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Information maintained by the Legislative Reference Bureau
Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide.
Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
(625 ILCS 5/Ch. 1 heading) CHAPTER 1.
TITLE AND DEFINITIONS
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(625 ILCS 5/1-100) (from Ch. 95 1/2, par. 1-100)
Sec. 1-100. Short Title. This Act may be cited as the
Illinois Vehicle Code.
Portions of this Act may likewise be cited by a short title
as follows:
Chapters 2, 3, 4 and 5: the Illinois Vehicle Title & Registration
Law.
Chapter 6: the Illinois Driver Licensing Law.
Chapter 7: the Illinois Safety and Family Financial Responsibility Law.
Chapter 11: the Illinois Rules of the Road.
Chapter 12: the Illinois Vehicle Equipment Law.
Chapter 13: the Illinois Vehicle Inspection Law.
Chapter 14: the Illinois Vehicle Equipment Safety Compact.
Chapter 15: the Illinois Size and Weight Law.
Chapter 17: the Illinois Highway Safety Law.
Chapter 18a: the Illinois Commercial Relocation of Trespassing Vehicles Law.
Chapter 18b: the Illinois Motor Carrier Safety Law.
Chapter 18c: the Illinois Commercial Transportation Law. Chapter 18d: The Illinois Commercial Safety Towing Law.
(Source: P.A. 95-562, eff. 7-1-08.)
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(625 ILCS 5/1-101) (from Ch. 95 1/2, par. 1-101)
Sec. 1-101.
Definition of words and phrases.
The following words and phrases
when used in this Code shall, for the purpose of this Code, have
the meanings respectively ascribed to them in this Chapter,
except when the context otherwise requires and except where another definition
set forth in another Chapter of this Code and applicable to
that Chapter or a designated part thereof is applicable.
(Source: P.A. 83-831.)
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(625 ILCS 5/1-101.05)
Sec. 1-101.05.
Abandoned vehicle.
For the purposes of Chapter 4,
"abandoned vehicle" means any vehicle in a state of disrepair rendering the
vehicle incapable of being driven in its condition or any vehicle that has not
been moved or used for 7 consecutive days or more and is apparently deserted.
(Source: P.A. 90-89, eff. 1-1-98.)
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(625 ILCS 5/1-101.1) (from Ch. 95 1/2, par. 1-101.1)
Sec. 1-101.1.
Act.
The word "Act" as used in this Code shall, unless
the context otherwise clearly indicates, mean "The Illinois Vehicle Code".
(Source: P.A. 82-123.)
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(625 ILCS 5/1-101.1a)
Sec. 1-101.1a.
Administrative decision.
The term "administrative
decision" is defined as in Section 3-101 of the Code of Civil Procedure.
(Source: P.A. 90-89, eff. 1-1-98.)
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(625 ILCS 5/1-101.2) (from Ch. 95 1/2, par. 1-101.2)
Sec. 1-101.2. Affirmation. A signed statement to the effect that the
information provided by the signer is true and correct. The affirmation
shall subject any person who shall knowingly affirm falsely, in matter
material to any issue or point in question, to the penalties
inflicted by law on persons convicted of perjury under
Section 32-2 of the Criminal Code of 2012.
(Source: P.A. 97-1150, eff. 1-25-13.)
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(625 ILCS 5/1-101.3) (from Ch. 95 1/2, par. 1-101.3)
Sec. 1-101.3.
(Repealed).
(Source: P.A. 83-1473. Repealed by P.A. 90-89, eff. 1-1-98.)
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(625 ILCS 5/1-101.5)
Sec. 1-101.5. Agency. For the purposes of Chapter
13C, "Agency" means the
Illinois Environmental Protection Agency.
(Source: P.A. 96-328, eff. 8-11-09.)
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(625 ILCS 5/1-101.6)
Sec. 1-101.6. (Repealed).
(Source: P.A. 90-89, eff. 1-1-98. Repealed by P.A. 94-739, eff. 5-5-06.)
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(625 ILCS 5/1-101.8) (from Ch. 95 1/2, par. 1-102.02)
Sec. 1-101.8. All-terrain vehicle. Any motorized off-highway device
designed to travel primarily off-highway,
50 inches or less in width, having a manufacturer's dry weight of 1,500 pounds
or less, traveling on 3 or more non-highway tires, designed with a seat or
saddle for operator use, and handlebars or steering wheel
for steering control, except equipment such as lawnmowers.
(Source: P.A. 96-428, eff. 8-13-09.)
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(625 ILCS 5/1-102) (from Ch. 95 1/2, par. 1-102)
Sec. 1-102.
Alley.
A public way within a block, generally giving access to the rear of lots
or buildings and not used for general traffic circulation.
(Source: P.A. 76-1586.)
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(625 ILCS 5/1-102.01) (from Ch. 95 1/2, par. 1-102.01)
Sec. 1-102.01.
Ambulance.
Any publicly or privately owned vehicle which
is specifically designed, constructed or modified and equipped, and is intended
to be used for, and is maintained or operated for the emergency transportation
of persons who are sick, injured, wounded or otherwise incapacitated or helpless.
(Source: P.A. 82-433.)
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(625 ILCS 5/1-102.02) (from Ch. 95 1/2, par. 1-102.02)
Sec. 1-102.02.
(Blank).
(Source: Renumbered as 625 ILCS 5/1-101.8 by P.A. 90-89, eff. 1-1-98.)
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(625 ILCS 5/1-102.1) (from Ch. 95 1/2, par. 1-102.1)
Sec. 1-102.1.
Antique vehicle.
A motor vehicle that is more than 25 years of age or a bonafide replica
thereof and which is driven on the highways only going to and returning
from an antique auto show or an exhibition, or for servicing or
demonstration, or a fire-fighting vehicle more than 20 years old which is
not used as fire-fighting equipment but is used only for the purpose of
exhibition of demonstration.
(Source: P.A. 78-667.)
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(625 ILCS 5/1-102.2) (from Ch. 95 1/2, par. 1-102.2)
Sec. 1-102.2.
Apportionable semitrailer.
Through March 31, 1996, an
apportionable semitrailer is a semitrailer that is paying
annual fees to a foreign jurisdiction under the provisions of the
International Registration Plan.
Beginning April 1, 1996, an apportionable semitrailer is a semitrailer used
in interstate commerce and registered with an apportioned power fleet.
(Source: P.A. 89-245, eff. 1-1-96.)
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(625 ILCS 5/1-102.3) (from Ch. 95 1/2, par. 1-102.3)
Sec. 1-102.3.
Apportionable trailer.
A trailer involved in interstate
commerce.
(Source: P.A. 87-1040.)
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(625 ILCS 5/1-103) (from Ch. 95 1/2, par. 1-103)
Sec. 1-103. Approved driver education course. (a) Any course of driver education approved by the State Board of Education,
offered by public or private schools maintaining
grades 9 through 12, and meeting at least the minimum requirements of
the "Driver Education Act", as now or hereafter amended, (b) any
course of driver education offered by a school licensed to give driver
education instructions under this Act which meets at least the minimum
educational requirements of the "Driver Education Act", as now or
hereafter amended, and is approved by the State Board of Education,
(c) any course of driver education
given in another State
to an Illinois resident attending school in such State and approved by
the State administrator of the Driver Education Program of such other
State, or (d) any course of driver education given at a Department of Defense Education Activity school that is approved by the Department of Defense Education Activity and taught by an adult driver education instructor or traffic safety officer.
(Source: P.A. 96-740, eff. 1-1-10.)
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(625 ILCS 5/1-104) (from Ch. 95 1/2, par. 1-104)
Sec. 1-104.
(Repealed).
(Source: P.A. 76-1586. Repealed by P.A. 90-89, eff. 1-1-98.)
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(625 ILCS 5/1-104.1) (from Ch. 95 1/2, par. 1-104.1)
Sec. 1-104.1.
Article.
The word "Article" as used in this Code shall,
unless the context otherwise clearly indicates, mean an Article of a Chapter
of "The Illinois Vehicle Code".
(Source: P.A. 82-123.)
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(625 ILCS 5/1-104.2) Sec. 1-104.2. Autocycle. A 3-wheel motor vehicle that has a steering wheel and seating that does not require the operator to straddle or sit astride it.
(Source: P.A. 98-777, eff. 1-1-15.) |
(625 ILCS 5/1-105) (from Ch. 95 1/2, par. 1-105)
Sec. 1-105. Authorized emergency vehicle. Emergency vehicles of municipal departments or public service
corporations as are designated or authorized by proper State, county, or local authorities;
police vehicles; vehicles of the fire department; vehicles of a HazMat or technical rescue team authorized by a county board under Section 5-1127 of the Counties Code; ambulances;
vehicles of the Illinois Department of Corrections; vehicles of the Illinois Department of Juvenile Justice; vehicles of the Illinois Emergency Management Agency; vehicles of the Office of the Illinois State Fire Marshal; mine rescue and explosives emergency response vehicles of the Department of Natural Resources; vehicles of the Illinois Department of Public Health; vehicles of the Illinois State Toll Highway Authority with a gross vehicle weight rating of 9,000 pounds or more and those identified as Highway Emergency Lane Patrol; vehicles of the Illinois Department of Transportation identified as Emergency Traffic Patrol; and vehicles of a municipal or county emergency services and disaster agency, as defined by the Illinois Emergency Management Agency Act.
(Source: P.A. 103-190, eff. 1-1-24.)
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(625 ILCS 5/1-105.1) Sec. 1-105.1. Automated speed enforcement system violation. A violation described in Section 11-208.8 of this Code.
(Source: P.A. 97-672, eff. 7-1-12.) |
(625 ILCS 5/1-105.2)
Sec. 1-105.2. Automated traffic law violation. A violation described in Section 11-208.6, 11-208.9, or 11-1201.1 of this Code.
(Source: P.A. 98-556, eff. 1-1-14.) |
(625 ILCS 5/1-105.2a) Sec. 1-105.2a. Automobile transporter. Any vehicle combination designed and used for the transport of assembled vehicles, including truck camper units, and includes its use when transporting other cargo or general freight on a backhaul while in compliance with the weight limitations for a truck tractor and semitrailer combination.
(Source: P.A. 99-717, eff. 8-5-16.) |
(625 ILCS 5/1-105.3)
Sec. 1-105.3. Automotive parts recycler. A person who is in the business
of acquiring previously owned vehicles and vehicle parts for the primary
purpose of disposing of parts of vehicles in a manner other than that described
in the definition of a "scrap processor" in this Code or disposing of previously owned vehicles in the manner described in the definition of a "scrap processor" in this Code.
(Source: P.A. 97-832, eff. 7-20-12.)
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(625 ILCS 5/1-105.4) Sec. 1-105.4. Auxiliary power unit, or APU. Small engines used on commercial trucks to provide power for auxiliary loads, such as heating, air conditioning, and lighting in sleeper berths, which allows the operator to shut off the main engine while resting. Auxiliary power units may also be referred to as idle reduction units.
(Source: P.A. 97-201, eff. 1-1-12.) |
(625 ILCS 5/1-105.5)
Sec. 1-105.5. (Repealed).
(Source: P.A. 90-86, eff. 7-10-97. Repealed by P.A. 94-795, eff. 5-22-06.)
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(625 ILCS 5/1-105.6)
Sec. 1-105.6.
Axle load.
The total load transmitted to the road by all
wheels whose centers may be included between 2 parallel transverse vertical
planes 40 inches apart extending across the full width of the vehicle.
(Source: P.A. 90-89, eff. 1-1-98.)
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(625 ILCS 5/1-105.7) Sec. 1-105.7. Backhaul. The return trip of a vehicle transporting cargo or general freight, especially when carrying goods back over all or part of the same route.
(Source: P.A. 99-717, eff. 8-5-16.) |
(625 ILCS 5/1-106) (from Ch. 95 1/2, par. 1-106) Sec. 1-106. Bicycle. Every human-powered device and every low-speed electric bicycle, as defined in Section 1-140.10, with 2 or more wheels not less than 12 inches in diameter, operable pedals, and designated seats for the transportation of one or more persons.(Source: P.A. 104-141, eff. 1-1-26.) |
(625 ILCS 5/1-106.5)
Sec. 1-106.5.
Bumper.
Any device or system of devices
protruding from
and attached to the front and rear of a motor vehicle that has been designed
to be used to absorb the impact of a collision. For the purposes of
this Code, a
bumper also includes a device or system of devices similar in design to those
with which
new motor vehicles are equipped.
(Source: P.A. 92-61, eff. 1-1-02.)
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(625 ILCS 5/1-107) (from Ch. 95 1/2, par. 1-107)
Sec. 1-107.
Bus.
Every motor vehicle, other than a commuter van, designed
for carrying more than 10 persons.
(Source: P.A. 82-1011.)
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(625 ILCS 5/1-108) (from Ch. 95 1/2, par. 1-108)
Sec. 1-108.
Business district.
The territory contiguous to and including a highway when within any 600
feet along such highway there are buildings in use for business or
industrial purposes, including but not limited to hotels, banks, or office
buildings, railroad stations and public buildings which occupy at least 300
feet of frontage on one side or 300 feet collectively on both sides of the
highway.
(Source: P.A. 76-1586.)
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(625 ILCS 5/1-109.01) (from Ch. 95 1/2, par. 1-109.01)
Sec. 1-109.01.
Camping trailer.
A trailer, not used commercially,
constructed with partial side walls which fold for towing and unfold to
provide temporary living quarters for recreational camping or travel use
and of a size or weight not requiring an overdimension permit when towed
on a highway.
(Source: P.A. 81-969.)
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(625 ILCS 5/1-110) (from Ch. 95 1/2, par. 1-110)
Sec. 1-110.
Cancellation of driver's license.
The annulment or termination by formal action of the Secretary of a
person's driver's license because of some error or defect in the license or
because the licensee is no longer entitled to such license, but, with the
exception of Sections 6-107, 6-108 and 6-201, the
cancellation of a license is without prejudice and application for a new
license may be made at any time after such cancellation.
(Source: P.A. 86-1450.)
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(625 ILCS 5/1-110.05) Sec. 1-110.05. Catalytic converter. "Catalytic converter" means a post-combustion device that: (1) oxidizes hydrocarbons and carbon monoxide gases or reduces oxides of nitrogen; and (2) is designed or intended for use as part of an emission control system. As used in this Section, "catalytic converter" includes nonferrous parts, including rhodium, platinum, and palladium. (Source: P.A. 103-677, eff. 1-1-25.) |
(625 ILCS 5/1-110.1) (from Ch. 95 1/2, par. 1-110.1)
Sec. 1-110.1.
(Blank).
(Source: Renumbered as 625 ILCS 5/1-111.1b by P.A. 90-89, eff. 1-1-98.)
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(625 ILCS 5/1-110.1a) Sec. 1-110.1a. CDL Driver. A person holding a CDL or a person required to hold a CDL.
(Source: P.A. 98-176 (see Section 10 of P.A. 98-722 and Section 10 of P.A. 99-414 for the effective date of changes made by P.A. 98-176).) |
(625 ILCS 5/1-110.2) (from Ch. 95 1/2, par. 1-110.2)
Sec. 1-110.2.
Certificate of purchase.
A bill of sale given to a
licensee making an acquisition of a vehicle under Sections 4-208 and 4-209
of this Code.
(Source: P.A. 83-1528.)
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(625 ILCS 5/1-110a) (from Ch. 95 1/2, par. 1-110a)
Sec. 1-110a.
(Blank).
(Source: Renumbered as 625 ILCS 5/1-111.1c by P.A. 90-89, eff. 1-1-98.)
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(625 ILCS 5/1-111) (from Ch. 95 1/2, par. 1-111)
Sec. 1-111.
(Repealed).
(Source: P.A. 81-1452. Repealed by P.A. 90-89, eff. 1-1-98.)
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(625 ILCS 5/1-111.1) (from Ch. 95 1/2, par. 1-111.1)
Sec. 1-111.1.
Chapter.
The word "Chapter" as used in this Code shall,
unless the context otherwise clearly indicates, mean a Chapter of "The Illinois
Vehicle Code".
(Source: P.A. 82-123.)
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(625 ILCS 5/1-111.1a) (from Ch. 95 1/2, par. 1-171.01)
Sec. 1-111.1a. Charitable vehicle.
(a) Any vehicle that is exclusively owned and operated
by a religious or charitable
not-for-profit organization and is used primarily in conducting the official
activities of such organization.
(b) This definition does not include:
(1) a bus operated by a public utility, municipal | ||
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(2) a school bus as defined in Section 1-182 of this | ||
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(3) a First Division vehicle, other than one designed | ||
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(Source: P.A. 96-607, eff. 8-24-09.)
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(625 ILCS 5/1-111.1b) (from Ch. 95 1/2, par. 1-110.1)
Sec. 1-111.1b.
Chassis.
Every frame or supportive element of a vehicle
whether or not a manufacturer's identification number, serial number, or
other identifying numbers are present on said part.
(Source: P.A. 90-89, eff. 1-1-98.)
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(625 ILCS 5/1-111.1c) (from Ch. 95 1/2, par. 1-110a)
Sec. 1-111.1c.
Chassis manufacturer.
A person who
manufactures and
produces the frame upon which is mounted the body of a motor vehicle.
(Source: P.A. 90-89, eff. 1-1-98.)
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(625 ILCS 5/1-111.2) (from Ch. 95 1/2, par. 1-111.2)
Sec. 1-111.2.
Code.
The word "Code" as used in this Act shall, unless
the context otherwise clearly indicates, mean "The Illinois Vehicle Code".
(Source: P.A. 82-123.)
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(625 ILCS 5/1-111.3)
Sec. 1-111.3.
Collection costs.
Collection costs consist of
reasonable costs incurred in locating the owner, lienholder, or other legally
entitled persons, and demanding payment, together with court costs and
reasonable attorney's fees as determined by the court.
(Source: P.A. 89-433, eff. 12-15-95.)
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(625 ILCS 5/1-111.4)
Sec. 1-111.4.
Commerce.
Trade, commerce, or transportation.
(Source: P.A. 90-89, eff. 1-1-98.)
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(625 ILCS 5/1-111.5)
Sec. 1-111.5.
(Repealed).
(Source: P.A. 90-89, eff. 1-1-98. Repealed by P.A. 98-176 (see Section 10 of P.A. 98-722 and Section 10 of P.A. 99-414 for the effective date of changes made by P.A. 98-176).)
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(625 ILCS 5/1-111.6)
Sec. 1-111.6. Commercial driver's license (CDL). A license
issued to an individual by a state or other jurisdiction of domicile, in accordance with the standards contained in 49 C.F.R. Part 383,
which authorizes the individual to operate a
class of a commercial motor vehicle.
(Source: P.A. 98-176 (see Section 10 of P.A. 98-722 and Section 10 of P.A. 99-414 for the effective date of changes made by P.A. 98-176).)
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(625 ILCS 5/1-111.7)
Sec. 1-111.7.
Commercial driver license information system (CDLIS).
The
information system established, pursuant to the Commercial Motor Vehicle Safety
Act of 1986 (CMVSA) (49 U.S.C. 2701 et seq.), to serve as a clearinghouse for
locating information related to the licensing and identification of commercial
motor vehicle drivers.
(Source: P.A. 90-89, eff. 1-1-98.)
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(625 ILCS 5/1-111.7a) Sec. 1-111.7a. Commercial Learner's Permit (CLP). A permit issued to an individual by a state or other jurisdiction of domicile, in accordance with the standards contained in 49 C.F.R. Part 383, which, when carried with a valid driver's license issued by the same state or jurisdiction of domicile, authorizes the individual to operate a class of commercial motor vehicle when accompanied by a holder of a valid CDL for purposes of behind-the-wheel training. When issued to a CDL holder, a CLP serves as authorization for accompanied behind-the-wheel training in a commercial motor vehicle for which the holder's current CDL is not valid.
(Source: P.A. 98-176 (see Section 10 of P.A. 98-722 and Section 10 of P.A. 99-414 for the effective date of changes made by P.A. 98-176).) |
(625 ILCS 5/1-111.8) (from Ch. 95 1/2, par. 1-114)
Sec. 1-111.8.
Commercial vehicle.
Any vehicle operated for
the
transportation of persons or property in the furtherance of any
commercial or industrial enterprise, For-Hire or Not-For-Hire, but not
including a commuter van, a vehicle used in a ridesharing arrangement
when being used for that purpose, or a recreational vehicle not being
used commercially.
(Source: P.A. 90-89, eff. 1-1-98.)
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(625 ILCS 5/1-111.9) (from Ch. 95 1/2, par. 1-114.1)
Sec. 1-111.9.
Commuter van.
A motor vehicle designed for
the transportation
of not less than 7 nor more than 16 passengers, which is:
(1) used in a ridesharing arrangement; or (2) owned or leased by or on behalf
of a company or an employee organization
and operated on a non-profit basis with the primary purpose of
transporting employees of the company between the employees' homes and
the company's place of business or a public transportation station and
in which the operating, administrative, maintenance and reasonable
depreciation costs are paid principally by the persons utilizing the commuter
van.
(Source: P.A. 90-89, eff. 1-1-98.)
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(625 ILCS 5/1-112) (from Ch. 95 1/2, par. 1-112)
Sec. 1-112.
Controlled Access Highway.
Every highway, street or roadway in respect to which owners or occupants
of abutting lands and other persons have no legal right of access to or
from the same except at such points only and in such manner as may be
determined by the public authority having jurisdiction over such highway,
street or roadway.
(Source: P.A. 76-1586.)
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(625 ILCS 5/1-112.1) (from Ch. 95 1/2, par. 1-112.1)
Sec. 1-112.1.
Conversion.
A motor vehicle, other than a motor home,
which has been modified by a person other than the manufacturer of the
chassis of the motor vehicle and which has not been the subject of a
retail sale.
(Source: P.A. 86-971.)
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(625 ILCS 5/1-112.2) (from Ch. 95 1/2, par. 1-112.2)
Sec. 1-112.2.
Converter or second stage manufacturer.
A person who
prior to the retail sale of a
motor vehicle, assembles, installs or affixes a body, cab, or special
equipment to a chassis, or who adds, subtracts from, or modifies a
previously assembled or manufactured motor vehicle.
(Source: P.A. 90-89, eff. 1-1-98.)
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(625 ILCS 5/1-112.3) (from Ch. 95 1/2, par. 1-112.3)
Sec. 1-112.3.
Converter Dolly.
A vehicle consisting of a chassis
equipped with one or more axles, a fifth wheel or an equivalent mechanism,
and draw bar, the attachment of which converts a semitrailer to a full
trailer.
(Source: P.A. 87-1203.)
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(625 ILCS 5/1-112.5) (from Ch. 95 1/2, par. 1-114.2)
Sec. 1-112.5.
Counterfeit.
To copy or imitate, without
legal authority,
with the intent of deceiving or defrauding.
(Source: P.A. 90-89, eff. 1-1-98.)
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(625 ILCS 5/1-112.7)
Sec. 1-112.7.
Court.
A court of law, traffic tribunal, or circuit court
of Illinois, including a judge of a court of law, traffic tribunal, or circuit
court of Illinois.
(Source: P.A. 90-89, eff. 1-1-98.)
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(625 ILCS 5/1-112.8) Sec. 1-112.8. Covered heavy duty tow and recovery vehicle. A vehicle transporting a disabled vehicle from the place where the vehicle became disabled to the nearest repair facility, having a gross weight that is equal to or exceeds the gross vehicle weight of the disabled vehicle being transported.
(Source: P.A. 99-717, eff. 8-5-16.) |
(625 ILCS 5/1-113) (from Ch. 95 1/2, par. 1-113)
Sec. 1-113.
Crosswalk.
(a) That part of a roadway
at an intersection included within the connections of the lateral lines
of the sidewalks on opposite sides of the highway measured from the curbs
or, in the absence
of curbs, from the edges of the traversable roadway, and in the absence
of a sidewalk on one side of the highway, that part of the highway included
within the extension of the lateral line of the existing sidewalk to the
side of the highway without the sidewalk, with such extension forming a
right angle to the centerline of the highway;
(b) Any portion of a roadway at an intersection or elsewhere distinctly
indicated for pedestrian crossing by lines or other markings on the surface
placed in accordance with the provisions in the Manual adopted by the
Department of Transportation as authorized in Section 11-301.
(Source: P.A. 83-831.)
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(625 ILCS 5/1-113.1)
Sec. 1-113.1. Custom vehicle. A motor vehicle that is at
least 25 years of age and of a model year after 1948 or a custom vehicle
manufactured to resemble a vehicle at least 25 years of age and of a model
year after 1948 and has been
altered from the manufacturer's original design or has a
body constructed from non-original materials
and which is
maintained for occasional transportation,
exhibitions, club activities, parades, tours, and similar uses
and which is not used for general daily transportation.
(Source: P.A. 96-487, eff. 1-1-10.)
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(625 ILCS 5/1-114) (from Ch. 95 1/2, par. 1-114)
Sec. 1-114.
(Blank).
(Source: Renumbered as 625 ILCS 5/1-111.8 by P.A. 90-89, eff. 1-1-98.)
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(625 ILCS 5/1-114.1) (from Ch. 95 1/2, par. 1-114.1)
Sec. 1-114.1.
(Blank).
(Source: Renumbered as 625 ILCS 5/1-111.9 by P.A. 90-89, eff. 1-1-98.)
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(625 ILCS 5/1-114.2) (from Ch. 95 1/2, par. 1-114.2)
Sec. 1-114.2.
(Blank).
(Source: Renumbered as 625 ILCS 5/1-112.5 by P.A. 90-89, eff. 1-1-98.)
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(625 ILCS 5/1-115) (from Ch. 95 1/2, par. 1-115)
Sec. 1-115.
Dealer.
Every person engaged in the business of acquiring or disposing of
vehicles or their essential parts and who has an established place of
business for such purpose.
(Source: P.A. 83-1473.)
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(625 ILCS 5/1-115.01) Sec. 1-115.01. Detached catalytic converter. "Detached catalytic converter" means a catalytic converter, as defined in Section 1-110.05 of this Code, that was previously installed on a motor vehicle and subsequently removed. (Source: P.A. 103-677, eff. 1-1-25; 104-417, eff. 8-15-25.) |
(625 ILCS 5/1-115.05) Sec. 1-115.05. Department. The Department of Transportation of the State of Illinois, acting directly or through its duly authorized officers and agents, except that: (i) in Chapter 5 and Articles X and XI of Chapter 3 of this Code, "Department" means the Department of Revenue of the State of Illinois; and (ii) in Chapter 18B, "Department" means the Illinois State Police.(Source: P.A. 104-25, eff. 10-1-25.) |
(625 ILCS 5/1-115.07)
Sec. 1-115.07.
Derelict vehicle.
Any inoperable, unregistered, discarded
motor vehicle, regardless of title, having lost its character as a substantial
property and left unattended without justification on the owner's land contrary
to the public policy expressed in Section 4-301 of this Code.
(Source: P.A. 90-89, eff. 1-1-98.)
|
(625 ILCS 5/1-115.1) (from Ch. 95 1/2, par. 1-115.1)
Sec. 1-115.1.
Disposition of vehicle or vehicle part.
The purchase,
exchange, transfer, sale, assignment or other change of ownership or
possession or the junking or wrecking of a vehicle or vehicle part.
(Source: P.A. 83-1473.)
|
(625 ILCS 5/1-115.3)
Sec. 1-115.3. Disqualification. Disqualification means any of the following 3 actions: (a) The suspension, revocation, or cancellation of a | ||
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(b) Any withdrawal of a person's privileges to drive | ||
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(c) A determination by the Federal Motor Carrier | ||
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(Source: P.A. 98-176 (see Section 10 of P.A. 98-722 and Section 10 of P.A. 99-414 for the effective date of changes made by P.A. 98-176).)
|
(625 ILCS 5/1-115.5)
Sec. 1-115.5.
Domicile.
A true, fixed, and permanent legal home of a
person or the place to which the person intends to return even though the
person may reside elsewhere. As a further explanation, "A person may have more
than one residence but only one domicile".
(Source: P.A. 90-89, eff. 1-1-98.)
|
(625 ILCS 5/1-115.6)
Sec. 1-115.6.
Domiciliary.
A person who is domiciled.
(Source: P.A. 90-89, eff. 1-1-98.)
|
(625 ILCS 5/1-115.8)
Sec. 1-115.8.
Drive.
To drive, operate, or be in physical control of a
motor vehicle.
(Source: P.A. 90-89, eff. 1-1-98.)
|
(625 ILCS 5/1-116) (from Ch. 95 1/2, par. 1-116)
Sec. 1-116.
Driver.
Every person who drives or is in actual physical control of a vehicle.
(Source: P.A. 76-1586.)
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(625 ILCS 5/1-116.1) (from Ch. 95 1/2, par. 1-116.1)
Sec. 1-116.1.
Driver's license.
Any license to operate a motor
vehicle issued under the laws of this State.
(Source: P.A. 84-1394.)
|
(625 ILCS 5/1-117) (from Ch. 95 1/2, par. 1-117)
Sec. 1-117.
Driver License Compact.
The Driver License Compact set forth in Chapter 6 of this Act.
(Source: P.A. 76-1586.)
|
(625 ILCS 5/1-117.5)
Sec. 1-117.5. Driver's license or permit making implement. Any material, hardware, or software that is
specially
designed for or primarily used in the manufacture, assembly, issuance, or authentication of
an official driver's license or permit issued by the Secretary of State.
(Source: P.A. 93-895, eff. 1-1-05.)
|
(625 ILCS 5/1-117.7)
Sec. 1-117.7.
Electric personal assistive mobility device.
A
self-balancing
2 non-tandem wheeled device designed to transport only one
person with an electric propulsion system
that limits the maximum speed of the device to
15 miles per hour or less.
(Source: P.A. 92-868, eff. 6-1-03.)
|
(625 ILCS 5/1-118) (from Ch. 95 1/2, par. 1-118)
Sec. 1-118. Essential parts. All integral and body parts of a vehicle
of a type required to be registered hereunder, the removal, alteration or
substitution of which would tend to conceal the identity of the vehicle or
substantially alter its appearance, model, type or mode of operation.
"Essential parts" includes the following: vehicle hulks, shells, chassis,
frames, front end assemblies (which may consist of headlight, grill,
fenders and hood), front clip (front end assembly with cowl attached), rear
clip (which may consist of quarter panels, fenders, floor and top), doors,
hatchbacks, fenders, cabs, cab clips, cowls, hoods, trunk lids, deck lids, bed, front bumper, rear bumper,
transmissions, seats, engines, and similar parts. "Essential parts"
also includes fairings, fuel tanks, and forks of motorcycles. "Essential parts" shall also include stereo radios.
An essential part which does not have affixed to it an identification
number as defined in Section 1-129 adopts the identification number of the
vehicle to which such part is affixed, installed or mounted.
"Essential parts" does not include an engine, transmission, or a rear axle that is used in a glider kit. (Source: P.A. 99-748, eff. 8-5-16; 100-409, eff. 8-25-17; 100-863, eff. 8-14-18.)
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(625 ILCS 5/1-118.1) Sec. 1-118.1. Expanded-use antique vehicle. A motor vehicle that is more than 25 years of age or a bona fide replica thereof and which is registered and driven on the highways in accordance with Section 3-804.01. "Expanded-use antique vehicle" does not include a commercial vehicle, as defined under Section 1-111.8, or a farm truck, as defined under Section 3-815. (Source: P.A. 104-105, eff. 8-1-25.) |
(625 ILCS 5/1-119) (from Ch. 95 1/2, par. 1-119)
Sec. 1-119.
Explosives.
Any chemical compound or mechanical mixture that is commonly used or
intended for the purpose of producing an explosion and which contains any
oxidizing and combustive units or other ingredients in such proportions,
quantities or packing that an ignition by fire, by friction, by concussion,
by percussion or by detonator of any part of the compound or mixture may
cause such a sudden generation of highly heated gases that the resultant
gaseous pressures are capable of producing destructive effects on
contiguous objects or of destroying life or limb.
(Source: P.A. 76-1586.)
|
(625 ILCS 5/1-119.3)
Sec. 1-119.3.
Expressway.
A freeway with full control access and with
grade separations at intersections.
(Source: P.A. 90-89, eff. 1-1-98.)
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(625 ILCS 5/1-119.6)
Sec. 1-119.6.
Farm to market agricultural transportation.
The operation
of
a motor vehicle controlled and operated by a farmer who is a private motor
carrier of property, who is using the vehicle to transport agricultural
products to or from a farm operated by the farmer or to transport farm
machinery or farm supplies to or from a farm operated by the farmer, and who
is
not using the commercial vehicle to transport hazardous materials of a type or
quantity that requires the vehicle to be placarded in accordance with the
Illinois Hazardous Materials Transportation Act.
(Source: P.A. 90-89, eff. 1-1-98.)
|
(625 ILCS 5/1-120) (from Ch. 95 1/2, par. 1-120)
Sec. 1-120.
Farm tractor.
Every motor vehicle designed and used
primarily as a farm implement for drawing wagons, plows, mowing machines
and other implements of husbandry, and every implement of husbandry which
is self propelled, excluding all-terrain vehicles and off-highway
motorcycles as defined in this Code.
(Source: P.A. 85-830; 85-1010.)
|
(625 ILCS 5/1-120.5)
Sec. 1-120.5.
Fifth wheel assembly.
A coupling device connecting 2 or
more vehicles operating in combination. The lower half of a fifth wheel
assembly
mounted on a truck tractor or converter dolly must be secured to the frame of
that vehicle with properly designed brackets, mounting plates, or angles and
properly tightened bolts of adequate size and grade or devices that provide
equivalent security. The installation shall not cause cracking, warping, or
deformation of the frame. The installation shall include a device for
positively preventing the lower half of the fifth wheel assembly from shifting
on the
frame to which it is attached.
The upper half of a fifth wheel assembly must be fastened to the motor
vehicle with at
least the same security required for the installation of the lower half on a
truck tractor or converter dolly.
Every fifth wheel assembly shall have a locking mechanism. The locking
mechanism and any adapter used in conjunction with it must prevent separation
of the upper and lower halves of the fifth wheel assembly unless a positive
manual release is activated. The release may be located so that the driver can
operate it from the cab. If a motor vehicle has a fifth wheel assembly
designed and
constructed to be readily separable, the fifth wheel assembly locking devices
shall
apply
automatically on coupling.
The lower half of a fifth wheel assembly shall be located so that,
regardless
of the
condition of loading, the relationship between the kingpin and the rear axle or
axles of the towing motor vehicle will properly distribute the gross weight of
both the towed and towing vehicles on the axles of those vehicles, will not
unduly interfere with the steering, braking, and other maneuvering of the
towing vehicle, and will not otherwise contribute to unsafe operation of the
vehicles comprising the combination. The upper half of a fifth wheel assembly
shall be
located so that the weight of the vehicles is properly distributed on their
axles and the combination of vehicles will operate safely during normal
operation.
(Source: P.A. 90-89, eff. 1-1-98.)
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(625 ILCS 5/1-120.7) Sec. 1-120.7. Fire department vehicle. Any vehicle, recreational off-highway vehicle, all-terrain vehicle, watercraft, aircraft, bicycle, or electric personal assistive mobility device that is designated or authorized by proper local authorities for fire department use.(Source: P.A. 104-304, eff. 8-15-25.) |
(625 ILCS 5/1-121) (from Ch. 95 1/2, par. 1-121)
Sec. 1-121.
Flammable liquid.
Any liquid which has a flash point of 70
degrees Fahrenheit, or less, as determined by a tagliabue or
equivalent closed-cup test device.
(Source: P.A. 91-357, eff. 7-29-99.)
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(625 ILCS 5/1-122) (from Ch. 95 1/2, par. 1-122)
Sec. 1-122.
Fleet.
1 or more commercial motor vehicles.
(Source: P.A. 79-1041.)
|
(625 ILCS 5/1-122.1) (from Ch. 95 1/2, par. 1-122.1)
Sec. 1-122.1.
Fleet safety vehicle.
Any motor vehicle which
is used to supervise operations of vehicles of the second division on the
highway so as to promote safety and legal operations of such second division vehicle.
(Source: P.A. 79-870.)
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(625 ILCS 5/1-122.5) (from Ch. 95 1/2, par. 1-124)
Sec. 1-122.5.
For-hire.
The operation of a vehicle for compensation and subject to federal
regulation by the Interstate Commerce Commission or to state regulation by
the Illinois Commerce Commission and those vehicles governed by Chapters
8 and 9 under this Code and regulated by the Secretary of State.
(Source: P.A. 90-89, eff. 1-1-98.)
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(625 ILCS 5/1-122.7)
Sec. 1-122.7.
For-profit ridesharing arrangement.
The transportation by
motor vehicle of not more than 16 persons, including the driver, for which a
fee is charged in accordance with Section 6 of the Ridesharing Arrangements
Act.
(Source: P.A. 90-89, eff. 1-1-98.)
|
(625 ILCS 5/1-123) (from Ch. 95 1/2, par. 1-123)
Sec. 1-123.
Foreign vehicle.
Every vehicle of a type required to be registered hereunder brought into
this State from another State, territory or country other than in the
ordinary course of business by or through a manufacturer or dealer and not
registered in this State.
(Source: P.A. 76-1586.)
|
(625 ILCS 5/1-123.1) (from Ch. 95 1/2, par. 1-123.1)
Sec. 1-123.1.
(Repealed).
(Source: P.A. 83-1473. Repealed by P.A. 90-89, eff. 1-1-98.)
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(625 ILCS 5/1-123.2) Sec. 1-123.2. Former military vehicle. A vehicle or trailer, regardless of size, weight, or year of manufacture, that was manufactured for use in any country's military forces and is maintained to depict or represent military design or markings. A former military vehicle does not include a vehicle used for any commercial or production agriculture purpose.
(Source: P.A. 97-811, eff. 7-13-12.) |
(625 ILCS 5/1-123.3)
Sec. 1-123.3.
Frame.
The main longitudinal structural members of the
chassis of the vehicle or, for vehicles with unitized body construction, the
lowest main longitudinal structural members of the body of the vehicle.
(Source: P.A. 90-89, eff. 1-1-98.)
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(625 ILCS 5/1-123.4)
Sec. 1-123.4.
Fraudulent driver's license or permit.
Any license or
permit that purports to be an official driver's license or permit for which a
computerized number and file have not been created by the Secretary of State or
other official driver's license agency in another jurisdiction.
(Source: P.A. 90-89, eff. 1-1-98.)
|
(625 ILCS 5/1-123.5)
Sec. 1-123.5.
Freeway.
A highway or street especially designed for
through traffic and to, from, or over which owners of or persons having an
interest in abutting land or other persons have no right or easement or only a
limited right or easement of access, crossing, light, air, or view by reason of
the fact that the property abuts upon the highway or street or for any other
reason.
(Source: P.A. 90-89, eff. 1-1-98.)
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(625 ILCS 5/1-123.7)
Sec. 1-123.7.
Garbage.
Any material or load consisting of waste from the
facilities of the generator of the waste when transported for disposal or to a
permitted recycling or waste processing facility when the generator receives no
direct or indirect compensation from anyone for the material or load and when
transported by a truck specially equipped with a selfcompactor or an
industrial roll-off hoist and roll-off container.
(Source: P.A. 90-89, eff. 1-1-98.)
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(625 ILCS 5/1-123.8) Sec. 1-123.8. Glider kit. A motor vehicle of the second division that includes a chassis, cab, front axle, and other essential parts, except for an engine, transmission, or rear axle.
(Source: P.A. 99-748, eff. 8-5-16.) |
(625 ILCS 5/1-123.9) Sec. 1-123.9. Golf cart. A vehicle specifically designed and intended for the purposes of transporting one or more persons and their golf clubs or maintenance equipment while engaged in the playing of golf, supervising the play of golf, or maintaining the condition of the grounds on a public or private golf course.
(Source: P.A. 96-279, eff. 1-1-10.) |
(625 ILCS 5/1-124) (from Ch. 95 1/2, par. 1-124)
Sec. 1-124.
(Blank).
(Source: Renumbered as 625 ILCS 5/1-122.5 by P.A. 90-89, eff. 1-1-98.)
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(625 ILCS 5/1-124.1) (from Ch. 95 1/2, par. 1-124.1)
Sec. 1-124.1.
Grey Market Vehicle.
A vehicle not originally
manufactured in compliance with U. S. emission or safety standards.
(Source: P.A. 86-444.)
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(625 ILCS 5/1-124.3) Sec. 1-124.3. Gross Combination Weight Rating (GCWR). GCWR is the greater of: (1) a value specified by the manufacturer of the | ||
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(2) the sum of the gross vehicle weight ratings | ||
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(Source: P.A. 99-57, eff. 7-16-15.) |
(625 ILCS 5/1-124.5)
Sec. 1-124.5. Gross Vehicle Weight Rating (GVWR). The value specified by
the manufacturer as the loaded weight of a single
vehicle.
(Source: P.A. 99-57, eff. 7-16-15.)
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(625 ILCS 5/1-125) (from Ch. 95 1/2, par. 1-125)
Sec. 1-125.
Gross weight.
The weight of a vehicle whether operated singly or in combination
without load plus the weight of the load thereon.
(Source: P.A. 76-1586.)
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(625 ILCS 5/1-125.9)
Sec. 1-125.9. Highly restricted personal information. An individual's photograph or image, signature, social security number, personal email address,
and
medical or disability information.
(Source: P.A. 97-835, eff. 7-20-12.) |
(625 ILCS 5/1-126) (from Ch. 95 1/2, par. 1-126)
Sec. 1-126.
Highway.
The entire width between the boundary lines of every way publicly
maintained when any part thereof is open to the use of the public for
purposes of vehicular travel or located on public school property.
(Source: P.A. 92-780, eff. 8-6-02.)
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(625 ILCS 5/1-126.1)
Sec. 1-126.1. Highway designations. The Department of Transportation may
designate streets
or
highways in the system of State highways as follows:
(a) Class I highways include interstate highways, | ||
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(b) Class II highways include State highways and | ||
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(c) (Blank).
(d) Non-designated highways include State highways | ||
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(Source: P.A. 101-328, eff. 1-1-20.)
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(625 ILCS 5/1-125.7)
Sec. 1-125.7.
Headset receiver.
Any device, other than a hearing aid,
designed to be worn on a person's head that enables the wearer to hear or
receive electronic communications.
(Source: P.A. 90-89, eff. 1-1-98.)
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(625 ILCS 5/1-128) (from Ch. 95 1/2, par. 1-128)
Sec. 1-128.
House trailer.
(a) A trailer or semitrailer equipped and used for
living quarters or for human habitation (temporarily or permanently)
rather than for the transportation of freight, goods, wares and
merchandise; or
(b) A house trailer or a semitrailer which is used commercially
(temporarily or permanently), that is, for the advertising, sales,
display or promotion of merchandise or services, or for any other
commercial purpose except the transportation of property for hire or the
transportation of property for distribution by a private carrier.
(Source: P.A. 81-969.)
|
(625 ILCS 5/1-129) (from Ch. 95 1/2, par. 1-129)
Sec. 1-129. Identification Number. The numbers and letters, if any,
on a vehicle or essential part, affixed by its manufacturer, the
Illinois Secretary of State or the Illinois State Police for
the purpose of identifying the vehicle or essential part, or which is
required to be affixed to the vehicle or part by federal or state law.
(Source: P.A. 102-538, eff. 8-20-21.)
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(625 ILCS 5/1-129.1)
Sec. 1-129.1. Ignition interlock device, breath alcohol ignition interlock device (BAIID). A device installed in a motor
vehicle that prevents the vehicle from starting until the device has determined
by an analysis of the driver's breath that the driver's breath alcohol is below
a certain preset level.
(Source: P.A. 96-1526, eff. 2-14-11.)
|
(625 ILCS 5/1-130) (from Ch. 95 1/2, par. 1-130)
Sec. 1-130.
Implement of husbandry.
Every vehicle designed and adapted exclusively for agricultural,
horticultural, or livestock raising operations, including farm wagons,
wagon trailers or like vehicles used in connection therewith, or for
lifting or carrying an implement of husbandry provided that no farm
wagon, wagon trailer or like vehicle having a gross weight of more than
36,000 pounds, shall be included
hereunder.
(Source: P.A. 81-327.)
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(625 ILCS 5/1-131) (from Ch. 95 1/2, par. 1-131)
Sec. 1-131.
Improved highway.
Any roadway of concrete, brick, asphalt, macadam and crushed stone or
gravel.
(Source: P.A. 76-1586.)
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(625 ILCS 5/1-131.5) Sec. 1-131.5. In-line speed skates. A manufactured or assembled device consisting of an upper portion that is intended to be secured to a human foot, with a frame or chassis attached along the length of the bottom of the upper portion, with the frame or chassis holding 2 or more wheels that are longitudinally aligned and used to skate or glide by means of human foot and leg power while having the device attached to each foot or leg. The upper portion may not extend more than 2 inches above the wearer's ankle joint.
(Source: P.A. 97-1023, eff. 1-1-13.) |
(625 ILCS 5/1-132) (from Ch. 95 1/2, par. 1-132)
Sec. 1-132. Intersection.
(a) The area embraced within the prolongation or connection of the lateral
curb lines, or, if none, then the lateral boundary lines of the roadways of
two highways which join one another at, or approximately at, right angles
or the area within which vehicles traveling upon different roadways joining
at any other angle may come in conflict.
(b) Where a highway includes two roadways 40 feet or more apart, then
every crossing of each roadway of such divided highway by an intersecting
highway shall be regarded as a separate intersection.
(c) The junction of an alley with a street or highway does not
constitute an intersection.
(Source: P.A. 100-201, eff. 8-18-17.)
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(625 ILCS 5/1-133) (from Ch. 95 1/2, par. 1-133)
Sec. 1-133.
Interstate or Interstate Commerce.
Transportation between 2 or more States or transportation originating in
one State and passing into or through other States for delivery in another
State, and which is not intrastate.
(Source: P.A. 76-1586.)
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(625 ILCS 5/1-133.05)
Sec. 1-133.05.
Interstate carrier of property.
Any person who is engaged
in the transportation of property only by motor vehicle in whole or in part
in interstate or foreign commerce in this State either with or without
authority issued from the Interstate Commerce Commission.
(Source: P.A. 90-89, eff. 1-1-98.)
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(625 ILCS 5/1-133.1) (from Ch. 95 1/2, par. 1-133.1)
Sec. 1-133.1.
Interstate highway.
Any highway which is now, or shall
hereafter be, a part of the national system of interstate and defense
highways within this State.
(Source: P.A. 85-830.)
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(625 ILCS 5/1-134) (from Ch. 95 1/2, par. 1-134)
Sec. 1-134.
Intrastate or Intrastate Commerce.
Transportation originating at any point or place within this State and
destined to any other point or place within this State, irrespective of the
route, highway or highways traversed, and including transportation which
passes into or through another State before delivery is made within this
State, and including any act of transportation which includes or completes
a pickup within Illinois for delivery within Illinois.
(Source: P.A. 76-1586.)
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(625 ILCS 5/1-134.1) (from Ch. 95 1/2, par. 1-134.1)
Sec. 1-134.1. Junk vehicle. A junk vehicle is a vehicle which has
been or is being disassembled,
crushed, compressed, flattened, destroyed or otherwise
reduced to a state in which it no longer can be
returned to an operable state, or has been branded or assigned as junk or a similar designation by another state or jurisdiction.
(Source: P.A. 100-450, eff. 1-1-18.)
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(625 ILCS 5/1-135) (from Ch. 95 1/2, par. 1-135)
Sec. 1-135.
Lane-control signal.
An official traffic control device consisting of an electrically
controlled and illuminated signal of a square or rectangular design and
employing distinctive colors or symbols used to control the direction of
vehicular flow on the particular lane to which the indication applies.
(Source: P.A. 76-2122.)
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(625 ILCS 5/1-136) (from Ch. 95 1/2, par. 1-136)
Sec. 1-136.
Laned roadway.
A roadway which is divided into two or more clearly marked lanes for
vehicular traffic.
(Source: P.A. 76-1586.)
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(625 ILCS 5/1-136.5)
Sec. 1-136.5.
Law enforcement agency.
Every governmental enforcement
agency or officer having authority to enforce the provisions of this Act
or applicable local vehicle ordinances.
(Source: P.A. 90-89, eff. 1-1-98.)
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(625 ILCS 5/1-137) (from Ch. 95 1/2, par. 1-137)
Sec. 1-137.
Lease.
A written document vesting exclusive possession, use, control and
responsibility of the lessee during the periods the vehicle is operated
by or for the lessee for a
specific period of time.
(Source: P.A. 81-501.)
|
(625 ILCS 5/1-137.5)
Sec. 1-137.5. Legal name. The full given name and surname of an individual as recorded at birth, recorded at marriage, or deemed as the correct legal name for use in reporting income by the Social Security Administration or the name as otherwise established through legal action that appears on the associated official document presented to the Secretary of State.
(Source: P.A. 93-895, eff. 1-1-05.) |
(625 ILCS 5/1-138) (from Ch. 95 1/2, par. 1-138)
Sec. 1-138.
License to drive.
Any driver's license or any other license or permit to operate a motor
vehicle issued under the laws of this State including:
1. Any temporary license or instruction permit;
2. The privilege of any person to drive a motor vehicle whether or not
such person holds a valid license or permit.
3. Any nonresident's driving privilege as defined herein.
(Source: P.A. 76-1586.)
|
(625 ILCS 5/1-138.1) (from Ch. 95 1/2, par. 1-138.1)
Sec. 1-138.1.
Licensee.
A person licensed or required to be licensed under
Sections 5-101, 5-102, 5-201 and 5-301 of this Code.
(Source: P.A. 83-1473.)
|
(625 ILCS 5/1-139) (from Ch. 95 1/2, par. 1-139)
Sec. 1-139.
Lienholder.
A person holding a security interest in a vehicle.
(Source: P.A. 76-1586.)
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(625 ILCS 5/1-139.1)
Sec. 1-139.1.
Limousine.
Any privately owned first division vehicle
intended to be used for the transportation of persons for-hire when the payment
is not based on a meter charge, but is prearranged for a designated
destination.
(Source: P.A. 88-415.)
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(625 ILCS 5/1-140) (from Ch. 95 1/2, par. 1-140)
Sec. 1-140.
Local authorities.
Every county, municipal and other local board or body having authority
to enact laws relating to traffic under the constitution and laws of this
State and each road district highway commissioner having that authority.
(Source: P.A. 93-177, eff. 7-11-03.)
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(625 ILCS 5/1-140.5)
Sec. 1-140.5.
Local mass transit system.
An organized system providing
passenger transportation over regular routes within a designated municipality
or area.
(Source: P.A. 90-89, eff. 1-1-98.)
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(625 ILCS 5/1-140.7) Sec. 1-140.7. Low-speed vehicle. Any 4-wheeled vehicle with a maximum speed greater than 20 miles per hour but not greater than 25 miles per hour that conforms with the federal motor vehicle safety standards set forth in 49 C.F.R. Part 571.500.
(Source: P.A. 96-653, eff. 1-1-10.) |
(625 ILCS 5/1-140.10) Sec. 1-140.10. Low-speed electric bicycle. A bicycle equipped with fully operable pedals and an electric motor of less than 750 watts that meets the requirements of one of the following classes: (a) "Class 1 low-speed electric bicycle" means a | ||
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(b) "Class 2 low-speed electric bicycle" means a | ||
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(c) "Class 3 low-speed electric bicycle" means a | ||
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A "low-speed electric bicycle" is not a moped or a motor driven cycle.
(Source: P.A. 100-209, eff. 1-1-18.) |
(625 ILCS 5/1-140.11) Sec. 1-140.11. Low-speed electric scooter. A device weighing less than 100 pounds, with 2 or 3 wheels, handlebars, and a floorboard that can be stood upon while riding, that is solely powered by an electric motor and human power, and whose maximum speed, with or without human propulsion, is no more than 10 miles per hour. "Low-speed electric scooter" does not include a moped or motor-driven cycle.
(Source: P.A. 103-899, eff. 8-9-24.) |
(625 ILCS 5/1-140.15) Sec. 1-140.15. Low-speed gas bicycle. A 2-wheeled or 3-wheeled device with fully operable pedals and a gasoline motor of less than one horsepower or 15 cubic centimeter displacement that is operated at speeds of less than 20 miles per hour.(Source: P.A. 103-706, eff. 1-1-25.) |
(625 ILCS 5/1-141) (from Ch. 95 1/2, par. 1-141)
Sec. 1-141.
Mail.
To deposit in the United States mail properly addressed and with postage
prepaid.
(Source: P.A. 76-1586.)
|
(625 ILCS 5/1-142) (from Ch. 95 1/2, par. 1-142)
Sec. 1-142.
Manufacturer.
Every person engaged in the business of manufacturing and assembling
vehicles or reconstructed vehicles, or engine and driveline components for
vehicles.
(Source: P.A. 76-1798.)
|
(625 ILCS 5/1-142.01) (from Ch. 95 1/2, par. 1-142.01)
Sec. 1-142.01.
Materially altered vehicle.
Any
vehicle which has been
modified, rebuilt, repaired, reconstructed, restored or specially constructed.
(Source: P.A. 83-1473.)
|
(625 ILCS 5/1-142.3) Sec. 1-142.3. Military series registration plate. Any registration plate that may only be issued to an applicant based on some aspect of the applicant's military service.
(Source: P.A. 101-262, eff. 1-1-20.) |
(625 ILCS 5/1-142.05)
Sec. 1-142.05.
Maxi-cube vehicle.
A combination of vehicles consisting of
a truck-tractor, upon which is mounted a separable cargo carrying semi-trailer,
and a
trailing unit that is attached by a pintle hook or similar connection, with the
separable cargo carrying semi-trailer designed so as to be loaded and unloaded
through the trailing unit, except that the entire combination shall not exceed
65 feet in length and that neither the semi-trailer nor the trailing unit in
the combination shall by itself exceed 34 feet in length.
(Source: P.A. 90-89, eff. 1-1-98.)
|
(625 ILCS 5/1-142.1) (from Ch. 95 1/2, par. 1-142.1)
Sec. 1-142.1.
Medical Carrier.
Any publicly or privately owned vehicle
which is specifically designed, constructed or modified and equipped, and
is intended to be used for, and is maintained or operated for the nonemergency
transportation of persons for compensation for the purpose of obtaining
medical services.
(Source: P.A. 82-433.)
|
(625 ILCS 5/1-142.1a)
Sec. 1-142.1a.
(Repealed).
(Source: P.A. 90-89, eff. 1-1-98. Repealed by P.A. 92-703, eff. 7-19-02.)
|
(625 ILCS 5/1-142.1b)
Sec. 1-142.1b.
Medical limitation or condition.
A scientifically
recognized condition that may medically impair a person's physical or mental
health to the extent the person is unable to safely operate a motor vehicle.
(Source: P.A. 90-89, eff. 1-1-98.)
|
(625 ILCS 5/1-142.2) (from Ch. 95 1/2, par. 1-142.2)
Sec. 1-142.2.
Medical transport vehicle.
Includes ambulances, medical
carriers, and rescue vehicles.
(Source: P.A. 82-433.)
|
(625 ILCS 5/1-143) (from Ch. 95 1/2, par. 1-143)
Sec. 1-143.
(Repealed).
(Source: P.A. 76-2123. Repealed by P.A. 90-89, eff. 1-1-98.)
|
(625 ILCS 5/1-144) (from Ch. 95 1/2, par. 1-144)
Sec. 1-144.
(Repealed).
(Source: P.A. 76-1586. Repealed by P.A. 90-89, eff. 1-1-98.)
|
(625 ILCS 5/1-144.01) Sec. 1-144.01. Mobile carrying device. (a) An electrically powered device that: (1) is operated by a mobile carrying device operator | ||
| ||
(2) weighs less than 90 pounds, excluding cargo; (3) has a maximum speed of 12.5 miles per hour; (4) is equipped with a technology to transport | ||
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(5) is primarily designed to remain within 10 feet of | ||
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(b) A mobile carrying device is not considered a vehicle unless expressly defined by law as a vehicle.
(Source: P.A. 101-123, eff. 7-26-19.) |
(625 ILCS 5/1-144.02) Sec. 1-144.02. Mobile carrying device operator. A person exercising control over the mobile carrying device.
(Source: P.A. 101-123, eff. 7-26-19.) |
(625 ILCS 5/1-144.03) Sec. 1-144.03. Mobile home or manufactured home. A mobile home or manufactured home means a manufactured home as defined in subdivision (53) of Section 9-102 of the Uniform Commercial Code.
(Source: P.A. 98-749, eff. 7-16-14.) |
(625 ILCS 5/1-144.05)
Sec. 1-144.05.
Model year.
The year of manufacture of a vehicle based
upon
the annual production period of the vehicle as designated by the manufacturer
and indicated on the title and registration of the vehicle. If the
manufacturer does not designate a production period for the vehicle, then
"model year" means the calendar year of manufacture.
(Source: P.A. 90-89, eff. 1-1-98.)
|
(625 ILCS 5/1-144.1) (from Ch. 95 1/2, par. 1-144.1)
Sec. 1-144.1.
Modified vehicle.
Every vehicle of a type required to
be registered under this Code altered by the addition, deletion, or modification
of the body, chassis, component or essential parts, new or used.
(Source: P.A. 83-831.)
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(625 ILCS 5/1-144.5) Sec. 1-144.5. Monitoring device driving permit. A permit that allows a person whose driver's license has been summarily suspended under Section 11-501.1 to drive a vehicle, for the applicable period described in Section 6-206.1, if the vehicle is equipped with an ignition interlock device as defined in Section 1-129.1.
(Source: P.A. 95-400, eff. 1-1-09.) |
(625 ILCS 5/1-145) (from Ch. 95 1/2, par. 1-145)
Sec. 1-145.
Motor carrier.
An operator of For-Hire vehicles pursuant to the Illinois Motor Carrier
of Property Law.
(Source: P.A. 76-1586.)
|
(625 ILCS 5/1-145.001) (from Ch. 95 1/2, par. 1-148)
Sec. 1-145.001.
Motor driven cycle.
Every motorcycle and every motor
scooter with less than 150 cubic centimeter piston displacement including
motorized pedalcycles.
(Source: P.A. 90-89, eff. 1-1-98.)
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(625 ILCS 5/1-145.01) (from Ch. 95 1/2, par. 1-145.01)
Sec. 1-145.01.
Motor home, mini motor home or van camper.
A
self-contained motor vehicle, not used commercially, designed or
permanently converted to provide living quarters for recreational, camping
or travel use, with direct walk through access to the living quarters from
the driver's seat. Such vehicles must include at least four of the following:
a) A cooking facility with an on-board fuel source;
b) A gas or electric refrigerator;
c) A toilet with exterior evacuation;
d) A heating or air conditioning system with an on-board power or fuel
source separate from the vehicle engine;
e) A potable water supply system that includes at least a sink, a
faucet, and a water tank with an exterior service supply connection;
f) A 110-125 volt electric power supply.
(Source: P.A. 86-971.)
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(625 ILCS 5/1-146) (from Ch. 95 1/2, par. 1-146)
Sec. 1-146. Motor vehicle. Every vehicle which is self-propelled and
every vehicle which is
propelled by electric power obtained from overhead trolley wires, but not
operated upon rails, except for vehicles moved solely by human power,
motorized wheelchairs, low-speed electric bicycles, and low-speed gas bicycles. For this Act, motor vehicles are divided into two
divisions:
First Division: Those motor vehicles which are designed for the carrying
of not more than 10 persons.
Second Division: Those motor vehicles which are designed for carrying
more than 10 persons, those motor vehicles designed or used for living
quarters, those
motor vehicles which are designed for pulling or carrying freight, cargo
or implements of husbandry, and those motor vehicles of
the First Division remodelled for use and used
as motor vehicles of the Second Division.
(Source: P.A. 96-125, eff. 1-1-10.)
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(625 ILCS 5/1-146.5) Sec. 1-146.5. Motor vehicle crash data. Any information generated from a motor vehicle crash report or supplemental report, but shall not include a copy of the motor vehicle crash report or supplemental report, personally identifying information as defined in Section 1-159.2 of this Code, or any other information disclosure of which is prohibited by law.
(Source: P.A. 102-982, eff. 7-1-23.) |
(625 ILCS 5/1-147) (from Ch. 95 1/2, par. 1-147)
Sec. 1-147. Motorcycle.
Every motor vehicle having a seat or saddle for the use of the rider and
designed to travel on not more than 3 wheels in contact with the ground,
but excluding an autocycle or tractor.
(Source: P.A. 98-777, eff. 1-1-15.)
|
(625 ILCS 5/1-148) (from Ch. 95 1/2, par. 1-148)
Sec. 1-148.
(Blank).
(Source: Renumbered as 625 ILCS 5/1-145.001 by P.A. 90-89, eff. 1-1-98.)
|
(625 ILCS 5/1-148.1) (from Ch. 95 1/2, par. 1-148.1)
Sec. 1-148.1.
(Blank).
(Source: Renumbered as 625 ILCS 5/1-148.3b by P.A. 90-89, eff. 1-1-98.)
|
(625 ILCS 5/1-148.2) (from Ch. 95 1/2, par. 1-148.2)
Sec. 1-148.2. Moped. A moped is a motor-driven
cycle, with or without optional power derived from manually operated pedals, whose speed attainable in one mile is at least 20 mph but not greater than 30 mph, and is equipped
with a motor that produces 2 brake horsepower or less.
If an internal combustion engine is used, the displacement shall not exceed
50 cubic centimeter displacement and the power drive system shall not require
the operator to shift gears.
(Source: P.A. 96-554, eff. 1-1-10.)
|
(625 ILCS 5/1-148.3) (from Ch. 95 1/2, par. 1-148.3)
Sec. 1-148.3.
Motorized wheelchair.
Any self-propelled vehicle, including
a three-wheeled vehicle, designed for and used by a person with disabilities,
that is incapable of a speed in excess of 8 miles per hour on level ground.
(Source: P.A. 88-685, eff. 1-24-95.)
|
(625 ILCS 5/1-148.3a)
Sec. 1-148.3a.
Muffler.
A device consisting of a series of chambers
or baffle plates or other mechanical design for the purpose of receiving
exhaust gas from an internal combustion engine or turbine wheels for the
purpose of receiving exhaust gas from a diesel engine, all of which are
effective in reducing noise.
(Source: P.A. 90-89, eff. 1-1-98.)
|
(625 ILCS 5/1-148.3a-5) Sec. 1-148.3a-5. Multifunction school activity bus. A multifunction school activity bus (MFSAB) means a school bus manufactured for the purpose of transporting 11 or more persons, including the driver, whose purposes do not include transporting students to and from home or school bus stops. A MFSAB is prohibited from meeting the special requirements for school buses in Sections 12-801, 12-803, and 12-805 and subsection (a) of Section 12-802 of this Code.(Source: P.A. 104-367, eff. 1-1-26.) |
(625 ILCS 5/1-148.3b) (from Ch. 95 1/2, par. 1-148.1)
Sec. 1-148.3b.
Multipurpose passenger vehicle.
A motor vehicle with motive
power, except a trailer, designed to carry 10 persons or less that is
constructed either on a truck chassis or with special features for occasional
off-road operation.
(Source: P.A. 90-89, eff. 1-1-98.)
|
(625 ILCS 5/1-148.3m)
Sec. 1-148.3m. (Repealed).
(Source: P.A. 96-1434, eff. 8-11-10. Repealed by P.A. 97-144, eff. 7-14-11.)
|
(625 ILCS 5/1-148.4) (from Ch. 95 1/2, par. 1-148.4)
Sec. 1-148.4.
New Vehicle.
A new vehicle which has not been previously
sold to any person except a franchised distributor or franchised new vehicle
dealer.
(Source: P.A. 86-444.)
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(625 ILCS 5/1-148.5)
Sec. 1-148.5.
News media.
A newspaper or other periodical issued at
regular intervals whether in print or electronic format, a news
service whether in print or electronic format, a radio station, a
television station, a television network, a
community antenna television service, or a person or corporation engaged in
making news reels or other motion picture news for public showing.
(Source: P.A. 92-335, eff. 8-10-01.)
|
(625 ILCS 5/1-148.5a) Sec. 1-148.5a. Non-CDL. Any other type of motor vehicle license, such as an automobile driver's license or a motorcycle license.
(Source: P.A. 98-176 (see Section 10 of P.A. 98-722 and Section 10 of P.A. 99-414 for the effective date of changes made by P.A. 98-176).) |
(625 ILCS 5/1-148.6) (from Ch. 95 1/2, par. 1-151)
Sec. 1-148.6.
Noncommercial vehicle.
Any vehicle that is not a commercial
vehicle.
(Source: P.A. 90-89, eff. 1-1-98.)
|
(625 ILCS 5/1-148.8)
Sec. 1-148.8.
Nondivisible load or vehicle.
A load or vehicle that when
separated into
smaller loads or vehicles further dismantling would:
(1) Compromise the intended use of the load or vehicle or make it unable
to
perform the function for which it was intended.
(2) Destroy the value of the load or vehicle or make it unusable for its
intended purpose.
(3) Require more than 8 work hours to dismantle using
appropriate
equipment. The applicant for a nondivisible load has the burden of proof as to
the number of work hours required to dismantle the load.
(Source: P.A. 90-89, eff. 1-1-98.)
|
(625 ILCS 5/1-149) (from Ch. 95 1/2, par. 1-149)
Sec. 1-149.
Nonresident.
Every person who is not a resident of this State.
(Source: P.A. 76-1586.)
|
(625 ILCS 5/1-150) (from Ch. 95 1/2, par. 1-150)
Sec. 1-150.
Nonresident's driving privilege.
The privilege conferred upon a nonresident by the laws of this State
pertaining to the operation by such person of a motor vehicle, or the use
of a vehicle owned by such person, in this State.
(Source: P.A. 76-1586.)
|
(625 ILCS 5/1-151) (from Ch. 95 1/2, par. 1-151)
Sec. 1-151.
(Blank).
(Source: Renumbered as 625 ILCS 5/1-148.6 by P.A. 90-89, eff. 1-1-98.)
|
(625 ILCS 5/1-153) (from Ch. 95 1/2, par. 1-153)
Sec. 1-153.
Not-For-Hire.
Operation of a commercial vehicle in furtherance of any commercial or
industrial enterprise but not For-Hire.
(Source: P.A. 76-1586.)
|
(625 ILCS 5/1-153.1) (from Ch. 95 1/2, par. 1-153.1)
Sec. 1-153.1.
Off-highway motorcycle.
Any motorized device designed
to travel primarily off-highway on 2 wheels, having a seat or saddle for
the use of the operator, upon or by which any person, persons or property
may be transported or drawn.
(Source: P.A. 85-830.)
|
(625 ILCS 5/1-154) (from Ch. 95 1/2, par. 1-154)
Sec. 1-154.
Official traffic-control devices.
All signs, signals, markings, and devices which conform with the State
Manual and not inconsistent with this Act placed or erected by authority of
a public body or official having jurisdiction, for the purpose of
regulating, warning, or guiding traffic.
(Source: P.A. 76-1586.)
|
(625 ILCS 5/1-154.1) (from Ch. 95 1/2, par. 1-154.1)
Sec. 1-154.1.
Operate.
To ride in or on, other than as a passenger,
use or control in any manner the operation of any device or vehicle whether
motorized or propelled by human power.
(Source: P.A. 85-830.)
|
(625 ILCS 5/1-154.2) (from Ch. 95 1/2, par. 1-154.2)
Sec. 1-154.2.
Operator.
Every person who operates or is in actual
physical control of any device or vehicle whether motorized or propelled
by human power.
(Source: P.A. 85-830.)
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(625 ILCS 5/1-154.4)
Sec. 1-154.4.
Organ transport vehicle.
A motor vehicle of the second
division equipped and used
exclusively for the transportation of organs for human transplant or the
transportation of members of the surgical team performing the organ harvesting
or transplant operations. Vehicles defined in this Section shall be owned or
operated by a company that has a contractual agreement with a federally
designated organ procurement organization for the purposes stated in this
Section.
(Source: P.A. 90-347, eff. 1-1-98.)
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(625 ILCS 5/1-154.5)
Sec. 1-154.5.
Out-of-service order.
A temporary prohibition against
driving a commercial motor vehicle.
(Source: P.A. 90-89, eff. 1-1-98.)
|
(625 ILCS 5/1-154.7)
Sec. 1-154.7. Out-of-state salvage vehicle buyer. A person who is
licensed in another state or jurisdiction and acquires salvage or junk vehicles for the primary purpose of taking them
out of this State.
(Source: P.A. 101-572, eff. 8-23-19.)
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(625 ILCS 5/1-155) (from Ch. 95 1/2, par. 1-155)
Sec. 1-155.
Owner.
A person who holds legal title of a vehicle, or in the event a vehicle
is the subject of an agreement for the conditional sale or
lease thereof with the 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
vehicle is entitled to possession, then such conditional vendee or lessee
or mortgagor shall be deemed the owner for the purpose of this Code.
(Source: P.A. 85-1201.)
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(625 ILCS 5/1-155.5)
Sec. 1-155.5.
Owner-operator.
A commercial motor vehicle lessor who
leases the commercial motor vehicle, with driver, to a lessee.
(Source: P.A. 90-89, eff. 1-1-98.)
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(625 ILCS 5/1-156) (from Ch. 95 1/2, par. 1-156)
Sec. 1-156.
Park or Parking.
Means the standing of a vehicle, whether occupied or not, otherwise than
when temporarily and actually engaged in loading or unloading merchandise
or passengers.
(Source: P.A. 76-1586.)
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(625 ILCS 5/1-156.5)
Sec. 1-156.5.
Park district.
Any park district formed under the
Park District Code or any Submerged Land Park District as that term is defined
in subsection (c) of Section 1-3 of the Park District Code.
(Source: P.A. 90-89, eff. 1-1-98.)
|
(625 ILCS 5/1-157) (from Ch. 95 1/2, par. 1-157)
Sec. 1-157.
Passenger car.
A motor vehicle of the First Division including a multipurpose passenger
vehicle, that is designed for carrying not more than 10 persons.
(Source: P.A. 78-343.)
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(625 ILCS 5/1-157.5) Sec. 1-157.5. Peace officer. Any person who by virtue of his or her public employment is vested by law with a duty to maintain public order or to make arrests for offenses, whether that duty extends to all offenses or is limited to specific offenses.
(Source: P.A. 93-788, eff. 1-1-05.) |
(625 ILCS 5/1-158) (from Ch. 95 1/2, par. 1-158)
Sec. 1-158. Pedestrian. Any person afoot or wearing in-line speed skates or riding a skateboard, including a person with a physical, hearing, or visual disability.(Source: P.A. 103-706, eff. 1-1-25.) |
(625 ILCS 5/1-158.2) Sec. 1-158.2. Pedestrian hybrid beacon. A traffic-control device used to warn and control traffic, at locations that are otherwise without a traffic-control signal, to assist pedestrians in crossing a street or highway at a marked crosswalk.(Source: P.A. 103-158, eff. 1-1-24.) |
(625 ILCS 5/1-158.5) (from Ch. 95 1/2, par. 1-300)
Sec. 1-158.5. Penalties and offenses; definitions. The following words and phrases when used in this Act, shall, for the
purposes of this Act, have the meanings ascribed to them in Chapter V of
the Unified Code of Corrections:
Business Offense;
Conviction;
Court;
Felony;
Class 1 Felony;
Class 2 Felony;
Class 3 Felony;
Class 4 Felony;
Imprisonment;
Judgment;
Misdemeanor;
Class A Misdemeanor;
Class B Misdemeanor;
Class C Misdemeanor;
Offense;
Petty Offense;
Sentence.
(Source: P.A. 102-558, eff. 8-20-21.)
|
(625 ILCS 5/1-159) (from Ch. 95 1/2, par. 1-159)
Sec. 1-159.
Person.
Every natural person, firm, copartnership, association or corporation.
(Source: P.A. 76-1586.)
