PART 8010 MANDATORY VEHICLE LIABILITY INSURANCE : Sections Listing

TITLE 50: INSURANCE
CHAPTER IV: SECRETARY OF STATE
PART 8010 MANDATORY VEHICLE LIABILITY INSURANCE


AUTHORITY: Implementing and authorized by Article VI of the Illinois Safety Responsibility Law of the Illinois Vehicle Code (Ill. Rev. Stat. 1989, ch. 95½, par. 7-601 et seq.).

SOURCE: Adopted at 14 Ill. Reg. 2952, effective February 7, 1990; amended at 14 Ill. Reg. 19369, effective December 1, 1990; amended at 15 Ill. Reg. 15605, effective October 15, 1991.

 

Section 8010.10  Definitions

 

For purposes of this Part, the following definitions shall apply:

 

            "Act" – is Article VI of the Illinois Safety Responsibility Law of the Illinois Vehicle Code (Ill. Rev. Stat. 1988 Supp., ch. 95½, par. 7-601 et seq.) 

 

            "Certificate of Insurance" – legal document issued by an insurer or its authorized representative showing that specific vehicle is insured for liability.

 

            "Declarations Page" – that part of an insurance policy showing all of the pertinent information, name of insured(s), insuring company, the make, the year, the Vehicle Identification Number (VIN), the policy number, and the effective and expiration dates of the policy.

 

            "Department" – Department of Vehicle Services within the Office of the Secretary of State.

 

            "Display " – means the manual surrender of the evidence of insurance into the hands of the law enforcement officer making the request for the officer's inspection thereof as provided in Section 7-602 of the Act.

 

            "Insurance Binder" – legal document issued by an insurer or its authorized representative showing that a specific vehicle is insured for liability.

 

            "Owner" – a person who holds legal title of a motor vehicle, or in the event a motor vehicle is the subject of an agreement for the conditional sale or lease thereof with this right of purchase upon performance of the conditions stated in the agreement and with an immediate right-of-possession vested in the conditional vendee or lessee, or in the event a mortgagor of such motor vehicle is entitled to possession, then such conditional vendee or lessee or mortgagor shall be deemed the owner as described in Section 1-155 of the Illinois Vehicle Code (Ill. Rev. Stat. 1987, ch. 95½, par. 1-155).

 

            "Revocation" – the termination by formal action of the Secretary of a vehicle's registration which termination shall not be subject to renewal or restoration except that an application for a new registration may be presented and acted upon by the Secretary after the expiration of at least one year after the date of the revocation.

 

            "Suspension" – the temporary withdrawal by formal action of the Secretary of a vehicle's registration for a period specifically designated by the Secretary.

 

Section 8010.20  Insurance Card Requirements

 

a)         Pursuant to Section 7-602 of the Act, each insurance company which issues vehicle liability policies in Illinois shall issue an insurance card to the policy holder of the vehicle indicating the vehicle is insured.  The insurance card shall be issued in conjunction with the issuance or renewal of the policy.  Additional insurance cards shall be issued upon request by the named insured.

 

b)         In the case of motor vehicles registered in Illinois, the top of the front of the insurance card shall display the words "ILLINOIS INSURANCE CARD".  The words "IDENTIFICATION" and "TEMPORARY" may also be displayed at the discretion of the issuing company.

 

c)         The insurance card shall contain the following vehicle information:

 

1)         the vehicle year,

 

2)         the vehicle make, and

 

3)         either all or the last six (6) characters of the vehicle identification number (VIN).  If the insurance card is issued for a fleet policy, it may state "FLEET" in lieu of vehicle years, makes, and VINs and if the card is issued with a non-owner policy, it may state "NON-OWNER POLICY" in lieu of the vehicle year, make and VIN.

 

d)         The insurance card shall contain the following insurance information:

 

1)         the name of the insured(s);

 

2)         the company name;

 

3)         the company code number assigned by the National Association of Insurance Commissioners;

 

4)         the policy number;

 

5)         the effective date and expiration date which shall cover a period of time not to exceed 12 months;

 

6)         a disclaimer as follows:  "Examine policy exclusions carefully.  This form does not constitute any part of your insurance policy"; and

 

7)         a warning of excluded drivers or vehicles, when applicable.

