Bill Text: IL SB2932 | 2013-2014 | 98th General Assembly | Amended
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
| |||||||
| |||||||
| |||||||
1 | AMENDMENT TO SENATE BILL 2932
| ||||||
2 | AMENDMENT NO. ______. Amend Senate Bill 2932, AS AMENDED, | ||||||
3 | by replacing everything after the enacting clause with the | ||||||
4 | following:
| ||||||
5 | "Section 5. The Illinois Vehicle Code is amended by | ||||||
6 | changing Sections 4-203, 6-118, 11-1431, 18a-300, and 18d-153 | ||||||
7 | and by adding Section 4-203.5 as follows:
| ||||||
8 | (625 ILCS 5/4-203) (from Ch. 95 1/2, par. 4-203)
| ||||||
9 | Sec. 4-203. Removal of motor vehicles or other vehicles; | ||||||
10 | Towing or
hauling away.
| ||||||
11 | (a) When a vehicle is abandoned, or left unattended, on a | ||||||
12 | toll
highway, interstate highway, or expressway for 2 hours or | ||||||
13 | more, its
removal by a towing service may be authorized by a | ||||||
14 | law enforcement
agency having jurisdiction.
| ||||||
15 | (b) When a vehicle is abandoned on a highway in an urban | ||||||
16 | district 10
hours or more, its removal by a towing service may |
| |||||||
| |||||||
1 | be authorized by a
law enforcement agency having jurisdiction.
| ||||||
2 | (c) When a vehicle is abandoned or left unattended on a | ||||||
3 | highway
other than a toll highway, interstate highway, or | ||||||
4 | expressway, outside of
an urban district for 24 hours or more, | ||||||
5 | its removal by a towing service
may be authorized by a law | ||||||
6 | enforcement agency having jurisdiction.
| ||||||
7 | (d) When an abandoned, unattended, wrecked, burned or | ||||||
8 | partially
dismantled vehicle is creating a traffic hazard | ||||||
9 | because of its position
in relation to the highway or its | ||||||
10 | physical appearance is causing the
impeding of traffic, its | ||||||
11 | immediate removal from the highway or private
property adjacent | ||||||
12 | to the highway by a towing service may be authorized
by a law | ||||||
13 | enforcement agency having jurisdiction.
| ||||||
14 | (e) Whenever a
peace officer reasonably believes that a | ||||||
15 | person under
arrest for a violation of Section 11-501 of this | ||||||
16 | Code or a similar
provision of a local ordinance is likely, | ||||||
17 | upon release, to commit a
subsequent violation of Section | ||||||
18 | 11-501, or a similar provision of a local
ordinance, the | ||||||
19 | arresting officer shall have the vehicle which the person
was | ||||||
20 | operating at the time of the arrest impounded for a period of | ||||||
21 | not more
than 12 hours after the time of arrest. However, such | ||||||
22 | vehicle may be
released by the arresting law enforcement agency | ||||||
23 | prior to the end of the
impoundment period if:
| ||||||
24 | (1) the vehicle was not owned by the person under | ||||||
25 | arrest, and the lawful
owner requesting such release | ||||||
26 | possesses a valid operator's license, proof
of ownership, |
| |||||||
| |||||||
1 | and would not, as determined by the arresting law | ||||||
2 | enforcement
agency, indicate a lack of ability to operate a | ||||||
3 | motor vehicle in a safe
manner, or who would otherwise, by | ||||||
4 | operating such motor vehicle, be in
violation of this Code; | ||||||
5 | or
| ||||||
6 | (2) the vehicle is owned by the person under arrest, | ||||||
7 | and the person
under arrest gives permission to another | ||||||
8 | person to operate such vehicle,
provided however, that the | ||||||
9 | other person possesses a valid operator's license
and would | ||||||
10 | not, as determined by the arresting law enforcement
agency, | ||||||
11 | indicate a lack of ability to operate a motor vehicle in a | ||||||
12 | safe
manner or who would otherwise, by operating such motor | ||||||
13 | vehicle, be in
violation of this Code.
| ||||||
14 | (e-5) Whenever a registered owner of a vehicle is taken | ||||||
15 | into custody for
operating the vehicle in violation of Section | ||||||
16 | 11-501 of this Code or a similar
provision of a local ordinance | ||||||
17 | or Section 6-303 of this Code, a
law enforcement officer
may | ||||||
18 | have the vehicle immediately impounded for a period not less | ||||||
19 | than:
| ||||||
20 | (1) 24 hours for a second violation of Section 11-501 | ||||||
21 | of this Code or a
similar provision of a local ordinance or | ||||||
22 | Section 6-303
of
this Code or a combination of these | ||||||
23 | offenses; or
| ||||||
24 | (2) 48 hours for a third violation of Section 11-501 of | ||||||
25 | this Code or a
similar provision of a local ordinance or | ||||||
26 | Section 6-303 of this
Code or a combination of these |
| |||||||
| |||||||
1 | offenses.
| ||||||
2 | The vehicle may be released sooner if the vehicle is owned | ||||||
3 | by the person
under arrest and the person under arrest gives | ||||||
4 | permission to another person to
operate the vehicle and that | ||||||
5 | other person possesses a valid operator's license
and would | ||||||
6 | not, as determined by the arresting law enforcement agency, | ||||||
7 | indicate
a lack of ability to operate a motor vehicle in a safe | ||||||
8 | manner or would
otherwise, by operating the motor vehicle, be | ||||||
9 | in violation of this Code.
| ||||||
10 | (f) Except as provided in Chapter 18a of this Code, the | ||||||
11 | owner or
lessor of privately owned real property within this | ||||||
12 | State, or any person
authorized by such owner or lessor, or any | ||||||
13 | law enforcement agency in the
case of publicly owned real | ||||||
14 | property may cause any motor vehicle abandoned
or left | ||||||
15 | unattended upon such property without permission to be removed | ||||||
16 | by a
towing service without liability for the costs of removal, | ||||||
17 | transportation
or storage or damage caused by such removal, | ||||||
18 | transportation or storage.
The towing or removal of any vehicle | ||||||
19 | from private property without the
consent of the registered | ||||||
20 | owner or other legally authorized person in
control of the | ||||||
21 | vehicle is subject to compliance with the following
conditions | ||||||
22 | and restrictions:
| ||||||
23 | 1. Any towed or removed vehicle must be stored at the | ||||||
24 | site of the towing
service's place of business. The site | ||||||
25 | must be open during business hours,
and for the purpose of | ||||||
26 | redemption of vehicles, during the time that the
person or |
| |||||||
| |||||||
1 | firm towing such vehicle is open for towing purposes.
| ||||||
2 | 2. The towing service shall within 30 minutes of | ||||||
3 | completion of such
towing or removal, notify the law | ||||||
4 | enforcement agency having jurisdiction of
such towing or | ||||||
5 | removal, and the make, model, color and license plate | ||||||
6 | number
of the vehicle, and shall obtain and record the name | ||||||
7 | of the person at the law
enforcement agency to whom such | ||||||
8 | information was reported.
| ||||||
9 | 3. If the registered owner or legally authorized person | ||||||
10 | entitled to
possession of the vehicle shall arrive at the | ||||||
11 | scene prior to actual removal
or towing of the vehicle, the | ||||||
12 | vehicle shall be disconnected from the tow
truck and that | ||||||
13 | person shall be allowed to remove the vehicle without
| ||||||
14 | interference, upon the payment of a reasonable service fee | ||||||
15 | of not more than
one half the posted rate of the towing | ||||||
16 | service as provided in paragraph
6 of this subsection, for | ||||||
17 | which a receipt shall be given.
| ||||||
18 | 4. The rebate or payment of money or any other valuable | ||||||
19 | consideration
from the towing service or its owners, | ||||||
20 | managers or employees to the owners
or operators of the | ||||||
21 | premises from which the vehicles are towed or removed,
for | ||||||
22 | the privilege of removing or towing those vehicles, is | ||||||
23 | prohibited. Any
individual who violates this paragraph | ||||||
24 | shall be guilty of a Class A
misdemeanor.
| ||||||
25 | 5. Except for property appurtenant to and obviously a | ||||||
26 | part of a single
family residence, and except for instances |
| |||||||
| |||||||
1 | where notice is personally given
to the owner or other | ||||||
2 | legally authorized person in control of the vehicle
that | ||||||
3 | the area in which that vehicle is parked is reserved or | ||||||
4 | otherwise
unavailable to unauthorized vehicles and they | ||||||
5 | are subject to being removed
at the owner or operator's | ||||||
6 | expense, any property owner or lessor, prior to
towing or | ||||||
7 | removing any vehicle from private property without the | ||||||
8 | consent of
the owner or other legally authorized person in | ||||||
9 | control of that vehicle,
must post a notice meeting the | ||||||
10 | following requirements:
| ||||||
11 | a. Except as otherwise provided in subparagraph | ||||||
12 | a.1 of this subdivision (f)5, the notice must be | ||||||
13 | prominently placed at each driveway access or curb
cut | ||||||
14 | allowing vehicular access to the property within 5 feet | ||||||
15 | from the public
right-of-way line. If there are no | ||||||
16 | curbs or access barriers, the sign must
be posted not | ||||||
17 | less than one sign each 100 feet of lot frontage.