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(625 ILCS 5/1-159.1) (from Ch. 95 1/2, par. 1-159.1)
Sec. 1-159.1. Person with disabilities. A natural person who, as determined by a licensed physician, by a licensed physician
assistant, by a licensed advanced practice registered nurse, or by a licensed physical therapist: (1) cannot walk
without the use of, or
assistance from, a brace, cane, crutch, another person, prosthetic device,
wheelchair, or other assistive device; (2) is restricted by lung
disease to
such an extent that his or her forced (respiratory) expiratory volume for one
second, when measured by spirometry, is less than one liter, or the arterial
oxygen tension is less than 60 mm/hg on room air at rest; (3) uses
portable
oxygen; (4) has a cardiac condition to the extent that the person's
functional
limitations are classified in severity as Class III or Class IV,
according to standards set by the American Heart Association; (5) is
severely limited in the person's ability to walk due to an arthritic,
neurological, oncological, or orthopedic condition; (6) cannot walk 200 feet without
stopping to rest because of one of the above 5 conditions; or (7) is missing a hand or arm or has permanently lost the use of a hand or arm.
(Source: P.A. 102-1011, eff. 1-1-23.)
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(625 ILCS 5/1-159.2)
Sec. 1-159.2. Personally identifying information. Information that
identifies an individual, including his or her driver's license number, name, address (but not the 5 digit zip
code), date of birth, height, weight, hair color, eye color, email address, and
telephone number, but
"personally
identifying information" does not include information on vehicular crashes,
driving violations, and driver's status.
(Source: P.A. 101-326, eff. 8-9-19; 102-982, eff. 7-1-23.)
|
(625 ILCS 5/1-159.3)
Sec. 1-159.3.
Photograph.
Any color photograph or digitally produced and
captured image of an applicant for a driver's license or permit.
(Source: P.A. 90-191, eff. 1-1-98.)
|
(625 ILCS 5/1-160) (from Ch. 95 1/2, par. 1-160)
Sec. 1-160.
Pneumatic tire.
Every tire in which compressed air is designed to support the load.
(Source: P.A. 76-1586.)
|
(625 ILCS 5/1-161) (from Ch. 95 1/2, par. 1-161)
Sec. 1-161.
Pole trailer.
Every vehicle without motive power designed to be drawn by another
vehicle and attached to the towing vehicle by means of a reach or pole, or
by being boomed or otherwise secured to the towing vehicle, and ordinarily
used for transporting long or irregularly shaped loads such as poles, pipes
or structural members capable, generally, of sustaining themselves as beams
between the supporting connections.
(Source: P.A. 76-1586.)
|
(625 ILCS 5/1-162) (from Ch. 95 1/2, par. 1-162)
Sec. 1-162.
Police officer.
Every officer authorized to direct or regulate traffic or to make
arrests and issue citations for violations of traffic regulations.
(Source: P.A. 90-89, eff. 1-1-98.)
|
(625 ILCS 5/1-162.3) Sec. 1-162.3. Police vehicle. Any vehicle, recreational off-highway vehicle, all-terrain vehicle, watercraft, aircraft, bicycle, or electric personal assistive mobility device that is designated or authorized by proper State, county, or local authorities for police use.
(Source: P.A. 102-240, eff. 1-1-22; 103-190, eff. 1-1-24.) |
(625 ILCS 5/1-162.5) (from Ch. 95 1/2, par. 1-164)
Sec. 1-162.5.
Principal place of business.
The place where any person transacts his principal business, or where he
makes up and approves his payroll, maintains a central file of records and
maintains his principal executive offices. In the event that not all of
these functions are performed in one place, then that place where a
majority of such functions are performed or the place where such person
does in fact principally transact and control his business affairs.
(Source: P.A. 90-89, eff. 1-1-98.)
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(625 ILCS 5/1-163) (from Ch. 95 1/2, par. 1-163)
Sec. 1-163.
Private road or driveway.
Every way or place in private ownership and used for vehicular travel by
the owner and those having express or implied permission from the owner,
but not by other persons.
(Source: P.A. 76-1586.)
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(625 ILCS 5/1-164) (from Ch. 95 1/2, par. 1-164)
Sec. 1-164.
(Blank).
(Source: Renumbered as 625 ILCS 5/1-162.5 by P.A. 90-89, eff. 1-1-98.)
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(625 ILCS 5/1-164.1) (from Ch. 95 1/2, par. 1-164.1)
Sec. 1-164.1.
Probationary license to drive.
A conditional license
granting full driving privileges during a period of suspension.
(Source: P.A. 86-549.)
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(625 ILCS 5/1-164.2)
Sec. 1-164.2.
Processing costs.
Processing costs consist of fees paid to
the Secretary of State for a record search to determine the name and address of
the last registered owner, lienholder, and other legally entitled persons, plus
the cost of sending certified mail notice to those persons.
(Source: P.A. 89-433, eff. 12-15-95.)
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(625 ILCS 5/1-164.5)
Sec. 1-164.5. Proof of financial responsibility. Proof of ability to
respond in damages for any liability thereafter incurred resulting from the
ownership, maintenance, use or operation of a motor vehicle for bodily injury
to or death of any person in the amount of $25,000, and subject to this limit
for any one person injured or killed, in the amount of $50,000 for bodily
injury to or death of 2 or more persons in any one crash, and for damage to
property in the amount of $20,000 resulting from any one crash. This proof
in these amounts shall be furnished for each motor vehicle registered by every
person required to furnish this proof. The changes to this Section made by this amendatory Act of the 98th General Assembly apply only to policies issued or renewed on or after January 1, 2015.
(Source: P.A. 102-982, eff. 7-1-23.)
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(625 ILCS 5/1-164.7)
Sec. 1-164.7.
Public utility.
Each firm lawfully licensed and engaged in
any of the following: the transmission of telegraphic or telephonic
messages; the production, storage, transmission, distribution, sale, delivery,
or furnishing of heat, cold, light, power, electricity, gas, or water; the
disposal of sewage; the conveyance of oil or gas by pipeline; the drilling of
water wells; or the installation or repair of facilities for any of these
foregoing activities.
(Source: P.A. 90-89, eff. 1-1-98.)
|
(625 ILCS 5/1-166) (from Ch. 95 1/2, par. 1-166)
Sec. 1-166.
Railroad.
A carrier of persons or property upon cars, other than streetcars,
operated upon stationary rails.
(Source: P.A. 76-1586.)
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(625 ILCS 5/1-166.1) (from Ch. 95 1/2, par. 1-166.1)
Sec. 1-166.1.
Railroad-highway grade crossing.
The intersection of stationary rails owned or used in the operation of a
railroad corporation across a highway.
(Source: P.A. 78-314.)
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(625 ILCS 5/1-167) (from Ch. 95 1/2, par. 1-167)
Sec. 1-167. Railroad sign or signal. Any sign, signal
or device, other than an official traffic control signal or
device, erected in accordance with the laws governing same and intended
to give notice of the presence of railroad tracks or the approach of a railroad train or railroad track equipment.
(Source: P.A. 96-1244, eff. 1-1-11.)
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(625 ILCS 5/1-167.5) Sec. 1-167.5. Railroad track equipment. All vehicles operated upon rails for the purpose of the maintenance of railroads including, but not limited to, all hi-rail vehicles and on-track roadway maintenance machines, as defined in 49 CFR, Part 214.7.
(Source: P.A. 96-1244, eff. 1-1-11.) |
(625 ILCS 5/1-168) (from Ch. 95 1/2, par. 1-168)
Sec. 1-168.
Railroad train.
A steam engine, electric or other motor, with or without cars coupled
thereto, operated upon rails, except streetcars.
(Source: P.A. 76-1586.)
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(625 ILCS 5/1-168.05)
Sec. 1-168.05.
Rebuilder.
A person who is in the business of returning a
vehicle for which a salvage certificate has been previously issued back to its
original or operating condition.
(Source: P.A. 90-89, eff. 1-1-98.)
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(625 ILCS 5/1-168.1) (from Ch. 95 1/2, par. 1-168.1)
Sec. 1-168.1.
Rebuilt vehicle.
A vehicle for which a salvage
certificate has been issued and which subsequently has been put back into
its original or operating condition by a licensed rebuilder and which has
met all the requirements of a salvage vehicle inspection.
(Source: P.A. 85-951.)
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(625 ILCS 5/1-168.5)
Sec. 1-168.5.
Recognized repair technician.
A person professionally
engaged in vehicle repair, employed by a going concern whose purpose is vehicle
repair, or possessing nationally recognized certification for emission-related
diagnosis and repair.
(Source: P.A. 90-89, eff. 1-1-98.)
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(625 ILCS 5/1-168.8) Sec. 1-168.8. Recreational off-highway vehicle. Any motorized off-highway device designed to travel primarily off-highway, 64 inches or less in width, having a manufacturer's dry weight of 2,000 pounds or less for gas-powered engines or 3,000 pounds or less for electric-powered engines, traveling on 4 or more non-highway tires, designed with a non-straddle seat and a steering wheel for steering control, except equipment such as lawnmowers.
(Source: P.A. 102-312, eff. 1-1-22.) |
(625 ILCS 5/1-169) (from Ch. 95 1/2, par. 1-169)
Sec. 1-169.
Recreational vehicle.
Every camping trailer, motor home,
mini motor home, travel trailer, truck camper or van camper used
primarily for recreational purposes and not used commercially nor owned
by a commercial business.
(Source: P.A. 84-986.)
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(625 ILCS 5/1-169.2)
Sec. 1-169.2. Recyclable metal. Any copper, brass, or aluminum, or any combination of those metals, purchased by a recyclable metal dealer, irrespective of form or quantity, except that "recyclable metal" does not include: (i) items designed to contain, or to be used in the preparation of, beverages or food for human consumption; (ii) discarded items of non-commercial or household waste; or (iii) gold, silver, platinum, and other precious metals used in jewelry.
(Source: P.A. 95-253, eff. 1-1-08.) |
(625 ILCS 5/1-169.3)
Sec. 1-169.3. (Repealed).
(Source: P.A. 95-253, eff. 1-1-08. Repealed by P.A. 95-979, eff. 1-2-09.)
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(625 ILCS 5/1-169.5)
Sec. 1-169.5.
Refuse.
Any material or load consisting of waste from the
facilities of the generator of the waste when transported for disposal or to a
permitted recycling or waste processing facility when the generator receives no
direct or indirect compensation from anyone for the material or load and when
transported by a truck specially equipped with a selfcompactor or an
industrial roll-off hoist and roll-off container.
(Source: P.A. 90-89, eff. 1-1-98.)
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(625 ILCS 5/1-171) (from Ch. 95 1/2, par. 1-171)
Sec. 1-171. Registration - Registration Sticker. Registration. The registration certificate or certificates, registration
plates and registration stickers issued under the laws of this State pertaining
to the registration of vehicles.
Registration Sticker or Stickers. A device or devices to be attached to
a rear registration plate that will renew the registration and registration
plate or plates for a pre-determined period not to exceed one registration
year except as provided in subsection (1) of Section 3-414 of this Code.
Should the Secretary of State determine it is advisable to require a registration
sticker to be attached to a front registration plate, he may require such
action and provide the necessary additional sticker. Such determination
shall be publicly announced at least 30 days in advance of a new annual
registration year. "Registration" and "registration sticker or stickers" includes digital registration plates and digital registration stickers issued by the Secretary of State under Section 3-401.5.
(Source: P.A. 101-395, eff. 8-16-19.)
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(625 ILCS 5/1-171.01) (from Ch. 95 1/2, par. 1-171.01)
Sec. 1-171.01.
(Blank).
(Source: Renumbered as 625 ILCS 5/1-111.1a by P.A. 90-89, eff. 1-1-98.)
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(625 ILCS 5/1-171.01a)
Sec. 1-171.01a. Remittance agent. For the purposes of Article IX of
Chapter 3, the term "remittance agent" means any person who holds himself or
herself out
to the public as being engaged in or who engages in accepting money for
remittance to the State of Illinois or any of its instrumentalities or
political subdivisions, or to any of their officials, for the payment of
registration plates, vehicle certificates of title, taxes, or registration fees regardless of when the
money is accepted from the public or remitted to the State, whether or not the
person renders any other service in connection with the making of any such
remittance or is engaged in any other endeavor. The term "remittance agent" also includes any person who holds himself or herself out to the public as being engaged in or who engages in accepting money for consulting or advising the public on matters concerning vehicle certificates of title, taxes, registration renewals, registration plates, or applications for title. The term "remittance agent"
does not include any licensed dealer in motor vehicles who accepts
money for remittance to the State of Illinois for the payment of registration plates, vehicle certificates of title, taxes, or registration fees as an incident to his or her business
as a
motor vehicle dealer.
(Source: P.A. 100-450, eff. 1-1-18.)
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(625 ILCS 5/1-171.01b)
Sec. 1-171.01b.
Remittee.
The State of Illinois location where the
remittance agent brings the money and application he or she receives from the
general
public (remitter) to be processed by the State of Illinois.
(Source: P.A. 90-89, eff. 1-1-98.)
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(625 ILCS 5/1-171.01c)
Sec. 1-171.01c. Remitter. Any person who gives money to a remittance
agent
to submit to the State of Illinois and its licensing and taxing agencies for
the payment of registration plates, vehicle certificates of title, taxes, or registration fees.
(Source: P.A. 97-832, eff. 7-20-12.)
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(625 ILCS 5/1-171.01d) Sec. 1-171.01d. Remote starter system. Any device installed in a motor vehicle that allows the engine of the vehicle to be started by remote or radio control.
(Source: P.A. 100-435, eff. 8-25-17.) |
(625 ILCS 5/1-171.02) (from Ch. 95 1/2, par. 1-171.02)
Sec. 1-171.02.
Repaired vehicle.
A vehicle
other than a rebuilt
vehicle which has been put back into its original or operating condition
by restoring, mending, straightening, replacing, altering or painting its
essential parts by a licensed repairer.
(Source: P.A. 83-1473.)
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(625 ILCS 5/1-171.04)
Sec. 1-171.04.
Replica trolley.
A motor vehicle that is a replica of or
is
specifically designed to resemble a cable car or an antique trolley car, except
that the vehicle is not operated on rails.
(Source: P.A. 89-687, eff. 6-1-97.)
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(625 ILCS 5/1-171.3)
Sec. 1-171.3.
Repairer.
A person who is in the business of returning a
vehicle other than a vehicle for which a salvage certificate has been issued
back to its original or operating condition by restoring, mending,
straightening, replacing, altering, or painting its essential parts.
(Source: P.A. 90-89, eff. 1-1-98.)
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(625 ILCS 5/1-171.6) (from Ch. 95 1/2, par. 1-222)
Sec. 1-171.6.
Rescue squad.
A voluntary association
of individuals or a fire department dedicated to saving lives
through the rescue of persons entrapped in wrecked vehicles
or other hazardous circumstances and associated with some
unit of government.
(Source: P.A. 90-89, eff. 1-1-98.)
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(625 ILCS 5/1-171.8) (from Ch. 95 1/2, par. 1-224)
Sec. 1-171.8.
Rescue vehicle.
Any publicly or privately owned vehicle
which is specifically designed, configured, and equipped for the performance
of access and extrication of persons from hazardous or life-endangering
situations, as well as for the emergency transportation of persons who are
sick, injured, wounded or otherwise incapacitated or helpless.
(Source: P.A. 90-89, eff. 1-1-98.)
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(625 ILCS 5/1-172) (from Ch. 95 1/2, par. 1-172)
Sec. 1-172. Residence district. The territory contiguous to and including
a highway not comprising a business district when the property on such highway
for a distance of 300 feet or more is in the main improved with residences
or residences and buildings in use for business.
For purposes of establishing maximum speed limits, a residence district
shall be at least a quarter of a mile long with residences or residences
and buildings in use for businesses spaced no more than 500 feet apart.
(Source: P.A. 96-987, eff. 7-2-10.)
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(625 ILCS 5/1-173) (from Ch. 95 1/2, par. 1-173)
Sec. 1-173.
Resident.
(a) Every natural person who resides in this state shall be deemed a
resident of this State.
(b) In the case of a firm, copartnership or association, if the
principal place of business of such firm, copartnership or association is
located in the State of Illinois, then such firm, copartnership or
association shall be deemed a resident of the State of Illinois.
(c) In the case of a corporation, if the corporation was incorporated
under the laws of the State of Illinois or if the principal place of
business of such corporation is in the State of Illinois, then such
corporation shall be deemed a resident of the State of Illinois.
(Source: P.A. 76-1586.)
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(625 ILCS 5/1-173.1) (from Ch. 95 1/2, par. 1-173.1)
Sec. 1-173.1.
Restricted Driving Permit.
A restricted driving permit
is that document which grants and specifies limited privileges to drivers
of motor vehicles who have had their full driving privileges suspended,
revoked or cancelled. The restricted driving permit is valid only when
in the immediate possession of the driver to whom it is issued.
(Source: P.A. 81-1400.)
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(625 ILCS 5/1-174) (from Ch. 95 1/2, par. 1-174)
Sec. 1-174.
Retail sale.
The act or attempted act of selling vehicles or otherwise disposing of a
vehicle to a person for use as a consumer.
(Source: P.A. 76-1586.)
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(625 ILCS 5/1-175) (from Ch. 95 1/2, par. 1-175)
Sec. 1-175.
(Repealed).
(Source: P.A. 76-1586. Repealed by P.A. 90-89, eff. 1-1-98.)
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(625 ILCS 5/1-176) (from Ch. 95 1/2, par. 1-176)
Sec. 1-176.
Revocation of driver's license.
The termination by formal action of the Secretary of a person's license
or privilege to operate a motor vehicle on the public highways, which
termination shall not be subject to renewal or restoration except that an
application for a new license may be presented and acted upon by the
Secretary after the expiration of at least one year after the date of
revocation.
(Source: P.A. 76-1586.)
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(625 ILCS 5/1-176.1) (from Ch. 95 1/2, par. 1-176.1)
Sec. 1-176.1.
Ridesharing arrangement.
The transportation by motor vehicle of not more than 16 persons, including
the driver, (1) for purposes incidental to another purpose of the driver, for
which no fee is charged or paid except to reimburse the driver or owner of the
vehicle for his or her operating expenses on a nonprofit basis or (2) when
these
persons are traveling between their homes and their places of employment, or
places reasonably convenient thereto, for which (i) no fee is charged or paid
except to reimburse the driver or owner of the vehicle for his or her operating
expenses on a nonprofit basis or (ii) a fee is charged in accordance with the
provisions of Section 6 of the Ridesharing Arrangements Act.
(Source: P.A. 90-89, eff. 1-1-98.)
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(625 ILCS 5/1-177) (from Ch. 95 1/2, par. 1-177)
Sec. 1-177.
Right-of-way.
The right of one vehicle or pedestrian to proceed in a lawful manner in
preference to another vehicle or pedestrian approaching under such
circumstances of direction, speed and proximity as to give rise to danger
of collision unless one grants precedence to the other.
(Source: P.A. 76-1586.)
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(625 ILCS 5/1-177.5) Sec. 1-177.5. Road machine. A machine or implement designed and used primarily for building, repair, or construction and involves only temporary operation on roadways for purposes other than transportation.
(Source: P.A. 100-956, eff. 1-1-19.) |
(625 ILCS 5/1-178) (from Ch. 95 1/2, par. 1-178)
Sec. 1-178.
Road tractor.
Every motor vehicle designed and used for drawing other vehicles and not
so constructed as to carry any load thereon either independently or any
part of the weight of a vehicle or load so drawn.
(Source: P.A. 76-1586.)
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(625 ILCS 5/1-179) (from Ch. 95 1/2, par. 1-179)
Sec. 1-179.
Roadway.
That portion of a highway improved, designed or ordinarily used for
vehicular travel, exclusive of the berm or shoulder. In the event a highway
includes two or more separate roadways the term "roadway" as used herein
shall refer to any such roadway separately but not to all such roadways
collectively.
(Source: P.A. 76-1586.)
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(625 ILCS 5/1-179.5)
Sec. 1-179.5.
Rooftop.
The major uppermost portion of a bus body that is
flat in a fore and aft direction.
(Source: P.A. 90-89, eff. 1-1-98.)
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(625 ILCS 5/1-180) (from Ch. 95 1/2, par. 1-180)
Sec. 1-180.
Rural mail delivery vehicle.
Every vehicle used to deliver U. S. mail on a rural mail delivery route.
(Source: P.A. 76-1586.)
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(625 ILCS 5/1-180.5)
Sec. 1-180.5.
Safety glazing material.
Any glazing material so
constructed, treated, or combined with other materials as to reduce
substantially, in comparison with ordinary sheet glass or plate glass, the
likelihood of injury to persons by objects from exterior sources or by these
safety glazing materials when they may be cracked or broken.
(Source: P.A. 90-89, eff. 1-1-98.)
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(625 ILCS 5/1-181) (from Ch. 95 1/2, par. 1-181)
Sec. 1-181.
Safety zone.
The area or space officially set apart within a roadway for the
exclusive use of pedestrians and which is protected or is so marked or
indicated by adequate signs as to be plainly visible at all times while set
apart as a safety zone.
(Source: P.A. 76-1586.)
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(625 ILCS 5/1-182) (from Ch. 95 1/2, par. 1-182)
Sec. 1-182. School bus.
(a) "School bus" means every motor
vehicle, except as provided in paragraph (b) of this Section, owned
or operated by or for any of the following entities for the transportation of
persons
regularly enrolled as students in grade 12 or below
in connection with any activity of such entity:
Any public or private primary or secondary school;
Any primary or secondary school operated by a religious institution; or
Any public, private or religious nursery school.
(b) This definition shall not include the following:
1. A bus operated by a public utility, municipal | ||
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On a regularly scheduled route for the transportation | ||
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Furnishing charter service for the transportation of | ||
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Being used for shuttle service between attendance | ||
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2. A motor vehicle of the First Division.
3. A multifunction school-activity bus.
(Source: P.A. 96-410, eff. 7-1-10.)
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(625 ILCS 5/1-182.3)
Sec. 1-182.3.
Scrap processor.
A person who purchases a vehicle, junk
vehicle, or vehicle cowl for processing into a form other than a vehicle, junk
vehicle, or vehicle cowl for remelting purposes only, who from a fixed location
utilizes machinery and equipment for processing or manufacturing ferrous or
nonferrous metallic scrap into prepared grades, and whose principal product is
metallic scrap and who records the purchases on a weight ticket.
(Source: P.A. 90-89, eff. 1-1-98.)
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(625 ILCS 5/1-182.6)
Sec. 1-182.6.
Seat safety belts.
A set of belts or a harness meeting the
specifications established by the Department of Transportation and installed in
such manner as to prevent or materially reduce the movement of the person using
the belts or harness in the event of collision or upset of the vehicle.
(Source: P.A. 90-89, eff. 1-1-98.)
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(625 ILCS 5/1-182.8)
Sec. 1-182.8.
Second stage manufacturer or converter.
A person who prior
to the retail sale of a motor vehicle, assembles, installs or affixes a body,
cab, or special equipment to a chassis, or who adds, subtracts from, or
modifies a previously assembled or manufactured motor vehicle.
(Source: P.A. 90-89, eff. 1-1-98.)
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(625 ILCS 5/1-183) (from Ch. 95 1/2, par. 1-183)
Sec. 1-183.
Secretary.
The Illinois Secretary of State or his or her designee.
(Source: P.A. 90-89, eff. 1-1-98.)
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(625 ILCS 5/1-184) (from Ch. 95 1/2, par. 1-184)
Sec. 1-184.
Secretary of State.
The Secretary of State of Illinois.
(Source: P.A. 76-1586.)
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(625 ILCS 5/1-185) (from Ch. 95 1/2, par. 1-185)
Sec. 1-185.
Security agreement.
A written agreement which reserves or creates a security interest.
(Source: P.A. 76-1586.)
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(625 ILCS 5/1-186) (from Ch. 95 1/2, par. 1-186)
Sec. 1-186.
Security interest.
An interest in a vehicle reserved or created by agreement and which
secures payment or performance of an obligation. The term includes the
interest of a lessor under a lease intended as security. A security
interest is "perfected" when it is valid against third parties generally,
subject only to specific statutory exceptions.
(Source: P.A. 76-1586.)
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(625 ILCS 5/1-186.5)
Sec. 1-186.5.
Selling price.
The consideration received for a motor
vehicle subject to the tax imposed by Section 3-1001 valued in money, whether
received in money or otherwise, including cash, credits, service, or property.
In the case of gifts or transfers without reasonable consideration, "selling
price" shall be deemed to be the fair market value as determined by the
Department of Revenue.
(Source: P.A. 90-89, eff. 1-1-98.)
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(625 ILCS 5/1-187) (from Ch. 95 1/2, par. 1-187)
Sec. 1-187.
Semitrailer.
Every vehicle without motive power, other than a pole trailer, designed
for carrying persons or property and for being drawn by a motor vehicle and
so constructed that some part of its weight and that of its load rests upon
or is carried by another vehicle.
(Source: P.A. 76-1586.)
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(625 ILCS 5/1-187.01) (from Ch. 95 1/2, par. 1-187.01)
Sec. 1-187.01.
Servicing of vehicles.
The altering or maintaining of
the parts of a vehicle other than its essential parts. Regarding engines
and transmissions, however, repair or replacement of parts, which does
not result in the removal of all or any part of the identification number
shall be deemed servicing of the vehicle.
(Source: P.A. 84-1302; 84-1304.)
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(625 ILCS 5/1-187.001)
Sec. 1-187.001. Serious traffic violation.
(a) A conviction when operating a motor vehicle for:
(1) a violation of subsection (a) of Section 11-402, | ||
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(2) a violation of Section 11-403, relating to | ||
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(3) a violation of subsection (a) of Section 11-502, | ||
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(4) a violation of Section 6-101 relating to | ||
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(5) a violation of Section 11-403, relating to | ||
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(6) a violation relating to excessive speeding, | ||
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(7) a violation relating to reckless driving;
(8) a violation of subsection (d) of Section 11-707, | ||
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(9) a violation of subsection (b) of Section 11-1402, | ||
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(10) a violation of subsection (b) of Section 11-707, | ||
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(11) a violation of subsection (e) of Section | ||
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(12) a violation of Section 11-1008, relating to | ||
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(13) a violation of Section 11-1201, relating to | ||
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(b) Any other similar violation of a law or local ordinance of any state
relating to motor vehicle traffic control, other than a parking violation.
(c) A violation of any of these defined serious traffic offenses shall
not preclude the defendant from being eligible to receive an order of court
supervision under Section 5-6-1 of the Unified Code of Corrections.
(Source: P.A. 102-982, eff. 7-1-23.)
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(625 ILCS 5/1-187.1) (from Ch. 95 1/2, par. 1-187.1)
Sec. 1-187.1.
Shoulder.
That portion of the highway adjacent to the
roadway for accommodating stopped vehicles or for emergency use.
(Source: P.A. 84-873.)
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(625 ILCS 5/1-188) (from Ch. 95 1/2, par. 1-188)
Sec. 1-188.
Sidewalk.
That portion of a street between the curb lines, or the lateral lines of
a roadway, and the adjacent property lines, intended for use of
pedestrians.
(Source: P.A. 76-1586.)
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(625 ILCS 5/1-188.2)
Sec. 1-188.2.
Signature.
The name of a person as written by that person
and captured in a manner acceptable to the Secretary of State.
(Source: P.A. 90-191, eff. 1-1-98.)
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(625 ILCS 5/1-189) (from Ch. 95 1/2, par. 1-189)
Sec. 1-189.
Situs or base of vehicle.
The place where a vehicle is principally garaged, or from whence it is
principally dispatched, or where the movements of such vehicle usually
originate.
(Source: P.A. 76-1586.)
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(625 ILCS 5/1-190) (from Ch. 95 1/2, par. 1-190)
Sec. 1-190.
Solid tire.
Every tire of rubber or other resilient material which does not depend
upon compressed air for the support of the load.
(Source: P.A. 76-1586.)
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(625 ILCS 5/1-190.1)
Sec. 1-190.1. Special license plate. Registration plates issued by the
Secretary of State that by statute require, in addition to the applicable
registration fee, an additional fee that is to be deposited into the Secretary
of State Special License Plate Fund. "Special license plate" includes digital registration plates that by statute require, in addition to the applicable
registration fee, an additional fee that is to be deposited into the Secretary
of State Special License Plate Fund.
(Source: P.A. 101-395, eff. 8-16-19.)
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(625 ILCS 5/1-190.05)
Sec. 1-190.05. Special hauling vehicle. A vehicle or combination of
vehicles transporting asphalt or concrete in the plastic state or a vehicle or
combination of vehicles that is subject to the weight limitations in
subsection (a) of Section 15-111 for which the owner of the vehicle or
combination of vehicles has elected to pay, in addition to the registration
fees stated in subsection (a) or (c) of Section 3-815 or Section 3-818, $100
to the Secretary of State for each registration year.
(Source: P.A. 97-201, eff. 1-1-12.)
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(625 ILCS 5/1-191) (from Ch. 95 1/2, par. 1-191)
Sec. 1-191.
Special mobile equipment.
Every vehicle not designed or used
primarily for the transportation of persons or property and only
incidentally operated or moved over a highway, including but not limited
to: street sweepers, ditch digging apparatus, well boring
apparatus and road construction and maintenance machinery such as asphalt
spreaders, bituminous mixers, bucket loaders, tractors other than truck
tractors, ditchers, levelling graders, finishing machines, motor graders,
road rollers, scarifiers, earth moving carryalls and scrapers, power
shovels and drag lines, and self-propelled cranes and earth moving
equipment. The term does not include house trailers, dump trucks, truck
mounted transit mixers, cranes or shovels, or other vehicles designed for
the transportation of persons or property to which machinery has been attached.
(Source: P.A. 85-951.)
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(625 ILCS 5/1-192) (from Ch. 95 1/2, par. 1-192)
Sec. 1-192.
Specially constructed vehicle.
Every vehicle of a type required to be registered hereunder that: (a)
has been materially altered from its original construction by the removal,
addition or substitution of essential parts; or (b) was not originally
constructed under a distinctive name by a generally recognized manufacturer
of vehicles.
(Source: P.A. 85-951.)
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(625 ILCS 5/1-193) (from Ch. 95 1/2, par. 1-193)
Sec. 1-193.
Speed-change lane.
An auxiliary lane, including tapered areas, primarily for the
acceleration or deceleration of vehicles entering or leaving the through
traffic lanes.
(Source: P.A. 76-1586.)
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(625 ILCS 5/1-194) (from Ch. 95 1/2, par. 1-194)
Sec. 1-194.
Stand or standing.
Means the halting of a vehicle, whether occupied or not, otherwise than
when temporarily and actually engaged in receiving or discharging
passengers.
(Source: P.A. 76-1586.)
|
(625 ILCS 5/1-195) (from Ch. 95 1/2, par. 1-195)
Sec. 1-195.
State.
A state, territory or possession of the United States, the District of
Columbia, the Commonwealth of Puerto Rico or a province of the Dominion of
Canada.
(Source: P.A. 76-1586.)
|
(625 ILCS 5/1-196) (from Ch. 95 1/2, par. 1-196)
Sec. 1-196.
State highways.
Defined in the "Illinois Highway Code" as the same may from time to time
be amended.
(Source: P.A. 76-1586.)
|
(625 ILCS 5/1-197) (from Ch. 95 1/2, par. 1-197)
Sec. 1-197.
State Police.
The Illinois State Police.
(Source: P.A. 76-1586.)
|
(625 ILCS 5/1-197.5) (from Ch. 95 1/2, par. 1-203.1)
Sec. 1-197.5.
Statutory summary alcohol or other drug related suspension
of driver's privileges. The withdrawal by the Secretary of State of a
person's license or privilege to operate a motor vehicle on the public
highways for the periods provided in Section 6-208.1. Reinstatement after
the suspension period shall occur after all appropriate fees have been
paid. The bases for this withdrawal of driving privileges
shall be the individual's refusal to submit to or failure to complete a
chemical test or tests following an arrest for the offense of driving under
the influence of alcohol, other drugs, or intoxicating compounds,
or any combination thereof, or submission to such a
test or tests indicating an alcohol concentration of 0.08 or more
as provided in Section 11-501.1 of this Code.
(Source: P.A. 96-607, eff. 8-24-09.)
|
(625 ILCS 5/1-197.6) Sec. 1-197.6. Statutory summary revocation of driving privileges. The revocation by the Secretary of State of a person's license or privilege to operate a motor vehicle on the public highways for the period provided in Section 6-208.1. Reinstatement after the revocation period shall occur after the person has been approved for reinstatement through an administrative hearing with the Secretary of State, has filed proof of financial responsibility, has paid the reinstatement fee as provided in Section 6-118, and has successfully completed all necessary examinations. The basis for this revocation of driving privileges shall be the individual's refusal to submit to or failure to complete a chemical test or tests following an arrest for the offense of driving under the influence of alcohol, other drugs, or intoxicating compounds, or any combination thereof involving a motor vehicle crash that caused personal injury or death to another, as provided in Section 11-501.1 of this Code.
(Source: P.A. 102-982, eff. 7-1-23.) |
(625 ILCS 5/1-198) (from Ch. 95 1/2, par. 1-198)
Sec. 1-198. Stinger-steered semitrailer.
Every semitrailer, including automobile transporters, which has its kingpin on a projection to the front of
the structure of such semitrailer and is combined with the 5th wheel of the
truck tractor at a point not less than two feet to the rear of the center
of the rearmost axle of such tractor.
(Source: P.A. 99-717, eff. 8-5-16.)
|
(625 ILCS 5/1-199) (from Ch. 95 1/2, par. 1-199)
Sec. 1-199.
Stop.
When required means complete cessation from movement.
(Source: P.A. 76-1586.)
|
(625 ILCS 5/1-200) (from Ch. 95 1/2, par. 1-200)
Sec. 1-200.
Stop or stopping.
Means any halting even momentarily of a vehicle, whether occupied or
not, except when necessary to avoid conflict with other traffic or in
compliance with the directions of a police officer or traffic-control sign
or signal.
(Source: P.A. 76-2125.)
|
(625 ILCS 5/1-201) (from Ch. 95 1/2, par. 1-201)
Sec. 1-201.
Street.
The entire width between boundary lines of every way
publicly maintained, when any part thereof is open to the use
of the public for purposes of vehicular travel.
(Source: P.A. 90-655, eff. 7-30-98.)
|
(625 ILCS 5/1-202) (from Ch. 95 1/2, par. 1-202)
Sec. 1-202.
Streetcar.
A car other than a railroad train for transporting persons or property
and operated upon rails principally within a municipality.
(Source: P.A. 76-1586.)
|
(625 ILCS 5/1-202.1)
Sec. 1-202.1. Street rod. A motor vehicle that is a
1948 or older vehicle or a vehicle that was manufactured after 1948 to resemble a
vehicle that was manufactured before
1949 and has been altered from the manufacturer's
original design or has a body constructed from non-original materials
and which is
maintained
for occasional transportation,
exhibitions, club activities, parades, tours, and similar uses
and which is not used for general daily transportation.
(Source: P.A. 96-487, eff. 1-1-10.)
|
(625 ILCS 5/1-202.5)
Sec. 1-202.5.
Strobe lamp.
A vehicular signaling device that generates
flashes of light by inducing intermittent flows of electricity through a gas.
(Source: P.A. 90-89, eff. 1-1-98.)
|
(625 ILCS 5/1-203) (from Ch. 95 1/2, par. 1-203)
Sec. 1-203.
Suburban district.
That portion of any city, village or incorporated town other than the
business and residence districts.
(Source: P.A. 76-1586.)
|
(625 ILCS 5/1-203.1) (from Ch. 95 1/2, par. 1-203.1)
Sec. 1-203.1.
(Blank).
(Source: Renumbered as 625 ILCS 5/1-197.5 by P.A. 90-89, eff. 1-1-98.)
|
(625 ILCS 5/1-204) (from Ch. 95 1/2, par. 1-204)
Sec. 1-204.
Suspension of driver's license.
The temporary withdrawal by formal action of the Secretary of a person's
license or privilege to operate a motor vehicle on the public highways, for
a period specifically designated by the Secretary.
(Source: P.A. 76-1586.)
|
(625 ILCS 5/1-204.05)
Sec. 1-204.05.
Suspension system.
The system of devices consisting of but
not limited to springs, spring shackles, shock absorbers, torsion bars, a
frame,
or any other supporting members used to attach the body of a motor vehicle to
its axles.
(Source: P.A. 90-89, eff. 1-1-98.)
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(625 ILCS 5/1-204.1) (from Ch. 95 1/2, par. 1-204.1)
Sec. 1-204.1.
Sworn report.
A confirmation of correctness and truth by
an affidavit, oath, deposition or a verification by certification executed
pursuant to Section 1-109 of the Code of Civil Procedure.
(Source: P.A. 85-992.)
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(625 ILCS 5/1-204.3)
Sec. 1-204.3.
Tandem axles.
Any 2 or more single axles whose centers are
more than 40 inches and not more than 96 inches apart, measured to the nearest
inch between extreme axles in the series, except as provided in Section 15-111
for special hauling vehicles.
(Source: P.A. 90-89, eff. 1-1-98.)
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(625 ILCS 5/1-204.4)
Sec. 1-204.4. Tank vehicle. Any commercial motor vehicle that is designed
to transport any liquid or gaseous material within a tank or tanks having an individual rated capacity of more than 119 gallons and an aggregate rated capacity of 1,000 gallons or more that is either
permanently or temporarily attached to the vehicle or the chassis. A commercial motor vehicle transporting an empty storage container tank, not designed for transportation, with a rated capacity of 1,000 gallons or more that is temporarily attached to a flatbed trailer is not considered a tank vehicle.
(Source: P.A. 98-176 (see Section 10 of P.A. 98-722 and Section 10 of P.A. 99-414 for the effective date of changes made by P.A. 98-176).)
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(625 ILCS 5/1-205) (from Ch. 95 1/2, par. 1-205)
Sec. 1-205.
Through highway.
Every highway or portion thereof on which vehicular traffic is given
preferential right of way, and at the entrances to which vehicular traffic
from intersecting highways is required by law to yield right of way to
vehicles on such through highway in obedience to either a stop sign or a
yield sign, when such signs are erected as provided in this Act.
(Source: P.A. 76-1586.)
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(625 ILCS 5/1-205.01) (from Ch. 95 1/2, par. 1-205.01)
Sec. 1-205.01.
Tollroad or toll highway.
All highways under the
jurisdiction of the
Illinois State Toll Highway Authority.
(Source: P.A. 90-89, eff. 1-1-98.)
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(625 ILCS 5/1-205.02) Sec. 1-205.02. Towaway trailer transporter combination. A combination of vehicles consisting of a trailer transporter towing unit and two trailers or semitrailers with a total weight that does not exceed 26,000 pounds, and in which the trailers or semitrailers carry no property and constitute inventory property of a manufacturer, distributor, or dealer of such trailers or semitrailers.
(Source: P.A. 99-717, eff. 8-5-16.) |
(625 ILCS 5/1-205.1) (from Ch. 95 1/2, par. 1-205.1)
Sec. 1-205.1. Tow truck. Every truck designed or altered and equipped for and used to push, tow, carry
upon,
or draw vehicles by means of a crane, hoist, towbar, towline or
auxiliary axle, or carried upon to render assistance to disabled vehicles,
except for any
truck tractor temporarily converted to a tow truck by means of a portable
wrecker unit attached to the fifth wheel of the truck tractor and used only by
the owner to tow a disabled vehicle also owned by him or her and never used for
hire.
(Source: P.A. 100-863, eff. 8-14-18.)
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(625 ILCS 5/1-205.2) (from Ch. 95 1/2, par. 1-205.2)
Sec. 1-205.2. Tower. A person who owns or operates a tow truck or a wrecker.
(Source: P.A. 100-863, eff. 8-14-18.)
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(625 ILCS 5/1-206) (from Ch. 95 1/2, par. 1-206)
Sec. 1-206.
Trackless trolley coach.
Every motor vehicle which is propelled by electric power obtained from
overhead trolley wires but not operated upon rails.
(Source: P.A. 76-1586.)
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(625 ILCS 5/1-207) (from Ch. 95 1/2, par. 1-207)
Sec. 1-207.
Traffic.
Pedestrians, ridden or herded animals, vehicles, streetcars and other
conveyances either singly or together while using any highway for purposes
of travel.
(Source: P.A. 76-1586.)
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(625 ILCS 5/1-208) (from Ch. 95 1/2, par. 1-208)
Sec. 1-208.
Traffic control signal.
Any official traffic control device
other than a railroad sign or signal, whether manually, electrically or
mechanically operated, by which traffic is alternately directed to stop and
permitted to proceed.
(Source: P.A. 83-831.)
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(625 ILCS 5/1-209) (from Ch. 95 1/2, par. 1-209)
Sec. 1-209.
Trailer.
Every vehicle without motive power in operation, other than a pole
trailer, designed for carrying persons or property and for being drawn by a
motor vehicle and so constructed that no part of its weight rests upon the
towing vehicle.
(Source: P.A. 76-1798.)
|
(625 ILCS 5/1-209.1) Sec. 1-209.1. Trailer transporter towing unit. A power unit that is not used to carry property when operating in a towaway trailer transporter combination.
(Source: P.A. 99-717, eff. 8-5-16.) |
(625 ILCS 5/1-209.3) (Text of Section before amendment by P.A. 104-457) Sec. 1-209.3. Transit bus. A bus engaged in public transportation as defined by the Regional Transportation Authority Act and authorized by the Department to be used on specifically designated roadway shoulders.
(Source: P.A. 97-292, eff. 8-11-11.) (Text of Section after amendment by P.A. 104-457) Sec. 1-209.3. Transit bus. A bus engaged in public transportation and authorized by the Department to be used on specifically designated roadway shoulders.(Source: P.A. 104-457, eff. 6-1-26.) |
(625 ILCS 5/1-209.5)
Sec. 1-209.5.
Transportation.
The actual movement of property or
passengers by motor vehicle, together with loading, unloading, and any other
accessorial or ancillary service provided by the carrier in connection with
movement by motor vehicle.
(Source: P.A. 90-89, eff. 1-1-98.)
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(625 ILCS 5/1-210) (from Ch. 95 1/2, par. 1-210)
Sec. 1-210.
Transporter.
Every person engaged in the driveaway or towaway business of
transporting vehicles, not his own, by driving, either singly or by the
towbar, saddle mount or full mount methods or any combinations thereof or
by drawing or towing house trailers, semitrailers or trailers, including
their coupling devices, and using the public highways of this State
therefor.
(Source: P.A. 78-858.)
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(625 ILCS 5/1-210.01) (from Ch. 95 1/2, par. 1-210.01)
Sec. 1-210.01.
Travel trailer.
A trailer, not used commercially,
designed to provide living quarters for recreational, camping or travel
use, and of a size or weight not requiring an overdimension permit when
towed on a highway.
(Source: P.A. 81-969.)
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(625 ILCS 5/1-211) (from Ch. 95 1/2, par. 1-211)
Sec. 1-211.
Truck.
Every motor vehicle designed, used, or maintained
primarily for the
transportation of property.
(Source: P.A. 88-476.)
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(625 ILCS 5/1-211.01) (from Ch. 95 1/2, par. 1-211.01)
Sec. 1-211.01.
Truck camper.
A truck, not used commercially, when
equipped with a portable unit designed to be loaded onto the bed which
is constructed to provide temporary living quarters for
recreational, travel, or camping use.
(Source: P.A. 91-357, eff. 7-29-99.)
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(625 ILCS 5/1-211.1) (from Ch. 95 1/2, par. 1-211.1)
Sec. 1-211.1.
(Blank).
(Source: Renumbered as 625 ILCS 5/1-212.5 by P.A. 90-89, eff. 1-1-98.)
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(625 ILCS 5/1-212) (from Ch. 95 1/2, par. 1-212)
Sec. 1-212. Truck tractor.
Every motor vehicle designed and used primarily for drawing other
vehicles and not so constructed as to carry a load other than a part of the
weight of the vehicle and load so drawn, or a power unit that carries as property motor vehicles when operating in combination with a semitrailer in transporting motor vehicles or any other commodity, including cargo or general freight, on a backhaul.
(Source: P.A. 99-717, eff. 8-5-16.)
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(625 ILCS 5/1-212.5) (from Ch. 95 1/2, par. 1-211.1)
Sec. 1-212.5.
Truckster.
Every motor vehicle or motorcycle with 3 wheels
designed, used or maintained primarily for the transportation of property.
(Source: P.A. 90-89, eff. 1-1-98.)
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(625 ILCS 5/1-213) (from Ch. 95 1/2, par. 1-213)
Sec. 1-213.
(Repealed).
(Source: P.A. 76-1586. Repealed by P.A. 90-89, eff. 1-1-98.)
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(625 ILCS 5/1-213.4)
Sec. 1-213.4.
Type I school bus.
A school bus with a Gross Vehicle Weight
Rating more than 10,000 pounds.
(Source: P.A. 90-89, eff. 1-1-98.)
|
(625 ILCS 5/1-213.5)
Sec. 1-213.5.
Type II school bus.
A school bus with a Gross Vehicle
Weight Rating of 10,000 pounds or less.
(Source: P.A. 90-89, eff. 1-1-98.)
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(625 ILCS 5/1-213.8) Sec. 1-213.8. Uniform Invoice. A form created by the Secretary for the purpose of transporting vehicles and essential parts that does not convey or transfer ownership rights of a vehicle from one entity to another.
(Source: P.A. 102-154, eff. 1-1-22.) |
(625 ILCS 5/1-214) (from Ch. 95 1/2, par. 1-214)
Sec. 1-214.
Urban district.
The territory contiguous to and including any street which is built up
with structures devoted to business, industry or dwelling houses situated
at intervals of less than 100 feet for a distance of a quarter of a mile or
more.
(Source: P.A. 76-1586.)
|
(625 ILCS 5/1-214.1) (from Ch. 95 1/2, par. 1-214.1)
Sec. 1-214.1.
(Blank).
(Source: Renumbered as 625 ILCS 5/1-214.8 by P.A. 90-89, eff. 1-1-98.)
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(625 ILCS 5/1-214.8) (from Ch. 95 1/2, par. 1-214.1)
Sec. 1-214.8.
Urban area.
An urban area is any incorporated or
unincorporated area developed primarily for residential and/or business
purposes.
(Source: P.A. 90-89, eff. 1-1-98.)
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(625 ILCS 5/1-215) (from Ch. 95 1/2, par. 1-215)
Sec. 1-215.
Used car dealer.
Every person engaged in the business of buying, selling or exchanging
used motor vehicles and who has an established place of business for such
purpose in this State.
(Source: P.A. 76-1586.)
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(625 ILCS 5/1-216) (from Ch. 95 1/2, par. 1-216)
Sec. 1-216.
Used motor vehicle.
Every motor vehicle which has been sold, bargained, exchanged, given
away, or title transferred from the person who first acquired it from the
manufacturer or importer, dealer, or agent of the manufacturer or importer
and so used as to have become what is commonly known as "second hand"
within the ordinary meaning thereof: Provided, that a new motor vehicle
shall not be considered as a "used motor vehicle" until it has been placed
in a bona fide consumer use, notwithstanding the number of transfers of
such motor vehicle. The term "bona fide consumer use" means actual
operation by an owner who acquired the vehicle for use in business or for
pleasure purposes and who has been granted a Certificate of Title on such
motor vehicle and has registered such motor vehicle, all in accordance with
the laws of the residence of the owner.
(Source: P.A. 76-1586.)
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(625 ILCS 5/1-216.5) Sec. 1-216.5. Utility trailer. A trailer, as defined in Section 1-209 of this Code, consisting of only one axle, weighing under 2,000 pounds, and used primarily for personal or individual use and not commercially used nor owned by a commercial business.
(Source: P.A. 102-353, eff. 1-1-22.) |
(625 ILCS 5/1-217) (from Ch. 95 1/2, par. 1-217)
Sec. 1-217. Vehicle. Every device, in, upon or by which any person or
property is or may be transported or drawn upon a highway or requiring a
certificate of title under Section 3-101(d) of this Code, except
devices
moved by human power, devices used exclusively upon stationary rails or
tracks, and snowmobiles as defined in the Snowmobile Registration and
Safety Act.
For the purposes of this Code, unless otherwise prescribed, a device
shall be considered to be a vehicle until such time it either comes within
the definition of a junk vehicle, as defined under this Code, or a junking
certificate is issued for it.
For this Code, vehicles are divided into 2 divisions:
First Division: Those motor vehicles which are designed for the carrying
of not more than 10 persons.
Second Division: Those vehicles which are designed for carrying more than
10 persons, those designed or used for living quarters and those vehicles
which are designed for pulling or carrying property, freight, or cargo and
those motor vehicles of the First Division remodelled for use and used as
motor vehicles of the Second Division.
(Source: P.A. 102-1130, eff. 7-1-23.)
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(625 ILCS 5/1-217.1) (from Ch. 95 1/2, par. 1-217.1)
Sec. 1-217.1.
Vehicle cowl.
The portion of the vehicle that separates the front
compartment from the rear compartment, commonly referred to as the
firewall, to which a vehicle identification number is normally attached.
(Source: P.A. 85-1204.)
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(625 ILCS 5/1-218) (from Ch. 95 1/2, par. 1-218)
Sec. 1-218.
(Repealed).
(Source: P.A. 77-643. Repealed by P.A. 90-89, eff. 1-1-98.)
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(625 ILCS 5/1-218.1) (from Ch. 95 1/2, par. 1-218.1)
Sec. 1-218.1.
Vehicle shell.
Every sheet metal part of a vehicle whether
or not attached to a chassis or part of a chassis. For the purposes of this
definition the term vehicle shell shall include the terms, shell, vehicle
hulk, body, vehicle body.
(Source: P.A. 83-831.)
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(625 ILCS 5/1-218.5)
Sec. 1-218.5.
Verified evidence.
A document that is confirmed or
substantiated by a sworn report or any public record received from a court of
competent jurisdiction.
(Source: P.A. 90-89, eff. 1-1-98.)
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(625 ILCS 5/1-218.10) Sec. 1-218.10. Video event recorder. A video recorder placed inside a vehicle that continuously records, in a digital loop, audio, video, and G-force levels.
(Source: P.A. 99-689, eff. 1-1-17.) |
(625 ILCS 5/1-219) (from Ch. 95 1/2, par. 1-219)
Sec. 1-219.
(Repealed).
(Source: P.A. 76-1586. Repealed by P.A. 90-89, eff. 1-1-98.)
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(625 ILCS 5/1-220) Sec. 1-220. Volunteer EMS provider. An Emergency Medical Services (EMS) Volunteer Ambulance provider who, on the effective date of this amendatory Act of the 99th General Assembly, has a valid memorandum of understanding with a municipality with a population of more than 1,000,000 to provide voluntary assistance to and for the benefit of the residents of that municipality.
(Source: P.A. 99-40, eff. 1-1-16.) |
(625 ILCS 5/1-221) (from Ch. 95 1/2, par. 1-221)
Sec. 1-221.
(Repealed).
(Source: P.A. 79-715. Repealed by P.A. 90-89, eff. 1-1-98.)
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(625 ILCS 5/1-222) (from Ch. 95 1/2, par. 1-222)
Sec. 1-222.
(Blank).
(Source: Renumbered as 625 ILCS 5/1-171.6 by P.A. 90-89, eff. 1-1-98.)
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(625 ILCS 5/1-223) (from Ch. 95 1/2, par. 1-223)
Sec. 1-223.
(Repealed).
(Source: P.A. 82-433. Repealed by P.A. 90-89, eff. 1-1-98.)
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(625 ILCS 5/1-224) (from Ch. 95 1/2, par. 1-224)
Sec. 1-224.
(Blank).
(Source: Renumbered as 625 ILCS 5/1-171.8 by P.A. 90-89, eff. 1-1-98.)
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(625 ILCS 5/1-300) (from Ch. 95 1/2, par. 1-300)
Sec. 1-300.
(Blank).
(Source: Renumbered as 625 ILCS 5/1-158.5 by P.A. 90-89, eff. 1-1-98.)
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(625 ILCS 5/Ch. 2 heading) CHAPTER 2.
THE SECRETARY OF STATE
|
(625 ILCS 5/2-101) (from Ch. 95 1/2, par. 2-101)
Sec. 2-101.
Administration vested in Secretary of State.
The Secretary of State is hereby vested with powers and duties and
jurisdiction of administering Chapters 2, 3, 4, 5, 6, 7, 8 and 9 of The
Illinois Vehicle Code.
(Source: P.A. 76-1586.)
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(625 ILCS 5/2-102) (from Ch. 95 1/2, par. 2-102)
Sec. 2-102.
Organization of administration.
The Secretary of State shall organize the work of the administration of
the portion of this Act delegated to him in such manner as he may deem
necessary to carry out those provisions of this Act.
(Source: P.A. 76-1586.)
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(625 ILCS 5/2-103) (from Ch. 95 1/2, par. 2-103)
Sec. 2-103.
Secretary of State to appoint subordinates.
The Secretary of State shall appoint such subordinate officers,
clerks, investigators, and other employees as may be necessary to carry
out the provisions of this Act.
(Source: P.A. 82-783.)
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(625 ILCS 5/2-104) (from Ch. 95 1/2, par. 2-104)
Sec. 2-104.
Powers and duties of the Secretary of State.
(a) The administration of Chapters 2, 3, 4, 5, 6, 7, 8 and 9 of this Act
is vested in the Secretary of State, who is charged with the duty of
observing, administering and enforcing the provisions of this Act.
(b) The Secretary may from time to time make, amend, and rescind such
rules and regulations as may be necessary in the public interest to carry
out the provisions of this Act, including rules and regulations governing
procedures for the filing of applications and the issuance of licenses or
registrations thereunder. The rules and regulations adopted by the
Secretary of State under this Act shall be effective in the manner provided
for in "The Illinois Administrative Procedure Act", approved September 22,
1975, as amended.
(Source: P.A. 83-333.)
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(625 ILCS 5/2-105) (from Ch. 95 1/2, par. 2-105)
Sec. 2-105. Offices of Secretary of State. (a) The Secretary of State shall maintain offices in the State capital and
in such other places in the State as he may deem necessary to properly
carry out the powers and duties vested in him.
(b) The Secretary of State may construct and equip one or more buildings in
the State of Illinois outside of the County of Sangamon as he deems
necessary to properly carry out the powers and duties vested in him. The
Secretary of State may, on behalf of the State of Illinois, acquire public
or private property needed therefor by lease, purchase or eminent domain.
The care, custody and control of such sites and buildings constructed
thereon shall be vested in the Secretary of State. Expenditures for the
construction and equipping of any of such buildings upon premises owned by
another public entity shall not be subject to the provisions of any State
law requiring that the State be vested with absolute fee title to the
premises. The exercise of the authority vested in the Secretary of State by
this Section is subject to the appropriation of the necessary funds.
(c) Pursuant to Sections 1A-16.1, 1A-16.7, and 1A-25 of the Election Code,
the Secretary of State shall make driver services facilities available for use as places of accepting applications for voter registration.
(d) (Blank).
(e) Each person applying at a driver services facility for a driver's
license or permit, a corrected driver's license or permit, an Illinois
identification card or a corrected Illinois identification card
shall be notified, under the procedures set forth in Sections 1A-16.1 and 1A-16.7 of the Election Code, that unless he or she affirmatively declines, his or her personal information shall be transferred to the State Board of Elections for the purpose of creating an electronic voter registration application. Such notification may be made in
writing or verbally issued by an employee or the Secretary of State.
The Secretary of State shall promulgate such rules as may be necessary
for the efficient execution of his duties and the duties of his employees
under this Section.
(f) Any person applying at a driver services facility for issuance or renewal of a driver's license or Illinois Identification Card shall be provided, without charge, with a brochure warning the person of the dangers of financial identity theft. The Department of Financial and Professional Regulation shall prepare these brochures and provide them to the Secretary of State for distribution. The brochures shall (i) identify signs warning the reader that he or she might be an intended victim of the crime of financial identity theft, (ii) instruct the reader in how to proceed if the reader believes that he or she is the victim of the crime of identity theft, and (iii) provide the reader with names and telephone numbers of law enforcement and other governmental agencies that provide assistance to victims of financial identity theft. (g) The changes made by this amendatory Act of the 100th General Assembly shall be implemented no later than July 1, 2018. (Source: P.A. 100-464, eff. 8-28-17.)
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(625 ILCS 5/2-105.5) Sec. 2-105.5. Eminent domain. Notwithstanding any other provision of this Code, any power granted under this Code to acquire property by condemnation or eminent domain is subject to, and shall be exercised in accordance with, the Eminent Domain Act.
(Source: P.A. 94-1055, eff. 1-1-07.) |
(625 ILCS 5/2-106) (from Ch. 95 1/2, par. 2-106) Sec. 2-106. Secretary of State to prescribe forms. The Secretary of State shall prescribe or provide suitable forms of applications, certificates of title, registration cards, driver's licenses and such other forms requisite or deemed necessary to carry out the provisions of this Act and any other laws pertaining to vehicles the enforcement and administration of which are vested in the Secretary of State. Any entity or vendor providing services to or on behalf of the Secretary of State may also prescribe or provide suitable forms under this Section to the extent authorized by the Secretary of State and upon approval of the Secretary of State. (Source: P.A. 104-105, eff. 8-1-25.) |
(625 ILCS 5/2-107) (from Ch. 95 1/2, par. 2-107)
Sec. 2-107.
Authority to administer oaths.
Officers and employees of the Secretary of State designated by him are,
for the purpose of administering the motor vehicle laws and any other laws
relating to the use and operation of motor vehicles, authorized to
administer oaths and acknowledge signatures, and shall do so without fee.
(Source: P.A. 76-1586.)
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(625 ILCS 5/2-108) (from Ch. 95 1/2, par. 2-108)
Sec. 2-108.
Authority to certify copies of records.
The Secretary of State is hereby authorized to prepare under the seal of
the Secretary of State certified copies of any records of his office and
every such certified copy shall be admissible in any proceeding in any
court in like manner as the original thereof.
(Source: P.A. 76-1586.)
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(625 ILCS 5/2-109) (from Ch. 95 1/2, par. 2-109)
Sec. 2-109.
Records of Secretary of State.
The Secretary of State may destroy any records of his office relating to
the administration of any laws relating to the use and operation of motor
vehicles the enforcement and administration of which are vested in him, if
such records have been maintained on file for 4 years. Such records may be
destroyed prior thereto with the approval of the State Records Commission.
(Source: P.A. 76-1586.)
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(625 ILCS 5/2-109.1)
Sec. 2-109.1. Exchange of information.
(a) The Secretary of State shall exchange information with the
Department of Healthcare and Family Services which may be necessary for
the establishment of
paternity and the establishment, modification, and enforcement of child
support orders pursuant to
the Illinois Public Aid Code, the Illinois
Marriage and Dissolution of Marriage Act, the Non-Support of
Spouse and Children Act, the Non-Support Punishment Act, the Revised
Uniform Reciprocal Enforcement of Support
Act, the Uniform Interstate Family Support
Act, the Illinois Parentage Act of 1984, or the Illinois Parentage Act of 2015.
(b) Notwithstanding any provisions in this Code to the
contrary, the Secretary of State shall not be liable
to any person for any disclosure of information to the
Department of Healthcare and Family Services (formerly Illinois Department of Public Aid) under subsection (a)
or for any
other action taken in good faith to comply with the requirements of
subsection (a).
(Source: P.A. 99-85, eff. 1-1-16.)
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(625 ILCS 5/2-110) (from Ch. 95 1/2, par. 2-110)
Sec. 2-110. Authority to grant or refuse applications.
The Secretary of State shall examine and determine the genuineness,
regularity and legality of every application for registration of a vehicle,
for a certificate of title therefor, and for a driver's license and of any
other application lawfully made to the Secretary of State, and may in all
cases make investigation
and verify the information and the authenticity of the documents submitted
as may be deemed necessary or require additional
information, and shall reject any such application if not satisfied of the
genuineness, regularity or legality thereof or the truth of any statement
contained therein, or for any other reason, when authorized by law.
(Source: P.A. 93-895, eff. 1-1-05.)
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(625 ILCS 5/2-111) (from Ch. 95 1/2, par. 2-111) Sec. 2-111. Seizure or confiscation of documents and plates.
(a) The Secretary of State or any law enforcement entity is
authorized to take possession of any certificate of title, registration
card, permit, license, registration plate or digital registration plate, plates, disability
license plate or parking decal or device, or registration sticker or digital registration sticker
issued by the Secretary upon expiration, revocation, cancellation, or suspension thereof,
or which is fictitious, or which has been unlawfully or erroneously issued.
Police officers who have seized such items shall return the items to the Secretary of State in a manner and form set forth by the Secretary in administrative rule to take possession of such item or items.
(b) The Secretary of State is authorized to confiscate any suspected
fraudulent,
fictitious, or altered documents submitted by an applicant in support of an
application for
a driver's license or permit.
(Source: P.A. 101-185, eff. 1-1-20; 101-395, eff. 8-16-19; 102-558, eff. 8-20-21.)
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(625 ILCS 5/2-112) (from Ch. 95 1/2, par. 2-112) Sec. 2-112. Distribution of synopsis laws. (a) The Secretary of State may publish a synopsis or summary of the laws of this State regulating the operation of vehicles and may deliver a copy thereof without charge with each original vehicle registration and with each original driver's license. (b) The Secretary of State shall make any necessary revisions in its publications, including, but not limited to, the Illinois Rules of the Road, to accurately conform its publications to the provisions of the Pedestrians with Disabilities Safety Act. (c) The Secretary of State shall include, in the Illinois Rules of the Road publication, information advising drivers of the laws and best practices for safely sharing the roadway with bicyclists and pedestrians, including, but not limited to, information advising drivers to use the Dutch Reach method when opening a vehicle door after parallel parking on a street (checking the rear-view mirror, checking the side-view mirror, then opening the door with the right hand, thereby reducing the risk of injuring a bicyclist or opening the door in the path a vehicle approaching from behind). (d) The Secretary of State shall include, in the Illinois Rules of the Road publication, information advising drivers to use the zipper merge method when merging into a reduced number of lanes (drivers in merging lanes are expected to use both lanes to advance to the lane reduction point and merge at that location, alternating turns). (e) The Secretary of State, in consultation with the Illinois State Police, shall include in the Illinois Rules of the Road publication a description of law enforcement procedures during traffic stops and the actions that a motorist should take during a traffic stop, including appropriate interactions with law enforcement officers. (f) The Secretary of State shall include, in the Illinois Rules of Road publication, information advising drivers on best practices related to stranded motorists. This may include, but is not limited to, how to safely pull the vehicle out of traffic, activating hazard lights, when to remain in a vehicle, how to safely exit a stranded vehicle, where to find a safe place outside the stranded vehicle, and emergency numbers to call for assistance. (g) The Secretary of State shall include, in the Illinois Rules of the Road publication, information pertaining to the transportation of hazardous materials. The information shall include an image and description that details the various hazardous material placards used on vehicles that transport hazardous materials. (Source: P.A. 103-249, eff. 1-1-24; 103-989, eff. 1-1-25; 104-260, eff. 8-15-25.) |
(625 ILCS 5/2-113) (from Ch. 95 1/2, par. 2-113)
Sec. 2-113.
Secretary of State may subpoena witnesses and request the production of
books and records.
(a) The Secretary of State, or employees designated by him, may request
the production of pertinent books, records, letters, contracts or other
pertinent documents of any person licensed or required to be licensed or
registered under any chapter of this Act, for the purpose of investigations
or audits, which in the opinion of the Secretary of State, are necessary
and proper for the enforcement of this Act and the collection of any fees
or taxes required to be paid under this Act.
(b) For the purpose of all hearings which in the opinion of the
Secretary of State are necessary and proper for the enforcement of this
Act, the Secretary of State, or a person designated by him is empowered to
administer oaths and affirmations, subpoena witnesses, take evidence, and
require the production of any books, papers or other documents which the
Secretary of State, or a person designated by him, deems relevant or
material to the inquiry. Any circuit court of this State, upon application
by the Secretary of State and upon a proper showing may order the
attendance of witnesses, the production of books, papers, accounts and
documents and the giving of testimony before the Secretary of State, or a
person designated by him; and any failure to obey such order may be
punished by such circuit court as a contempt thereof. The fees of
subpoenaed witnesses under this Act for attendance and travel shall be the
same as fees of witnesses before the circuit courts of the State, such fees
to be paid when the witness is excused from further attendance, provided,
such witness is subpoenaed at the instance of the Secretary of State; and
payment of such fees shall be made and audited in the same manner as other
expenses of the Secretary of State. Whenever a subpoena is issued at the
request of a complainant or respondent or defendant as the case may be, the
Secretary of State may require that the cost of service and the fee of the
witness shall be borne by the party at whose instance the witness is
summoned. The Secretary of State shall have power in his discretion, to
require a deposit to cover the cost of such service and witness fees and
the payment of the legal witness fee and mileage to the witness served with
subpoena. A subpoena issued under the provisions of this Act shall be
served in the same manner as a subpoena issued out of a court.
(Source: P.A. 77-1541.)
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(625 ILCS 5/2-114) (from Ch. 95 1/2, par. 2-114)
Sec. 2-114. Giving of notice.
Whenever the Secretary of State is authorized or required to give any
notice under this Act or other law regulating the operation of vehicles,
unless a different method of giving such notice is otherwise expressly
prescribed, such notice shall be given either by personal delivery thereof
to the person to be so notified or by deposit in the United States mail of
such notice in an envelope with postage prepaid, addressed to such person
at his address as shown by the records of the Office of the Secretary of
State. The giving of notice by mail is complete upon the expiration of 4
days after such deposit of said notice. Proof of the giving of notice in
either such manner may be made by the certificate of any officer or
employee of the Secretary of State or affidavit of any person over 18 years
of age, naming the person to whom such notice was given and specifying the
time, place and manner of the giving thereof.
The Secretary may include with the notice any material, from any source, relating to the donation of any vehicle to any charitable not-for-profit organization that is exempt from federal income taxation under Section 501(c)(3) of the Internal Revenue Code.
(Source: P.A. 93-796, eff. 7-22-04.)
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(625 ILCS 5/2-115) (from Ch. 95 1/2, par. 2-115)
Sec. 2-115. Investigators.
(a) The Secretary of State, for the purpose
of
more effectively carrying out the provisions of the laws in relation to
motor vehicles, shall have power to appoint such number of investigators as
he may deem necessary. It shall be the duty of such investigators to
investigate and enforce violations of the provisions of this
Act administered by the Secretary of State and provisions of Chapters 11,
12, 13, 14, and 15 and to investigate and report any violation by any person
who operates as a motor carrier of property as defined in Section 18-100 of
this Act and does not hold a valid certificate or permit. Such investigators
shall have and may exercise throughout the State all of the powers of
peace officers.
No person may be retained in service as an investigator under this
Section after he or she has reached 60 years of age, except for a person employed in the title of Capitol Police Investigator, in which case, that person may not be retained in service after that person has reached 65 years of age.
The Secretary of State must authorize to each investigator employed under
this
Section and to any other employee of the Office of the Secretary of State
exercising the
powers of a peace officer a distinct badge that, on its face, (i) clearly
states that the
badge is authorized by
the Office of the Secretary of State and (ii) contains a unique identifying
number.
No other badge shall be authorized by
the Office of the Secretary of State.
(b) The Secretary may expend such sums as he deems necessary from
Contractual
Services appropriations for the Department of Police
for the purchase of evidence, for the employment of persons to obtain
evidence, and for the payment for any goods or services related to
obtaining evidence. Such sums shall be advanced to investigators authorized by
the
Secretary to expend funds, on vouchers signed by the Secretary. In
addition, the Secretary of State is authorized to maintain one or more
commercial checking accounts with any State banking corporation or
corporations organized under or subject to the Illinois Banking Act for the
deposit and withdrawal of moneys to be used solely for the purchase of
evidence and for the employment of persons to obtain evidence, or for the
payment for any goods or services related to obtaining evidence; provided
that no check may be written on nor any withdrawal made from any such
account except on the written signatures of 2 persons designated by the
Secretary to write such checks and make such withdrawals, and provided
further that the balance of moneys on deposit in any such account shall not
exceed $5,000 at any time, nor shall any one check written on or single
withdrawal made from any such account exceed $5,000.
All fines or moneys collected or received by the Department of Police under
any State or federal forfeiture statute; including, but not limited to moneys
forfeited under Section 12 of the Cannabis Control Act, moneys forfeited under Section 85 of the Methamphetamine Control and Community Protection Act,
and moneys distributed
under Section 413 of the Illinois Controlled Substances Act, shall be deposited
into the Secretary of State Evidence Fund.
In all convictions for offenses in violation of this Act, the Court may
order restitution to the Secretary of any or all sums expended for the
purchase of evidence, for the employment of persons to obtain evidence,
and for the payment for any goods or services related to obtaining evidence.
All such restitution received by the Secretary shall be deposited into the
Secretary of State Evidence Fund. Moneys deposited into the fund shall,
subject to appropriation, be used by the Secretary of State for the
purposes provided for under the provisions of this Section.
(Source: P.A. 100-201, eff. 8-18-17; 101-610, eff. 1-1-20.)
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(625 ILCS 5/2-116) (from Ch. 95 1/2, par. 2-116)
Sec. 2-116. Secretary of State Department of Police.
(a) The Secretary of State and the officers, inspectors, and
investigators appointed by him shall cooperate with the Illinois State Police and
the sheriffs and police in enforcing the laws regulating the operation of
vehicles and the use of the highways.
(b) The Secretary of State may provide training and education for
members of his office in traffic regulation, the promotion of traffic
safety and the enforcement of laws vested in the Secretary of State for
administration and enforcement regulating the operation of vehicles and the
use of the highways.
(c) The Secretary of State may provide distinctive uniforms and badges
for officers, inspectors and investigators employed in the administration
of laws relating to the operation of vehicles and the use of the highways
and vesting the administration and enforcement of such laws in the
Secretary of State.
(c-5) The Director of the Secretary of State Department of Police shall establish a program to allow a Secretary of State Police officer, inspector, or investigator who is honorably retiring in good standing to purchase either one or both of the following: (1) any Secretary of State Department of Police badge previously issued to that officer, inspector, or investigator; or (2) if the officer, inspector, or investigator has a currently valid Firearm Owner's Identification Card, the service firearm issued or previously issued to the officer, inspector, or investigator by the Secretary of State Department of Police. The cost of the firearm shall be the replacement value of the firearm and not the firearm's fair market value. (d) The Secretary of State Department of Police is authorized to:
(1) investigate the origins, activities, persons, and | ||
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(2) employ skilled experts, technicians, | ||
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(3) cooperate with the police of cities, villages, | ||
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(4) provide, as may be required by law, assistance to | ||
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(5) exercise the rights, powers, and duties which | ||
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(6) enforce and administer any other laws in relation | ||
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Persons within the Secretary of State Department of Police who exercise
these powers are conservators of the peace and have all the powers possessed
by policemen in municipalities and sheriffs, and may exercise these powers
anywhere in the State in cooperation with local
law enforcement officials. These
persons may use false or fictitious names in the performance of their duties
under this Section, upon approval of the Director of Police-Secretary of
State, and shall not be subject to prosecution under the criminal laws for that
use.
(e) The Secretary of State Department of Police may charge, collect, and
receive fees or moneys equivalent to the cost of providing its personnel,
equipment, and services to governmental agencies when explicitly requested by
a governmental agency and according to an intergovernmental agreement or
memorandums of understanding as provided by this Section, including but not
limited to fees or moneys equivalent to the cost of providing training to other
governmental agencies on terms and conditions that in the judgment of the
Director of Police-Secretary of State are in the best interest of the
Secretary of State. All fees received by the Secretary of State Police
Department under this Act shall be deposited in a special fund in the State
Treasury to be known as
the Secretary of State Police Services Fund. The money deposited in the
Secretary of State Police Services Fund shall be appropriated to the Secretary
of State Department of Police as provided for in subsection (g).
(f) The Secretary of State Department of Police may apply for grants or
contracts and receive, expend, allocate, or disburse moneys made
available by public or private entities, including, but not limited to,
contracts,
bequests, grants, or receiving equipment from corporations, foundations, or
public or private institutions of higher learning.
(g) The Secretary of State Police Services Fund is hereby created as a
special fund in the State Treasury. All moneys received under this Section by
the Secretary of
State
Department of Police shall be deposited into the Secretary of State Police
Services Fund to be appropriated to the Secretary of State Department of Police
for purposes as indicated by the grantor or contractor or, in the case of
moneys bequeathed or granted for no specific purpose, for any purpose as
deemed appropriate by the Director of Police-Secretary of State in
administering the responsibilities of the Secretary of State Department of
Police.
