic Citation must be mailed or otherwise
delivered to the registered owner of the vehicle and to the

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alleged driver of the vehicle. If mailed, the citation must be
sent via certified mail within 14 business days of the alleged
violation, return receipt requested.
(c) The Uniform Traffic Citation must include:
(1) the name and address of the vehicle owner;
(2) the registration number of the vehicle;
(3) the offense charged;
(4) the time, date, and location of the violation;
(5) the first available court date; and
(6) notice that the basis of the citation is the
photograph or recorded image from the automated traffic
control system; .
(7) the amount of the fine imposed; and
(8) a statement that recorded images are evidence of a
violation of a posted speed limit in a highway construction
or maintenance zone.
(d) The Uniform Traffic Citation issued to the alleged
violator must be accompanied by a written document that lists
the alleged violator's rights and obligations and explains how
the alleged violator can elect to proceed by either paying the
fine or challenging the issuance of the Uniform Traffic
Citation.
(e) The written document accompanying the Uniform Traffic
Citation shall advise the registered owner that:
(1) if the owner was not the operator of the vehicle as
identified in the photograph or recorded image from the

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automated traffic control system in use at the time of the
alleged offense, the owner must notify the Department of
State Police, in writing, of the number of the Uniform
Traffic Citation received and the name, driver's license
number, and address of the person operating the vehicle as
identified in the photograph or recorded image from the
automated traffic control system in use at the time of the
alleged offense.
(2) if the owner was not the operator of the vehicle as
identified in the photograph or recorded image from the
automated traffic control system in use at the time of the
alleged offense because the vehicle was stolen, the owner
must provide the Department of State Police with a
certified copy of a police report showing that the vehicle
had been reported to the police as stolen at the time of
the alleged violation.
(3) if the owner fails to notify the Department of
State Police, in writing, of the name, driver's license
number, and address of the operator of the vehicle as
identified in the photograph or recorded image from the
automated traffic control system in use at the time of the
alleged offense or provide the Department of State Police
with a certified copy of a police report showing that the
vehicle had been reported to the police as stolen prior to
the time of the alleged violation, the Secretary of State
may suspend the registration of the owner's vehicle in

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accordance with Section 37.
(f) If the registered owner of the vehicle was not the
operator of the vehicle as identified in the photograph or
recorded image from the automated traffic control system in use
at the time of the alleged offense, and if the registered owner
notifies the Department of State Police of the name, driver's
license number, and address of the operator of the vehicle as
identified in the photograph or recorded image from the
automated traffic control system in use at the time of the
alleged offense as required in subsection (e), the Department
of State Police shall then issue a Uniform Traffic Citation to
the person alleged by the registered owner to have been the
operator of the vehicle as identified in the photograph or
recorded image from the automated traffic control system in use
at the time of the alleged offense. If the registered owner
fails to notify the Department of State Police in writing of
the name, driver's license number, and address of the operator
of the vehicle as identified in the photograph or recorded
image from the automated traffic control system in use at the
time of the alleged offense, or if the information provided by
the registered owner is incorrect or incomplete, the registered
owner may be held accountable for the violation cited in
accordance with Section 37.
(g) A Uniform Traffic Citation issued under this Section
shall be dismissed if the registered owner of the vehicle
provides the Department of State Police with a certified copy

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of a police report showing that the vehicle had been reported
to the police as stolen at the time of the alleged violation.
(h) If a person charged with a traffic violation, as a
result of an automated traffic control system, does not pay the
fine or successfully contest the fine resulting from that
violation, the Secretary of State shall suspend the driving
privileges of the registered owner of the vehicle under Section
37 for failing to pay any fine or penalty due and owing, or
both, as a result of 2 violations within 2 years of the
automated traffic control system.
(i) Based on inspection of recorded images produced by an
automated traffic law enforcement system, a notice alleging
that the violation occurred shall be evidence of the facts
contained in the notice and admissible in any proceeding
alleging a violation under this Section.
(Source: P.A. 93-947, eff. 8-19-04; 94-757, eff. 5-12-06;
94-814, eff. 1-1-07.)
(625 ILCS 7/37 new)
Sec. 37. Suspension of vehicle registration.
Notwithstanding any other penalties that may be imposed, the
Secretary of State may suspend the registration of any vehicle
or the driving privileges of any driver that violates this Act
if the registered owner or driver does not comply with this
Act.

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(625 ILCS 7/40)
Sec. 40. Admissibility of recorded images. Except as
provided in Section 25 45, any photograph or other recorded
image evidencing a violation of Section 11-605.1 of the
Illinois Vehicle Code is admissible in any proceeding resulting
from the issuance of the Uniform Traffic Citation. Photographs
or recorded images made by an automatic traffic control system
are confidential and shall be made available only to the
defendant and to governmental or law enforcement agencies
within the jurisdiction for the purposes of adjudicating a
driving violation.
(Source: P.A. 93-947, eff. 8-19-04.)
(625 ILCS 7/45)
Sec. 45. Corporation, association, business, or vehicle
Vehicle rental or leasing company's identification of a driver,
renter, or lessee.
(a) A Uniform Traffic Citation issued under this Act to a
motor vehicle rental or leasing company shall be dismissed with
respect to the corporation, association, business, rental or
leasing company if:
(1) the corporation, association, business, or company
responds to the Uniform Traffic Citation by submitting,
within 30 days of the mailing of the citation, an affidavit
of non-liability stating that, at the time of the alleged
speeding or other traffic violation, the vehicle was in the

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custody and control of a renter or lessee under the terms
of a rental agreement or lease; and
(2) the corporation, association, business, or company
provides the driver's license number, name, and address of
the renter or lessee.
(b) A Uniform Traffic Citation dismissed with respect to a
motor vehicle rental or leasing company in accordance with
subsection (a) may then be issued and delivered by mail or
other means to the renter or lessee identified in the
photograph or recorded image from the automated traffic control
system and by the affidavit of non-liability.
(c) The Department of State Police shall notify the
Secretary of State if a corporation, association, business, or
vehicle rental or leasing company fails to comply with this
Section. The Secretary may suspend the vehicle registration or
the fleet registration of any corporation, association,
business, or vehicle rental or leasing company that fails to
comply with this Section.
(Source: P.A. 93-947, eff. 8-19-04.)
(625 ILCS 7/35 rep.)
Section 15. The Automated Traffic Control Systems in
Highway Construction or Maintenance Zones Act is amended by
repealing Section 35.
Section 99. Effective date. This Act takes effect upon

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becoming law.".