Bill Text: IL SB1527 | 2013-2014 | 98th General Assembly | Amended

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Bill Title: Amends the Illinois Vehicle Code. In the Section concerning automated traffic law enforcement systems, provides that a minimal yellow light change interval at an intersection where an automated system is operating shall be established in accordance with nationally recognized engineering standards, and may not be less than the recognized national standard plus one additional second. Provides that a court or hearing officer may consider in defense of a violation evidence that the minimal yellow light change interval does not conform with the requirements.

Spectrum: Slight Partisan Bill (Republican 4-2)

Status: (Failed) 2015-01-13 - Session Sine Die [SB1527 Detail]

Download: Illinois-2013-SB1527-Amended.html

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Sen. Dan Duffy

Filed: 3/15/2013

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AMENDMENT TO SENATE BILL 1527
AMENDMENT NO. ______. Amend Senate Bill 1527 by replacing
everything after the enacting clause with the following:
"Section 5. The Illinois Vehicle Code is amended by
changing Sections 3-400, 6-306.5, 11-208, 11-208.3, and 11-612
as follows:
(625 ILCS 5/3-400) (from Ch. 95 1/2, par. 3-400)
Sec. 3-400. Definitions Definition. Notwithstanding the
definition set forth in Chapter 1 of this Act, for the purposes
of this Article, the following words shall have the meaning
ascribed to them as follows:
"Apportionable Fee" means any periodic recurring fee
required for licensing or registering vehicles, such as, but
not limited to, registration fees, license or weight fees.
"Apportionable Vehicle" means any vehicle, except
recreational vehicles, vehicles displaying restricted plates,

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city pickup and delivery vehicles, buses used in transportation
of chartered parties, and government owned vehicles that are
used or intended for use in 2 or more member jurisdictions that
allocate or proportionally register vehicles, in a fleet which
is used for the transportation of persons for hire or the
transportation of property and which has a gross vehicle weight
in excess of 26,000 pounds; or has three or more axles
regardless of weight; or is used in combination when the weight
of such combination exceeds 26,000 pounds gross vehicle weight.
Vehicles, or combinations having a gross vehicle weight of
26,000 pounds or less and two-axle vehicles may be
proportionally registered at the option of such owner.
"Base Jurisdiction" means, for purposes of fleet
registration, the jurisdiction where the registrant has an
established place of business, where operational records of the
fleet are maintained and where mileage is accrued by the fleet.
In case a registrant operates more than one fleet, and
maintains records for each fleet in different places, the "base
jurisdiction" for a fleet shall be the jurisdiction where an
established place of business is maintained, where records of
the operation of that fleet are maintained and where mileage is
accrued by that fleet.
"Operational Records" means documents supporting miles
traveled in each jurisdiction and total miles traveled, such as
fuel reports, trip leases, and logs.
Owner. A person who holds legal title of a motor vehicle,

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or in the event a motor vehicle is the subject of an agreement
for the conditional sale or lease thereof with the right of
purchase upon performance of the conditions stated in the
agreement and with an immediate right of possession vested in
the conditional vendee or lessee with right of purchase, or in
the event a mortgagor of such motor vehicle is entitled to
possession, or in the event a lessee of such motor vehicle is
entitled to possession or control, then such conditional vendee
or lessee with right of purchase or mortgagor or lessee is
considered to be the owner for the purpose of this Act.
"Registration plate cover" means any tinted, colored,
painted, marked, clear, or illuminated object that is designed
to (i) cover any of the characters of a motor vehicle's
registration plate; or (ii) distort a recorded image of any of
the characters of a motor vehicle's registration plate recorded
by an automated enforcement system as defined in Section
11-208.6, 11-208.8, or 11-1201.1 of this Code or recorded by an
automated traffic control system as defined in Section 15 of
the Automated Traffic Control Systems in Highway Construction
or Maintenance Zones Act.
"Rental Owner" means an owner principally engaged, with
respect to one or more rental fleets, in renting to others or
offering for rental the vehicles of such fleets, without
drivers.
"Restricted Plates" shall include but are not limited to
dealer, manufacturer, transporter, farm, repossessor, and