(Source: P.A. 102-538, eff. 8-20-21.)
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(625 ILCS 5/2-117) (from Ch. 95 1/2, par. 2-117)
Sec. 2-117.
Injunction.
Whenever it shall appear to the Secretary of State that any person is
engaged or about to engage in any acts or practices which constitute or
will constitute a violation of the provisions of this Act, or of any rule
or regulation prescribed under authority thereof, the Secretary of State
may in his or her discretion, through the Attorney General, apply for an
injunction without notice, and upon a proper showing,
the circuit court shall have power to enter a permanent or
preliminary
injunction or a temporary restraining order without bond, to enforce
the provisions of
this Act, in addition to the penalties and other remedies in this Act
provided; and either party may appeal as in other civil cases.
(Source: P.A. 83-342.)
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(625 ILCS 5/2-118) (from Ch. 95 1/2, par. 2-118)
Sec. 2-118. Hearings.
(a) Upon the suspension, revocation or denial of
the issuance of a license, permit, registration or certificate of title
under this Code of any person the Secretary of State shall immediately
notify such person in writing and upon his written request shall, within 20
days after receipt thereof, set a date for a hearing to commence within 90
calendar days from the date of the written request for all requests related to
a suspension, revocation, or the denial of the issuance of a license, permit,
registration, or certificate of title occurring after July 1, 2002, in the
County of
Sangamon, the County of Jefferson, or the County of Cook, as such
person may specify, unless both
parties agree that such hearing may be held in some other county.
The Secretary may require the payment of a fee of not more than $50 for the
filing of any petition, motion, or request for hearing conducted pursuant to
this Section. These fees must be deposited into the Secretary of State DUI
Administration Fund, a special fund created in the State treasury, and, subject
to appropriation and as directed by the Secretary of State, shall be used for
operation of the Department of Administrative Hearings of the Office of the
Secretary of
State
and for no other purpose. The
Secretary shall establish by rule the amount and the procedures, terms, and
conditions relating to these fees.
(b) At any time after the suspension, revocation or denial of a license,
permit, registration or certificate of title of any person as
hereinbefore referred to, the Secretary of State, in his or her discretion
and
without the necessity of a request by such person, may hold such a hearing,
upon not less than 10 days' notice in writing, in the Counties of Sangamon,
Jefferson,
or Cook or in any other county agreed to by the parties.
(c) Upon any such hearing, the Secretary of State, or his authorized
agent may administer oaths and issue subpoenas for the attendance of
witnesses and the production of relevant books and records and may require
an examination of such person. Upon any such hearing, the Secretary of
State shall either rescind or, good cause appearing therefor, continue,
change or extend the Order of Revocation or Suspension, or upon petition
therefore and subject to the provisions of this Code, issue a restricted
driving permit or reinstate the license or permit of such person.
(d) All hearings and hearing procedures shall comply with requirements
of the Constitution, so that no person is deprived of due process of law
nor denied equal protection of the laws. All hearings shall be held before
the Secretary of State or before such persons as may be designated by the
Secretary of State and appropriate records of such hearings shall be kept.
Where a transcript of the hearing is taken, the person requesting the
hearing shall have the opportunity to order a copy thereof at his own
expense.
The Secretary of State shall enter an order upon any hearing conducted
under this Section, related to a suspension, revocation, or the denial of
the issuance of a license, permit, registration, or certificate of title
occurring after July 1, 2002, within 90 days of its conclusion and shall
immediately notify the person in writing of his or her action.
(d-5) Any hearing over which the Secretary of State has jurisdiction because of a person's implied consent to testing of the person's blood, breath, other bodily substance, or urine for the presence of alcohol, drugs, or intoxicating compounds may be conducted upon a review of the official police reports. Either party, however, may subpoena the arresting officer and any other law enforcement officer who was involved in the petitioner's arrest or processing after arrest, as well as any other person whose testimony may be probative to the issues at the hearing. The failure of a law enforcement officer to answer the subpoena shall be considered grounds for a continuance if, in the hearing officer's discretion, the continuance is appropriate. The failure of the arresting officer to answer a subpoena shall not, in and of itself, be considered grounds for the rescission of an implied consent suspension. Rather, the hearing shall proceed on the basis of the other evidence available, and the hearing officer shall assign this evidence whatever probative value is deemed appropriate. The decision whether to rescind shall be based upon the totality of the evidence.
(e) The action of the
Secretary of State in suspending, revoking or denying any license, permit,
registration, or certificate of title shall be subject to judicial review
in the
Circuit Court of Sangamon County, in the Circuit Court of Jefferson County,
or in the Circuit Court of Cook County, and the
provisions of the Administrative Review Law, and all amendments and
modifications thereto, and the rules adopted pursuant thereto, are hereby
adopted and shall apply to and govern every action for the judicial review of
final acts or decisions of the Secretary of State hereunder.
(Source: P.A. 99-697, eff. 7-29-16.)
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(625 ILCS 5/2-118.1) (from Ch. 95 1/2, par. 2-118.1) Sec. 2-118.1. Opportunity for hearing; statutory summary alcohol
or other drug related suspension or revocation pursuant to Section 11-501.1. (a) A statutory summary suspension or revocation of driving privileges under Section
11-501.1 shall not become effective until the person is notified in writing of
the impending suspension or revocation and informed that he may request a hearing in the
circuit court of venue under paragraph (b) of this Section and the statutory
summary suspension or revocation shall become effective as provided in Section 11-501.1. (b) Within 90 days after the notice of statutory summary
suspension or revocation served under Section
11-501.1, the person may make a written request for a judicial hearing in
the circuit court of venue. The request to the circuit court shall state
the grounds upon which the person seeks to have the statutory summary
suspension or revocation rescinded. Within 30 days after receipt of the written request
or the first appearance date on the Uniform Traffic Ticket issued pursuant
to a violation of Section 11-501, or a similar provision of a local
ordinance, the hearing shall be conducted by the circuit court having
jurisdiction. This judicial hearing, request, or process shall not stay or
delay the statutory summary suspension or revocation. The hearings shall proceed in the
court in the same manner as in other civil proceedings. The hearing may be conducted upon a review of the law enforcement
officer's own official reports; provided however, that the person may
subpoena the officer. Failure of the officer to answer the subpoena shall
be considered grounds for a continuance if in the court's discretion the
continuance is appropriate. The scope of the hearing shall be limited to the issues of: 1. Whether the person was placed under arrest for an | ||
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2. Whether the officer had reasonable grounds to | ||
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3. Whether the person, after being advised by the | ||
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4. Whether the person, after being advised by the | ||
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4.2. (Blank). 4.5. (Blank). 5. If the person's driving privileges were revoked, | ||
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Upon the conclusion of the judicial hearing, the circuit court shall
sustain or rescind the statutory summary suspension or revocation and immediately notify
the Secretary of State. Reports received by the Secretary of State under
this Section shall be privileged information and for use only by the
courts, police officers, and Secretary of State.(Source: P.A. 102-982, eff. 7-1-23.) |
(625 ILCS 5/2-118.2) Sec. 2-118.2. Opportunity for hearing; cannabis-related suspension under Section 11-501.9. (a) A suspension of driving privileges under Section 11-501.9 of this Code shall not become effective until the person is notified in writing of the impending suspension and informed that he or she may request a hearing in the circuit court of venue under subsection (b) of this Section and the suspension shall become effective as provided in Section 11-501.9. (b) Within 90 days after the notice of suspension served under Section 11-501.9, the person may make a written request for a judicial hearing in the circuit court of venue. The request to the circuit court shall state the grounds upon which the person seeks to have the suspension rescinded. Within 30 days after receipt of the written request or the first appearance date on the Uniform Traffic Ticket issued for a violation of Section 11-501 of this Code, or a similar provision of a local ordinance, the hearing shall be conducted by the circuit court having jurisdiction. This judicial hearing, request, or process shall not stay or delay the suspension. The hearing shall proceed in the court in the same manner as in other civil proceedings. The hearing may be conducted upon a review of the law enforcement officer's own official reports; provided however, that the person may subpoena the officer. Failure of the officer to answer the subpoena shall be considered grounds for a continuance if in the court's discretion the continuance is appropriate. The scope of the hearing shall be limited to the issues of: (1) Whether the officer had reasonable suspicion | ||
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(2) Whether the person, after being advised by the | ||
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(3) Whether the person after being advised by the | ||
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Upon the conclusion of the judicial hearing, the circuit court shall sustain or rescind the suspension and immediately notify the Secretary of State. Reports received by the Secretary of State under this Section shall be privileged information and for use only by the courts, police officers, and Secretary of State.
(Source: P.A. 101-27, eff. 6-25-19; 101-363, eff. 8-9-19; 101-593, eff. 12-4-19.) |
(625 ILCS 5/2-119) (from Ch. 95 1/2, par. 2-119) Sec. 2-119. Disposition of fees and taxes. (a) All moneys received from Salvage Certificates shall be deposited in the Common School Fund in the State treasury. (b) Of the money collected for each certificate of title, duplicate certificate of title, and corrected certificate of title: (1) $2.60 shall be deposited in the Park and | ||
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(2) $0.65 shall be deposited in the Illinois | ||
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(3) $48 shall be disbursed under subsection (g) of | ||
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(4) $4 shall be deposited into the Motor Vehicle | ||
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(5) $30 shall be deposited into the Capital Projects | ||
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(6) $10 shall be deposited into the Secretary of | ||
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All remaining moneys collected for certificates of title, and all moneys collected for filing of security interests, shall be deposited in the General Revenue Fund. The $20 collected for each delinquent vehicle registration renewal fee shall be deposited into the General Revenue Fund. The moneys deposited in the Park and Conservation Fund under this Section shall be used for the acquisition and development of bike paths as provided for in Section 805-420 of the Department of Natural Resources (Conservation) Law of the Civil Administrative Code of Illinois. The moneys deposited into the Park and Conservation Fund under this subsection shall not be subject to administrative charges or chargebacks, unless otherwise authorized by this Code. If the balance in the Motor Vehicle License Plate Fund exceeds $40,000,000 on the last day of a calendar month, then during the next calendar month, the $4 that otherwise would be deposited in that fund shall instead be deposited into the Road Fund. (c) All moneys collected for that portion of a driver's license fee designated for driver education under Section 6-118 shall be placed in the Drivers Education Fund in the State treasury. (d) Of the moneys collected as a registration fee for each motorcycle, motor driven cycle, and moped, 27% shall be deposited in the Cycle Rider Safety Training Fund. (e) (Blank). (f) Of the total money collected for a commercial learner's permit (CLP) or original or renewal issuance of a commercial driver's license (CDL) pursuant to the Uniform Commercial Driver's License Act (UCDLA): (i) $6 of the total fee for an original or renewal CDL, and $6 of the total CLP fee when such permit is issued to any person holding a valid Illinois driver's license, shall be paid into the CDLIS/AAMVAnet/NMVTIS Trust Fund and shall be used for the purposes provided in Section 6z-23 of the State Finance Act and (ii) $20 of the total fee for an original or renewal CDL or CLP shall be paid into the Motor Carrier Safety Inspection Fund, which is hereby created as a special fund in the State treasury, to be used by the Illinois State Police, subject to appropriation, to hire additional officers to conduct motor carrier safety inspections pursuant to Chapter 18b of this Code. (g) Of the moneys received by the Secretary of State as registration fees or taxes, certificates of title, duplicate certificates of title, corrected certificates of title, or as payment of any other fee under this Code, when those moneys are not otherwise distributed by this Code, 37% shall be deposited into the State Construction Account Fund, and 63% shall be deposited in the Road Fund. Moneys in the Road Fund shall be used for the purposes provided in Section 8.3 of the State Finance Act. (h) (Blank). (i) (Blank). (j) (Blank). (k) There is created in the State treasury a special fund to be known as the Secretary of State Special License Plate Fund. Money deposited into the Fund shall, subject to appropriation, be used by the Office of the Secretary of State (i) to help defray plate manufacturing and plate processing costs for the issuance and, when applicable, renewal of any new or existing registration plates authorized under this Code and (ii) for grants made by the Secretary of State to benefit Illinois Veterans Home libraries. (l) The Motor Vehicle Review Board Fund is created as a special fund in the State treasury. Moneys deposited into the Fund under paragraph (7) of subsection (b) of Section 5-101 and Section 5-109 shall, subject to appropriation, be used by the Office of the Secretary of State to administer the Motor Vehicle Review Board, including, without limitation, payment of compensation and all necessary expenses incurred in administering the Motor Vehicle Review Board under the Motor Vehicle Franchise Act. (m) Effective July 1, 1996, there is created in the State treasury a special fund to be known as the Family Responsibility Fund. Moneys deposited into the Fund shall, subject to appropriation, be used by the Office of the Secretary of State for the purpose of enforcing the Illinois Safety and Family Financial Responsibility Law. (n) The Illinois Fire Fighters' Memorial Fund is created as a special fund in the State treasury. Moneys deposited into the Fund shall, subject to appropriation, be used by the Office of the State Fire Marshal for construction of the Illinois Fire Fighters' Memorial to be located at the State Capitol grounds in Springfield, Illinois. Upon the completion of the Memorial, moneys in the Fund shall be used in accordance with Section 3-634. (o) Of the money collected for each certificate of title for all-terrain vehicles and off-highway motorcycles, $17 shall be deposited into the Off-Highway Vehicle Trails Fund. (p) For audits conducted on or after July 1, 2003 pursuant to Section 2-124(d) of this Code, 50% of the money collected as audit fees shall be deposited into the General Revenue Fund. (q) Beginning July 1, 2023, the additional fees imposed by Public Act 103-8 in Sections 2-123, 3-821, and 6-118 shall be deposited into the Secretary of State Special Services Fund. (Source: P.A. 103-8, eff. 7-1-23; 103-605, eff. 7-1-24; 104-435, eff. 11-21-25.) |
(625 ILCS 5/2-120) (from Ch. 95 1/2, par. 2-120)
Sec. 2-120. Disposition of fines and forfeitures.
(a) Fines and
penalties recovered under the provisions of this Act administered by the
Secretary of State, except those fines, assessments, and penalties subject to
disbursement by the circuit clerk under the Criminal and Traffic Assessment Act, shall be paid over and used as follows:
1. For violations of this Act committed within the | ||
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2. For violations of this Act committed outside the | ||
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3. For the purposes of this Act an offense for | ||
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(b) Failure, refusal or neglect on the part of any
judicial or other officer or employee receiving or having custody of any
such fine or forfeiture either before or after a deposit with the proper
official as defined in paragraph (a) of this Section, shall constitute
misconduct in office and shall be grounds for removal therefrom.
(Source: P.A. 100-987, eff. 7-1-19.)
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(625 ILCS 5/2-121) (from Ch. 95 1/2, par. 2-121)
Sec. 2-121.
Local Government tax.
(a) No owner of a vehicle who shall have obtained a certificate from the
Secretary of State and paid the registration fee and tax as provided in
this Act, shall be required by any county, city, village, incorporated
town,
or
other municipal corporation within the State other than a county, city,
village,
incorporated town, or other municipal corporation in which the
owner
resides
or in which a vehicle has its situs or base, to pay any tax or license fee
for the use of the vehicle. The county, city, village, or incorporated
town
in which the
owner resides or in which a vehicle has its situs or base, except commercial
motor vehicles as defined in paragraph (2) of Section 18b-101 that are
registered under Section 3-402.1, may impose a tax or license fee as is
provided in Section 8-11-4 of the
Illinois Municipal Code or a similar county ordinance that imposes a tax or
license fee on an owner of a vehicle for the use of the vehicle.
Nor shall the owner be required to display upon his vehicle any plate
or tax or license number other than that issued by the Secretary of State
or by the county, city, village, incorporated town, or other municipal
corporation
within the State within which the owner resides or in which a vehicle has
its situs or base. However, a resident owner shall not be required to
display on his vehicle, the plate or tax or license number issued by the
county, city, village, or incorporated town of his residence if
his vehicle is
displaying the plate or tax or license number issued by the place wherein
the vehicle has its situs or base.
This subsection (a) applies to ordinances enacted by any county, city,
village, incorporated town, or other municipal corporation. Any provision of
an ordinance enacted by a county, city, village, incorporated town, or other
municipal corporation that is inconsistent with this subsection (a) is null and
void.
(b) No county, city, village, incorporated town, or other municipal
corporation, including a home rule unit, may impose a tax or license fee under
Section 8-11-4 of the Illinois Municipal Code, or impose a similar tax or
license fee under home rule powers, upon any commercial vehicle as defined in
paragraph (2) of Section 18b-101 that is registered under Section 3-402.1.
This subsection (b) is a denial and limitation of home rule powers and
functions under subsection (g) of Section 6 of Article VII of the Illinois
Constitution.
(Source: P.A. 90-433, eff. 8-16-97.)
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(625 ILCS 5/2-122) (from Ch. 95 1/2, par. 2-122)
Sec. 2-122.
Remittance agents.
The Secretary of State shall administer the law relating to remittance
agents pursuant to the law.
(Source: P.A. 76-1586.)
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(625 ILCS 5/2-123) (from Ch. 95 1/2, par. 2-123) Sec. 2-123. Sale and distribution of information. (a) Except as otherwise provided in this Section, the Secretary may make the driver's license, vehicle and title registration lists, in part or in whole, and any statistical information derived from these lists available to local governments, elected state officials, state educational institutions, and all other governmental units of the State and Federal Government requesting them for governmental purposes. The Secretary shall require any such applicant for services to pay for the costs of furnishing such services and the use of the equipment involved, and in addition is empowered to establish prices and charges for the services so furnished and for the use of the electronic equipment utilized. (b) The Secretary is further empowered to and he may, in his discretion, furnish to any applicant, other than listed in subsection (a) of this Section, vehicle or driver data on a computer tape, disk, other electronic format or computer processable medium, or printout at a fixed fee of $500, in advance, and require in addition a further sufficient deposit based upon the Secretary of State's estimate of the total cost of the information requested and a charge of $50, per 1,000 units or part thereof identified or the actual cost, whichever is greater. The Secretary is authorized to refund any difference between the additional deposit and the actual cost of the request. This service shall not be in lieu of an abstract of a driver's record nor of a title or registration search. This service may be limited to entities purchasing a minimum number of records as required by administrative rule. The information sold pursuant to this subsection shall be the entire vehicle or driver data list, or part thereof. The information sold pursuant to this subsection shall not contain personally identifying information unless the information is to be used for one of the purposes identified in subsection (f-5) of this Section. Commercial purchasers of driver and vehicle record databases shall enter into a written agreement with the Secretary of State that includes disclosure of the commercial use of the information to be purchased. (b-1) The Secretary is further empowered to and may, in his or her discretion, furnish vehicle or driver data on a computer tape, disk, or other electronic format or computer processible medium, at no fee, to any State or local governmental agency that uses the information provided by the Secretary to transmit data back to the Secretary that enables the Secretary to maintain accurate driving records, including dispositions of traffic cases. This information may be provided without fee not more often than once every 6 months. (c) Secretary of State may issue registration lists. The Secretary of State may compile a list of all registered vehicles. Each list of registered vehicles shall be arranged serially according to the registration numbers assigned to registered vehicles and may contain in addition the names and addresses of registered owners and a brief description of each vehicle including the serial or other identifying number thereof. Such compilation may be in such form as in the discretion of the Secretary of State may seem best for the purposes intended. (d) The Secretary of State shall furnish no more than 2 current available lists of such registrations to the sheriffs of all counties and to the chiefs of police of all cities and villages and towns of 2,000 population and over in this State at no cost. Additional copies may be purchased by the sheriffs or chiefs of police at the fee of $500 each or at the cost of producing the list as determined by the Secretary of State. Such lists are to be used for governmental purposes only. (e) (Blank). (e-1) (Blank). (f) The Secretary of State shall make a title or registration search of the records of his office and a written report on the same for any person, upon written application of such person, accompanied by a fee of $5 for each registration or title search. The written application shall set forth the intended use of the requested information. No fee shall be charged for a title or registration search, or for the certification thereof requested by a government agency. The report of the title or registration search shall not contain personally identifying information unless the request for a search was made for one of the purposes identified in subsection (f-5) of this Section. The report of the title or registration search shall not contain highly restricted personal information unless specifically authorized by this Code. The Secretary of State shall certify a title or registration record upon written request. The fee for certification shall be $5 in addition to the fee required for a title or registration search. Certification shall be made under the signature of the Secretary of State and shall be authenticated by Seal of the Secretary of State. The Secretary of State may notify the vehicle owner or registrant of the request for purchase of his title or registration information as the Secretary deems appropriate. No information shall be released to the requester until expiration of a 10-day period. This 10-day period shall not apply to requests for information made by law enforcement officials, government agencies, financial institutions, attorneys, insurers, employers, automobile associated businesses, persons licensed as a private detective or firms licensed as a private detective agency under the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004, who are employed by or are acting on behalf of law enforcement officials, government agencies, financial institutions, attorneys, insurers, employers, automobile associated businesses, and other business entities for purposes consistent with the Illinois Vehicle Code, the vehicle owner or registrant or other entities as the Secretary may exempt by rule and regulation. Any misrepresentation made by a requester of title or vehicle information shall be punishable as a petty offense, except in the case of persons licensed as a private detective or firms licensed as a private detective agency which shall be subject to disciplinary sanctions under Section 40-10 of the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004. (f-5) The Secretary of State shall not disclose or otherwise make available to any person or entity any personally identifying information obtained by the Secretary of State in connection with a driver's license, vehicle, or title registration record unless the information is disclosed for one of the following purposes: (1) For use by any government agency, including any | ||
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(2) For use in connection with matters of motor | ||
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(3) For use in the normal course of business by a | ||
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(A) to verify the accuracy of personal | ||
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(B) if such information as so submitted is not | ||
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(4) For use in research activities and for use in | ||
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(5) For use in connection with any civil, criminal, | ||
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(6) For use by any insurer or insurance support | ||
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(7) For use in providing notice to the owners of | ||
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(8) For use by any person licensed as a private | ||
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(9) For use by an employer or its agent or insurer to | ||
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(10) For use in connection with the operation of | ||
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(11) For use by any requester, if the requester | ||
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(12) For use by members of the news media, as defined | ||
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(13) For any other use specifically authorized by | ||
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(f-6) The Secretary of State shall not disclose or otherwise make available to any person or entity any highly restricted personal information obtained by the Secretary of State in connection with a driver's license, vehicle, or title registration record unless specifically authorized by this Code. (g) 1. The Secretary of State may, upon receipt of a written request and a fee as set forth in Section 6-118, furnish to the person or agency so requesting a driver's record or data contained therein. Such document may include a record of: current driver's license issuance information, except that the information on judicial driving permits shall be available only as otherwise provided by this Code; convictions; orders entered revoking, suspending or cancelling a driver's license or privilege; and notations of crash involvement. All other information, unless otherwise permitted by this Code, shall remain confidential. Information released pursuant to a request for a driver's record shall not contain personally identifying information, unless the request for the driver's record was made for one of the purposes set forth in subsection (f-5) of this Section. The Secretary of State may, without fee, allow a parent or guardian of a person under the age of 18 years, who holds an instruction permit or graduated driver's license, to view that person's driving record online, through a computer connection. The parent or guardian's online access to the driving record will terminate when the instruction permit or graduated driver's license holder reaches the age of 18. 2. The Secretary of State shall not disclose or otherwise make available to any person or entity any highly restricted personal information obtained by the Secretary of State in connection with a driver's license, vehicle, or title registration record unless specifically authorized by this Code. The Secretary of State may certify an abstract of a driver's record upon written request therefor. Such certification shall be made under the signature of the Secretary of State and shall be authenticated by the Seal of his office. 3. All requests for driving record information shall be made in a manner prescribed by the Secretary and shall set forth the intended use of the requested information. The Secretary of State may notify the affected driver of the request for purchase of his driver's record as the Secretary deems appropriate. No information shall be released to the requester until expiration of a 10-day period. This 10-day period shall not apply to requests for information made by law enforcement officials, government agencies, financial institutions, attorneys, insurers, employers, automobile associated businesses, persons licensed as a private detective or firms licensed as a private detective agency under the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004, who are employed by or are acting on behalf of law enforcement officials, government agencies, financial institutions, attorneys, insurers, employers, automobile associated businesses, and other business entities for purposes consistent with the Illinois Vehicle Code, the affected driver or other entities as the Secretary may exempt by rule and regulation. Any misrepresentation made by a requester of driver information shall be punishable as a petty offense, except in the case of persons licensed as a private detective or firms licensed as a private detective agency which shall be subject to disciplinary sanctions under Section 40-10 of the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004. 4. The Secretary of State may furnish without fee, upon the written request of a law enforcement agency, any information from a driver's record on file with the Secretary of State when such information is required in the enforcement of this Code or any other law relating to the operation of motor vehicles, including records of dispositions; documented information involving the use of a motor vehicle; whether such individual has, or previously had, a driver's license; and the address and personal description as reflected on said driver's record. 5. Except as otherwise provided in this Section, the Secretary of State may furnish, without fee, information from an individual driver's record on file, if a written request therefor is submitted by any public transit system or authority, public defender, law enforcement agency, a state or federal agency, or an Illinois local intergovernmental association, if the request is for the purpose of a background check of applicants for employment with the requesting agency, or for the purpose of an official investigation conducted by the agency, or to determine a current address for the driver so public funds can be recovered or paid to the driver, or for any other purpose set forth in subsection (f-5) of this Section. The Secretary may also furnish the courts a copy of an abstract of a driver's record, without fee, subsequent to an arrest for a violation of Section 11-501 or a similar provision of a local ordinance. Such abstract may include records of dispositions; documented information involving the use of a motor vehicle as contained in the current file; whether such individual has, or previously had, a driver's license; and the address and personal description as reflected on said driver's record. 6. Any certified abstract issued by the Secretary of State or transmitted electronically by the Secretary of State pursuant to this Section, to a court or on request of a law enforcement agency, for the record of a named person as to the status of the person's driver's license shall be prima facie evidence of the facts therein stated and if the name appearing in such abstract is the same as that of a person named in an information or warrant, such abstract shall be prima facie evidence that the person named in such information or warrant is the same person as the person named in such abstract and shall be admissible for any prosecution under this Code and be admitted as proof of any prior conviction or proof of records, notices, or orders recorded on individual driving records maintained by the Secretary of State. 7. Subject to any restrictions contained in the Juvenile Court Act of 1987, and upon receipt of a proper request and a fee as set forth in Section 6-118, the Secretary of State shall provide a driver's record or data contained therein to the affected driver, or the affected driver's attorney, upon verification. Such record shall contain all the information referred to in paragraph 1 of this subsection (g) plus: any recorded crash involvement as a driver; information recorded pursuant to subsection (e) of Section 6-117 and paragraph (4) of subsection (a) of Section 6-204 of this Code. All other information, unless otherwise permitted by this Code, shall remain confidential. (h) The Secretary shall not disclose social security numbers or any associated information obtained from the Social Security Administration except pursuant to a written request by, or with the prior written consent of, the individual except: (1) to officers and employees of the Secretary who have a need to know the social security numbers in performance of their official duties, (2) to law enforcement officials for a civil or criminal law enforcement investigation, and if an officer of the law enforcement agency has made a written request to the Secretary specifying the law enforcement investigation for which the social security numbers are being sought, though the Secretary retains the right to require additional verification regarding the validity of the request, (3) to the United States Department of Transportation, or any other State, pursuant to the administration and enforcement of the Commercial Motor Vehicle Safety Act of 1986 or participation in State-to-State verification service, (4) pursuant to the order of a court of competent jurisdiction, (5) to the Department of Healthcare and Family Services (formerly Department of Public Aid) for utilization in the child support enforcement duties assigned to that Department under provisions of the Illinois Public Aid Code after the individual has received advanced meaningful notification of what redisclosure is sought by the Secretary in accordance with the federal Privacy Act, (5.5) to the Department of Healthcare and Family Services and the Department of Human Services solely for the purpose of verifying Illinois residency where such residency is an eligibility requirement for benefits under the Illinois Public Aid Code or any other health benefit program administered by the Department of Healthcare and Family Services or the Department of Human Services, (6) to the Illinois Department of Revenue solely for use by the Department in the collection of any tax or debt that the Department of Revenue is authorized or required by law to collect, provided that the Department shall not disclose the social security number to any person or entity outside of the Department, (7) to the Illinois Department of Veterans Affairs for the purpose of confirming veteran status, or (8) the last 4 digits to the Illinois State Board of Elections for purposes of voter registration and as may be required pursuant to an agreement for a multi-state voter registration list maintenance system. If social security information is disclosed by the Secretary in accordance with this Section, no liability shall rest with the Office of the Secretary of State or any of its officers or employees, as the information is released for official purposes only. (i) (Blank). (j) Medical statements or medical reports received in the Secretary of State's Office shall be confidential. Except as provided in this Section, no confidential information may be open to public inspection or the contents disclosed to anyone, except officers and employees of the Secretary who have a need to know the information contained in the medical reports and the Driver License Medical Advisory Board, unless so directed by an order of a court of competent jurisdiction. If the Secretary receives a medical report regarding a driver that does not address a medical condition contained in a previous medical report, the Secretary may disclose the unaddressed medical condition to the driver or his or her physician, or both, solely for the purpose of submission of a medical report that addresses the condition. (k) Beginning July 1, 2023, disbursement of fees collected under this Section shall be as follows: (1) of the $20 fee for a driver's record, $11 shall be paid into the Secretary of State Special Services Fund, and $6 shall be paid into the General Revenue Fund; (2) 50% of the amounts collected under subsection (b) shall be paid into the General Revenue Fund; and (3) all remaining fees shall be disbursed under subsection (g) of Section 2-119 of this Code. (l) (Blank). (m) Notations of crash involvement that may be disclosed under this Section shall not include notations relating to damage to a vehicle or other property being transported by a tow truck. This information shall remain confidential, provided that nothing in this subsection (m) shall limit disclosure of any notification of crash involvement to any law enforcement agency or official. (n) Requests made by the news media for driver's license, vehicle, or title registration information may be furnished without charge or at a reduced charge, as determined by the Secretary, when the specific purpose for requesting the documents is deemed to be in the public interest. Waiver or reduction of the fee is in the public interest if the principal purpose of the request is to access and disseminate information regarding the health, safety, and welfare or the legal rights of the general public and is not for the principal purpose of gaining a personal or commercial benefit. The information provided pursuant to this subsection shall not contain personally identifying information unless the information is to be used for one of the purposes identified in subsection (f-5) of this Section. (o) The redisclosure of personally identifying information obtained pursuant to this Section is prohibited, except to the extent necessary to effectuate the purpose for which the original disclosure of the information was permitted. (p) The Secretary of State is empowered to adopt rules to effectuate this Section.(Source: P.A. 103-8, eff. 7-1-23; 104-234, eff. 8-15-25.) |
(625 ILCS 5/2-123.5) Sec. 2-123.5. Confidentiality of highly restricted personal information contained in vehicle title and registration records. (a) An individual's photograph or image, signature, social security number, personal email address, and medical or disability information as may be submitted to the Secretary of State for purposes of a vehicle title and registration application shall be confidential and shall not be disclosed, except as provided under this Section. (b) Except for medical or disability information and social security numbers, any information deemed confidential under subsection (a) may be disclosed to the following persons: (1) the individual to whom the application and | ||
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(2) officers and employees of the Secretary of State | ||
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(3) law enforcement officials for a civil or criminal | ||
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(4) a person requesting disclosure of such | ||
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(c) Medical or disability information deemed confidential under this Section may be disclosed as provided under subsection (j) of Section 2-123. (d) Social security numbers or any associated information obtained from the Social Security Administration deemed confidential under this Section may be disclosed as provided under subsection (h) of Section 2-123.
(Source: P.A. 104-105, eff. 8-1-25.) |
(625 ILCS 5/2-124) (from Ch. 95 1/2, par. 2-124)
Sec. 2-124.
Audits, interest and penalties.
(a) Audits. The Secretary of State or employees and agents
designated by him, may audit the books, records, tax returns, reports,
and any and all other pertinent records or documents of any person
licensed or registered, or required to be licensed or registered, under
any provisions of this Act, for the purpose of determining whether such
person has not paid any fees or taxes required to be paid to the
Secretary of State and due to the State of Illinois.
For purposes of this Section, "person" means an individual, corporation,
or partnership, or an officer or an employee of any corporation, including
a dissolved corporation, or a member or an employee of any partnership, who
as an officer, employee, or member under a duty to perform the act in
respect to which the violation occurs.
(b) Joint Audits. The Secretary of State may enter into reciprocal
audit agreements with officers, agents or agencies of another State or
States, for joint audits of any person subject to audit under this Act.
(c) Special Audits. If the Secretary of State is not satisfied with
the books, records and documents made available for an audit, or if the
Secretary of State is unable to determine therefrom whether any fees or
taxes are due to the State of Illinois, or if there is cause to believe
that the person audited has declined or refused to supply the books,
records and documents necessary to determine whether a deficiency
exists, the Secretary of State may either seek a court order for
production of any and all books, records and documents he deems relevant
and material, or, in his discretion, the Secretary of State may instead
give written notice to such person requiring him to produce any and all
books, records and documents necessary to properly audit and determine
whether any fees or taxes are due to the State of Illinois. If such
person fails, refuses or declines to comply with either the court order
or written notice within the time specified, the Secretary of State
shall then order a special audit at the expense of the person affected.
Upon completion of the special audit, the Secretary of State shall
determine if any fees or taxes required to be paid under this Act have
not been paid, and make an assessment of any deficiency based upon the
books, records and documents available to him, and in an assessment, he
may rely upon records of other persons having an operation similar to
that of the person audited specially. A person audited specially and
subject to a court order and in default thereof, shall in addition, be
subject to any penalty or punishment imposed by the court entering the
order.
(d) Deficiency; Audit Costs. When a deficiency is found and any fees
or taxes required to be paid under this Act have not been paid to the
State of Illinois, the Secretary of State may impose an audit fee
of $100
per day, or $50 per half-day, per auditor, plus in the case of
out-of-state travel, transportation expenses incurred by the auditor or
auditors. Where more than one person is audited on the same out-of-state
trip, the additional transportation expenses may be apportioned. The
actual costs of a special audit shall be imposed upon the person
audited.
(e) Interest. When a deficiency is found and any fees or taxes
required to be paid under this Act have not been paid to the State of
Illinois, the amount of the deficiency, if greater than $100 for all
registration years examined, shall also bear interest at the
rate of 1/2 of 1% per month or fraction thereof, from the date when the
fee or tax due should have been paid under the provisions of this Act,
subject to a maximum of 6% per annum.
(f) Willful Negligence. When a deficiency is determined by the
Secretary to be caused by the willful neglect or negligence of the
person audited, an additional 10% penalty, that is 10% of the amount of
the deficiency or assessment, shall be imposed, and the 10% penalty
shall bear interest at the rate of 1/2 of 1% on and after the 30th day
after the penalty is imposed until paid in full.
(g) Fraud or Evasion. When a deficiency is determined by the
Secretary to be caused by fraud or willful evasion of the provisions of
this Act, an additional penalty, that is 20% of the amount of the
deficiency or assessment, shall be imposed, and the 20% penalty shall
bear interest at the rate of 1/2 of 1% on and after the 30th day after
the penalty is imposed until paid in full.
(h) Notice. The Secretary of State shall give written notice to any
person audited, of the amount of any deficiency found or assessment
made, of the costs of an audit or special audit, and of the penalty
imposed, and payment shall be made within 30 days of the date of the
notice unless such person petitions for a hearing.
However, except in the case of fraud or willful evasion, or the
inaccessibility of books and records for audit or with the express
consent of the person audited, no notice of a deficiency or assessment
shall be issued by the Secretary for more than 3 registration years.
This limitation shall commence on any January 1 as to calendar year
registrations and on any July 1 as to fiscal year registrations. This
limitation shall not apply for any period during which the person
affected has declined or refuses to make his books and records available
for audit, nor during any period of time in which an Order of any Court
has the effect of enjoining or restraining the Secretary from making an
audit or issuing a notice.
Notwithstanding, each person licensed under the International Registration
Plan and audited by this State or any member jurisdiction shall follow the
assessment and refund procedures as adopted and amended by the International
Registration Plan members. The Secretary of State shall have the final
decision as to which registrants may be subject to the netting of audit fees as
outlined in the International Registration Plan. Persons audited may be
subject to a review process to determine the final outcome of the audit
finding. This process shall follow the adopted procedure as outlined in the
International Registration Plan. All decisions by the IRP designated tribunal
shall be binding.
(i) Every person subject to licensing or registration and audit
under the provisions of this Chapter shall retain all pertinent
licensing and registration documents, books, records, tax returns,
reports and all supporting records and documents for a period of 4
years.
(j) Hearings. Any person receiving written notice of a deficiency or
assessment may, within 30 days after the date of the notice, petition
for a hearing before the Secretary of State or his duly appointed
hearing officer to contest the audit in whole or in part, and the
petitioner shall simultaneously file a certified check or money order,
or certificate of deposit, or a surety bond approved by the Secretary in
the amount of the deficiency or assessment. Hearings shall be held
pursuant to the provisions of Section 2-118 of this Act.
(k) Judgments. The Secretary of State may enforce any notice of
deficiency or assessment pursuant to the provisions of Section 3-831 of
this Act.
(Source: P.A. 92-69, eff. 7-12-01; 93-32, eff. 7-1-03.)
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(625 ILCS 5/2-125) (from Ch. 95 1/2, par. 2-125)
Sec. 2-125.
The Secretary of State may in his discretion set maximum fees
charged by any person, firm, corporation or private institution within the State
of Illinois concerning the acceptance of applications for registration, certificate
of title, or drivers license and for the distribution of motor vehicle license
plates and other related functions of the Office. The Secretary of State may
adopt and promulgate such rules and regulations as he shall deem necessary to effectuate
and administer the provisions of this Section.
(Source: P.A. 80-469.)
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(625 ILCS 5/2-126) (from Ch. 95 1/2, par. 2-126)
Sec. 2-126.
Employees and agents of the Secretary of State,
designated by him, who are employed at Drivers License Exam Stations
throughout the State are authorized to deposit, on a temporary basis,
fees and moneys collected at such stations in banks or savings and loan
associations designated by the
Secretary of State. Provided, however, that when such funds collected
amount to $500 or more, or on the next succeeding 1st or 15th
(disregarding Sundays and holidays) day of each month, whichever is
earlier, such fees and moneys shall be forwarded to the Secretary of
State by such designated banks or savings and loan associations for
deposit with the State Treasurer.
No bank or savings and loan association shall receive public funds as
permitted by this Section, unless it has complied with the requirements
established pursuant to Section 6 of "An Act relating to certain investments
of public funds by public agencies", approved July 23, 1943, as now or hereafter
amended.
(Source: P.A. 83-541.)
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(625 ILCS 5/2-127) (from Ch. 95 1/2, par. 2-127)
Sec. 2-127.
The Secretary of State shall compile and maintain a listing of
those services and agencies, both public and private, that provide
transportation to senior citizens and shall make this information available
to the public through the Drivers License Exam Stations.
(Source: P.A. 86-424.)
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(625 ILCS 5/2-127.5) Sec. 2-127.5. Literacy and English as a second language classes. At Secretary of State Driver Service facilities, the Secretary shall provide a pamphlet or post information informing customers of the availability of literacy and English as a second language classes. The Secretary may satisfy this requirement by providing the Internet address of a not-for-profit entity offering this information.
(Source: P.A. 101-53, eff. 1-1-20.) |
(625 ILCS 5/2-128) Sec. 2-128. (Repealed).
(Source: P.A. 94-470, eff. 8-4-05. Repealed internally, eff. 1-1-07.) |
(625 ILCS 5/2-129) Sec. 2-129. Expiration dates. All expiration periods set forth in this Code shall be subject to the provisions of Section 30 of the Secretary of State Act.
(Source: P.A. 101-640, eff. 6-12-20.) |
(625 ILCS 5/2-130) Sec. 2-130. User of automated license plate readers; prohibitions. (a) As used in this Section: "Automated license plate reader" or "ALPR" means an electronic device that is mounted on a law enforcement vehicle or positioned in a stationary location and that is capable of recording data on or taking a photograph of a vehicle or its license plate and comparing the collected data and photographs to existing law enforcement databases for investigative purposes. "ALPR" includes a device that is owned or operated by a person or an entity other than a law enforcement agency to the extent that data collected by the reader is shared with a law enforcement agency. "ALPR information" means information gathered by an ALPR or created from the analysis of data generated by an ALPR. "ALPR systems" means multi-agency or vendor agreements that allow the sharing of ALPR information collected in Illinois. "ALPR user" means a person or entity that owns or operates an ALPR device. "Law enforcement agency" means a State or local agency, unit of local government, or private entity charged with the enforcement of State, county, or municipal laws or with managing custody of detained persons in any state or jurisdiction. (b) An ALPR user shall not sell, share, allow access to, or transfer ALPR information to any state or local jurisdiction for the purpose of investigating or enforcing a law that: (1) denies or interferes with a person's right to | ||
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(2) permits the detention or investigation of a | ||
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(c) Any ALPR user in this State, including any law enforcement agency of this State that uses ALPR systems, shall not share ALPR information with an out-of-state law enforcement agency without first obtaining a written declaration from the out-of-state law enforcement agency that it expressly affirms that ALPR information obtained shall not be used in a manner that violates subsection (b). If a written declaration of affirmation is not executed, the law enforcement agency shall not share the ALPR information with the out-of-state law enforcement agency. (d) ALPR information shall be held confidentially to the fullest extent permitted by law. (e) Nothing in this Act shall define or limit any rights under the Reproductive Health Act. (Source: P.A. 103-540, eff. 1-1-24.) |
(625 ILCS 5/Ch. 3 heading) CHAPTER 3.
CERTIFICATES OF TITLE AND
REGISTRATION OF VEHICLES
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(625 ILCS 5/Ch. 3 Art. I heading) ARTICLE I.
CERTIFICATES OF TITLE
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(625 ILCS 5/3-100) (from Ch. 95 1/2, par. 3-100)
Sec. 3-100. Definitions. For the purposes of this Chapter, the following words shall
have the meanings ascribed to them:
"Electronic" includes electrical, digital, magnetic, optical,
electromagnetic, or any other form of technology that entails capabilities
similar to these technologies.
"Electronic record" means a record generated, communicated, received, or
stored by electronic means for use in an information system or for
transmission from one information system to another.
"Electronic signature" means a signature in electronic form attached to or
logically associated with an electronic record.
"Owner" means a person who holds legal document of ownership of a vehicle,
limited to a certificate of origin, certificate of title, salvage certificate,
or junking certificate. However, in the event a vehicle is the subject of an
agreement for the conditional sale or lease thereof with the
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 vehicle
is entitled to possession, then such conditional vendee or lessee or
mortgagor shall be deemed the owner for the purpose of this Chapter,
except as provided under paragraph (c) of Section 3-118.
"Record" means information that is inscribed, stored, or otherwise fixed
on a tangible medium or that is stored in an electronic or other medium
and is retrievable in perceivable form.
"Signature" or "signed" includes any symbol executed or adopted, or any
security procedure employed or adopted, using electronic means or
otherwise, by or on behalf of a person with intent to authenticate a
record.
"Vehicle" means a vehicle as defined in Section 1-217 of this Code. Unless otherwise specified, "vehicle" also means a "manufactured home" as defined in Section 1-144.03 of this Code. (Source: P.A. 98-749, eff. 7-16-14.)
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(625 ILCS 5/3-100.1)
Sec. 3-100.1. Use of electronic records.
(a) To the extent authorized by the Secretary of State and in accordance
with standards and procedures prescribed by the Secretary of State:
(1) Certificates, certifications, affidavits, | ||
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(2) Signatures required under this Chapter may be | ||
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(3) Delivery of records required under this Chapter | ||
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(4) Fees and taxes required to be paid under this | ||
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(a-5) No later than July 1, 2022, the Secretary of State shall implement, manage, and administer an electronic lien and title system that will permit a lienholder to perfect, assign, and release a lien under this Code. The system may include the points in subsection (a) as to the identified objectives of the program. The Secretary shall establish by administrative rule the standards and procedures relating to the management and implementation of the mandatory electronic lien and title system established under this subsection. The Secretary may charge a reasonable fee for performing the services and functions relating to the management and administration of the system. The fee shall be set by administrative rule adopted by the Secretary. (b) Electronic records accepted by the Secretary of State have the
same force and effect as records created on paper by writing, typing,
printing, or similar means. The procedures established by the
Secretary of State concerning the acceptance of electronic filings
and electronic records shall ensure that the electronic filings and
electronic records are received and stored accurately and that they
are readily available to satisfy any statutory requirements that call
for a written record.
(c) Electronic signatures accepted by the Secretary of State shall have the
same force and effect as manual signatures.
(d) Electronic delivery of records accepted by the Secretary of State shall
have the same force and effect as physical delivery of records.
(e) Electronic records and electronic signatures accepted by the Secretary
of State shall be admissible in all administrative, quasi-judicial,
and judicial proceedings. In any such proceeding, nothing in the
application of the rules of evidence shall apply so as to deny the
admissibility of an electronic record or electronic signature into
evidence on the sole ground that it is an electronic record or
electronic signature, or on the grounds that it is not in its
original form or is not an original. Information in the form of an
electronic record shall be given due evidentiary weight by the trier
of fact.
(f) The Secretary may contract with a private contractor to carry out the Secretary's duties under this Section.(Source: P.A. 101-490, eff. 1-1-20; 102-154, eff. 1-1-22; 102-431, eff. 8-20-21.)
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(625 ILCS 5/3-100.2)
Sec. 3-100.2. Electronic access; agreements with
submitters. (a) No later than July 1, 2022, the Secretary of State shall require a licensee under Chapter 3 or 5 of this Code to submit
any record required to be submitted to the Secretary of State by
using electronic media deemed feasible by the Secretary of State. The Secretary of State may also require the licensee to submit the original paper
record. The Secretary of State shall also require a
person or licensee to receive any record to be provided by the Secretary of State
by using electronic media deemed feasible by the Secretary of State,
instead of providing the original paper record.
(b) No later than July 1, 2022, electronic submittal, receipt, and delivery of records and electronic
signatures shall be supported by a signed agreement between the Secretary of State
and the submitter. The agreement shall require, at a minimum, each
record to include all information necessary to complete a
transaction, certification by the submitter upon its best knowledge as to the
truthfulness of
the data to be
submitted to the Secretary of State, and retention by the submitter of
supporting records.
(c) No later than July 1, 2022, the Secretary of State shall establish minimum
transaction volume levels, audit and security
standards, technological requirements, and other terms
and conditions he or she deems necessary for approval of the
electronic delivery process.
(d) When an agreement is made to accept electronic
records, the Secretary of State shall not be required
to produce a written record for
the submitter with whom the Secretary of State has
the agreement until requested to do so by the submitter.
(e) No later than July 1, 2022, the Secretary of State shall
provide electronic notification to the
lienholder submitter to verify the notation and perfection of the lienholder's
security interest in a vehicle on the certificate of title required to be created as an
electronic record under Section 3-100.1. Upon receipt of an electronic message from a lienholder
submitter with a security interest in a vehicle for which the certificate of
title is an electronic record that the lien should be released, the Secretary
of State shall enter the appropriate electronic record of the release of lien
and print and mail a paper certificate of title to the owner or lienholder at
no expense. The Secretary of State may also mail the certificate to any other
person that delivers to the Secretary of State an authorization from the owner
to receive the certificate. If another lienholder holds a properly perfected
security interest in the vehicle as reflected in the records of the Secretary
of State, the certificate shall be delivered to that lienholder instead of the
owner.
(f) The Secretary may contract with a private contractor to carry out the Secretary's duties under this Section.(Source: P.A. 101-490, eff. 1-1-20; 102-154, eff. 1-1-22; 102-431, eff. 8-20-21.)
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(625 ILCS 5/3-100.3)
Sec. 3-100.3.
Rules.
The Secretary of State may adopt rules to implement
this Article.
(Source: P.A. 91-772, eff. 1-1-01.)
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(625 ILCS 5/3-101) (from Ch. 95 1/2, par. 3-101) Sec. 3-101. Certificate of title required. (a) Except as provided in Section 3-102, every owner of a vehicle which is in this State and for which no Illinois certificate of title has been issued by the Secretary of State shall make application to the Secretary of State for an Illinois certificate of title of the vehicle. Except as provided in Section 3-102, every owner of a vehicle, excluding vehicles acquired by insurance companies through a settlement of an insurance claim or by lienholders taking title through repossession, that is in this State for which no Illinois certificate of title has been issued by the Secretary of State and every owner of a vehicle that is in the State applying for a duplicate certificate of title or a corrected certificate of title, including a dealer lien release certificate of title, must make application to the Secretary of State for an Illinois duplicate certificate of title or corrected certificate of title. A certificate of title issued to any owner of a vehicle, excluding vehicles acquired by insurance companies through a settlement of an insurance claim or by lienholders taking title through repossession, in this State showing an Illinois address for the owner that has been issued by an entity other than the Secretary of State must be converted to an Illinois title before the owner can transfer ownership of the vehicle. Under no circumstances shall a dealer required to obtain an Illinois certificate of title pursuant to this Code be allowed to obtain an out-of-state certificate of title for purposes of a vehicle held for sale in this State by the dealer. Under no circumstances shall a dealer be allowed to obtain an out-of-state certificate of title in lieu of an Illinois-issued dealer lien release certificate of title when a dealer may have need of such title issuance. Nothing in this Section shall be construed so as to allow a dealer to acquire an out-of-state certificate of title in lieu of acquiring an Illinois certificate of title for purposes of a vehicle held for sale in this State by the dealer. (b) Every owner of a motorcycle or motor driven cycle purchased new on and after January 1, 1980 shall make application to the Secretary of State for a certificate of title. However, if such cycle is not properly manufactured or equipped for general highway use pursuant to the provisions of this Act, it shall not be eligible for license registration, but shall be issued a distinctive certificate of title except as provided in Sections 3-102 and 3-110 of this Act. (c) The Secretary of State shall not register or renew the registration of a vehicle unless a certificate of title has been issued by the Secretary of State to the owner or an application therefor has been delivered by the owner to the Secretary of State. (d) Every owner of an all-terrain vehicle or off-highway motorcycle purchased on or after January 1, 1998 shall make application to the Secretary of State for a certificate of title. (e) Every owner of a low-speed vehicle manufactured after January 1, 2010 shall make application to the Secretary of State for a certificate of title. (Source: P.A. 103-891, eff. 8-9-24.) |
(625 ILCS 5/3-102) (from Ch. 95 1/2, par. 3-102) Sec. 3-102. Exclusions. No certificate of title need be obtained for: 1. a vehicle owned by the State of Illinois; or a | ||
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2. a vehicle owned by a manufacturer or dealer and | ||
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3. a vehicle owned by a non-resident of this State | ||
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4. a motor vehicle regularly engaged in the | ||
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5. a vehicle moved solely by animal power; 6. an implement of husbandry; 7. special mobile equipment; 8. an apportionable trailer or an apportionable | ||
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9. a manufactured home for which an affidavit of | ||
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10. low-speed electric scooters. (Source: P.A. 103-899, eff. 8-9-24.) |
(625 ILCS 5/3-103) (from Ch. 95 1/2, par. 3-103)
Sec. 3-103. Optional certificate of title.
(a) The owner of an implement of husbandry or special mobile equipment may
apply for and obtain a certificate of title on it. All of the provisions of
this chapter, except part (e) of Section 3-104, are applicable to a
certificate of title so issued, except that a person who receives a
transfer of an interest in the vehicle without knowledge of the certificate
of title is not prejudiced by reason of the existence of the certificate,
and the perfection of a security interest under this Act is not effective
until the lienholder has complied with the provisions of applicable law
which otherwise relate to the perfection of security interests in personal
property.
An application for an optional certificate of title must be accompanied
by either an exemption determination from the Department of Revenue showing
that no tax imposed under the "Use Tax Act" or the "Retailers' Occupation
Tax Act" is owed by anyone with respect to that vehicle or by a receipt
from the Department of Revenue showing that any tax so imposed has been
paid. No optional certificate of title shall be issued in the absence of
such a receipt or exemption determination.
If the proof of payment or of nonliability is, after the issuance of the
optional certificate of title, found to be invalid, the Secretary of State
shall revoke the optional certificate of title and require that it be
returned to him.
(b) The owner of a manufactured home which is affixed to a permanent foundation and for which a certificate of title has not previously been issued and surrendered for cancellation may apply for a certificate of title, including, if applicable, a certificate of title issued in accordance with subsection (b) of Section 3-109, which shall be issued for the sole purpose of (i) surrendering such certificate of title for cancellation in accordance with Section 3-116.2 or (ii) satisfying the requirements of subdivision (e)(4) of Section 9-334 of the Uniform Commercial Code. The Secretary of State shall issue a certificate of title, in accordance with this Chapter, upon satisfaction of the application requirements of this Code. (Source: P.A. 98-749, eff. 7-16-14.)
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(625 ILCS 5/3-104) (from Ch. 95 1/2, par. 3-104)
Sec. 3-104. Application for certificate of title.
(a) The application for a certificate of title for a vehicle in this
State must be made by the owner to the Secretary of State on the form
prescribed and must contain:
1. The name, Illinois residence or Illinois place of | ||
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2. A description of the vehicle including, so far as | ||
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3. The date of purchase by applicant and, if | ||
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4. The current odometer reading at the time of | ||
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5. Any further information the Secretary of State | ||
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(a-5) The Secretary of State shall designate on the prescribed application form a space where the owner of a vehicle may designate a beneficiary, to whom ownership of the vehicle shall pass in the event of the owner's death.
(b) If the application refers to a vehicle purchased from a dealer,
it must also be signed by the dealer as well as the owner, and the dealer must
promptly mail or deliver the application and required documents to the
Secretary of State.
(c) If the application refers to a vehicle last previously
registered in another State or country, the application must contain or
be accompanied by:
1. Any certified document of ownership so recognized | ||
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2. Any other information and documents the Secretary | ||
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(d) If the application refers to a new vehicle it must be
accompanied by the Manufacturer's Statement of Origin, or other documents
as required and acceptable by the Secretary of State, with such
assignments as may be necessary to show title in the applicant.
(e) If an application refers to a vehicle rebuilt from a vehicle
previously salvaged, that application shall comply with the provisions
set forth in Sections 3-302 through 3-304 of this Code.
(f) An application for a certificate of title for any vehicle,
whether purchased in Illinois or outside Illinois, and even if
previously registered in another State, must be accompanied by either an
exemption determination from the Department of Revenue showing that no
tax imposed pursuant to the Use Tax Act or the vehicle use tax imposed by
Section 3-1001 of the Illinois Vehicle Code is owed by anyone with respect to
that vehicle, or a receipt from the Department of Revenue showing that any tax
so imposed has been paid. An application for a certificate of title for any
vehicle purchased outside Illinois, even if previously registered in another
state, must be accompanied by either an exemption determination from the
Department of Revenue showing that no tax imposed pursuant to the Municipal Use
Tax Act or the County Use Tax Act is owed by anyone with respect to that
vehicle, or a receipt from the Department of Revenue showing that any tax so
imposed has been paid. In the absence of such a receipt for payment or
determination of exemption from the Department, no certificate of title shall
be issued to the applicant.
If the proof of payment of the tax or of nonliability therefor is,
after the issuance of the certificate of title and display certificate
of title, found to be invalid, the Secretary of State shall revoke the
certificate and require that the certificate of title and, when
applicable, the display certificate of title be returned to him.
(g) If the application refers to a vehicle not manufactured in
accordance with federal safety and emission standards, the application must
be accompanied by all documents required by federal governmental
agencies to meet their standards before a vehicle is allowed to be issued
title and registration.
(h) If the application refers to a vehicle sold at public sale by a
sheriff, it must be accompanied by the required fee and a bill of sale
issued and signed by a sheriff. The bill of sale must identify the new
owner's name and address, the year model, make and vehicle identification
number of the vehicle, court order document number authorizing such sale,
if applicable, and the name and address of any lienholders in order of
priority, if applicable.
(i) If the application refers to a vehicle for which a court of law
determined the ownership, it must be accompanied with a certified copy of
such court order and the required fee. The court order must indicate the
new owner's name and address, the complete description of the vehicle, if
known, the name and address of the lienholder, if any, and must be signed
and dated by the judge issuing such order.
(j) If the application refers to a vehicle sold at public auction pursuant
to the Labor and Storage Lien (Small Amount) Act, it must be
accompanied by an affidavit or affirmation furnished by the Secretary of
State along with the
documents described in the affidavit or affirmation and the required fee.
(k) The Secretary may provide an expedited process for the issuance of vehicle titles. Expedited title applications must be delivered to the Secretary of State's Vehicle Services Department in Springfield by express mail service or hand delivery. Applications must be complete, including necessary forms, fees, and taxes. Applications received before noon on a business day will be processed and shipped that same day. Applications received after noon on a business day will be processed and shipped the next business day. The Secretary shall charge an additional fee of $30 for this service, and that fee shall cover the cost of return shipping via an express mail service. All fees collected by the Secretary of State for expedited services shall be deposited into the Motor Vehicle License Plate Fund. In the event the Vehicle Services Department determines that the volume of expedited title requests received on a given day exceeds the ability of the Vehicle Services Department to process those requests in an expedited manner, the Vehicle Services Department may decline to provide expedited services, and the additional fee for the expedited service shall be refunded to the applicant. (l) If the application refers to a homemade trailer, (i) it must be accompanied by the appropriate documentation regarding the source of materials used in the construction of the trailer, as required by the Secretary of State, (ii) the trailer must be inspected by a Secretary of State employee prior to the issuance of the title, and (iii) upon approval of the Secretary of State, the trailer must have a vehicle identification number, as provided by the Secretary of State, stamped or riveted to the frame. (m) The holder of a Manufacturer's Statement of Origin to a manufactured home may deliver it to any person to facilitate conveying or encumbering the manufactured home. Any person receiving any such Manufacturer's Statement of Origin so delivered holds it in trust for the person delivering it. (n) Within 45 days after the completion of the first retail sale of a manufactured home, the Manufacturer's Statement of Origin to that manufactured home must be surrendered to the Secretary of State either in conjunction with an application for a certificate of title for that manufactured home or in accordance with Section 3-116.1. (o) Each application for certificate of title for a motor vehicle shall be verified by the National Motor Vehicle Title Information System (NMVTIS) for a vehicle history report prior to the Secretary issuing a certificate of title. (p) The Secretary, at the Secretary's discretion, may use any commercially available title history service to assist in determining the proper title designation of a motor vehicle before the issuance of a certificate of title. (Source: P.A. 102-154, eff. 1-1-22; 103-202, eff. 1-1-24.)
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(625 ILCS 5/3-104.1) (from Ch. 95 1/2, par. 3-104.1)
Sec. 3-104.1.
(Repealed).
(Source: P.A. 83-449. Repealed by P.A. 90-665, eff. 1-1-99.)
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(625 ILCS 5/3-104.5) Sec. 3-104.5. Application NMVTIS warnings or errors. (a) Each application for a certificate of title or a salvage certificate for a motor vehicle that is verified by the National Motor Vehicle Title Information System (NMVTIS) that is returned with a warning or error shall be reviewed by the Secretary of State, or his or her designees, as to whether the warning or error warrants a change to the type of title or brand that is issued to a motor vehicle. If the Secretary needs supplemental information to verify or corroborate the information received from a NMVTIS report, then the Secretary may use any available commercial title history services or other Secretary of State resources to assist in determining the vehicle's proper designation. (b) Any motor vehicle application for a certificate of title or a salvage certificate that another state has previously issued a title or brand indicating that the status of the motor vehicle is equivalent to a junk vehicle, as defined in Section 1-134.1 of this Code, shall receive a title with a "prior out of state junk" brand if that history item was issued 120 months or more before the date of the submission of the current application for title. (c) Any motor vehicle application for a certificate of title or a salvage certificate that is returned with a NMVTIS warning or error indicating that another state has previously issued a title or brand indicating the status of the motor vehicle is equivalent to a junk vehicle, as defined in Section 1-134.1 of this Code, shall be issued a junk certificate that reflects the motor vehicle's structural history, if the previously issued title or brand from another state was issued less than 120 months before the date of the submission of the current application for title. (d) Any motor vehicle application for a certificate of title or a salvage certificate that is returned with a NMVTIS warning or error indicating a brand or label from another jurisdiction, that does not have a similar or comparable brand or label in this State, shall include a notation or brand on the certificate of title stating "previously branded". (e) Any motor vehicle that is subject to the federal Truth in Mileage Act, and is returned with a NMVTIS warning or error indicating the stated mileage of the vehicle on the application for certificate of title is 1,500 or fewer miles less than a previously recorded mileage for the vehicle, shall be deemed as having an acceptable margin of error and the higher of the 2 figures shall be indicated on the new certificate of title, if the previous mileage was recorded within 90 days of the date of the current application for title and if there are no indications of fraud or malfeasance, or of altering or tampering with the odometer. (f) Any applicant for a certificate of title or a salvage certificate who receives an alternative salvage or junk certificate, or who receives a certificate of title with a brand or label indicating the vehicle was previously rebuilt prior out of state junk, previously branded, or flood, may contest the Secretary's designations by requesting an administrative hearing under Section 2-116 of this Code. (g) The Secretary may adopt any rules necessary to implement this Section.
(h) The Secretary, in the Secretary's discretion, may use any commercially available title history service to assist in determining the proper title designation of a motor vehicle before the issuance of a certificate of title. (Source: P.A. 102-154, eff. 1-1-22.) |
(625 ILCS 5/3-105) (from Ch. 95 1/2, par. 3-105)
Sec. 3-105.
Examination of records.
The Secretary of State, upon receiving application for a first
certificate of title, shall check the identifying number of the vehicle
shown in the application against the records of vehicles required to be
maintained by Section 3-107 and against the record of stolen and converted
vehicles required to be maintained by Section 4-107.
(Source: P.A. 76-1586.)
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(625 ILCS 5/3-106) (from Ch. 95 1/2, par. 3-106)
Sec. 3-106. Certificate of title - Issuance - Records. (a) The Secretary of State shall file each application received and,
when satisfied as to its genuineness and regularity, and that no tax
imposed by the "Use Tax Act" or the vehicle use tax, as imposed by Section
3-1001 of "The Illinois Vehicle Code", or pursuant to the "Municipal Use
Tax Act" or pursuant to the "County Use Tax Act" is owed as evidenced by
the receipt for payment or determination of exemption from the Department
of Revenue provided for in Section 3-104 of this Act, and that the
applicant is entitled to the issuance of a certificate of title, shall
issue a certificate of title of the vehicle.
(b) The Secretary of State shall maintain a record of all
certificates of title issued by him under a distinctive title number
assigned to the vehicle; and, in the discretion of the Secretary of
State, in any other method determined.
(c) The Secretary of State shall not issue a certificate of title, including a certificate of title issued in accordance with subsection (b) of Section 3-109, to a manufactured home for which there has been recorded an affidavit of affixation pursuant to the Conveyance and Encumbrance of Manufactured Homes as Real Property and Severance Act unless with respect to the same manufactured home there has been recorded an affidavit of severance pursuant to the Conveyance and Encumbrance of Manufactured Homes as Real Property and Severance Act. (d) The Secretary of State shall file, upon receipt, each affidavit of affixation and each affidavit of severance relating to a manufactured home that is delivered in accordance with the Conveyance and Encumbrance of Manufactured Homes as Real Property and Severance Act, when satisfied as to its genuineness and regularity. (e) The Secretary of State shall maintain a record of each affidavit of affixation and each affidavit of severance filed in accordance with subsection (d) of this Section. The record shall state the name of the owner of the related manufactured home, the name of manufacturer, model year, manufacturer's serial number, and any other data the Secretary of State prescribes. (f) The Secretary of State shall file, upon receipt, each application for surrender of the Manufacturer's Statement of Origin relating to a manufactured home that is delivered in accordance with Section 3-116.1, when satisfied as to its genuineness and regularity. (g) The Secretary of State shall file, upon receipt, each application for surrender of the certificate of title relating to a manufactured home that is delivered in accordance with Section 3-116.2, when satisfied as to its genuineness and regularity. (h) The Secretary of State shall maintain a record, including a record in the form of a searchable electronic database accessible to the public, of each Manufacturer's Statement of Origin accepted for surrender as provided in Section 3-116.1. The record shall state the date the Manufacturer's Statement of Origin was accepted for surrender, the name of manufacturer, make, model name, model year, manufacturer's serial number, and any other data the Secretary of State prescribes. (i) The Secretary of State shall maintain a record, including a record in the form of a searchable electronic database accessible to the public, of each manufactured home certificate of title accepted for surrender as provided in Section 3-116.2. The record shall state the date the certificate of title was accepted for surrender, the name of manufacturer, model year, manufacturer's serial number, and any other data the Secretary of State prescribes. (Source: P.A. 98-749, eff. 7-16-14.)
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(625 ILCS 5/3-107) (from Ch. 95 1/2, par. 3-107)
Sec. 3-107. Contents and effect.
(a) Each certificate of title issued by the Secretary of State shall
contain:
1. the date issued;
2. the name and address of the owner;
3. the names, addresses, and fax numbers or | ||
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4. the title number assigned to the vehicle;
5. a description of the vehicle including, so far as | ||
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6. an odometer certification as provided for in this | ||
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7. any other data the Secretary of State prescribes.
(a-5) In the event the applicant seeks to have the vehicle titled as a custom vehicle or street rod, that fact must be stated in the application. The custom vehicle or street rod must be inspected as required by Section 3-406 of this Code prior to issuance of the title. Upon successful completion of the inspection, the vehicle may be titled in the following manner. The make of the vehicle shall be listed as the make of the actual vehicle or the make it is designed to resemble (e.g., Ford or Chevrolet); the model of the vehicle shall be listed as custom vehicle or street rod; and the year of the vehicle shall be listed as the year the actual vehicle was manufactured or the year it is designed to resemble. A vehicle previously titled as other than a custom vehicle or street rod may be issued a corrected title reflecting the custom vehicle or street rod model if it otherwise meets the requirements for the designation. (a-10) In the event the applicant seeks to have the vehicle titled as a glider kit, that fact must be stated in the application. The glider kit must be inspected under Section 3-406 of this Code prior to issuance of the title. Upon successful completion of the inspection, the vehicle shall be titled in the following manner: (1) the make of the vehicle shall be listed as the make of the chassis or the make it is designed to resemble; (2) the model of the vehicle shall be listed as glider kit; and (3) the year of the vehicle shall be listed as the year presented on the manufacturer's certificate of origin for the chassis, unless no year is presented, then it shall be listed as the year the application was received. The vehicle identification number of the chassis shall be assigned to the engine, transmission, and rear axle if the engine, transmission, and rear axle were not previously assigned a vehicle identification number after an inspection under Section 3-406. (b) The certificate of title shall contain forms for assignment and
warranty of title by the owner, and for assignment and warranty of title
by a dealer, and may contain forms for applications for a certificate of
title by a transferee, the naming of a lienholder and the assignment or
release of the security interest of a lienholder. (b-5) The Secretary of State shall designate on a certificate of title a space where the owner of a vehicle may designate a beneficiary, to whom ownership of the vehicle shall pass in the event of the owner's death.
(c) A certificate of title issued by the Secretary of State is prima
facie evidence of the facts appearing on it.
(d) A certificate of title for a vehicle is not subject to
garnishment, attachment, execution or other judicial process, but this
subsection does not prevent a lawful levy upon the vehicle.
(e) Any certificate of title issued by the Secretary of State is
subject to a lien in favor of the State of Illinois for any fees or
taxes required to be paid under this Act and as have not been paid, as
provided for in this Code.
(f) Notwithstanding any other provision of law, a certificate of title issued by the Secretary of State to a manufactured home is prima facie evidence of the facts appearing on it, notwithstanding the fact that such manufactured home, at any time, shall have become affixed in any manner to real property. (Source: P.A. 99-748, eff. 8-5-16; 100-450, eff. 1-1-18.)
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(625 ILCS 5/3-107.1) (from Ch. 95 1/2, par. 3-107.1)
Sec. 3-107.1.
Presumption of tenancy.
When a certificate of
title is made out to 2 or more persons, it shall be presumed
that the title is held as joint tenants with right of survivorship.
(Source: P.A. 79-482; 79-512; 79-1454.)
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(625 ILCS 5/3-108) (from Ch. 95 1/2, par. 3-108)
Sec. 3-108.
Delivery.
The certificate of title shall be mailed or delivered to the first
lienholder named
in it or, if none, to the owner.
(Source: P.A. 91-78, eff. 7-9-99.)
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(625 ILCS 5/3-109) (from Ch. 95 1/2, par. 3-109)
Sec. 3-109. Registration without certificate of title; bond. If the Secretary of State is not satisfied as to the ownership of the
vehicle, including, but not limited to, in the case of a manufactured home, a circumstance in which the manufactured home is covered by a Manufacturer's Statement of Origin that the owner of the manufactured home, after diligent search and inquiry, is unable to produce, or that there are no undisclosed security interests in it, the
Secretary of State may register the vehicle but shall:
(a) Withhold issuance of a certificate of title until | ||
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(b) As a condition of issuing a certificate of title, | ||
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(b-5) Require the applicant to file with the | ||
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Security deposited as a bond hereunder shall be | ||
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During July, annually, the Secretary shall compile a list of all bonds
on deposit, pursuant to this Section, for more than 3 years and concerning
which he has received no notice as to the pendency of any judicial proceeding
that could affect the disposition thereof. Thereupon, he shall promptly
send a notice by certified mail to the last known address of each depositor
advising him that his bond will be subject to escheat to the State of Illinois
if not claimed within 30 days after the mailing date of such notice. At
the expiration of such time, the Secretary of State shall file with the
State Treasurer an order directing the transfer of such deposit to the Road
Fund in the State Treasury. Upon receipt of such order, the State Treasurer
shall make such transfer, after converting to cash any other type of security.
Thereafter any person having a legal claim against such deposit may enforce
it by appropriate proceedings in the Court of Claims subject to the limitations
prescribed for such Court. At the expiration of such limitation period
such deposit shall escheat to the State of Illinois.
(Source: P.A. 98-749, eff. 7-16-14; 98-777, eff. 1-1-15; 99-78, eff. 7-20-15.)
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(625 ILCS 5/3-110) (from Ch. 95 1/2, par. 3-110)
Sec. 3-110. Refusing certificate of title. The Secretary of State shall refuse issuance of a certificate of title
if any required fee is not paid or if he has reasonable grounds to believe
that:
(a) the applicant is not the owner of the vehicle;
(b) the application contains a false or fraudulent | ||
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(c) the applicant fails to furnish required | ||
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(d) the applicant has not paid to the Secretary of | ||
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Except as provided in Section 3-116.2, the Secretary of State shall not refuse to issue a certificate of title to a manufactured home by reason of the fact that, at any time, in any manner, it shall have been affixed to real property. (Source: P.A. 97-333, eff. 8-12-11; 98-749, eff. 7-16-14.)
