Bill Text: IL SB2932 | 2013-2014 | 98th General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Illinois Vehicle Code. Prohibits a towing service from performing a removal of a commercial motor vehicle under that vehicle's own power without the authorization of a law enforcement officer. Effective July 1, 2015.
Spectrum: Bipartisan Bill
Status: (Failed) 2015-01-13 - Session Sine Die [SB2932 Detail]
Download: Illinois-2013-SB2932-Amended.html
Bill Title: Amends the Illinois Vehicle Code. Prohibits a towing service from performing a removal of a commercial motor vehicle under that vehicle's own power without the authorization of a law enforcement officer. Effective July 1, 2015.
Spectrum: Bipartisan Bill
Status: (Failed) 2015-01-13 - Session Sine Die [SB2932 Detail]
Download: Illinois-2013-SB2932-Amended.html
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1 | AMENDMENT TO SENATE BILL 2932
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2 | AMENDMENT NO. ______. Amend Senate Bill 2932 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Illinois Vehicle Code is amended by | ||||||
5 | changing Sections 4-203, 11-1431, 18a-300, and 18d-153 and by | ||||||
6 | adding Section 4-203.5 as follows:
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7 | (625 ILCS 5/4-203) (from Ch. 95 1/2, par. 4-203)
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8 | Sec. 4-203. Removal of motor vehicles or other vehicles; | ||||||
9 | Towing or
hauling away.
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10 | (a) When a vehicle is abandoned, or left unattended, on a | ||||||
11 | toll
highway, interstate highway, or expressway for 2 hours or | ||||||
12 | more, its
removal by a towing service may be authorized by a | ||||||
13 | law enforcement
agency having jurisdiction.
| ||||||
14 | (b) When a vehicle is abandoned on a highway in an urban | ||||||
15 | district 10
hours or more, its removal by a towing service may | ||||||
16 | be authorized by a
law enforcement agency having jurisdiction.
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1 | (c) When a vehicle is abandoned or left unattended on a | ||||||
2 | highway
other than a toll highway, interstate highway, or | ||||||
3 | expressway, outside of
an urban district for 24 hours or more, | ||||||
4 | its removal by a towing service
may be authorized by a law | ||||||
5 | enforcement agency having jurisdiction.
| ||||||
6 | (d) When an abandoned, unattended, wrecked, burned or | ||||||
7 | partially
dismantled vehicle is creating a traffic hazard | ||||||
8 | because of its position
in relation to the highway or its | ||||||
9 | physical appearance is causing the
impeding of traffic, its | ||||||
10 | immediate removal from the highway or private
property adjacent | ||||||
11 | to the highway by a towing service may be authorized
by a law | ||||||
12 | enforcement agency having jurisdiction.
| ||||||
13 | (e) Whenever a
peace officer reasonably believes that a | ||||||
14 | person under
arrest for a violation of Section 11-501 of this | ||||||
15 | Code or a similar
provision of a local ordinance is likely, | ||||||
16 | upon release, to commit a
subsequent violation of Section | ||||||
17 | 11-501, or a similar provision of a local
ordinance, the | ||||||
18 | arresting officer shall have the vehicle which the person
was | ||||||
19 | operating at the time of the arrest impounded for a period of | ||||||
20 | not more
than 12 hours after the time of arrest. However, such | ||||||
21 | vehicle may be
released by the arresting law enforcement agency | ||||||
22 | prior to the end of the
impoundment period if:
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23 | (1) the vehicle was not owned by the person under | ||||||
24 | arrest, and the lawful
owner requesting such release | ||||||
25 | possesses a valid operator's license, proof
of ownership, | ||||||
26 | and would not, as determined by the arresting law |
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1 | enforcement
agency, indicate a lack of ability to operate a | ||||||
2 | motor vehicle in a safe
manner, or who would otherwise, by | ||||||
3 | operating such motor vehicle, be in
violation of this Code; | ||||||
4 | or
| ||||||
5 | (2) the vehicle is owned by the person under arrest, | ||||||
6 | and the person
under arrest gives permission to another | ||||||
7 | person to operate such vehicle,
provided however, that the | ||||||
8 | other person possesses a valid operator's license
and would | ||||||
9 | not, as determined by the arresting law enforcement
agency, | ||||||
10 | indicate a lack of ability to operate a motor vehicle in a | ||||||
11 | safe
manner or who would otherwise, by operating such motor | ||||||
12 | vehicle, be in
violation of this Code.
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13 | (e-5) Whenever a registered owner of a vehicle is taken | ||||||
14 | into custody for
operating the vehicle in violation of Section | ||||||
15 | 11-501 of this Code or a similar
provision of a local ordinance | ||||||
16 | or Section 6-303 of this Code, a
law enforcement officer
may | ||||||
17 | have the vehicle immediately impounded for a period not less | ||||||
18 | than:
| ||||||
19 | (1) 24 hours for a second violation of Section 11-501 | ||||||
20 | of this Code or a
similar provision of a local ordinance or | ||||||
21 | Section 6-303
of
this Code or a combination of these | ||||||
22 | offenses; or
| ||||||
23 | (2) 48 hours for a third violation of Section 11-501 of | ||||||
24 | this Code or a
similar provision of a local ordinance or | ||||||
25 | Section 6-303 of this
Code or a combination of these | ||||||
26 | offenses.
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1 | The vehicle may be released sooner if the vehicle is owned | ||||||
2 | by the person
under arrest and the person under arrest gives | ||||||
3 | permission to another person to
operate the vehicle and that | ||||||
4 | other person possesses a valid operator's license
and would | ||||||
5 | not, as determined by the arresting law enforcement agency, | ||||||
6 | indicate
a lack of ability to operate a motor vehicle in a safe | ||||||
7 | manner or would
otherwise, by operating the motor vehicle, be | ||||||
8 | in violation of this Code.
