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Public Act 096-1016
Public Act 1016 96TH GENERAL ASSEMBLY
|
Public Act 096-1016 |
SB0935 Enrolled |
LRB096 07044 AJT 17130 b |
|
| AN ACT concerning transportation.
| Be it enacted by the People of the State of Illinois,
| represented in the General Assembly:
| Section 5. The Illinois Vehicle Code is amended by changing | Sections 11-208.3 and 11-208.6 as follows:
| (625 ILCS 5/11-208.3) (from Ch. 95 1/2, par. 11-208.3)
| Sec. 11-208.3. Administrative adjudication of violations | of traffic
regulations concerning the standing, parking, or | condition of
vehicles and automated traffic law violations.
| (a) Any municipality may provide by ordinance for a system | of
administrative adjudication of vehicular standing and | parking violations and
vehicle compliance violations as | defined in this subsection and automated traffic law violations | as defined in Section 11-208.6 or 11-1201.1.
The administrative | system shall have as its purpose the fair and
efficient | enforcement of municipal regulations through the
| administrative adjudication of automated traffic law | violations and violations of municipal ordinances
regulating | the standing and parking of vehicles, the condition and use of
| vehicle equipment, and the display of municipal wheel tax | licenses within the
municipality's
borders. The administrative | system shall only have authority to adjudicate
civil offenses | carrying fines not in excess of $500 or requiring the |
| completion of a traffic education program, or both, that occur | after the
effective date of the ordinance adopting such a | system under this Section.
For purposes of this Section, | "compliance violation" means a violation of a
municipal | regulation governing the condition or use of equipment on a | vehicle
or governing the display of a municipal wheel tax | license.
| (b) Any ordinance establishing a system of administrative | adjudication
under this Section shall provide for:
| (1) A traffic compliance administrator authorized to
| adopt, distribute and
process parking, compliance, and | automated traffic law violation notices and other notices | required
by this
Section, collect money paid as fines and | penalties for violation of parking
and compliance
| ordinances and automated traffic law violations, and | operate an administrative adjudication system. The traffic
| compliance
administrator also may make a certified report | to the Secretary of State
under Section 6-306.5.
| (2) A parking, standing, compliance, or automated | traffic law violation notice
that
shall specify the date,
| time, and place of violation of a parking, standing,
| compliance, or automated traffic law
regulation; the | particular regulation
violated; any requirement to | complete a traffic education program; the fine and any | penalty that may be assessed for late payment or failure to | complete a required traffic education program, or both,
|
| when so provided by ordinance; the vehicle make and state | registration
number; and the identification number of the
| person issuing the notice.
With regard to automated traffic | law violations, vehicle make shall be specified on the | automated traffic law violation notice if the make is | available and readily discernible. With regard to | municipalities with a population of 1 million or more, it
| shall be grounds for
dismissal of a parking
violation if | the state registration number or vehicle make specified is
| incorrect. The violation notice shall state that the | completion of any required traffic education program, the | payment of any indicated
fine, and the payment of any | applicable penalty for late payment or failure to complete | a required traffic education program, or both, shall | operate as a
final disposition of the violation. The notice | also shall contain
information as to the availability of a | hearing in which the violation may
be contested on its | merits. The violation notice shall specify the
time and | manner in which a hearing may be had.
| (3) Service of the parking, standing, or compliance
| violation notice by affixing the
original or a facsimile of | the notice to an unlawfully parked vehicle or by
handing | the notice to the operator of a vehicle if he or she is
| present and service of an automated traffic law violation | notice by mail to the
address
of the registered owner of | the cited vehicle as recorded with the Secretary of
State |
| within 30 days after the Secretary of State notifies the | municipality or county of the identity of the owner of the | vehicle, but in no event later than 90 days after the | violation. A person authorized by ordinance to issue and | serve parking,
standing, and compliance
violation notices | shall certify as to the correctness of the facts entered
on | the violation notice by signing his or her name to the | notice at
the time of service or in the case of a notice | produced by a computerized
device, by signing a single | certificate to be kept by the traffic
compliance
| administrator attesting to the correctness of all notices | produced by the
device while it was under his or her | control. In the case of an automated traffic law violation, | the ordinance shall
require
a
determination by a technician | employed or contracted by the municipality or county that,
| based on inspection of recorded images, the motor vehicle | was being operated in
violation of Section 11-208.6 or | 11-1201.1 or a local ordinance.