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(625 ILCS 5/3-111) (from Ch. 95 1/2, par. 3-111) Sec. 3-111. Lost, stolen or mutilated certificates. (a) If a certificate of title is lost, stolen, mutilated or destroyed or becomes illegible, the first lienholder or, if none, the owner or legal representative of the owner named in the certificate, as shown by the records of the Secretary of State, shall promptly make application to the Secretary of State for and may obtain a duplicate upon furnishing information satisfactory to the Secretary of State. The duplicate certificate of title shall contain the legend "This is a duplicate certificate and may be subject to the rights of a person under the original certificate." It shall be mailed to the first lienholder named in it or, if none, to the owner or the owner's designee. A certificate of title or a duplicate certificate of title issued by another State showing an Illinois address for the owner cannot be used to transfer ownership of a vehicle, except if the transfer is to or from an insurance company or a lienholder of the vehicle through repossession. (b) The Secretary of State shall not issue a duplicate certificate of title to any person within 15 days after the issuance of an original certificate of title to such person. (c) A person recovering an original certificate of title for which a duplicate has been issued shall promptly surrender the original certificate to the Secretary of State. (d) An application for a duplicate certificate of title must state the current vehicle odometer reading at the time of application and that the stated odometer reading is one of the following: actual mileage, not the actual mileage or mileage is in excess of its mechanical limits. (e) If a Display certificate of title is lost, stolen, mutilated or destroyed or becomes illegible, the owner or legal representative of the owner named in the original Display certificate of title and in the certificate of title, as shown by the records of the Secretary of State, shall promptly make application for and may obtain a duplicate upon furnishing information satisfactory to the Secretary of State. The duplicate Display certificate of title shall contain the legend "Duplicate Display Certificate of Title." It shall be mailed to the owner or legal representative of the owner named in the original Display certificate of title and in the certificate of title. Such duplicate Display certificate of title shall be attached and displayed in the same manner and in the same place as the original Display certificate of title would have been attached and displayed had it not been lost, stolen, mutilated or destroyed or had it not become illegible.(Source: P.A. 103-891, eff. 8-9-24.) |
(625 ILCS 5/3-111.1) (from Ch. 95 1/2, par. 3-111.1) Sec. 3-111.1. Corrected certificates. An application for a corrected certificate of title must state the current vehicle odometer reading at the time of application and that the stated odometer reading is one of the following: actual mileage, not the actual mileage or mileage is in excess of its mechanical limits. The corrected certificate issued under this Section shall contain the notation "corrected". A certificate of title or a corrected certificate of title issued by another State showing an Illinois address for the owner cannot be used to transfer ownership of a vehicle, except if the transfer is to or from an insurance company or a lienholder of the vehicle through repossession. The owner of a vehicle with a certificate of title or duplicate certificate of title issued by another state showing an Illinois address cannot transfer ownership of the vehicle without first converting the certificate of title to an Illinois certificate of title, except if the transfer is to or from an insurance company or a lienholder of the vehicle through repossession. (Source: P.A. 103-891, eff. 8-9-24.) |
(625 ILCS 5/3-112) (from Ch. 95 1/2, par. 3-112)
Sec. 3-112.
Transfer.
(a) If an owner transfers his interest in a vehicle, other than by the
creation of a security interest, at the time of the delivery of the vehicle he
shall execute to the transferee an assignment and warranty of title in the
space provided on the certificate of title, or as the Secretary of State
prescribes, and cause the certificate and assignment to be mailed or
delivered to the transferee or to the Secretary of State.
If the vehicle is subject to a tax under the Mobile Home Local Services
Tax Act in a county with a population of less than 3,000,000, the owner
shall also provide to the transferee a certification by the treasurer of
the county in which the vehicle is situated that all taxes imposed upon the
vehicle for the years the owner was the actual titleholder of the vehicle have
been paid. The transferee shall be liable only for the taxes he or she
incurred while he or she was the actual titleholder of the mobile home. The
county treasurer shall refund any amount of taxes paid by the transferee that
were imposed in years when the transferee was not the actual titleholder. The
provisions of this amendatory Act of 1997 (P.A. 90-542) apply retroactively
to January 1, 1996. In no event may the county treasurer refund amounts paid
by the transferee during any year except the 10 years immediately preceding the
year in which the refund is made. If the owner is a licensed dealer who has
purchased the vehicle and is holding it for resale, in lieu of acquiring a
certification from the county treasurer he shall forward the certification
received from the previous owner to the next buyer of the vehicle. The owner
shall cause the certification to be mailed or delivered to the Secretary of
State with the certificate of title and assignment.
(b) Except as provided in Section 3-113, the transferee shall, promptly
and within 20 days after delivery to him of the vehicle and the
assigned title, execute the application for a new certificate of title in
the space provided therefor on the certificate or as the Secretary of State
prescribes, and cause the certificate and application to be mailed or
delivered to the Secretary of State.
(c) Upon request of the owner or transferee, a lienholder in possession
of the certificate of title shall, unless the transfer was a breach of his
security agreement, either deliver the certificate to the transferee for
delivery to the Secretary of State or, upon receipt from the transferee of
the owner's assignment, the transferee's application for a new certificate
and the required fee, mail or deliver them to the Secretary of State. The
delivery of the certificate does not affect the rights of the lienholder
under his security agreement.
(d) If a security interest is reserved or created at the time of the
transfer, the certificate of title shall be retained by or delivered to the
person who becomes the lienholder, and the parties shall comply with the
provisions of Section 3-203.
(e) Except as provided in Section 3-113 and as between the parties, a
transfer by an owner is not effective until the provisions of this Section
and Section 3-115 have been complied with; however, an owner who has
delivered possession of the vehicle to the transferee and has complied with
the provisions of this Section and Section 3-115 requiring action by him as
not liable as owner for any damages thereafter resulting from operation of
the vehicle.
(f) The Secretary of State shall not process any application for a
transfer of an interest in a vehicle if any fees or taxes due under this
Act from the transferor or the transferee have not been paid upon
reasonable notice and demand.
(g) If the Secretary of State receives an application for transfer of
a vehicle subject to a tax under the Mobile Home Local Services
Tax Act in
a county with a population of less than 3,000,000, such application must
be accompanied by the required certification by the county treasurer
or tax assessor authorizing the issuance of the title.
(Source: P.A. 92-651, eff. 7-11-02.)
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(625 ILCS 5/3-112.1) (from Ch. 95 1/2, par. 3-112.1)
Sec. 3-112.1. Odometer.
(a) All titles issued by the Secretary of State
beginning January, 1990, shall provide for an odometer
certification substantially as follows:
"I certify to the best of my knowledge that the odometer reading is and
reflects the actual mileage of the vehicle unless one of the following
statements is checked.
...................
( ) 1. The mileage stated is in excess of its mechanical limits.
( ) 2. The odometer reading is not the actual mileage.
Warning - Odometer Discrepancy."
(b) When executing any transfer of title which contains the odometer
certification as described in paragraph (a) above, each transferor of a motor
vehicle must supply on the title form the following information:
(1) The odometer reading at the time of transfer and | ||
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(2) The date of transfer;
(3) The transferor's printed name and signature; and
(4) The transferee's printed name and address.
(c) The transferee must sign on the title form indicating that he or
she is aware of the odometer certification made by the transferor.
(d) The transferor will not be required to disclose the
current odometer reading and the transferee will not have to acknowledge
such disclosure under the following circumstances:
(1) A vehicle having a Gross Vehicle Weight Rating of | ||
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(2) A vehicle that is not self-propelled;
(3) A vehicle that: (A) before January 1, 2031, is model year 2010 | ||
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(B) after January 1, 2031, is 20 years old or | ||
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(4) A vehicle sold directly by the manufacturer to | ||
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(5) A vehicle manufactured without an odometer.
(e) When the transferor signs the title transfer such transferor
acknowledges that he or she is aware that Federal regulations and State law
require him or her to state the odometer mileage upon transfer of ownership.
An inaccurate or untruthful statement with intent to defraud subjects the
transferor to liability for damages to the transferee pursuant to the federal
Motor Vehicle Information and Cost Act of 1972, P.L. 92-513 as amended by P.L.
94-364. No transferor shall be liable for damages as provided under this
Section who transfers title to a motor vehicle which has an odometer reading
that has been altered or tampered with by a previous owner, unless that
transferor knew or had reason to know of such alteration or tampering and sold
such vehicle with an intent to defraud. A cause of action is hereby created by
which any person who, with intent to defraud, violates any requirement imposed
under this Section shall be liable in an amount equal to the sum of:
(1) three times the amount of actual damages | ||
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(2) in the case of any successful action to enforce | ||
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Any recovery based on a cause of action under this Section shall be offset
by any recovery made pursuant to the federal Motor Vehicle Information and
Cost Savings Act of 1972.
(f) The provisions of this Section shall not apply to any motorcycle,
motor driven cycle, moped, antique vehicle, or expanded-use antique vehicle.
(g) The Secretary of State may adopt rules and regulations providing
for a transition period for all non-conforming titles.
(Source: P.A. 102-154, eff. 1-1-22.)
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(625 ILCS 5/3-113) (from Ch. 95 1/2, par. 3-113) Sec. 3-113. Transfer to or from dealer; records.
(a) After a dealer buys a vehicle and holds it for resale, the
dealer must procure the
certificate of title from the owner or the lienholder. The dealer may hold
the certificate until he or she transfers the vehicle to another person.
Upon transferring the vehicle to another person,
the dealer shall promptly and within 20
days
execute the assignment and warranty of title by a dealer, showing the names and
addresses of the transferee and of any lienholder holding a security interest
created or reserved at the time of the resale, in the spaces provided therefor
on the certificate or as the Secretary of State prescribes, and mail or deliver
the certificate to the Secretary of State with the transferee's application for
a new certificate, except as provided in Section 3-117.2.
A dealer has complied with this Section if the date of the mailing of the certificate, as indicated by the postmark, is within 20 days of the date on which the vehicle was transferred to another person.
(b) The Secretary of State may decline to process any application for a
transfer of an interest in a vehicle if any fees or taxes due under this
Code from the transferor or the transferee have not been paid upon
reasonable notice and demand.
(c) Any person who violates this Section shall be guilty of a petty offense.
(d) Beginning January 1, 2014 and continuing until 90 days after the effective date of this amendatory Act of the 102nd General Assembly, the Secretary of State is authorized to impose a delinquent vehicle dealer transfer fee of $20 if the certificate of title is received by the Secretary from the dealer 30 days but less than 60 days after the date of sale; however, if the certificate of title is received by the Secretary from the dealer 60 days but less than 90 days after the date of sale, the delinquent dealer transfer fee shall be $35. Beginning 90 days after the effective date of this amendatory Act of the 102nd General Assembly, the Secretary of State is authorized to impose a delinquent vehicle dealer transfer fee of $10 if the certificate of title is received by the Secretary from the dealer more than 45 days but less than 60 days after the date of sale; however, if the certificate of title is received by the Secretary from the dealer 60 or more days but less than 90 days after the date of sale, the delinquent dealer transfer fee shall be $20. If the certificate of title is received by the Secretary from the dealer 90 or more days but less than 120 days after the date of sale, the delinquent vehicle dealer transfer fee shall be $65. If the certificate of title is received by the Secretary from the dealer 120 days or more after the date of the sale, the delinquent vehicle dealer transfer fee shall be $100. All monies collected under this subsection shall be deposited into the CDLIS/AAMVAnet/NMVTIS Trust Fund. (e) Beginning January 1, 2022, the Secretary of State is authorized to issue a certificate of title in the name of the dealership to a licensed dealer under Chapter 5 for $20 if the surrendered certificate of title has no space to assign the certificate of title again. (f) Any licensee under Chapter 5 who sells, transfers, or wholesales a vehicle out of State shall mail the certificate of title to the physical business address in the requisite jurisdiction in lieu of transferring title at the time of sale. (Source: P.A. 102-154, eff. 1-1-22; 102-845, eff. 1-1-23.)
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(625 ILCS 5/3-114) (from Ch. 95 1/2, par. 3-114)
Sec. 3-114. Transfer by operation of law.
(a) If the interest of an owner in a vehicle passes to another other
than by voluntary transfer, the transferee shall, except as provided in
paragraph (b), promptly mail or deliver within 20 days to the
Secretary of State the last certificate of title, if available, proof of
the transfer, and his application for a new certificate in the form the
Secretary of State prescribes. It shall be unlawful for any person
having possession of a certificate of title for a motor vehicle,
semi-trailer, or house car by reason of his having a lien or encumbrance
on such vehicle, to fail or refuse to deliver such certificate to the
owner, upon the satisfaction or discharge of the lien or encumbrance,
indicated upon such certificate of title.
(b) If the interest of an owner in a vehicle passes to another under
the provisions of the Small Estates provisions of the Probate Act of 1975 the
transferee shall promptly mail or deliver to the Secretary of State, within 120
days, the last certificate of title, if available, the documentation required
under the provisions of the Probate Act of 1975, and an application for
certificate of title. The Small Estate Affidavit form shall be furnished by the
Secretary of State. The transfer may be to the transferee or to the nominee of
the transferee.
(c) If the interest of an owner in a vehicle passes to another under
other provisions of the Probate Act of 1975, as amended, and the transfer is
made by a representative or guardian, such transferee shall promptly mail or
deliver to the Secretary of State, the last certificate of title, if available,
and a certified copy of the letters of office or guardianship, and an
application for certificate of title. Such application shall be made before the
estate is closed. The transfer may be to the transferee or to the nominee of
the transferee.
(d) If the interest of an owner in joint tenancy passes to the other
joint tenant with survivorship rights as provided by law, the transferee
shall promptly mail or deliver to the Secretary of State, the last
certificate of title, if available, proof of death of the one joint
tenant and survivorship of the surviving joint tenant, and an
application for certificate of title. Such application shall be made
within 120 days after the death of the joint tenant. The transfer may
be to the transferee or to the nominee of the transferee.
(d-5) If the interest of an owner passes to the owner's spouse or if the spouse otherwise acquires ownership of the vehicle, then the transferee shall promptly mail or deliver to the Secretary of State, proof of (i) the owner's death; (ii) the transfer or acquisition of ownership; and (iii) proof of the marital relationship between the owner and the transferee, along with the last certificate of title, if available, and an application for certificate of title along with the appropriate fees and taxes, if applicable. The application shall be made within 180 days after the death of the owner. (e) The Secretary of State shall transfer a decedent's vehicle title to
any legatee, representative or heir of the decedent who submits to the
Secretary a death certificate and an affidavit by an attorney at law on the
letterhead stationery of the attorney at law stating the facts of the
transfer.
(f) Repossession with assignment of title. In all cases wherein a
lienholder has repossessed a vehicle by other
than judicial process and holds it for resale under a security agreement, and
the owner of record has executed an assignment of the existing certificate of
title after default, the lienholder may proceed to sell or otherwise dispose of
the vehicle
as authorized under the Uniform Commercial Code. Upon selling the vehicle to
another person, the lienholder need not send the certificate of title to the
Secretary of State, but shall promptly and within 20 days mail or deliver to
the purchaser
as transferee the existing certificate of title for the repossessed vehicle,
reflecting the release of the lienholder's security interest in the vehicle.
The application for a certificate of title made by the
purchaser shall comply with subsection (a) of Section 3-104 and be accompanied
by the existing certificate of title for the repossessed vehicle.
The lienholder shall execute the assignment and warranty of title showing the
name and address of the purchaser in the spaces provided therefor on the
certificate of title or as the Secretary of State prescribes. The lienholder
shall complete the assignment of title in the certificate of title to reflect
the transfer of the vehicle to the lienholder and also a reassignment to
reflect the transfer from the lienholder to the purchaser. For this purpose,
the lienholder is specifically authorized
to complete and execute
the space reserved in the certificate of title for a dealer reassignment,
notwithstanding that the lienholder is not a licensed dealer. Nothing herein
shall be construed to mean that the lienholder is taking title to the
repossessed vehicle for purposes of liability for retailer occupation, vehicle
use, or other tax with respect to the proceeds from the repossession sale.
Delivery of the existing certificate of title to the purchaser shall be deemed
disclosure to the purchaser of the owner of the vehicle.
(f-5) Repossession without assignment of title. Subject to subsection (f-30), in all cases wherein a
lienholder has repossessed a vehicle
by other than judicial process and holds it for resale under a security
agreement,
and the owner of record has not executed an assignment of the existing
certificate of title,
the lienholder shall comply with the following provisions:
(1) Prior to sale, the lienholder shall deliver or | ||
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(2) With respect to the repossession of a vehicle | ||
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(3) Upon selling the vehicle to another person, the | ||
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(4) The application for a certificate of title made | ||
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(5) Neither the lienholder nor the owner shall file | ||
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(f-7) Notice of reinstatement in certain cases.
(1) Subject to subsection (f-30), if, at the time of | ||
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(2) Tender of payment and performance pursuant to | ||
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(3) The lienholder shall deliver or mail written | ||
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(4) The reinstatement period, if applicable, and the | ||
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(5) The Office of the Secretary of State shall not | ||
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(f-10) Repossession by judicial process. In all cases wherein a lienholder
has repossessed a vehicle by
judicial
process and holds it for resale under a security agreement, order for replevin,
or other court order establishing the lienholder's right to possession of the
vehicle, the lienholder may proceed to sell or otherwise dispose of the vehicle
as authorized under the Uniform Commercial Code or the court order. Upon
selling the vehicle to another person, the lienholder need not send the
certificate of title to the Secretary of State, but shall promptly and within
20 days mail or
deliver to the purchaser as transferee (i) the existing certificate of title
for the repossessed vehicle reflecting the release of the lienholder's security
interest in the vehicle; (ii) a certified copy of the court order; and (iii) a
bill of sale identifying the new owner's name and address and the year, make,
model, and vehicle identification number of the vehicle.
The application for a certificate of title made by the purchaser shall comply
with subsection (a) of Section 3-104 and be accompanied by the certified copy
of the court order furnished by the
lienholder and the existing certificate of title for the repossessed vehicle.
The lienholder shall execute the assignment and warranty of title showing the
name and address of the purchaser in the spaces provided therefor on the
certificate of title or as the Secretary of State prescribes. The lienholder
shall complete the assignment of title in the certificate of title to reflect
the transfer of the vehicle to the lienholder and also a reassignment to
reflect the transfer from the lienholder to the purchaser. For this purpose,
the lienholder is specifically authorized to execute the assignment on behalf
of the owner as seller if the owner has not done so and to complete and execute
the space reserved in the certificate of title for a dealer reassignment,
notwithstanding that the lienholder is not a licensed dealer. Nothing herein
shall be construed to mean that the lienholder is taking title to the
repossessed vehicle for purposes of liability for retailer occupation, vehicle
use, or other tax with respect to the proceeds from the repossession sale.
Delivery of the existing certificate of title to the purchaser shall be deemed
disclosure to the purchaser of the owner of the vehicle.
In the event the
lienholder does not hold the certificate of title for the repossessed vehicle,
the lienholder shall
make application for and may obtain a new certificate of title in the name of
the lienholder upon furnishing information satisfactory to the Secretary of
State. Upon receiving the new certificate of title, the lienholder may proceed
with the sale described in this subsection, except that upon selling the
vehicle the lienholder shall promptly and within 20 days mail or deliver to the
purchaser the new certificate of title reflecting the assignment and transfer
of title to the purchaser.
(f-15) The Secretary of State shall not issue a certificate of title to a
purchaser under subsection (f), (f-5), or (f-10) of this Section, unless the
person from whom the vehicle has been repossessed by the lienholder is shown to
be the last registered owner of the motor vehicle. The Secretary of State may
provide by rule for the standards to be followed by a lienholder in assigning
and transferring certificates of title with respect to repossessed vehicles.
(f-20) If applying for a salvage certificate or a junking certificate, the lienholder
shall within 20 days make an application to the Secretary of State for a salvage certificate or a junking certificate, as
set forth in this Code. The Secretary of State shall
not issue a salvage
certificate or a junking
certificate to such lienholder unless the person from whom such vehicle has
been repossessed is shown to be the last registered owner of such motor
vehicle and such lienholder establishes to the satisfaction of
the Secretary of State that he is entitled to such
salvage certificate or junking certificate. The Secretary
of State may provide by rule for the standards to be followed by
a lienholder in order to obtain a
salvage certificate or junking certificate for a
repossessed vehicle.
(f-25) If the interest of an owner in a mobile home, as defined in the
Mobile Home Local Services Tax Act, passes to another under the provisions of
the
Mobile Home Local Services Tax Enforcement Act, the transferee shall promptly
mail or deliver to the Secretary of State (i) the last certificate of title, if
available, (ii) a certified copy of the court order ordering the transfer of
title, and (iii) an application for certificate of title.
(f-30) Bankruptcy. If the repossessed vehicle is the subject of a bankruptcy proceeding or discharge:
(1) the lienholder may proceed to sell or otherwise | ||
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(2) the notice of redemption, affidavit of defense, | ||
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(3) the requirement to delay disposition of the | ||
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(4) the affidavit of repossession that is required | ||
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(5) the right of redemption, the right to assert a | ||
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(6) references to judicial process and court orders | ||
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(g) A person holding a certificate of title whose interest in the
vehicle has been extinguished or transferred other than by voluntary
transfer shall mail or deliver the certificate, within 20 days
upon request of the Secretary of State. The delivery of the certificate
pursuant to the request of the Secretary of State does not affect the
rights of the person surrendering the certificate, and the action of the
Secretary of State in issuing a new certificate of title as provided
herein is not conclusive upon the rights of an owner or lienholder named
in the old certificate.
(h) The Secretary of State may decline to process any application
for a transfer of an interest in a vehicle hereunder if any fees or
taxes due under this Act from the transferor or the transferee have not
been paid upon reasonable notice and demand.
(i) The Secretary of State shall not be held civilly or criminally
liable to any person because any purported transferor may not have had
the power or authority to make a transfer of any interest in any vehicle
or because a certificate of title issued in error is subsequently used to
commit a fraudulent act.
(Source: P.A. 102-319, eff. 1-1-22.)
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(625 ILCS 5/3-114.1)
Sec. 3-114.1. Transfers to and from charitable
organizations. When a charitable not-for-profit organization
that is exempt from federal income taxation under Section
501(c)(3) of the Internal Revenue Code becomes the recipient
of a motor vehicle by means of a donation from an individual,
the organization need not send
the certificate of title to the Secretary of State. Upon
transferring the motor vehicle, the
organization shall promptly and within 20 days execute the
reassignment to reflect the transfer from the organization
to the purchaser.
The
organization is specifically authorized to complete and
execute the space reserved in the certificate of title for a
dealer reassignment, notwithstanding that the organization
is not a licensed dealer. Nothing in this Section shall be
construed to require the organization to become a licensed
vehicle dealer.
(Source: P.A. 100-201, eff. 8-18-17.)
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(625 ILCS 5/3-115) (from Ch. 95 1/2, par. 3-115)
Sec. 3-115.
Fees - Registration cards - License plates.
(a) An application for a certificate of title shall be accompanied
by an application for, or a transfer of, registration of the vehicle.
(b) An application for the naming of a lienholder or his assignee on
a certificate of title shall be accompanied by the required fee when
mailed or delivered to the Secretary of State.
(c) A transferor of a vehicle, other than a dealer transferring a
new vehicle, shall deliver to the transferee at the time of the delivery
of possession of the vehicle the properly assigned certificate of title
of this vehicle.
(d) All applications shall be accompanied with the required fee or
tax.
(Source: P.A. 83-1473.)
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(625 ILCS 5/3-116) (from Ch. 95 1/2, par. 3-116)
Sec. 3-116. When Secretary of State to issue a certificate of title.
(a) The Secretary of State, upon receipt of a properly assigned
certificate of title, with an application for a certificate of
title, the required fee and any other documents required by law, shall
issue a new certificate of title in the name of the transferee as owner
and mail it to the first lienholder named in it or, if none, to the
owner or owner's designee.
(b) The Secretary of State, upon receipt of an application for a new
certificate of title by a transferee other than by voluntary transfer,
with proof of the transfer, the required fee and any other documents
required by law, shall issue a new certificate of title in the name of
the transferee as owner.
(b-5) The Secretary of State, upon receipt of an application for a certificate of title and the required fee, may issue a certificate of title to an out-of-state resident if the out-of-state resident is a bona fide purchaser of a vehicle or a manufactured home from a dealer licensed in this State under Section 5-101, 5-101.2, or 5-102 of this Code and the licensed dealer files for bankruptcy, surrenders his or her license, or is otherwise no longer operating as a licensed dealer and does not properly transfer the title application to the bona fide purchaser prior to the licensed dealer's business closure. (c) Any person, firm or corporation, who shall knowingly possess,
buy, sell, exchange or give away, or offer to buy, sell, exchange or
give away the certificate of title to any motor vehicle which is a junk
or salvage, or who shall fail to surrender the certificate of title to
the Secretary of State as required under the provisions of this Section
and Section 3-117.2, shall be guilty of Class 3 felony.
(d) The Secretary of State shall file and retain for four (4) years a
record of every surrendered certificate of title or proof of ownership
accepted by the Secretary of State, the file to be maintained so as to
permit the tracing of title of the vehicle designated therein. Such filing and retention requirements shall be in addition to and not in substitution for the recordkeeping requirements set forth in Section 3-106 of this Code, which recordkeeping requirements are not limited to any period of time.
(e) The Secretary of State, upon receipt of an application for
corrected certificate of title, with the original title, the required fee
and any other required documents, shall issue a corrected certificate of
title in the name of the owner and mail it to the first lienholder named in
it or, if none, to the owner or owner's designee.
(f) The Secretary of State, upon receipt of a certified copy of a court
order awarding ownership to an applicant along with an application for a
certificate of title and the required fee, shall issue a certificate of title
to the applicant.
(Source: P.A. 100-450, eff. 1-1-18.)
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(625 ILCS 5/3-116.1) Sec. 3-116.1. Surrender of Manufacturer's Statement of Origin to a manufactured home. (a) The owner (all, if more than one) of a manufactured home that is covered by a Manufacturer's Statement of Origin and that is affixed to a permanent foundation as defined in the Conveyance and Encumbrance of Manufactured Homes as Real Property and Severance Act, or which the owner intends to affix to a permanent foundation as defined in the Conveyance and Encumbrance of Manufactured Homes as Real Property and Severance Act, may surrender the Manufacturer's Statement of Origin to the manufactured home to the Secretary of State by filing with the Secretary of State an application for surrender of Manufacturer's Statement of Origin containing or accompanied by: (1) the name, residence, and mailing address of the | ||
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(2) a description of the manufactured home including | ||
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(3) the date of purchase by the owner of the | ||
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(4) a statement signed by the owner, stating either | ||
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(5) a certified copy of the recorded affidavit of | ||
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(6) the original Manufacturer's Statement of Origin; (7) the name and mailing address of each owner of the | ||
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(8) any other information and documents the Secretary | ||
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(b) When satisfied as to the genuineness and regularity of the surrender of a Manufacturer's Statement of Origin to a manufactured home, payment of any applicable fees and upon satisfaction of the requirements of subsection (a) of this Section, the Secretary of State shall (i) cancel the Manufacturer's Statement of Origin and update his or her records in accordance with the provisions of Section 3-106 and (ii) provide written acknowledgment of compliance with the provisions of this Section to each person identified on the application for surrender of Manufacturer's Statement of Origin pursuant to subsection (a)(7) of this Section. (c) Upon satisfaction of the requirements of this Section, a manufactured home shall be conveyed and encumbered as provided in the Conveyance and Encumbrance of Manufactured Homes as Real Property and Severance Act. If the application to surrender a Manufacturer's Statement of Origin is delivered to the Secretary of State within 60 days of recording the related affidavit of affixation with the recording officer in the county in which the real property to which the manufactured home is or shall be affixed and the application is thereafter accepted by the Secretary of State, the requirements of this Section shall be deemed satisfied as of the date the affidavit of affixation is recorded. (d) Upon written request by a person identified on the application for surrender of Manufacturer's Statement of Origin pursuant to subsection (a)(7) of this Section, the Secretary of State shall provide written acknowledgment of compliance with the provisions of this Section.
(Source: P.A. 98-749, eff. 7-16-14.) |
(625 ILCS 5/3-116.2) Sec. 3-116.2. Application for surrender of title. (a) The owner (all, if more than one) of a manufactured home that is covered by a certificate of title, including, if applicable, a certificate of title issued in accordance with subsection (b) of Section 3-109, and that is permanently affixed to real property as defined in the Conveyance and Encumbrance of Manufactured Homes as Real Property and Severance Act, or which the owner intends to permanently affix to real property as defined in the Conveyance and Encumbrance of Manufactured Homes as Real Property and Severance Act, may surrender the certificate of title to the manufactured home to the Secretary of State by filing with the Secretary of State an application for surrender of title containing or accompanied by: (1) the name, residence, and mailing address of the | ||
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(2) a description of the manufactured home including | ||
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(3) the date of purchase by the owner of the | ||
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(4) a statement signed by the owner, stating either, | ||
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(5) a certified copy of the affidavit of affixation | ||
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(6) the original certificate of title; (7) the name and mailing address of each owner of the | ||
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(8) a release of security interests (if any) pursuant | ||
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(9) any other information and documents the Secretary | ||
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(b) The Secretary of State shall not accept for surrender a certificate of title to a manufactured home unless and until all security interests or liens perfected pursuant to Sections 3-106 and 3-202 have been released. (c) When satisfied as to the genuineness and regularity of the surrender of a certificate of title to a manufactured home, payment of any applicable fees and upon satisfaction of the requirements of subsections (a) and (b) of this Section, the Secretary of State shall (i) cancel the certificate of title and update his or her records in accordance with the provisions of Section 3-106 and (ii) provide written acknowledgment of compliance with the provisions of this Section to each person identified on the application for surrender of title pursuant to subsection (a)(7) of this Section. (d) Upon satisfaction of the requirements of this Section, a manufactured home shall be conveyed and encumbered as provided in the Conveyance and Encumbrance of Manufactured Homes as Real Property and Severance Act. If the application to surrender a certificate of title is delivered to the Secretary of State within 60 days of recording the related affidavit of affixation with the recording officer in the county in which the real property to which the manufactured home is or shall be affixed, and the application is thereafter accepted by the Secretary of State, the requirements of this Section shall be deemed satisfied as of the date the affidavit of affixation is recorded. (e) Upon written request by a person identified on the application for surrender of title pursuant to subsection (a)(7) of this Section, the Secretary of State shall provide written acknowledgment of compliance with the provisions of this Section.
(Source: P.A. 98-749, eff. 7-16-14.) |
(625 ILCS 5/3-116.3) Sec. 3-116.3. Application for a certificate of title to a severed manufactured home. (a) Notwithstanding any other provision of law, where a manufactured home has been affixed to a permanent foundation, and an affidavit of affixation has been recorded as part of the real property records in the county in which the manufactured home is located in accordance with the Conveyance and Encumbrance of Manufactured Homes as Real Property and Severance Act, and where the manufactured home subsequently is detached or severed from the real property, the owner (all, if more than one) of the manufactured home shall, unless exempted by other provisions of this Code, apply for a new certificate of title by filing with the Secretary of State an application for a certificate of title to a manufactured home, to be issued in accordance with subsection (b) of Section 3-109, containing or accompanied by: (1) the name, residence, and mailing address of the | ||
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(2) a description of the manufactured home, including | ||
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(3) a statement signed by the applicant, stating | ||
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(4) a certified copy of the recorded affidavit of | ||
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(5) any other information and documents the Secretary | ||
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(b) Upon satisfaction of the requirements of subsection (a) of this Section and subsection (b) of Section 3-109, the Secretary of State shall issue a new certificate of title pursuant to subsection (b) of Section 3-109 and update his or her records in accordance with the provisions of Section 3-106. (c) Immediately upon satisfaction of the requirements of this Section and thereafter, a manufactured home shall be conveyed and encumbered as personal property. (d) The satisfaction of the requirements of this Section with respect to a manufactured home shall have no effect on the manner in which such manufactured home is taxed pursuant to the Property Tax Code or the Mobile Home Local Services Tax Act.
(Source: P.A. 98-749, eff. 7-16-14.) |
(625 ILCS 5/3-117.1) (from Ch. 95 1/2, par. 3-117.1)
Sec. 3-117.1. When junking certificates or salvage certificates must
be obtained. (a) Except as provided in Chapter 4 and Section 3-117.3 of this Code, a person who possesses a
junk vehicle shall within 15 days cause the certificate of title, salvage
certificate, certificate of purchase, or a similarly acceptable out-of-state
document of ownership to be surrendered to the Secretary of State along with an
application for a junking certificate, except as provided in Section 3-117.2,
whereupon the Secretary of State shall issue to such a person a junking
certificate, which shall authorize the holder thereof to possess, transport,
or, by an endorsement, transfer ownership in such junked vehicle, and a
certificate of title shall not again be issued for such vehicle. The owner of a junk vehicle is not required to surrender the certificate of title under this subsection if (i) there is no lienholder on the certificate of title or (ii) the owner of the junk vehicle has a valid lien release from the lienholder releasing all interest in the vehicle and the owner applying for the junk certificate matches the current record on the certificate of title file for the vehicle.
A licensee who possesses a junk vehicle and a Certificate of Title,
Salvage Certificate, Certificate of Purchase, or a similarly acceptable
out-of-state document of ownership for such junk vehicle, may transport the
junk vehicle to another licensee prior to applying for or obtaining a
junking certificate, by executing a uniform invoice. The licensee
transferor shall furnish a copy of the uniform invoice to the licensee
transferee at the time of transfer. In any case, the licensee transferor
shall apply for a junking certificate in conformance with Section 3-117.1
of this Chapter. The following information shall be contained on a uniform
invoice:
(1) The business name, address, and dealer license | ||
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(2) The name and address of the person acquiring the | ||
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(3) The date of the disposition of the vehicle, junk | ||
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(4) The year, make, model, color, and description of | ||
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(5) The manufacturer's vehicle identification number, | ||
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(6) The printed name and legible signature of the | ||
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(7) The printed name and legible signature of the | ||
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The Secretary of State may certify a junking manifest in a form prescribed by
the Secretary of State that reflects those vehicles for which junking
certificates have been applied or issued. A junking manifest
may be issued to any person and it shall constitute evidence of ownership
for the vehicle listed upon it. A junking manifest may be transferred only
to a person licensed under Section 5-301 of this Code as a scrap processor.
A junking manifest will allow the transportation of those
vehicles to a scrap processor prior to receiving the junk certificate from
the Secretary of State.
(b) An application for a salvage certificate shall be submitted to the
Secretary of State in any of the following situations:
(1) When an insurance company makes a payment of | ||
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(1.1) When a vehicle of a self-insured company is to | ||
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(2) When a vehicle the ownership of which has been | ||
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(3) A vehicle which has been repossessed by a | ||
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(4) A vehicle which is a part of a fleet of more than | ||
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(5) A vehicle that has been submerged in water to the | ||
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(6) When any licensed rebuilder, repairer, new or | ||
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(c) Any person who without authority acquires, sells, exchanges, gives
away, transfers or destroys or offers to acquire, sell, exchange, give
away, transfer or destroy the certificate of title to any vehicle which is
a junk or salvage vehicle shall be guilty of a Class 3 felony.
(d) Except as provided under subsection (a), any person who knowingly fails to surrender to the Secretary of State a
certificate of title, salvage certificate, certificate of purchase or a
similarly acceptable out-of-state document of ownership as required under
the provisions of this Section is guilty of a Class A misdemeanor for a
first offense and a Class 4 felony for a subsequent offense; except that a
person licensed under this Code who violates paragraph (5) of subsection (b)
of this Section is
guilty of a business offense and shall be fined not less than $1,000 nor more
than $5,000 for a first offense and is guilty of a Class 4 felony
for a second or subsequent violation.
(e) Any vehicle which is salvage or junk may not be driven or operated
on roads and highways within this State. A violation of this subsection is
a Class A misdemeanor. A salvage vehicle displaying valid special plates
issued under Section 3-601(b) of this Code, which is being driven to or
from an inspection conducted under Section 3-308 of this Code, is exempt
from the provisions of this subsection. A salvage vehicle for which a
short term permit has been issued under Section 3-307 of this Code is
exempt from the provisions of this subsection for the duration of the permit.
(Source: P.A. 101-81, eff. 7-12-19; 102-319, eff. 1-1-22; 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
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(625 ILCS 5/3-117.2) (from Ch. 95 1/2, par. 3-117.2)
Sec. 3-117.2. Junk vehicle notification. Beginning July 1, 1989 a
person licensed as a scrap processor or automotive parts recycler pursuant to Section 5-301 of this Code
who acquires a properly assigned Certificate of Title, a Salvage
Certificate, a Certificate of Purchase, or a similarly acceptable
out-of-state document of ownership pursuant to Section 5-401.3 of this
Code, shall within 15 days of acquiring such document, submit it to the
Secretary of State along with a Junk Vehicle Notification, the form and
manner for which shall be as prescribed by Secretary of State rule or
regulation. A scrap processor or automotive parts recycler who acquires the above named documents of
ownership pursuant to Section 5-401.3 shall not be required to apply for or
obtain a junking certificate. The information contained on a
Junk Vehicle Notification shall be duly recorded by the Secretary of State
upon the receipt of such Notification. The Secretary of State shall not
again issue a Certificate of Title or Salvage Certificate for any vehicle
listed on a Junk Vehicle Notification.
(Source: P.A. 102-436, eff. 1-1-22.)
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(625 ILCS 5/3-117.3) Sec. 3-117.3. Junking or salvage certificates; insurance company; salvage dealer. (a) For purposes of this Section, "salvage dealer" means a licensed dealer who primarily sells salvage vehicles on behalf of insurance companies and obtains a "salvage dealer" designation through the used dealer application process under Section 5-102 of this Code. (b) Notwithstanding any other provision of law to the contrary, an insurance company or salvage dealer may, after completing a record search for any owner of a vehicle or a lienholder of record, obtain free of any lien a junking certificate or salvage certificate in the insurance company's name by submitting an application for a junking certificate or salvage certificate to the Secretary of State. The application shall include proof of full payment, in whole or in part, to the vehicle owner or, if applicable, any lienholder of record and proof of notice to the vehicle owner and any lienholder via certified mail or other proof of service that a transfer of title shall occur no earlier than 30 days after the date the notice is sent. Upon approval of the application, the Secretary shall issue to the insurance company a junking certificate or salvage certificate free of any lien in the insurance company's name. For the purposes of this subsection, "proof of full payment" means either a photocopy of a deposited insurance claim check or, for an electronic claims payment, a screen shot from the insurer's proprietary claim system that shows the payee, the amount paid, and the date of payment. No other additional requirements shall be required of the insurer. An insurance company or salvage dealer shall not sell a salvage vehicle with a title obtained under this subsection (b) to anyone not authorized to buy salvage vehicles under this Code. This subsection (b) shall apply only to a motor vehicle titled in this State that has been through an insurance claims process and the owner of the vehicle or lienholder, if applicable, has received compensation in exchange for relinquishing the ownership rights of the vehicle to an insurance company licensed under the Illinois Insurance Code and the insurance company is unable to obtain an endorsed certificate of title within 30 days of payment to the owner or lienholder. (c) Notwithstanding any other provision of law to the contrary, a salvage dealer may, after completing a record search for any owner of a vehicle or a lienholder of record, obtain free of any lien a junking certificate or salvage certificate in his or her name by submitting an application for a junking certificate or a salvage certificate to the Secretary of State which shall include, but is not limited to, proof of notice via certified mail or other proof of service to the vehicle owner or any lienholder that a transfer of title shall occur no earlier than 30 days after the date the notice is sent. The notice shall inform the vehicle owner or lienholder that upon payment of any applicable charges, the vehicle may be removed from the salvage dealer's facility. Upon approval of the application, the Secretary shall issue to the salvage dealer a junking certificate or salvage certificate free of any lien in the salvage dealer's name. A salvage dealer shall not sell a salvage vehicle with a title obtained under this subsection (c) to anyone not authorized to buy salvage vehicles under this Code. This subsection (c) shall apply only to a motor vehicle titled in this State and in possession of a salvage dealer by request of an insurance company licensed under the Illinois Insurance Code to take possession of the motor vehicle subject to an insurance claim and the insurance company denies coverage of the vehicle or does not take ownership of the vehicle within 45 days of possession by the salvage dealer. (d) A vehicle owner or lienholder may send notice of dispute of the transfer of title under this Section within 30 days after the required notice is sent by the insurance company or salvage dealer. If a dispute between a vehicle owner or lienholder and an insurance company or salvage dealer cannot be resolved within 45 days after the required notice to the vehicle owner or lienholder is sent, the vehicle owner or lienholder, within 90 days after sending notice of dispute, shall petition a court of competent jurisdiction for an order to determine ownership of the vehicle and shall notify the Secretary of State of the filing of the petition. If a vehicle owner or lienholder does not file a petition within the 90-day period, the title to the vehicle shall be issued to the insurance company or salvage dealer under this Section. (e) Any person who without authority acquires, sells, exchanges, gives away, transfers, or destroys or offers to acquire, sell, exchange, give away, transfer, or destroy the certificate of title to any vehicle which is a junk or salvage vehicle shall be guilty of a Class 3 felony. (f) Any person who knowingly fails to surrender to the Secretary of State a certificate of title, salvage certificate, or certificate of purchase is guilty of a Class A misdemeanor for a first offense and a Class 4 felony for a second and subsequent offense. (g) Any vehicle which is salvage or junk may not be driven or operated on roads and highways within this State. A violation of this subsection (g) is a Class A misdemeanor. A salvage vehicle displaying valid special plates issued under subsection (b) of Section 3-601 of this Code, which is being driven to or from an inspection conducted under Section 3-308 of this Code, is exempt from the provisions of this subsection (g). A salvage vehicle for which a short term permit has been issued under Section 3-307 of this Code is exempt from the provisions of this subsection (g) for the duration of the permit. (h) The Secretary of State may adopt any rules necessary to implement this Section.
(Source: P.A. 103-202, eff. 1-1-24.) |
(625 ILCS 5/3-117.5) Sec. 3-117.5. Automatic processing of applications for salvage or junking certificates; salvage dealer; bond. (a) Notwithstanding any other provision of law to the contrary and subject to the requirements of this Section, if a salvage dealer as defined under Section 3-117.3 posts annually a bond in the amount of $100,000, up to a maximum aggregate amount of $100,000, with the Secretary of State, the Secretary of State shall automatically process any properly submitted application by the salvage dealer for a salvage certificate or junking certificate pursuant to Section 3-117.1 and issue the appropriate salvage certificate or junking certificate. The Secretary of State Vehicle Services Department may conduct random samplings of automatically processed applications submitted by a salvage dealer under this Section to ensure that the salvage dealer's applications for salvage certificates or junking certificates are accurate. Applications for salvage certificates or junking certificates submitted by a salvage dealer that are not accompanied by the most current certificate of title are not eligible for automatic processing, including, but not limited to, applications accompanied by an affidavit or a uniform invoice or certificate of purchase under Section 3-117.1. (b) If a salvage dealer fails to properly submit applications for salvage certificates or junking certificates at an 85% rate of accuracy or greater, then the Secretary of State Vehicle Services Department may suspend that salvage dealer's right to automatic processing of applications for salvage certificates or junking certificates for a period of not less than 90 days. Prior to the initial suspension of a salvage dealer's right to automatic processing of applications for salvage certificates or junking certificates, the Secretary of State Vehicle Services Department shall provide notice to the salvage dealer of the processing errors or defects and provide the salvage dealer with an opportunity to cure the processing errors or defects within a reasonable period, which shall not be less than 14 days. If the same processing errors or defects that are contained in the initial notice to the salvage dealer are repeated a second time by a salvage dealer within a 12-month period from the date of the initial notice, then the Secretary of State Vehicle Services Department shall suspend that salvage dealer's right to automatic processing of applications for salvage certificates or junking certificates for a period of not less than 90 days. If the same processing errors or defects that are contained in the initial notice to a salvage dealer are repeated a third time by the salvage dealer within a 12-month period from the date of the initial notice, then the Secretary of State Vehicle Services Department shall suspend that salvage dealer's right to automatic processing of applications for salvage certificates or junking certificates for a period of not less than 180 days. (c) After a salvage dealer's right to automatic processing of applications for salvage certificates or junking certificates has been suspended and the applicable suspension period has been served, the salvage dealer may request reinstatement of the right to automatic processing of applications for salvage certificates or junking certificates by demonstrating to the Secretary of State Vehicle Services Department that the salvage dealer has corrected the processing errors or defects that resulted in the suspension. The Secretary of State Vehicle Services Department, after meeting and conferring with the salvage dealer, shall have the sole discretion, subject to the appeal rights in subsection (d), to determine whether to grant the salvage dealer's request for reinstatement. (d) A salvage dealer may appeal a suspension or a denial of a request for reinstatement of the right to automatic processing of applications for salvage certificates or junking certificates directly to the Secretary of State. (e) The annual bond posted as required by this Section shall be held by the Secretary of State to secure compensation for an owner of a vehicle if it is determined that the salvage dealer caused the improper transfer of ownership of the vehicle without performing the required procedures set forth in this Chapter. After providing the salvage dealer with a reasonable opportunity to provide proof of its due diligence relating to the disputed transaction and after meeting and conferring with the salvage dealer, the Secretary of State Vehicle Services Department shall determine whether the certificate of title of the vehicle was improperly transferred out of the owner's name by the salvage dealer. This determination shall create a rebuttable presumption that the vehicle was improperly transferred out of the owner's name by the salvage dealer. Upon such a determination by the Secretary of State Vehicle Services Department, if the salvage dealer does not compensate the vehicle owner for the value of the improperly transferred certificate of title, the owner of the vehicle shall have the right to seek reimbursement from the posted bond for the loss of the vehicle under a Court of Claims proceeding. (f) The security deposited as an annual bond pursuant to this Section shall be placed by the Secretary of State in the custody of the State Treasurer. Thereafter, any person with a claim against the bond may enforce the claim through an appropriate proceeding in the Court of Claims, subject to the limitations prescribed for the Court of Claims.
(Source: P.A. 102-733, eff. 1-1-23.) |
(625 ILCS 5/3-118) (from Ch. 95 1/2, par. 3-118)
Sec. 3-118. Application for salvage or junking certificate; contents.
(a) An application for a salvage certificate or junking certificate
shall be made upon the forms prescribed by the Secretary of State and contain:
1. The name and address of the owner;
2. A description of the vehicle including, so far as | ||
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3. The date of purchase by applicant; and
4. Any further information reasonably required by | ||
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(b) The application for salvage certificate must also contain the
current odometer reading and that the stated odometer reading is one of the
following: actual mileage, not the actual mileage or mileage is in
excess of its mechanical limits.
(b-5) Each application for a salvage certificate for a motor vehicle shall be verified by the National Motor Vehicle Title Information System (NMVTIS) for a vehicle history report prior to the Secretary issuing a salvage certificate. (c) A salvage certificate may be assigned to any person licensed under
this Act as a rebuilder, automotive parts recycler, or scrap processor, or to an
out-of-state salvage vehicle buyer. A salvage certificate for a vehicle that has come from a police impoundment may be assigned to a municipal fire department. A junking certificate may be assigned
to anyone. A salvage certificate may be assigned to one
person to whom a salvage certificate may be assigned pursuant to this Section.
(Source: P.A. 103-42, eff. 1-1-24.)
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(625 ILCS 5/3-118.1) (from Ch. 95 1/2, par. 3-118.1)
Sec. 3-118.1.
Whenever a certificate of title is issued for a vehicle
with respect to which a salvage certificate has been previously issued,
the new certificate of title shall bear the notation "REBUILT". However,
insurance companies or persons licensed under Section 5-301 who are also
licensed as a used vehicle dealer under Section 5-102 of this Code may
exchange a salvage certificate for a certificate of title which does not
bear the notation "REBUILT" when there is submitted with the application
satisfactory proof that the salvage certificate was obtained because of a
claim of total loss from theft and the vehicle was recovered
without structural damage caused by collision, fire, flood, theft, rust,
or corrosion.
The Secretary may adopt rules governing the issuance of titles authorized
under this Section.
(Source: P.A. 89-189, eff. 1-1-96.)
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(625 ILCS 5/Ch. 3 Art. II heading) ARTICLE II.
SECURITY INTERESTS
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(625 ILCS 5/3-201) (from Ch. 95 1/2, par. 3-201)
Sec. 3-201.
Excepted liens and security interests.
This Article does not apply to or affect:
(a) A lien given by statute or rule of law to a supplier of services or
materials for the vehicle;
(b) A lien given by statute to the United States, this State or any
political subdivision of this State, except liens on trailer coaches and
mobile homes for public assistance, as provided in Section 3-12 (now
repealed) of the
Illinois Public Aid Code.
(c) A security interest in a vehicle created by a manufacturer or dealer
who holds the vehicle for sale, but a buyer in the ordinary course of trade
from the manufacturer or dealer takes free of the security interest.
(Source: P.A. 90-655, eff. 7-30-98.)
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(625 ILCS 5/3-201.1) (from Ch. 95 1/2, par. 3-201.1)
Sec. 3-201.1.
Terminal rent adjustment clause leases.
In the case of
motor vehicles or trailers, a transaction does not create a sale or a security
interest merely because it provides that the rental price is permitted or
required to be adjusted under the agreement either upward or downward by
reference to the amount realized upon sale or other disposition of the
motor vehicle or trailer.
(Source: P.A. 87-493.)
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(625 ILCS 5/3-202) (from Ch. 95 1/2, par. 3-202)
Sec. 3-202. Perfection of security interest.
(a) Unless excepted by Section 3-201, a security interest in a
vehicle of a type for which a certificate of title is required is not
valid against subsequent transferees or lienholders of the vehicle
unless perfected as provided in this Act. A purchase money security interest in a manufactured home is perfected against the rights of judicial lien creditors and execution creditors on and after the date such purchase money security interest attaches.
(b) A security interest is perfected by the delivery to the
Secretary of State of the existing certificate of title, if any, an
application for a certificate of title containing the name and address
of the lienholder and the
required fee. The security interest is perfected as of the time of
its creation if the
delivery to the Secretary of State is completed within 30 days after the
creation of the security interest or receipt by the new lienholder of the
existing certificate of title from a prior lienholder or licensed
dealer, otherwise as of the
time of the delivery.
(c) If a vehicle is subject to a security interest when brought into
this State, the validity of the security interest is determined by the
law of the jurisdiction where the vehicle was when the security interest
attached, subject to the following:
1. If the parties understood at the time the security | ||
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2. If the security interest was perfected under the | ||
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(A) If the name of the lienholder is shown on an | ||
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(B) If the name of the lienholder is not shown on | ||
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3. If the security interest was not perfected under | ||
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4. A security interest may be perfected under | ||
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(d) Except as otherwise provided in Sections 3-116.1, 3-116.2, 3-207, and the Conveyance and Encumbrance of Manufactured Homes as Real Property and Severance Act, after a certificate of title has been issued for a manufactured home and as long as the manufactured home is subject to any security interest perfected pursuant to this Section, the Secretary of State shall not file an affidavit of affixation, nor cancel the Manufacturer's Statement of Origin, nor revoke the certificate of title, nor issue a certificate of title under Section 3-106, and, in any event, the validity and priority of any security interest perfected pursuant to this Section shall continue, notwithstanding the provision of any other law. (Source: P.A. 98-749, eff. 7-16-14.)
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(625 ILCS 5/3-203) (from Ch. 95 1/2, par. 3-203)
Sec. 3-203.
Security interest.
If an owner creates a security interest in a vehicle:
(a) The owner shall immediately execute the application, in the
space provided therefor on the certificate of title or on a separate
form the Secretary of State prescribes, to name the lienholder on the
certificate, showing the name and address of the lienholder and cause the
certificate, application and
the required fee to be delivered to the lienholder.
(b) The lienholder shall immediately cause the certificate,
application and the required fee to be mailed or delivered to the
Secretary of State.
(c) Upon request of the owner or subordinate lienholder, a
lienholder in possession of the certificate of title shall either mail
or deliver the certificate to the subordinate lienholder for delivery to
the Secretary of State or, upon receipt from the subordinate lienholder
of the owner's application and the required fee, mail or deliver them to
the Secretary of State with the certificate. The delivery of the
certificate does not affect the rights of the first lienholder under his
security agreement.
(d) Upon receipt of the certificate of title, application and the
required fee, the Secretary of State shall issue a new certificate containing
the name and address
of the new lienholder, and mail the certificate to the first lienholder
named in it.
(Source: P.A. 85-511.)
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(625 ILCS 5/3-204) (from Ch. 95 1/2, par. 3-204)
Sec. 3-204.
Assignment by lienholder.
(a) A lienholder may assign, absolutely or otherwise, his security
interest in the vehicle to a person other than the owner without
affecting the interest of the owner or the validity of the security
interest, but any person without notice of the assignment is protected
in dealing with the lienholder as the holder of the security interest
and the lienholder remains liable for any obligations as lienholder
until the assignee is named as lienholder on the certificate.
(b) The assignee may, but need not to perfect the assignment, have
the certificate of title issued with the assignee named as
lienholder, upon delivering to the Secretary of State the certificate
and an assignment by the lienholder named in the certificate in the form
the Secretary of State prescribes.
(Source: P.A. 85-511.)
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(625 ILCS 5/3-205) (from Ch. 95 1/2, par. 3-205)
Sec. 3-205. Release of security interest.
(a) Within 21 days after receiving payment to satisfy a security interest in a vehicle for
which the certificate of title is in the possession of the lienholder,
he shall execute a release of his security interest, and mail
or deliver the certificate and release to the next lienholder named
therein, or, if none, to the owner or any person who delivers to the
lienholder an authorization from the owner to receive the certificate.
If the payment is in the form of cash, a cashier's check, or a
certified check, the number of days is reduced to 10 business days.
If the owner desires a new certificate reflecting no lien, the certificate
and release from the lienholder may be submitted to the Secretary of State,
along with the prescribed application and required fee, for issuance of that
new certificate.
(b) Within 21 days after receiving payment to satisfy a security interest in a vehicle for
which the certificate of title is in the possession of a prior
lienholder, the lienholder whose security interest is satisfied shall
execute a release and deliver the release to the owner or any
person who delivers to the lienholder an authorization from the owner to
receive it. If the payment is in the form of cash, a cashier's check, or a
certified check, the number of days is reduced to 10 business days. The
lienholder in possession of the certificate of title
may either deliver the certificate to the owner, or the person
authorized by him, for delivery to the Secretary of State, or, upon
receipt of the release, may mail or may deliver the certificate and release,
along with prescribed application and require fee, to
the Secretary of State, who shall issue a new certificate.
(c) In addition to any other penalty, a lienholder who fails to execute a
release of his or her security interest or who fails to mail or deliver the
certificate and release within the time limit provided in subsection (a) or (b)
is liable to the person or entity that was supposed to receive the release or
certificate for $150 plus reasonable attorney fees and court costs.
An action under this Section may be brought in small claims court or in any
other appropriate court.
(d) The holder of a security interest in or a lien on a manufactured home may deliver lien release documents to any person to facilitate conveying or encumbering the manufactured home. Any person receiving any such documents so delivered holds the documents in trust for the security interest holder or the lienholder. (Source: P.A. 98-749, eff. 7-16-14.)
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(625 ILCS 5/3-206) (from Ch. 95 1/2, par. 3-206)
Sec. 3-206.
Duty of lienholder.
A lienholder named in a certificate of title shall, upon written request
of the owner or of another lienholder named on the certificate, disclose
any pertinent information as to his security agreement and the indebtedness
secured by it.
(Source: P.A. 76-1586.)
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(625 ILCS 5/3-207) (from Ch. 95 1/2, par. 3-207)
Sec. 3-207. Exclusiveness of procedure.
The method provided in this Act of perfecting and giving notice of
security interests subject to this Act is exclusive. Security interests
subject to this Act are hereby exempted from the provisions of law which
otherwise require or relate to the recording or filing of instruments
creating or evidencing security interests in vehicles including chattel
mortgages and conditional sale agreements, provided, however, that with respect to a manufactured home that is or will be affixed to a permanent foundation, upon recordation of an affidavit of affixation pursuant to the Conveyance and Encumbrance of Manufactured Homes as Real Property and Severance Act and satisfaction of the requirements of Section 3-116.1 or 3-116.2, as applicable, any perfection or termination of a security interest with respect to such permanently affixed property shall be governed by the laws applicable to real property.
(Source: P.A. 98-749, eff. 7-16-14.)
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(625 ILCS 5/3-208) (from Ch. 95 1/2, par. 3-208)
Sec. 3-208. Suspension or revocation of certificates.
(a) The Secretary of State may suspend or revoke a certificate of title,
upon notice and reasonable opportunity to be heard in accordance with
Section 2-118, when authorized by any other provision of law or if he
finds:
1. The certificate of title was fraudulently | ||
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2. The vehicle has been scrapped, dismantled or | ||
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Except as provided in Section 3-116.2, the Secretary of State shall not suspend or revoke a certificate of title to a manufactured home by reason of the fact that, at any time, it shall have become affixed in any manner to real property. (b) Suspension or revocation of a certificate of title does not, in
itself, affect the validity of a security interest noted on it.
(c) When the Secretary of State suspends or revokes a certificate of
title, the owner or person in possession of it shall, immediately upon
receiving notice of the suspension or revocation, mail or deliver the
certificate to the Secretary of State.
(d) The Secretary of State may seize and impound any certificate of
title which has been suspended or revoked.
(Source: P.A. 98-749, eff. 7-16-14.)
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(625 ILCS 5/3-209) (from Ch. 95 1/2, par. 3-209)
Sec. 3-209. Powers of Secretary of State.
(a) The Secretary of State shall prescribe and provide suitable forms of
applications, certificates of title, notices of security interests, and all
other notices and forms necessary to carry out the provisions of this
chapter.
(b) The Secretary of State may:
1. Make necessary investigations to procure | ||
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2. Assign a new identifying number to a vehicle if | ||
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3. Remove a franchise affiliate's lien so that the | ||
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(Source: P.A. 102-154, eff. 1-1-22.)
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(625 ILCS 5/3-210) (from Ch. 95 1/2, par. 3-210)
Sec. 3-210.
Court review.
A person aggrieved by an act or omission to
act of the Secretary of
State under this Article is also entitled to a review
thereof by the
Circuit Court of Sangamon County in accordance
with the Administrative Review Law, as amended.
(Source: P.A. 82-783.)
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(625 ILCS 5/Ch. 3 Art. III heading) ARTICLE III.
CERTIFICATE OF TITLE-REBUILT VEHICLES
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(625 ILCS 5/3-301) (from Ch. 95 1/2, par. 3-301)
Sec. 3-301. New certificate of title for rebuilt vehicle.
(a) For vehicles 8 model years of age or newer, the Secretary of State
shall issue a new certificate of title to any rebuilt
vehicle or any vehicle which previously had been titled as salvage
in this State or any other jurisdiction upon the successful inspection
of the vehicle in accordance with Section 3-308 of this Article.
(b) Vehicles more than 8 model years old shall not be required to
complete a successful inspection required under Section 3-308 of this Code
before being issued a new certificate of title as provided under this
Section.
(c) Vehicles designated as flood vehicles that have sustained damage
greater than 50% of their fair market value with that damage shall be
required to complete a
successful
inspection required under Section 3-308 of this Code before being issued a new
certificate of title provided under paragraph (5), subsection (b) of Section
3-117.1.
(Source: P.A. 102-319, eff. 1-1-22.)
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(625 ILCS 5/3-302) (from Ch. 95 1/2, par. 3-302)
Sec. 3-302.
Application for title; contents.
Every application for
a certificate of title for a rebuilt vehicle shall be made upon a form
prescribed by the Secretary of State, and shall include the following:
1. The name, residence and mailing address of the | ||
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2. A description of the vehicle including, so far as | ||
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3. The date of purchase by applicant, the name and | ||
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4. The current odometer reading at the time of | ||
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5. Any further information the Secretary of State | ||
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(Source: P.A. 92-651, eff. 7-11-02.)
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(625 ILCS 5/3-303) (from Ch. 95 1/2, par. 3-303)
Sec. 3-303. Application for title - attachments. Every application
for a certificate of title for a rebuilt vehicle shall be
accompanied by the following:
1. The salvage certificate or out-of-state title | ||
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2. Bills of sale and other documents evidencing the | ||
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3. Photographs of the rebuilt vehicle if required by | ||
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4. A Certificate of Safety furnished by the | ||
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5. A listing of all replaced essential parts of the | ||
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6. Where the party has contracted for the rebuilding | ||
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(Source: P.A. 96-330, eff. 1-1-10.)
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(625 ILCS 5/3-304) (from Ch. 95 1/2, par. 3-304)
Sec. 3-304. Application for title - affirmation. (a) The applicant
applying for a certificate of title for a rebuilt vehicle shall
sign a written affirmation which states the following:
1. The applicant (A) is a licensed rebuilder and personally | ||
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(B) is a licensed builder and personally | ||
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(C) contracted for rebuilding with a licensed | ||
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2. The applicant personally inspected the completed | ||
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3. The identification numbers of the rebuilt vehicle | ||
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4. The salvage certificate or out-of-state title | ||
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5. All information contained on the application and | ||
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(b) If the applicant states that he or she has contracted for rebuilding with a licensed rebuilder, the applicant shall submit a statement from the rebuilder, in the form designated by the Secretary, stating that all of the supporting documentation and the contents of the application are, to the best of the rebuilder's knowledge and belief, complete, true, and correct. (Source: P.A. 96-330, eff. 1-1-10.)
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(625 ILCS 5/3-305) (from Ch. 95 1/2, par. 3-305)
Sec. 3-305. Inspection fee. The fee for the inspection of a rebuilt
vehicle shall be $94. All such fees received by the Secretary
of State shall be disbursed under subsection (g) of Section 2-119 of this Code.
(Source: P.A. 99-127, eff. 1-1-16.)
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(625 ILCS 5/3-306) (from Ch. 95 1/2, par. 3-306)
Sec. 3-306.
Retention of documents.
The original documents required to
be submitted to the Secretary of State pursuant to Sections 3-301 through
3-305 shall be retained by the Secretary of State for a period determined
by Secretary of State by rule or regulation.
(Source: P.A. 83-1528.)
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(625 ILCS 5/3-307) (from Ch. 95 1/2, par. 3-307) Sec. 3-307. Short term permit. The Secretary of State shall issue at no charge a short term permit to a licensed rebuilder for (i) any vehicle for which an application for a certificate of title for a rebuilt vehicle will be submitted or (ii) any vehicle which is or may have been salvaged and which must be driven on the roads and highways of this State to a place of inspection.(Source: P.A. 104-105, eff. 8-1-25.) |
(625 ILCS 5/3-308) (from Ch. 95 1/2, par. 3-308)
Sec. 3-308.
Inspection of rebuilt
vehicles.
(a) The Secretary of State shall inspect any vehicle
8 model years of age or newer for which an application for a certificate of
title for a rebuilt
vehicle will be submitted, or any foreign vehicle which is or may have been
salvage
as defined under the provisions of this Code.
(b) The inspection of the vehicle shall include an examination of the
vehicle and its parts and of the application and proof of notification, if
applicable, to determine that:
(1) the identification numbers of the vehicle or its | ||
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(2) all information contained in the application for | ||
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(3) there are no indications that the vehicle or any | ||
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(c) The Secretary of State shall, by rule or regulation, carry out and
implement the provisions contained in this Section.
(d) All fees received by the Secretary of State from the inspection of
vehicles under this Section shall be applied towards the maintenance of the
vehicle
inspection program and the personnel costs required for the operation of such
program.
(Source: P.A. 89-433, eff. 12-15-95.)
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(625 ILCS 5/Ch. 3 Art. IV heading) ARTICLE IV.
ORIGINAL AND RENEWAL OF REGISTRATION
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(625 ILCS 5/3-400) (from Ch. 95 1/2, par. 3-400)
Sec. 3-400. Definitions. Notwithstanding the definitions set forth in
Chapter 1 of this Act, for the purposes of this Article, the following
words shall have the meaning ascribed to them as follows:
"Apportionable Fee" means any periodic recurring fee required for
licensing or registering vehicles, such as, but not limited to,
registration fees, license or weight fees.
"Apportionable Vehicle" means any vehicle, except recreational
vehicles, vehicles displaying restricted plates, city pickup and delivery
vehicles, buses used in transportation of chartered parties, and government
owned vehicles that are used or intended for use in 2 or more member
jurisdictions that allocate or proportionally register vehicles, in a
fleet which is used for the transportation of persons for hire or the
transportation of property and which has a gross vehicle weight in excess of
26,000 pounds; or has three or more axles regardless of weight; or is used in
combination when the weight of such combination exceeds 26,000 pounds gross
vehicle weight. Vehicles, or combinations having a gross vehicle weight of
26,000 pounds or less and two-axle vehicles may be proportionally registered at
the option of such owner.
"Base Jurisdiction" means, for purposes of fleet registration, the
jurisdiction where the registrant has an established place of business,
where operational records of the fleet are maintained and where mileage
is accrued by the fleet. In case a registrant operates more than one
fleet, and maintains records for each fleet in different places, the
"base jurisdiction" for a fleet shall be the jurisdiction where an
established place of business is maintained, where records of the
operation of that fleet are maintained and where mileage is accrued by
that fleet.
"Operational Records" means documents supporting miles traveled in
each jurisdiction and total miles traveled, such as fuel reports, trip
leases, and logs.
"Owner" means 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 the 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 with right of
purchase, or in the event a mortgagor of such motor vehicle is entitled
to possession, or in the event a lessee of such motor vehicle is
entitled to possession or control, then such conditional vendee or
lessee with right of purchase or mortgagor or lessee is considered to be
the owner for the purpose of this Act.
"Registration plate or digital registration plate cover" means any tinted, colored, painted, marked, clear, or illuminated object that is designed to (i) cover any of the characters of a motor vehicle's
registration plate or digital registration plate; or (ii) distort a recorded image of any of the characters
of a motor vehicle's registration plate or digital registration plate recorded by an automated enforcement system as defined in Section 11-208.6, 11-208.8, or 11-1201.1 of this Code or recorded by an automated traffic control system as defined in Section 15 of the Automated Traffic Control Systems in Highway Construction or Maintenance Zones Act. "Rental Owner" means an owner principally engaged, with respect to
one or more rental fleets, in renting to others or offering for rental
the vehicles of such fleets, without drivers.
"Restricted Plates" shall include, but is not limited to, dealer,
manufacturer, transporter, farm, repossessor, and permanently mounted type
plates. Vehicles displaying any of these type plates from a foreign
jurisdiction that is a member of the International Registration Plan shall be
granted reciprocity but shall be subject to the same limitations as similar
plated Illinois registered vehicles.
(Source: P.A. 101-395, eff. 8-16-19.)
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(625 ILCS 5/3-401) (from Ch. 95 1/2, par. 3-401)
Sec. 3-401. Effect of provisions.
(a) It shall be unlawful for any
person to violate any provision of this Chapter or to drive or move or
for an owner knowingly to permit to be driven or moved upon any highway
any vehicle of a type required to be registered hereunder which is not
registered or for which the appropriate fee has not been paid when and
as required hereunder, except that when application accompanied by
proper fee has been made for registration of a vehicle it may be
operated temporarily pending complete registration upon displaying a
duplicate application duly verified or other evidence of such
application or otherwise under rules and regulations promulgated by the
Secretary of State.
(b) The appropriate fees required to be paid under the various
provisions of this Act for registration of vehicles shall mean the fee
or fees which would have been paid initially, if proper and timely
application had been made to the Secretary of State for the appropriate
registration required, whether such registration be a flat weight
registration, a single trip permit, a reciprocity permit or a
supplemental application to an original prorate application together
with payment of fees due under the supplemental application for prorate
decals.
(c) Effective October 1, 1984, no vehicle required to pay a Federal
Highway
Users Tax shall be registered unless proof of payment, in a form prescribed
and approved by the Secretary of State, is submitted with the appropriate
registration. Notwithstanding any other provision of this Code, failure
of the applicant to comply with this paragraph shall be deemed grounds for
the Secretary to refuse registration.
(c-1) A vehicle may not be registered by the Secretary of State unless that vehicle:
(1) was originally manufactured for operation on | ||
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(2) is a modification of a vehicle that was | ||
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(3) was assembled from component parts designed for | ||
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(d) Second division vehicles.
(1) A vehicle of the second division moved or | ||
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(2) If a vehicle and load are operated in this State | ||
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(3) Any person operating a legal combination of | ||
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(4) If the defendant claims that he or she had | ||
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(Source: P.A. 100-70, eff. 8-11-17.)
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(625 ILCS 5/3-401.5) Sec. 3-401.5. Digital registration plates and renewals. (a) The Secretary of State may authorize the issuance of a digital registration plate to a vehicle, in lieu of a set of static, metal registration plates, if the vehicle owner separately purchases the digital registration plate for a particular vehicle. The Secretary shall consult with law enforcement agencies when considering whether to approve the design of a digital license plate. The display device must allow for the automated image capture of letters and numbers during daytime and nighttime, including when the vehicle is parked or turned off. The Secretary shall work with the vehicle owner and the distributor of the digital registration plates to coordinate the appropriate plate image and registration expiration to appear on the digital registration plate. One metal plate shall still be issued to the vehicle owner for the front end of the vehicle. (b) The Secretary, for any vehicle owner that purchases a digital registration plate, may electronically renew the digital registration plate upon receiving the appropriate renewal registration fee as set forth in this Code. The Secretary may also authorize the image to be suspended or revoked and replaced with an alternative image or blank screen upon violation of any provision of this Code or the failure to renew the digital registration plate. (c) Before a digital registration plate may be issued in lieu of a special plate authorized under Article VI of this Chapter, the Secretary shall seek approval from the originating organization, when possible, to authorize a digital version of the static, metal plates issued to a vehicle owner. (d) The owner of a digital registration plate is responsible for any costs associated with using the digital registration plate, including, but not limited to, the initial purchase price and any replacement costs. (e) The Secretary of State may adopt any rules necessary to implement and develop a digital registration plate program, including rules regarding the images that may appear on digital registration plates. (f) No image shall appear on a digital registration plate without prior approval of the Secretary of State.
(Source: P.A. 101-395, eff. 8-16-19.) |
(625 ILCS 5/3-402) (from Ch. 95 1/2, par. 3-402) Sec. 3-402. Vehicles subject to registration; exceptions. A. Exemptions and Policy. Every motor vehicle, trailer, semitrailer and pole trailer when driven or moved upon a highway shall be subject to the registration and certificate of title provisions of this Chapter except: (1) Any such vehicle driven or moved upon a highway | ||
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(2) Any implement of husbandry whether of a type | ||
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(3) Any special mobile equipment as herein defined; (4) Any vehicle which is propelled exclusively by | ||
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(5) Any vehicle which is equipped and used | ||
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(6) Any vehicle which is owned and operated by the | ||
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(7) Any converter dolly or tow dolly which merely | ||
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(8) Any house trailer found to be an abandoned mobile | ||
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(9) Any vehicle that is not properly registered or | ||
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(10) Low-speed electric scooters. B. Reciprocity. Any motor vehicle, trailer, semitrailer or pole trailer need not be registered under this Code provided the same is operated interstate and in accordance with the following provisions and any rules and regulations promulgated pursuant thereto: (1) A nonresident owner, except as otherwise provided | ||
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Every nonresident including any foreign corporation | ||
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(2) Any motor vehicle, trailer, semitrailer and pole | ||
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(a) that the vehicle is properly registered in | ||
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(b) that such vehicle is part of a fleet of | ||
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(c) that such vehicle is part of a fleet of | ||
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(3)(a) In order to effectuate the purposes of this | ||
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The Secretary of State may negotiate agreements or | ||
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(b) Such reciprocal agreements or arrangements shall | ||
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(c) Such agreements or arrangements may also | ||
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(d) Such agreements or arrangements shall also | ||
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(e) Such agreements or arrangements may also provide | ||
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(f) Such agreements or arrangements may also include | ||
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(4) The Secretary of State is further authorized to | ||
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(5) All agreements, arrangements, declarations and | ||
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(6) The Secretary of State is further authorized to | ||
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(7)(a) Upon the suspension, revocation or denial of | ||
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(b) The Secretary may likewise, in his discretion and | ||
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(c) The Secretary shall notify a petitioner or any | ||
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(d) The actions or inactions or determinations, or | ||
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Any reciprocal agreements or arrangements entered | ||
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C. Vehicles purchased out-of-state. A resident of this State who purchases a vehicle in another state and transports the vehicle to Illinois shall apply for registration and certificate of title as soon as practicable, but in no event more than 45 days after the purchase of the vehicle. If an Illinois motorist who purchased a vehicle from an out-of-state licensed dealer is unable to meet the 45-day deadline due to a delay in paperwork from the seller, that motorist may obtain an Illinois temporary registration plate with: (i) proof of purchase; (ii) proof of meeting the Illinois driver's license or identification card requirement; and (iii) proof that Illinois title and registration fees have been paid. If fees have not been paid, the motorist may pay the fees in order to obtain the temporary registration plate. The owner of such a vehicle shall display any temporary permit or registration issued in accordance with Section 3-407. (Source: P.A. 103-209, eff. 1-1-24; 103-899, eff. 8-9-24; 104-417, eff. 8-15-25.) |
(625 ILCS 5/3-402.1) (from Ch. 95 1/2, par. 3-402.1)
Sec. 3-402.1.