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permanently mounted type plates. Vehicles displaying any of
these type plates from a foreign jurisdiction that is a member
of the International Registration Plan shall be granted
reciprocity but shall be subject to the same limitations as
similar plated Illinois registered vehicles.
(Source: P.A. 97-743, eff. 1-1-13; revised 8-3-12.)
(625 ILCS 5/6-306.5) (from Ch. 95 1/2, par. 6-306.5)
Sec. 6-306.5. Failure to pay fine or penalty for standing,
parking, compliance, automated speed enforcement system, or
automated traffic law violations; suspension of driving
privileges.
(a) Upon receipt of a certified report, as prescribed by
subsection (c) of this Section, from any municipality or county
stating that the owner of a registered vehicle: (1) has failed
to pay any fine or penalty due and owing as a result of 10 or
more violations of a municipality's or county's vehicular
standing, parking, or compliance regulations established by
ordinance pursuant to Section 11-208.3 of this Code, (2) has
failed to pay any fine or penalty due and owing as a result of 5
offenses for automated speed enforcement system violations or
automated traffic violations as defined in Section Sections
11-208.6, 11-208.8, or 11-1201.1, or combination thereof, or
(3) is more than 14 days in default of a payment plan pursuant
to which a suspension had been terminated under subsection (c)
of this Section, the Secretary of State shall suspend the

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driving privileges of such person in accordance with the
procedures set forth in this Section. The Secretary shall also
suspend the driving privileges of an owner of a registered
vehicle upon receipt of a certified report, as prescribed by
subsection (f) of this Section, from any municipality or county
stating that such person has failed to satisfy any fines or
penalties imposed by final judgments for 5 or more automated
speed enforcement system or automated traffic law violations,
or combination thereof, or 10 or more violations of local
standing, parking, or compliance regulations after exhaustion
of judicial review procedures.
(b) Following receipt of the certified report of the
municipality or county as specified in this Section, the
Secretary of State shall notify the person whose name appears
on the certified report that the person's drivers license will
be suspended at the end of a specified period of time unless
the Secretary of State is presented with a notice from the
municipality or county certifying that the fine or penalty due
and owing the municipality or county has been paid or that
inclusion of that person's name on the certified report was in
error. The Secretary's notice shall state in substance the
information contained in the municipality's or county's
certified report to the Secretary, and shall be effective as
specified by subsection (c) of Section 6-211 of this Code.
(c) The report of the appropriate municipal or county
official notifying the Secretary of State of unpaid fines or

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penalties pursuant to this Section shall be certified and shall
contain the following:
(1) The name, last known address as recorded with the
Secretary of State, as provided by the lessor of the cited
vehicle at the time of lease, or as recorded in a United
States Post Office approved database if any notice sent
under Section 11-208.3 of this Code is returned as
undeliverable, and drivers license number of the person who
failed to pay the fine or penalty or who has defaulted in a
payment plan and the registration number of any vehicle
known to be registered to such person in this State.
(2) The name of the municipality or county making the
report pursuant to this Section.
(3) A statement that the municipality or county sent a
notice of impending drivers license suspension as
prescribed by ordinance enacted pursuant to Section
11-208.3 of this Code or a notice of default in a payment
plan, to the person named in the report at the address
recorded with the Secretary of State or at the last address
known to the lessor of the cited vehicle at the time of
lease or, if any notice sent under Section 11-208.3 of this
Code is returned as undeliverable, at the last known
address recorded in a United States Post Office approved
database; the date on which such notice was sent; and the
address to which such notice was sent. In a municipality or
county with a population of 1,000,000 or more, the report

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shall also include a statement that the alleged violator's
State vehicle registration number and vehicle make, if
specified on the automated speed enforcement system
violation or automated traffic law violation notice, are
correct as they appear on the citations.
(4) A unique identifying reference number for each
request of suspension sent whenever a person has failed to
pay the fine or penalty or has defaulted on a payment plan.
(d) Any municipality or county making a certified report to
the Secretary of State pursuant to this Section shall notify
the Secretary of State, in a form prescribed by the Secretary,
whenever a person named in the certified report has paid the
previously reported fine or penalty, whenever a person named in
the certified report has entered into a payment plan pursuant
to which the municipality or county has agreed to terminate the
suspension, or whenever the municipality or county determines
that the original report was in error. A certified copy of such
notification shall also be given upon request and at no
additional charge to the person named therein. Upon receipt of
the municipality's or county's notification or presentation of
a certified copy of such notification, the Secretary of State
shall terminate the suspension.
(e) Any municipality or county making a certified report to
the Secretary of State pursuant to this Section shall also by
ordinance establish procedures for persons to challenge the
accuracy of the certified report. The ordinance shall also