| ||||||
18 | a.1. In a municipality with a population of less | ||||||
19 | than 250,000, as an alternative to the requirement of | ||||||
20 | subparagraph a of this subdivision (f)5, the notice for | ||||||
21 | a parking lot contained within property used solely for | ||||||
22 | a 2-family, 3-family, or 4-family residence may be | ||||||
23 | prominently placed at the perimeter of the parking lot, | ||||||
24 | in a position where the notice is visible to the | ||||||
25 | occupants of vehicles entering the lot.
| ||||||
26 | b. The notice must indicate clearly, in not less |
| |||||||
| |||||||
1 | than 2 inch high
light-reflective letters on a | ||||||
2 | contrasting background, that unauthorized
vehicles | ||||||
3 | will be towed away at the owner's expense.
| ||||||
4 | c. The notice must also provide the name and | ||||||
5 | current telephone
number of the towing service towing | ||||||
6 | or removing the vehicle.
| ||||||
7 | d. The sign structure containing the required | ||||||
8 | notices must be
permanently installed with the bottom | ||||||
9 | of the sign not less than 4 feet
above ground level, | ||||||
10 | and must be continuously maintained on the property for
| ||||||
11 | not less than 24 hours prior to the towing or removing | ||||||
12 | of any vehicle.
| ||||||
13 | 6. Any towing service that tows or removes vehicles and | ||||||
14 | proposes to
require the owner, operator, or person in | ||||||
15 | control of the vehicle to pay the
costs of towing and | ||||||
16 | storage prior to redemption of the vehicle must file
and | ||||||
17 | keep on record with the local law enforcement agency a | ||||||
18 | complete copy of
the current rates to be charged for such | ||||||
19 | services, and post at the storage
site an identical rate | ||||||
20 | schedule and any written contracts with property
owners, | ||||||
21 | lessors, or persons in control of property which authorize | ||||||
22 | them to
remove vehicles as provided in this Section.
The | ||||||
23 | towing and storage charges, however, shall not exceed the | ||||||
24 | maximum allowed by the Illinois Commerce Commission under | ||||||
25 | Section 18a-200.
| ||||||
26 | 7. No person shall engage in the removal of vehicles |
| |||||||
| |||||||
1 | from private
property as described in this Section without | ||||||
2 | filing a notice of intent
in each community where he | ||||||
3 | intends to do such removal, and such
notice shall be filed | ||||||
4 | at least 7 days before commencing such towing.
| ||||||
5 | 8. No removal of a vehicle from private property shall | ||||||
6 | be done except
upon express written instructions of the | ||||||
7 | owners or persons in charge of the
private property upon | ||||||
8 | which the vehicle is said to be trespassing.
| ||||||
9 | 9. Vehicle entry for the purpose of removal shall be | ||||||
10 | allowed with
reasonable care on the part of the person or | ||||||
11 | firm towing the vehicle. Such
person or firm shall be | ||||||
12 | liable for any damages occasioned to the vehicle if
such | ||||||
13 | entry is not in accordance with the standards of reasonable | ||||||
14 | care.
| ||||||
15 | 9.5. Except as authorized by a law enforcement officer, | ||||||
16 | no towing service shall engage in the removal of a | ||||||
17 | commercial motor vehicle that requires a commercial | ||||||
18 | driver's license to operate by operating the vehicle under | ||||||
19 | its own power on a highway. | ||||||
20 | 10. When a vehicle has been towed or removed pursuant | ||||||
21 | to this Section,
it must be released to its owner or | ||||||
22 | custodian within one half hour after
requested, if such | ||||||
23 | request is made during business hours. Any vehicle owner
or | ||||||
24 | custodian or agent shall have the right to inspect the | ||||||
25 | vehicle before
accepting its return, and no release or | ||||||
26 | waiver of any kind which would
release the towing service |
| |||||||
| |||||||
1 | from liability for damages incurred during the
towing and | ||||||
2 | storage may be required from any vehicle owner or other | ||||||
3 | legally
authorized person as a condition of release of the | ||||||
4 | vehicle. A detailed,
signed receipt showing the legal name | ||||||
5 | of the towing service must be given
to the person paying | ||||||
6 | towing or storage charges at the time of payment,
whether | ||||||
7 | requested or not.
| ||||||
8 | This Section shall not apply to law enforcement, | ||||||
9 | firefighting, rescue,
ambulance, or other emergency vehicles | ||||||
10 | which are marked as such or to
property owned by any | ||||||
11 | governmental entity.
| ||||||
12 | When an authorized person improperly causes a motor vehicle | ||||||
13 | to be
removed, such person shall be liable to the owner or | ||||||
14 | lessee of the vehicle
for the cost or removal, transportation | ||||||
15 | and storage, any damages resulting
from the removal, | ||||||
16 | transportation and storage, attorney's fee and court costs.
| ||||||
17 | Any towing or storage charges accrued shall be payable by | ||||||
18 | the use of any
major credit card, in addition to being payable | ||||||
19 | in cash.
| ||||||
20 | 11. Towing companies shall also provide insurance | ||||||
21 | coverage for areas
where vehicles towed under the | ||||||
22 | provisions of this Chapter will be impounded
or otherwise | ||||||
23 | stored, and shall adequately cover loss by fire, theft or
| ||||||
24 | other risks.
| ||||||
25 | Any person who fails to comply with the conditions and | ||||||
26 | restrictions of
this subsection shall be guilty of a Class C |
| |||||||
| |||||||
1 | misdemeanor and shall be fined
not less than $100 nor more than | ||||||
2 | $500.
| ||||||
3 | (g)(1) When a vehicle is determined to be a hazardous | ||||||
4 | dilapidated
motor
vehicle pursuant to Section 11-40-3.1 of the | ||||||
5 | Illinois Municipal Code or Section 5-12002.1 of the Counties | ||||||
6 | Code, its
removal and impoundment by a towing service may be | ||||||
7 | authorized by a law
enforcement agency with appropriate | ||||||
8 | jurisdiction.
| ||||||
9 | (2) When a vehicle removal from either public or private | ||||||
10 | property is
authorized by a law enforcement agency, the owner | ||||||
11 | of the vehicle shall be
responsible for all towing and storage | ||||||
12 | charges.
| ||||||
13 | (3) Vehicles removed from public or private property and
| ||||||
14 | stored by a commercial vehicle relocator or any other towing | ||||||
15 | service authorized by a law enforcement agency in
compliance | ||||||
16 | with this Section and Sections 4-201 and 4-202
of this Code, or | ||||||
17 | at the request of the vehicle owner or operator,
shall
be | ||||||
18 | subject to a possessor lien for services
pursuant to the Labor | ||||||
19 | and Storage Lien (Small Amount) Act. The provisions of Section | ||||||
20 | 1 of that Act relating to notice
and implied consent shall be | ||||||
21 | deemed satisfied by compliance with Section
18a-302 and | ||||||
22 | subsection (6) of Section 18a-300. In no event shall such lien
| ||||||
23 | be greater than the rate or rates established in accordance | ||||||
24 | with subsection
(6) of Section 18a-200 of this Code. In no | ||||||
25 | event shall such lien be
increased or altered to reflect any | ||||||
26 | charge for services or materials
rendered in addition to those |
| |||||||
| |||||||
1 | authorized by this Act. Every such lien
shall be payable by use | ||||||
2 | of any major credit card, in addition to being
payable in cash.