If the technician | determines that the
vehicle entered the intersection as | part of a funeral procession or in order to
yield the | right-of-way to an emergency vehicle, a citation shall not | be issued. In municipalities with a population of less than | 1,000,000 inhabitants and counties with a population of | less than 3,000,000 inhabitants, the automated traffic law | ordinance shall require that all determinations by a | technician that a motor vehicle was being operated in
|
| violation of Section 11-208.6 or 11-1201.1 or a local | ordinance must be reviewed and approved by a law | enforcement officer or retired law enforcement officer of | the municipality or county issuing the violation. In | municipalities with a population of 1,000,000 or more | inhabitants and counties with a population of 3,000,000 or | more inhabitants, the automated traffic law ordinance | shall require that all determinations by a technician that | a motor vehicle was being operated in
violation of Section | 11-208.6 or 11-1201.1 or a local ordinance must be reviewed | and approved by a law enforcement officer or retired law | enforcement officer of the municipality or county issuing | the violation or by an additional fully-trained reviewing | technician who is not employed by the contractor who | employs the technician who made the initial determination. | As used in this paragraph, "fully-trained reviewing | technician" means a person who has received at least 40 | hours of supervised training in subjects which shall | include image inspection and interpretation, the elements | necessary to prove a violation, license plate | identification, and traffic safety and management. In all | municipalities and counties, the automated traffic law | ordinance shall require that no additional fee shall be | charged to the alleged violator for exercising his or her | right to an administrative hearing, and persons shall be | given at least 25 days following an administrative hearing |
| to pay any civil penalty imposed by a finding that Section | 11-208.6 or 11-1201.1 or a similar local ordinance has been | violated. The original or a
facsimile of the violation | notice or, in the case of a notice produced by a
| computerized device, a printed record generated by the | device showing the facts
entered on the notice, shall be | retained by the
traffic compliance
administrator, and | shall be a record kept in the ordinary course of
business. | A parking, standing, compliance, or automated traffic law | violation notice issued,
signed and served in
accordance | with this Section, a copy of the notice, or the computer
| generated record shall be prima facie
correct and shall be | prima facie evidence of the correctness of the facts
shown | on the notice. The notice, copy, or computer generated
| record shall be admissible in any
subsequent | administrative or legal proceedings.
| (4) An opportunity for a hearing for the registered | owner of the
vehicle cited in the parking, standing, | compliance, or automated traffic law violation notice in
| which the owner may
contest the merits of the alleged | violation, and during which formal or
technical rules of | evidence shall not apply; provided, however, that under
| Section 11-1306 of this Code the lessee of a vehicle cited | in the
violation notice likewise shall be provided an | opportunity for a hearing of
the same kind afforded the | registered owner. The hearings shall be
recorded, and the |
| person conducting the hearing on behalf of the traffic
| compliance
administrator shall be empowered to administer | oaths and to secure by
subpoena both the attendance and | testimony of witnesses and the production
of relevant books | and papers. Persons appearing at a hearing under this
| Section may be represented by counsel at their expense. The | ordinance may
also provide for internal administrative | review following the decision of
the hearing officer.
| (5) Service of additional notices, sent by first class | United States
mail, postage prepaid, to the address of the | registered owner of the cited
vehicle as recorded with the | Secretary of State or, if any notice to that address is | returned as undeliverable, to the last known address | recorded in a United States Post Office approved database,
| or, under Section 11-1306
of this Code, to the lessee of | the cited vehicle at the last address known
to the lessor | of the cited vehicle at the time of lease or, if any notice | to that address is returned as undeliverable, to the last | known address recorded in a United States Post Office | approved database.