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state the grounds for such a challenge, which may be limited to
(1) the person not having been the owner or lessee of the
vehicle or vehicles receiving 10 or more standing, parking, or
compliance violation notices or a combination of 5 or more
automated speed enforcement system or automated traffic law
violations on the date or dates such notices were issued; and
(2) the person having already paid the fine or penalty for the
10 or more standing, parking, or compliance violations or
combination of 5 or more automated speed enforcement system or
automated traffic law violations indicated on the certified
report.
(f) Any municipality or county, other than a municipality
or county establishing vehicular standing, parking, and
compliance regulations pursuant to Section 11-208.3, automated
speed enforcement system regulations under Section 11-208.8,
or automated traffic law regulations under Section 11-208.6 or
11-1201.1, may also cause a suspension of a person's drivers
license pursuant to this Section. Such municipality or county
may invoke this sanction by making a certified report to the
Secretary of State upon a person's failure to satisfy any fine
or penalty imposed by final judgment for 10 or more violations
of local standing, parking, or compliance regulations or a
combination of 5 or more automated speed enforcement system or
automated traffic law violations after exhaustion of judicial
review procedures, but only if:
(1) the municipality or county complies with the

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provisions of this Section in all respects except in regard
to enacting an ordinance pursuant to Section 11-208.3;
(2) the municipality or county has sent a notice of
impending drivers license suspension as prescribed by an
ordinance enacted pursuant to subsection (g) of this
Section; and
(3) in municipalities or counties with a population of
1,000,000 or more, the municipality or county has verified
that the alleged violator's State vehicle registration
number and vehicle make are correct as they appear on the
citations.
(g) Any municipality or county, other than a municipality
or county establishing standing, parking, and compliance
regulations pursuant to Section 11-208.3, automated speed
enforcement system regulations under Section 11-208.8, or
automated traffic law 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 a combination of 5 or more automated
speed enforcement system or automated traffic law violations
after exhaustion of judicial review procedures. An ordinance so
providing shall specify that the notice sent to the person
liable for any fine or penalty shall state that failure to pay
the fine or penalty owing within 45 days of the notice's date

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will result in the municipality or county notifying the
Secretary of State that the person's drivers license is
eligible for suspension pursuant to this Section. The notice of
impending drivers license suspension shall be sent by first
class United States mail, postage prepaid, to the address
recorded with the Secretary of State or at the last address
known to the lessor of the cited vehicle at the time of lease
or, if any notice sent under Section 11-208.3 of this Code is
returned as undeliverable, to the last known address recorded
in a United States Post Office approved database.
(h) An administrative hearing to contest an impending
suspension or a suspension made pursuant to this Section may be
had upon filing a written request with the Secretary of State.
The filing fee for this hearing shall be $20, to be paid at the
time the request is made. A municipality or county which files
a certified report with the Secretary of State pursuant to this
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.
(i) The provisions of this Section shall apply on and after
January 1, 1988.
(j) For purposes of this Section, the term "compliance

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violation" is defined as in Section 11-208.3.
(Source: P.A. 96-478, eff. 1-1-10; 96-1184, eff. 7-22-10;
96-1386, eff. 7-29-10; 97-333, eff. 8-12-11; 97-672, eff.
7-1-12.)
(625 ILCS 5/11-208) (from Ch. 95 1/2, par. 11-208)
Sec. 11-208. Powers of local authorities.
(a) The provisions of this Code shall not be deemed to
prevent local authorities with respect to streets and highways
under their jurisdiction and within the reasonable exercise of
the police power from:
1. Regulating the standing or parking of vehicles,
except as limited by Sections 11-1306 and 11-1307 of this
Act;
2. Regulating traffic by means of police officers or
traffic control signals;
3. Regulating or prohibiting processions or
assemblages on the highways;
4. Designating particular highways as one-way highways
and requiring that all vehicles thereon be moved in one
specific direction;
5. Regulating the speed of vehicles in public parks
subject to the limitations set forth in Section 11-604;
6. Designating any highway as a through highway, as
authorized in Section 11-302, and requiring that all
vehicles stop before entering or crossing the same or

