625 ILCS 5/11-208.6
2021 Illinois Compiled Statutes|Chapter 625 - VEHICLES|625 ILCS 5/ - Illinois Vehicle Code.|Chapter 11 - Rules Of The Road

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 or digital 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) Except as provided under Section 11-208.8 of this Code, 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. Except as provided under Section 11-208.8 of this Code, 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.(c-6) A county, or a municipality with less than 2,000,000 inhabitants, including a home rule county or municipality, may not use an automated traffic law enforcement system to issue violations in instances where a motorcyclist enters an intersection against a red signal  indication when the red signal fails to change to a green signal within a reasonable period of time not less than 120 seconds because of a signal malfunction or because the signal has failed to detect the arrival of the motorcycle due to the motorcycle's size or weight.(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;(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) (Blank).(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 or     digital 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 or digital 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) (Blank).(p) No person who is the lessor of a motor vehicle pursuant to a written lease agreement shall be liable for an automated speed or traffic law enforcement system violation involving such motor vehicle during the period of the lease; provided that upon the request of the appropriate authority received within 120 days after the violation occurred, the lessor provides within 60 days after such receipt the name and address of the lessee.Upon the provision of information by the lessor pursuant to this subsection, the county or municipality may issue the violation to the lessee of the vehicle in the same manner as it would issue a violation to a registered owner of a vehicle pursuant to this Section, and the lessee may be held liable for the violation. (Source: P.A. 101-395, eff. 8-16-19; 101-652, eff. 7-1-21.)