 

e)         The minimum size of the insurance card shall be 3" by 2⅛"; no maximum size is prescribed.  A minimum twenty (20) pound paper stock is required.  Except for the required disclaimer and any required warnings, the required information shall be displayed on the front of the card. Except for the disclaimer and warnings, the required information shall be displayed in a minimum eight (8) point upper case type.

 

f)         The insurance card may include other information at the discretion of the insurer.

 

g)         Insurance companies may allow authorized representatives to issue temporary insurance cards to satisfy the requirements of the Act.  Temporary insurance cards are not required to have the policy number but shall contain all other required information.

 

h)         In the case of a motor vehicle registered in another state or jurisdiction, an insurance card or other evidence of insurance is valid if it complies with the laws of the state or jurisdiction.

 

(Source:  Amended at 15 Ill. Reg. 15605, effective October 15, 1991)

 

Section 8010.30  Document Requirements for Other Evidence of Insurance

 

a)         If an insured owner has lost or has not yet received an insurance card from his/her insurance company, or is the resident of another state or jurisdiction other evidences of insurance may be carried in the vehicle for display to a law enforcement officer.  These include but are not limited to the following:

 

1)         A current policy declarations page.

 

2)         A certificate of insurance.

 

3)         An insurance binder.

 

4)         The combination of proof of purchase of the motor vehicle within the previous sixty (60) days and a current insurance card issued for the motor vehicle replaced by such purchase.  Proof of purchase shall include but not be limited to the following items:

 

A)        bill of sale;

 

B)        purchase agreement;

 

C)        installment contract;

 

D)        copy of front and back of title;

 

E)        the registration identification card showing transfer information; or

 

F)         Illinois Department of Revenue tax form.

 

5)         A receipt for payment of a current liability insurance premium.

 

b)         Except where noted, all information items listed are required on a binder, certificate of insurance, and a premium receipt for the document to qualify as evidence of insurance.  The minimum requirements are:

 

1)         company name;

 

2)         policy number – not required on a binder or premium receipt;

 

3)         effective date;

 

4)         expiration date or number of days from the effective date;

 

5)         name of insured(s);

 

6)         vehicle year;

 

7)         vehicle make;

 

8)         either all or the last six characters of the vehicle identification number (VIN);

 

9)         date of premium payment – required only on a receipt; and

 

10)         signature of authorized representative.

 

c)         Documents issued with a fleet policy may state "FLEET" in lieu of vehicle years, makes and VINs.  Documents issued with a non-owner policy may state "NON-OWNER POLICY" in lieu of vehicle year, make and VIN.

 

(Source:  Amended at 15 Ill. Reg. 15605, effective October 15, 1991)

 

Section 8010.40  Mandatory Vehicle Insurance Verification Form

 

a)         As provided in Section 7-604 of the Act, the Secretary of State may randomly sample motor vehicles subject to Section 7-601 of the Act  to determine whether the motor vehicles are insured.

 

b)         The Secretary shall send to the owners of the randomly selected motor vehicles or to randomly selected motor vehicles owners an insurance verification form which must be completely filled out and returned to the Department within thirty (30) days.

 

c)         The vehicle owner shall supply the following insurance verification information:

 

1)         whether the vehicle was insured on the verification date specified, and the reason no insurance existed for the vehicle if not insured;

 

2)         the name of the insurance company that insures the motor vehicle;

 

3)         the policy number;

 

4)         the effective date of the policy and the expiration date of the policy;

 

5)         the owner's signature.

 

d)         The insurance verification form shall indicate clearly the date on which the form must be returned to the Department.

 

e)         The insurance verification form also shall contain the owner's drivers license number, the license plate number, the vehicle identification number (VIN), and the model and year of the vehicle.

 

f)         An owner shall be given a forty-five (45) day notice that his/her vehicle registration shall be suspended for one of the following reasons:

 

1)         the owner does not return the insurance verification form within thirty (30) days;

 

2)         the insurance verification form is not completely filled out;

 

3)         the vehicle owner replies that the vehicle is not insured and does not qualify for an exemption; or

 

4)         if the information supplied by the vehicle owner is not verified in the insurance company's response.