| ||||||
3 | (4) Any personal property belonging to the vehicle owner in | ||||||
4 | a vehicle subject to a lien under this
subsection
(g) shall | ||||||
5 | likewise be subject to that lien, excepting only:
child | ||||||
6 | restraint systems as defined in Section 4 of the Child | ||||||
7 | Passenger Protection Act and other child booster seats; | ||||||
8 | eyeglasses; food; medicine; perishable property; any | ||||||
9 | operator's licenses; any cash, credit
cards, or checks or | ||||||
10 | checkbooks; any wallet, purse, or other property
containing any | ||||||
11 | operator's license or other identifying documents or | ||||||
12 | materials,
cash, credit cards, checks, or checkbooks; and any | ||||||
13 | personal property belonging to a person other than the vehicle | ||||||
14 | owner if that person provides adequate proof that the personal | ||||||
15 | property belongs to that person. The spouse, child, mother, | ||||||
16 | father, brother, or sister of the vehicle owner may claim | ||||||
17 | personal property excepted under this paragraph (4) if the | ||||||
18 | person claiming the personal property provides the commercial | ||||||
19 | vehicle relocator or towing service with the authorization of | ||||||
20 | the vehicle owner. | ||||||
21 | (5) This paragraph (5) applies only in the case of a | ||||||
22 | vehicle that is towed as a result of being involved in an | ||||||
23 | accident. In addition to the personal property excepted under | ||||||
24 | paragraph (4), all other personal property in a vehicle subject | ||||||
25 | to a lien under this subsection (g) is exempt from that lien | ||||||
26 | and may be claimed by the vehicle owner if the vehicle owner |
| |||||||
| |||||||
1 | provides the commercial vehicle relocator or towing service | ||||||
2 | with proof that the vehicle owner has an insurance policy | ||||||
3 | covering towing and storage fees. The spouse, child, mother, | ||||||
4 | father, brother, or sister of the vehicle owner may claim | ||||||
5 | personal property in a vehicle subject to a lien under this | ||||||
6 | subsection (g) if the person claiming the personal property | ||||||
7 | provides the commercial vehicle relocator or towing service | ||||||
8 | with the authorization of the vehicle owner and proof that the | ||||||
9 | vehicle owner has an insurance policy covering towing and | ||||||
10 | storage fees. The regulation of liens on personal property and | ||||||
11 | exceptions to those liens in the case of vehicles towed as a | ||||||
12 | result of being involved in an accident are
exclusive powers | ||||||
13 | and functions of the State. A home
rule unit may not regulate | ||||||
14 | liens on personal property and exceptions to those liens in the | ||||||
15 | case of vehicles towed as a result of being involved in an | ||||||
16 | accident. This paragraph (5) is a denial and
limitation of home | ||||||
17 | rule powers and functions under
subsection (h) of Section 6 of | ||||||
18 | Article VII of the
Illinois Constitution. | ||||||
19 | (6) No lien under this subsection (g) shall:
exceed $2,000 | ||||||
20 | in its total amount; or
be increased or altered to reflect any | ||||||
21 | charge for services or
materials rendered in addition to those | ||||||
22 | authorized by this Act.
| ||||||
23 | (h) Whenever a peace officer issues a citation to a driver | ||||||
24 | for a violation of subsection (a) of Section 11-506 of this | ||||||
25 | Code, the arresting officer may have the vehicle which the | ||||||
26 | person was operating at the time of the arrest impounded for a |
| |||||||
| |||||||
1 | period of 5 days after the time of arrest.
An impounding agency | ||||||
2 | shall release a motor vehicle impounded under this subsection | ||||||
3 | (h) to the registered owner of the vehicle under any of the | ||||||
4 | following circumstances: | ||||||
5 | (1) If the vehicle is a stolen vehicle; or | ||||||
6 | (2) If the person ticketed for a violation of | ||||||
7 | subsection (a) of Section 11-506 of this Code was not | ||||||
8 | authorized by the registered owner of the vehicle to | ||||||
9 | operate the vehicle at the time of the violation; or | ||||||
10 | (3) If the registered owner of the vehicle was neither | ||||||
11 | the driver nor a passenger in the vehicle at the time of | ||||||
12 | the violation or was unaware that the driver was using the | ||||||
13 | vehicle to engage in street racing; or | ||||||
14 | (4) If the legal owner or registered owner of the | ||||||
15 | vehicle is a rental car agency; or | ||||||
16 | (5) If, prior to the expiration of the impoundment | ||||||
17 | period specified above, the citation is dismissed or the | ||||||
18 | defendant is found not guilty of the offense.
| ||||||
19 | (i) Except for vehicles exempted under subsection (b) of | ||||||
20 | Section 7-601 of this Code, whenever a law enforcement officer | ||||||
21 | issues a citation to a driver for a violation of Section 3-707 | ||||||
22 | of this Code, and the driver has a prior conviction for a | ||||||
23 | violation of Section 3-707 of this Code in the past 12 months, | ||||||
24 | the arresting officer shall authorize the removal and | ||||||
25 | impoundment of the vehicle by a towing service. | ||||||
26 | (Source: P.A. 96-1274, eff. 7-26-10; 96-1506, eff. 1-27-11; |
| |||||||
| |||||||
1 | 97-779, eff. 7-13-12.)
| ||||||
2 | (625 ILCS 5/4-203.5 new) | ||||||
3 | Sec. 4-203.5. Tow rotation list. | ||||||
4 | (a) Each law enforcement agency whose duties include the | ||||||
5 | patrol of highways in this State shall maintain a tow rotation | ||||||
6 | list which shall be used by law enforcement officers | ||||||
7 | authorizing the tow of a vehicle within the jurisdiction of the | ||||||
8 | law enforcement agency. To ensure adequate response time, a law | ||||||
9 | enforcement agency may maintain multiple tow rotation lists, | ||||||
10 | with each tow rotation list covering tows authorized in | ||||||
11 | different geographic locations within the jurisdiction of the | ||||||
12 | law enforcement agency. A towing service may be included on | ||||||
13 | more than one tow rotation list. | ||||||
14 | (b) Any towing service operating within the jurisdiction of | ||||||
15 | a law enforcement agency may submit an application in a form | ||||||
16 | and manner prescribed by the law enforcement agency for | ||||||
17 | inclusion on the law enforcement agency's tow rotation list. | ||||||
18 | The towing service does not need to be located within the | ||||||
19 | jurisdiction of the law enforcement agency. To be included on a | ||||||
20 | tow rotation list the towing service must meet the following | ||||||
21 | requirements: | ||||||
22 | (1) possess a license permitting the towing service to | ||||||
23 | operate in every unit of local government in the law | ||||||
24 | enforcement agency's jurisdiction that requires a license | ||||||
25 | for the operation of a towing service; |
| |||||||
| |||||||
1 | (2) if required by the law enforcement agency for | ||||||
2 | inclusion on that law enforcement agency's tow rotation | ||||||
3 | list, each owner of the towing service and each person | ||||||
4 | operating a vehicle on behalf of the towing service shall | ||||||
5 | submit his or her fingerprints to the Department of State | ||||||
6 | Police in the form and manner prescribed by the Department | ||||||
7 | of State Police. These fingerprints should be transmitted | ||||||
8 | through a live scan fingerprint vendor licensed by the | ||||||
9 | Illinois Department of Financial and Professional | ||||||
10 | Regulation. These fingerprints shall be checked against | ||||||
11 | the fingerprint records now and hereafter filed in the | ||||||
12 | Department of State Police and Federal Bureau of | ||||||
13 | Investigation criminal history records databases. The | ||||||
14 | Department of State Police shall charge a fee for | ||||||
15 | conducting the criminal history record check, which shall | ||||||
16 | be deposited in the State Police Services Fund and shall | ||||||
17 | not exceed the actual cost of the State and national | ||||||
18 | criminal history record check. The Department of State | ||||||
19 | Police shall furnish, pursuant to positive identification, | ||||||
20 | all Illinois conviction information to the law enforcement | ||||||
21 | agency maintaining the tow rotation list and shall forward | ||||||
22 | the national criminal history record information to the law | ||||||
23 | enforcement agency maintaining the tow rotation list. A | ||||||
24 | person may not own a towing service or operate a vehicle on | ||||||
25 | behalf of a towing service included on a tow rotation list | ||||||
26 | if that person has been convicted during the 5 years |
| |||||||
| |||||||
1 | preceding the application of a criminal offense involving | ||||||
2 | one or more of the following: | ||||||
3 | (A) bodily injury or attempt to inflict bodily | ||||||
4 | injury to another person; | ||||||
5 | (B) theft of property or attempted theft of | ||||||
6 | property; or | ||||||
7 | (C) sexual assault or attempted sexual assault of | ||||||
8 | any kind. | ||||||
9 | (3) each person operating a vehicle on behalf of the | ||||||
10 | towing service must be classified for the type of towing | ||||||
11 | operation he or she shall be performing and the vehicle he | ||||||
12 | or she shall be operating; | ||||||
13 | (4) possess and maintain the following insurance in | ||||||
14 | addition to any other insurance required by law: | ||||||
15 | (A) comprehensive automobile liability insurance | ||||||
16 | with a minimum combined single limit coverage of | ||||||
17 | $1,000,000; | ||||||
18 | (B) commercial general liability insurance with | ||||||
19 | limits of not less than $1,000,000 per occurrence, | ||||||
20 | $100,000 minimum garage keepers legal liability | ||||||
21 | insurance, and $100,000 minimum on-hook coverage or | ||||||
22 | cargo insurance; and | ||||||
23 | (C) a worker's compensation policy covering every | ||||||
24 | person operating a tow truck on behalf of the towing | ||||||
25 | service, if required under current law; | ||||||
26 | (5) possess a secure parking lot used for short-term |
| |||||||
| |||||||
1 | vehicle storage after a vehicle is towed that is open | ||||||
2 | during business hours and is equipped with security | ||||||
3 | features as required by the law enforcement agency; | ||||||
4 | (6) utilize only vehicles that possess a valid vehicle | ||||||
5 | registration, display a valid Illinois license plate in | ||||||
6 | accordance with Section 5-202 of this Code, and comply with | ||||||
7 | the weight requirements of this Code; | ||||||
8 | (7) every person operating a towing or recovery vehicle | ||||||
9 | on behalf of the towing service must have completed a | ||||||