Proportional registration.
Any owner
or rental owner engaged in operating a fleet of apportionable
vehicles in this State and one or more other states may, in
lieu of registration of such vehicles under the general
provisions of Sections 3-402, 3-815, 3-815.1, and 3-819, register
and license such fleet for operations in this State by
filing an application statement, signed under penalties
of perjury, with the Secretary of State which shall be in
such form and contain such information as the Secretary of
State shall require, declaring the total mileage operated
in all states by such fleet, the total mileage operated
in this state by such fleet during the preceding year,
and describing and identifying each apportionable vehicle
to be operated in this State during the ensuing year. If
mileage data is not available for the preceding year, the
Secretary of State may accept the latest 12-month period
available.
"Preceding year" means the period of 12 consecutive months immediately prior
to July 1st of the year immediately preceding the registration or license year
for which proportional registration is sought.
Such owner shall determine the proportion of in-state
miles to total fleet miles. Such percentage figure shall
be such owner's apportionment factor. In determining the
total fee payment, such owner shall first compute the license
fee or fees for each vehicle within the fleet which would otherwise be
required,
and then multiply the said amount by the Illinois apportionment
factor adding the fees for each vehicle to arrive at a total amount for
the fleet. Apportionable trailers and semitrailers will be registered in
accordance with the provisions of Section 3-813 of this Code.
Upon receipt of the appropriate fees from such owner
as computed under the provisions of this Section, the Secretary
of State shall, when this State is the base jurisdiction,
issue to such owner number plates or other distinctive tags
or such evidence of registration as the Secretary of State
shall deem appropriate to identify each vehicle in the fleet
as a part of a proportionally registered interstate fleet.
Vehicles registered under the provision of this Section
shall be considered fully licensed and properly registered in
Illinois for any type of movement or operation. The proportional
registration and licensing provisions of this Section shall apply
to vehicles added to fleets and operated in this State during
the registration year, applying the same apportionment factor
to such fees as would be payable for the remainder of the
registration year.
Apportionment factors for apportionable vehicles not
operated in this State during the preceding year shall be
determined by the Secretary of State on the basis of
a full statement of the proposed methods of operation and in conformity
with an estimated mileage chart as calculated by the Secretary of State.
An established fleet adding states at the time of renewal shall estimate
mileage for the added states in conformity with a mileage chart developed
by the Secretary of State.
(Source: P.A. 93-23, eff. 6-20-03.)
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(625 ILCS 5/3-402.2) (from Ch. 95 1/2, par. 3-402.2)
Sec. 3-402.2.
Audits.
In addition to audit authority
set forth in Section 2-124 of this Act, the Secretary of
State, when this state is the base jurisdiction, may audit
such owners displaying a base plate of this state as to
authenticity of mileage figures and registrations and at
such time and frequency as determined by the Secretary of
State. Audits may be made by officials of other jurisdictions
which are members of an International Registration Plan (IRP) of which
this state is also a member.
Upon completion of any such audit, the Secretary of
State shall notify all jurisdictions in which such owner
was proportionally registered on the accuracy of the records
of such owner. Should such owner have underpaid or overpaid
any jurisdiction
in which his vehicles were proportionally registered,
such information shall be furnished to the jurisdiction for
processing in accordance with the procedures as set forth under the
International Registration Plan.
(Source: P.A. 92-69, eff. 7-12-01.)
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(625 ILCS 5/3-402.3) (from Ch. 95 1/2, par. 3-402.3)
Sec. 3-402.3.
Relation to Other State Laws.
The
provisions of Section 3-402.1 shall constitute complete authority
for the registration of vehicles upon a proportional
registration basis without reference to or application of
any other statutes of this state.
(Source: P.A. 79-1041.)
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(625 ILCS 5/3-402.4) (from Ch. 95 1/2, par. 3-402.4)
Sec. 3-402.4.
Administrative Agreements and Rules.
The Secretary of
State may enter into agreements, compacts, or arrangements with other
jurisdictions or agents for such jurisdictions, such as the American
Association of Motor Vehicle Administrators, on behalf of this state for
allocation or proportional registration of apportionable vehicles in a
manner provided in Section 3-402.1 for the purpose of facilitating the
administration thereof, and also for the purpose of conforming procedures
for proportional registration, pursuant to Sections 3-402.1 and 3-402.2,
with those agreed to by two or more additional jurisdictions, including but
not limited to, acceptance of base jurisdiction responsibilities for
apportional registration and licensing of fleet vehicles in other
jurisdiction. In addition, the Secretary of State may adopt and promulgate
such rules and regulations as he shall deem necessary to effectuate and
administer the provisions of Sections 3-402.1 and 3-402.2. Any reciprocal
arrangements or agreements in effect with jurisdictions that cannot grant
proportional registration shall remain in force until specifically
cancelled by either jurisdiction or until such time that jurisdiction
becomes a member of an International Registration Plan (IRP) of which this
state is also a member.
(Source: P.A. 87-206.)
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(625 ILCS 5/3-403) (from Ch. 95 1/2, par. 3-403)
Sec. 3-403. Trip and Short-term permits.
(a) The Secretary of State may issue a short-term permit to operate a
nonregistered first or second division vehicle within the State of Illinois
for a period of not more than 7 days. Any second division vehicle
operating
on such permit may operate only on empty weight. The fee for the
short-term permit shall be $6 for permits purchased on
or before June 30, 2003
and $10 for permits purchased on or after July 1, 2003. For short-term
permits purchased on or after July 1, 2003, $4 of the fee collected for the
purchase of each permit shall be deposited into the General Revenue Fund.
This permit may also be issued to operate an unladen registered vehicle
which is suspended under the Vehicle Emissions Inspection Law and allow it
to be driven on the roads and highways of the State in order to be repaired
or when traveling to and from an emissions inspection station.
(b) The Secretary of State may, subject to reciprocal agreements,
arrangements or declarations made or entered into pursuant to Section
3-402, 3-402.4 or by rule, provide for and issue registration permits for
the use of Illinois highways by vehicles of the second division on an
occasional basis or for a specific and special short-term use, in
compliance with rules and regulations promulgated by the Secretary of
State, and upon payment of the prescribed fee as follows:
One-trip permits. A registration permit for one trip, or one round-trip
into and out of Illinois, for a period not to exceed 72 consecutive hours
or 3 calendar days may be provided, for a fee as prescribed in Section 3-811.
Three-month permits. A registration permit for 90 days may be provided for
a fee of $13 for registration plus 1/10 of the flat weight tax.
In-transit permits. A registration permit for one trip may be provided
for vehicles in transit by the driveaway or towaway method and operated
by a transporter in compliance with the Illinois Motor Carrier of Property
Law, for a fee as prescribed in Section 3-811.
Illinois Temporary Apportionment Authorization Permits. An apportionment
authorization permit for forty-five days for the immediate operation of
a vehicle upon application for and prior to receiving apportioned credentials
or interstate credentials from the State of Illinois. The fee for
such permit shall be $3.
Illinois Temporary Prorate Authorization Permit. A prorate authorization
permit for forty-five days for the immediate operation of a vehicle upon
application for and prior to receiving prorate credentials or interstate
credentials from the State of Illinois. The fee for such permit shall be
$3.
(c) The Secretary of State shall promulgate by such rule or regulation,
schedules of fees and taxes for such permits and in computing the amount
or amounts due, may round off such amount to the nearest full dollar amount.
(d) The Secretary of State shall further prescribe the form of application
and permit and may require such information and data as necessary and proper,
including confirming the status or identity of the applicant and the vehicle
in question.
(e) Rules or regulations promulgated by the Secretary of State under this
Section shall provide for reasonable and proper limitations and restrictions
governing the application for and issuance and use of permits, and shall
provide for the number of permits per vehicle or per applicant, so as to
preclude evasion of annual registration requirements as may be required by
this Act.
(f) Any permit under this Section is subject to suspension or revocation
under this Act, and in addition, any such permit is subject to suspension
or revocation should the Secretary of State determine that the vehicle
identified in any permit should be properly registered in Illinois. In the
event any such permit is suspended or revoked, the permit is then null and
void, may not be re-instated, nor is a refund therefor available. The
vehicle identified in such permit may not thereafter be operated in
Illinois without being properly registered as provided in this Chapter.
(Source: P.A. 102-154, eff. 1-1-22.)
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(625 ILCS 5/3-404) (from Ch. 95 1/2, par. 3-404)
Sec. 3-404. Vehicles of second division carrying persons or
property - Required documents. The Secretary of State shall
require an appropriate document, including but not limited to a
bill of lading, trip manifest or
dispatch record, to be carried, on all vehicles of the second
division, carrying persons or property setting forth therein:
(a) the point of origin and destination of the | ||
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(b) whether the movement is for-hire or not-for-hire; | ||
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(c) whether the movement is intrastate or interstate | ||
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The Secretary of State shall promulgate and publish reasonable
rules and regulations for the administration and enforcement of
this requirement. Vehicles bearing valid current Illinois
registration plate or plates or digital registration plate or plates and registration stickers or digital registration stickers where
applicable shall be exempted from such requirement by the
Secretary of State whether the movement is "intrastate" or
"interstate" as defined in this Act.
(Source: P.A. 101-395, eff. 8-16-19.)
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(625 ILCS 5/3-405) (from Ch. 95 1/2, par. 3-405) Sec. 3-405. Application for registration. (a) Every owner of a vehicle subject to registration under this Code shall make application to the Secretary of State for the registration of such vehicle upon the appropriate form or forms furnished by the Secretary. Every such original application shall bear the signature of the owner written with pen and ink and contain: 1. The name, domicile address, as defined in Section | ||
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2. A description of the vehicle, including such | ||
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3. (Blank). 3.5. A space for a voluntary disclosure of a | ||
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4. Such further information as may reasonably be | ||
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5. An affirmation by the applicant that all | ||
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(b) When such application refers to a new vehicle purchased from a dealer the application shall be accompanied by a Manufacturer's Statement of Origin from the dealer, and a statement showing any lien retained by the dealer.(Source: P.A. 104-443, eff. 1-1-26.) |
(625 ILCS 5/3-405.1) (from Ch. 95 1/2, par. 3-405.1)
Sec. 3-405.1. Application for vanity and personalized license plates.
(a) Vanity license plates mean any license plates, assigned to a passenger
motor vehicle of the first division, to a motor vehicle of the second
division registered at not more than 8,000 pounds, to a trailer weighing 8,000 pounds or less paying the flat weight tax, to a funeral home vehicle, an electric vehicle, or a recreational
vehicle, which display a registration number containing 1 to 7 letters and no
numbers or 1, 2, or 3 numbers and no letters as requested by the owner of the
vehicle and license plates issued to retired members of Congress under Section
3-610.1 or to retired members of the General Assembly as provided in Section
3-606.1. Personalized license plates mean any license plates, assigned to a
passenger motor vehicle of the first division, to a motor vehicle of the second
division registered at not more than 8,000 pounds, to a trailer weighing 8,000 pounds or less paying the flat weight tax, to a funeral home vehicle, an electric vehicle, or a recreational
vehicle, which display a registration number containing one of the following
combinations of letters and numbers, as requested by the owner of the vehicle:
Standard Passenger Plates
First Division Vehicles
1 letter plus 0-99
2 letters plus 0-99
3 letters plus 0-99
4 letters plus 0-99
5 letters plus 0-99
6 letters plus 0-9
Second Division Vehicles
8,000 pounds or less, Trailers
8,000
pounds or less paying the flat weight tax, and Recreation Vehicles
0-999 plus 1 letter
0-999 plus 2 letters
0-999 plus 3 letters
0-99 plus 4 letters
0-9 plus 5 letters
(b) For any registration period commencing after December 31, 2003, any
person who is the registered owner of a passenger motor vehicle of the first
division, of a motor vehicle of the second division registered at not
more than 8,000 pounds, of a trailer weighing 8,000 pounds or less paying the flat weight tax, of a funeral home vehicle, of an electric vehicle, or of a recreational vehicle registered with the
Secretary of State or who makes application for an original registration of
such a motor vehicle or renewal registration of such a motor vehicle may,
upon payment of a fee prescribed in Section 3-806.1 or Section 3-806.5,
apply to the Secretary of State for vanity or personalized license plates.
(c) Except as otherwise provided in this Chapter 3, vanity and personalized
license plates as issued under this Section shall be the same color and design
as other passenger vehicle license plates or electric vehicle license plates and shall not in any manner conflict
with any other existing passenger, commercial, trailer, motorcycle, or special
license plate series. However, special registration plates issued under
Sections 3-611 and 3-616 for vehicles operated by or for persons with
disabilities may also be vanity or personalized license plates.
(d) Vanity and personalized license plates shall be issued only to the
registered owner of the vehicle on which they are to be displayed, except
as provided in Sections 3-611 and 3-616 for special registration plates
for vehicles operated by or for persons with
disabilities.
(e) An applicant for the issuance of vanity or personalized license
plates or subsequent renewal thereof shall file an application in such form
and manner and by such date as the Secretary of State may, in his discretion,
require.
No vanity nor personalized license plates shall be approved, manufactured, or
distributed that contain any characters, symbols other than the international
accessibility symbol for vehicles operated by or for
persons with disabilities, foreign words, or letters of punctuation.
(f) Vanity and personalized license plates as issued pursuant to this
Act may be subject to the Staggered Registration System as prescribed by
the Secretary of State.
(g) For purposes of this Section, "funeral home vehicle" means any motor vehicle of the first division or motor vehicle of the second division weighing 8,000 pounds or less that is owned or leased by a funeral home. (h) As used in this Section, "electric vehicle" means any vehicle that is required to be registered under Section 3-805. (Source: P.A. 102-154, eff. 1-1-22.)
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(625 ILCS 5/3-405.2) (from Ch. 95 1/2, par. 3-405.2)
Sec. 3-405.2.
Improper plates.
The Secretary of State shall refuse
to issue any license plates bearing a combination of letters or numbers,
or both, which creates a potential duplication or, in the opinion of the
Secretary, (1) would substantially interfere with plate identification for
law enforcement purposes, (2) is misleading, or (3) creates a connotation
that is offensive to good taste and decency.
The Secretary may revoke any such plates issued previously. Any person
who has his or her plates revoked under this Section may acquire at no charge
new plates and any required stickers of the same category and for the same
period of registration.
(Source: P.A. 83-449.)
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(625 ILCS 5/3-405.3)
Sec. 3-405.3.
Application for fleet vehicles.
(a) An owner engaged in operating a fleet of motor vehicles of the first
division in this State or a
fleet of second division vehicles operated intrastate may register and license
the fleet for
operations in this State by
filing an application statement with the Secretary of State, signed under
penalties of perjury, which
shall be in the form and contain the information required by the Secretary of
State.
First division
vehicles registered under this Section must be registered in accordance with
the fees prescribed in
Section 3-806 of this Code.
Second division
vehicles registered under this Section must be registered in accordance with
the fees prescribed in
Section 3-815 of this Code.
(b) Participation in the fleet registration plan may be accomplished only
by entering into a
contractual agreement with the Secretary. The applicant must have electronic
data interchange
capabilities. The Secretary shall in his or her discretion determine other
qualifications for fleet
owners to register under this paragraph. In making the determination, the
Secretary shall consider
the size of the fleet and the past history of the registrant.
(Source: P.A. 92-629, eff. 7-1-03.)
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(625 ILCS 5/3-405.4)
Sec. 3-405.4.
Audits.
In addition to audit authority set forth in Section
2-124 of this Code, the Secretary of State may audit the registration plates
and the inventory of credentials of any fleet owner participating in the fleet
registration plan.
(Source: P.A. 92-629, eff. 7-1-03.)
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(625 ILCS 5/3-405.5) Sec. 3-405.5. Registration by an owner with a condition that impedes effective communication. (a) An application for registration must provide space where the applicant voluntarily may indicate that the applicant, child of the applicant, or other approved driver of the registered vehicle has a health condition or disability that may impede effective communication with a peace officer. The application shall include a checklist of common health conditions and disabilities that impede effective communication from which the applicant may select. The checklist shall also include a blank space for the applicant to specify a condition that is not listed. The Secretary of State may request from a person who makes an indication under this subsection verification of a condition in the form of: (1) for a physical health condition, a written | ||
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(2) for a mental health condition, a written | ||
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(b) The Secretary shall provide to the Illinois State Police the vehicle registration information of a person who indicated on an application under subsection (a) that the person, child of the person, or other approved driver of the registered vehicle has a health condition or disability that may impede effective communication. The Secretary may not provide to the Illinois State Police information that shows the person's specific health condition or disability, or that of another approved driver of the registered vehicle, unless the person authorizes the disclosure of the specific health condition or disability. (c) The Illinois State Police shall establish a system to include information received under subsection (b) in the statewide Law Enforcement Agencies Data System for the purpose of alerting a peace officer who makes a traffic stop that the operator or a child passenger of the stopped vehicle may have a health condition or disability that may impede effective communication. (d) The Illinois State Police may not make information received under subsection (b) available in the statewide Law Enforcement Agencies Data System to a person who has access to the system under a contract unless the contract prohibits the person from disclosing that information to a person who is not subject to the contract. (e) Except as otherwise provided by this Section, information supplied to the Secretary relating to an applicant's health condition or disability, or that of another approved driver of the registered vehicle, may not be disclosed to any person. Such information is for the confidential use of the Secretary and the Illinois State Police.
(Source: P.A. 102-1069, eff. 7-1-23.) |
(625 ILCS 5/3-406) (from Ch. 95 1/2, par. 3-406)
Sec. 3-406. Application for specially constructed, reconstructed, custom, street rod, foreign vehicles, or glider kits. (a) In the event the vehicle to be registered is a specially
constructed, reconstructed or foreign vehicle, such fact shall be stated in
the application and with reference to every foreign vehicle which has been
registered heretofore outside of this State the owner shall surrender to
the Secretary of State all registration plates, registration cards or other
evidence of such foreign registration as may be in his possession or under
his control except as provided in subdivision (b) hereof.
(b) Where in the course of interstate operation of a vehicle registered
in another State, it is desirable to retain registration of said vehicle in
such other State, such applicant need not surrender but shall submit for
inspection said evidences of such foreign registration and the Secretary of
State upon a proper showing shall register said vehicle in this State but
shall not issue a certificate of title for such vehicle.
(c) In the event the applicant seeks to have the vehicle registered as a custom vehicle or street rod, that fact must be stated in the application. Prior to registration, custom vehicles or street rods must be inspected by the Secretary of State Department of Police. Upon successful completion of the inspection, the vehicle may be registered in the following manner. The make of the vehicle shall be listed as the make of the actual vehicle or the make it is designed to resemble (e.g., Ford or Chevrolet); the model of the vehicle shall be listed as custom vehicle or street rod; and the year of the vehicle shall be listed as the year the actual vehicle was manufactured or the year it is designed to resemble. (d) In the event the applicant seeks to have the vehicle registered as a glider kit, that fact must be stated in the application. Each glider kit sought to be registered shall be inspected by the Secretary of State Department of Police who shall verify the chassis, cab, front axle, and other essential parts as acceptable. Upon successful completion of the inspection, the vehicle may be registered in the following manner: (1) the make of the vehicle shall be listed as the make of the chassis of the actual manufacturer; (2) the model of the vehicle shall be listed as glider kit; and (3) the year of the vehicle shall be listed as the year presented on the manufacturer's certificate of origin for the chassis, unless no year is presented, then it shall be listed as the year the application is received. (Source: P.A. 99-748, eff. 8-5-16.)
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(625 ILCS 5/3-407) (from Ch. 95 1/2, par. 3-407)
Sec. 3-407. Temporary permit or registration pending registration.
(a) Temporary Permit. The Secretary of State in his discretion may
grant a temporary permit or placard to operate a vehicle for which
application for
registration and certificate of title has been made where such application
is made by the holder of a valid Illinois driver's license or identification
card, or equivalent documentation, and accompanied by the proper fee, pending action upon said application by
the Secretary of State. If the person making
the application is primarily a resident of a state other than the State of
Illinois, that person shall provide a valid driver's license or
identification card, or equivalent documentation, of that primary state of
residence, accompanied by the proper fee, and one or more of the following:
(i) proof of ownership or lease agreement for a residence in Illinois; (ii)
proof of enrollment in an Illinois college, university, or other institution of
higher education; or (iii) proof of active duty military status. In lieu of payment of the proper fee, the Secretary
of State may accept a bond therefor or a certificate of deposit, in the
proper amount, and in the same form and subject to the same requirements as
the payment of such fees or taxes on an installment basis, except that the
fees or taxes due shall be payable and paid to the Secretary of State. The
design, color and format of the temporary permit or placard shall be wholly
within the discretion of the Secretary of State.
(b) Temporary Registration. The Secretary of State in his discretion may
issue registration plates to an owner for which application and certificate
of title has been made where such application is accompanied by the proper
fee and tax, pending completion of the said application by the applicant
and the Secretary, subject however to rules and regulations promulgated by
the Secretary.
(c) Revocation. A temporary permit or registration is subject to
revocation to the same extent as any other registration.
(Source: P.A. 103-209, eff. 1-1-24.)
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(625 ILCS 5/3-407.5) Sec. 3-407.5. Temporary permit for charitable not-for-profit organization. (a) Any charitable not-for-profit organization that is exempt from federal income taxation under Section 501(c)(3) of the Internal Revenue Code and engaged in the maintenance and repair of motor vehicles may make application to the Secretary for a temporary permit to operate a motor vehicle that was donated to the not-for-profit organization for the purpose of donating the motor vehicle to a low-income individual. (b) A permit issued under this Section shall be valid for a period of 90 days. No more than 2 permits may be issued under this Section for any one vehicle. A vehicle may be operated with the temporary permit only for purposes of delivering the vehicle to a not-for-profit organization, moving the vehicle for maintenance or repairs, or delivering the vehicle to a low-income individual. (c) An applicant for the temporary permit shall provide the Secretary proof of the not-for-profit status of the organization, along with a document signed by the donor and the not-for-profit organization expressly stating that the vehicle is being donated to the not-for-profit organization by the donor, and the not-for-profit organization assumes all liability for the operation of the vehicle upon accepting the donation. This form must identify the vehicle by make, model, year, and vehicle identification number. An applicant for the temporary permit shall also provide the Secretary with proof of liability insurance covering the vehicle in at least the minimum amounts set forth in Article VI of Chapter 7. The donated motor vehicle shall meet the requirements for registration under Chapter 3 of this Code to qualify for a temporary permit under this Section. A copy of the permit shall be kept inside the motor vehicle at all times. (d) The Secretary may adopt any rules necessary to implement this Section.
(Source: P.A. 101-51, eff. 7-12-19.) |
(625 ILCS 5/3-408) (from Ch. 95 1/2, par. 3-408)
Sec. 3-408.
Grounds for refusing registration or certificate of title.
The Secretary of State shall refuse registration or any transfer of
registration upon any of the following grounds:
1. That the application contains any false or | ||
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2. That the Secretary of State has reasonable ground | ||
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3. That the registration of the vehicle stands | ||
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4. That the required fee has not been paid;
5. (a) In the case of medical transport vehicles and | ||
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6. That the applicant is 90 days or more delinquent | ||
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(Source: P.A. 92-108, eff. 1-1-02.)
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(625 ILCS 5/3-409) (from Ch. 95 1/2, par. 3-409)
Sec. 3-409.
Registration indexes.
The Secretary of State shall file each application received and when
satisfied as to the genuineness and regularity thereof, and that the
applicant is entitled to register such vehicle and to the issuance of a
certificate of title, shall register the vehicle therein described and keep
a suitable record thereof as follows:
1. Under a distinctive registration number assigned to the vehicle;
2. Under the identifying number of the vehicle;
3. Alphabetically, under the name of the owner;
4. In the discretion of the Secretary of State, in any other manner it
may deem desirable.
(Source: P.A. 76-1586.)
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(625 ILCS 5/3-410) (from Ch. 95 1/2, par. 3-410)
Sec. 3-410.
Secretary of State to issue registration card.
(a) The Secretary of State upon registering a vehicle shall issue a
registration card.
(b) The registration card shall be delivered to the owner and shall
contain upon the face thereof the date issued, the name and address of the
owner, the registration number assigned to the vehicle and as to vehicles
of the second division, whether the vehicle is for-hire or not-for-hire and
such description of the vehicle as determined by the Secretary of State.
(Source: P.A. 76-1586.)
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(625 ILCS 5/3-411) (from Ch. 95 1/2, par. 3-411)
Sec. 3-411.
Registration card to be carried and exhibited on demand.
(a) Every registration card for a vehicle of the second division weighing
more than 8,000 pounds or any vehicle of the second division weighing 8,000
pounds or less towing a trailer, except
pole trailer or semitrailer shall at all times be carried in the vehicle to
which it refers or shall be carried by the person driving or in control of
such vehicle who shall display the same upon demand of a police officer or
any officer or employee of the Secretary of State.
(b) The provisions of this Section requiring that a registration card be
carried in the vehicle to which it refers or by the person driving the same
shall not apply when such card is used for the purpose of making
application for renewal of registration or upon a transfer of registration
of said vehicle.
(c) Every owner or operator of a vehicle of the second division subject to
a reciprocity agreement under subsection (b) of Section 3-402 of this Chapter
shall at all times carry in the vehicle a copy of the reciprocity permit and
shall display the same upon demand of a police officer or any officer or
employee of the Secretary of State.
(Source: P.A. 89-245, eff. 1-1-96; 89-687, eff. 6-1-97.)
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(625 ILCS 5/3-412) (from Ch. 95 1/2, par. 3-412)
Sec. 3-412. Registration plates or digital registration plates and registration stickers or digital registration stickers to be
furnished by the Secretary of State. (a) The Secretary of State upon registering a vehicle subject to annual
registration for the first time shall issue or shall cause to be issued to the
owner one registration plate or digital registration plate for a motorcycle, trailer, semitrailer, moped, autocycle, or truck-tractor, 2 registration plates, or a digital registration plate and metal plate as set forth in Section 3-401.5, for other motor vehicles
and, where applicable, current registration stickers or digital registration stickers for motor vehicles of the
first division. The provisions of this Section may be made applicable to such
vehicles of the second division, as the Secretary of State may, from time to
time, in his discretion designate. On subsequent annual registrations
during the term of the registration plate or digital registration plate as provided in Section 3-414.1, the
Secretary shall issue or cause to be issued registration stickers or digital registration stickers as evidence
of current registration. However, the issuance of annual registration stickers or digital registration stickers
to vehicles registered under the provisions of Sections 3-402.1 and 3-405.3 of
this Code may not be required if the Secretary deems the issuance unnecessary.
(b) Every registration plate or digital registration plate shall have displayed upon it the registration
number assigned to the vehicle for which it is issued, the name of this State,
which may be abbreviated, the year number for which it was issued, which may
be abbreviated, the phrase "Land of Lincoln" (except as otherwise provided in
this Code), and such other letters or numbers as the Secretary
may prescribe. However, for apportionment plates issued to vehicles registered
under Section 3-402.1 and fleet plates issued to vehicles registered under
Section 3-405.3, the phrase "Land of Lincoln" may be omitted to allow for
the word "apportioned", the word "fleet", or other similar language to be
displayed. Registration plates or digital registration plates issued to a vehicle registered as a fleet
vehicle may display a designation determined by the Secretary.
The Secretary may in his discretion prescribe
that letters be used as prefixes only on registration plates or digital registration plates issued to vehicles
of the first division which are registered under this Code and only as suffixes
on registration plates or digital registration plates issued to other vehicles. Every registration sticker or digital registration sticker
issued as evidence of current registration shall designate the year number
for which it is issued and such other letters or numbers as the Secretary may
prescribe and shall be of a contrasting color with the registration plates or digital registration plates and
registration stickers or digital registration stickers of the previous year.
(c) Each registration plate or digital registration plate and the required letters and numerals thereon,
except the year number for which issued, shall be of sufficient size to be
plainly readable from a distance of 100 feet during daylight, and shall be
coated with reflectorizing material. The dimensions of the plate issued to
vehicles of the first division shall be 6 by 12 inches.
(d) The Secretary of State shall issue for every passenger motor vehicle
rented without a driver the same type of registration plates or digital registration plates as the type of
plates issued for a private passenger vehicle.
(e) The Secretary of State shall issue for every passenger
car used as a taxicab or livery, distinctive registration plates or digital registration plates.
(f) The Secretary of State shall issue for every motorcycle
distinctive registration plates or digital registration plates distinguishing between
motorcycles having 150 or more cubic centimeters piston
displacement, or having less than 150 cubic centimeter
piston displacement.
(g) Registration plates or digital registration plates issued to vehicles for-hire may
display a designation as determined by the Secretary that
such vehicles are for-hire.
(h) (Blank).
(i) The Secretary of State shall issue for every public and private
ambulance registration plates or digital registration plates identifying the vehicle as an ambulance.
The Secretary shall forward to the Department of Healthcare and Family Services registration
information for the purpose of verification of claims filed with the
Department by ambulance owners for payment for services to public assistance
recipients.
(j) The Secretary of State shall issue for every public and private
medical carrier or rescue vehicle livery registration plates or digital registration plates displaying
numbers within ranges of numbers reserved respectively for medical carriers
and rescue vehicles. The Secretary shall forward to the Department of Healthcare and Family Services registration information for the purpose of verification of claims filed
with the Department by owners of medical carriers or rescue vehicles for
payment for services to public assistance recipients.
(k) The Secretary of State shall issue distinctive license plates or digital registration plates or distinctive license plate stickers or digital registration stickers for every vehicle exempted from subsections (a) and (a-5) of Section 12-503 by subsection (g) of that Section, and by subsection (g-5) of that Section before its deletion by this amendatory Act of the 95th General Assembly. The Secretary shall issue these plates or stickers immediately upon receiving the physician's certification required under subsection (g) of Section 12-503. New plates or stickers shall also be issued when the certification is renewed as provided in that subsection.
(l) The Secretary of State shall issue distinctive registration plates or digital registration plates for low-speed vehicles. (m) The Secretary of State shall issue distinctive registration plates or digital registration plates for autocycles. The dimensions of the plate issued to autocycles shall be 4 by 7 inches. (Source: P.A. 101-395, eff. 8-16-19.)
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(625 ILCS 5/3-413) (from Ch. 95 1/2, par. 3-413) Sec. 3-413. Display of registration plates or digital registration plates, registration stickers or digital registration stickers, and drive-away permits; registration plate or digital registration plate covers. (a) Registration plates or digital registration plates issued for a motor vehicle other than a motorcycle, autocycle, trailer, semitrailer, truck-tractor, apportioned bus, or apportioned truck shall be attached thereto, one in the frontmost and one in the rearmost. The registration plate or digital registration plate issued for a motorcycle, autocycle, trailer or semitrailer required to be registered hereunder and any apportionment plate issued to a bus under the provisions of this Code shall be attached to the rearmost thereof. The registration plate or digital registration plate issued for a truck-tractor or an apportioned truck required to be registered hereunder shall be attached to the frontmost thereof. (b) Except for vehicles with rear loaded motorized forklifts, every registration plate or digital registration plate shall at all times be securely fastened in a horizontal position to the vehicle for which it is issued so as to prevent the plate from swinging and at a height of not less than 5 inches from the ground, measuring from the bottom of such plate, in a place and position to be clearly visible and shall be maintained in a condition to be clearly legible, free from any materials that would obstruct the visibility of the plate. A registration plate or digital registration plate on a motorcycle may be mounted vertically as long as it is otherwise clearly visible. Registration stickers or digital registration stickers issued as evidence of renewed annual registration shall be attached to registration plates or displayed on digital registration plates as required by the Secretary of State, and be clearly visible at all times and displayed as prescribed in subsection (k). For those vehicles with rear loaded motorized forklifts, if the rear plate is securely fastened in a horizontal position as prescribed, the plate and registration sticker shall not be required to be clearly visible at all times as a result of the rear mounted motorized forklift obstructing the view. (c) Every drive-away permit issued pursuant to this Code shall be firmly attached to the motor vehicle in the manner prescribed by the Secretary of State. If a drive-away permit is affixed to a motor vehicle in any other manner the permit shall be void and of no effect. (d) The Illinois prorate decal issued to a foreign registered vehicle part of a fleet prorated or apportioned with Illinois, shall be displayed on a registration plate or digital registration plate and displayed on the frontmost of such vehicle in the same manner as an Illinois registration plate or digital registration plate. (e) The registration plate or digital registration plate issued for a camper body mounted on a truck displaying registration plates or digital registration plates shall be attached to the rearmost of the camper body. (f) No person shall operate a vehicle, nor permit the operation of a vehicle, upon which is displayed an Illinois registration plate or plates or digital registration plate or plates or registration stickers or digital registration stickers, except as provided for in subsection (b) of Section 3-701 of this Code, after the termination of the registration period for which issued or after the expiration date set pursuant to Sections 3-414 and 3-414.1 of this Code. (g) A person may not operate any motor vehicle that is equipped with registration plate or digital registration plate covers. A violation of this subsection (g) or a similar provision of a local ordinance is an offense against laws and ordinances regulating the movement of traffic. (h) A person may not sell or offer for sale a registration plate or digital registration plate cover. A violation of this subsection (h) is a business offense. (i) A person may not advertise for the purpose of promoting the sale of registration plate or digital registration plate covers. A violation of this subsection (i) is a business offense. (j) A person may not modify the original manufacturer's mounting location of the rear registration plate or digital registration plate on any vehicle so as to conceal the registration or to knowingly cause it to be obstructed in an effort to hinder a peace officer from obtaining the registration for the enforcement of a violation of this Code, Section 27.1 of the Toll Highway Act concerning toll evasion, or any municipal ordinance. Modifications prohibited by this subsection (j) include but are not limited to the use of an electronic device. A violation of this subsection (j) is a Class A misdemeanor. (k) Registration stickers issued as evidence of renewed registration by the Secretary shall be displayed on the upper right corner of the rear registration plate or in a manner otherwise provided by the Secretary. However, registration stickers issued to truck-tractors shall be displayed on the upper right corner of the front registration plate or in a manner otherwise provided by the Secretary. (l) No person shall affix to any registration plate, temporary registration plate, digital registration plate, registration sticker, or other evidence of registration issued by the Secretary any medallion, insignia, sticker, tape, or other object not issued or approved by the Secretary. No person shall alter, manipulate, apply, or otherwise manipulate any evidence of registration issued by the Secretary in any manner from the original condition as was received when issued by the Secretary. It is unlawful to operate any vehicle that (i) displays evidence of registration altered in any manner or displaying any medallion, insignia, sticker, tape, or other object as prescribed in this subsection or (ii) is equipped with a manual, electronic, or mechanical device that hides or obscures a registration plate. (Source: P.A. 103-706, eff. 1-1-25; 104-125, eff. 1-1-26.) |
(625 ILCS 5/3-414) (from Ch. 95 1/2, par. 3-414)
Sec. 3-414. Expiration of registration.
(a) Every vehicle registration under this Chapter and every registration
card and registration plate or digital registration plate or registration sticker or digital registration sticker issued hereunder to a
vehicle shall be for the periods specified in this Chapter and shall expire
at midnight on the day and date specified in this Section as follows:
1. When registered on a calendar year basis | ||
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1.1. Beginning January 1, 2005, registrations of | ||
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2. When registered on a 2 calendar year basis | ||
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3. When registered on a fiscal year basis commencing | ||
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4. When registered on a 2 fiscal year basis | ||
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5. When registered on a 4 fiscal year basis | ||
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(a-5) The Secretary may, in his or her discretion, require an owner of a motor vehicle of the first division or a motor vehicle of the second division weighing not more than 8,000 pounds to select the owner's birthday as the date of registration expiration under this Section. If the motor vehicle has more than one registered owner, the owners may select one registered owner's birthday as the date of registration expiration. The Secretary may adopt any rules necessary to implement this subsection. (b) Vehicle registrations of vehicles of the first division shall be
for a calendar year, 2 calendar year, 3 calendar year, or 5 calendar year basis as provided for in this
Chapter.
Vehicle registrations of vehicles under Sections 3-808 and
3-809 shall be on an indefinite term basis or a 2 calendar year basis as
provided for in this Chapter.
Vehicle registrations for vehicles of the second division shall be
for a fiscal year, 2 fiscal year or calendar year basis as provided for
in this Chapter.
Motor vehicles registered under the provisions of
Section 3-402.1 shall
be issued multi-year registration plates or digital registration plates with a new registration card
issued annually upon payment of the appropriate fees. Motor vehicles registered under the provisions of Section 3-405.3 shall be issued multi-year registration plates or digital registration plates with a new multi-year registration card issued pursuant to subsections (j), (k), and (l) of this Section upon payment of the appropriate fees. Apportionable
trailers and apportionable semitrailers registered under the provisions of
Section 3-402.1 shall be issued multi-year registration plates or digital registration plates and cards
that will be subject to revocation for failure to pay annual fees required
by Section 3-814.1. The Secretary shall determine when these vehicles
shall be issued new registration plates or digital registration plates.
(c) Every vehicle registration specified in Section 3-810 and every
registration card and registration plate or digital registration plate or registration sticker or digital registration sticker issued
thereunder shall expire on the 31st day of December of each year or at
such other date as may be selected in the discretion of the Secretary of
State.
(d) Every vehicle registration for a vehicle of the second division
weighing over 8,000 pounds,
except as provided in subsection (g) of this Section, and every
registration card and registration plate or registration sticker, or digital registration plate or digital registration sticker, where
applicable, issued hereunder to such vehicles shall be issued for a
fiscal year commencing on July 1st of each registration year. However,
the Secretary of State may, pursuant to an agreement or arrangement or
declaration providing for apportionment of a fleet of vehicles with
other jurisdictions, provide for registration of such vehicles under
apportionment or for all of the vehicles registered in Illinois by an
applicant who registers some of his vehicles under apportionment on a
calendar year basis instead, and the fees or taxes to be paid on a
calendar year basis shall be identical to those specified in this Code
for a fiscal year registration. Provision for installment payment may
also be made.
(e) Semitrailer registrations under apportionment may be on a
calendar year under a reciprocal agreement or arrangement and all other
semitrailer registrations shall be on fiscal year or 2 fiscal year or 4
fiscal year basis as provided for in this Chapter.
(f) The Secretary of State may convert annual registration plates or digital registration plates or
2-year registration plates or digital registration plates, whether registered on a calendar year or fiscal
year basis, to multi-year plates. The determination of which plate categories
and when to convert to multi-year plates is solely within the discretion of the
Secretary of State.
(g) After January 1, 1975, each registration, registration card and
registration plate or digital registration plate or registration sticker or digital registration sticker, where applicable, issued for
a recreational vehicle or recreational or camping trailer, except a
house trailer, used exclusively by the owner for recreational purposes,
and not used commercially nor as a truck or bus, nor for hire, shall be
on a calendar year basis; except that the Secretary of State shall
provide for registration and the issuance of registration cards and
plates or registration stickers, or digital registration plates or stickers, where applicable, for one 6-month
period in order to accomplish an orderly transition from a fiscal year
to a calendar year basis. Fees and taxes due under this Code for a
registration year shall be appropriately reduced for such 6-month
transitional registration period.
(h) The Secretary of State may, in order to accomplish an orderly
transition for vehicles registered under Section 3-402.1 of this Code from
a calendar year registration to a March 31st expiration, require applicants
to pay fees and taxes due under this Code on a 15 month registration basis.
However, if in the discretion of the Secretary of State this creates an
undue hardship on any applicant the Secretary may allow the applicant to
pay 3 month fees and taxes at the time of registration and the additional
12 month fees and taxes to be payable no later than March 31, 1992.
(i) The Secretary of State may stagger registrations, or change the annual expiration date, as necessary
for the convenience of the public and the efficiency of his Office. In
order to appropriately and effectively accomplish any such staggering, the
Secretary of State is authorized to prorate all required registration fees, rounded to the nearest dollar,
but in no event for a period longer than 18 months, at a monthly rate for
a 12-month registration fee.
(j) The Secretary of State may enter into an agreement with a rental owner, as defined in Section 3-400 of this Code, who registers a fleet of motor vehicles of the first division pursuant to Section 3-405.3 of this Code to provide for the registration of the rental owner's vehicles on a 2 or 3 calendar year basis and the issuance of multi-year registration plates or digital registration plates with a new registration card
issued up to every 3 years. (k) The Secretary of State may provide multi-year registration cards for any registered fleet of motor vehicles of the first or second division that are registered pursuant to Section 3-405.3 of this Code. Each motor vehicle of the registered fleet must carry a unique multi-year registration card that displays the vehicle identification number of the registered motor vehicle. The Secretary of State shall promulgate rules in order to implement multi-year registrations. (l) Beginning with the 2018 registration year, the Secretary of State may enter into an agreement with a rental owner, as defined in Section 3-400 of this Code, who registers a fleet of motor vehicles of the first division under Section 3-405.3 of this Code to provide for the registration of the rental owner's vehicle on a 5 calendar year basis. Motor vehicles registered on a 5 calendar year basis shall be issued a distinct registration plate or digital registration plate that expires on a 5-year cycle. The Secretary may prorate the registration of these registration plates or digital registration plates to the length of time remaining in the 5-year cycle. The Secretary may adopt any rules necessary to implement this subsection. (Source: P.A. 100-201, eff. 8-18-17; 100-863, eff. 8-14-18; 100-956, eff. 1-1-19; 101-395, eff. 8-16-19.)
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(625 ILCS 5/3-414.1) (from Ch. 95 1/2, par. 3-414.1)
Sec. 3-414.1. Term of multi-year registration plates.
(a) Registration
plates issued for motor vehicles shall be valid for
an indefinite term of not
less than one year. Registration plates issued as two-year or five-year
plates may be issued as multi-year plates at the discretion of the
Secretary of State. Current renewal registration stickers,
when necessary, are to be attached as provided in Section 3-413. The Secretary
may in his discretion prescribe a term greater than one year or may extend
the term of current registration plates for an additional calendar year
by appropriate public announcement made before August 1 of the current
registration
year.
(b) Registration plates issued to owners of vehicles subject to annual
registration for the first time during the term of the plates shall be valid
until the expiration of the term. Current annual registration stickers
are to be attached as provided in Section 3-413.
(Source: P.A. 99-80, eff. 1-1-16.)
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(625 ILCS 5/3-414.5) Sec. 3-414.5. Multi-year registration. (a) The Secretary of State shall permit the owner of a motor vehicle of the first division or a motor vehicle of the second division weighing not more than 8,000 pounds or a motor vehicle of the second division applying for a C class registration plate to register the motor vehicle for a period of 2 years if the owner selects to register his or her motor vehicle under this Section. (1) If the motor vehicle to be registered is | ||
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(2) An applicant for a 2-year registration | ||
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(3) The owner of a motor vehicle with a | ||
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(4) The fee for a 2-year registration shall | ||
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(b) The Secretary of State shall permit the owner of a trailer to register the trailer for a period of either one year or up to an extended 5-year registration period. (1) The registration shall be based on a | ||
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(2) An applicant for a 5-year trailer | ||
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(3) The owner of a trailer with a 5-year | ||
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(4) The fee for a 5-year registration shall | ||
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(c) The Secretary of State may adopt rules to implement this Section.
(Source: P.A. 100-986, eff. 1-1-21.) |
(625 ILCS 5/3-415) (from Ch. 95 1/2, par. 3-415)
Sec. 3-415. Application for and renewal of registration. (a) Calendar
year. Application for renewal of a vehicle registration shall be made by
the owner, as to those vehicles required to be registered on a calendar
registration year, not later than December 1 of each year, upon proper
application
and by payment of the registration fee and tax for such vehicle, as provided
by law except that application for renewal of a vehicle registration, as
to those vehicles required to be registered on a staggered calendar year
basis, shall be made by the owner in the form and manner prescribed by the
Secretary of State.
(b) Fiscal year. Application for renewal of a vehicle
registration shall be made by the owner, as to those vehicles
required to be registered on a fiscal registration year, not
later than June 1 of each year, upon proper application and by
payment of the registration fee and tax for such vehicle as
provided by law, except that application for renewal of a vehicle registration,
as to those vehicles required to be registered on a staggered fiscal year
basis, shall be made by the owner in the form and manner prescribed by the
Secretary of State.
(c) Two calendar years. Application for renewal of a vehicle
registration shall be made by the owner, as to those vehicles
required to be registered for 2 calendar years, not later than
December 1 of the year preceding commencement of the 2-year
registration period, except that application for renewal of a vehicle
registration, as to those vehicles required to be registered for 2 years
on a staggered registration basis, shall be made by the owner in the form
and manner prescribed by the Secretary of State.
(d) Two fiscal years. Application for renewal of a vehicle
registration shall be made by the owner, as to those vehicles
required to be registered for 2 fiscal years, not later than
June 1 immediately preceding commencement of the 2-year
registration period, except that application for renewal of a vehicle
registration, as to those vehicles required to be registered for 2 fiscal
years on a staggered registration basis, shall be made by the owner in the
form and manner prescribed by the Secretary of State.
(d-5) Three calendar years. Application for renewal of a vehicle
registration shall be made by the owner, as to those vehicles
required to be registered for 3 calendar years, not later than
December 1 of the year preceding commencement of the 3-year
registration period. (d-10) Five calendar years. Application for renewal of a vehicle registration shall be made by the owner, as to those vehicles required to be registered for 5 calendar years, not later than December 1 of the year preceding commencement of the 5-year registration period. (e) Time of application. The Secretary of State may receive
applications for renewal of registration and grant the same
and issue new registration cards and plates or registration
stickers at any time prior to expiration of registration.
No person shall display upon a vehicle, the new registration
plates or registration stickers prior to the dates the Secretary of State
in his discretion
may select.
(f) Verification. The Secretary of State may further
require, as to vehicles for-hire, that applications be
accompanied by verification that fees due under the Illinois
Motor Carrier of Property Law, as amended, have been paid.
(g) (Blank). (h) Returning combat mission veterans. Beginning in registration year 2017, the application for renewal, and subsequent fees, of a vehicle registration for a member of the active-duty or reserve component of the United States Armed Forces returning from a combat mission shall not be required for that service member's next scheduled renewal. Proof of combat mission service shall come from the service member's hostile fire pay or imminent danger pay documentation received any time in the 12 months preceding the registration renewal. Nothing in this subsection is applicable to the additional fees incurred by specialty, personalized, or vanity license plates. (Source: P.A. 98-539, eff. 1-1-14; 98-787, eff. 7-25-14; 99-32, eff. 7-10-15; 99-80, eff. 1-1-16; 99-642, eff. 7-28-16.)
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(625 ILCS 5/3-416) (from Ch. 95 1/2, par. 3-416)
Sec. 3-416. Notice of change of address or name.
(a) Whenever any person after making application for or obtaining the
registration of a vehicle shall move from the address named in the
application or shown upon a registration card such
person shall within 10 days thereafter notify the Secretary of State of his or her old and new address.
(a-5) A police officer, a deputy sheriff, an elected sheriff, a law
enforcement officer for the Illinois State Police, or a fire investigator
who, in
accordance with Section 3-405, has furnished the address of the office of the
headquarters of the governmental entity or police district where he or she
works instead of his or
her domicile address shall, within 10 days after he or she is no longer
employed by that governmental entity or police district as a police officer, a
deputy sheriff, an elected sheriff, a law enforcement officer for the
Illinois State Police or a fire investigator, notify the Secretary of
State of the old address and his or
her new address. If, in accordance with Section 3-405, the spouse and children
of a police
officer, deputy sheriff, elected sheriff, law enforcement officer for the
Illinois State Police, or fire investigator have furnished the address of
the office of the headquarters of the governmental entity or police district
where the police officer, deputy sheriff, elected sheriff, law enforcement
officer for the Illinois State Police, or fire investigator works instead
of their domicile address, the spouse and children shall notify the Secretary
of State of their old address and new address within 10 days after the police
officer, deputy sheriff, elected sheriff, law enforcement officer for the
Illinois State Police, or fire investigator is no longer employed by that
governmental entity or police district as a police officer, deputy sheriff,
elected sheriff, law enforcement officer for the Illinois State Police, or
fire investigator.
(b) Whenever the name of any person who has made application for or
obtained the registration of a vehicle is thereafter changed by marriage or
otherwise such person shall within 10 days notify the Secretary of State of
such former and new name.
(c) In either event, any such person may obtain a corrected registration
card or certificate of title upon application and payment of the statutory
fee.
(Source: P.A. 102-538, eff. 8-20-21.)
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(625 ILCS 5/3-417) (from Ch. 95 1/2, par. 3-417)
Sec. 3-417. Lost or damaged or stolen cards, plates and registration
stickers. (a) In the event any registration card, plate or digital plate, registration
sticker or digital registration sticker, or other Illinois evidence of proper registration is lost,
mutilated or becomes illegible, the owner or legal representative or
successor in interest of the owner of the vehicle for which the same was
issued as shown by the records of the Secretary of State shall
immediately make application for and may obtain a duplicate under a new
registration card, plate or digital plate, registration sticker or digital registration sticker, or other Illinois
evidence of proper registration.
(b) In the event any registration card, plate or digital plate, registration sticker or digital registration sticker,
or other Illinois evidence of proper registration is stolen from the
owner, the owner or legal representative or successor in interest of the
owner of the vehicle shall promptly notify the
Secretary of State, and in order to comply with Section 3-413 of this Act
the owner shall make application for and obtain a
duplicate registration card, plate or digital plate, registration sticker or digital registration sticker, or other
Illinois evidence of proper registration.
(c) The Secretary of State may, if advisable, issue a
substitute or new registration number in lieu of issuing a duplicate.
(d) An applicant for a duplicate shall furnish information
satisfactory to and prescribed by the Secretary of State, and he or she shall
forward with the application, the fees prescribed by law.
(Source: P.A. 101-395, eff. 8-16-19.)
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(625 ILCS 5/3-418) (from Ch. 95 1/2, par. 3-418)
Sec. 3-418.
Registration under new identifying number.
When the Secretary of State issues a new identifying number, such motor
vehicle shall be registered under such identifying number in lieu of the
former identifying number.
(Source: P.A. 76-1586.)
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(625 ILCS 5/3-419) (from Ch. 95 1/2, par. 3-419)
Sec. 3-419.
Regulations governing change of motors.
The Secretary of State is authorized to adopt and enforce such
registration rules and regulations as may be deemed necessary and
compatible with the public interest with respect to the change or
substitution of one engine in place of another in any motor vehicle.
Where a substitution or change changes the classification of a motor
vehicle for registration purposes resulting in requiring the payment of a
greater fee or tax, the owner shall be required to reclassify the
registration and pay the higher or greater fee or tax due.
(Source: P.A. 77-364.)
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(625 ILCS 5/3-421) (from Ch. 95 1/2, par. 3-421)
Sec. 3-421. Right of reassignment. (a) Every natural person
shall have the right of reassignment of the license number issued
to him during the current registration plate or digital registration plate term, for the
ensuing registration plate or digital registration plate term, provided his or her application
for reassignment is received in the Office of the Secretary of
State on or before September 30 of the final year of the
registration plate or digital registration plate term as to a vehicle registered on a calendar
year, and on or before March 31 as to a vehicle registered on
a fiscal year. The right of reassignment shall apply to every natural person
under the staggered registration system provided the application for reassignment
is received in the Office of the Secretary of State by the 1st day of the
month immediately preceding the applicant's month of expiration.
In addition, every natural person shall have the right of
reassignment of the license number issued to him for a two-year
registration, for the ensuing two-year period. Where the
two-year period is for two calendar years, the application
for reassignment must be received by the Secretary
of State on or before September 30th of the year preceding
commencement of the two-year period. Where the two-year
period is for two fiscal years commencing on July 1, the
application for reassignment must be received by the Secretary
of State on or before April 30th immediately preceding
commencement of the two-year period.
(b) Notwithstanding the above provision, the Secretary of
State shall, subject to the existing right of reassignment,
have the authority to designate new specific combinations of
numerical, alpha-numerical, and numerical-alpha licenses for
vehicles registered on a calendar year or on a fiscal year,
whether the license be issued for one or more years. The new
combinations so specified shall not be subject to the right
of reassignment, and no right of reassignment thereto may at
any future time be acquired.
(c) If a person has a registration plate in his or her name and seeks to reassign the registration plate to his or her spouse, the Secretary shall waive any transfer fee or vanity or personalized registration plate fee upon both spouses signing a form authorizing the reassignment of registration. (c-1) If a person who has a registration plate in his or her name seeks to reassign the registration plate to his or her child, the Secretary shall waive any transfer fee or vanity or personalized registration plate fee.(Source: P.A. 101-395, eff. 8-16-19; 101-611, eff. 6-1-20; 102-558, eff. 8-20-21.) |
(625 ILCS 5/3-422) Sec. 3-422. Issuance of confidential license plates and registrations. (a) Requirements for use of confidential vehicle license plates and registrations. Confidential vehicle license plates and registrations may be issued to local, state, and federal government agencies for bona fide law enforcement purposes. The plates and registrations may be issued in fictitious names and addresses, and may be used only in confidential, investigative, or undercover law enforcement operations. (b) Application procedures for confidential plates and registrations: (1) Applications by local, state, and federal | ||
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(2) The application form must include information, | ||
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(3) The application form must be signed and verified | ||
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(4) Registration information maintained by the | ||
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(c) Revocation and cancellation procedures for confidential license plates and registrations: (1) The Secretary of State Police Department may | ||
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(2) A government agency must request cancellation of | ||
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(3) All revoked confidential license plates and | ||
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(d) All fees collected for the issuance of confidential license plates and registrations must be deposited in the Secretary of State Police Services Fund.
(Source: P.A. 96-549, eff. 8-17-09.) |
(625 ILCS 5/Ch. 3 Art. V heading) ARTICLE V.
TRANSFER OF REGISTRATION
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(625 ILCS 5/3-501) (from Ch. 95 1/2, par. 3-501)
Sec. 3-501.
Registration expires on transfer by owner.
Whenever the owner of a registered vehicle transfers or assigns his
title, or interest thereto, the registration of such vehicle shall expire
and the owner shall not be entitled to any refund of the registration fee.
The owner shall remove the registration plates and registration stickers,
if any, therefrom and forward the
same to the Secretary of State or may have such plates
and registration stickers, if any, and the registration
number thereon assigned to another vehicle upon payment of the fees
required by law and subject to the rules and regulations of the Secretary
of State.
(Source: P.A. 80-230; 80-1185.)
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(625 ILCS 5/3-501.1) (from Ch. 95 1/2, par. 3-501.1)
Sec. 3-501.1. Transfer or return of vanity or personalized license
plates. When any person who has been issued vanity or personalized license
plates or digital license plates sells, trades, or otherwise releases the ownership of the vehicle
upon which the vanity or personalized license plates or digital license plates have been displayed,
he or she shall immediately report the transfer of such plates or digital plates to an acquired
motor vehicle pursuant to Section 3-501 and pay the transfer fee
or
shall, upon the request of the Secretary, immediately return such plates
to the Secretary of State. The right to
reassignment of the registration plate or digital registration plate number shall apply as provided in
Section 3-421 of this Code.
(Source: P.A. 101-395, eff. 8-16-19.)
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(625 ILCS 5/3-502) (from Ch. 95 1/2, par. 3-502)
Sec. 3-502.
New owner must secure new registration.
The transferee before operating or permitting the operation of such
vehicle upon a highway shall apply for and obtain the registration thereof,
as upon an original registration, except as otherwise permitted in Sections
3-401, 3-503 and 3-504.
(Source: P.A. 76-1586.)
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(625 ILCS 5/3-503) (from Ch. 95 1/2, par. 3-503)
Sec. 3-503.
Transfers to dealers.
When the transferee of a vehicle is a dealer who holds the same for
resale and lawfully operates the same under dealers' number plates or when
the transferee does not drive such vehicle or permit it to be driven upon
the highways, such transferee shall not be required to obtain a new
registration of said vehicle.
(Source: P.A. 76-1586.)
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(625 ILCS 5/3-504) (from Ch. 95 1/2, par. 3-504)
Sec. 3-504.
Transfer by operation of law.
Except in case of joint tenancy with the right of survivorship or
surviving spouse or transfer pursuant to an order of the Illinois Commerce
Commission or Interstate Commerce Commission, whenever the title or
interest of an owner in or to a registered vehicle shall pass to another
otherwise than by voluntary transfer, except a transfer pursuant to an
order of the Illinois Commerce Commission or Interstate Commerce
Commission, the registration thereof shall expire and the vehicle shall not
be operated upon the highways unless and until the person entitled to
possession of such vehicle shall apply for and obtain the registration
thereof.
(Source: P.A. 76-1586.)
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(625 ILCS 5/3-505) (from Ch. 95 1/2, par. 3-505)
Sec. 3-505.
Transfer of Reciprocity Permit or Prorate Decals.
Whenever the owner of a vehicle properly registered in another State
transfers his interest thereto, Illinois evidence of proper registration
in such other State, that is an Illinois Reciprocity Permit
or a Prorate
Decal, shall expire and the owner shall remove the same from such
vehicle and forward the same to the Secretary of State.
The owner may, however, instead have such Illinois evidence of proper
registration in another State assigned to another vehicle also properly
registered in another State, upon payment of the fees required by law
and subject to the rules and regulations of the Secretary.
(Source: P.A. 81-886.)
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(625 ILCS 5/3-506) Sec. 3-506. Transfer of plates to spouses of military service members. Upon the death of a military service member who has been issued a special plate under Section 3-609.1, 3-620, 3-621, 3-622, 3-623, 3-624, 3-625, 3-626, 3-628, 3-638, 3-642, 3-645, 3-647, 3-650, 3-651, 3-666, 3-667, 3-668, 3-669, 3-676, 3-677, 3-680, 3-681, 3-683, 3-686, 3-688, 3-693, 3-698, 3-699.12, 3-699.15, 3-699.16, 3-699.17, 3-699.19, 3-699.20, or 3-699.25 of this Code, the surviving spouse of that service member may retain the plate so long as that spouse is a resident of Illinois and transfers the registration to his or her name within 180 days of the death of the service member. For the purposes of this Section, "service member" means any individual who is serving or has served in any branch of the United States Armed Forces, including the National Guard or other reserve components of the Armed Forces, and has been issued a special plate listed in this Section.(Source: P.A. 103-660, eff. 1-1-25; 104-417, eff. 8-15-25.) |
(625 ILCS 5/Ch. 3 Art. VI heading) ARTICLE VI. SPECIAL PLATES AND SPECIAL LICENSE PLATE STICKERS
(Source: P.A. 94-564, eff. 8-12-05.) |
(625 ILCS 5/3-600) (from Ch. 95 1/2, par. 3-600)
Sec. 3-600. Requirements for issuance of special plates.
(a) The Secretary of State shall issue only special plates that have been authorized by the General Assembly. Except as provided in subsection (a-5), the Secretary of State shall not issue a series of special plates, or Universal special plates associated with an organization authorized to issue decals for Universal special plates,
unless applications, as prescribed by the Secretary, have been received for 2,000
plates of that series. Where a special plate is authorized by law to raise funds for a specific civic group, charitable entity, or other identified organization, or when the civic group, charitable entity, or organization is authorized to issue decals for Universal special license plates, and where the Secretary of State has not received the required number of applications to issue that special plate within 2 years of the effective date of the Public Act authorizing the special plate or decal, the Secretary of State's authority to issue the special plate or a Universal special plate associated with that decal is nullified. All applications for special plates shall be on a form designated by the Secretary and shall be accompanied by any civic group's, charitable entity's, or other identified fundraising organization's portion of the additional fee associated with that plate or decal. All fees collected under this Section are non-refundable and shall be deposited in the special fund as designated in the enabling legislation, regardless of whether the plate or decal is produced. Upon the adoption of this amendatory Act of the 99th General Assembly, no further special license plates shall be authorized by the General Assembly unless that special license plate is authorized under subsection (a-5) of this Section.
(a-5) If the General Assembly authorizes the issuance of a special plate that recognizes the applicant's military service or receipt of a military medal or award, the Secretary may immediately begin issuing that special plate. (b) The Secretary of State, upon issuing a new series of special license
plates, shall notify all law enforcement officials of the design, color and
other special features of the special license plate series.
(c) This Section shall not apply to the
Secretary of State's discretion as established in Section 3-611.
(d) If a law authorizing a special license plate provides that the sponsoring organization is to designate a charitable entity as the recipient of the funds from the sale of that license plate, the designated charitable entity must be in compliance with the registration and reporting requirements of the Charitable Trust Act and the Solicitation for Charity Act. In addition, the charitable entity must annually provide the Secretary of State's office a letter of compliance issued by the Illinois Attorney General's office verifying the entity is in compliance with the Acts. In the case of a law in effect before the effective date of this amendatory Act of the 97th General Assembly, the name of the charitable entity which is to receive the funds shall be provided to the Secretary of State within one year after the effective date of this amendatory Act of the 97th General Assembly. In the case of a law that takes effect on or after the effective date of this amendatory Act of the 97th General Assembly, the name of the charitable entity which is to receive the funds shall be provided to the Secretary of State within one year after the law takes effect. If the organization fails to designate an appropriate charitable entity within the one-year period, or if the designated charitable entity fails to annually provide the Secretary of State a letter of compliance issued by the Illinois Attorney General's office, any funds collected from the sale of plates authorized for that organization and not previously disbursed shall be transferred to the General Revenue Fund, and the special plates shall be discontinued. (e) If fewer than 1,000 sets of any special license plate authorized by law and issued by the Secretary of State are actively registered for 2 consecutive calendar years, the Secretary of State may discontinue the issuance of that special license plate or require that special license plate to be exchanged for Universal special plates with appropriate decals. (f) Where special license plates have been discontinued pursuant to subsection (d) or (e) of this Section, or when the special license plates are required to be exchanged for Universal special plates under subsection (e) of this Section, all previously issued plates of that type shall be recalled. Owners of vehicles which were registered with recalled plates shall not be charged a reclassification or registration sticker replacement plate fee upon the issuance of new plates for those vehicles. (g) Any special plate that is authorized to be issued for motorcycles may also be issued for autocycles. (h) The Secretary may use alternating numeric and alphabetical characters when issuing a special registration plate authorized under this Chapter. (i) The Secretary of State may issue digital registration plates and stickers in accordance with this Section and Section 3-401.5.(Source: P.A. 100-956, eff. 1-1-19; 101-395, eff. 8-16-19.)
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(625 ILCS 5/3-601) (from Ch. 95 1/2, par. 3-601)
Sec. 3-601. Operation of vehicles under special plates.
(a) A manufacturer owning any unregistered vehicle of a type otherwise
required to be registered under this Act may operate or move such upon the
highways without registering each such vehicle upon condition that any such
vehicle display thereon, a special plate or plates issued to such owner as
provided in this Article.
(b) A dealer owning any unregistered vehicle of a type otherwise
required to be registered under this Act and held by him for sale or
resale, may operate or move such upon the highways without registering each
such vehicle upon condition that any such vehicle display thereon a special
plate or plates issued to such owner as provided in this Article. A dealer may use a special plate issued to the dealer to transport a vehicle sold to a customer either by towing or by driving the sold vehicle with the special plate attached to the vehicle.
(c) A transporter may operate or move any vehicle not owned by him upon
the highways by the driveaway or towaway methods solely for the purpose of
delivery upon likewise displaying thereon like plates issued to him as
provided in this Article.
(d) A boat dealer owning any boat trailer of a type otherwise required
to be registered under this Act may operate or move such upon the highways
and haul a boat customarily sold with such boat trailer, without
registering each such boat trailer upon condition that any such boat
trailer display thereon, in the manner prescribed in Section 3-413, a
special plate or plates issued to such owner as provided in this Article.
(e) Any person owning unregistered vehicles of a type required to be
registered and which are exclusively operated off the highways and upon
private property, may move such vehicles from one plant location to another
upon the highways without registering each such vehicle upon conditions
that any such vehicle display thereon a special plate or plates issued to
such persons as provided in this Article. Such vehicles must be unladen and
may not be operated upon any highways with such special plates except for
the interplant movement.
(f) Any person owning a vehicle of a type required to be registered
which when purchased is not yet equipped for work or service, may move such
vehicle from the point of original manufacture or sale to a body shop or
other place where the vehicle is to be equipped for work or service and
from such point to the owner's place of business without first registering
each such vehicle upon condition that any such vehicle display thereon a
special plate or plates issued to such person as provided in this Article.
Upon completion of such movement, any such vehicle subject to registration
must be properly registered.
(g) Special plates issued under this Article must be displayed in the
manner provided for in Section 3-413.
(h) Any such vehicle bearing such special plate or plates may be
operated without registration for any purpose, except that no such special
plate or plates shall be used on any vehicle which is rented by the
manufacturer or dealer to another person or which is used to transport
passengers or property for hire, nor, except as provided in paragraph (i)
of this Section, shall any such special plate or plates be used on a second
division vehicle which is carrying cargo or merchandise except in
demonstrating such second division vehicle for the purposes of sale, or for
the purpose of testing engine and driveline components.
(i) The provisions of this Article authorizing special plates shall not
apply to work or service vehicles owned by a manufacturer, transporter or
dealer except a truck up to 8,000 pounds gross weight owned by a dealer and
used for hauling parts incidental to the operation of the dealer's
business.
(j) The Secretary of State may limit the number of special plates issued
to any applicant.
(Source: P.A. 101-505, eff. 1-1-20.)
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(625 ILCS 5/3-602) (from Ch. 95 1/2, par. 3-602)
Sec. 3-602. Certificate and special plates for dealers, manufacturers,
and transporters.
(a) Any dealer, manufacturer, or transporter
may make application to the Secretary of State upon the appropriate form
for a certificate containing a general distinguishing number and for one or
more sets of special plates as appropriate to various types
of vehicles subject to registration hereunder. The applicant shall
submit such proof of his or her status as a bona fide dealer,
manufacturer,
or transporter as may be reasonably required by the Secretary of State.
(b) The Secretary of State, upon granting any such application, shall
issue to the applicant a certificate containing the applicant's name and
address and special plates as applied for. Both the certificates and
special plates shall display the general distinguishing number assigned
to the applicant.
(c) The Secretary of State shall issue special plates to dealers and
manufacturers in accordance with the following formula:
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For those Dealers with annual sales over 2501, special plates will be
allocated based on 10 sets of plates under each section for each additional
500 vehicles sold.
The limit on the maximum number of additional sets issued to
manufacturers at the fee set by Section 3-806 may be lifted at the
discretion of the Secretary of State.
The Secretary shall issue to a new dealer or manufacturer not more than
8 sets of special plates at each fee. If the new dealer or manufacturer
has acquired his or her business from a previous dealer or manufacturer, he
or she may
be issued a number of sets based upon the number of vehicles sold in the
previous calendar year by the previous dealer or manufacturer. If the new
dealer or manufacturer was in business for only a part of the previous calendar
year, the number of special plates to which he or she is entitled may be
extrapolated
from the number of vehicles he or she sold during that part of the year.
(c-5) The Secretary may limit the number of special plates authorized under this Section that are issued to dealers, manufacturers, or transporters based on factors including, but not limited to, sales of vehicles, revenue, or number of employees. (d) Any manufacturer of engine and driveline components may apply to the
Secretary of State for a license to operate vehicles in which such
components are installed on the public highways of the State for the
purpose of testing such components. The application shall describe the
components and the vehicles in which they are installed, and shall contain
such additional information as the Secretary shall prescribe. Upon receipt
of an application and an accompanying fee of $1000, the Secretary shall issue
to the applicant a license for the entire test period of the components
described in the application.
Every licensee shall keep a record of each vehicle operated under such
license which shall be open to inspection by the Secretary or his
authorized representative for inspection at any reasonable time during the
day or night.
The license of a manufacturer of engine and driveline components may be
denied, revoked or suspended if the Secretary finds that the manufacturer
has:
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This amendatory Act of 1983 shall be applicable to the 1984 registration
year and thereafter.
(Source: P.A. 101-505, eff. 1-1-20.)
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(625 ILCS 5/3-603) (from Ch. 95 1/2, par. 3-603)
Sec. 3-603. Application for drive-away permits.
(a) A dealer who has sold a vehicle of a type otherwise required to
be registered under this Act to a nonresident of this State who does not
have currently valid registration in his home state, may provide
for the operation of such vehicle without registration from the place of
sale to the place of destination outside of the State of Illinois, by issuing
a
drive-away permit in the manner prescribed by the Secretary of State and by
affixing the permit to
such vehicle in the manner prescribed by the Secretary of State. Any vehicle
being operated pursuant to a drive-away permit may not
be used for
any other purpose and such permits shall be effective only for a period
of 30 days from the date of sale.
(b) Any dealer may make application to the Secretary of State upon
the appropriate form for drive-away permits for motor
vehicles sold
by such dealer. Along with such application each applicant shall submit
proof of his status as a bona fide dealer and any other information as
may be required by the Secretary of State. A non-resident who has
purchased a motor vehicle from a person who is not a dealer, may
likewise apply to the Secretary of State for a drive-away permit
for display upon such vehicle while being driven from Illinois to the
State of residence of the applicant. Along with such application, the
applicant shall submit proof of his non-residence and eligibility for a
reciprocal exemption from registration in Illinois.
All drive-away permits issued under such application
shall bear
a distinguishing number and such other features as may be required by
the Secretary of State.
(Source: P.A. 96-1035, eff. 7-14-10.)
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(625 ILCS 5/3-604) (from Ch. 95 1/2, par. 3-604)
Sec. 3-604. Expiration of special plates. Every special plate issued,
except those issued for dealers, manufacturers and transporters under
Section 3-602 and persons with disabilities under Section
3-609 or 3-616, or deaf or hard of
hearing under Section 3-616 of this Code, may be issued for a 2
year period beginning January 1st of each odd-numbered year and ending
December 31st of the subsequent even-numbered year. The special plates issued
to a person with
disabilities or a person who is deaf or hard of hearing shall expire according
to the multi-year procedure as established
by Section 3-414 of this Code.
Special plates issued to members of the General Assembly under Section
3-606 shall expire at midnight on the 31st day of January in odd-numbered
years.
(Source: P.A. 95-167, eff. 1-1-08; 96-79, eff. 1-1-10.)
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(625 ILCS 5/3-605) (from Ch. 95 1/2, par. 3-605)
Sec. 3-605.
Manufacturers, engine and driveline component manufacturers,
transporters,
repossessors and dealers to maintain records. Every manufacturer, engine and
driveline component manufacturer,
repossessor, transporter or dealer shall keep a written record of the
persons to whom such drive-away permits or special
plates are
assigned, which record shall be open to inspection by any public officer or
any employee of the Secretary of State.
(Source: P.A. 92-680, eff. 7-16-02.)