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9 | (f) Except as provided in Chapter 18a of this Code, the | ||||||
10 | owner or
lessor of privately owned real property within this | ||||||
11 | State, or any person
authorized by such owner or lessor, or any | ||||||
12 | law enforcement agency in the
case of publicly owned real | ||||||
13 | property may cause any motor vehicle abandoned
or left | ||||||
14 | unattended upon such property without permission to be removed | ||||||
15 | by a
towing service without liability for the costs of removal, | ||||||
16 | transportation
or storage or damage caused by such removal, | ||||||
17 | transportation or storage.
The towing or removal of any vehicle | ||||||
18 | from private property without the
consent of the registered | ||||||
19 | owner or other legally authorized person in
control of the | ||||||
20 | vehicle is subject to compliance with the following
conditions | ||||||
21 | and restrictions:
| ||||||
22 | 1. Any towed or removed vehicle must be stored at the | ||||||
23 | site of the towing
service's place of business. The site | ||||||
24 | must be open during business hours,
and for the purpose of | ||||||
25 | redemption of vehicles, during the time that the
person or | ||||||
26 | firm towing such vehicle is open for towing purposes.
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1 | 2. The towing service shall within 30 minutes of | ||||||
2 | completion of such
towing or removal, notify the law | ||||||
3 | enforcement agency having jurisdiction of
such towing or | ||||||
4 | removal, and the make, model, color and license plate | ||||||
5 | number
of the vehicle, and shall obtain and record the name | ||||||
6 | of the person at the law
enforcement agency to whom such | ||||||
7 | information was reported.
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8 | 3. If the registered owner or legally authorized person | ||||||
9 | entitled to
possession of the vehicle shall arrive at the | ||||||
10 | scene prior to actual removal
or towing of the vehicle, the | ||||||
11 | vehicle shall be disconnected from the tow
truck and that | ||||||
12 | person shall be allowed to remove the vehicle without
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13 | interference, upon the payment of a reasonable service fee | ||||||
14 | of not more than
one half the posted rate of the towing | ||||||
15 | service as provided in paragraph
6 of this subsection, for | ||||||
16 | which a receipt shall be given.
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17 | 4. The rebate or payment of money or any other valuable | ||||||
18 | consideration
from the towing service or its owners, | ||||||
19 | managers or employees to the owners
or operators of the | ||||||
20 | premises from which the vehicles are towed or removed,
for | ||||||
21 | the privilege of removing or towing those vehicles, is | ||||||
22 | prohibited. Any
individual who violates this paragraph | ||||||
23 | shall be guilty of a Class A
misdemeanor.
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24 | 5. Except for property appurtenant to and obviously a | ||||||
25 | part of a single
family residence, and except for instances | ||||||
26 | where notice is personally given
to the owner or other |
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1 | legally authorized person in control of the vehicle
that | ||||||
2 | the area in which that vehicle is parked is reserved or | ||||||
3 | otherwise
unavailable to unauthorized vehicles and they | ||||||
4 | are subject to being removed
at the owner or operator's | ||||||
5 | expense, any property owner or lessor, prior to
towing or | ||||||
6 | removing any vehicle from private property without the | ||||||
7 | consent of
the owner or other legally authorized person in | ||||||
8 | control of that vehicle,
must post a notice meeting the | ||||||
9 | following requirements:
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10 | a. Except as otherwise provided in subparagraph | ||||||
11 | a.1 of this subdivision (f)5, the notice must be | ||||||
12 | prominently placed at each driveway access or curb
cut | ||||||
13 | allowing vehicular access to the property within 5 feet | ||||||
14 | from the public
right-of-way line. If there are no | ||||||
15 | curbs or access barriers, the sign must
be posted not | ||||||
16 | less than one sign each 100 feet of lot frontage.
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17 | a.1. In a municipality with a population of less | ||||||
18 | than 250,000, as an alternative to the requirement of | ||||||
19 | subparagraph a of this subdivision (f)5, the notice for | ||||||
20 | a parking lot contained within property used solely for | ||||||
21 | a 2-family, 3-family, or 4-family residence may be | ||||||
22 | prominently placed at the perimeter of the parking lot, | ||||||
23 | in a position where the notice is visible to the | ||||||
24 | occupants of vehicles entering the lot.
| ||||||
25 | b. The notice must indicate clearly, in not less | ||||||
26 | than 2 inch high
light-reflective letters on a |
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1 | contrasting background, that unauthorized
vehicles | ||||||
2 | will be towed away at the owner's expense.
| ||||||
3 | c. The notice must also provide the name and | ||||||
4 | current telephone
number of the towing service towing | ||||||
5 | or removing the vehicle.
| ||||||
6 | d. The sign structure containing the required | ||||||
7 | notices must be
permanently installed with the bottom | ||||||
8 | of the sign not less than 4 feet
above ground level, | ||||||
9 | and must be continuously maintained on the property for
| ||||||
10 | not less than 24 hours prior to the towing or removing | ||||||
11 | of any vehicle.
| ||||||
12 | 6. Any towing service that tows or removes vehicles and | ||||||
13 | proposes to
require the owner, operator, or person in | ||||||
14 | control of the vehicle to pay the
costs of towing and | ||||||
15 | storage prior to redemption of the vehicle must file
and | ||||||
16 | keep on record with the local law enforcement agency a | ||||||
17 | complete copy of
the current rates to be charged for such | ||||||
18 | services, and post at the storage
site an identical rate | ||||||
19 | schedule and any written contracts with property
owners, | ||||||
20 | lessors, or persons in control of property which authorize | ||||||
21 | them to
remove vehicles as provided in this Section.
The | ||||||
22 | towing and storage charges, however, shall not exceed the | ||||||
23 | maximum allowed by the Illinois Commerce Commission under | ||||||
24 | Section 18a-200.
