93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB4992


 
Introduced 02/05/04, by Ron Stephens, Mike Bost, Jim Watson, Robert W. Pritchard, Michael P. McAuliffe
 
SYNOPSIS AS INTRODUCED:
 		
















625 ILCS 5/7-202
  from Ch. 95 1/2, par. 7-202


625 ILCS 5/7-211
  from Ch. 95 1/2, par. 7-211







    Amends the Illinois Vehicle Code. Provides that a person required to post security after an accident is exempt from that requirement while serving in the United States Armed Forces outside of the United States.
















LRB093 18638 DRH 44364 b

















 


 


A BILL FOR









 











HB4992

LRB093 18638 DRH 44364 b






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    AN ACT concerning vehicles.

 
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    Be it enacted by the People of the State of Illinois,
 
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represented in the General Assembly:


 
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    Section 5. The Illinois Vehicle Code is amended  by changing 
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Sections 7-202 and 7-211 as follows:
 



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    (625 ILCS 5/7-202)  (from Ch. 95 1/2, par. 7-202)



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    Sec. 7-202. Exceptions to requirements of security. 

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    (a) The requirements
as to security and suspension as 
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provided by Sections 7-201 and 7-205 shall not apply:

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        1.  To the driver or owner if such owner had in effect 
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    at the time of such
motor vehicle accident a liability 
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    policy covering such driver and owner
with respect to the 
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    vehicle involved in such motor vehicle
accident;

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        2.  To the driver, if not the owner of such vehicle, if 
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    there
was in effect at the time of such motor vehicle 
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    accident a liability policy
or bond with respect to the 
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    operation of motor vehicles not owned by the driver;

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        3.  To the driver or owner if the liability of such 
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    driver or owner for
damages resulting from such motor 
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    vehicle accident is covered by any other
form of liability 
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    insurance policy or bond;

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        4. To the driver or owner, if such owner is qualified 
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    as a
self-insurer as provided in Section 7-502;

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        5. To the owner if such owner at the time of such motor 
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    vehicle accident
was in compliance with Section 8-101 or 
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    Section 9-101;

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        6. To the driver or owner if such owner at the time of 
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    such motor vehicle
accident was in compliance with the 
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    Federal Revised Interstate Commerce Act
(P.L. 95-473), as 
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    now or hereafter amended;

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        7. To the owner if the vehicle involved in such motor 
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    vehicle accident
was owned by the United States, this State 
 


 






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    or any political sub-division of
this State, any 
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    municipality therein, or any local Mass Transit District;

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        8. To the driver or the owner of a vehicle involved in 
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    a motor vehicle
accident wherein no injury or damage was 
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    caused to the person or
property of any one other than such 
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    driver or owner;

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        9. To the driver or the owner of a vehicle which at the 
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    time of the motor
vehicle accident was parked, unless such 
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    vehicle was parked at a place where
parking was at the time 
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    of the accident prohibited under any applicable
law or 
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    ordinance;

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        10. To the owner of a vehicle if at the time of the 
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    motor vehicle accident
the vehicle was being operated 
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    without his permission, express or implied,
or was parked 
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    by a person who had been operating such motor
vehicle 
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    without such permission;

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        11. To the driver, if not the owner, of a commercial 
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    motor vehicle on
which there was no liability policy or 
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    bond with respect to the
operation of such vehicle in 
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    effect at the time of the motor vehicle accident
when the 
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    driver was operating the vehicle in
the course of the 
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    driver's employment and had
no actual knowledge of such 
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    lack of a liability policy or bond prior to
the motor 
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    vehicle accident; .

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        12. To the driver or owner of a vehicle, while on 
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    active duty, serving in the Armed Forces of the United 
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    States outside of the United States.

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    (b) If at the time of the motor vehicle accident, an owner 
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or
driver is covered by a motor vehicle liability policy or 
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bond meeting the
requirements of this Code, such owner or 
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driver shall be exempt
from suspension under Section 7-205 as 
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to that motor vehicle accident,
if the company issuing the 
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policy or bond has failed, and such policy or
bond was not 
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effective at the time of the motor vehicle accident or
any time 
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thereafter, provided, that the owner or driver had no knowledge

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of the company's failure prior to the motor vehicle accident, 
 


 






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and such
owner or driver has secured within 30 days after 
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learning of such failure
another liability policy or bond 
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meeting the requirements of the Code relating
to future 
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occurrences or motor vehicle accidents.

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    As used in this paragraph, the words "failed" or "failure"

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mean that the company has suspended operations by order of a 
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court.

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(Source: P.A. 85-293.)

 



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    (625 ILCS 5/7-211)  (from Ch. 95 1/2, par. 7-211)



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    Sec. 7-211. Duration of suspension. 

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    (a) Unless a suspension is terminated
under other 
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provisions of this Code, the driver's license or registration

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and nonresident's operating privilege suspended as provided in 
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Section
7-205 shall remain suspended and shall not be renewed 
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nor shall any
license or registration be issued to the person 
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until:


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        1. The person deposits or there shall
be deposited and 
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    filed on
the person's behalf the security required under 
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    Section 7-201;


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        2. Two years have elapsed following the date the 
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    driver's license
and registrations were suspended and 
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    evidence satisfactory to the Secretary
of State that during 
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    the period no action for damages arising
out of a
motor 
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    vehicle accident has been properly filed;


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        3. Receipt of proper notice that the person has filed 
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    bankruptcy which
would include all claims for personal 
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    injury and property damage resulting
from the accident; or


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        4. After the expiration of 5 years from the date of the 
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    accident, the
Secretary of State has not received 
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    documentation that any action at law
for damages arising 
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    out of the motor vehicle accident has been filed against

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    the person; or .

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        5. Receipt of proper notice that the person is exempt 
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    from the requirements as to security and suspension under 
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    Section 7-202.

 


 






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    An affidavit that no action at law for damages arising
out 
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of the motor vehicle accident has been filed against the 
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applicant,
or if filed that it is not still pending shall be 
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prima facie evidence
of that fact. The Secretary of State may 
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take whatever steps are necessary
to verify the statement set 
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forth in the applicant's affidavit.

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    (b) The driver's license or registration and nonresident's 
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operating
privileges suspended as provided in Section 7-205 
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shall also remain suspended
and shall not be renewed nor shall 
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any license or registration be issued to the
person until the 
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person gives proof of his or her financial responsibility in

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the future as provided in Section 1-164.5.  The proof is to be

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maintained by the
person in a manner satisfactory to the 
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Secretary of State for a period of 3
years after the date the 
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proof is first filed.

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(Source: P.A. 90-264, eff. 1-1-98; 91-80, eff. 7-9-99.)