10 | Traffic Incident Management Training Program approved by | ||||||
11 | the Department of Transportation; | ||||||
12 | (8) hold a valid authority issued to it by the Illinois | ||||||
13 | Commerce Commission; | ||||||
14 | (9) comply with all other applicable federal, State, | ||||||
15 | and local laws; and | ||||||
16 | (10) comply with any additional requirements the | ||||||
17 | applicable law enforcement agency deems necessary. | ||||||
18 | The law enforcement agency may select which towing services | ||||||
19 | meeting the requirements of this subsection (b) shall be | ||||||
20 | included on a tow rotation list. The law enforcement agency may | ||||||
21 | choose to have only one towing service on its tow rotation | ||||||
22 | list. Complaints regarding the process for inclusion on a tow | ||||||
23 | rotation list or the use of a tow rotation list may be referred | ||||||
24 | in writing to the head of the law enforcement agency | ||||||
25 | administering that tow rotation list. The head of the law | ||||||
26 | enforcement agency shall make the final determination as to |
| |||||||
| |||||||
1 | which qualified towing services shall be included on a tow | ||||||
2 | rotation list, and shall not be held liable for the exclusion | ||||||
3 | of any towing service from a tow rotation list. | ||||||
4 | (c) Whenever a law enforcement officer initiates a tow of a | ||||||
5 | vehicle, the officer shall contact his or her law enforcement | ||||||
6 | agency and inform the agency that a tow has been authorized. | ||||||
7 | The law enforcement agency shall then select a towing service | ||||||
8 | from the law enforcement agency's tow rotation list | ||||||
9 | corresponding to the geographical area where the tow was | ||||||
10 | authorized, and shall contact that towing service directly by | ||||||
11 | phone, computer, or similar means. Towing services shall be | ||||||
12 | contacted in the order listed on the appropriate tow rotation | ||||||
13 | list, at which point the towing service shall be placed at the | ||||||
14 | end of that tow rotation list. In the event a listed towing | ||||||
15 | service is not available, the next listed towing service on | ||||||
16 | that tow rotation list shall be contacted. | ||||||
17 | (d) A law enforcement agency may deviate from the order | ||||||
18 | listed on a tow rotation list if the towing service next on | ||||||
19 | that tow rotation list is, in the judgment of the authorizing | ||||||
20 | officer or the law enforcement agency making the selection, | ||||||
21 | incapable of or not properly equipped for handling a specific | ||||||
22 | task related to the tow that requires special skills or | ||||||
23 | equipment. A deviation from the order listed on the tow | ||||||
24 | rotation list for this reason shall not cause a loss of | ||||||
25 | rotation turn by the towing service determined to be incapable | ||||||
26 | or not properly equipped for handling the request. |
| |||||||
| |||||||
1 | (e) In the event of an emergency a law enforcement officer | ||||||
2 | or agency, taking into account the safety and location of the | ||||||
3 | situation, may deviate from the order of the tow rotation list | ||||||
4 | and obtain towing service from any source deemed appropriate. | ||||||
5 | (f) If the owner or operator of a disabled vehicle is | ||||||
6 | present at the scene of the disabled vehicle, is not under | ||||||
7 | arrest, and does not abandon his or her vehicle, and in the law | ||||||
8 | enforcement officer's opinion the disabled vehicle is not | ||||||
9 | impeding or obstructing traffic, illegally parked, or posing a | ||||||
10 | security or safety risk, the law enforcement officer shall | ||||||
11 | allow the owner of the vehicle to specify a towing service to | ||||||
12 | relocate the disabled vehicle. If the owner chooses not to | ||||||
13 | specify a towing service, the law enforcement agency shall | ||||||
14 | select a towing service for the vehicle as provided in | ||||||
15 | subsection (c) of this Section. | ||||||
16 | (g) If a tow operator is present or arrives where a tow is | ||||||
17 | needed and it has not been requested by the law enforcement | ||||||
18 | agency or the owner or operator, the law enforcement officer, | ||||||
19 | unless acting under Section 11-1431 of this Code, shall advise | ||||||
20 | the tow operator to leave the scene. | ||||||
21 | (h) Nothing contained in this Section shall require a law | ||||||
22 | enforcement agency whose jurisdiction is limited to a | ||||||
23 | municipality with a population over 1,000,000 to adopt any | ||||||
24 | changes to its towing practices or procedures in effect on the | ||||||
25 | effective date of this amendatory Act of the 98th General | ||||||
26 | Assembly.
|
| |||||||
| |||||||
1 | (625 ILCS 5/6-118)
| ||||||
2 | (Text of Section before amendment by P.A. 98-176 ) | ||||||
3 | Sec. 6-118. Fees. | ||||||
4 | (a) The fee for licenses and permits under this
Article is | ||||||
5 | as follows: | ||||||
6 | Original driver's license .............................$30 | ||||||
7 | Original or renewal driver's license | ||||||
8 | issued to 18, 19 and 20 year olds .................. 5 | ||||||
9 | All driver's licenses for persons | ||||||
10 | age 69 through age 80 .............................. 5 | ||||||
11 | All driver's licenses for persons | ||||||
12 | age 81 through age 86 .............................. 2 | ||||||
13 | All driver's licenses for persons | ||||||
14 | age 87 or older .....................................0 | ||||||
15 | Renewal driver's license (except for | ||||||
16 | applicants ages 18, 19 and 20 or | ||||||
17 | age 69 and older) ..................................30 | ||||||
18 | Original instruction permit issued to | ||||||
19 | persons (except those age 69 and older) | ||||||
20 | who do not hold or have not previously | ||||||
21 | held an Illinois instruction permit or | ||||||
22 | driver's license .................................. 20 | ||||||
23 | Instruction permit issued to any person | ||||||
24 | holding an Illinois driver's license | ||||||
25 | who wishes a change in classifications, |
| |||||||
| |||||||
1 | other than at the time of renewal .................. 5 | ||||||
2 | Any instruction permit issued to a person | ||||||
3 | age 69 and older ................................... 5 | ||||||
4 | Instruction permit issued to any person, | ||||||
5 | under age 69, not currently holding a | ||||||
6 | valid Illinois driver's license or | ||||||
7 | instruction permit but who has | ||||||
8 | previously been issued either document | ||||||
9 | in Illinois ....................................... 10 | ||||||
10 | Restricted driving permit .............................. 8 | ||||||
11 | Monitoring device driving permit ...................... 8 | ||||||
12 | Duplicate or corrected driver's license | ||||||
13 | or permit .......................................... 5 | ||||||
14 | Duplicate or corrected restricted | ||||||
15 | driving permit ..................................... 5 | ||||||
16 | Duplicate or corrected monitoring | ||||||
17 | device driving permit .................................. 5 | ||||||
18 | Duplicate driver's license or permit issued to | ||||||
19 | an active-duty member of the | ||||||
20 | United States Armed Forces, | ||||||
21 | the member's spouse, or | ||||||
22 | the dependent children living | ||||||
23 | with the member ................................... 0 | ||||||
24 | Original or renewal M or L endorsement ................. 5 | ||||||
25 | SPECIAL FEES FOR COMMERCIAL DRIVER'S LICENSE | ||||||
26 | The fees for commercial driver licenses and permits |
| |||||||
| |||||||
1 | under Article V
shall be as follows: | ||||||
2 | Commercial driver's license: | ||||||
3 | $6 for the CDLIS/AAMVAnet/NMVTIS Trust Fund | ||||||
4 | (Commercial Driver's License Information | ||||||
5 | System/American Association of Motor Vehicle | ||||||
6 | Administrators network/National Motor Vehicle | ||||||
7 | Title Information Service Trust Fund); | ||||||
8 | $20 for the Motor Carrier Safety Inspection Fund; | ||||||
9 | $10 for the driver's license; | ||||||
10 | and $24 for the CDL: ............................. $60 | ||||||
11 | Renewal commercial driver's license: | ||||||
12 | $6 for the CDLIS/AAMVAnet/NMVTIS Trust Fund; | ||||||
13 | $20 for the Motor Carrier Safety Inspection Fund; | ||||||
14 | $10 for the driver's license; and | ||||||
15 | $24 for the CDL: ................................. $60 | ||||||
16 | Commercial driver instruction permit | ||||||
17 | issued to any person holding a valid | ||||||
18 | Illinois driver's license for the | ||||||
19 | purpose of changing to a | ||||||
20 | CDL classification: $6 for the | ||||||
21 | CDLIS/AAMVAnet/NMVTIS Trust Fund; | ||||||
22 | $20 for the Motor Carrier | ||||||
23 | Safety Inspection Fund; and | ||||||
24 | $24 for the CDL classification ................... $50 | ||||||
25 | Commercial driver instruction permit | ||||||
26 | issued to any person holding a valid |
| |||||||
| |||||||
1 | Illinois CDL for the purpose of | ||||||
2 | making a change in a classification, | ||||||
3 | endorsement or restriction ........................ $5 | ||||||
4 | CDL duplicate or corrected license .................... $5 | ||||||
5 | In order to ensure the proper implementation of the Uniform | ||||||
6 | Commercial
Driver License Act, Article V of this Chapter, the | ||||||
7 | Secretary of State is
empowered to pro-rate the $24 fee for the | ||||||
8 | commercial driver's license
proportionate to the expiration | ||||||
9 | date of the applicant's Illinois driver's
license. | ||||||
10 | The fee for any duplicate license or permit shall be waived | ||||||
11 | for any
person who presents the Secretary of State's office | ||||||
12 | with a
police report showing that his license or permit was | ||||||
13 | stolen. | ||||||
14 | The fee for any duplicate license or permit shall be waived | ||||||
15 | for any
person age 60 or older whose driver's license or permit | ||||||
16 | has been lost or stolen. | ||||||
17 | No additional fee shall be charged for a driver's license, | ||||||
18 | or for a
commercial driver's license, when issued
to the holder | ||||||
19 | of an instruction permit for the same classification or
type of | ||||||
20 | license who becomes eligible for such
license. | ||||||
21 | (b) Any person whose license or privilege to operate a | ||||||
22 | motor vehicle
in this State has been suspended or revoked under | ||||||
23 | Section 3-707, any
provision of
Chapter 6, Chapter 11, or | ||||||
24 | Section 7-205, 7-303, or 7-702 of the Family
Financial
| ||||||
25 | Responsibility Law of this Code, shall in addition to any other
| ||||||
26 | fees required by this Code, pay a reinstatement fee as follows: |
| |||||||
| |||||||
1 | Suspension under Section 3-707 .....................