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25 | 7. No person shall engage in the removal of vehicles | ||||||
26 | from private
property as described in this Section without |
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1 | filing a notice of intent
in each community where he | ||||||
2 | intends to do such removal, and such
notice shall be filed | ||||||
3 | at least 7 days before commencing such towing.
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4 | 8. No removal of a vehicle from private property shall | ||||||
5 | be done except
upon express written instructions of the | ||||||
6 | owners or persons in charge of the
private property upon | ||||||
7 | which the vehicle is said to be trespassing.
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8 | 9. Vehicle entry for the purpose of removal shall be | ||||||
9 | allowed with
reasonable care on the part of the person or | ||||||
10 | firm towing the vehicle. Such
person or firm shall be | ||||||
11 | liable for any damages occasioned to the vehicle if
such | ||||||
12 | entry is not in accordance with the standards of reasonable | ||||||
13 | care.
| ||||||
14 | 9.5. Except as authorized by a law enforcement officer, | ||||||
15 | no towing service shall engage in the removal of a | ||||||
16 | commercial motor vehicle that requires a commercial | ||||||
17 | driver's license to operate by operating the vehicle under | ||||||
18 | its own power on a highway. | ||||||
19 | 10. When a vehicle has been towed or removed pursuant | ||||||
20 | to this Section,
it must be released to its owner or | ||||||
21 | custodian within one half hour after
requested, if such | ||||||
22 | request is made during business hours. Any vehicle owner
or | ||||||
23 | custodian or agent shall have the right to inspect the | ||||||
24 | vehicle before
accepting its return, and no release or | ||||||
25 | waiver of any kind which would
release the towing service | ||||||
26 | from liability for damages incurred during the
towing and |
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1 | storage may be required from any vehicle owner or other | ||||||
2 | legally
authorized person as a condition of release of the | ||||||
3 | vehicle. A detailed,
signed receipt showing the legal name | ||||||
4 | of the towing service must be given
to the person paying | ||||||
5 | towing or storage charges at the time of payment,
whether | ||||||
6 | requested or not.
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7 | This Section shall not apply to law enforcement, | ||||||
8 | firefighting, rescue,
ambulance, or other emergency vehicles | ||||||
9 | which are marked as such or to
property owned by any | ||||||
10 | governmental entity.
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11 | When an authorized person improperly causes a motor vehicle | ||||||
12 | to be
removed, such person shall be liable to the owner or | ||||||
13 | lessee of the vehicle
for the cost or removal, transportation | ||||||
14 | and storage, any damages resulting
from the removal, | ||||||
15 | transportation and storage, attorney's fee and court costs.
| ||||||
16 | Any towing or storage charges accrued shall be payable by | ||||||
17 | the use of any
major credit card, in addition to being payable | ||||||
18 | in cash.
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19 | 11. Towing companies shall also provide insurance | ||||||
20 | coverage for areas
where vehicles towed under the | ||||||
21 | provisions of this Chapter will be impounded
or otherwise | ||||||
22 | stored, and shall adequately cover loss by fire, theft or
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23 | other risks.
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24 | Any person who fails to comply with the conditions and | ||||||
25 | restrictions of
this subsection shall be guilty of a Class C | ||||||
26 | misdemeanor and shall be fined
not less than $100 nor more than |
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1 | $500.
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2 | (g)(1) When a vehicle is determined to be a hazardous | ||||||
3 | dilapidated
motor
vehicle pursuant to Section 11-40-3.1 of the | ||||||
4 | Illinois Municipal Code or Section 5-12002.1 of the Counties | ||||||
5 | Code, its
removal and impoundment by a towing service may be | ||||||
6 | authorized by a law
enforcement agency with appropriate | ||||||
7 | jurisdiction.
| ||||||
8 | (2) When a vehicle removal from either public or private | ||||||
9 | property is
authorized by a law enforcement agency, the owner | ||||||
10 | of the vehicle shall be
responsible for all towing and storage | ||||||
11 | charges.
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12 | (3) Vehicles removed from public or private property and
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13 | stored by a commercial vehicle relocator or any other towing | ||||||
14 | service authorized by a law enforcement agency in
compliance | ||||||
15 | with this Section and Sections 4-201 and 4-202
of this Code, or | ||||||
16 | at the request of the vehicle owner or operator,
shall
be | ||||||
17 | subject to a possessor lien for services
pursuant to the Labor | ||||||
18 | and Storage Lien (Small Amount) Act. The provisions of Section | ||||||
19 | 1 of that Act relating to notice
and implied consent shall be | ||||||
20 | deemed satisfied by compliance with Section
18a-302 and | ||||||
21 | subsection (6) of Section 18a-300. In no event shall such lien
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22 | be greater than the rate or rates established in accordance | ||||||
23 | with subsection
(6) of Section 18a-200 of this Code. In no | ||||||
24 | event shall such lien be
increased or altered to reflect any | ||||||
25 | charge for services or materials
rendered in addition to those | ||||||
26 | authorized by this Act. Every such lien
shall be payable by use |
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1 | of any major credit card, in addition to being
payable in cash.