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(625 ILCS 5/3-606) (from Ch. 95 1/2, par. 3-606) Sec. 3-606. Members of General Assembly. Upon receipt of a request of a member of the General Assembly, accompanied by the appropriate application and fee, the Secretary of State shall issue to the member 2 plates as described in this Section. The special plates issued under this Section shall be affixed only to passenger vehicles of the first division, motorcycles, autocycles, and motor vehicles of the second division weighing not more than 8,000 pounds. Except as otherwise provided in this Section, if the member so requests, the Secretary shall issue 2 sets of such registration plates for use on 2 different motor vehicles. A member may request that the Secretary of State issue registration plates in the name of a corporation when the corporation owns or leases the vehicle to be registered and the member is an officer or director of that corporation. Such registration plates shall be issued for a 2-year period beginning January 1 of each odd-numbered year and ending December 31 of the subsequent even-numbered year. If the application is from a member of the Senate, there shall appear on the rear plate, in addition to the designation of the State and the year for which the license was issued, the word "official" and appropriate wording or abbreviation indicating that the holder is a member of the Senate, followed by the number of the senatorial district of the member. On the front plate, there shall appear appropriate wording or abbreviation indicating that the holder is a member of the Senate. If the application is from a member of the House of Representatives, there shall appear on the rear plate, in addition to the designation of the State and the year for which the license was issued, the word "official" and appropriate wording or abbreviation indicating that the holder is a member of the House of Representatives, followed by the number assigned to the member. On the front plate, there shall appear appropriate wording or abbreviation indicating that the holder is a member of the House of Representatives. Numbers 1 through 118 shall be assigned and members with the longest length of service as members of the legislature shall be given the lower numbers. When members have an equal length of service, the lower numbers shall be given in alphabetical order based on surnames. A member of the General Assembly who has a disability as defined under Section 1-159.1 may request one set of specialized plates which display the International Symbol of Access and shall be subject to the provisions within Section 3-616. The set of specialized plates displaying the International Symbol of Access shall only be issued along with the assignment of a corresponding disability placard that must be displayed in the vehicle. The surviving spouse of the member shall not be entitled to retain this plate. (Source: P.A. 103-195, eff. 1-1-24; 103-843, eff. 1-1-25.) |
(625 ILCS 5/3-606.1) (from Ch. 95 1/2, par. 3-606.1) Sec. 3-606.1. Retired members of the General Assembly. Upon receipt of a request from a retired member of the General Assembly, accompanied by the appropriate application and fee, the Secretary of State shall issue to such retired member plates bearing appropriate wording or abbreviations indicating that the holder is a retired member of the General Assembly. The special plates issued under this Section shall be affixed only to passenger vehicles of the first division, motorcycles, autocycles, and motor vehicles of the second division weighing not more than 8,000 pounds. Such plates may be issued for a 2-year period beginning January 1st of each odd-numbered year and ending December 31st of the subsequent even-numbered year. Except as otherwise provided in this Section, upon the death of a retired member who has been issued a retired member of the General Assembly plate, that member's surviving spouse shall be entitled to retain the plate so long as the surviving spouse is a resident of Illinois and transfers the registration to his or her name within 90 days of the death of the retired member. A retired member of the General Assembly who has a disability as defined under Section 1-159.1 may request one set of specialized plates which display the International Symbol of Access and shall be subject to the provisions within Section 3-616. The set of specialized plates displaying the International Symbol of Access shall only be issued along with the assignment of a corresponding disability placard that must be displayed in the vehicle. The surviving spouse of the retired member shall not be entitled to retain this plate. "Retired member" means any individual who (a) has served as a member of the General Assembly for a minimum of 6 years, or (b) is 62 or older, has served as a member of the General Assembly for a minimum of 4 years, and retired prior to the convening of the 83rd General Assembly. The fees and procedures relating to such plates for retired members of the General Assembly shall be the same as the fees and procedures applicable to personalized plates issued under this Code.(Source: P.A. 103-195, eff. 1-1-24; 103-843, eff. 1-1-25.) |
(625 ILCS 5/3-606.5) Sec. 3-606.5. Retired executive branch constitutional officers. Upon receipt of a request from a retired executive branch constitutional officer, accompanied by the appropriate application and fee, the Secretary of State shall issue to the retired executive branch constitutional officer plates bearing appropriate wording or abbreviations indicating that the holder is a retired executive branch constitutional officer and the office held. The special plates issued under this Section shall be affixed only to passenger vehicles of the first division, motorcycles, autocycles, and motor vehicles of the second division weighing not more than 8,000 pounds. Such plates may be issued for a 2-year period beginning on January 1 of each odd-numbered year and ending on December 31 of the subsequent even-numbered year. Upon the death of a retired executive branch constitutional officer who has been issued a retired executive branch constitutional officer plate, the retired executive branch constitutional officer's surviving spouse shall be entitled to retain the plate so long as the surviving spouse is a resident of Illinois and transfers the registration to his or her name within 90 days of the death of the retired executive branch constitutional officer. For purposes of this Section, "retired executive branch constitutional officer" means any individual who has served at least one full term of office as (i) Governor; (ii) Lieutenant Governor; (iii) Attorney General; (iv) Secretary of State; (v) Comptroller; or (vi) Treasurer; and who was not removed from office pursuant to Section 14 of Article IV of the Illinois Constitution of 1970.(Source: P.A. 102-1103, eff. 12-6-22; 103-843, eff. 1-1-25.) |
(625 ILCS 5/3-607) (from Ch. 95 1/2, par. 3-607) Sec. 3-607. Amateur radio operators. Amateur radio operators may obtain the issuance of registration plates or digital registration plates for motor vehicles of the first division, motorcycles, autocycles, and second division motor vehicles under 8,000 pounds, corresponding to their call letters, provided they make application therefor, which is subject to the staggered registration system, prior to October 1st of the final year of the current registration plate or digital registration plate term and pay an additional fee of $4.(Source: P.A. 103-843, eff. 1-1-25.) |
(625 ILCS 5/3-609) (from Ch. 95 1/2, par. 3-609) Sec. 3-609. Plates for veterans with disabilities. (a) Any veteran who holds proof of a service-connected disability from the United States Department of Veterans Affairs, and who has obtained certification from a licensed physician, physician assistant, or advanced practice registered nurse that the service-connected disability qualifies the veteran for issuance of registration plates or digital registration plates or decals to a person with disabilities in accordance with Section 3-616, may, without the payment of any registration fee, make application to the Secretary of State for license plates for veterans with disabilities displaying the international symbol of access, for the registration of one motor vehicle of the first division, one motorcycle, or one motor vehicle of the second division weighing not more than 8,000 pounds. (b) Any veteran who holds proof of a service-connected disability from the United States Department of Veterans Affairs, and whose degree of disability has been declared to be 50% or more, but whose disability does not qualify the veteran for a plate or decal for persons with disabilities under Section 3-616, may, without the payment of any registration fee, make application to the Secretary for a special registration plate or digital registration plate without the international symbol of access for the registration of one motor vehicle of the first division, one motorcycle, or one motor vehicle of the second division weighing not more than 8,000 pounds. (c) Renewal of such registration must be accompanied with documentation for eligibility of registration without fee unless the applicant has a permanent qualifying disability, and such registration plates or digital registration plates may not be issued to any person not eligible therefor. The Illinois Department of Veterans Affairs may assist in providing the documentation of disability. (d) The design and color of the plates shall be within the discretion of the Secretary, except that the plates issued under subsection (b) of this Section shall not contain the international symbol of access. The Secretary may, in his or her discretion, allow the plates to be issued as vanity or personalized plates in accordance with Section 3-405.1 of this Code. Registration shall be for a multi-year period and may be issued staggered registration. (e) Any person eligible to receive license plates under this Section who has been approved for benefits under the Senior Citizens and Persons with Disabilities Property Tax Relief Act, or who has claimed and received a grant under that Act, shall pay a fee of $24 instead of the fee otherwise provided in this Code for passenger cars displaying standard multi-year registration plates or digital registration plates issued under Section 3-414.1, for motor vehicles registered at 8,000 pounds or less under Section 3-815(a), or for recreational vehicles registered at 8,000 pounds or less under Section 3-815(b), for a second set of plates under this Section. (f) With respect to the supporting documentation required to obtain a plate under this Section, the Secretary shall allow an applicant to redact information on the documentation that pertains to the nature of the applicant's health issue, unless that information is necessary to confirm that the applicant's disability is service-connected or to establish the degree of the applicant's service-connected disability. (Source: P.A. 104-234, eff. 8-15-25.) |
(625 ILCS 5/3-609.01)
Sec. 3-609.01. (Repealed).
(Source: P.A. 95-167, eff. 1-1-08. Repealed by P.A. 96-79, eff. 1-1-10.)
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(625 ILCS 5/3-609.1) (from Ch. 95 1/2, par. 3-609.1)
Sec. 3-609.1. Medal of Honor plates. Any resident of
the State of Illinois who has been awarded the Medal of Honor, or an Illinois resident who is the surviving spouse of a person who was awarded the Medal of Honor,
may make application for the registration of a motor vehicle owned solely
or in part by such recipient, to the Secretary of State without the payment
of any registration fee. Registration shall be for a multi-year period
effective from issuance. The Secretary of State shall furnish at his or her office
at no cost to such Medal of Honor recipients, plates bearing
up to 3 letters designating the recipient's initials followed by the letters M O H
signifying the Medal of Honor. The plate shall be suitable
for attachment to a motor vehicle or motorcycle registered under
this Code.
(Source: P.A. 101-262, eff. 1-1-20.)
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(625 ILCS 5/3-609.3) Sec. 3-609.3. Military series registration plates for veterans with disabilities. In lieu of receiving registration plates without the payment of a fee under Section 3-609, any veteran who holds proof of a 50% or greater service-connected disability from the United States Department of Veterans Affairs may apply for a military series registration plate in the manner prescribed by the Secretary of State. Upon the veteran showing proof of the disability, a military series registration plate may be issued to the veteran without fee for the registration of one motor vehicle of the first division or one motor vehicle of the second division weighing not more than 8,000 pounds. Any additional fee collected for the issuance and renewal of the military series registration plate, as may be specified in the provision authorizing the issuance of that special plate, shall not be included in the fee waiver authorized under this Section. (Source: P.A. 104-230, eff. 1-1-26.) |
(625 ILCS 5/3-610) (from Ch. 95 1/2, par. 3-610) Sec. 3-610. Members of Congress. Upon receiving an application for a certificate of registration for a motor vehicle from a member of the Congress of the United States from Illinois, accompanied with payments of the registration fees and taxes required under this Act, the Secretary of State instead of issuing to such member number plates as hereinabove provided, shall, if such member so requests, issue to him two number plates as described in this Section. The special plates issued under this Section shall be affixed only to passenger vehicles of the first division, motorcycles, autocycles, and motor vehicles of the second division weighing not more than 8,000 pounds. Two duplicate sets of these number plates may be issued if requested and may be used on 2 different motor vehicles. There shall appear, in addition to the designation of the State and the year for which such license was issued, if he is a member of the House of Representatives, the number of the congressional district of such member in the center of the plate followed in the next line by the words "U. S. Congressperson"; if he is the senior Senator from Illinois, the number 1 shall be in the center of the plate followed in the next line by the word "Senator"; and if he is the junior Senator, the number 2 shall be in the center of the plate followed in the next line by the word "Senator". Such plates may be issued for a 2-year period beginning January 1st of each odd-numbered year and ending December 31st of the subsequent even-numbered years.(Source: P.A. 102-15, eff. 6-17-21; 103-843, eff. 1-1-25.) |
(625 ILCS 5/3-610.1) Sec. 3-610.1. Retired members of the Illinois congressional delegation. Upon receipt of a request from a retired member of the Illinois congressional delegation, accompanied by the appropriate application and fee, the Secretary of State shall issue to the retired member special registration plates bearing appropriate wording or abbreviations indicating that the holder is a retired member of the Illinois congressional delegation. The plates may be issued for a 2-year period beginning January 1st of each odd-numbered year and ending December 31st of the subsequent even-numbered year. The special plates issued under this Section shall be affixed only to passenger vehicles of the first division, motorcycles, autocycles, and motor vehicles of the second division weighing not more than 8,000 pounds. An applicant shall be charged a $15 fee for original issuance in addition to the applicable registration fee. This additional fee shall be deposited into the Secretary of State Special License Plate Fund. For each registration renewal period, a $2 fee, in addition to the appropriate registration fee, shall be charged and shall be deposited into the Secretary of State Special License Plate Fund. A retired member of the Illinois Congressional delegation who has a disability as defined under Section 1-159.1 may request one set of specialized plates which display the International Symbol of Access and shall be subject to the provisions within Section 3-616. The set of specialized plates displaying the International Symbol of Access shall only be issued along with the assignment of a corresponding disability placard that must be displayed in the vehicle. The surviving spouse of the retired member shall not be entitled to retain this plate. "Retired member of the Illinois congressional delegation" means any individual who has served as a member of the U.S. Senate or U.S. House of Representatives representing the State of Illinois. The term does not include an individual who is serving in the U.S. Senate or U.S. House of Representatives.(Source: P.A. 103-195, eff. 1-1-24; 103-843, eff. 1-1-25; 104-435, eff. 11-21-25.) |
(625 ILCS 5/3-611) (from Ch. 95 1/2, par. 3-611)
Sec. 3-611. Special designations. The Secretary of State, in his
discretion, may make special designations of certain designs or
combinations of designs, or alphabetical letters or combination of
letters, or colors or combination of colors pertaining to registration
plates issued to vehicles owned by governmental agencies, vehicles owned
and registered by State and federal elected officials, retired Illinois Supreme
Court justices, and appointed federal cabinet officials, vehicles operated
by taxi or livery businesses, operated in connection with mileage weight
registrations, or operated by a dealer, transporter, or manufacturer as
the Secretary of State may deem necessary for the proper administration
of this Code. In the case of registration plates issued for vehicles
operated by or for persons with disabilities, as defined by Section
1-159.1, under Section 3-616 of this Code, the Secretary of State, upon
request, shall make such special designations so that automobiles bearing
such plates are easily recognizable through use of the international
accessibility symbol as automobiles driven by or for such persons.
In the case of registration plates issued for vehicles operated by a
person with a disability with a type four hearing disability, as defined pursuant to
Section 4A of the Illinois Identification Card Act, the Secretary of State,
upon request, shall make such special designations so that a motor vehicle
bearing such plate is easily recognizable by a special symbol indicating
that such vehicle is driven by a person with a hearing disability.
Registration plates issued to a person who is deaf or hard of
hearing under this Section shall
not entitle a motor vehicle bearing such plates to those parking privileges
established for persons with disabilities under this
Code. In the case of registration
plates issued for State-owned vehicles, they shall be manufactured in
compliance with Section 2 of the State Vehicle Identification Act. In the
case of plates issued for State officials, such plates may be issued for a 2-year
period beginning January 1st of each odd-numbered year and ending
December 31st of the subsequent even-numbered year.
(Source: P.A. 99-143, eff. 7-27-15; 100-863, eff. 8-14-18.)
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(625 ILCS 5/3-611.5) Sec. 3-611.5. Fire Chief license plates. (a) The Secretary, upon receipt of a request from a municipality or fire protection district that operates a fire department or a Mutual Aid Box Alarm System, accompanied by an application and the appropriate fee, may issue, to a fire chief, deputy fire chief, and assistant fire chief of each municipal fire department or fire protection district and chief of a Mutual Aid Box Alarm System, special registration plates designated as Fire Chief license plates. The special plates issued under this Section shall be affixed only to passenger vehicles of the first division, motorcycles, autocycles, or motor vehicles of the second division weighing not more than 8,000 pounds, owned by the fire department or the fire chief, deputy fire chief, assistant fire chief of the fire department, or chief of a Mutual Aid Box Alarm System. Plates issued under this Section shall expire according to the multi-year procedure established by Section 3-414.1 of this Code. (b) The design and color of the special plates shall be wholly within the discretion of the Secretary. The plates are not required to designate "Land of Lincoln" as prescribed in subsection (b) of Section 3-412 of this Code. The Secretary may prescribe rules governing the requirements and approval of the special plates. The fee for this plate for a vehicle owned by the fire chief, deputy fire chief, or assistant fire chief shall be the same as the fee prescribed for first division vehicles in Section 3-806 of this Code. Permanent license plates for fire chief, deputy fire chief, or assistant fire chief vehicles owned by a municipal fire department or fire protection district shall be issued at the fee prescribed in Section 3-808.1(b). (c) Any fire chief, deputy fire chief, assistant fire chief, or chief of a Mutual Aid Box Alarm System operating warning devices as described in paragraph 2.1 of subsection (a) of Section 12-215 or subsection (b) of Section 12-601 upon a vehicle not owned by a municipality or fire protection district shall display license plates as described in this Section. (d) With the exception of permanently issued license plates, upon the resignation, termination, or reassignment to a rank other than fire chief, deputy fire chief, or assistant fire chief, or upon resignation, termination, or reassignment from a Mutual Aid Alarm Box System, a person issued plates under this Section shall immediately surrender the license plate to the Secretary of State. The Secretary of State shall have the ability to recover license plates issued under this Section.(Source: P.A. 103-843, eff. 1-1-25; 104-81, eff. 1-1-26.) |
(625 ILCS 5/3-612) (from Ch. 95 1/2, par. 3-612)
Sec. 3-612.
Repossessor plates.
The Secretary, upon receipt of an application, made on the form
prescribed by the Secretary of State may issue to financial institutions,
to lending institutions and to persons engaged in the business of
repossessing motor vehicles for others in situations where the motor
vehicle is the security for the funds, special plates which may be used by
such financial institutions, lending institutions and repossessors solely
for the purpose of operating the motor vehicles which are repossessed by
such repossessors upon a default in the contract.
Said special plates shall, in addition to the legends provided in
Section 3-412 of this Act, contain a phrase "repossessor" and such other
letters or numbers as the Secretary of State may prescribe. If an applicant
for such plates is engaged in repossessing vehicles for other persons and
does not hold a certificate, registration or permit from the Illinois
Commerce Commission to conduct such an operation, the application shall be
denied.
(Source: P.A. 76-1586.)
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(625 ILCS 5/3-613) (from Ch. 95 1/2, par. 3-613) Sec. 3-613. Special inaugural license plate. Any resident of Illinois, being a member of the Official Presidential Inaugural Committee, may, during the period from January through February 15th of any year in which the President of the United States is being inaugurated, display a special inaugural license plate furnished by such person in lieu of the current and valid Illinois license plate issued to a motor vehicle of the first division, motorcycle, or autocycle owned by such person, provided that the official inaugural credentials or a valid certificate thereof acceptable to the Secretary of State and the valid and current Illinois license plates and registration card issued to such motor vehicle are simultaneously carried within such vehicle and available for inspection.(Source: P.A. 103-843, eff. 1-1-25.) |
(625 ILCS 5/3-614) (from Ch. 95 1/2, par. 3-614)
Sec. 3-614.
Manufacturers of engine and driveline components.
The Secretary, upon receipt of an application made on the form
prescribed by the Secretary of State, may issue to manufacturers of engine
and driveline components special plates which may be used by such
manufacturers solely for the purpose of operating motor vehicles of the
second division to test engine and driveline components installed in such
vehicles.
(Source: P.A. 85-1396.)
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(625 ILCS 5/3-615) (from Ch. 95 1/2, par. 3-615) Sec. 3-615. Honorary Consular license plate. The Secretary, upon receipt of an application made on the form prescribed by the Secretary of State, may issue Illinois Honorary Consular license plates to any person who is a non-resident and an official or employee of the Coordination Council for North American Affairs as recognized in the Taiwan Relation Act, Public Law 96-8, and serving that instrumentality and temporarily residing in this State. The special plates issued under this Section shall be affixed only to passenger vehicles of the first division, motorcycles, autocycles, and motor vehicles of the second division weighing not more than 8,000 pounds. In addition, these plates may be issued to United States nationals or permanent residents who are appointed Honorary Consular officers and confirmed by the Federal Department of State. Such registration plates may be issued for a 2-year period beginning January 1 of each odd-numbered year and ending December 31 of the subsequent even-numbered year. Applicants shall verify their status as Honorary Consular or Taiwanese representatives on forms provided by the Department of State. In the event any holder of such registration plates or card leaves this State or no longer serves as an Honorary Consular or Taiwanese official or employee, the registration plates and card issued to such persons shall terminate and the owner shall remove such plates from the vehicle so registered and return them and the registration card to the Secretary of State. Such plates may not be transferred to any other person by the holder or owner.(Source: P.A. 103-843, eff. 1-1-25.) |
(625 ILCS 5/3-616) (from Ch. 95 1/2, par. 3-616) Sec. 3-616. Disability license plates. (a) Upon receiving an application for a certificate of registration for a motor vehicle of the first division, a motorcycle, an autocycle, or for a motor vehicle of the second division weighing no more than 8,000 pounds, accompanied with payment of the registration fees required under this Code from a person with disabilities or a person who is deaf or hard of hearing, the Secretary of State, if so requested, shall issue to such person registration plates as provided for in Section 3-611, provided that the person with disabilities or person who is deaf or hard of hearing must not be disqualified from obtaining a driver's license under subsection 8 of Section 6-103 of this Code, and further provided that any person making such a request must submit a statement, certified by a licensed physician, by a licensed physician assistant, by a licensed advanced practice registered nurse, or by a licensed physical therapist, to the effect that such person is a person with disabilities as defined by Section 1-159.1 of this Code, or alternatively provide adequate documentation that such person has a Class 1A, Class 2A or Type Four disability under the provisions of Section 4A of the Illinois Identification Card Act. For purposes of this Section, an Illinois Person with a Disability Identification Card issued pursuant to the Illinois Identification Card Act indicating that the person thereon named has a disability shall be adequate documentation of such a disability. (b) The Secretary shall issue plates under this Section to a parent or legal guardian of a person with disabilities if the person with disabilities has a Class 1A or Class 2A disability as defined in Section 4A of the Illinois Identification Card Act or is a person with disabilities as defined by Section 1-159.1 of this Code, and does not possess a vehicle registered in his or her name, provided that the person with disabilities relies frequently on the parent or legal guardian for transportation. Only one vehicle per family may be registered under this subsection, unless the applicant can justify in writing the need for one additional set of plates. Any person requesting special plates under this subsection shall submit such documentation or such physician's, physician assistant's, advanced practice registered nurse's, or physical therapist's statement as is required in subsection (a) and a statement describing the circumstances qualifying for issuance of special plates under this subsection. An optometrist may certify a Class 2A Visual Disability, as defined in Section 4A of the Illinois Identification Card Act, for the purpose of qualifying a person with disabilities for special plates under this subsection. (c) The Secretary may issue a parking decal or device to a person with disabilities as defined by Section 1-159.1 without regard to qualification of such person with disabilities for a driver's license or registration of a vehicle by such person with disabilities or such person's immediate family, provided such person with disabilities making such a request has been issued an Illinois Person with a Disability Identification Card indicating that the person named thereon has a Class 1A or Class 2A disability, or alternatively, submits a statement certified by a licensed physician, or by a licensed physician assistant, a licensed advanced practice registered nurse, or a licensed physical therapist as provided in subsection (a), to the effect that such person is a person with disabilities as defined by Section 1-159.1. An optometrist may certify a Class 2A Visual Disability as defined in Section 4A of the Illinois Identification Card Act for the purpose of qualifying a person with disabilities for a parking decal or device under this subsection. (d) The Secretary shall prescribe by rules and regulations procedures to certify or re-certify as necessary the eligibility of persons whose disabilities are other than permanent for special plates or parking decals or devices issued under subsections (a), (b) and (c). Except as provided under subsection (f) of this Section, no such special plates, decals or devices shall be issued by the Secretary of State to or on behalf of any person with disabilities unless such person is certified as meeting the definition of a person with disabilities pursuant to Section 1-159.1 or meeting the requirement of a Type Four disability as provided under Section 4A of the Illinois Identification Card Act for the period of time that the physician, the physician assistant, the advanced practice registered nurse, or the physical therapist as provided in subsection (a), determines the applicant will have the disability, but not to exceed 6 months from the date of certification or recertification. (e) Any person requesting special plates under this Section may also apply to have the special plates personalized, as provided under Section 3-405.1. (f) The Secretary of State, upon application, shall issue disability registration plates or a parking decal to corporations, school districts, State or municipal agencies, limited liability companies, nursing homes, convalescent homes, or special education cooperatives which will transport persons with disabilities. The Secretary shall prescribe by rule a means to certify or re-certify the eligibility of organizations to receive disability plates or decals and to designate which of the 2 person with disabilities emblems shall be placed on qualifying vehicles. (g) The Secretary of State, or his designee, may enter into agreements with other jurisdictions, including foreign jurisdictions, on behalf of this State relating to the extension of parking privileges by such jurisdictions to residents of this State with disabilities who display a special license plate or parking device that contains the International symbol of access on his or her motor vehicle, and to recognize such plates or devices issued by such other jurisdictions. This State shall grant the same parking privileges which are granted to residents of this State with disabilities to any non-resident whose motor vehicle is licensed in another state, district, territory or foreign country if such vehicle displays the international symbol of access or a distinguishing insignia on license plates or parking device issued in accordance with the laws of the non-resident's state, district, territory or foreign country. (h) Any registration plate or parking decal or device issued under this Section to a person with a permanent disability, or the parent or guardian thereof, shall require certification of that permanent disability every 5 years by submitting to the Secretary a statement, certified by a licensed medical professional, declaring that such person is a person with a disability as provided under Section 1-159.1 of this Code. (Source: P.A. 103-843, eff. 1-1-25; 104-88, eff. 1-1-26.) |
(625 ILCS 5/3-617) (from Ch. 95 1/2, par. 3-617)
Sec. 3-617.
Driver education plates.
A High School operating passenger cars for a high school driver
training program, may operate or move the same upon the highway without
registering each such passenger car upon the condition that each such
passenger car display thereon, in the manner prescribed by Section
3-413, special plates issued to the high school under the provisions of
Section 3-808.
Such special plates may be issued only to a public high school or a
high school operated by a religious institution, and may be used only on
passenger cars used exclusively in high school driver training program
approved by the State Board of Education.
(Source: P.A. 81-1508.)
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(625 ILCS 5/3-618) (from Ch. 95 1/2, par. 3-618)
Sec. 3-618.
Charitable vehicle plates.
Charitable vehicle plates shall
be of such color and design as prescribed by the Secretary. The fee for
such plates shall be as prescribed in Section 3-808 of this Code. Such plates
may be obtained by owners of charitable vehicles.
(Source: P.A. 90-89, eff. 1-1-98.)
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(625 ILCS 5/3-619) (from Ch. 95 1/2, par. 3-619)
Sec. 3-619.
Sample Registration plates and stickers.
The Secretary
of State, upon receipt of an application made on the form prescribed by
the Secretary, may issue to any law enforcement agency in this State, or
to any authorized agency of any foreign jurisdiction, or to any motion
picture or television industry, one or more Sample
Registration Plates and stickers. The design of such plates and
stickers shall be wholly within the discretion of the Secretary, and
shall be issued without charge. The Secretary of State, upon receipt of
an application made on the form prescribed by the Secretary, may issue to
any other individual one or more Sample Registration Plates and stickers
for a fee of $4 for each Sample Registration Plate and sticker.
(Source: P.A. 91-37, eff. 7-1-99.)
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(625 ILCS 5/3-620) (from Ch. 95 1/2, par. 3-620)
Sec. 3-620. The Secretary, upon receipt of an application made on the
form prescribed by the Secretary of State, may issue special registration
plates to United States citizens, who are present or former
members of the United States armed forces or any of its allies, and
who were prisoners of war of World War I, World War II, the
Korean Conflict, and the Vietnamese conflict,
or to the widowed spouse of a former member of the United States armed
forces, providing that widowed spouse was married to the POW at the time
of death, and is a single person at the time of application. The special
plates issued pursuant to this Section shall be affixed only to passenger
vehicles of the first division subject to the
staggered registration
system, motorcycles, and vehicles of the second division having a gross
weight of 8,000
pounds or less and shall be issued
without charge. Only one set of plates may be issued at no fee.
The design and color of the prisoner of war plates shall be wholly within
the discretion of the Secretary of State. The Secretary may, in his or her discretion, allow the plates to be issued as vanity or personalized plates in accordance with Section 3-405.1 of this Code.
(Source: P.A. 95-353, eff. 1-1-08.)
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(625 ILCS 5/3-621) (from Ch. 95 1/2, par. 3-621)
Sec. 3-621. The Secretary, upon receipt of an application, made in the
form prescribed by the Secretary of State, may issue to Illinois residents who are current members, former members, or surviving spouses of former
members of the Illinois
National Guard, or the National Guard of any other State, the Commonwealth of Puerto Rico, or Washington, D.C., special registration plates. The special
plates issued
pursuant to this Section shall be affixed only to passenger vehicles of
the first division, motorcycles, or motor vehicles of the second division
weighing not
more than 8,000 pounds subject to the staggered registration system.
The design and color of such plates shall be wholly within the discretion of
the Secretary of State. The Secretary may, in his or her discretion, allow the plates to be issued as vanity or personalized plates in accordance with Section 3-405.1 of this Code.
(Source: P.A. 101-262, eff. 1-1-20.)
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(625 ILCS 5/3-622) (from Ch. 95 1/2, par. 3-622)
Sec. 3-622. The Secretary, upon receipt of an application made in the
form prescribed by the Secretary of State, may issue to
members of the
United States Armed Forces Reserves who reside in Illinois, and to Illinois
residents who are either former members of the United States Armed Forces
Reserves or the surviving spouses of United States Armed Forces Reserve
members who resided in Illinois, special
registration plates. The special plates issued pursuant to this Section
shall be affixed only to passenger vehicles of the first division, motorcycles,
or
motor vehicles of the second division weighing not more than 8,000 pounds
subject
to the staggered registration system. The design and color of such plates
shall be wholly within the discretion of the Secretary of State. The Secretary may, in his or her discretion, allow the plates to be issued as vanity or personalized plates in accordance with Section 3-405.1 of this Code.
(Source: P.A. 95-331, eff. 8-21-07; 95-353, eff. 1-1-08.)
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(625 ILCS 5/3-623) (from Ch. 95 1/2, par. 3-623)
Sec. 3-623. Purple Heart Plates. (a) The Secretary, upon receipt of an
application made in the form prescribed by the Secretary of State, may
issue to recipients awarded the Purple Heart by a branch of the armed
forces of the United States who reside in Illinois,
special
registration plates. The Secretary, upon receipt of the proper application, may also issue these special registration plates to an Illinois resident who is the surviving spouse of a person who was awarded the Purple Heart by a branch of the armed forces of the United States. The special plates issued pursuant to this Section
should be affixed only to passenger vehicles of the 1st division, including
motorcycles, or motor
vehicles of the 2nd division weighing not more than 8,000 pounds. The Secretary may, in his or her discretion, allow the plates to be issued as vanity or personalized plates in accordance with Section 3-405.1 of this Code.
The Secretary of State must make a version of the special registration plates authorized under this Section in a form appropriate for motorcycles.
(b) The design and color of such plates shall be wholly within the discretion
of the Secretary of State. Appropriate documentation, as determined by the
Secretary, and the appropriate registration fee shall
accompany the application, except: (1) a person eligible to be issued Purple Heart | ||
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(2) for an individual who has been issued Purple | ||
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(Source: P.A. 98-902, eff. 1-1-15; 99-143, eff. 7-27-15.)
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(625 ILCS 5/3-624) (from Ch. 95 1/2, par. 3-624)
Sec. 3-624. Retired Military license plates. (a) The Secretary, upon receipt of an application made in the
form prescribed by the Secretary of State, may issue to retired members of
the United States Armed Forces who reside in Illinois, special
registration plates. The special plates issued pursuant to this Section
shall be affixed only to passenger vehicles of the first
division, motorcycles, or
motor vehicles of the second division weighing not more than 8,000 pounds
and subject to the staggered registration system. The design and color of
such plates shall be wholly within the discretion of the Secretary of State. The Secretary may, in his or her discretion, allow the plates to be issued as vanity or personalized plates in accordance with Section 3-405.1 of this Code.
(b) A charitable organization deemed eligible by the Secretary of State shall design decals to be affixed on plates issued under this Section. The decals shall designate the applicant's branch of service, theater of action, or both. The Secretary may prescribe rules governing the requirements and approval of
charitable decals. (c) The charitable organization authorized to design decals under subsection (b) of this Section may establish a fee for the purchase of
charitable decals and shall report by July 31 of each year to the
Secretary of State Vehicle Services Department the sticker fee, the number of
charitable decals sold, the total revenue received from the sale of charitable
decals during the previous fiscal year, and any other information deemed
necessary by the Secretary of State.(Source: P.A. 97-940, eff. 1-1-13.)
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(625 ILCS 5/3-625) (from Ch. 95 1/2, par. 3-625)
Sec. 3-625. Pearl Harbor Plates. The Secretary, upon receipt of an
application made in the form prescribed by the Secretary of State, may
issue special registration plates to any Illinois resident who, while a
member of the armed forces of the United States, participated in the battle
of Pearl Harbor on December 7, 1941, or to the widowed spouse of any Illinois
resident who, while a member of the armed forces of the United States,
participated in the battle of Pearl Harbor on December 7, 1941, provided that
the widowed spouse was married to the battle of Pearl Harbor participant at the
time of the participant's death and is a single person at the time of
application. The special plates issued pursuant to
this Section should be affixed only to passenger vehicles of the 1st
division, motorcycles, or motor vehicles of the 2nd division weighing not more
than
8,000 pounds. The Secretary may, in his or her discretion, allow the plates to be issued as vanity or personalized plates in accordance with Section 3-405.1 of this Code.
The design and color of such plates shall be wholly within the
discretion of the Secretary of State. Appropriate documentation, as
determined by the Secretary, and the appropriate registration
fee shall accompany the application.
(Source: P.A. 95-331, eff. 8-21-07; 95-353, eff. 1-1-08.)
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(625 ILCS 5/3-626) Sec. 3-626. Korean War Veteran license plates. (a) In addition to any other special license plate, the Secretary, upon receipt of all applicable fees and applications made in the form prescribed by the Secretary of State, may issue special registration plates designated as Korean War Veteran license plates to residents of Illinois who participated in the United States Armed Forces during the Korean War. The special plate issued under this Section shall be affixed only to passenger vehicles of the first division, motorcycles, motor vehicles of the second division weighing not more than 8,000 pounds, and recreational vehicles as defined by Section 1-169 of this Code. Plates issued under this Section shall expire according to the staggered multi-year procedure established by Section 3-414.1 of this Code. (b) The design, color, and format of the plates shall be wholly within the discretion of the Secretary of State. The Secretary may, in his or her discretion, allow the plates to be issued as vanity plates or personalized in accordance with Section 3-405.1 of this Code. The plates are not required to designate "Land Of Lincoln", as prescribed in subsection (b) of Section 3-412 of this Code. The Secretary shall prescribe the eligibility requirements and, in his or her discretion, shall approve and prescribe stickers or decals as provided under Section 3-412. (c) (Blank). (d) (Blank). (e) An individual who has been issued Korean War Veteran license plates for a vehicle and who has been approved for benefits under the Senior Citizens and Persons with Disabilities Property Tax Relief Act shall pay the original issuance and the regular annual fee for the registration of the vehicle as provided in Section 3-806.3 of this Code.(Source: P.A. 103-8, eff. 6-7-23; 103-616, eff. 7-1-24.) |
(625 ILCS 5/3-627) Sec. 3-627. Environmental license plate. (a) The Secretary, upon receipt of an application made in the form prescribed by the Secretary of State, may issue special registration plates designated to be environmental license plates. The special plates issued under this Section shall be affixed only to passenger vehicles of the first division, motorcycles, autocycles, motor vehicles of the second division weighing not more than 8,000 pounds, and, as of January 1, 1996, recreational vehicles as defined by Section 1-169 of this Code. Plates issued under this Section shall expire according to the multi-year procedure established by Section 3-414.1 of this Code. (b) The design and color of the plates shall be wholly within the discretion of the Secretary of State. Appropriate documentation, as determined by the Secretary, shall accompany the application. As of January 1, 1996, the Secretary may, in his or her discretion, allow the plates to be issued as vanity or personalized plates in accordance with Section 3-405.1 of this Code. (c) An applicant shall be charged a $40 fee for original issuance in addition to the appropriate registration fee, if applicable. Of this fee, $25 shall be deposited into the State Parks Fund and $15 shall be deposited into the Secretary of State Special License Plate Fund, to be used by the Secretary of State to help defray the administrative processing costs. For each registration renewal period, a $27 fee, in addition to the appropriate registration fee, shall be charged. Of this fee, $25 shall be deposited into the State Parks Fund and $2 shall be deposited into the Secretary of State Special License Plate Fund.(Source: P.A. 103-843, eff. 1-1-25.) |
(625 ILCS 5/3-628)
Sec. 3-628. Bronze Star plates.
(a) Beginning January 1, 1996, in addition to any other special license
plate, the Secretary, upon receipt of all applicable fees and applications made
in the form prescribed by the Secretary of State, may issue special
registration plates to residents of Illinois who have been awarded the Bronze
Star by the United States Armed Forces. The Secretary, upon receipt of the proper applications and fees, may also issue these special registration plates to an Illinois resident who is the surviving spouse of a person who was awarded the Bronze Star by a branch of the armed forces of the United States. The special plate issued under this
Section shall be affixed only to passenger vehicles of the first
division, motorcycles, or
motor vehicles of the second division weighing not more than 8,000 pounds.
Plates issued under this Section shall expire according to the staggered
multi-year procedure established by Section 3-414.1 of this Code.
(b) The design, color, and format of the plates shall be wholly
within the discretion of the Secretary of State. The Secretary may, in his or
her discretion, allow the plates to be issued as vanity plates or personalized
in accordance with Section 3-405.1 of this Code. The plates are not required
to designate "Land Of Lincoln", as prescribed in subsection (b) of Section
3-412 of this Code. The Secretary shall prescribe the eligibility requirements
and, in his or her discretion, shall approve and prescribe stickers or decals
as provided under Section 3-412.
(c) (Blank).
(Source: P.A. 93-140, eff. 1-1-04; 93-937, eff. 1-1-05; 94-343, eff. 1-1-06.)
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(625 ILCS 5/3-629) Sec. 3-629. Collegiate license plates; scholarship fund. (a) In addition to any other special license plate, the Secretary, upon receipt of all applicable fees and applications made in the form prescribed by the Secretary of State, may issue collegiate license plates. The collegiate plates issued under this Section shall be affixed only to passenger vehicles of the first division, motorcycles, autocycles, and motor vehicles of the second division weighing not more than 8,000 pounds and subject to the staggered registration system. Plates issued under this Section shall expire according to the staggered multi-year procedure established under Section 3-414.1 of this Code. (b) The design, color, and format of the plates shall be wholly within the discretion of the Secretary of State. The Secretary of State may, at his or her discretion, issue the plates for any public college or university located in this State or for any degree-granting, not-for-profit private college or university located in this State or a contiguous state. If the college or university is located in a contiguous state, there must be not less than 10,000 alumni of the college or university residing in this State. The Secretary may, in his or her discretion, allow the plates to be issued as vanity plates or personalized in accordance with Section 3-405.1 of this Code. The plates are not required to designate "Land Of Lincoln", as prescribed in subsection (b) of Section 3-412 of this Code. The Secretary shall prescribe the eligibility requirements including a minimum level of specialized license plates requests and, in his or her discretion, shall approve and prescribe stickers or decals as provided under Section 3-412. (c) An applicant shall be charged a $40 fee for original issuance in addition to the applicable registration fee. Of the original issuance fee in the case of a public university or college, $25 shall be deposited into the State College and University Trust Fund and $15 shall be deposited into the Secretary of State Special License Plate Fund to be used by the Secretary of State, subject to appropriation, to help defray the administrative costs of issuing the plate. Of the original issuance fee in the case of a degree-granting, not-for-profit private college or university, $25 shall be deposited into the University Grant Fund and $15 shall be deposited into the Secretary of State Special License Plate Fund to be used by the Secretary of State, subject to appropriation, to help defray the administrative cost of issuing the plate. In addition to the regular renewal fee, an applicant shall be charged $27 for the renewal of each set of license plates issued under this Section; $25 shall be deposited into the State College and University Trust Fund in the case of a public university or college or into the University Grant Fund in the case of a degree-granting, not-for-profit private college or university, and $2 shall be deposited into the Secretary of State Special License Plate Fund plates for all collegiate plates. (d) The State College and University Trust Fund is created as a special fund in the State treasury. The State Treasurer shall create separate accounts within the State College and University Trust Fund for each public university or college for which collegiate license plates have been issued. Moneys in the State College and University Trust Fund shall be allocated to each account in proportion to the number of plates sold in regard to each public university or college. Moneys deposited into the State College and University Trust Fund during the preceding calendar year shall be distributed, subject to appropriation, to each participating public university or college. This revenue shall be used for the sole purpose of scholarship grant awards to Illinois residents. (e) The University Grant Fund is created as a special fund in the State treasury. The State Treasurer shall create separate accounts within the University Grant Fund for each university or college for which collegiate license plates have been issued. Moneys in the University Grant Fund shall be allocated to each account in proportion to the number of plates sold in regard to each university or college. Moneys deposited into these accounts during the preceding calendar year shall, subject to appropriation, be distributed through the Illinois Student Assistance Commission to participating private colleges and universities. This revenue shall be used for the sole purpose of scholarship grant awards to Illinois residents.(Source: P.A. 103-843, eff. 1-1-25.) |
(625 ILCS 5/3-630) Sec. 3-630. Violence prevention license plate. (a) The Secretary, upon receipt of an application made in the form prescribed by the Secretary of State, may issue special registration plates designated to be Violence Prevention plates. The special plates issued under this Section shall be affixed only to passenger vehicles of the first division, motorcycles, autocycles, or motor vehicles of the second division weighing not more than 8,000 pounds. Plates issued under this Section shall expire according to the multi-year procedure established by Section 3-414.1 of this Code. (b) The design and color of the plates shall be wholly within the discretion of the Secretary of State. Appropriate documentation, as determined by the Secretary, shall accompany the application. Beginning January 1, 1999, the Secretary may, in his or her discretion, allow the plates to be issued as vanity plates or personalized in accordance with Section 3-405.1 of this Code. (c) An applicant shall be charged a $40 dollar fee for original issuance in addition to the appropriate registration fee, if applicable. Of this fee, $25 shall be deposited into the ICJIA Violence Prevention Fund as created by this Act and $15 shall be deposited into the Secretary of State Special License Plate Fund to be used by the Secretary of State to help defray the administrative processing costs. For each registration renewal period a $27 fee, in addition to the appropriate registration fee, shall be charged. Of this fee, $25 shall be deposited into the ICJIA Violence Prevention Fund and $2 shall be deposited into the Secretary of State Special License Plate Fund.(Source: P.A. 103-843, eff. 1-1-25.) |
(625 ILCS 5/3-631) Sec. 3-631. Sportsmen Series license plate. (a) The Secretary, upon receipt of an application made in the form prescribed by the Secretary of State, may issue special registration plates designated to be Sportsmen Series license plates. The special plates issued under this Section shall be affixed only to passenger vehicles of the first division, motorcycles, autocycles, motor vehicles of the second division weighing not more than 8,000 pounds, and recreational vehicles as defined by Section 1-169 of this Code. Plates issued under this Section shall expire according to the multi-year procedure established by Section 3-414.1 of this Code. (b) The design and color of the plates shall be wholly within the discretion of the Secretary of State. Appropriate documentation, as determined by the Secretary, shall accompany the application. The Secretary may, in his or her discretion, allow the plates to be issued as vanity or personalized plates in accordance with Section 3-405.1 of this Code. (c) An applicant shall be charged a $40 fee for original issuance in addition to the appropriate registration fee, if applicable. Of this fee, $25 shall be deposited into the Illinois Habitat Fund and $15 shall be deposited into the Secretary of State Special License Plate Fund, to be used by the Secretary of State to help defray the administrative processing costs. For each registration renewal period, a $27 fee, in addition to the appropriate registration fee, shall be charged. Of this fee, $25 shall be deposited into the Illinois Habitat Fund and $2 shall be deposited into the Secretary of State Special License Plate Fund.(Source: P.A. 103-843, eff. 1-1-25.) |
(625 ILCS 5/3-632) Sec. 3-632. Wildlife Prairie Park license plate. (a) The Secretary, upon receipt of an application made in the form prescribed by the Secretary of State, may issue special registration plates to be designated Wildlife Prairie Park license plates. The special plates issued under this Section shall be affixed only to passenger vehicles of the first division, motorcycles, autocycles, motor vehicles of the second division weighing not more than 8,000 pounds, and recreational vehicles as defined by Section 1-169 of this Code. Plates issued under this Section shall expire according to the multi-year procedure established by Section 3-414.1 of this Code. (b) The design and color of the plates shall be wholly within the discretion of the Secretary of State. Appropriate documentation, as determined by the Secretary, shall accompany the application. The Secretary may, in his or her discretion, allow the plates to be issued as vanity or personalized plates in accordance with Section 3-405.1 of this Code. (c) An applicant shall be charged a $40 fee for original issuance in addition to the appropriate registration fee, if applicable. Of this fee, $25 shall be deposited into the Wildlife Prairie Park Fund and $15 shall be deposited into the Secretary of State Special License Plate Fund, to be used by the Secretary of State to help defray the administrative processing costs. For each registration renewal period, a $27 fee, in addition to the appropriate registration fee, shall be charged. Of this fee, $25 shall be deposited into the Wildlife Prairie Park Fund and $2 shall be deposited into the Secretary of State Special License Plate Fund.(Source: P.A. 103-843, eff. 1-1-25.) |
(625 ILCS 5/3-633)
Sec. 3-633.
(Repealed).
(Source: P.A. 90-14, eff. 7-1-97. Repealed by P.A. 99-483, eff. 7-1-16.)
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(625 ILCS 5/3-634)
Sec. 3-634. Illinois Fire Fighters' License Plate.
(a) The Secretary, upon receipt of an application made in the form
prescribed by the Secretary of State, may issue special registration plates
designated to be Illinois Fire Fighters' Memorial license plates. The special
plates issued under
this Section shall be affixed only to passenger vehicles of the first division, motorcycles having an engine over 150cc,
motor vehicles of the second
division weighing not more than 8,000 pounds, or
recreational vehicles as defined in Section 1-169 of this Code,
and subject to the
staggered registration system. Plates issued under this Section shall
expire according to the multi-year
procedure established by Section 3-414.1 of this Code.
(b) The design and color of the plates shall be wholly within the discretion
of the Secretary of State. The Secretary of State may, in his or her
discretion, allow the plates to be issued as vanity plates or personalized in
accordance with Section 3-405.1 of this Code. The plates are not required to
designate "Land of Lincoln", as prescribed in subsection (b) of Section 3-412
of this Code. The Secretary of State shall prescribe stickers or decals as
provided under Section 3-412.
(c) An applicant shall be charged a $27 fee for original issuance in
addition to the applicable registration fee. Of
this additional fee, $15 shall be deposited into the Secretary of State
Special License Plate Fund and $12 shall be
deposited into the Illinois Fire Fighters' Memorial Fund.
For each registration renewal period, a $17 fee, in addition to the
appropriate registration fee, shall be charged.
Of this fee, $2 shall be deposited into the Secretary of State Special License
Plate Fund and $15 shall be deposited into
the Illinois Fire Fighters' Memorial Fund.
(d) In addition to the purpose specified in Section 2-119(n), moneys in
the Illinois Fire Fighters' Memorial Fund shall, except as otherwise provided in subsection (e) and subject to appropriation by
the General Assembly, be used exclusively by the Office of the State Fire Marshal for the following purposes: (1) maintaining the Illinois Fire Fighters' Memorial; | ||
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(2) holding an annual memorial commemoration and | ||
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(3) providing scholarships, for graduate study, | ||
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(e) No more than 10% of the annual proceeds of the Illinois Fire Fighters' Memorial Fund may, subject to appropriation by the General Assembly, be used by the Office of the State Fire Marshal for exhibits for and the maintenance of the Illinois Fire Fighter Museum, except that the 10% limit may be exceeded to pay for emergency repairs related to the structural stability of the Illinois Fire Fighter Museum. Prior to exceeding the 10% limit, the Office of the State Fire Marshal shall obtain the approval of a majority of the members of the Illinois Fire Fighters Memorial Foundation.
(Source: P.A. 99-812, eff. 1-1-17; 100-480, eff. 9-8-17.)
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(625 ILCS 5/3-635) Sec. 3-635. Master Mason plates. (a) The Secretary, upon receipt of all applicable fees and applications made in the form prescribed by the Secretary, may issue special registration plates designated as Master Mason license plates. The special plates issued under this Section shall be affixed only to passenger vehicles of the first division, motorcycles, autocycles, or motor vehicles of the second division weighing not more than 8,000 pounds. Plates issued under this Section shall expire according to the multi-year procedure established by Section 3-414.1 of this Code. (b) The design and color of the special plates shall be wholly within the discretion of the Secretary. Appropriate documentation, as determined by the Secretary, shall accompany each application. (c) An applicant for the special plate shall be charged a $25 fee for original issuance in addition to the appropriate registration fee. Of this fee, $10 shall be deposited into the Master Mason Fund and $15 shall be deposited into the Secretary of State Special License Plate Fund, to be used by the Secretary to help defray the administrative processing costs. For each registration renewal period, a $25 fee, in addition to the appropriate registration fee, shall be charged. Of this fee, $23 shall be deposited into the Master Mason Fund and $2 shall be deposited into the Secretary of State Special License Plate Fund. (d) The Master Mason Fund is created as a special fund in the State treasury. All money in the Master Mason Fund shall be paid, subject to appropriation by the General Assembly and distribution by the Secretary, as grants to Illinois Masonic Charities Fund, a not-for-profit corporation, for charitable purposes.(Source: P.A. 103-843, eff. 1-1-25.) |
(625 ILCS 5/3-636) Sec. 3-636. (Repealed).(Source: P.A. 103-843, eff. 1-1-25. Repealed by P.A. 104-435, eff. 11-21-25.) |
(625 ILCS 5/3-637) Sec. 3-637. (Repealed).(Source: P.A. 103-843, eff. 1-1-25. Repealed by P.A. 104-435, eff. 11-21-25.) |
(625 ILCS 5/3-638)
Sec. 3-638. U.S. Veteran License Plates. (a) In addition to any other special license plate, the Secretary, upon
receipt of all applicable fees and applications made in the form prescribed by
the Secretary of State, may issue U.S. Veteran license plates to residents of
Illinois who meet eligibility requirements prescribed by the Secretary of
State. The special U.S. Veteran plate issued under this Section shall be
affixed only to passenger vehicles of the first division, motorcycles, and
motor vehicles of the second division weighing not more than 8,000 pounds.
Plates issued under this Section shall expire according to the staggered
multi-year procedure established by Section 3-414.1 of this Code.
(b) The design, color, and format of the plates shall be wholly
within the discretion of the Secretary of State. The Secretary may, in his or
her discretion, allow the plates to be issued as vanity plates or personalized
in accordance with Section 3-405.1 of this Code. The plates are not required
to designate "Land Of Lincoln", as prescribed in subsection (b) of Section
3-412 of this Code. The Secretary shall prescribe the eligibility requirements
and, in his or her discretion, shall approve and prescribe stickers or decals
as provided under Section 3-412.
(c) (Blank).
(d) A charitable organization deemed eligible by the Secretary of State shall design decals to be affixed on plates issued under this Section. The decals shall designate the applicant's branch of service, theater of action, or both. The Secretary may prescribe rules governing the requirements and approval of charitable decals. (e) The charitable organization authorized to design decals under subsection (d) of this Section may establish a fee for the purchase of charitable decals and shall report by July 31 of each year to the Secretary of State Vehicle Services Department the sticker fee, the number of charitable decals sold, the total revenue received from the sale of charitable decals during the previous fiscal year, and any other information deemed necessary by the Secretary of State. (Source: P.A. 99-166, eff. 7-28-15.)
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(625 ILCS 5/3-639) Sec. 3-639. Special registration plate or digital registration plate for a president of a village or incorporated town or mayor. (a) The Secretary, upon receipt of all applicable fees and applications made in the form prescribed by the Secretary, may issue special registration plates or digital registration plates to presidents of villages and incorporated towns and mayors. The special plates issued under this Section shall be affixed only to passenger vehicles of the first division, motorcycles, autocycles, or motor vehicles of the second division weighing not more than 8,000 pounds. Plates issued under this Section shall expire according to the multi-year procedure established by Section 3-414.1 of this Code. (b) The design and color of the special plates shall be wholly within the discretion of the Secretary. Appropriate documentation, as determined by the Secretary, shall accompany each application. (c) An applicant for the special plate shall be charged a $15 fee for original issuance in addition to the appropriate registration fee. This additional fee shall be deposited into the Secretary of State Special License Plate Fund, to be used by the Secretary to help defray the administrative processing costs. For each registration renewal period, a $2 fee, in addition to the appropriate registration fee, shall be charged. This additional fee shall be deposited into the Secretary of State Special License Plate Fund.(Source: P.A. 103-843, eff. 1-1-25.) |
(625 ILCS 5/3-640) Sec. 3-640. Illinois and Michigan Canal plates. (a) The Secretary, upon receipt of all applicable fees and applications made in the form prescribed by the Secretary, may issue special registration plates designated as Illinois and Michigan Canal license plates. The special plates issued under this Section shall be affixed only to passenger vehicles of the first division, motorcycles, autocycles, or motor vehicles of the second division weighing not more than 8,000 pounds. Plates issued under this Section shall expire according to the multi-year procedure established by Section 3-414.1 of this Code. (b) The design and color of the special plates shall be wholly within the discretion of the Secretary. Appropriate documentation, as determined by the Secretary, shall accompany each application. (c) An applicant for the special plate shall be charged a $40 fee for original issuance in addition to the appropriate registration fee. Of this fee, $25 shall be deposited into the Illinois and Michigan Canal Fund and $15 shall be deposited into the Secretary of State Special License Plate Fund, to be used by the Secretary to help defray the administrative processing costs. For each registration renewal period, a $27 fee, in addition to the appropriate registration fee, shall be charged. Of this fee, $25 shall be deposited into the Illinois and Michigan Canal Fund and $2 shall be deposited into the Secretary of State Special License Plate Fund. (d) The Illinois and Michigan Canal Fund is created as a special fund in the State treasury. All money in the Illinois and Michigan Canal Fund shall be used, subject to appropriation by the General Assembly, by the Department of Natural Resources for restoration and improvements of the Illinois and Michigan Canal and its adjacent structures.(Source: P.A. 103-843, eff. 1-1-25.) |
(625 ILCS 5/3-641) Sec. 3-641. Deceased police officer or firefighter plates. (a) The Secretary, upon receipt of all applicable fees and applications made in the form prescribed by the Secretary, may issue special registration plates to the surviving spouse, children, stepchildren, and parents of a police officer or firefighter who has died in the line of duty in this State. The special plates issued pursuant to this Section shall be affixed only to passenger vehicles of the first division, motorcycles, autocycles, or motor vehicles of the second division weighing not more than 8,000 pounds. Plates issued under this Section shall expire according to the multi-year procedure established by Section 3-414.1 of this Code. (b) The design and color of the special plates shall be wholly within the discretion of the Secretary. Appropriate documentation, as determined by the Secretary, shall accompany each application. (c) An applicant for the special plate shall be charged a $15 fee for original issuance in addition to the appropriate registration fee. This additional fee shall be deposited into the Secretary of State Special License Plate Fund, to be used by the Secretary to help defray the administrative processing costs. For each registration renewal period, a $2 fee, in addition to the appropriate registration fee, shall be charged. This additional fee shall be deposited into the Secretary of State Special License Plate Fund.(Source: P.A. 103-843, eff. 1-1-25.) |
(625 ILCS 5/3-642)
Sec. 3-642. Silver Star plates.
(a) The Secretary, upon receipt of all applicable fees and applications made
in the form prescribed by the Secretary, may issue special
registration plates to residents of Illinois who have been awarded the Silver
Star by the United States Armed Forces. The Secretary, upon receipt of the proper applications and fees, may also issue these special registration plates to an Illinois resident who is the surviving spouse of a person who was awarded the Silver Star by a branch of the armed forces of the United States. The special plate issued under this
Section shall be affixed only to passenger vehicles of the first
division, motorcycles, or
motor vehicles of the second division weighing not more than 8,000 pounds.
Plates issued under this Section shall expire according to the staggered
multi-year procedure established by Section 3-414.1 of this Code.
(b) The design, color, and format of the plates shall be wholly
within the discretion of the Secretary. The Secretary may, in his or
her discretion, allow the plates to be issued as vanity plates or personalized
in accordance with Section 3-405.1 of this Code. The plates are not required
to designate "Land Of Lincoln", as prescribed in subsection (b) of Section
3-412 of this Code. The Secretary shall prescribe the eligibility requirements
and, in his or her discretion, shall approve and prescribe stickers or decals
as provided under Section 3-412.
(c) (Blank).
(Source: P.A. 93-140, eff. 1-1-04; 93-937, eff. 1-1-05; 94-343, eff. 1-1-06.)
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(625 ILCS 5/3-643) Sec. 3-643. Mammogram license plates. (a) The Secretary, upon receipt of an application made in the form prescribed by the Secretary, may issue special registration plates designated as Mammogram license plates. The special plates issued under this Section shall be affixed only to passenger vehicles of the first division, motorcycles, autocycles, and motor vehicles of the second division weighing not more than 8,000 pounds. Plates issued under this Section shall expire according to the multi-year procedure established by Section 3-414.1 of this Code. (b) The design and color of the plates is wholly within the discretion of the Secretary, except that the phrase "Mammograms Save Lives" shall be on the plates. The Secretary may allow the plates to be issued as vanity plates or personalized under Section 3-405.1 of the Code. The Secretary shall prescribe stickers or decals as provided under Section 3-412 of this Code. (c) An applicant for the special plate shall be charged a $25 fee for original issuance in addition to the appropriate registration fee. Of this fee, $10 shall be deposited into the Mammogram Fund and $15 shall be deposited into the Secretary of State Special License Plate Fund, to be used by the Secretary to help defray the administrative processing costs. For each registration renewal period, a $25 fee, in addition to the appropriate registration fee, shall be charged. Of this fee, $23 shall be deposited into the Mammogram Fund and $2 shall be deposited into the Secretary of State Special License Plate Fund. (d) The Mammogram Fund is created as a special fund in the State treasury. All money in the Mammogram Fund shall be paid, subject to appropriation by the General Assembly by the Illinois Department of Public Health for the Illinois Breast and Cervical Cancer Program for patient navigation services specifically for populations with the highest rates of breast cancer mortality in the State.(Source: P.A. 103-843, eff. 1-1-25; 104-2, eff. 6-16-25.) |
(625 ILCS 5/3-644) Sec. 3-644. Police Memorial Committee license plates. (a) The Secretary, upon receipt of an application made in the form prescribed by the Secretary, may issue special registration plates designated as Police Memorial Committee license plates. The special plates issued under this Section shall be affixed only to passenger vehicles of the first division, motorcycles, autocycles, and motor vehicles of the second division weighing not more than 8,000 pounds. Plates issued under this Section shall expire according to the multi-year procedure established by Section 3-414.1 of this Code. (b) The design and color of the plates is wholly within the discretion of the Secretary. The Secretary may allow the plates to be issued as vanity plates or personalized under Section 3-405.1 of the Code. The Secretary shall prescribe stickers or decals as provided under Section 3-412 of this Code. (c) An applicant for the special plate shall be charged a $25 fee for original issuance in addition to the appropriate registration fee. Of this fee, $10 shall be deposited into the Police Memorial Committee Fund and $15 shall be deposited into the Secretary of State Special License Plate Fund, to be used by the Secretary to help defray the administrative processing costs. For each registration renewal period, a $25 fee, in addition to the appropriate registration fee, shall be charged. Of this fee, $23 shall be deposited into the Police Memorial Committee Fund and $2 shall be deposited into the Secretary of State Special License Plate Fund. (d) The Police Memorial Committee Fund is created as a special fund in the State treasury. All money in the Police Memorial Committee Fund shall be paid, subject to appropriation by the General Assembly and distribution by the Secretary, as grants to the Police Memorial Committee for maintaining a memorial statue, holding an annual memorial commemoration, and giving scholarships or grants to children and spouses of police officers killed in the line of duty.(Source: P.A. 103-843, eff. 1-1-25.) |
(625 ILCS 5/3-645)
Sec. 3-645. Vietnam Veteran License Plates.
(a) In addition to any other special license plate, the Secretary, upon
receipt of all applicable fees and applications made in the form prescribed by
the Secretary of State, may issue Vietnam Veteran license plates to residents
of Illinois who meet eligibility requirements prescribed by the Secretary of
State. The special Vietnam Veteran plate issued under this Section shall be
affixed only to passenger vehicles of the first division, motorcycles, and
motor vehicles of the second division weighing not more than 8,000 pounds.
Plates issued under this Section shall expire according to the staggered
multi-year procedure established by Section 3-414.1 of this Code.
(b) The design, color, and format of the plates shall be wholly
within the discretion of the Secretary of State. The Secretary may, in his or
her discretion, allow the plates to be issued as vanity plates or personalized
in accordance with Section 3-405.1 of this Code. The plates are not required
to designate "Land Of Lincoln", as prescribed in subsection (b) of Section
3-412 of this Code. The Secretary shall prescribe the eligibility requirements
and, in his or her discretion, shall approve and prescribe stickers or decals
as provided under Section 3-412.
(c) (Blank).
(Source: P.A. 96-1409, eff. 1-1-11.)
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(625 ILCS 5/3-646) Sec. 3-646. Organ Donor Awareness license plates. (a) The Secretary, upon receipt of an application made in the form prescribed by the Secretary, may issue special registration plates designated as Organ Donor Awareness license plates. The special plates issued under this Section shall be affixed only to passenger vehicles of the first division, motorcycles, autocycles, and motor vehicles of the second division weighing not more than 8,000 pounds. Plates issued under this Section shall expire according to the multi-year procedure established by Section 3-414.1 of this Code. (b) The design and color of the plates is wholly within the discretion of the Secretary, except that the phrase "Be An Organ Donor" shall be on the plates, and the design of the plates shall incorporate a reference to the Chicago Bears organization and Walter Payton. The Secretary may allow the plates to be issued as vanity plates or personalized under Section 3-405.1 of the Code. The Secretary shall prescribe stickers or decals as provided under Section 3-412 of this Code. (c) An applicant for the special plate shall be charged a $25 fee for original issuance in addition to the appropriate registration fee. Of this additional fee, $10 shall be deposited into the Organ Donor Awareness Fund and $15 shall be deposited into the Secretary of State Special License Plate Fund, to be used by the Secretary to help defray the administrative processing costs. For each registration renewal period, a $25 fee, in addition to the appropriate registration fee, shall be charged. Of this additional fee, $23 shall be deposited into the Organ Donor Awareness Fund and $2 shall be deposited into the Secretary of State Special License Plate Fund. (d) The Organ Donor Awareness Fund is created as a special fund in the State treasury. Subject to appropriation by the General Assembly and approval by the Secretary, 50% of the moneys in the Organ Donor Awareness Fund shall be paid as grants to the Gift of Hope Organ and Tissue Donor Network, and the remaining 50% of the moneys in that fund shall be paid as grants to Mid-America Transplant Services, or pursuant to any alternative distribution ratio mutually agreed upon by these 2 organizations.(Source: P.A. 103-843, eff. 1-1-25.) |
(625 ILCS 5/3-647)
Sec. 3-647. World War II Veteran License Plates.
(a) In addition to any other special license plate, the Secretary, upon
receipt of all applicable fees and applications made in the form prescribed by
the Secretary of State, may issue World War II Veteran license plates to
residents of Illinois who meet eligibility requirements prescribed by the
Secretary of State. The special World War II Veteran plate issued under this
Section shall be affixed only to passenger vehicles of the first division,
motorcycles, and motor vehicles of the second division weighing not more than
8,000 pounds. Plates issued under this Section shall expire according to the
staggered multi-year procedure established by Section 3-414.1 of this Code.
(b) The design, color, and format of the plates shall be wholly
within the discretion of the Secretary of State. The Secretary may, in his or
her discretion, allow the plates to be issued as vanity plates or personalized
in accordance with Section 3-405.1 of this Code. The plates are not required
to designate "Land Of Lincoln", as prescribed in subsection (b) of Section
3-412 of this Code. The Secretary shall prescribe the eligibility requirements
and, in his or her discretion, shall approve and prescribe stickers or decals
as provided under Section 3-412.
(c) (Blank).
(Source: P.A. 96-1409, eff. 1-1-11.)
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(625 ILCS 5/3-648) Sec. 3-648. Education license plates. (a) The Secretary, upon receipt of an application made in the form prescribed by the Secretary, may issue special registration plates designated as Education license plates. The special plates issued under this Section shall be affixed only to passenger vehicles of the first division, motorcycles, autocycles, and motor vehicles of the second division weighing not more than 8,000 pounds. Plates issued under this Section shall expire according to the multi-year procedure established by Section 3-414.1 of this Code. (b) The design and color of the plates shall be determined by a contest that every elementary school pupil in the State of Illinois is eligible to enter. The designs submitted for the contest shall be judged on September 30, 2002, and the winning design shall be selected by a committee composed of the Secretary, the Director of State Police, 2 members of the Senate, one member chosen by the President of the Senate and one member chosen by the Senate Minority Leader, and 2 members of the House of Representatives, one member chosen by the Speaker of the House and one member chosen by the House Minority Leader. The Secretary may allow the plates to be issued as vanity or personalized plates under Section 3-405.1 of the Code. The Secretary shall prescribe stickers or decals as provided under Section 3-412 of this Code. (c) An applicant for the special plate shall be charged a $40 fee for original issuance, in addition to the appropriate registration fee. Of this $40 additional original issuance fee, $15 shall be deposited into the Secretary of State Special License Plate Fund, to be used by the Secretary to help defray the administrative processing costs, and $25 shall be deposited into the Golden Apple Scholars of Illinois Fund. For each registration renewal period, a $40 fee, in addition to the appropriate registration fee, shall be charged. Of this $40 additional renewal fee, $2 shall be deposited into the Secretary of State Special License Plate Fund and $38 shall be deposited into the Golden Apple Scholars of Illinois Fund. Each fiscal year, once deposits from the additional original issuance and renewal fees into the Secretary of State Special License Plate Fund have reached $500,000, all the amounts received for the additional fees for the balance of the fiscal year shall be deposited into the Golden Apple Scholars of Illinois Fund. (d) The Golden Apple Scholars of Illinois Fund is created as a special fund in the State treasury. All moneys in the Golden Apple Scholars of Illinois Fund shall be apportioned according to Section 52 of the Higher Education Student Assistance Act.(Source: P.A. 103-843, eff. 1-1-25.) |
(625 ILCS 5/3-649) Sec. 3-649. West Point Bicentennial license plates. (a) In addition to any other special license plate, the Secretary, upon receipt of all applicable fees and applications made in the form prescribed by the Secretary of State, may issue West Point Bicentennial license plates to commemorate the 200th anniversary of the founding of the United States Military Academy at West Point, N.Y. The special West Point Bicentennial plate issued under this Section shall be affixed only to passenger vehicles of the first division, motorcycles, autocycles, and motor vehicles of the second division weighing not more than 8,000 pounds. Plates issued under this Section shall expire according to the staggered multi-year procedure established by Section 3-414.1 of this Code. (b) The design, color, and format of the plates shall be wholly within the discretion of the Secretary of State. The Secretary may, in his or her discretion, allow the plates to be issued as vanity plates or personalized in accordance with Section 3-405.1 of this Code. The plates are not required to designate "Land Of Lincoln", as prescribed in subsection (b) of Section 3-412 of this Code. The Secretary shall approve and prescribe stickers or decals as provided under Section 3-412. (c) An applicant shall be charged a $15 fee for original issuance in addition to the applicable registration fee. This additional fee shall be deposited into the Secretary of State Special License Plate Fund. For each registration renewal period, a $2 fee, in addition to the appropriate registration fee, shall be charged and shall be deposited into the Secretary of State Special License Plate Fund.(Source: P.A. 103-843, eff. 1-1-25.) |
(625 ILCS 5/3-650)
Sec. 3-650. Army Combat Veteran license plates.
(a) In addition to any other special license plate, the Secretary, upon
receipt of all applicable fees and applications made in the form prescribed
by the Secretary of State, may issue Army Combat Veteran license plates to
residents of Illinois who meet eligibility requirements prescribed by the
Secretary of State. The special Army Combat Veteran plate issued under this
Section shall be affixed only to passenger vehicles of the first division,
motorcycles, and motor vehicles of the second division weighing not more than
8,000 pounds. Plates issued under this Section shall expire according to the
staggered multi-year procedure established by Section 3-414.1 of this Code.
(b) The plates shall display the Army Combat Infantry Badge. In all other
respects, the design, color, and format of the plates shall be within the
discretion of the Secretary of State. The Secretary may, in his or her
discretion, allow the plates to be issued as vanity plates or personalized in
accordance with Section 3-405.1 of this Code. The plates are not required to
designate "Land Of Lincoln", as prescribed in subsection (b) of Section 3-412
of this Code. The Secretary shall prescribe the eligibility requirements and,
in his or her discretion, shall approve and prescribe stickers or decals as
provided under Section 3-412.
(c) (Blank).
(Source: P.A. 96-1409, eff. 1-1-11.)
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(625 ILCS 5/3-651)
Sec. 3-651. U.S.
Marine Corps license plates. (a) In addition to any other special license plate, the Secretary, upon
receipt of all applicable fees and applications made in the form prescribed by
the Secretary of State, may issue special registration plates designated as
U.S. Marine Corps license plates to residents of Illinois who meet eligibility
requirements prescribed by the Secretary of State. The special plate issued
under this Section shall be affixed only to passenger vehicles of the first
division, motorcycles, motor vehicles of the second
division weighing not more than 8,000 pounds, and recreational vehicles as
defined by Section 1-169 of this Code. Plates issued under this Section shall
expire according to the staggered multi-year procedure established by Section
3-414.1 of this Code.
(b) The design, color, and format of the plates shall be wholly
within the discretion of the Secretary of State, except that the U.S. Marine
Corps emblem shall appear on the plates. The Secretary may, in his or
her discretion, allow the plates to be issued as vanity or personalized plates
in accordance with Section 3-405.1 of this Code. The plates are not required
to designate "Land Of Lincoln", as prescribed in subsection (b) of Section
3-412 of this Code. The Secretary shall prescribe the eligibility requirements
and, in his or her discretion, shall approve and prescribe stickers or decals
as provided under Section 3-412.
(c) An applicant shall be charged a $5 fee for original issuance in
addition to the applicable registration fee. This additional fee shall be deposited into the Marine Corps Scholarship Fund. For each
registration renewal period, an $18 fee, in addition to the appropriate
registration fee, shall be charged. This additional fee
shall be deposited into the Marine Corps Scholarship Fund.
(d) The Marine Corps Scholarship Fund is created as a special fund in
the State treasury. All moneys in the Marine Corps Scholarship Fund shall,
subject to appropriation by the General Assembly and distribution by the Secretary,
be used by the Marine Corps Coordinating Council of Illinois, Inc., a recognized
charitable organization that meets the requirements of Title 26,
Section 501(c)(3) of the United States Code, to provide grants for
scholarships for higher education. The scholarship recipients must be the
children of current or former members of the United States Marine Corps
who meet the academic, financial, and other requirements established by the
Marine Corps Scholarship Foundation. In addition, the recipients must be
Illinois residents and must attend a college or university located
within the State of Illinois.
(e) In addition, the Marine Corps Coordinating Council of Illinois is authorized to provide grants to the Marine Corps Scholarship Foundation, the Young Marine National Foundation, the Women Marines Association, and to any local chapter of the Marine Corps League that is located in Illinois. Any grant money paid from the Marine Corps Scholarship Fund shall be used for scholarships for undergraduate, graduate, and career and technical education and certification, financial assistance, or monetary awards to veterans or veterans' families that are located within the State of Illinois.(Source: P.A. 101-89, eff. 7-19-19.)