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designating any intersection as a stop intersection or a
yield right-of-way intersection and requiring all vehicles
to stop or yield the right-of-way at one or more entrances
to such intersections;
7. Restricting the use of highways as authorized in
Chapter 15;
8. Regulating the operation of bicycles and requiring
the registration and licensing of same, including the
requirement of a registration fee;
9. Regulating or prohibiting the turning of vehicles or
specified types of vehicles at intersections;
10. Altering the speed limits as authorized in Section
11-604;
11. Prohibiting U-turns;
12. Prohibiting pedestrian crossings at other than
designated and marked crosswalks or at intersections;
13. Prohibiting parking during snow removal operation;
14. Imposing fines in accordance with Section
11-1301.3 as penalties for use of any parking place
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;

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15. Adopting such other traffic regulations as are
specifically authorized by this Code; or
16. Enforcing the provisions of subsection (f) of
Section 3-413 of this Code or a similar local ordinance.
(b) No ordinance or regulation enacted under subsections 1,
4, 5, 6, 7, 9, 10, 11 or 13 of paragraph (a) shall be effective
until signs giving reasonable notice of such local traffic
regulations are posted.
(c) The provisions of this Code shall not prevent any
municipality having a population of 500,000 or more inhabitants
from prohibiting any person from driving or operating any motor
vehicle upon the roadways of such municipality with headlamps
on high beam or bright.
(d) The provisions of this Code shall not be deemed to
prevent local authorities within the reasonable exercise of
their police power from prohibiting, on private property, the
unauthorized use of parking spaces reserved for persons with
disabilities.
(e) No unit of local government, including a home rule
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. No unit of local government, including a home rule
unit, may enact an ordinance requiring motorcycle users to wear

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protective headgear. Nothing in this subsection (e) shall
affect the authority of a unit of local government to regulate
motorcycles for traffic control purposes or in accordance with
Section 12-602 of this Code. No unit of local government,
including a home rule unit, may regulate motorcycles in a
manner inconsistent with this Code. This subsection (e) is a
limitation under subsection (i) of Section 6 of Article VII of
the Illinois Constitution on the concurrent exercise by home
rule units of powers and functions exercised by the State.
(f) (Blank). A municipality or county designated in Section
11-208.6 may enact an ordinance providing for an automated
traffic law enforcement system to enforce violations of this
Code or a similar provision of a local ordinance and imposing
liability on a registered owner or lessee of a vehicle used in
such a violation.
(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
vehicle used in such a violation.
(h) (Blank). A municipality designated in Section 11-208.8
may enact an ordinance providing for an automated speed
enforcement system to enforce violations of Article VI of
Chapter 11 of this Code or a similar provision of a local
ordinance.

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(Source: P.A. 96-478, eff. 1-1-10; 96-1256, eff. 1-1-11; 97-29,
eff. 1-1-12; 97-672, eff. 7-1-12.)
(625 ILCS 5/11-208.3) (from Ch. 95 1/2, par. 11-208.3)
Sec. 11-208.3. Administrative adjudication of violations
of traffic regulations concerning the standing, parking, or
condition of vehicles, and automated traffic law violations,
and automated speed enforcement system violations.
(a) Any municipality or county may provide by ordinance for
a system of administrative adjudication of vehicular standing
and parking violations and vehicle compliance violations as
described in this subsection and , automated traffic law
violations as defined in Section 11-208.6 or 11-1201.1, and
automated speed enforcement system violations as defined in
Section 11-208.8. The administrative system shall have as its
purpose the fair and efficient enforcement of municipal or
county regulations through the administrative adjudication of
automated speed enforcement system or automated traffic law
violations and violations of municipal or county ordinances
regulating the standing and parking of vehicles, the condition
and use of vehicle equipment, and the display of municipal or
county wheel tax licenses within the municipality's or county's
borders. The administrative system shall only have authority to
adjudicate civil offenses carrying fines not in excess of $500
or requiring the completion of a traffic education program, or
both, that occur after the effective date of the ordinance