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2 | (4) Any personal property belonging to the vehicle owner in | ||||||
3 | a vehicle subject to a lien under this
subsection
(g) shall | ||||||
4 | likewise be subject to that lien, excepting only:
child | ||||||
5 | restraint systems as defined in Section 4 of the Child | ||||||
6 | Passenger Protection Act and other child booster seats; | ||||||
7 | eyeglasses; food; medicine; perishable property; any | ||||||
8 | operator's licenses; any cash, credit
cards, or checks or | ||||||
9 | checkbooks; any wallet, purse, or other property
containing any | ||||||
10 | operator's license or other identifying documents or | ||||||
11 | materials,
cash, credit cards, checks, or checkbooks; and any | ||||||
12 | personal property belonging to a person other than the vehicle | ||||||
13 | owner if that person provides adequate proof that the personal | ||||||
14 | property belongs to that person. The spouse, child, mother, | ||||||
15 | father, brother, or sister of the vehicle owner may claim | ||||||
16 | personal property excepted under this paragraph (4) if the | ||||||
17 | person claiming the personal property provides the commercial | ||||||
18 | vehicle relocator or towing service with the authorization of | ||||||
19 | the vehicle owner. | ||||||
20 | (5) This paragraph (5) applies only in the case of a | ||||||
21 | vehicle that is towed as a result of being involved in an | ||||||
22 | accident. In addition to the personal property excepted under | ||||||
23 | paragraph (4), all other personal property in a vehicle subject | ||||||
24 | to a lien under this subsection (g) is exempt from that lien | ||||||
25 | and may be claimed by the vehicle owner if the vehicle owner | ||||||
26 | provides the commercial vehicle relocator or towing service |
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1 | with proof that the vehicle owner has an insurance policy | ||||||
2 | covering towing and storage fees. The spouse, child, mother, | ||||||
3 | father, brother, or sister of the vehicle owner may claim | ||||||
4 | personal property in a vehicle subject to a lien under this | ||||||
5 | subsection (g) if the person claiming the personal property | ||||||
6 | provides the commercial vehicle relocator or towing service | ||||||
7 | with the authorization of the vehicle owner and proof that the | ||||||
8 | vehicle owner has an insurance policy covering towing and | ||||||
9 | storage fees. The regulation of liens on personal property and | ||||||
10 | exceptions to those liens in the case of vehicles towed as a | ||||||
11 | result of being involved in an accident are
exclusive powers | ||||||
12 | and functions of the State. A home
rule unit may not regulate | ||||||
13 | liens on personal property and exceptions to those liens in the | ||||||
14 | case of vehicles towed as a result of being involved in an | ||||||
15 | accident. This paragraph (5) is a denial and
limitation of home | ||||||
16 | rule powers and functions under
subsection (h) of Section 6 of | ||||||
17 | Article VII of the
Illinois Constitution. | ||||||
18 | (6) No lien under this subsection (g) shall:
exceed $2,000 | ||||||
19 | in its total amount; or
be increased or altered to reflect any | ||||||
20 | charge for services or
materials rendered in addition to those | ||||||
21 | authorized by this Act.
| ||||||
22 | (h) Whenever a peace officer issues a citation to a driver | ||||||
23 | for a violation of subsection (a) of Section 11-506 of this | ||||||
24 | Code, the arresting officer may have the vehicle which the | ||||||
25 | person was operating at the time of the arrest impounded for a | ||||||
26 | period of 5 days after the time of arrest.
An impounding agency |
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| |||||||
1 | shall release a motor vehicle impounded under this subsection | ||||||
2 | (h) to the registered owner of the vehicle under any of the | ||||||
3 | following circumstances: | ||||||
4 | (1) If the vehicle is a stolen vehicle; or | ||||||
5 | (2) If the person ticketed for a violation of | ||||||
6 | subsection (a) of Section 11-506 of this Code was not | ||||||
7 | authorized by the registered owner of the vehicle to | ||||||
8 | operate the vehicle at the time of the violation; or | ||||||
9 | (3) If the registered owner of the vehicle was neither | ||||||
10 | the driver nor a passenger in the vehicle at the time of | ||||||
11 | the violation or was unaware that the driver was using the | ||||||
12 | vehicle to engage in street racing; or | ||||||
13 | (4) If the legal owner or registered owner of the | ||||||
14 | vehicle is a rental car agency; or | ||||||
15 | (5) If, prior to the expiration of the impoundment | ||||||
16 | period specified above, the citation is dismissed or the | ||||||
17 | defendant is found not guilty of the offense.
| ||||||
18 | (i) Except for vehicles exempted under subsection (b) of | ||||||
19 | Section 7-601 of this Code, whenever a law enforcement officer | ||||||
20 | issues a citation to a driver for a violation of Section 3-707 | ||||||
21 | of this Code, and the driver has a prior conviction for a | ||||||
22 | violation of Section 3-707 of this Code in the past 12 months, | ||||||
23 | the arresting officer shall authorize the removal and | ||||||
24 | impoundment of the vehicle by a towing service. | ||||||
25 | (Source: P.A. 96-1274, eff. 7-26-10; 96-1506, eff. 1-27-11; | ||||||
26 | 97-779, eff. 7-13-12.)