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(625 ILCS 5/3-652) Sec. 3-652. (Repealed).(Source: P.A. 104-435, eff. 11-21-25. Repealed internally, eff. 1-1-26.) |
(625 ILCS 5/3-653) Sec. 3-653. Pet Friendly license plates. (a) The Secretary, upon receipt of an application made in the form prescribed by the Secretary, may issue special registration plates designated as Pet Friendly license plates. The special plates issued under this Section shall be affixed only to passenger vehicles of the first division, motorcycles, autocycles, and motor vehicles of the second division weighing not more than 8,000 pounds, and recreational vehicles as defined in Section 1-169 of this Code. Plates issued under this Section shall expire according to the multi-year procedure established by Section 3-414.1 of this Code. (b) The design and color of the plates is wholly within the discretion of the Secretary, except that the phrase "I am pet friendly" shall be on the plates. The Secretary may allow the plates to be issued as vanity plates or personalized plates under Section 3-405.1 of the Code. The Secretary shall prescribe stickers or decals as provided under Section 3-412 of this Code. (c) An applicant for the special plate shall be charged a $40 fee for original issuance in addition to the appropriate registration fee. Of this additional fee, $25 shall be deposited into the Pet Population Control Fund and $15 shall be deposited into the Secretary of State Special License Plate Fund, to be used by the Secretary to help defray the administrative processing costs. For each registration renewal period, a $27 fee, in addition to the appropriate registration fee, shall be charged. Of this additional fee, $25 shall be deposited into the Pet Population Control Fund and $2 shall be deposited into the Secretary of State Special License Plate Fund.(Source: P.A. 103-843, eff. 1-1-25.) |
(625 ILCS 5/3-654) Sec. 3-654. (Repealed).(Source: P.A. 103-843, eff. 1-1-25. Repealed by P.A. 104-435, eff. 11-21-25.) |
(625 ILCS 5/3-655) Sec. 3-655. Hospice license plates. (a) The Secretary, upon receipt of an application made in the form prescribed by the Secretary, may issue special registration plates designated as Hospice license plates. The special plates issued under this Section shall be affixed only to passenger vehicles of the first division, motorcycles, autocycles, and motor vehicles of the second division weighing not more than 8,000 pounds. Plates issued under this Section shall expire according to the multi-year procedure established by Section 3-414.1 of this Code. (b) The color of the plates is wholly within the discretion of the Secretary. The design of the plates shall include the word "Hospice" above drawings of two lilies and a butterfly. The Secretary may allow the plates to be issued as vanity plates or personalized under Section 3-405.1 of the Code. The Secretary shall prescribe stickers or decals as provided under Section 3-412 of this Code. (c) An applicant for the special plate shall be charged a $25 fee for original issuance in addition to the appropriate registration fee. Of this fee, $10 shall be deposited into the Hospice Fund and $15 shall be deposited into the Secretary of State Special License Plate Fund, to be used by the Secretary to help defray the administrative processing costs. For each registration renewal period, a $25 fee, in addition to the appropriate registration fee, shall be charged. Of this fee, $23 shall be deposited into the Hospice Fund and $2 shall be deposited into the Secretary of State Special License Plate Fund. (d) The Hospice Fund is created as a special fund in the State treasury. All money in the Hospice Fund shall be paid, subject to appropriation by the General Assembly and distribution by the Secretary, as grants to a statewide organization whose primary membership consists of hospice programs to be used as follows: (1) To fund projects relating to hospice care for | ||
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(2) To fund education and outreach for hospice | ||
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(3) To fund informational and educational media | ||
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(4) To fund the expansion or enhancement of a | ||
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(5) To fund the expansion or enhancement of a | ||
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(6) To cover reasonable costs for special plate | ||
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A statewide organization whose primary membership consists of hospice programs shall distribute grant moneys received under this subsection (d) through a standing committee that reviews funding solicitations and awards.(Source: P.A. 103-843, eff. 1-1-25.) |
(625 ILCS 5/3-656)
Sec. 3-656. (Repealed).
(Source: P.A. 95-331, eff. 8-21-07. Repealed by P.A. 97-409, eff. 1-1-12.)
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(625 ILCS 5/3-657) Sec. 3-657. Park District Youth Program license plates. (a) In addition to any other special license plate, the Secretary, upon receipt of all applicable fees and applications made in the form prescribed by the Secretary of State, may issue Park District Youth Program license plates. The special Park District Youth Program plate issued under this Section shall be affixed only to passenger vehicles of the first division, motorcycles, autocycles, and motor vehicles of the second division weighing not more than 8,000 pounds. Plates issued under this Section shall expire according to the staggered multi-year procedure established by Section 3-414.1 of this Code. (b) The design, color, and format of the plates shall be wholly within the discretion of the Secretary of State. Appropriate documentation, as determined by the Secretary, must accompany each application. The Secretary, in his or her discretion, shall approve and prescribe stickers or decals as provided under Section 3-412. (c) An applicant for the special plate shall be charged a $40 fee for original issuance in addition to the appropriate registration fee. Of this fee, $25 shall be deposited into the Park District Youth Program Fund and $15 shall be deposited into the Secretary of State Special License Plate Fund, to be used by the Secretary to help defray the administrative processing costs. For each registration renewal period, a $27 fee, in addition to the appropriate registration fee, shall be charged. Of this fee, $25 shall be deposited into the Park District Youth Program Fund and $2 shall be deposited into the Secretary of State Special License Plate Fund. (d) The Park District Youth Program Fund is created as a special fund in the State treasury. All money in the Park District Youth Program Fund shall be paid, subject to appropriation by the General Assembly and distribution by the Secretary, as grants to the Illinois Association of Park Districts, a not-for-profit corporation, for grants to park districts and recreation agencies providing innovative after school programming for Illinois youth.(Source: P.A. 103-843, eff. 1-1-25.) |
(625 ILCS 5/3-658)
Sec. 3-658. Professional Sports Teams license plates.
(a) The Secretary, upon receipt of an application made in the form
prescribed by the Secretary, may issue special registration plates designated
as Professional Sports Teams license plates. The special plates issued under
this Section
shall be affixed only to passenger vehicles of the first division, motorcycles, and motor
vehicles of the second division weighing not more than 8,000 pounds. Plates
issued under this Section shall expire according to the multi-year procedure
established by Section 3-414.1 of this Code.
(b) The design and color of the plates is wholly within the discretion of
the Secretary, except that the plates shall, subject to the permission of the
applicable team owner, display the logo of the Chicago Bears, the Chicago
Bulls, the Chicago Blackhawks, the Chicago Cubs, the
Chicago White Sox, the Chicago Sky, the Chicago Red Stars, the Chicago Fire, or the St. Louis Cardinals, at the
applicant's option. The Secretary may allow the plates to be issued as vanity
or personalized plates under Section 3-405.1 of the Code. The Secretary shall
prescribe stickers or decals as provided under Section 3-412 of this Code.
(c) An applicant for the special plate shall be charged a $40 fee for
original issuance in addition to the appropriate registration fee. Until July 1, 2023, of this
fee, $25 shall be deposited into the Professional Sports Teams Education Fund
and $15 shall be deposited into the Secretary of State Special License Plate
Fund, to be used by the Secretary to help defray the administrative processing
costs. Beginning July 1, 2023, of this fee, $25 shall be deposited into the Common School Fund and $15 shall be deposited into the Secretary of State Special License Plate Fund, to be used by the Secretary to help defray the administrative processing costs.
For each registration renewal period, a $27 fee, in addition to the
appropriate registration fee, shall be charged. Until July 1, 2023, of this fee, $25 shall be
deposited into the Professional Sports Teams Education Fund and $2 shall be
deposited into the Secretary of State Special License Plate Fund. Beginning July 1, 2023, of this fee, $25 shall be deposited into the Common School Fund and $2 shall be deposited into the Secretary of State Special License Plate Fund.
(d) The Professional Sports Teams Education Fund is created as a special
fund in the State treasury. Until July 1, 2023, the Comptroller shall order transferred and the Treasurer shall transfer all moneys in the Professional Sports Teams Education Fund to the Common School Fund every 6 months.
(e) On July 1, 2023, or as soon thereafter as practical, the State Comptroller shall direct and the State Treasurer shall transfer the remaining balance from the Professional Sports Teams Education Fund into the Common School Fund. Upon completion of the transfer, the Professional Sports Teams Education Fund is dissolved, and any future deposits due to that Fund and any outstanding obligations or liabilities of that Fund shall pass to the Common School Fund. (Source: P.A. 102-1099, eff. 1-1-23; 103-8, eff. 6-7-23.)
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(625 ILCS 5/3-659) Sec. 3-659. Pan Hellenic license plates. (a) The Secretary, upon receipt of all applicable fees and applications made in the form prescribed by the Secretary, may issue special registration plates designated as Pan Hellenic license plates. The special plates issued under this Section shall be affixed only to passenger vehicles of the first division, motorcycles, autocycles, or motor vehicles of the second division weighing not more than 8,000 pounds. Plates issued under this Section shall expire according to the multi-year procedure established by Section 3-414.1 of this Code. (b) The design and color of the special plates shall be wholly within the discretion of the Secretary, except that an emblem of a Pan Hellenic eligible member shall be on the plate. Appropriate documentation, as determined by the Secretary, shall accompany each application. The Secretary may, in his or her discretion, allow the plates to be issued as vanity or personalized plates in accordance with Section 3-405.1 of this Code. The plates are not required to designate "Land of Lincoln" as prescribed in subsection (b) of Section 3-412 of this Code. The Secretary, in his or her discretion, may prescribe rules governing the requirements and approval of the special plates. (c) An applicant for the special plate shall be charged a $40 fee for original issuance in addition to the appropriate registration fee. Of this fee, $25 shall be deposited into the Illinois Pan Hellenic Trust Fund and $15 shall be deposited into the Secretary of State Special License Plate Fund, to be used by the Secretary to help defray the administrative processing costs. For each registration renewal period, a $27 fee, in addition to the appropriate registration fee, shall be charged. Of this fee, $25 shall be deposited into the Illinois Pan Hellenic Trust Fund and $2 shall be deposited into the Secretary of State Special License Plate Fund. (d) The Illinois Pan Hellenic Trust Fund is created as a special fund in the State Treasury. The State Treasurer shall create separate accounts within the Illinois Pan Hellenic Trust Fund for each eligible member for which Pan Hellenic license plates have been issued. Moneys in the Illinois Pan Hellenic Trust Fund shall be allocated to each account in proportion to the number of plates sold in regard to each fraternity or sorority. All moneys in the Illinois Pan Hellenic Trust Fund shall be distributed, subject to appropriation by the General Assembly and distribution by the Secretary, as grants to the Illinois Alpha Kappa Alpha Charitable Foundation, Illinois Delta Sigma Theta Charitable Foundation, Illinois Zeta Phi Beta Charitable Foundation, Illinois Sigma Gamma Rho Charitable Foundation, Alpha Illinois Leadership Foundation, Illinois Omega Psi Phi Charitable Foundation, Illinois Kappa Alpha Psi Charitable Foundation, Illinois Phi Beta Sigma Charitable Foundation, or Illinois Iota Phi Theta Charitable Foundation for charitable purposes sponsored by the African-American fraternity or sorority.(Source: P.A. 102-699, eff. 4-19-22; 103-843, eff. 1-1-25.) |
(625 ILCS 5/3-660) Sec. 3-660. September 11th license plates. (a) Beginning on September 11, 2002, the Secretary, upon receipt of all applicable fees and applications made in the form prescribed by the Secretary, may issue special registration plates designated as September 11th license plates. The special plates issued under this Section shall be affixed only to passenger vehicles of the first division, motorcycles, autocycles, or motor vehicles of the second division weighing not more than 8,000 pounds. Plates issued under this Section shall expire according to the multi-year procedure established by Section 3-414.1 of this Code. (b) The design and color of the special plates shall be wholly within the discretion of the Secretary. The Secretary may allow the plates to be issued as vanity or personalized plates under Section 3-405.1 of this Code. The Secretary shall prescribe stickers or decals as provided under Section 3-412 of this Code. (c) An applicant for the special plate shall be charged a $40 fee for original issuance in addition to the appropriate registration fee. Of this fee, $25 shall be deposited into the September 11th Fund and $15 shall be deposited into the Secretary of State Special License Plate Fund, to be used by the Secretary to help defray the administrative processing costs. For each registration renewal period, a $27 fee, in addition to the appropriate registration fee, shall be charged. Of this fee, $25 shall be deposited into the September 11th Fund and $2 shall be deposited into the Secretary of State Special License Plate Fund. (d) The September 11th Fund is created as a special fund in the State treasury. Subject to appropriation by the General Assembly, the Director of the Illinois Emergency Management Agency shall pay all moneys in the September 11th Fund as grants to aid victims of terrorism and as grants to local governments to cover the costs of training, equipment, and other items related to public safety initiatives intended to prevent further acts of terrorism or to respond to further acts of terrorism or other disasters or emergency situations in Illinois.(Source: P.A. 103-843, eff. 1-1-25.) |
(625 ILCS 5/3-661)
Sec. 3-661. Illinois Route 66 license plates.
(a) The Secretary, upon receipt of all applicable fees and applications
made in the form prescribed by the Secretary, may issue special registration
plates designated as
Illinois Route 66
license plates.
The special plates issued under this Section shall be affixed only to
passenger vehicles of the first division, motorcycles having an engine over 150cc, or motor vehicles of the second
division weighing not more than 8,000 pounds.
Plates issued under this Section shall expire according to the multi-year
procedure established by Section 3-414.1 of this Code.
(b) The design and color of the special plates shall be wholly within the
discretion of the Secretary.
The Secretary may, in his or her discretion, allow the plates to be issued as
vanity or personalized plates in accordance with Section 3-405.1 of this Code.
The plates are not required to designate "Land of Lincoln", as prescribed in
subsection (b) of Section 3-412 of this Code. The Secretary, in his or her
discretion, shall approve and prescribe stickers or decals as provided
under Section 3-412.
(c) An applicant for the special plate shall be charged a $40
fee for
original issuance in addition to the appropriate registration fee. Of this
fee, $25 shall be deposited into the Illinois
Route 66 Heritage Project
Fund and $15
shall be deposited into the Secretary of State Special License Plate Fund, to
be used by the Secretary to help defray the administrative processing costs.
For each registration renewal period, a $27 fee, in addition to the
appropriate registration fee, shall be charged. Of this fee, $25 shall be
deposited into the Illinois
Route 66 Heritage Project
Fund and $2 shall be deposited
into the Secretary of State Special License Plate Fund.
(d) The Illinois
Route 66 Heritage Project
Fund is created as a special fund in the
State treasury.
Subject to appropriation by the General Assembly and distribution by the
Secretary, Illinois Route 66 Heritage Project, Inc. shall use
all moneys in the Illinois
Route 66 Heritage Project
Fund
for the development of tourism, through education and interpretation,
preservation, and promotion of the former U.S. Route 66 in Illinois.
(Source: P.A. 99-865, eff. 1-1-17.)
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(625 ILCS 5/3-662) Sec. 3-662. (Repealed).(Source: P.A. 103-843, eff. 1-1-25. Repealed by P.A. 104-435, eff. 11-21-25.) |
(625 ILCS 5/3-663) Sec. 3-663. Medically Required Tinted Window plates or plate stickers. The Secretary, upon receipt of an application made in the form prescribed by the Secretary, shall issue special registration plates or plate stickers designated as Medically Required Tinted Window license plates or plate stickers. The special plates or plate stickers issued under this Section shall be affixed only to passenger vehicles of the first division or their license plates and to motor vehicles of the second division weighing not more than 8,000 pounds or their license plates. Plates issued under this Section shall expire according to the multi-year procedure established by Section 3-414.1 of this Code. Plate stickers issued under this Section shall expire in accordance with rules adopted by the Secretary. The design and color of the plates or plate stickers shall be wholly within the discretion of the Secretary of State.
(Source: P.A. 94-564, eff. 8-12-05.) |
(625 ILCS 5/3-664) Sec. 3-664. Gold Star license plates. Upon proper application, the Secretary of State shall issue registration plates designated as Gold Star license plates to any Illinois resident who is the surviving widow or widower, to each parent who is an Illinois resident, and to each Illinois resident who is a child, stepchild, child through adoption, brother, half-brother, sister, or half-sister, of a person who served in the Armed Forces of the United States and lost his or her life while in service whether in peacetime or war. The surviving widow or widower, each of the parents, and each child, stepchild, child through adoption, brother, half-brother, sister, or half-sister shall be issued one or more sets of registration plates. Registration plates issued under this Section shall be for first division vehicles, motorcycles, autocycles, and second division vehicles of 8,000 pounds or less. The Secretary may, in his or her discretion, allow the plates to be issued as vanity or personalized plates in accordance with Section 3-405.1 of this Code. No registration fee shall be required from surviving widows, widowers, parents, or children of persons who served in the Armed Forces of the United States: (1) who lost their lives during World War I, World | ||
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(2) who lost or lose their lives after June 30, 1958: | ||
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(3) who lost or lose their lives after March 28, | ||
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(Source: P.A. 102-106, eff. 1-1-22; 102-796, eff. 1-1-23; 103-843, eff. 1-1-25.) |
(625 ILCS 5/3-665) Sec. 3-665. Agriculture in the Classroom plates. (a) The Secretary, upon receipt of all applicable fees and applications made in the form prescribed by the Secretary, may issue special registration plates designated as Agriculture in the Classroom license plates. The special plates issued under this Section shall be affixed only to passenger vehicles of the first division, motorcycles, autocycles, or motor vehicles of the second division weighing not more than 8,000 pounds. Plates issued under this Section shall expire according to the multi-year procedure established by Section 3-414.1 of this Code. (b) The design and color of the special plates shall be wholly within the discretion of the Secretary. (c) An applicant for the special plate shall be charged a $40 fee for original issuance in addition to the appropriate registration fee. Of this fee, $25 shall be deposited into the Agriculture in the Classroom Fund and $15 shall be deposited into the Secretary of State Special License Plate Fund, to be used by the Secretary to help defray the administrative processing costs. For each registration renewal period, a $27 fee, in addition to the appropriate registration fee, shall be charged. Of this fee, $25 shall be deposited into the Agriculture in the Classroom Fund and $2 shall be deposited into the Secretary of State Special License Plate Fund. (d) The Agriculture in the Classroom Fund is created as a special fund in the State treasury. All moneys in the Agriculture in the Classroom Fund shall be paid, subject to appropriation by the General Assembly and distribution by the Secretary, to the Illinois Agricultural Association Foundation, a charitable organization that meets the requirements of Title 26, Section 501(c)(3) of the United States Code, to be used as grants to support Agriculture in the Classroom programming for public and private schools within Illinois.(Source: P.A. 103-843, eff. 1-1-25.) |
(625 ILCS 5/3-666) Sec. 3-666. Paratrooper license plates. (a) In addition to any other special license plate, the Secretary, upon receipt of all applicable fees and applications made in the form prescribed by the Secretary of State, may issue Paratrooper license plates to residents of Illinois who meet eligibility requirements prescribed by the Secretary of State. The special Paratrooper plate issued under this Section shall be affixed only to passenger vehicles of the first division, motorcycles, autocycles, and motor vehicles of the second division weighing not more than 8,000 pounds. Plates issued under this Section shall expire according to the staggered multi-year procedure established by Section 3-414.1 of this Code. (b) The design, color, and format of the plates shall be wholly within the discretion of the Secretary of State. The Secretary may, in his or her discretion, allow the plates to be issued as vanity or personalized plates in accordance with Section 3-405.1 of this Code. The plates are not required to designate "Land of Lincoln", as prescribed in subsection (b) of Section 3-412 of this Code. The Secretary shall prescribe the eligibility requirements and, in his or her discretion, shall approve and prescribe stickers or decals as provided under Section 3-412. (c) (Blank). (Source: P.A. 103-843, eff. 1-1-25.) |
(625 ILCS 5/3-667)
Sec. 3-667. Korean Service license plates. (a) In addition to any other special license plate, the Secretary, upon
receipt of all applicable fees and applications made in the form prescribed by
the Secretary of State, may issue special registration plates designated as
Korean Service license plates to
residents of Illinois who, on or after July 27, 1954, participated in the United States Armed Forces in Korea. The special plate issued under this Section shall be affixed
only to passenger vehicles of the first division, motorcycles,
motor vehicles of the second
division weighing not more than 8,000 pounds, and recreational vehicles as
defined by Section 1-169 of this Code. Plates issued under this Section shall
expire according to the staggered multi-year procedure established by Section
3-414.1 of this Code. (b) The design, color, and format of the plates shall be wholly
within the discretion of the Secretary of State. The Secretary may, in his or
her discretion, allow the plates to be issued as vanity or personalized
plates in accordance with Section 3-405.1 of this Code. The plates are not required
to designate "Land of
Lincoln", as prescribed in subsection (b) of Section
3-412 of this Code. The Secretary shall prescribe the eligibility requirements
and, in his or her discretion, shall approve and prescribe stickers or decals
as provided under Section 3-412.
(c) (Blank).
(d) An individual who has been issued Korean Service license plates
for a vehicle
and who has been approved for benefits under the Senior Citizens and Persons with Disabilities Property Tax Relief Act shall pay
the original issuance and the regular annual fee for the registration of the
vehicle as provided in Section 3-806.3 of this Code in addition to the fees
specified in subsection (c) of this Section.
(Source: P.A. 103-8, eff. 6-7-23.) |
(625 ILCS 5/3-668)
Sec. 3-668. Iraq Campaign license plates. (a) In addition to any other special license plate, the Secretary, upon
receipt of all applicable fees and applications made in the form prescribed by
the Secretary of State, may issue Iraq Campaign license plates to residents of
Illinois who have earned the Iraq Campaign Medal from the United States Armed Forces. The special Iraq Campaign plates issued under this Section shall be
affixed only to passenger vehicles of the first division, motorcycles, and
motor vehicles of the second division weighing not more than 8,000 pounds.
Plates issued under this Section shall expire according to the staggered
multi-year procedure established by Section 3-414.1 of this Code.
(b) The design, color, and format of the plates shall be wholly
within the discretion of the Secretary of State. The Secretary may, in his or
her discretion, allow the plates to be issued as vanity plates or personalized
in accordance with Section 3-405.1 of this Code. The plates are not required
to designate "Land of
Lincoln", as prescribed in subsection (b) of Section
3-412 of this Code. The Secretary shall, in his or her discretion, approve and prescribe stickers or decals
as provided under Section 3-412.
(c) (Blank).
(Source: P.A. 99-127, eff. 1-1-16.) |
(625 ILCS 5/3-669) Sec. 3-669. Afghanistan Campaign license plates. (a) In addition to any other special license plate, the Secretary, upon
receipt of all applicable fees and applications made in the form prescribed by
the Secretary of State, may issue Afghanistan Campaign license plates to residents
of Illinois who have earned the Afghanistan Campaign Medal from the United States Armed Forces. The special Afghanistan Campaign plates issued under this Section shall be
affixed only to passenger vehicles of the first division, motorcycles, and
motor vehicles of the second division weighing not more than 8,000 pounds.
Plates issued under this Section shall expire according to the staggered
multi-year procedure established by Section 3-414.1 of this Code.
(b) The design, color, and format of the plates shall be wholly
within the discretion of the Secretary of State. The Secretary may, in his or
her discretion, allow the plates to be issued as vanity plates or personalized
in accordance with Section 3-405.1 of this Code. The plates are not required
to designate "Land of
Lincoln", as prescribed in subsection (b) of Section
3-412 of this Code. The Secretary shall, in his or her discretion, approve and prescribe stickers or decals
as provided under Section 3-412. (c) (Blank).
(Source: P.A. 99-127, eff. 1-1-16.) |
(625 ILCS 5/3-670) Sec. 3-670. Autism Awareness license plates. (a) The Secretary, upon receipt of an application made in the form prescribed by the Secretary, may issue special registration plates designated as Autism Awareness license plates. The special plates issued under this Section shall be affixed only to passenger vehicles of the first division, motorcycles, autocycles, and motor vehicles of the second division weighing not more than 8,000 pounds. Plates issued under this Section shall expire according to the multi-year procedure established by Section 3-414.1 of this Code. (b) The design and color of the plates is wholly within the discretion of the Secretary of State. The Secretary, in his or her discretion, may allow the plates to be issued as vanity or personalized plates under Section 3-405.1 of this Code. The Secretary shall prescribe stickers or decals as provided under Section 3-412 of this Code. (c) An applicant for the special plate shall be charged a $40 fee for original issuance in addition to the appropriate registration fee. Of this fee, $25 shall be deposited into the Autism Awareness Fund and $15 shall be deposited into the Secretary of State Special License Plate Fund, to be used by the Secretary to help defray the administrative processing costs. For each registration renewal period, a $27 fee, in addition to the appropriate registration fee, shall be charged. Of this fee, $25 shall be deposited into the Autism Awareness Fund and $2 shall be deposited into the Secretary of State Special License Plate Fund. (d) The Autism Awareness Fund is created as a special fund in the State treasury. All moneys in the Autism Awareness Fund shall be used, subject to appropriation by the General Assembly, by the Illinois Department of Human Services for the purpose of grants for research, education, and awareness regarding autism and autism spectrum disorders.(Source: P.A. 103-843, eff. 1-1-25.) |
(625 ILCS 5/3-671) Sec. 3-671. Boy Scout and Girl Scout license plates. (a) The Secretary, upon receipt of an application made in the form prescribed by the Secretary, may issue special registration plates designated to be Boy Scout and Girl Scout plates. The special plates issued under this Section shall be affixed only to passenger vehicles of the first division, motorcycles, autocycles, or motor vehicles of the second division weighing not more than 8,000 pounds. Plates issued under this Section shall expire according to the multi-year procedure established by Section 3-414.1 of this Code. (b) Except as provided in subsections (c) and (d), the design and color of the plates shall be wholly within the discretion of the Secretary. Appropriate documentation, as determined by the Secretary, shall accompany the application. (c) The Secretary may issue Boy Scout plates bearing the Eagle Scout badge only to an applicant who provides written proof of Eagle Scout rank, in the form of appropriate documentation from the National Boy Scout Council. The Secretary shall make these plates available to qualified applicants. (d) The Secretary may issue Girl Scout plates bearing the symbol of the Gold Award only to an applicant who provides written proof of Gold Award status, in the form of appropriate documentation from the National Office of the Girl Scouts of the U.S.A. The Secretary shall make these plates available to qualified applicants. (e) An applicant shall be charged a $40 fee for original issuance in addition to the appropriate registration fee, if applicable. Of this fee, $25 shall be deposited into the Boy Scout and Girl Scout Fund as created by this Section and $15 shall be deposited into the Secretary of State Special License Plate Fund to be used by the Secretary to help defray the administrative processing costs. For each registration renewal period a $27 fee, in addition to the appropriate registration fee, shall be charged. Of this fee, $25 shall be deposited into the Boy Scout and Girl Scout Fund and $2 shall be deposited into the Secretary of State Special License Plate Fund. (f) The Boy Scout and Girl Scout Fund is created as a special fund in the State treasury. All moneys in the Boy Scout and Girl Scout Fund shall, subject to appropriation by the General Assembly and distribution by the Secretary, be paid as grants, to be divided between the Illinois divisions of the Boys Scouts of America and the Girl Scouts of the U.S.A. on a pro rata basis, according to the number of each type of plate sold. Grants shall be made to the county division in which the plates are sold. (Source: P.A. 103-843, eff. 1-1-25.) |
(625 ILCS 5/3-672) Sec. 3-672. Illinois Professional Golfers Association Foundation Junior Golf license plates. (a) The Secretary, upon receipt of all applicable fees and applications made in the form prescribed by the Secretary, may issue special registration plates designated as Illinois Professional Golfers Association Foundation Junior Golf license plates. The special plates issued under this Section shall be affixed only to passenger vehicles of the first division, motorcycles, autocycles, or motor vehicles of the second division weighing not more than 8,000 pounds. Plates issued under this Section shall expire according to the multi-year procedure established by Section 3-414.1 of this Code. (b) The design and color of the special plates shall be wholly within the discretion of the Secretary. Appropriate documentation, as determined by the Secretary, shall accompany each application. (c) An applicant for the special plate shall be charged a $40 fee for original issuance in addition to the appropriate registration fee. Of this fee, $25 shall be deposited into the Illinois Professional Golfers Association Foundation Junior Golf Fund and $15 shall be deposited into the Secretary of State Special License Plate Fund, to be used by the Secretary to help defray the administrative processing costs. For each registration renewal period, a $40 fee, in addition to the appropriate registration fee, shall be charged. Of this fee, $38 shall be deposited into the Illinois Professional Golfers Association Foundation Junior Golf Fund and $2 shall be deposited into the Secretary of State Special License Plate Fund. (d) The Illinois Professional Golfers Association Foundation Junior Golf Fund is created as a special fund in the State treasury. All moneys in the Illinois Professional Golfers Association Foundation Junior Golf Fund shall be paid, subject to appropriation by the General Assembly and distribution by the Secretary, as grants to the Illinois Professional Golfers Association Foundation to help Association members expose Illinois youngsters to the game of golf. (Source: P.A. 103-843, eff. 1-1-25.) |
(625 ILCS 5/3-673) Sec. 3-673. Rotary Club plates. (a) The Secretary, upon receipt of all applicable fees and applications made in the form prescribed by the Secretary, may issue special registration plates designated as Rotary Club license plates. The special plates issued under this Section shall be affixed only to passenger vehicles of the first division, motorcycles, autocycles, or motor vehicles of the second division weighing not more than 8,000 pounds. Plates issued under this Section shall expire according to the multi-year procedure established by Section 3-414.1 of this Code. (b) The design and color of the special plates shall be wholly within the discretion of the Secretary. Appropriate documentation, as determined by the Secretary, shall accompany each application. (c) An applicant for the special plate shall be charged a $25 fee for original issuance in addition to the appropriate registration fee. Of this fee, $10 shall be deposited into the Rotary Club Fund and $15 shall be deposited into the Secretary of State Special License Plate Fund, to be used by the Secretary to help defray the administrative processing costs. For each registration renewal period, a $25 fee, in addition to the appropriate registration fee, shall be charged. Of this fee, $23 shall be deposited into the Rotary Club Fund and $2 shall be deposited into the Secretary of State Special License Plate Fund. (d) The Rotary Club Fund is created as a special fund in the State treasury. All moneys in the Rotary Club Fund shall be paid, subject to appropriation by the General Assembly and distribution by the Secretary, as grants to charitable entities designated by the Rotary Club. (Source: P.A. 103-843, eff. 1-1-25.) |
(625 ILCS 5/3-674) Sec. 3-674. Sheet Metal Workers International Association license plates. (a) The Secretary, upon receipt of all applicable fees and applications made in the form prescribed by the Secretary, may issue special registration plates designated as Sheet Metal Workers International Association license plates. The special plates issued under this Section shall be affixed only to passenger vehicles of the first division, motorcycles, autocycles, or motor vehicles of the second division weighing not more than 8,000 pounds. Plates issued under this Section shall expire according to the multi-year procedure established by Section 3-414.1 of this Code. (b) The design and color of the special plates shall be wholly within the discretion of the Secretary. Appropriate documentation, as determined by the Secretary, shall accompany each application. The Secretary may allow the plates to be issued as vanity plates or personalized plates under Section 3-405.1 of this Code. The Secretary shall prescribe stickers or decals as provided under Section 3-412 of this Code. (c) An applicant for the special plate shall be charged a $25 fee for original issuance in addition to the appropriate registration fee. Of this fee, $10 shall be deposited into the Sheet Metal Workers International Association of Illinois Fund and $15 shall be deposited into the Secretary of State Special License Plate Fund, to be used by the Secretary to help defray the administrative processing costs. For each registration renewal period, a $25 fee, in addition to the appropriate registration fee, shall be charged. Of this fee, $23 shall be deposited into the Sheet Metal Workers International Association of Illinois Fund and $2 shall be deposited into the Secretary of State Special License Plate Fund. (d) The Sheet Metal Workers International Association of Illinois Fund is created as a special fund in the State treasury. All moneys in the Sheet Metal Workers International Association of Illinois Fund shall be paid, subject to appropriation by the General Assembly and distribution by the Secretary, as grants to charitable entities designated by Illinois local chapters of the Sheet Metal Workers International Association. (Source: P.A. 103-843, eff. 1-1-25.) |
(625 ILCS 5/3-675) Sec. 3-675. Support Our Troops license plates. (a) The Secretary, upon receipt of all applicable fees and applications made in the form prescribed by the Secretary, may issue special registration plates designated as Support Our Troops license plates. The special plates issued under this Section shall be affixed only to passenger vehicles of the first division, motorcycles, autocycles, or motor vehicles of the second division weighing not more than 8,000 pounds. Plates issued under this Section shall expire according to the multi-year procedure established by Section 3-414.1 of this Code. (b) The design and color of the special plates shall be wholly within the discretion of the Secretary, except that the emblem of the organization Illinois Support Our Troops, Inc., and its "Support Our Troops!" mark shall appear on the plate. The address of the organization's Internet web site may appear on the plate, and the organization may alternate the mark to "Salute our Heroes!" in a manner that respects inventory. The field of the plate may be colored. The Secretary may, in his or her discretion, allow the plates to be issued as vanity or personalized plates in accordance with Section 3-405.1 of this Code. The plates are not required to designate "Land of Lincoln", as prescribed in subsection (b) of Section 3-412 of this Code. The Secretary, in his or her discretion, shall approve and prescribe stickers or decals as provided under Section 3-412. (c) An applicant for the special plate shall be charged a $40 fee for original issuance in addition to the appropriate registration fee. Of this fee, $25 shall be deposited into the Support Our Troops Fund and $15 shall be deposited into the Secretary of State Special License Plate Fund to be used by the Secretary to help defray the administrative processing costs. For each registration renewal period, a $27 fee, in addition to the appropriate registration fee, shall be charged. Of this fee, $25 shall be deposited into the Support Our Troops Fund and $2 shall be deposited into the Secretary of State Special License Plate Fund. (d) The Support Our Troops Fund is created as a special fund in the State treasury. All moneys in the Support Our Troops Fund shall be paid, subject to appropriation by the General Assembly and distribution by the Secretary, as grants to Illinois Support Our Troops, Inc., a not-for-profit public purpose charity under Internal Revenue Code Section 501(c)(3), for charitable assistance to the troops and their families in accordance with its Articles of Incorporation.(Source: P.A. 103-843, eff. 1-1-25.) |
(625 ILCS 5/3-676)
Sec. 3-676. Iraq Campaign license plates. (a) In addition to any other special license plate, the Secretary, upon
receipt of all applicable fees and applications made in the form prescribed by
the Secretary of State, may issue Iraq Campaign license plates to residents of
Illinois who have earned the Iraq Campaign Medal from the United States Armed Forces. The special Iraq Campaign plates issued under this Section shall be
affixed only to passenger vehicles of the first division, motorcycles, and
motor vehicles of the second division weighing not more than 8,000 pounds.
Plates issued under this Section shall expire according to the staggered
multi-year procedure established by Section 3-414.1 of this Code.
(b) The design, color, and format of the plates shall be wholly
within the discretion of the Secretary of State. The Secretary may, in his or
her discretion, allow the plates to be issued as vanity plates or personalized
in accordance with Section 3-405.1 of this Code. The plates are not required
to designate "Land of
Lincoln", as prescribed in subsection (b) of Section
3-412 of this Code. The Secretary shall, in his or her discretion, approve and prescribe stickers or decals
as provided under Section 3-412.
(c) (Blank).
(Source: P.A. 97-306, eff. 1-1-12.) |
(625 ILCS 5/3-677) Sec. 3-677. Afghanistan Campaign license plates. (a) In addition to any other special license plate, the Secretary, upon
receipt of all applicable fees and applications made in the form prescribed by
the Secretary of State, may issue Afghanistan Campaign license plates to residents
of Illinois who have earned the Afghanistan Campaign Medal from the United States Armed Forces. The special Afghanistan Campaign plates issued under this Section shall be
affixed only to passenger vehicles of the first division, motorcycles, and
motor vehicles of the second division weighing not more than 8,000 pounds.
Plates issued under this Section shall expire according to the staggered
multi-year procedure established by Section 3-414.1 of this Code.
(b) The design, color, and format of the plates shall be wholly
within the discretion of the Secretary of State. The Secretary may, in his or
her discretion, allow the plates to be issued as vanity plates or personalized
in accordance with Section 3-405.1 of this Code. The plates are not required
to designate "Land of
Lincoln", as prescribed in subsection (b) of Section
3-412 of this Code. The Secretary shall, in his or her discretion, approve and prescribe stickers or decals
as provided under Section 3-412.
(c) (Blank).
(Source: P.A. 97-306, eff. 1-1-12.) |
(625 ILCS 5/3-678) Sec. 3-678. Ovarian Cancer Awareness license plates. (a) The Secretary, upon receipt of an application made in the form prescribed by the Secretary, may issue special registration plates designated as Ovarian Cancer Awareness license plates. The special plates issued under this Section shall be affixed only to passenger vehicles of the first division, motorcycles, autocycles, and motor vehicles of the second division weighing not more than 8,000 pounds. Plates issued under this Section shall expire according to the multi-year procedure established by Section 3-414.1 of this Code. (b) The design and color of the plates is wholly within the discretion of the Secretary. The Secretary may allow the plates to be issued as vanity or personalized plates under Section 3-405.1 of this Code. The Secretary shall prescribe stickers or decals as provided under Section 3-412 of this Code. (c) An applicant for the special plate shall be charged a $25 fee for original issuance in addition to the appropriate registration fee. Of this fee, $10 shall be deposited into the Ovarian Cancer Awareness Fund and $15 shall be deposited into the Secretary of State Special License Plate Fund, to be used by the Secretary to help defray the administrative processing costs. For each registration renewal period, a $25 fee, in addition to the appropriate registration fee, shall be charged. Of this fee, $23 shall be deposited into the Ovarian Cancer Awareness Fund and $2 shall be deposited into the Secretary of State Special License Plate Fund. (d) The Ovarian Cancer Awareness Fund is created as a special fund in the State treasury. All moneys in the Ovarian Cancer Awareness Fund shall be paid, subject to appropriation by the General Assembly and distribution by the Secretary, as grants to the National Ovarian Cancer Coalition, Inc. for ovarian cancer research, education, screening, and treatment. (Source: P.A. 103-843, eff. 1-1-25.) |
(625 ILCS 5/3-679) Sec. 3-679. Law Enforcement Torch Run For Special Olympics license plates. (a) The Secretary, upon receipt of an application made in the form prescribed by the Secretary of State, may issue special registration plates designated to be Law Enforcement Torch Run For Special Olympics license plates. The special plates issued under this Section shall be affixed only to passenger vehicles of the first division, motorcycles, autocycles, motor vehicles of the second division weighing not more than 8,000 pounds, and recreational vehicles as defined by Section 1-169 of this Code. Plates issued under this Section shall expire according to the multi-year procedure established by Section 3-414.1 of this Code. (b) The design and color of the plates shall be wholly within the discretion of the Secretary of State. Appropriate documentation, as determined by the Secretary, shall accompany the application. The Secretary may, in his or her discretion, allow the plates to be issued as vanity or personalized plates in accordance with Section 3-405.1 of this Code. (c) An applicant shall be charged a $45 fee for original issuance in addition to the appropriate registration fee, if applicable. Of this fee, $30 shall be deposited into the Special Olympics Illinois Fund and $15 shall be deposited into the Secretary of State Special License Plate Fund. For each registration renewal period, a $27 fee, in addition to the appropriate registration fee, shall be charged. Of this fee, $25 shall be deposited into the Special Olympics Illinois Fund and $2 shall be deposited into the Secretary of State Special License Plate Fund. (Source: P.A. 103-843, eff. 1-1-25.) |
(625 ILCS 5/3-680) Sec. 3-680. U.S. Army Veteran license plates. (a) In addition to any other special license plate, the Secretary, upon
receipt of all applicable fees and applications made in the form prescribed by
the Secretary of State, may issue U.S. Army Veteran license plates to
residents of Illinois who meet eligibility requirements prescribed by the
Secretary of State. The special U.S. Army Veteran plate issued under this
Section shall be affixed only to passenger vehicles of the first division,
motorcycles, and motor vehicles of the second division weighing not more than
8,000 pounds. Plates issued under this Section shall expire according to the
staggered multi-year procedure established by Section 3-414.1 of this Code. (b) The design, color, and format of the plates shall be wholly
within the discretion of the Secretary of State. The Secretary may, in his or
her discretion, allow the plates to be issued as vanity or personalized
plates in accordance with Section 3-405.1 of this Code. The plates are not required
to designate "Land Of Lincoln", as prescribed in subsection (b) of Section
3-412 of this Code. The Secretary shall prescribe the eligibility requirements
and, in his or her discretion, shall approve and prescribe stickers or decals
as provided under Section 3-412. (c) (Blank).
(Source: P.A. 95-796, eff. 8-11-08; 96-328, eff. 8-11-09; 96-1409, eff. 1-1-11.) |
(625 ILCS 5/3-681) Sec. 3-681. U.S. Navy license plates. (a) In addition to any other special license plate, the Secretary, upon
receipt of all applicable fees and applications made in the form prescribed
by the Secretary of State, may issue U.S. Navy license plates to
residents of Illinois who meet eligibility requirements prescribed by the
Secretary of State. The special U.S. Navy plate issued under this
Section shall be affixed only to passenger vehicles of the first division,
motorcycles, and motor vehicles of the second division weighing not more than
8,000 pounds. Plates issued under this Section shall expire according to the
staggered multi-year procedure established by Section 3-414.1 of this Code.
(b) The plates shall display the U.S. Navy emblem. In all other
respects, the design, color, and format of the plates shall be within the
discretion of the Secretary of State. The Secretary may, in his or her
discretion, allow the plates to be issued as vanity or personalized plates in
accordance with Section 3-405.1 of this Code. The plates are not required to
designate "Land Of Lincoln", as prescribed in subsection (b) of Section 3-412
of this Code. The Secretary shall prescribe the eligibility requirements and,
in his or her discretion, shall approve and prescribe stickers or decals as
provided under Section 3-412.
(c) (Blank).
(Source: P.A. 97-306, eff. 1-1-12.) |
(625 ILCS 5/3-682) Sec. 3-682. Illinois Police Association license plates. (a) The Secretary, upon receipt of an application made in the form prescribed by the Secretary, may issue special registration plates designated as Illinois Police Association license plates. The special plates issued under this Section shall be affixed only to passenger vehicles of the first division, motorcycles, autocycles, and motor vehicles of the second division weighing not more than 8,000 pounds. Plates issued under this Section shall expire according to the multi-year procedure established by Section 3-414.1 of this Code. (b) The design and color of the plates is wholly within the discretion of the Secretary. The Secretary may allow the plates to be issued as vanity plates or personalized under Section 3-405.1 of the Code. The Secretary shall prescribe stickers or decals as provided under Section 3-412 of this Code. The Secretary may, in his or her discretion, allow the plates to be issued as vanity or personalized plates in accordance with Section 3-405.1 of this Code. (c) An applicant for the special plate shall be charged a $25 fee for original issuance in addition to the appropriate registration fee. Of this fee, $10 shall be deposited into the Illinois Police Association Fund and $15 shall be deposited into the Secretary of State Special License Plate Fund, to be used by the Secretary to help defray the administrative processing costs. For each registration renewal period, a $25 fee, in addition to the appropriate registration fee, shall be charged. Of this fee, $23 shall be deposited into the Illinois Police Association Fund and $2 shall be deposited into the Secretary of State Special License Plate Fund. (d) The Illinois Police Association Fund is created as a special fund in the State treasury. All money in the Illinois Police Association Fund shall be used, subject to appropriation, for providing death benefits for the families of police officers killed in the line of duty or the families of members of the Illinois Police Association dying of natural causes, and for providing scholarships, for graduate study, undergraduate study, or both, to children and spouses of police officers killed in the line of duty or to children and spouses of members of the Illinois Police Association dying of natural causes.(Source: P.A. 102-922, eff. 1-1-23; 103-843, eff. 1-1-25.) |
(625 ILCS 5/3-683)
Sec. 3-683. Distinguished Service Cross license plates. The Secretary, upon receipt of an
application made in the form prescribed by the Secretary of State, shall
issue special
registration plates to any Illinois resident who has been awarded the Distinguished Service Cross by a branch of the armed
forces of the United States. The Secretary, upon receipt of the proper application, shall also issue these special registration plates to an Illinois resident who is the surviving spouse of a person who was awarded the Distinguished Service Cross by a branch of the armed forces of the United States. The special plates issued under this Section
should be affixed only to passenger vehicles of the first division, including
motorcycles, or motor
vehicles of the second division weighing not more than 8,000 pounds. The design and color of the plates shall be wholly within the discretion
of the Secretary of State. Appropriate documentation, as determined by the
Secretary, and the appropriate registration fee shall
accompany the application.
However, for an individual who has been issued Distinguished Service Cross plates for a
vehicle and who has been approved for benefits under the Senior Citizens and
Persons with Disabilities Property Tax Relief Act, the annual fee for
the registration of the vehicle shall be as provided in Section 3-806.3 of
this Code.
(Source: P.A. 99-143, eff. 7-27-15.) |
(625 ILCS 5/3-684) Sec. 3-684. (Repealed).(Source: P.A. 104-2, eff. 6-16-25. Repealed internally, eff. 1-1-26.) |
(625 ILCS 5/3-685) Sec. 3-685. (Repealed).(Source: P.A. 104-435, eff. 11-21-25. Repealed internally, eff. 1-1-26.) |
(625 ILCS 5/3-686) Sec. 3-686. Distinguished Flying Cross license plates. (a) In addition to any other special license plate, the Secretary, upon receipt of all applicable fees and applications made in the form prescribed by the Secretary of State, may issue Distinguished Flying Cross license plates to residents of Illinois who have been awarded the Distinguished Flying Cross medal by the United States Armed Forces. The special Distinguished Flying Cross plates issued under this Section shall be affixed only to passenger vehicles of the first division, motorcycles, and motor vehicles of the second division weighing not more than 8,000 pounds. Plates issued under this Section shall expire according to the staggered multi-year procedure established by Section 3-414.1 of this Code. (b) The design, color, and format of the plates shall be wholly within the discretion of the Secretary of State. The Secretary may, in his or her discretion, allow the plates to be issued as vanity plates or personalized in accordance with Section 3-405.1 of this Code. The plates are not required to designate "Land Of Lincoln", as prescribed in subsection (b) of Section 3-412 of this Code. The Secretary shall, in his or her discretion, approve and prescribe stickers or decals as provided under Section 3-412. (c) (Blank).
(Source: P.A. 96-655, eff. 1-1-10; 96-1000, eff. 7-2-10; 97-306, eff. 1-1-12.) |
(625 ILCS 5/3-687) Sec. 3-687. International Brotherhood of Teamsters license plate. (a) The Secretary, upon receipt of all applicable fees and applications made in the form prescribed by the Secretary, may issue special registration plates designated as International Brotherhood of Teamsters license plates. The special plates issued under this Section shall be affixed only to passenger vehicles of the first division, motorcycles, autocycles, motor vehicles of the second division weighing not more than 8,000 pounds, and recreational vehicles as defined by Section 1-169 of this Code. Plates issued under this Section shall expire according to the multi-year procedure established by Section 3-414.1 of this Code. (b) The design and color of the plates is wholly within the discretion of the Secretary of State. Appropriate documentation, as determined by the Secretary, shall accompany the application. The Secretary, in his or her discretion, may allow the plates to be issued as vanity or personalized plates under Section 3-405.1 of this Code. The Secretary shall prescribe stickers or decals as provided under Section 3-412 of this Code. (c) An applicant for the special plate shall be charged a $40 fee for original issuance in addition to the appropriate registration fee. Of this fee, $25 shall be deposited into the International Brotherhood of Teamsters Fund and $15 shall be deposited into the Secretary of State Special License Plate Fund, to be used by the Secretary to help defray the administrative processing costs. For each registration renewal period, a $27 fee, in addition to the appropriate registration fee, shall be charged. Of this fee, $25 shall be deposited into the International Brotherhood of Teamsters Fund and $2 shall be deposited into the Secretary of State Special License Plate Fund. (d) The International Brotherhood of Teamsters Fund is created as a special fund in the State treasury. All money in the International Brotherhood of Teamsters Fund shall be paid, subject to appropriation by the General Assembly and distribution by the Secretary of State, as grants to the Teamsters Joint Council 25 Charitable Trust, an independent organization established and registered as a tax exempt entity under Section 501(c)(3) of the Internal Revenue Code, for religious, charitable, scientific, literary, and educational purposes.(Source: P.A. 103-843, eff. 1-1-25.) |
(625 ILCS 5/3-688) Sec. 3-688. Operation Iraqi Freedom License Plates. (a) In addition to any other special license plate, the Secretary, upon receipt of all applicable fees and applications made in the form prescribed by the Secretary of State, may issue Operation Iraqi Freedom license plates to residents of Illinois who meet eligibility requirements prescribed by the Secretary of State. The special Operation Iraqi Freedom plate issued under this Section shall be affixed only to passenger vehicles of the first division, motorcycles, and motor vehicles of the second division weighing not more than 8,000 pounds. Plates issued under this Section shall expire according to the staggered multi-year procedure established by Section 3-414.1 of this Code. (b) The design, color, and format of the plates shall be wholly within the discretion of the Secretary of State. The Secretary may, in his or her discretion, allow the plates to be issued as vanity plates or personalized in accordance with Section 3-405.1 of this Code. The plates are not required to designate "Land Of Lincoln", as prescribed in subsection (b) of Section 3-412 of this Code. The Secretary shall prescribe the eligibility requirements and, in his or her discretion, shall approve and prescribe stickers or decals as provided under Section 3-412. (c) (Blank).
(Source: P.A. 96-747, eff. 1-1-10; 96-1000, eff. 7-2-10; 97-306, eff. 1-1-12.) |
(625 ILCS 5/3-689) Sec. 3-689. Share the Road license plates. (a) In addition to any other special license plate, the Secretary, upon receipt of all applicable fees and applications made in the form prescribed by the Secretary of State, may issue Share the Road license plates. The special Share the Road plate issued under this Section shall be affixed only to passenger vehicles of the first division, motorcycles, autocycles, and motor vehicles of the second division weighing not more than 8,000 pounds. Plates issued under this Section shall expire according to the staggered multi-year procedure established by Section 3-414.1 of this Code. (b) The design, color, and format of the plates shall be wholly within the discretion of the Secretary of State. Appropriate documentation, as determined by the Secretary, must accompany each application. The Secretary, in his or her discretion, shall approve and prescribe stickers or decals as provided under Section 3-412. (c) An applicant for the special plate shall be charged a $22 fee for original issuance in addition to the appropriate registration fee. Of this fee, $17 shall be deposited into the Share the Road Fund and $5 shall be deposited into the Secretary of State Special License Plate Fund, to be used by the Secretary to help defray the administrative processing costs. For each registration renewal period, a $22 fee, in addition to the appropriate registration fee, shall be charged. Of this fee, $20 shall be deposited into the Share the Road Fund and $2 shall be deposited into the Secretary of State Special License Plate Fund. (d) The Share the Road Fund is created as a special fund in the State treasury. All money in the Share the Road Fund shall be paid, subject to appropriation by the General Assembly and distribution by the Secretary, as grants to the League of Illinois Bicyclists, a not for profit corporation, for educational programs instructing bicyclists and motorists how to legally and more safely share the roadways.(Source: P.A. 103-843, eff. 1-1-25.) |
(625 ILCS 5/3-690) Sec. 3-690. (Repealed).(Source: P.A. 104-2, eff. 6-16-25. Repealed internally, eff. 1-1-26.) |
(625 ILCS 5/3-691) Sec. 3-691. Illinois Fraternal Order of Police license plates. (a) The Secretary, upon receipt of an application made in the form prescribed by the Secretary, may issue special registration plates designated as Illinois Fraternal Order of Police license plates to residents of Illinois who are members in good standing of the Fraternal Order of Police-Illinois State Lodge and meet other eligibility requirements prescribed by the Secretary of State. The special plates issued under this Section shall be affixed only to passenger vehicles of the first division, motorcycles, autocycles, and motor vehicles of the second division weighing not more than 8,000 pounds, and recreational vehicles, as defined by Section 1-169 of this Code. Plates issued under this Section shall expire according to the multi-year procedure established by Section 3-414.1 of this Code. (b) The design and color of the plates is wholly within the discretion of the Secretary, except that the Illinois Fraternal Order of Police emblem shall appear on the plates. The Secretary may allow the plates to be issued as vanity plates or personalized under Section 3-405.1 of the Code. The Secretary shall prescribe stickers or decals as provided under Section 3-412 of this Code. The plates are not required to designate "Land of Lincoln" as prescribed in subsection (b) of Section 3-412 of this Code. The Secretary may, in his or her discretion, allow the plates to be issued as vanity or personalized plates in accordance with Section 3-405.1 of this Code. (c) An applicant for the special plate shall be charged a $25 fee for original issuance in addition to the appropriate registration fee. Of this fee, $10 shall be deposited into the Fraternal Order of Police Fund and $15 shall be deposited into the Secretary of State Special License Plate Fund, to be used by the Secretary to help defray the administrative processing costs. For each registration renewal period, a $25 fee, in addition to the appropriate registration fee, shall be charged. Of this fee, $23 shall be deposited into the Fraternal Order of Police Fund and $2 shall be deposited into the Secretary of State Special License Plate Fund. (d) The Fraternal Order of Police Fund is created as a special fund in the State treasury. All moneys in the Fraternal Order of Police Fund shall be paid, subject to appropriation by the General Assembly and distribution by the Secretary, as grants to the Illinois Fraternal Order of Police to increase the efficiency and professionalism of law enforcement officers in Illinois, to educate the public about law enforcement issues, to more firmly establish the public confidence in law enforcement, to create partnerships with the public, and to honor the service of law enforcement officers dedicated to the protection of life and property.(Source: P.A. 103-843, eff. 1-1-25.) |
(625 ILCS 5/3-692) Sec. 3-692. (Repealed).(Source: P.A. 103-843, eff. 1-1-25. Repealed internally, eff. 1-1-25.) |
(625 ILCS 5/3-693)
Sec. 3-693. Women Veteran license plates. (a) In addition to any other special license plate, the Secretary, upon
receipt of all applicable fees and applications made in the form prescribed by
the Secretary of State, may issue Women Veteran license plates to
residents of Illinois who meet eligibility requirements prescribed by the
Secretary of State. The special Women Veteran plate issued under this
Section shall be affixed only to passenger vehicles of the first division,
motorcycles, and motor vehicles of the second division weighing not more than
8,000 pounds. Plates issued under this Section shall expire according to the
staggered multi-year procedure established by Section 3-414.1 of this Code. (b) The design, color, and format of the plates shall be wholly
within the discretion of the Secretary of State. The Secretary may, in his or
her discretion, allow the plates to be issued as vanity or personalized
plates in accordance with Section 3-405.1 of this Code. The Secretary shall prescribe the eligibility requirements
and, in his or her discretion, shall approve and prescribe stickers or decals
as provided under Section 3-412. (c) (Blank).
(Source: P.A. 96-1408, eff. 7-30-10; 97-306, eff. 1-1-12; 97-333, eff. 8-12-11.)
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(625 ILCS 5/3-694) Sec. 3-694. (Repealed).(Source: P.A. 104-435, eff. 11-21-25. Repealed internally, eff. 1-1-26.) |
(625 ILCS 5/3-695) Sec. 3-695. Ducks Unlimited license plates. (a) The Secretary, upon receipt of all applicable fees and applications made in the form prescribed by the Secretary, may issue special registration plates designated as Ducks Unlimited license plates. The special plates issued under this Section shall be affixed only to passenger vehicles of the first division, motorcycles, autocycles, or motor vehicles of the second division weighing not more than 8,000 pounds. Plates issued under this Section shall expire according to the multi-year procedure established by Section 3-414.1 of this Code. (b) The design and color of the special plates shall be wholly within the discretion of the Secretary. Appropriate documentation, as determined by the Secretary, shall accompany each application. The Secretary may allow the plates to be issued as vanity plates or personalized plates under Section 3-405.1 of this Code. The Secretary shall prescribe stickers or decals as provided under Section 3-412 of this Code. (c) An applicant for the special plate shall be charged a $40 fee for original issuance in addition to the appropriate registration fee. Of this fee, $25 shall be deposited into the Ducks Unlimited Fund and $15 shall be deposited into the Secretary of State Special License Plate Fund, to be used by the Secretary to help defray the administrative processing costs. For each registration renewal period, a $27 fee, in addition to the appropriate registration fee, shall be charged. Of this fee, $25 shall be deposited into the Ducks Unlimited Fund and $2 shall be deposited into the Secretary of State Special License Plate Fund. (d) The Ducks Unlimited Fund is created as a special fund in the State treasury. All moneys in the Ducks Unlimited Fund shall be paid, subject to appropriation by the General Assembly and distribution by the Secretary, as grants to Ducks Unlimited, Inc., a tax exempt entity under Section 501(c)(3) of the Internal Revenue Code, to fund wetland protection, enhancement, and restoration projects in the State of Illinois, to fund education and outreach for media, volunteers, members, and the general public regarding waterfowl and wetlands conservation in the State of Illinois, and to cover the reasonable cost for Ducks Unlimited special plate advertising and administration of the wetland conservation projects and education program.(Source: P.A. 103-843, eff. 1-1-25.) |
(625 ILCS 5/3-696) Sec. 3-696. (Repealed).
(Source: P.A. 97-813, eff. 7-13-12. Repealed by P.A. 97-914, eff. 1-1-13.) |
(625 ILCS 5/3-697)
Sec. 3-697. Chicago Police Memorial Foundation license plates.
(a) The Secretary, upon receipt of all applicable fees and applications
made in the form prescribed by the Secretary, may issue special registration
plates designated as Chicago Police Memorial Foundation license plates to active or retired law enforcement officers and their family members, surviving family members of deceased law enforcement officers, and members of or donors to the Chicago Police Memorial Foundation. The special plates issued under this Section shall be affixed only to
passenger vehicles of the first division or motor vehicles of the second
division weighing not more than 8,000 pounds. Plates issued under this Section shall expire according to the multi-year
procedure established by Section 3-414.1 of this Code.
(b) The design and color of the plates is wholly within the discretion of
the Secretary. The
Secretary
may allow the plates to be issued as vanity plates or personalized under
Section
3-405.1 of the Code. Appropriate documentation, as determined by the
Secretary, shall accompany each application. The Secretary shall prescribe stickers or decals as
provided under Section 3-412 of this Code. The Secretary must make a version of the special registration plates authorized under this Section in a form appropriate for motorcycles.
(c) An applicant for the special plate shall be charged a $25 fee for
original issuance in addition to the appropriate registration fee. Of this
fee, $10 shall be deposited into the Chicago Police Memorial Foundation Fund and $15 shall be
deposited into the Secretary of State Special License Plate Fund, to be used by
the Secretary to help defray the administrative processing costs.
For each registration renewal period, a $25 fee, in addition to the
appropriate registration fee, shall be charged. Of this fee, $23 shall be
deposited into the Chicago Police Memorial Foundation Fund and $2 shall be deposited into the
Secretary of State Special License Plate Fund.
(d) The Chicago Police Memorial Foundation Fund is created as a special fund in the State
treasury. All moneys in the Chicago Police Memorial Foundation Fund shall be paid, subject to
appropriation
by the General Assembly
and approval by the Secretary, as grants to the Chicago Police Memorial Foundation for
maintenance of a memorial and park, holding an annual memorial commemoration, giving scholarships to children of police officers killed or catastrophically injured in the line of
duty, providing financial assistance to police officers and their families when a police officer is killed or injured in the line of
duty, and paying the insurance premiums for police officers who are terminally ill.
(Source: P.A. 99-815, eff. 1-1-17.)
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(625 ILCS 5/3-698) Sec. 3-698. U.S. Air Force license plates. (a) The Secretary, upon receipt of all applicable fees and applications made in the form prescribed by the Secretary of State, may issue special registration plates designated as U.S. Air Force license plates to residents of Illinois who meet eligibility requirements prescribed by the Secretary of State. The special plate issued under this Section shall be affixed only to passenger vehicles of the first division, motorcycles, autocycles, motor vehicles of the second division weighing not more than 8,000 pounds, and recreational vehicles as defined by Section 1-169 of this Code. Plates issued under this Section shall expire according to the multi-year procedure established by Section 3-414.1 of this Code. (b) The design, color, and format of the plates shall be wholly within the discretion of the Secretary of State, except that the U.S. Air Force emblem shall appear on the plates. The Secretary may, in his or her discretion, allow the plates to be issued as vanity or personalized plates in accordance with Section 3-405.1 of this Code. The plates are not required to designate "Land Of Lincoln", as prescribed in subsection (b) of Section 3-412 of this Code. The Secretary shall prescribe the eligibility requirements and, in his or her discretion, shall approve and prescribe stickers or decals as provided under Section 3-412. (c) An applicant shall be charged a $20 fee for original issuance in addition to the applicable registration fee. Of this additional fee, $15 shall be deposited into the Secretary of State Special License Plate Fund and $5 shall be deposited into the Octave Chanute Aerospace Heritage Fund. For each registration renewal period, a $20 fee, in addition to the appropriate registration fee, shall be charged. Of this additional fee, $2 shall be deposited into the Secretary of State Special License Plate Fund and $18 shall be deposited into the Octave Chanute Aerospace Heritage Fund. (d) The Octave Chanute Aerospace Heritage Fund is created as a special fund in the State treasury. All moneys in the Octave Chanute Aerospace Heritage Fund shall be paid, subject to appropriation by the General Assembly and approval by the Secretary, as grants to the Rantoul Historical Society and Museum, or any other charitable foundation responsible for the former exhibits and collections of the Chanute Air Museum, for operational and program expenses of the Chanute Air Museum and any other structure housing exhibits and collections of the Chanute Air Museum.(Source: P.A. 103-843, eff. 1-1-25.) |
(625 ILCS 5/3-699) Sec. 3-699. (Repealed).(Source: P.A. 104-435, eff. 11-21-25. Repealed internally, eff. 1-1-26.) |
(625 ILCS 5/3-699.1) Sec. 3-699.1. (Repealed).(Source: P.A. 104-435, eff. 11-21-25. Repealed internally, eff. 1-1-26.) |
(625 ILCS 5/3-699.2) Sec. 3-699.2. Diabetes Awareness license plates. (a) The Secretary, upon receipt of an application made in the form prescribed by the Secretary, may issue special registration plates designated as Diabetes Awareness license plates. The special plates issued under this Section shall be affixed only to passenger vehicles of the first division, motorcycles, autocycles, and motor vehicles of the second division weighing not more than 8,000 pounds. Plates issued under this Section shall expire according to the multi-year procedure established by Section 3-414.1 of this Code. (b) The design and color of the plates is wholly within the discretion of the Secretary of State. The Secretary, in his or her discretion, may allow the plates to be issued as vanity or personalized plates under Section 3-405.1 of this Code. The Secretary shall prescribe stickers or decals as provided under Section 3-412 of this Code. (c) An applicant for the special plate shall be charged a $40 fee for original issuance in addition to the appropriate registration fee. Of this fee, $25 shall be deposited into the Diabetes Research Checkoff Fund and $15 shall be deposited into the Secretary of State Special License Plate Fund, to be used by the Secretary to help defray the administrative processing costs. For each registration renewal period, a $27 fee, in addition to the appropriate registration fee, shall be charged. Of this fee, $25 shall be deposited into the Diabetes Research Checkoff Fund and $2 shall be deposited into the Secretary of State Special License Plate Fund.(Source: P.A. 103-843, eff. 1-1-25.) |
(625 ILCS 5/3-699.3) Sec. 3-699.3. Illinois Nurses license plates. (a) The Secretary, upon receipt of an application made in the form prescribed by the Secretary, may issue special registration plates designated as Illinois Nurses license plates. The special plates issued under this Section shall be affixed only to passenger vehicles of the first division, motorcycles, autocycles, and motor vehicles of the second division weighing not more than 8,000 pounds. Plates issued under this Section shall expire according to the multi-year procedure established by Section 3-414.1 of this Code. (b) The design and color of the plates is wholly within the discretion of the Secretary. The Secretary may allow the plates to be issued as vanity plates or personalized under Section 3-405.1 of the Code. The Secretary shall prescribe stickers or decals as provided under Section 3-412 of this Code. (c) An applicant for the special plate shall be charged a $35 fee for original issuance in addition to the appropriate registration fee. Of this fee, $20 shall be deposited into the Illinois Nurses Foundation Fund and $15 shall be deposited into the Secretary of State Special License Plate Fund, to be used by the Secretary to help defray administrative processing costs. For each registration renewal period, a $22 fee, in addition to the appropriate registration fee, shall be charged. Of this fee, $20 shall be deposited into the Illinois Nurses Foundation Fund and $2 shall be deposited into the Secretary of State Special License Plate Fund. (d) The Illinois Nurses Foundation Fund is created as a special fund in the State treasury. All money in the Illinois Nurses Foundation Fund shall be paid, subject to appropriation by the General Assembly and distribution by the Secretary, as grants to the Illinois Nurses Foundation, to promote the health of the public by advancing the nursing profession in this State.(Source: P.A. 103-843, eff. 1-1-25.) |
(625 ILCS 5/3-699.4) Sec. 3-699.4. (Repealed).(Source: P.A. 104-435, eff. 11-21-25. Repealed internally, eff. 1-1-26.) |
(625 ILCS 5/3-699.5) Sec. 3-699.5. (Repealed).(Source: P.A. 104-435, eff. 11-21-25. Repealed internally, eff. 1-1-26.) |
(625 ILCS 5/3-699.6) Sec. 3-699.6. Alzheimer's Awareness license plates. (a) The Secretary, upon receipt of an application made in the form prescribed by the Secretary, may issue special registration plates designated as Alzheimer's Awareness license plates. The special plates issued under this Section shall be affixed only to passenger vehicles of the first division, motorcycles, autocycles, and motor vehicles of the second division weighing not more than 8,000 pounds. Plates issued under this Section shall expire according to the multi-year procedure established by Section 3-414.1 of this Code. (b) The design and color of the plates is wholly within the discretion of the Secretary. The Secretary may allow the plates to be issued as vanity plates or personalized under Section 3-405.1 of this Code. The Secretary shall prescribe stickers or decals as provided under Section 3-412 of this Code. (c) An applicant for the special plate shall be charged a $25 fee for original issuance in addition to the appropriate registration fee. Of this fee, $10 shall be deposited into the Alzheimer's Awareness Fund and $15 shall be deposited into the Secretary of State Special License Plate Fund, to be used by the Secretary to help defray administrative processing costs. For each registration renewal period, a $25 fee, in addition to the appropriate registration fee, shall be charged. Of this fee, $23 shall be deposited into the Alzheimer's Awareness Fund and $2 shall be deposited into the Secretary of State Special License Plate Fund. (d) The Alzheimer's Awareness Fund is created as a special fund in the State treasury. All money in the Alzheimer's Awareness Fund shall be paid, subject to appropriation by the General Assembly and distribution by the Secretary, as grants to the Alzheimer's Disease and Related Disorders Association, Greater Illinois Chapter, for Alzheimer's care, support, education, and awareness programs.(Source: P.A. 103-843, eff. 1-1-25.) |
(625 ILCS 5/3-699.7) Sec. 3-699.7. Prince Hall Freemasonry plates. (a) The Secretary, upon receipt of all applicable fees and applications made in the form prescribed by the Secretary, may issue special registration plates designated as Prince Hall Freemasonry license plates. The special plates issued under this Section shall be affixed only to passenger vehicles of the first division, motorcycles, autocycles, or motor vehicles of the second division weighing not more than 8,000 pounds. Plates issued under this Section shall expire according to the multi-year procedure established by Section 3-414.1 of this Code. (b) The design and color of the special plates shall be wholly within the discretion of the Secretary. Appropriate documentation, as determined by the Secretary, shall accompany each application. (c) An applicant for the special plate shall be charged a $25 fee for original issuance in addition to the appropriate registration fee. Of this fee, $10 shall be deposited into the Master Mason Fund and $15 shall be deposited into the Secretary of State Special License Plate Fund, to be used by the Secretary to help defray the administrative processing costs. For each registration renewal period, a $25 fee, in addition to the appropriate registration fee, shall be charged. Of this fee, $23 shall be deposited into the Master Mason Fund and $2 shall be deposited into the Secretary of State Special License Plate Fund.(Source: P.A. 103-843, eff. 1-1-25.) |
(625 ILCS 5/3-699.8) Sec. 3-699.8. Illinois Police K-9 Memorial Plates. (a) The Secretary, upon receipt of all applicable fees and applications made in the form prescribed by the Secretary, may issue special registration plates designated as Illinois Police K-9 Memorial license plates. The special plates issued under this Section shall be affixed only to passenger vehicles of the first division, motorcycles, autocycles, or motor vehicles of the second division weighing not more than 8,000 pounds. Plates issued under this Section shall expire according to the multi-year procedure established by Section 3-414.1 of this Code. (b) The design and color of the plates is wholly within the discretion of the Secretary. The Secretary may allow the plates to be issued as vanity plates or personalized under Section 3-405.1 of the Code. Appropriate documentation, as determined by the Secretary, shall accompany each application. The Secretary shall prescribe stickers or decals as provided under Section 3-412 of this Code. (c) An applicant shall be charged a $40 fee for original issuance in addition to the applicable registration fee. Of this additional fee, $15 shall be deposited into the Secretary of State Special License Plate Fund and $25 shall be deposited into the Illinois Police K-9 Memorial Fund. For each registration renewal period, a $27 fee, in addition to the appropriate registration fee, shall be charged. Of this additional fee, $2 shall be deposited into the Secretary of State Special License Plate Fund and $25 shall be deposited into the Illinois Police K-9 Memorial Fund. (d) The Illinois Police K-9 Memorial Fund is created as a special fund in the State treasury. All moneys in the Illinois Police K-9 Memorial Fund shall be paid, subject to appropriation by the General Assembly and distribution by the Secretary, for grants under the Care for Retired Police Dogs Program Act. (e) Notwithstanding the requirements of subsection (a) of Section 3-600, if the Secretary of State has not received 2,000 plate applications to issue the special plate authorized under this Section by January 1, 2028, then the Secretary of State's authority to issue the special plate is nullified and the plate shall not be issued. (f) If the Secretary of State has not received 2,000 plate applications to issue the special plate authorized under this Section by January 1, 2028, then the provisions of this Section, other than this subsection (f), are inoperative after January 1, 2028. (Source: P.A. 103-843, eff. 1-1-25; 104-276, eff. 1-1-26.) |
(625 ILCS 5/3-699.9) Sec. 3-699.9. (Repealed).(Source: P.A. 104-435, eff. 11-21-25. Repealed internally, eff. 1-1-26.) |
(625 ILCS 5/3-699.10) Sec. 3-699.10. (Repealed). (Source: P.A. 104-435, eff. 11-21-25. Repealed internally, eff. 1-1-26.) |
(625 ILCS 5/3-699.11) Sec. 3-699.11. Retired Law Enforcement license plates. (a) The Secretary, upon receipt of an application made in the form prescribed by the Secretary, may issue special registration plates designated as Retired Law Enforcement license plates to residents of Illinois who meet eligibility requirements prescribed by the Secretary of State. The special plates issued under this Section shall be affixed only to passenger vehicles of the first division, motorcycles, autocycles, and motor vehicles of the second division weighing not more than 8,000 pounds. Plates issued under this Section shall expire according to the multi-year procedure established by Section 3-414.1 of this Code. (b) The design and color of the plates is wholly within the discretion of the Secretary. The Secretary may allow the plates to be issued as vanity plates or personalized under Section 3-405.1 of the Code. The Secretary shall prescribe stickers or decals as provided under Section 3-412 of this Code. (c) An applicant for the special plate shall be charged a $25 fee for original issuance in addition to the appropriate registration fee. Of this fee, $10 shall be deposited into the Illinois Sheriffs' Association Scholarship and Training Fund and $15 shall be deposited into the Secretary of State Special License Plate Fund, to be used by the Secretary to help defray the administrative processing costs. For each registration renewal period, a $25 fee, in addition to the appropriate registration fee, shall be charged. Of this fee, $23 shall be deposited into the Illinois Sheriffs' Association Scholarship and Training Fund and $2 shall be deposited into the Secretary of State Special License Plate Fund. (d) The Illinois Sheriffs' Association Scholarship and Training Fund is created as a special fund in the State treasury. All money in the Illinois Sheriffs' Association Scholarship and Training Fund shall be paid, subject to appropriation by the General Assembly and distribution by the Secretary, as grants to the Illinois Sheriffs' Association, for scholarships obtained in a competitive process to attend the Illinois Teen Institute or an accredited college or university, for programs designed to benefit the elderly and teens, and for law enforcement training.(Source: P.A. 103-843, eff. 1-1-25.) |
(625 ILCS 5/3-699.12) Sec. 3-699.12. Legion of Merit plates. The Secretary, upon receipt of an application made in the form prescribed by the Secretary of State, may issue special registration plates designated as Legion of Merit license plates to recipients awarded the Legion of Merit by a branch of the armed forces of the United States who reside in Illinois. The special plates issued pursuant to this Section should be affixed only to passenger vehicles of the 1st division, including motorcycles, or motor vehicles of the 2nd division weighing not more than 8,000 pounds. The Secretary may, in his or her discretion, allow the plates to be issued as vanity or personalized plates in accordance with Section 3-405.1 of this Code. The Secretary of State must make a version of the special registration plates authorized under this Section in a form appropriate for motorcycles. The design and color of such plates shall be wholly within the discretion of the Secretary of State. No registration fee, including the fees established under Section 3-806 of this Code, shall be charged for the issuance or renewal of any plates issued under this Section.