$100
| ||||||
2 | Summary suspension under Section 11-501.1 ...........$250
| ||||||
3 | Summary revocation under Section 11-501.1 ............$500 | ||||||
4 | Other suspension ......................................$70 | ||||||
5 | Revocation ...........................................$500 | ||||||
6 | However, any person whose license or privilege to operate a | ||||||
7 | motor vehicle
in this State has been suspended or revoked for a | ||||||
8 | second or subsequent time
for a violation of Section 11-501 or | ||||||
9 | 11-501.1
of this Code or a similar provision of a local | ||||||
10 | ordinance
or a similar out-of-state offense
or Section 9-3 of | ||||||
11 | the Criminal Code of 1961 or the Criminal Code of 2012
and each | ||||||
12 | suspension or revocation was for a violation of Section 11-501 | ||||||
13 | or
11-501.1 of this Code or a similar provision of a local | ||||||
14 | ordinance
or a similar out-of-state offense
or Section
9-3 of | ||||||
15 | the Criminal Code of 1961 or the Criminal Code of 2012
shall | ||||||
16 | pay, in addition to any other
fees required by this Code, a
| ||||||
17 | reinstatement
fee as follows: | ||||||
18 | Summary suspension under Section 11-501.1 ............$500 | ||||||
19 | Summary revocation under Section 11-501.1 ............$500 | ||||||
20 | Revocation ...........................................$500 | ||||||
21 | (c) All fees collected under the provisions of this Chapter | ||||||
22 | 6 shall be
paid into the Road Fund in the State Treasury except | ||||||
23 | as follows: | ||||||
24 | 1. The following amounts shall be paid into the Driver | ||||||
25 | Education Fund: | ||||||
26 | (A) $16 of the $20
fee for an original driver's |
| |||||||
| |||||||
1 | instruction permit; | ||||||
2 | (B) $5 of the $30 fee for an original driver's | ||||||
3 | license; | ||||||
4 | (C) $5 of the $30 fee for a 4 year renewal driver's | ||||||
5 | license;
| ||||||
6 | (D) $4 of the $8 fee for a restricted driving | ||||||
7 | permit; and | ||||||
8 | (E) $4 of the $8 fee for a monitoring device | ||||||
9 | driving permit. | ||||||
10 | 2. $30 of the $250 fee for reinstatement of a
license
| ||||||
11 | summarily suspended under Section 11-501.1 shall be | ||||||
12 | deposited into the
Drunk and Drugged Driving Prevention | ||||||
13 | Fund.
However, for a person whose license or privilege to | ||||||
14 | operate a motor vehicle
in this State has been suspended or | ||||||
15 | revoked for a second or subsequent time for
a violation of | ||||||
16 | Section 11-501 or 11-501.1 of this Code or Section 9-3 of | ||||||
17 | the
Criminal Code of 1961 or the Criminal Code of 2012,
| ||||||
18 | $190 of the $500 fee for reinstatement of a license | ||||||
19 | summarily
suspended under
Section 11-501.1,
and $190 of the | ||||||
20 | $500 fee for reinstatement of a revoked license
shall be | ||||||
21 | deposited into the Drunk and Drugged Driving Prevention | ||||||
22 | Fund. $190 of the $500 fee for reinstatement of a license | ||||||
23 | summarily revoked pursuant to Section 11-501.1 shall be | ||||||
24 | deposited into the Drunk and Drugged Driving Prevention | ||||||
25 | Fund. | ||||||
26 | 3. $6 of such original or renewal fee for a commercial |
| |||||||
| |||||||
1 | driver's
license and $6 of the commercial driver | ||||||
2 | instruction permit fee when such
permit is issued to any | ||||||
3 | person holding a valid Illinois driver's license,
shall be | ||||||
4 | paid into the CDLIS/AAMVAnet/NMVTIS Trust Fund. | ||||||
5 | 4. $30 of the $70 fee for reinstatement of a license | ||||||
6 | suspended
under the
Family
Financial Responsibility Law | ||||||
7 | shall be paid into the Family Responsibility
Fund. | ||||||
8 | 5. The $5 fee for each original or renewal M or L | ||||||
9 | endorsement shall be
deposited into the Cycle Rider Safety | ||||||
10 | Training Fund. | ||||||
11 | 6. $20 of any original or renewal fee for a commercial | ||||||
12 | driver's
license or commercial driver instruction permit | ||||||
13 | shall be paid into the Motor
Carrier Safety Inspection | ||||||
14 | Fund. | ||||||
15 | 7. The following amounts shall be paid into the General | ||||||
16 | Revenue Fund: | ||||||
17 | (A) $190 of the $250 reinstatement fee for a | ||||||
18 | summary suspension under
Section 11-501.1; | ||||||
19 | (B) $40 of the $70 reinstatement fee for any other | ||||||
20 | suspension provided
in subsection (b) of this Section; | ||||||
21 | and | ||||||
22 | (C) $440 of the $500 reinstatement fee for a first | ||||||
23 | offense revocation
and $310 of the $500 reinstatement | ||||||
24 | fee for a second or subsequent revocation. | ||||||
25 | (d) All of the proceeds of the additional fees imposed by | ||||||
26 | this amendatory Act of the 96th General Assembly shall be |
| |||||||
| |||||||
1 | deposited into the Capital Projects Fund. | ||||||
2 | (e) The additional fees imposed by this amendatory Act of | ||||||
3 | the 96th General Assembly shall become effective 90 days after | ||||||
4 | becoming law. | ||||||
5 | (f) As used in this Section, "active-duty member of the | ||||||
6 | United States Armed Forces" means a member of the Armed | ||||||
7 | Services or Reserve Forces of the United States or a member of | ||||||
8 | the Illinois National Guard who is called to active duty | ||||||
9 | pursuant to an executive order of the President of the United | ||||||
10 | States, an act of the Congress of the United States, or an | ||||||
11 | order of the Governor. | ||||||
12 | (Source: P.A. 97-333, eff. 8-12-11; 97-1150, eff. 1-25-13; | ||||||
13 | 98-177, eff. 1-1-14.)