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1 | (625 ILCS 5/4-203.5 new) | ||||||
2 | Sec. 4-203.5. Tow rotation list. | ||||||
3 | (a) Each law enforcement agency whose duties include the | ||||||
4 | patrol of highways in this State shall maintain a tow rotation | ||||||
5 | list which shall be used by law enforcement officers | ||||||
6 | authorizing the tow of a vehicle within the jurisdiction of the | ||||||
7 | law enforcement agency. To ensure adequate response time, a law | ||||||
8 | enforcement agency may maintain multiple tow rotation lists, | ||||||
9 | with each tow rotation list covering tows authorized in | ||||||
10 | different geographic locations within the jurisdiction of the | ||||||
11 | law enforcement agency. A towing service may be included on | ||||||
12 | more than one tow rotation list. | ||||||
13 | (b) Any towing service operating within the jurisdiction of | ||||||
14 | a law enforcement agency may submit an application in a form | ||||||
15 | and manner prescribed by the law enforcement agency for | ||||||
16 | inclusion on the law enforcement agency's tow rotation list. | ||||||
17 | The towing service does not need to be located within the | ||||||
18 | jurisdiction of the law enforcement agency. To be included on a | ||||||
19 | tow rotation list the towing service must meet the following | ||||||
20 | requirements: | ||||||
21 | (1) possess a license permitting the towing service to | ||||||
22 | operate in every unit of local government in the law | ||||||
23 | enforcement agency's jurisdiction that requires a license | ||||||
24 | for the operation of a towing service; | ||||||
25 | (2) if required by the law enforcement agency for |
| |||||||
| |||||||
1 | inclusion on that law enforcement agency's tow rotation | ||||||
2 | list, each owner of the towing service and each person | ||||||
3 | operating a vehicle on behalf of the towing service shall | ||||||
4 | submit his or her fingerprints to the Department of State | ||||||
5 | Police in the form and manner prescribed by the Department | ||||||
6 | of State Police. These fingerprints should be transmitted | ||||||
7 | through a live scan fingerprint vendor licensed by the | ||||||
8 | Illinois Department of Financial and Professional | ||||||
9 | Regulation. These fingerprints shall be checked against | ||||||
10 | the fingerprint records now and hereafter filed in the | ||||||
11 | Department of State Police and Federal Bureau of | ||||||
12 | Investigation criminal history records databases. The | ||||||
13 | Department of State Police shall charge a fee for | ||||||
14 | conducting the criminal history record check, which shall | ||||||
15 | be deposited in the State Police Services Fund and shall | ||||||
16 | not exceed the actual cost of the State and national | ||||||
17 | criminal history record check. The Department of State | ||||||
18 | Police shall furnish, pursuant to positive identification, | ||||||
19 | all Illinois conviction information to the law enforcement | ||||||
20 | agency maintaining the tow rotation list and shall forward | ||||||
21 | the national criminal history record information to the law | ||||||
22 | enforcement agency maintaining the tow rotation list. A | ||||||
23 | person may not own a towing service or operate a vehicle on | ||||||
24 | behalf of a towing service included on a tow rotation list | ||||||
25 | if that person has been convicted during the 5 years | ||||||
26 | preceding the application of a criminal offense involving |
| |||||||
| |||||||
1 | one or more of the following: | ||||||
2 | (A) bodily injury or attempt to inflict bodily | ||||||
3 | injury to another person; | ||||||
4 | (B) theft of property or attempted theft of | ||||||
5 | property; or | ||||||
6 | (C) sexual assault or attempted sexual assault of | ||||||
7 | any kind. | ||||||
8 | (3) each person operating a vehicle on behalf of the | ||||||
9 | towing service must be classified for the type of towing | ||||||
10 | operation he or she shall be performing and the vehicle he | ||||||
11 | or she shall be operating; | ||||||
12 | (4) possess and maintain the following insurance in | ||||||
13 | addition to any other insurance required by law: | ||||||
14 | (A) comprehensive automobile liability insurance | ||||||
15 | with a minimum combined single limit coverage of | ||||||
16 | $1,000,000; | ||||||
17 | (B) commercial general liability insurance with | ||||||
18 | limits of not less than $1,000,000 per occurrence, | ||||||
19 | $100,000 minimum on-hook coverage, and garage keepers | ||||||
20 | legal liability and cargo; and | ||||||
21 | (C) a worker's compensation policy covering every | ||||||
22 | person operating a tow truck on behalf of the towing | ||||||
23 | service, if required under current law; | ||||||
24 | (5) possess a secure parking lot used for short-term | ||||||
25 | vehicle storage after a vehicle is towed that is open | ||||||
26 | during business hours and is equipped with security |
| |||||||
| |||||||
1 | features as required by the law enforcement agency; | ||||||
2 | (6) utilize only vehicles that possess a valid vehicle | ||||||
3 | registration, display a valid Illinois license plate in | ||||||
4 | accordance with Section 5-202 of this Code, and comply with | ||||||
5 | the weight requirements of this Code; | ||||||
6 | (7) every person operating a towing or recovery vehicle | ||||||
7 | on behalf of the towing service must have completed a | ||||||
8 | Traffic Incident Management Training Program approved by | ||||||
9 | the Department of Transportation; | ||||||
10 | (8) hold a valid authority issued to it by the Illinois | ||||||
11 | Commerce Commission; | ||||||
12 | (9) comply with all other applicable federal, State, | ||||||
13 | and local laws; and | ||||||
14 | (10) comply with any additional requirements the | ||||||
15 | applicable law enforcement agency deems necessary. | ||||||
16 | The law enforcement agency may select which towing services | ||||||
17 | meeting the requirements of this subsection (b) shall be | ||||||
18 | included on a tow rotation list. The law enforcement agency may | ||||||
19 | choose to have one towing service on its tow rotation list. | ||||||
20 | Complaints regarding the process for inclusion on a tow | ||||||
21 | rotation list or the use of a tow rotation list may be referred | ||||||