The service shall
be deemed complete as | of the date of deposit in the United States mail.
The | notices shall be in the following sequence and shall | include but not be
limited to the information specified | herein:
| (i) A second notice of parking, standing, or | compliance violation. This notice shall specify the
|
| date and location of the violation cited in the | parking,
standing,
or compliance violation
notice, the | particular regulation violated, the vehicle
make and | state registration number, any requirement to complete | a traffic education program, the fine and any penalty | that may be
assessed for late payment or failure to | complete a traffic education program, or both, when so | provided by ordinance, the availability
of a hearing in | which the violation may be contested on its merits, and | the
time and manner in which the hearing may be had. | The notice of violation
shall also state that failure | to complete a required traffic education program, to | pay the indicated fine and any
applicable penalty, or | to appear at a hearing on the merits in the time and
| manner specified, will result in a final determination | of violation
liability for the cited violation in the | amount of the fine or penalty
indicated, and that, upon | the occurrence of a final determination of violation | liability for the failure, and the exhaustion of, or
| failure to exhaust, available administrative or | judicial procedures for
review, any incomplete traffic | education program or any unpaid fine or penalty, or | both, will constitute a debt due and owing
the | municipality.
| (ii) A notice of final determination of parking, | standing,
compliance, or automated traffic law |
| violation liability.
This notice shall be sent | following a final determination of parking,
standing, | compliance, or automated traffic law
violation | liability and the conclusion of judicial review | procedures taken
under this Section. The notice shall | state that the incomplete traffic education program or | the unpaid fine or
penalty, or both, is a debt due and | owing the municipality. The notice shall contain
| warnings that failure to complete any required traffic | education program or to pay any fine or penalty due and | owing the
municipality, or both, within the time | specified may result in the municipality's
filing of a | petition in the Circuit Court to have the incomplete | traffic education program or unpaid
fine or penalty, or | both, rendered a judgment as provided by this Section, | or may
result in suspension of the person's drivers | license for failure to complete a traffic education | program or to pay
fines or penalties, or both, for 10 | or more parking violations under Section 6-306.5 or 5 | or more automated traffic law violations under Section | 11-208.6.
| (6) A notice of impending drivers license suspension. | This
notice shall be sent to the person liable for failure | to complete a required traffic education program or to pay | any fine or penalty that
remains due and owing, or both, on | 10 or more parking
violations or 5 or more unpaid automated |
| traffic law violations. The notice
shall state that failure | to complete a required traffic education program or to pay | the fine or penalty owing, or both, within 45 days of
the | notice's date will result in the municipality notifying the | Secretary
of State that the person is eligible for | initiation of suspension
proceedings under Section 6-306.5 | of this Code. The notice shall also state
that the person | may obtain a photostatic copy of an original ticket | imposing a
fine or penalty by sending a self addressed, | stamped envelope to the
municipality along with a request | for the photostatic copy.
The notice of impending
drivers | license suspension shall be sent by first class United | States mail,
postage prepaid, to the address recorded with | the Secretary of State or, if any notice to that address is | returned as undeliverable, to the last known address | recorded in a United States Post Office approved database.
| (7) Final determinations of violation liability. A | final
determination of violation liability shall occur | following failure to complete the required traffic | education program or
to pay the fine or penalty, or both, | after a hearing officer's determination of violation | liability and the exhaustion of or failure to exhaust any
| administrative review procedures provided by ordinance. | Where a person
fails to appear at a hearing to contest the | alleged violation in the time
and manner specified in a | prior mailed notice, the hearing officer's
determination |
| of violation liability shall become final: (A) upon
denial | of a timely petition to set aside that determination, or | (B) upon
expiration of the period for filing the petition | without a
filing having been made.
| (8) A petition to set aside a determination of parking, | standing,
compliance, or automated traffic law violation
| liability that may be filed by a person owing an unpaid | fine or penalty. A petition to set aside a determination of | liability may also be filed by a person required to | complete a traffic education program.