| ||||||
14 | (Text of Section after amendment by P.A. 98-176 ) | ||||||
15 | Sec. 6-118. Fees. | ||||||
16 | (a) The fee for licenses and permits under this
Article is | ||||||
17 | as follows: | ||||||
18 | Original driver's license .............................$30 | ||||||
19 | Original or renewal driver's license | ||||||
20 | issued to 18, 19 and 20 year olds .................. 5 | ||||||
21 | All driver's licenses for persons | ||||||
22 | age 69 through age 80 .............................. 5 | ||||||
23 | All driver's licenses for persons | ||||||
24 | age 81 through age 86 .............................. 2 | ||||||
25 | All driver's licenses for persons |
| |||||||
| |||||||
1 | age 87 or older .....................................0 | ||||||
2 | Renewal driver's license (except for | ||||||
3 | applicants ages 18, 19 and 20 or | ||||||
4 | age 69 and older) ..................................30 | ||||||
5 | Original instruction permit issued to | ||||||
6 | persons (except those age 69 and older) | ||||||
7 | who do not hold or have not previously | ||||||
8 | held an Illinois instruction permit or | ||||||
9 | driver's license .................................. 20 | ||||||
10 | Instruction permit issued to any person | ||||||
11 | holding an Illinois driver's license | ||||||
12 | who wishes a change in classifications, | ||||||
13 | other than at the time of renewal .................. 5 | ||||||
14 | Any instruction permit issued to a person | ||||||
15 | age 69 and older ................................... 5 | ||||||
16 | Instruction permit issued to any person, | ||||||
17 | under age 69, not currently holding a | ||||||
18 | valid Illinois driver's license or | ||||||
19 | instruction permit but who has | ||||||
20 | previously been issued either document | ||||||
21 | in Illinois ....................................... 10 | ||||||
22 | Restricted driving permit .............................. 8 | ||||||
23 | Monitoring device driving permit ...................... 8 | ||||||
24 | Duplicate or corrected driver's license | ||||||
25 | or permit .......................................... 5 | ||||||
26 | Duplicate or corrected restricted |
| |||||||
| |||||||
1 | driving permit ..................................... 5 | ||||||
2 | Duplicate or corrected monitoring | ||||||
3 | device driving permit .................................. 5 | ||||||
4 | Duplicate driver's license or permit issued to | ||||||
5 | an active-duty member of the | ||||||
6 | United States Armed Forces, | ||||||
7 | the member's spouse, or | ||||||
8 | the dependent children living | ||||||
9 | with the member ................................... 0 | ||||||
10 | Original or renewal M or L endorsement ................. 5 | ||||||
11 | SPECIAL FEES FOR COMMERCIAL DRIVER'S LICENSE | ||||||
12 | The fees for commercial driver licenses and permits | ||||||
13 | under Article V
shall be as follows: | ||||||
14 | Commercial driver's license: | ||||||
15 | $6 for the CDLIS/AAMVAnet/NMVTIS Trust Fund | ||||||
16 | (Commercial Driver's License Information | ||||||
17 | System/American Association of Motor Vehicle | ||||||
18 | Administrators network/National Motor Vehicle | ||||||
19 | Title Information Service Trust Fund); | ||||||
20 | $20 for the Motor Carrier Safety Inspection Fund; | ||||||
21 | $10 for the driver's license; | ||||||
22 | and $24 for the CDL: ............................. $60 | ||||||
23 | Renewal commercial driver's license: | ||||||
24 | $6 for the CDLIS/AAMVAnet/NMVTIS Trust Fund; | ||||||
25 | $20 for the Motor Carrier Safety Inspection Fund; | ||||||
26 | $10 for the driver's license; and |
| |||||||
| |||||||
1 | $24 for the CDL: ................................. $60 | ||||||
2 | Commercial learner's permit | ||||||
3 | issued to any person holding a valid | ||||||
4 | Illinois driver's license for the | ||||||
5 | purpose of changing to a | ||||||
6 | CDL classification: $6 for the | ||||||
7 | CDLIS/AAMVAnet/NMVTIS Trust Fund; | ||||||
8 | $20 for the Motor Carrier | ||||||
9 | Safety Inspection Fund; and | ||||||
10 | $24 for the CDL classification ................... $50 | ||||||
11 | Commercial learner's permit | ||||||
12 | issued to any person holding a valid | ||||||
13 | Illinois CDL for the purpose of | ||||||
14 | making a change in a classification, | ||||||
15 | endorsement or restriction ........................ $5 | ||||||
16 | CDL duplicate or corrected license .................... $5 | ||||||
17 | In order to ensure the proper implementation of the Uniform | ||||||
18 | Commercial
Driver License Act, Article V of this Chapter, the | ||||||
19 | Secretary of State is
empowered to pro-rate the $24 fee for the | ||||||
20 | commercial driver's license
proportionate to the expiration | ||||||
21 | date of the applicant's Illinois driver's
license. | ||||||
22 | The fee for any duplicate license or permit shall be waived | ||||||
23 | for any
person who presents the Secretary of State's office | ||||||
24 | with a
police report showing that his license or permit was | ||||||
25 | stolen. | ||||||
26 | The fee for any duplicate license or permit shall be waived |
| |||||||
| |||||||
1 | for any
person age 60 or older whose driver's license or permit | ||||||
2 | has been lost or stolen. | ||||||
3 | No additional fee shall be charged for a driver's license, | ||||||
4 | or for a
commercial driver's license, when issued
to the holder | ||||||
5 | of an instruction permit for the same classification or
type of | ||||||
6 | license who becomes eligible for such
license. | ||||||
7 | (b) Any person whose license or privilege to operate a | ||||||
8 | motor vehicle
in this State has been suspended or revoked under | ||||||
9 | Section 3-707, any
provision of
Chapter 6, Chapter 11, or | ||||||
10 | Section 7-205, 7-303, or 7-702 of the Family
Financial
| ||||||
11 | Responsibility Law of this Code, shall in addition to any other
| ||||||
12 | fees required by this Code, pay a reinstatement fee as follows: | ||||||
13 | Suspension under Section 3-707 .....................
$100
| ||||||
14 | Suspension under Section 11-1431 .....................$100 | ||||||
15 | Summary suspension under Section 11-501.1 ...........$250
| ||||||
16 | Summary revocation under Section 11-501.1 ............$500 | ||||||
17 | Other suspension ......................................$70 | ||||||
18 | Revocation ...........................................$500 | ||||||
19 | However, any person whose license or privilege to operate a | ||||||
20 | motor vehicle
in this State has been suspended or revoked for a | ||||||
21 | second or subsequent time
for a violation of Section 11-501 or | ||||||
22 | 11-501.1
of this Code or a similar provision of a local | ||||||
23 | ordinance
or a similar out-of-state offense
or Section 9-3 of | ||||||
24 | the Criminal Code of 1961 or the Criminal Code of 2012
and each | ||||||
25 | suspension or revocation was for a violation of Section 11-501 | ||||||
26 | or
11-501.1 of this Code or a similar provision of a local |
| |||||||
| |||||||
1 | ordinance
or a similar out-of-state offense
or Section
9-3 of | ||||||
2 | the Criminal Code of 1961 or the Criminal Code of 2012
shall | ||||||
3 | pay, in addition to any other
fees required by this Code, a
| ||||||
4 | reinstatement
fee as follows: | ||||||
5 | Summary suspension under Section 11-501.1 ............$500 | ||||||
6 | Summary revocation under Section 11-501.1 ............$500 | ||||||
7 | Revocation ...........................................$500 | ||||||
8 | (c) All fees collected under the provisions of this Chapter | ||||||
9 | 6 shall be
paid into the Road Fund in the State Treasury except | ||||||
10 | as follows: | ||||||
11 | 1. The following amounts shall be paid into the Driver | ||||||
12 | Education Fund: | ||||||
13 | (A) $16 of the $20
fee for an original driver's | ||||||
14 | instruction permit; | ||||||
15 | (B) $5 of the $30 fee for an original driver's | ||||||
16 | license; | ||||||
17 | (C) $5 of the $30 fee for a 4 year renewal driver's | ||||||
18 | license;
| ||||||
19 | (D) $4 of the $8 fee for a restricted driving | ||||||
20 | permit; and | ||||||
21 | (E) $4 of the $8 fee for a monitoring device | ||||||
22 | driving permit. | ||||||
23 | 2. $30 of the $250 fee for reinstatement of a
license
| ||||||
24 | summarily suspended under Section 11-501.1 shall be | ||||||
25 | deposited into the
Drunk and Drugged Driving Prevention | ||||||
26 | Fund.