22 | in writing to the head of the law enforcement agency | ||||||
23 | administering that tow rotation list. The head of the law | ||||||
24 | enforcement agency shall make the final determination as to | ||||||
25 | which qualified towing services shall be included on a tow | ||||||
26 | rotation list, and shall not be held liable for the exclusion |
| |||||||
| |||||||
1 | of any towing service from a tow rotation list. | ||||||
2 | (c) Whenever a law enforcement officer initiates a tow of a | ||||||
3 | vehicle, the officer shall contact his or her law enforcement | ||||||
4 | agency and inform the agency that a tow has been authorized. | ||||||
5 | The law enforcement agency shall then select a towing service | ||||||
6 | from the law enforcement agency's tow rotation list | ||||||
7 | corresponding to the geographical area where the tow was | ||||||
8 | authorized, and shall contact that towing service directly by | ||||||
9 | phone, computer, or similar means. Towing services shall be | ||||||
10 | contacted in the order listed on the appropriate tow rotation | ||||||
11 | list, at which point the towing service shall be placed at the | ||||||
12 | end of that tow rotation list. In the event a listed towing | ||||||
13 | service is not available, the next listed towing service on | ||||||
14 | that tow rotation list shall be contacted. | ||||||
15 | (d) A law enforcement agency may deviate from the order | ||||||
16 | listed on a tow rotation list if the towing service next on | ||||||
17 | that tow rotation list is, in the judgment of the authorizing | ||||||
18 | officer or the law enforcement agency making the selection, | ||||||
19 | incapable of or not properly equipped for handling a specific | ||||||
20 | task related to the tow that requires special skills or | ||||||
21 | equipment. A deviation from the order listed on the tow | ||||||
22 | rotation list for this reason shall not cause a loss of | ||||||
23 | rotation turn by the towing service determined to be incapable | ||||||
24 | or not properly equipped for handling the request. | ||||||
25 | (e) In the event of an emergency a law enforcement officer | ||||||
26 | or agency, taking into account the safety and location of the |
| |||||||
| |||||||
1 | situation, may deviate from the order of the tow rotation list | ||||||
2 | and obtain towing service from any source deemed appropriate. | ||||||
3 | (f) If the owner or operator of a disabled vehicle is | ||||||
4 | present at the scene of the disabled vehicle, is not under | ||||||
5 | arrest, and does not abandon his or her vehicle, and in the law | ||||||
6 | enforcement officer's opinion the disabled vehicle is not | ||||||
7 | impeding or obstructing traffic, illegally parked, or posing a | ||||||
8 | security or safety risk, the law enforcement officer shall | ||||||
9 | allow the owner of the vehicle to specify a towing service to | ||||||
10 | relocate the disabled vehicle. If the owner chooses not to | ||||||
11 | specify a towing service, the law enforcement agency shall | ||||||
12 | select a towing service for the vehicle as provided in | ||||||
13 | subsection (c) of this Section. | ||||||
14 | (g) If a tow operator is present or arrives where a tow is | ||||||
15 | needed and it has not been requested by the law enforcement | ||||||
16 | agency or the owner or operator, the law enforcement officer, | ||||||
17 | unless acting under Section 11-1431 of this Code, shall advise | ||||||
18 | the tow operator to leave the scene. | ||||||
19 | (h) A law enforcement agency whose jurisdiction is limited | ||||||
20 | to a municipality with a population of over 1,000,000 may work | ||||||
21 | with a municipal agency to establish, maintain, and enforce | ||||||
22 | that law enforcement agency's tow rotation list.
| ||||||
23 | (625 ILCS 5/11-1431) | ||||||
24 | Sec. 11-1431. Solicitations at accident or disablement | ||||||
25 | scene prohibited. |
| |||||||
| |||||||
1 | (a) A tower, as defined by Section 1-205.2 of this Code, or | ||||||
2 | an employee or agent of a tower may not: (i) stop at the scene | ||||||
3 | of a motor vehicle accident or at or near a damaged or disabled | ||||||
4 | vehicle for the purpose of soliciting the owner or operator of | ||||||
5 | the damaged or disabled vehicle to enter into a towing service | ||||||
6 | transaction; or (ii) stop at the scene of an accident or at or | ||||||
7 | near a damaged or disabled vehicle unless called to the | ||||||
8 | location by a law enforcement officer, the Illinois Department | ||||||
9 | of Transportation, the Illinois State Toll Highway Authority, a | ||||||
10 | local agency having jurisdiction over the highway, or the
owner | ||||||
11 | or operator of the damaged or disabled vehicle. This Section | ||||||
12 | shall not apply to employees of the Department, the Illinois | ||||||
13 | State Toll Highway Authority, or local agencies when engaged in | ||||||
14 | their official duties. Nothing in this Section shall prevent a | ||||||
15 | tower from stopping at the scene of a motor vehicle accident or | ||||||
16 | at or near a
damaged or disabled vehicle if the owner or | ||||||
17 | operator signals the tower for assistance from the location of | ||||||
18 | the motor vehicle accident or damaged or disabled vehicle.
| ||||||
19 | (b) A person who violates this Section is guilty of a | ||||||
20 | business offense and shall be required to pay a fine of more | ||||||
21 | than $500, but not more than $1000. A person convicted of | ||||||
22 | violating this Section shall also have his or her driver's | ||||||
23 | license, permit, or privileges suspended for 3 months. After | ||||||
24 | the expiration of the 3 month suspension, the person's driver's | ||||||
25 | license, permit, or privileges shall not be reinstated until he | ||||||
26 | or she has paid a reinstatement fee of $100. If a person |
| |||||||
| |||||||
1 | violates this Section while his or her driver's license, | ||||||
2 | permit, or privileges are suspended under this subsection (b), | ||||||
3 | his or her driver's license, permit, or privileges shall be | ||||||
4 | suspended for an additional 6 months, and shall not be | ||||||
5 | reinstated after the expiration of the 6 month suspension until | ||||||
6 | he or she pays a reinstatement fee of $100. | ||||||
7 | (Source: P.A. 96-1376, eff. 7-29-10.)