The petition shall be | filed with and ruled upon by the traffic compliance
| administrator in the manner and within the time specified | by ordinance.
The grounds for the petition may be limited | to: (A) the person not having
been the owner or lessee of | the cited vehicle on the date the
violation notice was | issued, (B) the person having already completed the | required traffic education program or paid the fine or
| penalty, or both, for the violation in question, and (C) | excusable failure to
appear at or
request a new date for a | hearing.
With regard to municipalities with a population of | 1 million or more, it
shall be grounds for
dismissal of a
| parking violation if the state registration number, or | vehicle make if specified, is
incorrect. After the | determination of
parking, standing, compliance, or | automated traffic law violation liability has been set | aside
upon a showing of just
cause, the registered owner |
| shall be provided with a hearing on the merits
for that | violation.
| (9) Procedures for non-residents. Procedures by which | persons who are
not residents of the municipality may | contest the merits of the alleged
violation without | attending a hearing.
| (10) A schedule of civil fines for violations of | vehicular standing,
parking, compliance, or automated | traffic law regulations enacted by ordinance pursuant to | this
Section, and a
schedule of penalties for late payment | of the fines or failure to complete required traffic | education programs, provided, however,
that the total | amount of the fine and penalty for any one violation shall
| not exceed $250, except as provided in subsection (c) of | Section 11-1301.3 of this Code.
| (11) Other provisions as are necessary and proper to | carry into
effect the powers granted and purposes stated in | this Section.
| (c) Any municipality establishing vehicular standing, | parking,
compliance, or automated traffic law
regulations | under this Section may also provide by ordinance for a
program | of vehicle immobilization for the purpose of facilitating
| enforcement of those regulations. The program of vehicle
| immobilization shall provide for immobilizing any eligible | vehicle upon the
public way by presence of a restraint in a | manner to prevent operation of
the vehicle. Any ordinance |
| establishing a program of vehicle
immobilization under this | Section shall provide:
| (1) Criteria for the designation of vehicles eligible | for
immobilization. A vehicle shall be eligible for | immobilization when the
registered owner of the vehicle has | accumulated the number of incomplete traffic education | programs or unpaid final
determinations of parking, | standing, compliance, or automated traffic law violation | liability, or both, as
determined by ordinance.
| (2) A notice of impending vehicle immobilization and a | right to a
hearing to challenge the validity of the notice | by disproving liability
for the incomplete traffic | education programs or unpaid final determinations of | parking, standing, compliance, or automated traffic law
| violation liability, or both, listed
on the notice.
| (3) The right to a prompt hearing after a vehicle has | been immobilized
or subsequently towed without the | completion of the required traffic education program or | payment of the outstanding fines and
penalties on parking, | standing, compliance, or automated traffic law violations, | or both, for which final
determinations have been
issued. | An order issued after the hearing is a final administrative
| decision within the meaning of Section 3-101 of the Code of | Civil Procedure.
| (4) A post immobilization and post-towing notice | advising the registered
owner of the vehicle of the right |
| to a hearing to challenge the validity
of the impoundment.
| (d) Judicial review of final determinations of parking, | standing,
compliance, or automated traffic law
violations and | final administrative decisions issued after hearings
regarding | vehicle immobilization and impoundment made
under this Section | shall be subject to the provisions of
the Administrative Review | Law.
| (e) Any fine, penalty, incomplete traffic education | program, or part of any fine or any penalty remaining
unpaid | after the exhaustion of, or the failure to exhaust, | administrative
remedies created under this Section and the | conclusion of any judicial
review procedures shall be a debt | due and owing the municipality and, as
such, may be collected | in accordance with applicable law. Completion of any required | traffic education program and payment in full
of any fine or | penalty resulting from a standing, parking,
compliance, or | automated traffic law violation shall
constitute a final | disposition of that violation.
| (f) After the expiration of the period within which | judicial review may
be sought for a final determination of | parking, standing, compliance, or automated traffic law
| violation, the municipality
may commence a proceeding in the | Circuit Court for purposes of obtaining a
judgment on the final | determination of violation. Nothing in this
Section shall | prevent a municipality from consolidating multiple final
| determinations of parking, standing, compliance, or automated |
| traffic law violations against a
person in a proceeding.