However, for a person whose license or privilege to |
| |||||||
| |||||||
1 | operate a motor vehicle
in this State has been suspended or | ||||||
2 | revoked for a second or subsequent time for
a violation of | ||||||
3 | Section 11-501 or 11-501.1 of this Code or Section 9-3 of | ||||||
4 | the
Criminal Code of 1961 or the Criminal Code of 2012,
| ||||||
5 | $190 of the $500 fee for reinstatement of a license | ||||||
6 | summarily
suspended under
Section 11-501.1,
and $190 of the | ||||||
7 | $500 fee for reinstatement of a revoked license
shall be | ||||||
8 | deposited into the Drunk and Drugged Driving Prevention | ||||||
9 | Fund. $190 of the $500 fee for reinstatement of a license | ||||||
10 | summarily revoked pursuant to Section 11-501.1 shall be | ||||||
11 | deposited into the Drunk and Drugged Driving Prevention | ||||||
12 | Fund. | ||||||
13 | 3. $6 of the original or renewal fee for a commercial | ||||||
14 | driver's
license and $6 of the commercial learner's permit | ||||||
15 | fee when the
permit is issued to any person holding a valid | ||||||
16 | Illinois driver's license,
shall be paid into the | ||||||
17 | CDLIS/AAMVAnet/NMVTIS Trust Fund. | ||||||
18 | 4. $30 of the $70 fee for reinstatement of a license | ||||||
19 | suspended
under the
Family
Financial Responsibility Law | ||||||
20 | shall be paid into the Family Responsibility
Fund. | ||||||
21 | 5. The $5 fee for each original or renewal M or L | ||||||
22 | endorsement shall be
deposited into the Cycle Rider Safety | ||||||
23 | Training Fund. | ||||||
24 | 6. $20 of any original or renewal fee for a commercial | ||||||
25 | driver's
license or commercial learner's permit shall be | ||||||
26 | paid into the Motor
Carrier Safety Inspection Fund. |
| |||||||
| |||||||
1 | 7. The following amounts shall be paid into the General | ||||||
2 | Revenue Fund: | ||||||
3 | (A) $190 of the $250 reinstatement fee for a | ||||||
4 | summary suspension under
Section 11-501.1; | ||||||
5 | (B) $40 of the $70 reinstatement fee for any other | ||||||
6 | suspension provided
in subsection (b) of this Section; | ||||||
7 | and | ||||||
8 | (C) $440 of the $500 reinstatement fee for a first | ||||||
9 | offense revocation
and $310 of the $500 reinstatement | ||||||
10 | fee for a second or subsequent revocation. | ||||||
11 | (d) All of the proceeds of the additional fees imposed by | ||||||
12 | this amendatory Act of the 96th General Assembly shall be | ||||||
13 | deposited into the Capital Projects Fund. | ||||||
14 | (e) The additional fees imposed by this amendatory Act of | ||||||
15 | the 96th General Assembly shall become effective 90 days after | ||||||
16 | becoming law. | ||||||
17 | (f) As used in this Section, "active-duty member of the | ||||||
18 | United States Armed Forces" means a member of the Armed | ||||||
19 | Services or Reserve Forces of the United States or a member of | ||||||
20 | the Illinois National Guard who is called to active duty | ||||||
21 | pursuant to an executive order of the President of the United | ||||||
22 | States, an act of the Congress of the United States, or an | ||||||
23 | order of the Governor. | ||||||
24 | (Source: P.A. 97-333, eff. 8-12-11; 97-1150, eff. 1-25-13; | ||||||
25 | 98-176, eff. 7-1-14; 98-177, eff. 1-1-14; revised 9-19-13.)
|
| |||||||
| |||||||
1 | (625 ILCS 5/11-1431) | ||||||
2 | Sec. 11-1431. Solicitations at accident or disablement | ||||||
3 | scene prohibited. | ||||||
4 | (a) A tower, as defined by Section 1-205.2 of this Code, or | ||||||
5 | an employee or agent of a tower may not: (i) stop at the scene | ||||||
6 | of a motor vehicle accident or at or near a damaged or disabled | ||||||
7 | vehicle for the purpose of soliciting the owner or operator of | ||||||
8 | the damaged or disabled vehicle to enter into a towing service | ||||||
9 | transaction; or (ii) stop at the scene of an accident or at or | ||||||
10 | near a damaged or disabled vehicle unless called to the | ||||||
11 | location by a law enforcement officer, the Illinois Department | ||||||
12 | of Transportation, the Illinois State Toll Highway Authority, a | ||||||
13 | local agency having jurisdiction over the highway, or the
owner | ||||||
14 | or operator of the damaged or disabled vehicle. This Section | ||||||
15 | shall not apply to employees of the Department, the Illinois | ||||||
16 | State Toll Highway Authority, or local agencies when engaged in | ||||||
17 | their official duties. Nothing in this Section shall prevent a | ||||||
18 | tower from stopping at the scene of a motor vehicle accident or | ||||||
19 | at or near a
damaged or disabled vehicle if the owner or | ||||||
20 | operator signals the tower for assistance from the location of | ||||||
21 | the motor vehicle accident or damaged or disabled vehicle.
| ||||||
22 | (b) A person who violates this Section is guilty of a | ||||||
23 | business offense and shall be required to pay a fine of more | ||||||
24 | than $500, but not more than $1000. A person convicted of | ||||||
25 | violating this Section shall also have his or her driver's | ||||||
26 | license, permit, or privileges suspended for 3 months. After |
| |||||||
| |||||||
1 | the expiration of the 3 month suspension, the person's driver's | ||||||
2 | license, permit, or privileges shall not be reinstated until he | ||||||
3 | or she has paid a reinstatement fee of $100. If a person | ||||||
4 | violates this Section while his or her driver's license, | ||||||
5 | permit, or privileges are suspended under this subsection (b), | ||||||
6 | his or her driver's license, permit, or privileges shall be | ||||||
7 | suspended for an additional 6 months, and shall not be | ||||||
8 | reinstated after the expiration of the 6 month suspension until | ||||||
9 | he or she pays a reinstatement fee of $100. | ||||||
10 | (Source: P.A. 96-1376, eff. 7-29-10.)
| ||||||
11 | (625 ILCS 5/18a-300) (from Ch. 95 1/2, par. 18a-300)
| ||||||
12 | Sec. 18a-300. Commercial vehicle relocators - Unlawful | ||||||
13 | practices. It
shall be unlawful for any commercial vehicle | ||||||
14 | relocator:
| ||||||
15 | (1) To operate in any county in which this Chapter is | ||||||
16 | applicable
without a valid, current relocator's license as | ||||||
17 | provided in Article IV
of this Chapter;
| ||||||
18 | (2) To employ as an operator, or otherwise so use the | ||||||
19 | services of,
any person who does not have at the | ||||||
20 | commencement of employment or
service, or at any time | ||||||
21 | during the course of employment or service, a
valid, | ||||||
22 | current operator's employment permit, or temporary | ||||||
23 | operator's
employment permit issued in accordance with | ||||||
24 | Sections 18a-403 or 18a-405
of this Chapter; or to fail to | ||||||
25 | notify the Commission, in writing, of any
known criminal |
| |||||||
| |||||||
1 | conviction of any employee occurring at any time before
or | ||||||
2 | during the course of employment or service;
| ||||||
3 | (3) To employ as a dispatcher, or otherwise so use the | ||||||
4 | services of, any
person who does not have at the | ||||||
5 | commencement of employment or service, or
at any time | ||||||
6 | during the course of employment or service, a valid, | ||||||
7 | current
dispatcher's or operator's employment permit or | ||||||
8 | temporary dispatcher's or
operator's employment permit | ||||||
9 | issued in accordance with Sections 18a-403 or
18a-407 of | ||||||
10 | this Chapter; or to fail to notify the Commission, in | ||||||
11 | writing,
of any known criminal conviction of any employee | ||||||
12 | occurring at any time
before or during the course of | ||||||
13 | employment or service;
| ||||||
14 | (4) To operate upon the highways of this State any | ||||||
15 | vehicle used in
connection with any commercial vehicle | ||||||
16 | relocation service unless:
| ||||||
17 |
(A) There is painted or firmly affixed to the | ||||||
18 | vehicle on both sides of the
vehicle in a color or | ||||||
19 | colors vividly contrasting to the color of the vehicle
| ||||||
20 | the name, address and telephone number of the | ||||||
21 | relocator.
The Commission shall prescribe reasonable | ||||||
22 | rules and regulations
pertaining to insignia to be | ||||||
23 | painted or firmly affixed to vehicles and
shall waive | ||||||
24 | the requirements of the address on any vehicle in cases
| ||||||
25 | where the operator of a vehicle has painted or | ||||||
26 | otherwise firmly affixed
to the vehicle a seal or trade |
| |||||||
| |||||||
1 | mark that clearly identifies the
operator of the | ||||||
2 | vehicle; and
| ||||||
3 |
(B) There is carried in the power unit of the | ||||||
4 | vehicle a certified
copy of the currently effective | ||||||
5 | relocator's license and operator's
employment permit. | ||||||
6 | Copies may be photographed, photocopied, or reproduced
| ||||||
7 | or printed by any other legible and durable process. | ||||||
8 | Any person guilty of
not causing to be displayed a copy | ||||||
9 | of his relocator's license and
operator's employment | ||||||
10 | permit may in any hearing concerning the violation
be | ||||||
11 | excused from the payment of the penalty hereinafter | ||||||
12 | provided upon a
showing that the license was issued by | ||||||
13 | the Commission, but was
subsequently lost or | ||||||
14 | destroyed;
| ||||||
15 | (5) To operate upon the highways of this State any | ||||||
16 | vehicle used in
connection with any commercial vehicle | ||||||
17 | relocation service that bears the
name or address and | ||||||
18 | telephone number of any person or entity other than
the | ||||||
19 | relocator by which it is owned or to which it is leased;
| ||||||
20 | (6) To advertise in any newspaper, book, list, | ||||||
21 | classified directory
or other publication unless there is | ||||||
22 | contained in the advertisement the
license number of the | ||||||
23 | relocator;
| ||||||
24 | (7) To remove any vehicle from private property without | ||||||
25 | having first
obtained the written authorization of the | ||||||
26 | property owner or other person
in lawful possession or |
| |||||||
| |||||||
1 | control of the property, his authorized agent,
or an | ||||||
2 | authorized law enforcement officer. The authorization may | ||||||
3 | be on
a contractual basis covering a period of time or | ||||||
4 | limited to a specific
removal;
| ||||||
5 | (8) To charge the private property owner, who requested | ||||||
6 | that an
unauthorized vehicle be removed from his property, | ||||||
7 | with the costs of
removing the vehicle contrary to any | ||||||
8 | terms that may be a part of the
contract between the | ||||||
9 | property owner and the commercial relocator.