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adopting such a system under this Section. For purposes of this
Section, "compliance violation" means a violation of a
municipal or county regulation governing the condition or use
of equipment on a vehicle or governing the display of a
municipal or county wheel tax license.
(b) Any ordinance establishing a system of administrative
adjudication under this Section shall provide for:
(1) A traffic compliance administrator authorized to
adopt, distribute and process parking, compliance, and
automated speed enforcement system or automated traffic
law violation notices and other notices required by this
Section, collect money paid as fines and penalties for
violation of parking and compliance ordinances and
automated speed enforcement system or automated traffic
law violations, and operate an administrative adjudication
system. The traffic compliance administrator also may make
a certified report to the Secretary of State under Section
6-306.5.
(2) A parking, standing, compliance, automated speed
enforcement system, or automated traffic law violation
notice that shall specify the date, time, and place of
violation of a parking, standing, compliance, automated
speed enforcement system, or automated traffic law
regulation; the particular regulation violated; any
requirement to complete a traffic education program; the
fine and any penalty that may be assessed for late payment

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or failure to complete a required traffic education
program, or both, when so provided by ordinance; the
vehicle make and state registration number; and the
identification number of the person issuing the notice.
With regard to automated speed enforcement system or
automated traffic law violations, vehicle make shall be
specified on the automated speed enforcement system or
automated traffic law violation notice if the make is
available and readily discernible. With regard to
municipalities or counties with a population of 1 million
or more, it shall be grounds for dismissal of a parking
violation if the state registration number or vehicle make
specified is incorrect. The violation notice shall state
that the completion of any required traffic education
program, the payment of any indicated fine, and the payment
of any applicable penalty for late payment or failure to
complete a required traffic education program, or both,
shall operate as a final disposition of the violation. The
notice also shall contain information as to the
availability of a hearing in which the violation may be
contested on its merits. The violation notice shall specify
the time and manner in which a hearing may be had.
(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

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present and service of an automated speed enforcement
system or automated traffic law violation notice by mail to
the address of the registered owner or lessee of the cited
vehicle as recorded with the Secretary of State or the
lessor of the motor vehicle within 30 days after the
Secretary of State or the lessor of the motor vehicle
notifies the municipality or county of the identity of the
owner or lessee of the vehicle, but not later than 90 days
after the violation, except that in the case of a lessee of
a motor vehicle, service of an automated traffic law
violation notice may occur no later than 210 days after 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
control. In the case of an automated traffic law violation,
the ordinance shall require a determination by a technician
employed or contracted by the municipality or county that,
based on inspection of recorded images, the motor vehicle
was being operated in violation of Section 11-208.6 or
11-1201.1 or a local ordinance. If the technician

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determines that the vehicle entered the intersection as
part of a funeral procession or in order to yield the
right-of-way to an emergency vehicle, a citation shall not
be issued. 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
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
municipalities with a population of 1,000,000 or more
inhabitants and counties with a population of 3,000,000 or
more inhabitants, the automated traffic law ordinance
shall require that all determinations by a technician that
a motor vehicle was being operated in 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 or by an additional fully-trained reviewing
technician who is not employed by the contractor who
employs the technician who made the initial determination.
In the case of an automated speed enforcement system
violation, the ordinance shall require a determination by a
technician employed by the municipality, based upon an

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inspection of recorded images, video or other
documentation, including documentation of the speed limit
and automated speed enforcement signage, and documentation
of the inspection, calibration, and certification of the
speed equipment, that the vehicle was being operated in
violation of Article VI of Chapter 11 of this Code or a
similar local ordinance. If the technician determines that
the vehicle speed was not determined by a calibrated,
certified speed equipment device based upon the speed
equipment documentation, or if the vehicle was an emergency
vehicle, a citation may not be issued. The automated speed
enforcement ordinance shall require that all
determinations by a technician that a violation occurred be
reviewed and approved by a law enforcement officer or
retired law enforcement officer of the municipality
issuing the violation or by an additional fully trained
reviewing technician who is not employed by the contractor
who employs the technician who made the initial
determination. Routine and independent calibration of the
speeds produced by automated speed enforcement systems and
equipment shall be conducted by a qualified technician.
Speeds produced by an automated speed enforcement system
shall be compared with speeds produced by lidar or other
independent equipment. Qualified technicians shall test
radar or lidar equipment no less frequently than once each
week, and shall test loop based equipment no less