Upon | commencement of the action, the municipality shall file a | certified
copy or record of the final determination of parking, | standing, compliance, or automated traffic law
violation, | which shall be
accompanied by a certification that recites | facts sufficient to show that
the final determination of | violation was
issued in accordance with this Section and the | applicable municipal
ordinance. Service of the summons and a | copy of the petition may be by
any method provided by Section | 2-203 of the Code of Civil Procedure or by
certified mail, | return receipt requested, provided that the total amount of
| fines and penalties for final determinations of parking, | standing,
compliance, or automated traffic law violations does | not
exceed $2500. If the court is satisfied that the final | determination of
parking, standing, compliance, or automated | traffic law violation was entered in accordance with
the | requirements of
this Section and the applicable municipal | ordinance, and that the registered
owner or the lessee, as the | case may be, had an opportunity for an
administrative hearing | and for judicial review as provided in this Section,
the court | shall render judgment in favor of the municipality and against
| the registered owner or the lessee for the amount indicated in | the final
determination of parking, standing, compliance, or | automated traffic law violation, plus costs.
The judgment shall | have
the same effect and may be enforced in the same manner as | other judgments
for the recovery of money.
|
| (g) The fee for participating in a traffic education | program under this Section shall not exceed $25. | A low-income individual required to complete a traffic | education program under this Section who provides proof of | eligibility for the federal earned income tax credit under | Section 32 of the Internal Revenue Code or the Illinois earned | income tax credit under Section 212 of the Illinois Income Tax | Act shall not be required to pay any fee for participating in a | required traffic education program. | (Source: P.A. 95-331, eff. 8-21-07; 96-288, eff. 8-11-09; | 96-478, eff. 1-1-10; revised 9-4-09.)
| (625 ILCS 5/11-208.6)
| Sec. 11-208.6. Automated traffic law enforcement system.
| (a) As used in this Section, "automated traffic law | enforcement
system" means a device with one or more motor | vehicle sensors working
in conjunction with a red light signal | to produce recorded images of
motor vehicles entering an | intersection against a red signal
indication in violation of | Section 11-306 of this Code or a similar provision
of a local | ordinance.
| An
automated traffic law enforcement system is a system, in | a municipality or
county operated by a
governmental agency, | that
produces a recorded image of a motor vehicle's
violation | of a provision of this Code or a local ordinance
and is | designed to obtain a clear recorded image of the
vehicle and |
| the vehicle's license plate. The recorded image must also
| display the time, date, and location of the violation.
| (b) As used in this Section, "recorded images" means images
| recorded by an automated traffic law enforcement system on:
| (1) 2 or more photographs;
| (2) 2 or more microphotographs;
| (3) 2 or more electronic images; or
| (4) a video recording showing the motor vehicle and, on | at
least one image or portion of the recording, clearly | identifying the
registration plate number of the motor | vehicle.
| (b-5) A municipality or
county that
produces a recorded | image of a motor vehicle's
violation of a provision of this | Code or a local ordinance must make the recorded images of a | violation accessible to the alleged violator by providing the | alleged violator with a website address, accessible through the | Internet. | (c) A county or municipality, including a home rule county | or municipality, may not use an automated traffic law | enforcement system to provide recorded images of a motor | vehicle for the purpose of recording its speed. The regulation | of the use of automated traffic law enforcement systems to | record vehicle speeds is an exclusive power and function of the | State. This subsection (c) is a denial and limitation of home | rule powers and functions under subsection (h) of Section 6 of | Article VII of the Illinois Constitution.