Nothing in | ||||||
10 | this paragraph shall prevent a relocator from assessing,
| ||||||
11 | collecting, or receiving from the property owner, lessee, | ||||||
12 | or their agents
any fee prescribed by the Commission;
| ||||||
13 | (9) To remove a vehicle when the owner or operator of | ||||||
14 | the vehicle
is present or arrives at the vehicle location | ||||||
15 | at any time prior to the
completion of removal, and is | ||||||
16 | willing and able to remove the vehicle
immediately , except | ||||||
17 | for vehicles that require a commercial driver's license to | ||||||
18 | operate.
Vehicles that require a commercial driver's | ||||||
19 | license to operate shall be disconnected from the tow truck | ||||||
20 | and the owner or operator shall be allowed to remove the | ||||||
21 | vehicle without interference upon the payment of a | ||||||
22 | reasonable service fee of not more than one-half of the | ||||||
23 | posted rate of the towing service as provided in paragraph | ||||||
24 | 6 of subsection (f) of Section 4-203 of this Code, for | ||||||
25 | which a receipt shall be given. For purposes of this | ||||||
26 | paragraph, a tractor and trailer together shall be |
| |||||||
| |||||||
1 | considered 2 separate vehicles ;
| ||||||
2 | (10) To remove any vehicle from property on which signs | ||||||
3 | are required
and on which there are not posted appropriate | ||||||
4 | signs under Section
18a-302;
| ||||||
5 | (11) To fail to notify law enforcement authorities in | ||||||
6 | the
jurisdiction in which the trespassing vehicle was | ||||||
7 | removed within one
hour of the removal. Notification shall | ||||||
8 | include a complete description
of the vehicle, | ||||||
9 | registration numbers if possible, the locations from
which | ||||||
10 | and to which the vehicle was removed, the time of removal, | ||||||
11 | and any
other information required by regulation, statute | ||||||
12 | or ordinance;
| ||||||
13 | (12) To impose any charge other than in accordance with | ||||||
14 | the rates set by the
Commission as provided in paragraph | ||||||
15 | (6) of Section 18a-200 of this Chapter;
| ||||||
16 | (13) To fail, in the office or location at which | ||||||
17 | relocated vehicles
are routinely returned to their owners, | ||||||
18 | to prominently post the name,
address and telephone number | ||||||
19 | of the nearest office of the Commission to
which inquiries | ||||||
20 | or complaints may be sent;
| ||||||
21 | (13.1) To fail to distribute to each owner or operator | ||||||
22 | of a relocated
vehicle, in written form as prescribed by | ||||||
23 | Commission rule or regulation, the
relevant statutes, | ||||||
24 | regulations and ordinances governing commercial vehicle
| ||||||
25 | relocators, including, in at least 12 point boldface type, | ||||||
26 | the name, address
and telephone number of the nearest |
| |||||||
| |||||||
1 | office of the Commission to which inquiries
or complaints | ||||||
2 | may be sent;
| ||||||
3 | (13.2) To fail, in the office or location at which | ||||||
4 | relocated vehicles
are routinely returned to their owners, | ||||||
5 | to ensure that the relocator's representative provides | ||||||
6 | suitable evidence of his or her identity to the owners of | ||||||
7 | relocated vehicles upon request;
| ||||||
8 | (14) To remove any vehicle, otherwise in accordance | ||||||
9 | with this Chapter,
more than 15 air miles from its location | ||||||
10 | when towed from a location in an
unincorporated area of a | ||||||
11 | county or more than 10 air miles from its location
when | ||||||
12 | towed from any other location;
| ||||||
13 | (15) To fail to make a telephone number available to | ||||||
14 | the police department
of any municipality in which a | ||||||
15 | relocator operates at which the relocator
or an employee of | ||||||
16 | the relocator may be contacted at any time during the
hours | ||||||
17 | in which the relocator is engaged in the towing of | ||||||
18 | vehicles, or
advertised as engaged in the towing of | ||||||
19 | vehicles, for the purpose of
effectuating the release of a | ||||||
20 | towed vehicle; or to fail to include the
telephone number | ||||||
21 | in any advertisement of the relocator's services published
| ||||||
22 | or otherwise appearing on or after the effective date of | ||||||
23 | this amendatory
Act; or to fail to have an employee | ||||||
24 | available at any time on the
premises owned or controlled | ||||||
25 | by the relocator for the purposes of arranging
for the | ||||||
26 | immediate release of the vehicle.
|
| |||||||
| |||||||
1 | Apart from any other penalty or liability authorized | ||||||
2 | under this Act, if
after a reasonable effort, the owner of | ||||||
3 | the vehicle is unable to make telephone
contact with the | ||||||
4 | relocator for a period of one hour from his initial attempt
| ||||||
5 | during any time period in which the relocator is required | ||||||
6 | to respond at
the number, all fees for towing, storage, or | ||||||
7 | otherwise are to be waived. Proof
of 3 attempted phone | ||||||
8 | calls to the number provided to the police department
by an | ||||||
9 | officer or employee of the department on behalf of the | ||||||
10 | vehicle owner
within the space of one hour, at least 2 of | ||||||
11 | which are separated by 45 minutes,
shall be deemed | ||||||
12 | sufficient proof of the owner's reasonable effort to make
| ||||||
13 | contact with the vehicle relocator. Failure of the | ||||||
14 | relocator to respond to
the phone calls is not a criminal | ||||||
15 | violation of this Chapter;
| ||||||
16 | (16) To use equipment which the relocator does not own, | ||||||
17 | except in
compliance with Section 18a-306 of this Chapter | ||||||
18 | and Commission regulations.
No equipment can be leased to | ||||||
19 | more than one relocator at any time.
Equipment leases shall | ||||||
20 | be filed with the Commission. If equipment is leased
to one | ||||||
21 | relocator, it cannot thereafter be leased to another | ||||||
22 | relocator until
a written cancellation of lease is properly | ||||||
23 | filed with the Commission;
| ||||||
24 | (17) To use drivers or other personnel who are not | ||||||
25 | employees or
contractors of the relocator;
| ||||||
26 | (18) To fail to refund any amount charged in excess of |
| |||||||
| |||||||
1 | the reasonable
rate established by the Commission;
| ||||||
2 | (19) To violate any other provision of this Chapter, or | ||||||
3 | of Commission
regulations or orders adopted under this | ||||||
4 | Chapter ; .
| ||||||
5 | (20) To engage in the removal of a commercial motor | ||||||
6 | vehicle that requires a commercial driver's license to | ||||||
7 | operate by operating the vehicle under its own power on a | ||||||
8 | highway without authorization by a law enforcement | ||||||
9 | officer. | ||||||
10 | (Source: P.A. 94-650, eff. 1-1-06.)
| ||||||
11 | (625 ILCS 5/18d-153) | ||||||
12 | Sec. 18d-153. Misrepresentation of affiliation. It shall | ||||||
13 | be unlawful for any tower to misrepresent an affiliation with | ||||||
14 | the State, a unit of local government, an insurance company, a | ||||||
15 | private club, or any other entity , or falsely claim to be | ||||||
16 | included on a law enforcement agency's tow rotation list | ||||||
17 | maintained under Section 4-203.5 of the Illinois Vehicle Code, | ||||||
18 | for the purpose of securing a business transaction with a | ||||||
19 | vehicle owner or operator.
| ||||||
20 | (Source: P.A. 96-1369, eff. 1-1-11.)
| ||||||
21 | Section 95. No acceleration or delay. Where this Act makes | ||||||
22 | changes in a statute that is represented in this Act by text | ||||||
23 | that is not yet or no longer in effect (for example, a Section | ||||||
24 | represented by multiple versions), the use of that text does |
| |||||||
| |||||||
1 | not accelerate or delay the taking effect of (i) the changes | ||||||
2 | made by this Act or (ii) provisions derived from any other | ||||||
3 | Public Act.".
|