| ||||||
8 | (625 ILCS 5/18a-300) (from Ch. 95 1/2, par. 18a-300)
| ||||||
9 | Sec. 18a-300. Commercial vehicle relocators - Unlawful | ||||||
10 | practices. It
shall be unlawful for any commercial vehicle | ||||||
11 | relocator:
| ||||||
12 | (1) To operate in any county in which this Chapter is | ||||||
13 | applicable
without a valid, current relocator's license as | ||||||
14 | provided in Article IV
of this Chapter;
| ||||||
15 | (2) To employ as an operator, or otherwise so use the | ||||||
16 | services of,
any person who does not have at the | ||||||
17 | commencement of employment or
service, or at any time | ||||||
18 | during the course of employment or service, a
valid, | ||||||
19 | current operator's employment permit, or temporary | ||||||
20 | operator's
employment permit issued in accordance with | ||||||
21 | Sections 18a-403 or 18a-405
of this Chapter; or to fail to | ||||||
22 | notify the Commission, in writing, of any
known criminal | ||||||
23 | conviction of any employee occurring at any time before
or | ||||||
24 | during the course of employment or service;
| ||||||
25 | (3) To employ as a dispatcher, or otherwise so use the |
| |||||||
| |||||||
1 | services of, any
person who does not have at the | ||||||
2 | commencement of employment or service, or
at any time | ||||||
3 | during the course of employment or service, a valid, | ||||||
4 | current
dispatcher's or operator's employment permit or | ||||||
5 | temporary dispatcher's or
operator's employment permit | ||||||
6 | issued in accordance with Sections 18a-403 or
18a-407 of | ||||||
7 | this Chapter; or to fail to notify the Commission, in | ||||||
8 | writing,
of any known criminal conviction of any employee | ||||||
9 | occurring at any time
before or during the course of | ||||||
10 | employment or service;
| ||||||
11 | (4) To operate upon the highways of this State any | ||||||
12 | vehicle used in
connection with any commercial vehicle | ||||||
13 | relocation service unless:
| ||||||
14 |
(A) There is painted or firmly affixed to the | ||||||
15 | vehicle on both sides of the
vehicle in a color or | ||||||
16 | colors vividly contrasting to the color of the vehicle
| ||||||
17 | the name, address and telephone number of the | ||||||
18 | relocator.
The Commission shall prescribe reasonable | ||||||
19 | rules and regulations
pertaining to insignia to be | ||||||
20 | painted or firmly affixed to vehicles and
shall waive | ||||||
21 | the requirements of the address on any vehicle in cases
| ||||||
22 | where the operator of a vehicle has painted or | ||||||
23 | otherwise firmly affixed
to the vehicle a seal or trade | ||||||
24 | mark that clearly identifies the
operator of the | ||||||
25 | vehicle; and
| ||||||
26 |
(B) There is carried in the power unit of the |
| |||||||
| |||||||
1 | vehicle a certified
copy of the currently effective | ||||||
2 | relocator's license and operator's
employment permit. | ||||||
3 | Copies may be photographed, photocopied, or reproduced
| ||||||
4 | or printed by any other legible and durable process. | ||||||
5 | Any person guilty of
not causing to be displayed a copy | ||||||
6 | of his relocator's license and
operator's employment | ||||||
7 | permit may in any hearing concerning the violation
be | ||||||
8 | excused from the payment of the penalty hereinafter | ||||||
9 | provided upon a
showing that the license was issued by | ||||||
10 | the Commission, but was
subsequently lost or | ||||||
11 | destroyed;
| ||||||
12 | (5) To operate upon the highways of this State any | ||||||
13 | vehicle used in
connection with any commercial vehicle | ||||||
14 | relocation service that bears the
name or address and | ||||||
15 | telephone number of any person or entity other than
the | ||||||
16 | relocator by which it is owned or to which it is leased;
| ||||||
17 | (6) To advertise in any newspaper, book, list, | ||||||
18 | classified directory
or other publication unless there is | ||||||
19 | contained in the advertisement the
license number of the | ||||||
20 | relocator;
| ||||||
21 | (7) To remove any vehicle from private property without | ||||||
22 | having first
obtained the written authorization of the | ||||||
23 | property owner or other person
in lawful possession or | ||||||
24 | control of the property, his authorized agent,
or an | ||||||
25 | authorized law enforcement officer. The authorization may | ||||||
26 | be on
a contractual basis covering a period of time or |
| |||||||
| |||||||
1 | limited to a specific
removal;
| ||||||
2 | (8) To charge the private property owner, who requested | ||||||
3 | that an
unauthorized vehicle be removed from his property, | ||||||
4 | with the costs of
removing the vehicle contrary to any | ||||||
5 | terms that may be a part of the
contract between the | ||||||
6 | property owner and the commercial relocator.
Nothing in | ||||||
7 | this paragraph shall prevent a relocator from assessing,
| ||||||
8 | collecting, or receiving from the property owner, lessee, | ||||||
9 | or their agents
any fee prescribed by the Commission;
| ||||||
10 | (9) To remove a vehicle when the owner or operator of | ||||||
11 | the vehicle
is present or arrives at the vehicle location | ||||||
12 | at any time prior to the
completion of removal, and is | ||||||
13 | willing and able to remove the vehicle
immediately , except | ||||||
14 | for vehicles that require a commercial driver's license to | ||||||
15 | operate.