|
| (c-5) A county or municipality, including a home rule | county or municipality, may not use an automated traffic law | enforcement system to issue violations in instances where the | motor vehicle comes to a complete stop and does not enter the | intersection, as defined by Section 1-132 of this Code, during | the cycle of the red signal indication unless one or more | pedestrians or bicyclists are present, even if the motor | vehicle stops at a point past a stop line or crosswalk where a | driver is required to stop, as specified in subsection (c) of | Section 11-306 of this Code or a similar provision of a local | ordinance. | (d) For each violation of a provision of this Code or a | local ordinance
recorded by an automatic
traffic law | enforcement system, the county or municipality having
| jurisdiction shall issue a written notice of the
violation to | the registered owner of the vehicle as the alleged
violator. | The notice shall be delivered to the registered
owner of the | vehicle, by mail, within 30 days after the Secretary of State | notifies the municipality or county of the identity of the | owner of the vehicle, but in no event later than 90 days after | the violation.
| The notice shall include:
| (1) the name and address of the registered owner of the
| vehicle;
| (2) the registration number of the motor vehicle
| involved in the violation;
|
| (3) the violation charged;
| (4) the location where the violation occurred;
| (5) the date and time of the violation;
| (6) a copy of the recorded images;
| (7) the amount of the civil penalty imposed and the | requirements of any traffic education program imposed and | the date
by which the civil penalty should be paid and the | traffic education program should be completed;
| (8) a statement that recorded images are evidence of a
| violation of a red light signal;
| (9) a warning that failure to pay the civil penalty, to | complete a required traffic education program, or to
| contest liability in a timely manner is an admission of
| liability and may result in a suspension of the driving
| privileges of the registered owner of the vehicle; and
| (10) a statement that the person may elect to proceed | by:
| (A) paying the fine, completing a required traffic | education program, or both; or
| (B) challenging the charge in court, by mail, or by | administrative hearing ; and .
| (11) a website address, accessible through the | Internet, where the person may view the recorded images of | the violation. | (e) If a person
charged with a traffic violation, as a | result of an automated traffic law
enforcement system, does not |
| pay the fine or complete a required traffic education program, | or both, or successfully contest the civil
penalty resulting | from that violation, the Secretary of State shall suspend the
| driving privileges of the
registered owner of the vehicle under | Section 6-306.5 of this Code for failing
to complete a required | traffic education program or to pay any fine or penalty
due and | owing, or both, as a result of 5 violations of the automated | traffic law
enforcement system.
| (f) Based on inspection of recorded images produced by an
| automated traffic law enforcement system, a notice alleging | that the violation occurred shall be evidence of the facts | contained
in the notice and admissible in any proceeding | alleging a
violation under this Section.
| (g) Recorded images made by an automatic traffic law
| enforcement system are confidential and shall be made
available | only to the alleged violator and governmental and
law | enforcement agencies for purposes of adjudicating a
violation | of this Section, for statistical purposes, or for other | governmental purposes. Any recorded image evidencing a
| violation of this Section, however, may be admissible in
any | proceeding resulting from the issuance of the citation.
| (h) The court or hearing officer may consider in defense of | a violation:
| (1) that the motor vehicle or registration plates of | the motor
vehicle were stolen before the violation occurred | and not
under the control of or in the possession of the |
| owner at
the time of the violation;
| (2) that the driver of the vehicle passed through the
| intersection when the light was red either (i) in order to
| yield the right-of-way to an emergency vehicle or (ii) as
| part of a funeral procession; and
| (3) any other evidence or issues provided by municipal | or county ordinance.
| (i) To demonstrate that the motor vehicle or the | registration
plates were stolen before the violation occurred | and were not under the
control or possession of the owner at | the time of the violation, the
owner must submit proof that a | report concerning the stolen
motor vehicle or registration | plates was filed with a law enforcement agency in a timely | manner.