            The registration suspension shall be cancelled (if the suspension has not yet become effective) or rescinded (if the suspension has become effective) if the owner presents to the Department evidence as required by this Part of insurance in effect on the verification date.

 

Section 8010.50  Insurance Company Verification

 

a)         The Department shall verify with the named insurance company the information provided on the Mandatory Vehicle Insurance Verification Form. The request for verification may be a computer list, computer tape, or other forms as prescribed by the Secretary of State.  The verification response shall be completed on the forms supplied by the Secretary of State.

 

b)         If, after 30 days, an insurance company has not responded to the request for verification, then the Department shall make a second request for the verification within thirty (30) days.  If the insurance company still fails to reply, the Department shall notify the Department of Insurance.

 

Section 8010.60  Suspension Notices

 

The suspension notice pursuant to Section 7-606 of the Act shall be mailed at least fourteen (14) days before the suspension is to begin.  The suspension notice shall be sent to the vehicle owner's last known address.

 

Section 8010.70  Termination of a Suspension for a Violation of the Mandatory Insurance Law

 

After the statutorily required period of suspension of the vehicle registration, the vehicle owner shall have the suspension cleared if the owner has paid the statutorily required reinstatement fee provided in Sections 7-606 or 7-607 of the Act and provided to the Department evidence of insurance in effect on the reinstatement date.

 

Section 8010.80  Exemption For Certain Religious Organizations

 

a)         In order to qualify for the exemption from the Mandatory Insurance requirement as specified in Section 7-609 of the Act, the religious organization shall submit the following to the Secretary of State:  

 

1)         evidence that it has paid or, by agreement with the other party or parties involved, is paying in a timely manner for all damages for which it was liable for over the past two years;

 

2)         a letter of credit;

 

3)         a complete description of each motor vehicle covered by the letter of credit including the make, model, year, vehicle identification number (V.I.N.) and the current Illinois registration plate number;

 

4)         a complete listing of vehicle owners' drivers license numbers which correspond to each vehicle covered by the letter of credit; and

 

5)         the name of an individual or individuals who will serve as a designated organization representative in communication with the office. The listing shall include the representatives' names, addresses and telephone numbers.

 

b)         The letter of credit shall be irrevocable and meet the criteria provided in Section 7-609 of the Act and shall guarantee coverage of $20,000 and $40,000 for bodily injury or death of one or more persons and $15,000 for property damage for a combined single limit coverage per vehicle per accident of $55,000.  The amount of the letter of credit shall be issued in accordance with the following formula:  

 

Number of Vehicles

Letter of Credit Amount

 

 

1-99

$110,000

100-149

$165,000

150-199

$220,000

200-249

$275.000

250-299

$330,000

300-349

$385,000

 

 

 

            The scale shall continue at the progressive amounts of $55,000 per each additional 50 vehicles.

 

c)         The letter of credit shall name the financial institution issuing the letter of credit as the "issuer," the religious organization receiving the letter of credit as the "customer," and the licensed corporate trustee as the "beneficiary" (see Ill. Rev. Stat. 1989, ch. 17, par. 1551-5.05). The "beneficiary" shall, as a result of a court judgment or at the request of the customer, draw upon the letter of credit to compensate in the amount of the judgment any person or persons to whom the religious organization is liable for damages as the result of ownership, maintenance, use or operation of a motor vehicle.

 

d)         Upon the granting of a religious organization exemption status, the Secretary of State shall issue a certificate of exemption for each motor vehicle covered by the letter of credit that shall serve as evidence of insurance in accordance with Section 7-602 of the Act.  If at any time the exempted religious organization no longer meets the minimum requirements of this Section, the religious organization shall be required to return each certificate of exemption.  Certificates of exemption which are lost, stolen or mutilated shall be reported to the Secretary of State for reissuance and the Secretary of State shall report all pertinent information to law enforcement authorities having jurisdiction in such matters.

 

e)         Religious organizations requesting or submitting exemption status instructions, affirmation statement applications or any other related documents shall write or call:  

 

Office of the Secretary of State

Mandatory Insurance Division

Springfield, Illinois 62756

217/524-4946

 

(Source:  Added at 14 Ill. Reg. 19369, effective December 1, 1990)