Vehicles that require a commercial driver's | ||||||
16 | license to operate shall be disconnected from the tow truck | ||||||
17 | and the owner or operator shall be allowed to remove the | ||||||
18 | vehicle without interference upon the payment of a | ||||||
19 | reasonable service fee of not more than one-half of the | ||||||
20 | posted rate of the towing service as provided in paragraph | ||||||
21 | 6 of subsection (f) of Section 4-203 of this Code, for | ||||||
22 | which a receipt shall be given. For purposes of this | ||||||
23 | paragraph, a tractor and trailer together shall be | ||||||
24 | considered 2 separate vehicles ;
| ||||||
25 | (10) To remove any vehicle from property on which signs | ||||||
26 | are required
and on which there are not posted appropriate |
| |||||||
| |||||||
1 | signs under Section
18a-302;
| ||||||
2 | (11) To fail to notify law enforcement authorities in | ||||||
3 | the
jurisdiction in which the trespassing vehicle was | ||||||
4 | removed within one
hour of the removal. Notification shall | ||||||
5 | include a complete description
of the vehicle, | ||||||
6 | registration numbers if possible, the locations from
which | ||||||
7 | and to which the vehicle was removed, the time of removal, | ||||||
8 | and any
other information required by regulation, statute | ||||||
9 | or ordinance;
| ||||||
10 | (12) To impose any charge other than in accordance with | ||||||
11 | the rates set by the
Commission as provided in paragraph | ||||||
12 | (6) of Section 18a-200 of this Chapter;
| ||||||
13 | (13) To fail, in the office or location at which | ||||||
14 | relocated vehicles
are routinely returned to their owners, | ||||||
15 | to prominently post the name,
address and telephone number | ||||||
16 | of the nearest office of the Commission to
which inquiries | ||||||
17 | or complaints may be sent;
| ||||||
18 | (13.1) To fail to distribute to each owner or operator | ||||||
19 | of a relocated
vehicle, in written form as prescribed by | ||||||
20 | Commission rule or regulation, the
relevant statutes, | ||||||
21 | regulations and ordinances governing commercial vehicle
| ||||||
22 | relocators, including, in at least 12 point boldface type, | ||||||
23 | the name, address
and telephone number of the nearest | ||||||
24 | office of the Commission to which inquiries
or complaints | ||||||
25 | may be sent;
| ||||||
26 | (13.2) To fail, in the office or location at which |
| |||||||
| |||||||
1 | relocated vehicles
are routinely returned to their owners, | ||||||
2 | to ensure that the relocator's representative provides | ||||||
3 | suitable evidence of his or her identity to the owners of | ||||||
4 | relocated vehicles upon request;
| ||||||
5 | (14) To remove any vehicle, otherwise in accordance | ||||||
6 | with this Chapter,
more than 15 air miles from its location | ||||||
7 | when towed from a location in an
unincorporated area of a | ||||||
8 | county or more than 10 air miles from its location
when | ||||||
9 | towed from any other location;
| ||||||
10 | (15) To fail to make a telephone number available to | ||||||
11 | the police department
of any municipality in which a | ||||||
12 | relocator operates at which the relocator
or an employee of | ||||||
13 | the relocator may be contacted at any time during the
hours | ||||||
14 | in which the relocator is engaged in the towing of | ||||||
15 | vehicles, or
advertised as engaged in the towing of | ||||||
16 | vehicles, for the purpose of
effectuating the release of a | ||||||
17 | towed vehicle; or to fail to include the
telephone number | ||||||
18 | in any advertisement of the relocator's services published
| ||||||
19 | or otherwise appearing on or after the effective date of | ||||||
20 | this amendatory
Act; or to fail to have an employee | ||||||
21 | available at any time on the
premises owned or controlled | ||||||
22 | by the relocator for the purposes of arranging
for the | ||||||
23 | immediate release of the vehicle.
| ||||||
24 | Apart from any other penalty or liability authorized | ||||||
25 | under this Act, if
after a reasonable effort, the owner of | ||||||
26 | the vehicle is unable to make telephone
contact with the |
| |||||||
| |||||||
1 | relocator for a period of one hour from his initial attempt
| ||||||
2 | during any time period in which the relocator is required | ||||||
3 | to respond at
the number, all fees for towing, storage, or | ||||||
4 | otherwise are to be waived. Proof
of 3 attempted phone | ||||||
5 | calls to the number provided to the police department
by an | ||||||
6 | officer or employee of the department on behalf of the | ||||||
7 | vehicle owner
within the space of one hour, at least 2 of | ||||||
8 | which are separated by 45 minutes,
shall be deemed | ||||||
9 | sufficient proof of the owner's reasonable effort to make
| ||||||
10 | contact with the vehicle relocator. Failure of the | ||||||
11 | relocator to respond to
the phone calls is not a criminal | ||||||
12 | violation of this Chapter;
| ||||||
13 | (16) To use equipment which the relocator does not own, | ||||||
14 | except in
compliance with Section 18a-306 of this Chapter | ||||||
15 | and Commission regulations.
No equipment can be leased to | ||||||
16 | more than one relocator at any time.
Equipment leases shall | ||||||
17 | be filed with the Commission. If equipment is leased
to one | ||||||
18 | relocator, it cannot thereafter be leased to another | ||||||
19 | relocator until
a written cancellation of lease is properly | ||||||
20 | filed with the Commission;
| ||||||
21 | (17) To use drivers or other personnel who are not | ||||||
22 | employees or
contractors of the relocator;
| ||||||
23 | (18) To fail to refund any amount charged in excess of | ||||||
24 | the reasonable
rate established by the Commission;
| ||||||
25 | (19) To violate any other provision of this Chapter, or | ||||||
26 | of Commission
regulations or orders adopted under this |
| |||||||
| |||||||
1 | Chapter ; .
| ||||||
2 | (20) To engage in the removal of a commercial motor | ||||||
3 | vehicle that requires a commercial driver's license to | ||||||
4 | operate by operating the vehicle under its own power on a | ||||||
5 | highway without authorization by a law enforcement | ||||||
6 | officer. | ||||||
7 | (Source: P.A. 94-650, eff. 1-1-06.)
| ||||||
8 | (625 ILCS 5/18d-153) | ||||||
9 | Sec. 18d-153. Misrepresentation of affiliation. It shall | ||||||
10 | be unlawful for any tower to misrepresent an affiliation with | ||||||
11 | the State, a unit of local government, an insurance company, a | ||||||
12 | private club, or any other entity , or falsely claim to be | ||||||
13 | included on a law enforcement agency's tow rotation list | ||||||
14 | maintained under Section 4-203.5 of the Illinois Vehicle Code, | ||||||
15 | for the purpose of securing a business transaction with a | ||||||
16 | vehicle owner or operator.
| ||||||
17 | (Source: P.A. 96-1369, eff. 1-1-11.)".
|