| (j) Unless the driver of the motor vehicle received a | Uniform
Traffic Citation from a police officer at the time of | the violation,
the motor vehicle owner is subject to a civil | penalty not exceeding
$100 or the completion of a traffic | education program, or both, plus an additional penalty of not | more than $100 for failure to pay the original penalty or to | complete a required traffic education program, or both, in a | timely manner, if the motor vehicle is recorded by an automated | traffic law
enforcement system. A violation for which a civil | penalty is imposed
under this Section is not a violation of a | traffic regulation governing
the movement of vehicles and may | not be recorded on the driving record
of the owner of the |
| vehicle.
| (j-3) A registered owner who is a holder of a valid | commercial driver's license is not required to complete a | traffic education program. | (j-5) For purposes of the required traffic education | program only, a registered owner may submit an affidavit to the | court or hearing officer swearing that at the time of the | alleged violation, the vehicle was in the custody and control | of another person. The affidavit must identify the person in | custody and control of the vehicle, including the person's name | and current address. The person in custody and control of the | vehicle at the time of the violation is required to complete | the required traffic education program. If the person in | custody and control of the vehicle at the time of the violation | completes the required traffic education program, the | registered owner of the vehicle is not required to complete a | traffic education program. | (k) An intersection equipped with an automated traffic law
| enforcement system must be posted with a sign visible to | approaching traffic
indicating that the intersection is being | monitored by an automated
traffic law enforcement system. | (k-3) A municipality or
county that has one or more | intersections equipped with an automated traffic law
| enforcement system must provide notice to drivers by posting | the locations of automated traffic law systems on the | municipality or county website.
|
| (k-5) An intersection equipped with an automated traffic | law
enforcement system must have a yellow change interval that | conforms with the Illinois Manual on Uniform Traffic Control | Devices (IMUTCD) published by the Illinois Department of | Transportation. | (k-7) A municipality or county operating an automated | traffic law enforcement system shall conduct a statistical | analysis to assess the safety impact of each automated traffic | law enforcement system at an intersection following | installation of the system. The statistical analysis shall be | based upon the best available crash, traffic, and other data, | and shall cover a period of time before and after installation | of the system sufficient to provide a statistically valid | comparison of safety impact. The statistical analysis shall be | consistent with professional judgment and acceptable industry | practice. The statistical analysis also shall be consistent | with the data required for valid comparisons of before and | after conditions and shall be conducted within a reasonable | period following the installation of the automated traffic law | enforcement system. The statistical analysis required by this | subsection (k-7) shall be made available to the public and | shall be published on the website of the municipality or | county. If the statistical analysis for the 36 month period | following installation of the system indicates that there has | been an increase in the rate of accidents at the approach to | the intersection monitored by the system, the municipality or |
| county shall undertake additional studies to determine the | cause and severity of the accidents, and may take any action | that it determines is necessary or appropriate to reduce the | number or severity of the accidents at that intersection. | (l) The compensation paid for an automated traffic law | enforcement system
must be based on the value of the equipment | or the services provided and may
not be based on the number of | traffic citations issued or the revenue generated
by the | system.
| (m) This Section applies only to the counties of Cook, | DuPage, Kane, Lake, Madison, McHenry, St. Clair, and Will and | to municipalities located within those counties.
| (n) The fee for participating in a traffic education | program under this Section shall not exceed $25. | A low-income individual required to complete a traffic | education program under this Section who provides proof of | eligibility for the federal earned income tax credit under | Section 32 of the Internal Revenue Code or the Illinois earned | income tax credit under Section 212 of the Illinois Income Tax | Act shall not be required to pay any fee for participating in a | required traffic education program. | (o) A municipality or county shall make a certified report | to the Secretary of State pursuant to Section 6-306.5 of this | Code whenever a registered owner of a vehicle has failed to pay | any
fine or penalty due and owing as a result of 5 offenses for | automated traffic
law violations. |
| (Source: P.A. 96-288, eff. 8-11-09.)
|
Effective Date: 1/1/2011
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