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frequently than once a year. Radar equipment shall be
checked for accuracy by a qualified technician when the
unit is serviced, when unusual or suspect readings persist,
or when deemed necessary by a reviewing technician. Radar
equipment shall be checked with certified tuning forks, the
internal circuit test, and diode display test whenever the
radar is turned on. Technicians must be alert for any
unusual or suspect readings, and if unusual or suspect
readings of a radar unit persist, that unit shall
immediately be removed from service and not returned to
service until it has been checked by a qualified technician
and determined to be functioning properly. Documentation
of the calibration results, including the equipment
tested, test date, technician performing the test, and test
results, shall be maintained and available for use in the
determination of an automated speed enforcement system
violation and issuance of a citation. The technician
performing the calibration and testing of the automated
speed enforcement equipment shall be trained and certified
in the use of equipment for speed enforcement purposes.
Training on the speed enforcement equipment may be
conducted by law enforcement, civilian, or manufacturer's
personnel and shall be equivalent to the equipment use and
operations training included in the Speed Measuring Device
Operator Program developed by the National Highway Traffic
Safety Administration (NHTSA). The technician who performs

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the work shall keep accurate records on each piece of
equipment the technician calibrates and tests. As used in
this paragraph, "fully-trained reviewing technician" means
a person who has received at least 40 hours of supervised
training in subjects which shall include image inspection
and interpretation, the elements necessary to prove a
violation, license plate identification, and traffic
safety and management. In all municipalities and counties,
the automated speed enforcement system or 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 to pay any civil penalty imposed by a finding that
Section 11-208.6, 11-208.8, or 11-1201.1 or a similar local
ordinance has been violated. The original or a facsimile of
the violation notice or, in the case of a notice produced
by a computerized device, a printed record generated by the
device showing the facts entered on the notice, shall be
retained by the traffic compliance administrator, and
shall be a record kept in the ordinary course of business.
A parking, standing, compliance, automated speed
enforcement system, or automated traffic law violation
notice issued, signed and served in accordance with this
Section, a copy of the notice, or the computer generated
record shall be prima facie correct and shall be prima

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facie evidence of the correctness of the facts shown on the
notice. The notice, copy, or computer generated record
shall be admissible in any subsequent administrative or
legal proceedings.
(4) An opportunity for a hearing for the registered
owner of the vehicle cited in the parking, standing,
compliance, automated speed enforcement system, or
automated traffic law violation notice in which the owner
may contest the merits of the alleged violation, and during
which formal or technical rules of evidence shall not
apply; provided, however, that under Section 11-1306 of
this Code the lessee of a vehicle cited in the violation
notice likewise shall be provided an opportunity for a
hearing of the same kind afforded the registered owner. The
hearings shall be recorded, and the 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. Persons
appearing at a hearing under this Section may be
represented by counsel at their expense. The ordinance may
also provide for internal administrative review following
the decision of the hearing officer.
(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

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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 or subsection (p) of Section
11-208.6, or subsection (p) of Section 11-208.8 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 approved database. The service
shall be deemed complete as of the date of deposit in the
United States mail. The notices shall be in the following
sequence and shall include but not be limited to the
information specified herein:
(i) A second notice of parking, standing, or
compliance violation. This notice shall specify the
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.

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The notice of violation shall also state that failure
to complete a required traffic education program, 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 incomplete traffic
education program or any unpaid fine or penalty, or
both, will constitute a debt due and owing the
municipality or county.
(ii) A notice of final determination of parking,
standing, compliance, automated speed enforcement
system, or automated traffic law violation liability.
This notice shall be sent following a final
determination of parking, standing, compliance,
automated speed enforcement system, or automated
traffic law violation liability and the conclusion of
judicial review procedures taken under this Section.
The notice shall state that the incomplete traffic
education program or the unpaid fine or penalty, or
both, is a debt due and owing the municipality or
county. The notice shall contain warnings that failure

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to complete any required traffic education program or
to pay any fine or penalty due and owing the
municipality or county, or both, within the time
specified may result in the municipality's or county's
filing of a petition in the Circuit Court to have the
incomplete traffic education program or unpaid fine or
penalty, or both, rendered a judgment as provided by
this Section, or may result in suspension of the
person's drivers license for failure to complete a
traffic education program or to pay fines or penalties,
or both, for 10 or more parking violations under
Section 6-306.5, or a combination of 5 or more
automated traffic law violations under Section
11-208.6 or automated speed enforcement system
violations under Section 11-208.8.
(6) A notice of impending drivers license suspension.
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 combination of 5 or more
unpaid automated speed enforcement system or automated
traffic law violations. The notice shall state that failure
to complete a required traffic education program or to pay
the fine or penalty owing, or both, within 45 days of the
notice's date will result in the municipality or county
notifying the Secretary of State that the person is

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eligible for initiation of suspension proceedings under
Section 6-306.5 of this Code. The notice shall also state
that the person may obtain a photostatic copy of an
original ticket imposing a fine or penalty by sending a
self addressed, stamped envelope to the municipality or
county along with a request for the photostatic copy. The
notice of impending drivers license suspension shall be
sent by first class United States mail, postage prepaid, to
the address 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.
(7) Final determinations of violation liability. A
final determination of violation liability shall occur
following failure to complete the required traffic
education program or to pay the fine or penalty, or both,
after a hearing officer's determination of violation
liability and the exhaustion of or failure to exhaust any
administrative review procedures provided by ordinance.
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
of violation liability shall become final: (A) upon denial
of a timely petition to set aside that determination, or
(B) upon expiration of the period for filing the petition
without a filing having been made.

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(8) A petition to set aside a determination of parking,
standing, compliance, automated speed enforcement system,
or automated traffic law violation liability that may be
filed by a person owing an unpaid fine or penalty. A
petition to set aside a determination of liability may also
be filed by a person required to complete a traffic
education program. The petition shall be filed with and
ruled upon by the traffic compliance administrator in the
manner and within the time specified by ordinance. The
grounds for the petition may be limited to: (A) the person
not having been the owner or lessee of the cited vehicle on
the date the violation notice was issued, (B) the person
having already completed the required traffic education
program or paid the fine or penalty, or both, for the
violation in question, and (C) excusable failure to appear
at or request a new date for a hearing. With regard to
municipalities or counties with a population of 1 million
or more, it shall be grounds for dismissal of a parking
violation if the state registration number, or vehicle make
if specified, is incorrect. After the determination of
parking, standing, compliance, automated speed enforcement
system, or automated traffic law violation liability has
been set aside upon a showing of just cause, the registered
owner shall be provided with a hearing on the merits for
that violation.
(9) Procedures for non-residents. Procedures by which

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persons who are not residents of the municipality or county
may contest the merits of the alleged violation without
attending a hearing.
(10) A schedule of civil fines for violations of
vehicular standing, parking, compliance, automated speed
enforcement system, or automated traffic law regulations
enacted by ordinance pursuant to this Section, and a
schedule of penalties for late payment of the fines or
failure to complete required traffic education programs,
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.
(11) Other provisions as are necessary and proper to
carry into effect the powers granted and purposes stated in
this Section.
(c) Any municipality or county establishing vehicular
standing, parking, compliance, automated speed enforcement
system, or automated traffic law regulations under this Section
may also provide by ordinance for a program of vehicle
immobilization for the purpose of facilitating enforcement of
those regulations. The program of vehicle immobilization shall
provide for immobilizing any eligible vehicle upon the public
way by presence of a restraint in a manner to prevent operation
of the vehicle. Any ordinance establishing a program of vehicle
immobilization under this Section shall provide:

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(1) Criteria for the designation of vehicles eligible
for immobilization. A vehicle shall be eligible for
immobilization when the registered owner of the vehicle has
accumulated the number of incomplete traffic education
programs or unpaid final determinations of parking,
standing, compliance, automated speed enforcement system,
or automated traffic law violation liability, or both, as
determined by ordinance.
(2) A notice of impending vehicle immobilization and a
right to a hearing to challenge the validity of the notice
by disproving liability for the incomplete traffic
education programs or unpaid final determinations of
parking, standing, compliance, automated speed enforcement
system, or automated traffic law violation liability, or
both, listed on the notice.
(3) The right to a prompt hearing after a vehicle has
been immobilized or subsequently towed without the
completion of the required traffic education program or
payment of the outstanding fines and penalties on parking,
standing, compliance, automated speed enforcement system,
or automated traffic law violations, or both, for which
final determinations have been issued. An order issued
after the hearing is a final administrative decision within
the meaning of Section 3-101 of the Code of Civil
Procedure.
(4) A post immobilization and post-towing notice

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advising the registered owner of the vehicle of the right
to a hearing to challenge the validity of the impoundment.
(d) Judicial review of final determinations of parking,
standing, compliance, automated speed enforcement system, or
automated traffic law violations and final administrative
decisions issued after hearings regarding vehicle
immobilization and impoundment made under this Section shall be
subject to the provisions of the Administrative Review Law.
(e) Any fine, penalty, incomplete traffic education
program, 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 debt
due and owing the municipality or county and, as such, may be
collected in accordance with applicable law. Completion of any
required traffic education program and payment in full of any
fine or penalty resulting from a standing, parking, compliance,
automated speed enforcement system, or automated traffic law
violation shall constitute a final disposition of that
violation.
(f) After the expiration of the period within which
judicial review may be sought for a final determination of
parking, standing, compliance, automated speed enforcement
system, or automated traffic law violation, the municipality or
county may commence a proceeding in the Circuit Court for
purposes of obtaining a judgment on the final determination of

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violation. Nothing in this Section shall prevent a municipality
or county from consolidating multiple final determinations of
parking, standing, compliance, automated speed enforcement
system, or automated traffic law violations against a person in
a proceeding. Upon commencement of the action, the municipality
or county shall file a certified copy or record of the final
determination of parking, standing, compliance, automated
speed enforcement system, or automated traffic law violation,
which shall be accompanied by a certification that recites
facts sufficient to show that the final determination of
violation was issued in accordance with this Section and the
applicable municipal or county ordinance. 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, automated speed enforcement
system, or automated traffic law violations does not exceed
$2500. If the court is satisfied that the final determination
of parking, standing, compliance, automated speed enforcement
system, or automated traffic law violation was entered in
accordance with the requirements of this Section and the
applicable municipal or county ordinance, and that the
registered owner or the lessee, as the case may be, had an
opportunity for an administrative hearing and for judicial
review as provided in this Section, the court shall render

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judgment in favor of the municipality or county and against the
registered owner or the lessee for the amount indicated in the
final determination of parking, standing, compliance,
automated speed enforcement system, or automated traffic law
violation, plus costs. The judgment shall have the same effect
and may be enforced in the same manner as other judgments for
the recovery of money.
(g) The fee for participating in a traffic education
program under this Section shall not exceed $25.
A low-income individual required to complete a traffic
education program under this Section who provides proof of
eligibility for the federal earned income tax credit under
Section 32 of the Internal Revenue Code or the Illinois earned
income tax credit under Section 212 of the Illinois Income Tax
Act shall not be required to pay any fee for participating in a
required traffic education program.
(Source: P.A. 96-288, eff. 8-11-09; 96-478, eff. 1-1-10;
96-1000, eff. 7-2-10; 96-1016, eff. 1-1-11; 96-1386, eff.
7-29-10; 97-29, eff. 1-1-12; 97-333, eff. 8-12-11; 97-672, eff.
7-1-12.)
(625 ILCS 5/11-612)
Sec. 11-612. Certain systems to record vehicle speeds
prohibited. Except as authorized in the Automated Traffic
Control Systems in Highway Construction or Maintenance Zones
Act and Section 11-208.8 of this Code, no photographic, video,

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or other imaging system may be used in this State to record
vehicle speeds for the purpose of enforcing any law or
ordinance regarding a maximum or minimum speed limit unless a
law enforcement officer is present at the scene and witnesses
the event. No State or local governmental entity, including a
home rule county or municipality, may use such a system in a
way that is prohibited by this Section. The regulation of the
use of such systems is an exclusive power and function of the
State. This Section is a denial and limitation of home rule
powers and functions under subsection (h) of Section 6 of
Article VII of the Illinois Constitution.
(Source: P.A. 97-672, eff. 7-1-12.)
(625 ILCS 5/1-105.1 rep.)
(625 ILCS 5/11-208.6 rep.)
(625 ILCS 5/11-208.8 rep.)
Section 10. The Illinois Vehicle Code is amended by
repealing Sections 1-105.1, 11-208.6, and 11-208.8.".