(Source: P.A. 98-406, eff. 1-1-14; 98-756, eff. 7-16-14.) |
(625 ILCS 5/3-699.13) Sec. 3-699.13. Illinois State Police Memorial Park license plates. (a) The Secretary, upon receipt of an application made in the form prescribed by the Secretary of State, may issue special registration plates designated as Illinois State Police Memorial Park license plates to active or retired law enforcement officers or their family members, surviving family members of deceased law enforcement officers, and members of or donors to the Illinois State Police Heritage Foundation. The special plates issued under this Section shall be affixed only to passenger vehicles of the first division, motorcycles over 150cc, or motor vehicles of the second division weighing not more than 8,000 pounds. Plates issued under this Section shall expire according to the multi-year procedure established by Section 3-414.1 of this Code.
(b) The design and color of the plates shall be wholly within the discretion of the Secretary of State. The Secretary may, in his or her discretion, allow the plates to be issued as vanity or personalized plates in accordance with Section 3-405.1 of this Code. The Secretary shall prescribe stickers or decals as provided under Section 3-412 of this Code. (c) An applicant shall be charged a $25 fee for original issuance in addition to the appropriate registration fee, if applicable. Of this fee, $10 shall be deposited into the Illinois State Police Memorial Park Fund and $15 shall be deposited into the Secretary of State Special License Plate Fund. For each registration renewal period, a $25 fee, in addition to the appropriate registration fee, shall be charged. Of this fee, $23 shall be deposited into the Illinois State Police Memorial Park Fund and $2 shall be deposited into the Secretary of State Special License Plate Fund. (d) The Illinois State Police Memorial Park Fund is created as a special fund in
the State treasury. All moneys in the Illinois State Police Memorial Park Fund shall be
paid, subject to appropriation by the General Assembly and
distribution by the Secretary, as grants to the Illinois State Police Heritage Foundation, Inc. for building and maintaining a memorial and park, holding an annual memorial commemoration, giving scholarships to children of State police officers killed or catastrophically injured in the line of duty, and providing financial assistance to police officers and their families when a police officer is killed or injured in the line of duty.
(Source: P.A. 98-469, eff. 8-16-13; 98-756, eff. 7-16-14; 98-945, eff. 8-15-14.) |
(625 ILCS 5/3-699.14) (Text of Section from P.A. 104-2) Sec. 3-699.14. Universal special license plates. (a) In addition to any other special license plate, the Secretary, upon receipt of all applicable fees and applications made in the form prescribed by the Secretary, may issue Universal special license plates to residents of Illinois on behalf of organizations that have been authorized by the General Assembly to issue decals for Universal special license plates. Appropriate documentation, as determined by the Secretary, shall accompany each application. Authorized organizations shall be designated by amendment to this Section. When applying for a Universal special license plate the applicant shall inform the Secretary of the name of the authorized organization from which the applicant will obtain a decal to place on the plate. The Secretary shall make a record of that organization and that organization shall remain affiliated with that plate until the plate is surrendered, revoked, or otherwise canceled. The authorized organization may charge a fee to offset the cost of producing and distributing the decal, but that fee shall be retained by the authorized organization and shall be separate and distinct from any registration fees charged by the Secretary. No decal, sticker, or other material may be affixed to a Universal special license plate other than a decal authorized by the General Assembly in this Section or a registration renewal sticker. The special plates issued under this Section shall be affixed only to passenger vehicles of the first division, including motorcycles and autocycles, or motor vehicles of the second division weighing not more than 8,000 pounds. Plates issued under this Section shall expire according to the multi-year procedure under Section 3-414.1 of this Code. (b) The design, color, and format of the Universal special license plate shall be wholly within the discretion of the Secretary. Universal special license plates are not required to designate "Land of Lincoln", as prescribed in subsection (b) of Section 3-412 of this Code. The design shall allow for the application of a decal to the plate. Organizations authorized by the General Assembly to issue decals for Universal special license plates shall comply with rules adopted by the Secretary governing the requirements for and approval of Universal special license plate decals. The Secretary may, in his or her discretion, allow Universal special license plates to be issued as vanity or personalized plates in accordance with Section 3-405.1 of this Code. The Secretary of State must make a version of the special registration plates authorized under this Section in a form appropriate for motorcycles and autocycles. (c) When authorizing a Universal special license plate, the General Assembly shall set forth whether an additional fee is to be charged for the plate and, if a fee is to be charged, the amount of the fee and how the fee is to be distributed. When necessary, the authorizing language shall create a special fund in the State treasury into which fees may be deposited for an authorized Universal special license plate. Additional fees may only be charged if the fee is to be paid over to a State agency or to a charitable entity that is in compliance with the registration and reporting requirements of the Charitable Trust Act and the Solicitation for Charity Act. Any charitable entity receiving fees for the sale of Universal special license plates shall annually provide the Secretary of State a letter of compliance issued by the Attorney General verifying that the entity is in compliance with the Charitable Trust Act and the Solicitation for Charity Act. (d) Upon original issuance and for each registration renewal period, in addition to the appropriate registration fee, if applicable, the Secretary shall collect any additional fees, if required, for issuance of Universal special license plates. The fees shall be collected on behalf of the organization designated by the applicant when applying for the plate. All fees collected shall be transferred to the State agency on whose behalf the fees were collected, or paid into the special fund designated in the law authorizing the organization to issue decals for Universal special license plates. All money in the designated fund shall be distributed by the Secretary subject to appropriation by the General Assembly. (e) The following organizations may issue decals for Universal special license plates with the original and renewal fees and fee distribution as follows: (1) The Illinois Department of Natural Resources. (A) Original issuance: $25; with $10 to the | ||
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(B) Renewal: $25; with $23 to the Roadside | ||
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(2) Illinois Veterans' Homes. (A) Original issuance: $26, which shall be | ||
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(B) Renewal: $26, which shall be deposited into | ||
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(3) The Illinois Department of Human Services for | ||
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(A) Original issuance: $25, which shall be | ||
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(B) Renewal: $25, which shall be deposited into | ||
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(4) The Illinois Department of Public Health. (A) Original issuance: $25; with $10 to the | ||
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(B) Renewal: $25; with $23 to the Prostate Cancer | ||
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(5) Horsemen's Council of Illinois. (A) Original issuance: $25; with $10 to the | ||
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(B) Renewal: $25; with $23 to the Horsemen's | ||
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(6) K9s for Veterans, NFP. (A) Original issuance: $25; with $10 to the | ||
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(B) Renewal: $25; with $23 to the Post-Traumatic | ||
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(7) The International Association of Machinists and | ||
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(A) Original issuance: $35; with $20 to the Guide | ||
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(B) Renewal: $25; with $23 going to the Guide | ||
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(8) Local Lodge 701 of the International Association | ||
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(A) Original issuance: $35; with $10 to the Guide | ||
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(B) Renewal: $30; with $13 to the Guide Dogs of | ||
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(9) Illinois Department of Human Services. (A) Original issuance: $25; with $10 to the | ||
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(B) Renewal: $25; with $23 to the Theresa Tracy | ||
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(10) The Illinois Department of Human Services for | ||
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(A) Original issuance: $25; with $10 to the | ||
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(B) Renewal: $25; with $23 to the Developmental | ||
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(11) The Illinois Department of Human Services for | ||
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(A) Original issuance: $25; with $10 to the | ||
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(B) Renewal: $25; with $23 to the Pediatric | ||
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(12) The Department of Veterans' Affairs for Fold of | ||
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(A) Original issuance: $25; with $10 to the Folds | ||
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(B) Renewal: $25; with $23 to the Folds of Honor | ||
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(13) The Illinois chapters of the Experimental | ||
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(A) Original issuance: $25; with $10 to the | ||
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(B) Renewal: $25; with $23 to the Experimental | ||
| ||
(14) The Illinois Department of Human Services for | ||
| ||
(A) Original issuance: $25; with $10 to the Child | ||
| ||
(B) Renewal: $25; with $23 to the Child Abuse | ||
| ||
(15) The Illinois Department of Public Health for | ||
| ||
(A) Original issuance: $25; with $10 to the | ||
| ||
(B) Renewal: $25; with $23 to the Illinois Health | ||
| ||
(16) The Department of Agriculture for Future Farmers | ||
| ||
(A) Original issuance: $25; with $10 to the | ||
| ||
(B) Renewal: $25; with $23 to the Future Farmers | ||
| ||
(17) The Illinois Department of Public Health for | ||
| ||
(A) Original issuance: $25; with $10 to the | ||
| ||
(B) Renewal: $25; with $23 to the Autism | ||
| ||
(18) The Department of Natural Resources for Lyme | ||
| ||
(A) Original issuance: $25; with $10 to the Tick | ||
| ||
(B) Renewal: $25; with $23 to the Tick Research, | ||
| ||
(19) The IBEW Thank a Line Worker decal. (A) Original issuance: $15, which shall be | ||
| ||
(B) Renewal: $2, which shall be deposited into | ||
| ||
(20) An Illinois chapter of the Navy Club for Navy | ||
| ||
(A) Original issuance: $5; which shall be | ||
| ||
(B) Renewal: $18; which shall be deposited into | ||
| ||
(21) An Illinois chapter of the International | ||
| ||
(A) Original issuance: $25; with $10 to the | ||
| ||
(B) Renewal: $25; with $23 to the International | ||
| ||
(22) The 100 Club of Illinois decal. (A) Original issuance: $45; with $30 to the 100 | ||
| ||
(B) Renewal: $27; with $25 to the 100 Club of | ||
| ||
(23) The Illinois USTA/Midwest Youth Tennis | ||
| ||
(A) Original issuance: $40; with $25 to the | ||
| ||
(B) Renewal: $40; with $38 to the Illinois | ||
| ||
(24) The Sons of the American Legion decal. (A) Original issuance: $25; with $10 to the Sons | ||
| ||
(B) Renewal: $25; with $23 to the Sons of the | ||
| ||
(f) The following funds are created as special funds in the State treasury: (1) The Roadside Monarch Habitat Fund. All money in | ||
| ||
(2) The Prostate Cancer Awareness Fund. All money in | ||
| ||
(3) The Horsemen's Council of Illinois Fund. All | ||
| ||
(4) The Post-Traumatic Stress Disorder Awareness | ||
| ||
(5) The Guide Dogs of America Fund. All money in the | ||
| ||
(6) The Mechanics Training Fund. All money in the | ||
| ||
(7) The Theresa Tracy Trot - Illinois CancerCare | ||
| ||
(8) The Developmental Disabilities Awareness Fund. | ||
| ||
(9) The Pediatric Cancer Awareness Fund. All money in | ||
| ||
(10) The Folds of Honor Foundation Fund. All money in | ||
| ||
(11) The Experimental Aircraft Association Fund. All | ||
| ||
(12) The Child Abuse Council of the Quad Cities Fund. | ||
| ||
(13) The Illinois Health Care Workers Benefit Fund. | ||
| ||
(14) The Future Farmers of America Fund. All money in | ||
| ||
(15) The Tick Research, Education, and Evaluation | ||
| ||
(16) The Navy Club Fund. All money in the Navy Club | ||
| ||
(17) The International Brotherhood of Electrical | ||
| ||
(18) The 100 Club of Illinois Fund. All money in the | ||
| ||
(19) The Illinois USTA/Midwest Youth Tennis | ||
| ||
(20) The Sons of the American Legion Fund. All money | ||
| ||
(Source: P.A. 103-112, eff. 1-1-24; 103-163, eff. 1-1-24; 103-349, eff. 1-1-24; 103-605, eff. 7-1-24; 103-664, eff. 1-1-25; 103-665, eff. 1-1-25; 103-855, eff. 1-1-25; 103-911, eff. 1-1-25; 103-933, eff. 1-1-25; 104-2, eff. 6-16-25.) (Text of Section from P.A. 104-234) Sec. 3-699.14. Universal special license plates. (a) In addition to any other special license plate, the Secretary, upon receipt of all applicable fees and applications made in the form prescribed by the Secretary, may issue Universal special license plates to residents of Illinois on behalf of organizations that have been authorized by the General Assembly to issue decals for Universal special license plates. Appropriate documentation, as determined by the Secretary, shall accompany each application. Authorized organizations shall be designated by amendment to this Section. When applying for a Universal special license plate the applicant shall inform the Secretary of the name of the authorized organization from which the applicant will obtain a decal to place on the plate. The Secretary shall make a record of that organization and that organization shall remain affiliated with that plate until the plate is surrendered, revoked, or otherwise cancelled. The authorized organization may charge a fee to offset the cost of producing and distributing the decal, but that fee shall be retained by the authorized organization and shall be separate and distinct from any registration fees charged by the Secretary. No decal, sticker, or other material may be affixed to a Universal special license plate other than a decal authorized by the General Assembly in this Section or a registration renewal sticker. The special plates issued under this Section shall be affixed only to passenger vehicles of the first division, including motorcycles and autocycles, or motor vehicles of the second division weighing not more than 8,000 pounds. Plates issued under this Section shall expire according to the multi-year procedure under Section 3-414.1 of this Code. (b) The design, color, and format of the Universal special license plate shall be wholly within the discretion of the Secretary. Universal special license plates are not required to designate "Land of Lincoln", as prescribed in subsection (b) of Section 3-412 of this Code. The design shall allow for the application of a decal to the plate. Organizations authorized by the General Assembly to issue decals for Universal special license plates shall comply with rules adopted by the Secretary governing the requirements for and approval of Universal special license plate decals. The Secretary may, in his or her discretion, allow Universal special license plates to be issued as vanity or personalized plates in accordance with Section 3-405.1 of this Code. The Secretary of State must make a version of the special registration plates authorized under this Section in a form appropriate for motorcycles and autocycles. (c) When authorizing a Universal special license plate, the General Assembly shall set forth whether an additional fee is to be charged for the plate and, if a fee is to be charged, the amount of the fee and how the fee is to be distributed. When necessary, the authorizing language shall create a special fund in the State treasury into which fees may be deposited for an authorized Universal special license plate. Additional fees may only be charged if the fee is to be paid over to a State agency or to a charitable entity that is in compliance with the registration and reporting requirements of the Charitable Trust Act and the Solicitation for Charity Act. Any charitable entity receiving fees for the sale of Universal special license plates shall annually provide the Secretary of State a letter of compliance issued by the Attorney General verifying that the entity is in compliance with the Charitable Trust Act and the Solicitation for Charity Act. (d) Upon original issuance and for each registration renewal period, in addition to the appropriate registration fee, if applicable, the Secretary shall collect any additional fees, if required, for issuance of Universal special license plates. The fees shall be collected on behalf of the organization designated by the applicant when applying for the plate. All fees collected shall be transferred to the State agency on whose behalf the fees were collected, or paid into the special fund designated in the law authorizing the organization to issue decals for Universal special license plates. All money in the designated fund shall be distributed by the Secretary subject to appropriation by the General Assembly. (e) The following organizations may issue decals for Universal special license plates with the original and renewal fees and fee distribution as follows: (1) The Illinois Department of Natural Resources. (A) Original issuance: $25; with $10 to the | ||
| ||
(B) Renewal: $25; with $23 to the Roadside | ||
| ||
(2) Illinois Veterans' Homes. (A) Original issuance: $26, which shall be | ||
| ||
(B) Renewal: $26, which shall be deposited into | ||
| ||
(3) The Illinois Department of Human Services for | ||
| ||
(A) Original issuance: $25, which shall be | ||
| ||
(B) Renewal: $25, which shall be deposited into | ||
| ||
(4) The Illinois Department of Public Health. (A) Original issuance: $25; with $10 to the | ||
| ||
(B) Renewal: $25; with $23 to the Prostate Cancer | ||
| ||
(5) Horsemen's Council of Illinois. (A) Original issuance: $25; with $10 to the | ||
| ||
(B) Renewal: $25; with $23 to the Horsemen's | ||
| ||
(6) K9s for Veterans, NFP. (A) Original issuance: $25; with $10 to the | ||
| ||
(B) Renewal: $25; with $23 to the Post-Traumatic | ||
| ||
(7) The International Association of Machinists and | ||
| ||
(A) Original issuance: $35; with $20 to the Guide | ||
| ||
(B) Renewal: $25; with $23 going to the Guide | ||
| ||
(8) Local Lodge 701 of the International Association | ||
| ||
(A) Original issuance: $35; with $10 to the Guide | ||
| ||
(B) Renewal: $30; with $13 to the Guide Dogs of | ||
| ||
(9) Illinois Department of Human Services. (A) Original issuance: $25; with $10 to the | ||
| ||
(B) Renewal: $25; with $23 to the Theresa Tracy | ||
| ||
(10) The Illinois Department of Human Services for | ||
| ||
(A) Original issuance: $25; with $10 to the | ||
| ||
(B) Renewal: $25; with $23 to the Developmental | ||
| ||
(11) The Illinois Department of Human Services for | ||
| ||
(A) Original issuance: $25; with $10 to the | ||
| ||
(B) Renewal: $25; with $23 to the Pediatric | ||
| ||
(12) The Department of Veterans Affairs for Fold of | ||
| ||
(A) Original issuance: $25; with $10 to the Folds | ||
| ||
(B) Renewal: $25; with $23 to the Folds of Honor | ||
| ||
(13) The Illinois chapters of the Experimental | ||
| ||
(A) Original issuance: $25; with $10 to the | ||
| ||
(B) Renewal: $25; with $23 to the Experimental | ||
| ||
(14) The Illinois Department of Human Services for | ||
| ||
(A) Original issuance: $25; with $10 to the Child | ||
| ||
(B) Renewal: $25; with $23 to the Child Abuse | ||
| ||
(15) The Illinois Department of Public Health for | ||
| ||
(A) Original issuance: $25; with $10 to the | ||
| ||
(B) Renewal: $25; with $23 to the Illinois Health | ||
| ||
(16) The Department of Agriculture for Future Farmers | ||
| ||
(A) Original issuance: $25; with $10 to the | ||
| ||
(B) Renewal: $25; with $23 to the Future Farmers | ||
| ||
(17) The Illinois Department of Public Health for | ||
| ||
(A) Original issuance: $25; with $10 to the | ||
| ||
(B) Renewal: $25; with $23 to the Autism | ||
| ||
(18) The Department of Natural Resources for Lyme | ||
| ||
(A) Original issuance: $25; with $10 to the Tick | ||
| ||
(B) Renewal: $25; with $23 to the Tick Research, | ||
| ||
(19) The IBEW Thank a Line Worker decal. (A) Original issuance: $15, which shall be | ||
| ||
(B) Renewal: $2, which shall be deposited into | ||
| ||
(20) An Illinois chapter of the Navy Club for Navy | ||
| ||
(A) Original issuance: $5; which shall be | ||
| ||
(B) Renewal: $18; which shall be deposited into | ||
| ||
(21) An Illinois chapter of the International | ||
| ||
(A) Original issuance: $25; with $10 to the | ||
| ||
(B) Renewal: $25; with $23 to the International | ||
| ||
(22) The 100 Club of Illinois decal. (A) Original issuance: $45; with $30 to the 100 | ||
| ||
(B) Renewal: $27; with $25 to the 100 Club of | ||
| ||
(23) The Illinois USTA/Midwest Youth Tennis | ||
| ||
(A) Original issuance: $40; with $25 to the | ||
| ||
(B) Renewal: $40; with $38 to the Illinois | ||
| ||
(24) The Sons of the American Legion decal. (A) Original issuance: $25; with $10 to the Sons | ||
| ||
(B) Renewal: $25; with $23 to the Sons of the | ||
| ||
(f) The following funds are created as special funds in the State treasury: (1) The Roadside Monarch Habitat Fund. All money in | ||
| ||
(2) The Prostate Cancer Awareness Fund. All money in | ||
| ||
(3) The Horsemen's Council of Illinois Fund. All | ||
| ||
(4) The Post-Traumatic Stress Disorder Awareness | ||
| ||
(5) The Guide Dogs of America Fund. All money in the | ||
| ||
(6) The Mechanics Training Fund. All money in the | ||
| ||
(7) The Theresa Tracy Trot - Illinois CancerCare | ||
| ||
(8) The Developmental Disabilities Awareness Fund. | ||
| ||
(9) The Pediatric Cancer Awareness Fund. All money in | ||
| ||
(10) The Folds of Honor Foundation Fund. All money in | ||
| ||
(11) The Experimental Aircraft Association Fund. All | ||
| ||
(12) The Child Abuse Council of the Quad Cities Fund. | ||
| ||
(13) The Illinois Health Care Workers Benefit Fund. | ||
| ||
(14) The Future Farmers of America Fund. All money in | ||
| ||
(15) The Tick Research, Education, and Evaluation | ||
| ||
(16) The Navy Club Fund. All money in the Navy Club | ||
| ||
(17) The International Brotherhood of Electrical | ||
| ||
(18) The 100 Club of Illinois Fund. All money in the | ||
| ||
(19) The Illinois USTA/Midwest Youth Tennis | ||
| ||
(20) The Sons of the American Legion Fund. All money | ||
| ||
(Source: P.A. 103-112, eff. 1-1-24; 103-163, eff. 1-1-24; 103-349, eff. 1-1-24; 103-605, eff. 7-1-24; 103-664, eff. 1-1-25; 103-665, eff. 1-1-25; 103-855, eff. 1-1-25; 103-911, eff. 1-1-25; 103-933, eff. 1-1-25; 104-234, eff. 8-15-25.) (Text of Section from P.A. 104-417) Sec. 3-699.14. Universal special license plates. (a) In addition to any other special license plate, the Secretary, upon receipt of all applicable fees and applications made in the form prescribed by the Secretary, may issue Universal special license plates to residents of Illinois on behalf of organizations that have been authorized by the General Assembly to issue decals for Universal special license plates. Appropriate documentation, as determined by the Secretary, shall accompany each application. Authorized organizations shall be designated by amendment to this Section. When applying for a Universal special license plate the applicant shall inform the Secretary of the name of the authorized organization from which the applicant will obtain a decal to place on the plate. The Secretary shall make a record of that organization and that organization shall remain affiliated with that plate until the plate is surrendered, revoked, or otherwise cancelled. The authorized organization may charge a fee to offset the cost of producing and distributing the decal, but that fee shall be retained by the authorized organization and shall be separate and distinct from any registration fees charged by the Secretary. No decal, sticker, or other material may be affixed to a Universal special license plate other than a decal authorized by the General Assembly in this Section or a registration renewal sticker. The special plates issued under this Section shall be affixed only to passenger vehicles of the first division, including motorcycles and autocycles, or motor vehicles of the second division weighing not more than 8,000 pounds. Plates issued under this Section shall expire according to the multi-year procedure under Section 3-414.1 of this Code. (b) The design, color, and format of the Universal special license plate shall be wholly within the discretion of the Secretary. Universal special license plates are not required to designate "Land of Lincoln", as prescribed in subsection (b) of Section 3-412 of this Code. The design shall allow for the application of a decal to the plate. Organizations authorized by the General Assembly to issue decals for Universal special license plates shall comply with rules adopted by the Secretary governing the requirements for and approval of Universal special license plate decals. The Secretary may, in his or her discretion, allow Universal special license plates to be issued as vanity or personalized plates in accordance with Section 3-405.1 of this Code. The Secretary of State must make a version of the special registration plates authorized under this Section in a form appropriate for motorcycles and autocycles. (c) When authorizing a Universal special license plate, the General Assembly shall set forth whether an additional fee is to be charged for the plate and, if a fee is to be charged, the amount of the fee and how the fee is to be distributed. When necessary, the authorizing language shall create a special fund in the State treasury into which fees may be deposited for an authorized Universal special license plate. Additional fees may only be charged if the fee is to be paid over to a State agency or to a charitable entity that is in compliance with the registration and reporting requirements of the Charitable Trust Act and the Solicitation for Charity Act. Any charitable entity receiving fees for the sale of Universal special license plates shall annually provide the Secretary of State a letter of compliance issued by the Attorney General verifying that the entity is in compliance with the Charitable Trust Act and the Solicitation for Charity Act. (d) Upon original issuance and for each registration renewal period, in addition to the appropriate registration fee, if applicable, the Secretary shall collect any additional fees, if required, for issuance of Universal special license plates. The fees shall be collected on behalf of the organization designated by the applicant when applying for the plate. All fees collected shall be transferred to the State agency on whose behalf the fees were collected, or paid into the special fund designated in the law authorizing the organization to issue decals for Universal special license plates. All money in the designated fund shall be distributed by the Secretary subject to appropriation by the General Assembly. (e) The following organizations may issue decals for Universal special license plates with the original and renewal fees and fee distribution as follows: (1) The Illinois Department of Natural Resources. (A) Original issuance: $25; with $10 to the | ||
| ||
(B) Renewal: $25; with $23 to the Roadside | ||
| ||
(2) Illinois Veterans' Homes. (A) Original issuance: $26, which shall be | ||
| ||
(B) Renewal: $26, which shall be deposited into | ||
| ||
(3) The Illinois Department of Human Services for | ||
| ||
(A) Original issuance: $25, which shall be | ||
| ||
(B) Renewal: $25, which shall be deposited into | ||
| ||
(4) The Illinois Department of Public Health. (A) Original issuance: $25; with $10 to the | ||
| ||
(B) Renewal: $25; with $23 to the Prostate Cancer | ||
| ||
(5) Horsemen's Council of Illinois. (A) Original issuance: $25; with $10 to the | ||
| ||
(B) Renewal: $25; with $23 to the Horsemen's | ||
| ||
(6) K9s for Veterans, NFP. (A) Original issuance: $25; with $10 to the | ||
| ||
(B) Renewal: $25; with $23 to the Post-Traumatic | ||
| ||
(7) The International Association of Machinists and | ||
| ||
(A) Original issuance: $35; with $20 to the Guide | ||
| ||
(B) Renewal: $25; with $23 going to the Guide | ||
| ||
(8) Local Lodge 701 of the International Association | ||
| ||
(A) Original issuance: $35; with $10 to the Guide | ||
| ||
(B) Renewal: $30; with $13 to the Guide Dogs of | ||
| ||
(9) Illinois Department of Human Services. (A) Original issuance: $25; with $10 to the | ||
| ||
(B) Renewal: $25; with $23 to the Theresa Tracy | ||
| ||
(10) The Illinois Department of Human Services for | ||
| ||
(A) Original issuance: $25; with $10 to the | ||
| ||
(B) Renewal: $25; with $23 to the Developmental | ||
| ||
(11) The Illinois Department of Human Services for | ||
| ||
(A) Original issuance: $25; with $10 to the | ||
| ||
(B) Renewal: $25; with $23 to the Pediatric | ||
| ||
(12) The Department of Veterans' Affairs for Fold of | ||
| ||
(A) Original issuance: $25; with $10 to the Folds | ||
| ||
(B) Renewal: $25; with $23 to the Folds of Honor | ||
| ||
(13) The Illinois chapters of the Experimental | ||
| ||
(A) Original issuance: $25; with $10 to the | ||
| ||
(B) Renewal: $25; with $23 to the Experimental | ||
| ||
(14) The Illinois Department of Human Services for | ||
| ||
(A) Original issuance: $25; with $10 to the Child | ||
| ||
(B) Renewal: $25; with $23 to the Child Abuse | ||
| ||
(15) The Illinois Department of Public Health for | ||
| ||
(A) Original issuance: $25; with $10 to the | ||
| ||
(B) Renewal: $25; with $23 to the Illinois Health | ||
| ||
(16) The Department of Agriculture for Future Farmers | ||
| ||
(A) Original issuance: $25; with $10 to the | ||
| ||
(B) Renewal: $25; with $23 to the Future Farmers | ||
| ||
(17) The Illinois Department of Public Health for | ||
| ||
(A) Original issuance: $25; with $10 to the | ||
| ||
(B) Renewal: $25; with $23 to the Autism | ||
| ||
(18) The Department of Natural Resources for Lyme | ||
| ||
(A) Original issuance: $25; with $10 to the Tick | ||
| ||
(B) Renewal: $25; with $23 to the Tick Research, | ||
| ||
(19) The IBEW Thank a Line Worker decal. (A) Original issuance: $15, which shall be | ||
| ||
(B) Renewal: $2, which shall be deposited into | ||
| ||
(20) An Illinois chapter of the Navy Club for Navy | ||
| ||
(A) Original issuance: $5; which shall be | ||
| ||
(B) Renewal: $18; which shall be deposited into | ||
| ||
(21) An Illinois chapter of the International | ||
| ||
(A) Original issuance: $25; with $10 to the | ||
| ||
(B) Renewal: $25; with $23 to the International | ||
| ||
(22) The 100 Club of Illinois decal. (A) Original issuance: $45; with $30 to the 100 | ||
| ||
(B) Renewal: $27; with $25 to the 100 Club of | ||
| ||
(23) The Illinois USTA/Midwest Youth Tennis | ||
| ||
(A) Original issuance: $40; with $25 to the | ||
| ||
(B) Renewal: $40; with $38 to the Illinois | ||
| ||
(24) The Sons of the American Legion decal. (A) Original issuance: $25; with $10 to the Sons | ||
| ||
(B) Renewal: $25; with $23 to the Sons of the | ||
| ||
(f) The following funds are created as special funds in the State treasury: (1) The Roadside Monarch Habitat Fund. All money in | ||
| ||
(2) The Prostate Cancer Awareness Fund. All money in | ||
| ||
(3) The Horsemen's Council of Illinois Fund. All | ||
| ||
(4) The Post-Traumatic Stress Disorder Awareness | ||
| ||
(5) The Guide Dogs of America Fund. All money in the | ||
| ||
(6) The Mechanics Training Fund. All money in the | ||
| ||
(7) The Theresa Tracy Trot - Illinois CancerCare | ||
| ||
(8) The Developmental Disabilities Awareness Fund. | ||
| ||
(9) The Pediatric Cancer Awareness Fund. All money in | ||
| ||
(10) The Folds of Honor Foundation Fund. All money in | ||
| ||
(11) The Experimental Aircraft Association Fund. All | ||
| ||
(12) The Child Abuse Council of the Quad Cities Fund. | ||
| ||
(13) The Illinois Health Care Workers Benefit Fund. | ||
| ||
(14) The Future Farmers of America Fund. All money in | ||
| ||
(15) The Tick Research, Education, and Evaluation | ||
| ||
(16) The Navy Club Fund. All money in the Navy Club | ||
| ||
(17) The International Brotherhood of Electrical | ||
| ||
(18) The 100 Club of Illinois Fund. All money in the | ||
| ||
(19) The Illinois USTA/Midwest Youth Tennis | ||
| ||
(20) The Sons of the American Legion Fund. All money | ||
| ||
(Source: P.A. 103-112, eff. 1-1-24; 103-163, eff. 1-1-24; 103-349, eff. 1-1-24; 103-605, eff. 7-1-24; 103-664, eff. 1-1-25; 103-665, eff. 1-1-25; 103-855, eff. 1-1-25; 103-911, eff. 1-1-25; 103-933, eff. 1-1-25; 104-417, eff. 8-15-25.) (Text of Section from P.A. 104-435) Sec. 3-699.14. Universal special license plates. (a) In addition to any other special license plate, the Secretary, upon receipt of all applicable fees and applications made in the form prescribed by the Secretary, may issue Universal special license plates to residents of Illinois on behalf of organizations that have been authorized by the General Assembly to issue decals for Universal special license plates. Appropriate documentation, as determined by the Secretary, shall accompany each application. Authorized organizations shall be designated by amendment to this Section. When applying for a Universal special license plate the applicant shall inform the Secretary of the name of the authorized organization from which the applicant will obtain a decal to place on the plate. The Secretary shall make a record of that organization and that organization shall remain affiliated with that plate until the plate is surrendered, revoked, or otherwise cancelled. The authorized organization may charge a fee to offset the cost of producing and distributing the decal, but that fee shall be retained by the authorized organization and shall be separate and distinct from any registration fees charged by the Secretary. No decal, sticker, or other material may be affixed to a Universal special license plate other than a decal authorized by the General Assembly in this Section or a registration renewal sticker. The special plates issued under this Section shall be affixed only to passenger vehicles of the first division, including motorcycles and autocycles, or motor vehicles of the second division weighing not more than 8,000 pounds. Plates issued under this Section shall expire according to the multi-year procedure under Section 3-414.1 of this Code. (b) The design, color, and format of the Universal special license plate shall be wholly within the discretion of the Secretary. Universal special license plates are not required to designate "Land of Lincoln", as prescribed in subsection (b) of Section 3-412 of this Code. The design shall allow for the application of a decal to the plate. Organizations authorized by the General Assembly to issue decals for Universal special license plates shall comply with rules adopted by the Secretary governing the requirements for and approval of Universal special license plate decals. The Secretary may, in his or her discretion, allow Universal special license plates to be issued as vanity or personalized plates in accordance with Section 3-405.1 of this Code. The Secretary of State must make a version of the special registration plates authorized under this Section in a form appropriate for motorcycles and autocycles. (c) When authorizing a Universal special license plate, the General Assembly shall set forth whether an additional fee is to be charged for the plate and, if a fee is to be charged, the amount of the fee and how the fee is to be distributed. When necessary, the authorizing language shall create a special fund in the State treasury into which fees may be deposited for an authorized Universal special license plate. Additional fees may only be charged if the fee is to be paid over to a State agency or to a charitable entity that is in compliance with the registration and reporting requirements of the Charitable Trust Act and the Solicitation for Charity Act. Any charitable entity receiving fees for the sale of Universal special license plates shall annually provide the Secretary of State a letter of compliance issued by the Attorney General verifying that the entity is in compliance with the Charitable Trust Act and the Solicitation for Charity Act. (d) Upon original issuance and for each registration renewal period, in addition to the appropriate registration fee, if applicable, the Secretary shall collect any additional fees, if required, for issuance of Universal special license plates. The fees shall be collected on behalf of the organization designated by the applicant when applying for the plate. All fees collected shall be transferred to the State agency on whose behalf the fees were collected, or paid into the special fund designated in the law authorizing the organization to issue decals for Universal special license plates. All money in the designated fund shall be distributed by the Secretary subject to appropriation by the General Assembly. (e) The following organizations may issue decals for Universal special license plates with the original and renewal fees and fee distribution as follows: (1) The Illinois Department of Natural Resources. (A) Original issuance: $25; with $10 to the | ||
| ||
(B) Renewal: $25; with $23 to the Roadside | ||
| ||
(2) Illinois Veterans' Homes. (A) Original issuance: $26, which shall be | ||
| ||
(B) Renewal: $26, which shall be deposited into | ||
| ||
(3) The Illinois Department of Human Services for | ||
| ||
(A) Original issuance: $25, which shall be | ||
| ||
(B) Renewal: $25, which shall be deposited into | ||
| ||
(4) (Blank). (5) (Blank). (6) K9s for Veterans, NFP. (A) Original issuance: $25; with $10 to the | ||
| ||
(B) Renewal: $25; with $23 to the Post-Traumatic | ||
| ||
(7) The International Association of Machinists and | ||
| ||
(A) Original issuance: $35; with $20 to the Guide | ||
| ||
(B) Renewal: $25; with $23 going to the Guide | ||
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(8) Local Lodge 701 of the International Association | ||
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(A) Original issuance: $35; with $10 to the Guide | ||
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(B) Renewal: $30; with $13 to the Guide Dogs of | ||
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(9) (Blank). (10) (Blank). (11) The Illinois Department of Human Services for | ||
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(A) Original issuance: $25; with $10 to the | ||
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(B) Renewal: $25; with $23 to the Pediatric | ||
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(12) The Department of Veterans' Affairs for Fold of | ||
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(A) Original issuance: $25; with $10 to the Folds | ||
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(B) Renewal: $25; with $23 to the Folds of Honor | ||
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(13) The Illinois chapters of the Experimental | ||
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(A) Original issuance: $25; with $10 to the | ||
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(B) Renewal: $25; with $23 to the Experimental | ||
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(14) The Illinois Department of Human Services for | ||
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(A) Original issuance: $25; with $10 to the Child | ||
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(B) Renewal: $25; with $23 to the Child Abuse | ||
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(15) The Illinois Department of Public Health for | ||
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(A) Original issuance: $25; with $10 to the | ||
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(B) Renewal: $25; with $23 to the Illinois Health | ||
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(16) The Department of Agriculture for Future Farmers | ||
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(A) Original issuance: $25; with $10 to the | ||
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(B) Renewal: $25; with $23 to the Future Farmers | ||
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(17) The Illinois Department of Public Health for | ||
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(A) Original issuance: $25; with $10 to the | ||
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(B) Renewal: $25; with $23 to the Autism | ||
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(18) The Department of Natural Resources for Lyme | ||
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(A) Original issuance: $25; with $10 to the Tick | ||
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(B) Renewal: $25; with $23 to the Tick Research, | ||
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(19) The IBEW Thank a Line Worker decal. (A) Original issuance: $15, which shall be | ||
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(B) Renewal: $2, which shall be deposited into | ||
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(20) An Illinois chapter of the Navy Club for Navy | ||
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(A) Original issuance: $5; which shall be | ||
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(B) Renewal: $18; which shall be deposited into | ||
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(21) An Illinois chapter of the International | ||
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(A) Original issuance: $25; with $10 to the | ||
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(B) Renewal: $25; with $23 to the International | ||
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(22) The 100 Club of Illinois decal. (A) Original issuance: $45; with $30 to the 100 | ||
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(B) Renewal: $27; with $25 to the 100 Club of | ||
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(23) The Illinois USTA/Midwest Youth Tennis | ||
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(A) Original issuance: $40; with $25 to the | ||
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(B) Renewal: $40; with $38 to the Illinois | ||
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(24) The Sons of the American Legion decal. (A) Original issuance: $25; with $10 to the Sons | ||
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(B) Renewal: $25; with $23 to the Sons of the | ||
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(f) The following funds are created as special funds in the State treasury: (1) The Roadside Monarch Habitat Fund. All money in | ||
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(2) (Blank). (3) (Blank). (4) The Post-Traumatic Stress Disorder Awareness | ||
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(5) The Guide Dogs of America Fund. All money in the | ||
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(6) The Mechanics Training Fund. All money in the | ||
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(7) (Blank). (8) (Blank). (9) The Pediatric Cancer Awareness Fund. All money in | ||
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(10) The Folds of Honor Foundation Fund. All money in | ||
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(11) The Experimental Aircraft Association Fund. All | ||
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(12) The Child Abuse Council of the Quad Cities Fund. | ||
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(13) The Illinois Health Care Workers Benefit Fund. | ||
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(14) The Future Farmers of America Fund. All money in | ||
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(15) The Tick Research, Education, and Evaluation | ||
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(16) The Navy Club Fund. All money in the Navy Club | ||
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(17) The International Brotherhood of Electrical | ||
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(18) The 100 Club of Illinois Fund. All money in the | ||
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(19) The Illinois USTA/Midwest Youth Tennis | ||
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(20) The Sons of the American Legion Fund. All money | ||
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(g) The following funds are dissolved on July 1, 2025: (1) The Prostate Cancer Awareness Fund. (2) The Horsemen's Council of Illinois Fund. (3) The Theresa Tracy Trot-Illinois CancerCare | ||
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(4) The Developmental Disabilities Awareness Fund. (Source: P.A. 103-112, eff. 1-1-24; 103-163, eff. 1-1-24; 103-349, eff. 1-1-24; 103-605, eff. 7-1-24; 103-664, eff. 1-1-25; 103-665, eff. 1-1-25; 103-855, eff. 1-1-25; 103-911, eff. 1-1-25; 103-933, eff. 1-1-25; 104-435, eff. 11-21-25.) |
(625 ILCS 5/3-699.15) Sec. 3-699.15. Coast Guard license plates. (a) The Secretary, upon receipt of all applicable fees and applications made in the form prescribed by the Secretary of State, may issue special registration plates designated as U.S. Coast Guard plates. The special plates issued under this Section shall be affixed only to passenger vehicles of the first division, motorcycles, autocycles, or motor vehicles of the second division weighing not more than 8,000 pounds. Plates under this Section shall expire according to the multi-year procedure established by Section 3-414.1 of this Code. (b) The design and color of the special plates shall be wholly within the discretion of the Secretary. Appropriate documentation, as determined by the Secretary, shall accompany each application. (c) An applicant shall be charged a $26 fee for the original issuance in addition to the appropriate registration fee, if applicable. Of this fee, $11 shall be deposited into the Illinois Veterans' Homes Fund and $15 shall be deposited into the Secretary of State Special License Plate Fund. For each registration renewal period, a $26 fee, in addition to the appropriate registration fee, shall be charged. Of this fee, $24 shall be deposited into the Illinois Veterans' Homes Fund and $2 shall be deposited into the Secretary of State Special License Plate Fund.(Source: P.A. 103-843, eff. 1-1-25.) |
(625 ILCS 5/3-699.16) Sec. 3-699.16. Operation Desert Shield/Desert Storm license plates. (a) The Secretary, upon receipt of an
application made in the form prescribed by the Secretary, may
issue special registration plates designated as Operation Desert Shield/Desert Storm license plates to any Illinois resident who has earned the Southwest Asia Service Medal from the United States Armed Forces. The special plates issued under
this Section may be affixed only to passenger vehicles of the first
division, motorcycles, or motor vehicles of the second division weighing not more
than
8,000 pounds. Plates issued under this Section shall expire according to the staggered multi-year procedure established by Section 3-414.1 of this Code. (b) The design, color, and format of the plates shall be wholly within the discretion of the Secretary. Appropriate documentation, as
determined by the Secretary, and the appropriate registration
fee shall accompany the application. The Secretary may, in his or her discretion, allow the plates to be issued as vanity plates or personalized in accordance with Section 3-405.1 of this Code. The plates are not required to designate "Land of Lincoln", as prescribed in subsection (b) of Section 3-412 of this Code. The Secretary shall, in his or her discretion, approve and prescribe stickers or decals as provided under Section 3-412.
(Source: P.A. 100-820, eff. 8-13-18; 101-81, eff. 7-12-19.) |
(625 ILCS 5/3-699.17) Sec. 3-699.17. Global War on Terrorism license plates. (a) In addition to any other special license plate, the Secretary, upon receipt of all applicable fees and applications made in the form prescribed by the Secretary, may issue Global War on Terrorism license plates to residents of this State who have earned the Global War on Terrorism Expeditionary Medal from the United States Armed Forces. The special Global War on Terrorism plates issued under this Section shall be affixed only to passenger vehicles of the first division, including motorcycles, or motor vehicles of the second division weighing not more than 8,000 pounds. Plates issued under this Section shall expire according to the multi-year procedure under Section 3-414.1 of this Code. (b) The design, color, and format of the Global War on Terrorism license plate shall be wholly within the discretion of the Secretary. The Secretary may, in his or her discretion, allow the Global War on Terrorism license plates to be issued as vanity or personalized plates in accordance with Section 3-405.1 of this Code. Global War on Terrorism license plates are not required to designate "Land of Lincoln", as prescribed in subsection (b) of Section 3-412 of this Code. The Secretary shall, in his or her discretion, approve and prescribe stickers or decals as provided under Section 3-412.
(Source: P.A. 101-51, eff. 7-12-19; 102-558, eff. 8-20-21.) |
(625 ILCS 5/3-699.18)
Sec. 3-699.18. Cold War license plates. (a) In addition to any other special license plate, the Secretary, upon receipt of all applicable fees and applications made in the form prescribed by the Secretary of State, may issue Cold War license plates to residents of Illinois who served in the United States Armed Forces between August 15, 1945 and January 1, 1992. The special Cold War plates issued under this Section shall be affixed only to passenger vehicles of the first division, motorcycles, and motor vehicles of the second division weighing not more than 8,000 pounds. Plates issued under this Section shall expire according to the staggered multi-year procedure established by Section 3-414.1 of this Code. (b) The design, color, and format of the plates shall be wholly within the discretion of the Secretary of State. The Secretary may, in his or her discretion, allow the plates to be issued as vanity plates or personalized in accordance with Section 3-405.1 of this Code. The plates are not required to designate "Land of Lincoln", as prescribed in subsection (b) of Section 3-412 of this Code. The Secretary shall, in his or her discretion, approve and prescribe stickers or decals as provided under Section 3-412.
(Source: P.A. 101-245, eff. 1-1-20; 102-558, eff. 8-20-21.)
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(625 ILCS 5/3-699.19) Sec. 3-699.19. Combat Action Ribbon license plates. (a) The Secretary of State, upon receipt of all applicable fees and applications made in the form prescribed by the Secretary, may issue special registration plates designated as Combat Action Ribbon plates. The special plates issued under this Section shall be affixed only to passenger vehicles of the first division, motorcycles, and motor vehicles of the second division weighing not more than 8,000 pounds. Plates under this Section shall expire according to the multi-year procedure established by Section 3-414.1 of this Code. (b) The plates shall display the Combat Action Ribbon. In all other respects, the design and color of the special plates shall be wholly within the discretion of the Secretary. Appropriate documentation, as determined by the Secretary, shall accompany each application. The Secretary may, in his or her
discretion, allow the plates to be issued as vanity plates or personalized in
accordance with Section 3-405.1 of this Code. The plates are not required to
designate "Land of Lincoln", as prescribed in subsection (b) of Section 3-412
of this Code. The Secretary shall prescribe the eligibility requirements and,
in his or her discretion, shall approve and prescribe stickers or decals as
provided under Section 3-412.
(Source: P.A. 100-812, eff. 8-13-18.) |
(625 ILCS 5/3-699.20) Sec. 3-699.20. Combat Action Badge license plates. (a) The Secretary of State, upon receipt of all applicable fees and applications made in the form prescribed by the Secretary, may issue special registration plates designated as Combat Action Badge plates. The special plates issued under this Section shall be affixed only to passenger vehicles of the first division, motorcycles, and motor vehicles of the second division weighing not more than 8,000 pounds. Plates under this Section shall expire according to the multi-year procedure established by Section 3-414.1 of this Code. (b) The plates shall display the Combat Action Badge. In all other respects, the design and color of the special plates shall be wholly within the discretion of the Secretary. Appropriate documentation, as determined by the Secretary, shall accompany each application. The Secretary may, in his or her
discretion, allow the plates to be issued as vanity plates or personalized in
accordance with Section 3-405.1 of this Code. The plates are not required to
designate "Land of Lincoln", as prescribed in subsection (b) of Section 3-412
of this Code. The Secretary shall prescribe the eligibility requirements and,
in his or her discretion, shall approve and prescribe stickers or decals as
provided under Section 3-412.
(Source: P.A. 100-812, eff. 8-13-18.) |
(625 ILCS 5/3-699.21) Sec. 3-699.21. United Nations Protection Force license plates. (a) In addition to any other special license plate, the Secretary, upon receipt of all applicable fees and applications made in the form prescribed by the Secretary of State, may issue United Nations Protection Force license plates to residents of this State who served in the United Nations Protection Force in Yugoslavia, Somalia, Panama, or Grenada. The special United Nations Protection Force plate issued under this Section shall be affixed only to passenger vehicles of the first division, motorcycles, autocycles, and motor vehicles of the second division weighing not more than 8,000 pounds. Plates issued under this Section shall expire according to the staggered multi-year procedure established by Section 3-414.1 of this Code. (b) The design, color, and format of the plates shall be wholly within the discretion of the Secretary of State. The Secretary may, in his or her discretion, allow the plates to be issued as vanity plates or personalized in accordance with Section 3-405.1 of this Code. The plates are not required to designate "Land of Lincoln", as prescribed in subsection (b) of Section 3-412 of this Code. The Secretary shall approve and prescribe stickers or decals as provided under Section 3-412. (c) An applicant shall be charged a $15 fee for original issuance in addition to the applicable registration fee. This additional fee shall be deposited into the Secretary of State Special License Plate Fund. For each registration renewal period, a $2 fee, in addition to the appropriate registration fee, shall be charged and shall be deposited into the Secretary of State Special License Plate Fund.(Source: P.A. 103-843, eff. 1-1-25; 104-82, eff. 1-1-26.) |
(625 ILCS 5/3-699.22) Sec. 3-699.22. United States Submarine Veterans plates. (a) The Secretary of State, upon receipt of all applicable fees and applications made in the form prescribed by the Secretary, may issue special registration plates designated as United States Submarine Veterans plates to each resident of this State who served in the United States Navy as a submariner. The special plates issued under this Section shall be affixed only to passenger vehicles of the first division, motorcycles, and motor vehicles of the second division weighing not more than 8,000 pounds. Plates under this Section shall expire according to the multi-year procedure established by Section 3-414.1. (b) The plates shall display the United States Submarine Veterans logo and the phrase "Silent Service". In all other respects, the design and color of the special plates shall be wholly within the discretion of the Secretary. Appropriate documentation, as determined by the Secretary, shall accompany each application. The Secretary, in the Secretary's discretion, may allow the plates to be issued as vanity plates or personalized in accordance with Section 3-405.1. The plates are not required to designate "Land of Lincoln", as prescribed in subsection (b) of Section 3-412. The Secretary shall prescribe the eligibility requirements and, in his or her discretion, shall approve and prescribe stickers or decals as provided under Section 3-412.(Source: P.A. 103-130, eff. 1-1-24; 104-417, eff. 8-15-25.) |
(625 ILCS 5/3-699.23) Sec. 3-699.23. Defense Superior Service license plates. (a) The Secretary, upon receipt of an application made in the form prescribed by the Secretary, may issue special registration plates designated as Defense Superior Service license plates to recipients awarded the Defense Superior Service Medal by a branch of the armed forces of the United States who reside in this State. The special plates issued pursuant to this Section shall be affixed only to passenger vehicles of the first division, motorcycles, and motor vehicles of the second division weighing not more than 8,000 pounds. The Secretary may allow the plates to be issued as vanity or personalized plates in accordance with Section 3-405.1 of this Code. The Secretary shall make a version of the special registration plates authorized under this Section in a form appropriate for motorcycles. (b) The plates shall display the Defense Superior Service Medal. In all other respects, the design and color of the plates shall be wholly within the discretion of the Secretary. Appropriate documentation, as determined by the Secretary, shall accompany each application. The Secretary may, in his or her discretion, allow the plates to be issued as vanity plates or personalized in accordance with Section 3-405.1 of this Code. The plates are not required to designate "Land of Lincoln", as prescribed in subsection (b) of Section 3-412 of this Code. The Secretary shall prescribe the eligibility requirements and, in his or her discretion, shall approve and prescribe stickers or decals as provided under Section 3-412. No registration fee, including the fees established under Section 3-806 of this Code, shall be charged for the issuance or renewal of any plates issued under this Section. However, no individual shall be issued more than one pair of plates under this Section for which no fee is required in accordance with Section 3-806.2. (Source: P.A. 103-673, eff. 1-1-25.) |
(625 ILCS 5/3-699.24) Sec. 3-699.24. Defense Distinguished Service license plates. (a) The Secretary, upon receipt of an application made in the form prescribed by the Secretary, may issue special registration plates designated as Defense Distinguished Service license plates to recipients awarded the Defense Superior Service Medal by a branch of the armed forces of the United States who reside in this State. The special plates issued pursuant to this Section shall be affixed only to passenger vehicles of the first division, motorcycles, and motor vehicles of the second division weighing not more than 8,000 pounds. The Secretary may allow the plates to be issued as vanity or personalized plates in accordance with Section 3-405.1 of this Code. The Secretary shall make a version of the special registration plates authorized under this Section in a form appropriate for motorcycles. (b) The plates shall display the Defense Distinguished Service Medal. In all other respects, the design and color of the plates shall be wholly within the discretion of the Secretary. Appropriate documentation, as determined by the Secretary, shall accompany each application. The Secretary may, in his or her discretion, allow the plates to be issued as vanity plates or personalized in accordance with Section 3-405.1 of this Code. The plates are not required to designate "Land of Lincoln", as prescribed in subsection (b) of Section 3-412 of this Code. The Secretary shall prescribe the eligibility requirements and, in his or her discretion, shall approve and prescribe stickers or decals as provided under Section 3-412. No registration fee, including the fees established under Section 3-806 of this Code, shall be charged for the issuance or renewal of any plates issued under this Section. However, no individual shall be issued more than one pair of plates under this Section for which no fee is required in accordance with Section 3-806.2. (Source: P.A. 103-673, eff. 1-1-25.) |
(625 ILCS 5/3-699.25) Sec. 3-699.25. Air Force Combat Action Medal license plates. (a) In addition to any other special license plate, the Secretary, upon receipt of all applicable fees and applications made in the form prescribed by the Secretary of State, may issue Air Force Combat Action Medal license plates to residents of this State who have been awarded the Air Force Combat Action Medal. The special Air Force Combat Action Medal plate issued under this Section shall be affixed only to passenger vehicles of the first division, motorcycles, and motor vehicles of the second division weighing not more than 8,000 pounds. Plates issued under this Section shall expire according to the staggered multi-year procedure established by Section 3-414.1. (b) The plates shall display the Air Force Combat Action Medal. In all other respects, the design, color, and format of the special plates shall be wholly within the discretion of the Secretary. The Secretary may, in the Secretary's own discretion, allow the plates to be issued as vanity plates or personalized in accordance with Section 3-405.1 of this Code. The plates are not required to designate "Land of Lincoln", as prescribed in subsection (b) of Section 3-412. The Secretary shall prescribe the eligibility requirements and, in the Secretary's own discretion, shall approve and prescribe stickers or decals as provided under Section 3-412.(Source: P.A. 103-660, eff. 1-1-25; 104-417, eff. 8-15-25.) |
(625 ILCS 5/3-699.26) (Text of Section from P.A. 104-213) Sec. 3-699.26. EMS chief license plates. (a) Beginning with the 2027 registration year, the Secretary, upon receipt of a request from a municipality that operates a fire department or a fire protection district, accompanied by an application and the appropriate fee, may issue, to an emergency medical services (EMS) chief of the municipality or fire protection district, special registration plates designated as EMS chief license plates. The special plates issued under this Section shall be affixed only to passenger vehicles of the first division or motor vehicles of the second division weighing not more than 8,000 pounds that are owned by an EMS chief, a municipality, or a fire protection district. Plates issued under this Section shall expire according to the multiyear procedure established by Section 3-414.1. (b) The design and color of the special plates shall be wholly within the discretion of the Secretary. The plates are not required to designate "Land of Lincoln" as prescribed in subsection (b) of Section 3-412. The Secretary may prescribe rules governing the requirements and approval of the special plates. The fee for this plate for a vehicle owned by an EMS chief shall be the same as the fee prescribed for first division vehicles under Section 3-806. Permanent license plates for EMS vehicles owned by a municipality or fire protection district shall be issued at the fee prescribed in subsection (b) of Section 3-808.1. (c) With the exception of permanently issued plates, upon the resignation, termination, or reassignment to a rank or position other than EMS chief, a person issued plates under this Section shall immediately surrender the license plate to the Secretary of State. The Secretary of State shall have the ability to recover license plates issued under this Section. (d) Plates issued to a vehicle owned by an EMS chief under this Section shall be exempt from the requirements of subsection (a) of Section 3-600. (Source: P.A. 104-213, eff. 1-1-26.) (Text of Section from P.A. 104-214) Sec. 3-699.26. Air Medal license plates. (a) Beginning with the 2027 registration year, the Secretary of State, upon receipt of all applicable fees and applications made in the form prescribed by the Secretary, may issue special registration plates designated as Air Medal plates to residents of the State who have been awarded the Air Medal by the United States Armed Forces. The special plates issued under this Section shall be affixed only to passenger vehicles of the first division, motorcycles, autocycles, and motor vehicles of the second division weighing not more than 8,000 pounds. Plates under this Section shall expire according to the multi-year procedure established by Section 3-414.1 of this Code. (b) The plates shall display the Air Medal. In all other respects, the design and color of the special plates shall be wholly within the discretion of the Secretary. Appropriate documentation, as determined by the Secretary, shall accompany each application. The Secretary may, in his or her discretion, allow the plates to be issued as vanity plates or personalized in accordance with Section 3-405.1 of this Code. The plates are not required to designate "Land of Lincoln", as prescribed in subsection (b) of Section 3-412 of this Code. The Secretary shall prescribe the eligibility requirements and, in his or her discretion, shall approve and prescribe stickers or decals as provided under Section 3-412.(Source: P.A. 104-214, eff. 1-1-26.) (Text of Section from P.A. 104-216) (This Section may contain text from a Public Act with a delayed effective date) Sec. 3-699.26. Armed Forces Expeditionary Medal license plates. (a) In addition to any other special license plate, the Secretary of State, upon receipt of all applicable fees and applications made in the form prescribed by the Secretary, may issue special registration plates registered as Armed Forces Expeditionary license plates to residents of Illinois who have been awarded the Armed Forces Expeditionary Medal for service in the United States Armed Forces after July 1, 1958 and participated in U.S. military operations, U.S. operations in direct support of the United Nations, or U.S. operations of assistance for friendly foreign nations. The special plates issued pursuant to this Section shall be affixed only to passenger vehicles of the first division, motorcycles, and motor vehicles of the second division weighing not more than 8,000 pounds. Plates issued under this Section shall expire according to the staggered multi-year procedure established by Section 3-414.1 of this Code. (b) The design, color, and format of the plates shall be wholly within the discretion of the Secretary. The Secretary may allow the plates to be issued as vanity plates or personalized plates in accordance with Section 3-405.1 of this Code. The plates are not required to designate "Land of Lincoln", as prescribed in subsection (b) of Section 3-412 of this Code. The Secretary shall, in his or her discretion, approve and prescribe stickers or decals as provided under Section 3-412.(Source: P.A. 104-216, eff. 7-1-26.) |
(625 ILCS 5/Ch. 3 Art. VII heading) ARTICLE VII.
OFFENSES AGAINST REGISTRATION AND CERTIFICATE OF TITLE LAWS OR
REVOCATION OF REGISTRATION OR CERTIFICATE OF TITLE
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(625 ILCS 5/3-701) (from Ch. 95 1/2, par. 3-701) Sec. 3-701. Operation of vehicles without evidence of registration - Operation under mileage plates when odometer broken or disconnected. (a) No person shall operate, nor shall an owner knowingly permit to be operated, except as provided in subsection (b) of this Section, a vehicle upon any highway unless there shall be attached thereto and displayed thereon when and as required by law, proper evidence of registration in Illinois, as follows: (1) A vehicle required to be registered in Illinois. | ||
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(2) A vehicle eligible for Reciprocity. A current and | ||
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(3) A vehicle commuting for repairs in Illinois. A | ||
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(b) A person may operate or permit operation of a vehicle upon any highway a vehicle that has been properly registered but does not display a current and valid Illinois registration sticker or digital registration sticker if he or she has proof, in the form of a printed receipt from the Secretary, that he or she registered the vehicle but has not received a new registration sticker or digital registration sticker from the Secretary. This printed proof of registration is valid for 30 days from the expiration of the previous registration sticker's or digital registration sticker's date or 30 days from the purchase date of the new registration sticker or digital registration sticker, whichever occurs later. (c) No person shall operate, nor shall any owner knowingly permit to be operated, any vehicle of the second division for which the owner has made an election to pay the mileage tax in lieu of the annual flat weight tax, at any time when the odometer of such vehicle is broken or disconnected, or is inoperable or not operating.(Source: P.A. 104-105, eff. 8-1-25.) |
(625 ILCS 5/3-702) (from Ch. 95 1/2, par. 3-702)
Sec. 3-702. Operation of vehicle when registration cancelled,
suspended or revoked. (a) No person shall operate, nor shall an owner
knowingly permit to be operated, upon any highway:
(1) A vehicle the registration of which has been | ||
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(2) A vehicle properly registered in another | ||
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(b) No person shall use, nor shall any owner use or knowingly permit the
use of any Illinois registration plate or plates or digital registration plate or plates or registration sticker or digital registration sticker
or any Illinois Reciprocity Permit or Prorate Decal which has
been cancelled, suspended or revoked.
(c) Any violation of this Section is a Class A misdemeanor unless:
1. the registration of the motor vehicle has been | ||
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2. the registration of the motor vehicle has been | ||
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(Source: P.A. 101-395, eff. 8-16-19.)
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(625 ILCS 5/3-703) (from Ch. 95 1/2, par. 3-703)
Sec. 3-703. Improper use of evidences of registration or certificate
of title. No person shall lend to another any certificate of title,
registration card, registration plate or digital registration plate, registration sticker or digital registration sticker, special plate
or permit or other evidences of proper registration issued to him if the
person desiring to borrow the same would not be entitled to the use
thereof, nor shall any person knowingly permit the use of any of the same
by one not entitled thereto, nor shall any person display upon a vehicle
any registration card, registration sticker or digital registration sticker, registration plate or digital registration plate or other
evidences of proper registration not issued for such vehicle or not
otherwise lawfully used thereon under this Code. No person shall duplicate,
alter or attempt to reproduce in any manner a registration plate or digital registration plate or
registration sticker or digital registration sticker issued under this Code. No person shall make
fraudulent use of evidences of registration or certificates of title issued
erroneously by the Secretary of State. No person shall manufacture,
advertise, distribute or sell any certificate of title, registration card,
registration plate or digital registration plate, registration sticker or digital registration sticker, special plate or permit or other
evidences of proper registration which purports to have been issued under
this Code. The Secretary of State may request the Attorney General to seek
a restraining order in the circuit court against any person who violates
this Section by advertising such fraudulent items. Any violation of this
Section is a Class C misdemeanor.
(Source: P.A. 101-395, eff. 8-16-19.)
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(625 ILCS 5/3-704) (from Ch. 95 1/2, par. 3-704) Sec. 3-704. Authority of Secretary of State to suspend or revoke a registration or certificate of title; authority to suspend or revoke the registration of a vehicle. (a) The Secretary of State may suspend or revoke the registration of a vehicle or a certificate of title, registration card, registration sticker or digital registration sticker, registration plate or digital registration plate, disability parking decal or device, or any nonresident or other permit in any of the following events: 1. When the Secretary of State is satisfied that such | ||
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2. When a registered vehicle has been dismantled or | ||
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3. When the Secretary of State determines that any | ||
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4. When a registration card, registration plate or | ||
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5. When the Secretary of State determines that the | ||
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6. When the Secretary of State determines that a | ||
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7. When the Secretary of State determines that an | ||
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8. When the Secretary determines that the vehicle is | ||
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9. When the Secretary determines that the owner of a | ||
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10. When the Secretary of State is so authorized | ||
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11. When the Secretary of State determines that the | ||
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(a-5) The Secretary of State may revoke a certificate of title and registration card and issue a corrected certificate of title and registration card, at no fee to the vehicle owner or lienholder, if there is proof that the vehicle identification number is erroneously shown on the original certificate of title. (b) The Secretary of State may suspend or revoke the registration of a vehicle as follows: 1. When the Secretary of State determines that the | ||
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2. When the Secretary of State determines that a | ||
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3. When the Secretary of State is notified by the | ||
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(c) The Secretary of State may suspend the registration of a vehicle when a court finds that the vehicle was used in a violation of Section 24-3A of the Criminal Code of 1961 or the Criminal Code of 2012 relating to gunrunning. A suspension of registration under this subsection (c) may be for a period of up to 90 days. (d) The Secretary shall deny, suspend, or revoke registration if the applicant fails to disclose material information required, if the applicant has made a materially false statement on the application, if the applicant has applied as a subterfuge for the real party in interest who has been issued a federal out-of-service order, or if the applicant's business is operated by, managed by, or otherwise controlled by or affiliated with a person who is ineligible for registration, including the applicant entity, a relative, family member, corporate officer, or shareholder. The Secretary shall deny, suspend, or revoke registration for either (i) a vehicle if the motor carrier responsible for the safety of the vehicle has been prohibited from operating by the Federal Motor Carrier Safety Administration; or (ii) a carrier whose business is operated by, managed by, or otherwise controlled by or affiliated with a person who is ineligible for registration, which may include the owner, a relative, family member, corporate officer, or shareholder of the carrier.(Source: P.A. 104-133, eff. 1-1-26.) |
(625 ILCS 5/3-704.1)
Sec. 3-704.1. Municipal vehicle tax liability; suspension of registration.
(a) As used in this Section:
(1) "Municipality" means a city, village or | ||
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(2) "Vehicle tax" means a motor vehicle tax and any | ||
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(3) "Vehicle owner" means the registered owner or | ||
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(b) A municipality that imposes a vehicle tax may, by ordinance adopted
under this Section, establish a system whereby the municipality
notifies the Secretary of State of vehicle tax liability and the Secretary
of State suspends the registration of vehicles for which the tax has not
been paid. An ordinance establishing a system must provide for the following:
(1) A first notice for failure to pay a vehicle tax | ||
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(A) The name and address of the vehicle owner.
(B) The registration plate or digital | ||
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(C) The period for which the vehicle tax is due.
(D) The amount of vehicle tax that is due.
(E) A statement that the vehicle owner's | ||
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(F) An explanation of the vehicle owner's | ||
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(2) If a vehicle owner fails to pay the vehicle tax | ||
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(c) An ordinance adopted under this Section must also give the
vehicle owner an opportunity to be heard upon the filing of a timely
petition with the municipality. A vehicle owner may contest the alleged
tax liability either through an adjudication by mail or at an
administrative hearing, at the option of the vehicle owner. The grounds
upon which the liability may be contested may be limited to the following:
(1) The alleged vehicle owner does not own the | ||
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(2) The vehicle is not subject to the vehicle tax by | ||
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(3) The vehicle tax for the period in question has | ||
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At an administrative hearing, the formal or technical rules of evidence
shall not apply. The hearing shall be recorded. The person conducting
the hearing shall have the power to administer oaths and to secure by
subpoena the attendance and testimony of witnesses and the production of
relevant documents.
(d) If a vehicle owner who has been sent a first notice of failure to
pay a vehicle tax and a second notice of impending registration suspension
fails to pay the vehicle tax or to contest successfully the vehicle owner's
liability within the periods specified in the notices, the appropriate
official shall cause a certified report to be sent to the Secretary of
State under subsection (e).
(e) A report of a municipality notifying the Secretary of State of a
vehicle owner's failure to pay a vehicle tax or related fines or penalties
under this Section shall be certified by the appropriate official and
shall contain the following:
(1) The name, last known address, and registration | ||
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(2) The name of the municipality making the report.
(3) A statement that the municipality sent notices as | ||
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(f) Following receipt of the certified report under this Section,
the Secretary of State shall notify the vehicle owner that the vehicle's
registration will be suspended at the end of a reasonable specified period
of time unless the Secretary of State is presented with a notice from the
municipality certifying that the person has paid the necessary vehicle tax,
or that inclusion of that person's name or registration number on the certified
report was in error. The Secretary's notice shall state in substance the
information contained in the certified report from the municipality to the
Secretary, and shall be effective as specified by subsection (c) of Section
6-211 of this Code. The notice shall also inform the person of the person's
right to a hearing under subsection (g).
(g) An administrative hearing with the Office of the Secretary of State
to contest an impending suspension or a suspension made under this
Section may be had upon filing a written request with the Secretary of
State. The filing fee for this hearing shall be $20 to be paid at the time
the request is made.
(1) The scope of any administrative hearing with the | ||
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(A) Whether the report of the appropriate | ||
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(B) Whether the municipality making the certified | ||
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(C) Whether the Secretary of State notified the | ||
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A municipality that files a certified report with the Secretary of State
under this Section shall reimburse the Secretary for all reasonable
costs incurred by the Secretary as a result of the filing of the report,
including but not limited to the costs of providing the notice required
under subsection (f) and the costs incurred by the Secretary in any
hearing conducted with respect to the report under this subsection
and any appeal from that hearing.
(h) After the expiration of the time specified under subsection
(g), the Secretary of State shall, unless the suspension is successfully
contested, suspend the registration of the vehicle until the Secretary
receives notice under subsection (i).
(i) Any municipality making a certified report to the Secretary of State
under this subsection shall notify the Secretary of State, in a form
prescribed by the Secretary, whenever a person named in the certified
report has subsequently paid a vehicle tax or whenever the municipality
determines that the original report was in error. A certified copy of the
notification shall also be given upon request and at no additional charge to
the person named in the report. Upon receipt of the notification or
presentation of a certified copy of the notification by the municipality, the
Secretary of State shall terminate the suspension.
(j) To facilitate enforcement of municipal vehicle tax liability, a municipality may provide by ordinance for a program of vehicle immobilization as provided by Section 11-1430.1 of this Code. (Source: P.A. 100-201, eff. 8-18-17; 101-395, eff. 8-16-19.)
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(625 ILCS 5/3-704.2)
Sec. 3-704.2. Failure to satisfy fines or penalties for toll violations or
evasions; suspension of vehicle registration.
(a) Upon receipt of a certified report, as prescribed by subsection (c) of
this Section, from the Authority stating that the owner of a registered vehicle
has failed to satisfy any fine or penalty resulting from a final order issued
by the Authority relating directly or indirectly to 5 or more toll violations,
toll evasions, or both, the Secretary of State shall suspend
the vehicle registration of the person in
accordance with the procedures set forth in this Section.
(b) Following receipt of the certified report of the Authority as specified
in the Section, the Secretary of State shall notify the person whose name
appears on the certified report that the person's vehicle
registration will be suspended at the end of a specified period
unless the Secretary of State is presented with a notice from the
Authority certifying that the fines or penalties owing the Authority have been
satisfied or that inclusion of that person's name on the certified report was
in error. The Secretary's notice shall state in substance the information
contained in the Authority's certified report to the Secretary, and shall be
effective as specified by subsection (c) of Section 6-211 of this Code.
(c) The report from the Authority notifying the Secretary of unsatisfied
fines
or penalties pursuant to this Section shall be certified and shall contain the
following:
(1) The name, last known address, and driver's | ||
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(2) A statement that the Authority sent a notice of | ||
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(d) The Authority, after making a certified report to the Secretary
pursuant to this Section, shall notify the Secretary, on a form prescribed by
the Secretary, whenever a person named in the certified report has satisfied
the previously reported fines or penalties or whenever the Authority determines
that the original report was in error. A certified copy of the notification
shall also be given upon request and at no additional charge to the person
named therein. Upon receipt of the Authority's notification or presentation of
a certified copy of the notification, the Secretary shall terminate
the suspension.
(e) The Authority shall, by rule, establish procedures for persons to
challenge the accuracy of the certified report made pursuant to this Section.
The
rule shall also provide the grounds for a challenge, which may be
limited to:
(1) the person not having been the owner or lessee of | ||
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(2) the person having already satisfied the fines or | ||
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(f) All notices sent by the Authority to persons involved in administrative
adjudications, hearings, and final orders issued pursuant to rules
implementing subsection (a-5) of Section 10 of the Toll Highway Act shall state, in clear and unambiguous language, the consequences of
failing to satisfy the fines or penalties imposed by the
Authority.
(g) A person may request an administrative hearing to contest an impending
suspension or a
suspension made
pursuant to this Section upon filing a written request with the
Secretary. The filing fee for this hearing is $20, to be paid
at the time of the request. The Authority shall reimburse the Secretary
for all reasonable costs incurred by the Secretary as a result of the
filing of a certified report pursuant to this Section, including, but not
limited to, the costs of providing notice required pursuant to subsection (b)
and the costs incurred
by the Secretary in any hearing conducted with respect to the report pursuant
to this subsection and any appeal from that hearing.
(h) The Secretary and the Authority may promulgate rules to enable
them to carry out their duties under this Section.
(i) The Authority shall cooperate with the Secretary in the
administration of this Section and shall provide the Secretary with any
information the Secretary may deem necessary for these purposes, including
regular and timely access to toll violation enforcement records.
The Secretary shall cooperate with the Authority in the
administration of this Section and shall provide the Authority with any
information the Authority may deem necessary for the purposes of this Section,
including regular and timely access to vehicle registration records. Section
2-123 of this Code shall not apply to the provision of this information, but
the Secretary shall be reimbursed for the cost of providing this information.
(j) For purposes of this Section, the term "Authority" means the
Illinois State Toll Highway Authority.
(Source: P.A. 101-623, eff. 7-1-20.)
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(625 ILCS 5/3-704.3) Sec. 3-704.3. Failure to satisfy fines or penalties for toll bridge violations; suspension of vehicle registration. (a) Notwithstanding any law to the contrary, upon the Secretary's receipt of a report, as described in subsection (b), from a private tolling authority stating that the owner of a registered vehicle has failed to satisfy any fees, fines, charges, or penalties resulting from a final invoice or notice by the private tolling authority relating directly or indirectly to 5 or more toll violations, the Secretary shall suspend the vehicle registration of the person in accordance with the procedures set forth in this Section. (b) The report from the private tolling authority notifying the Secretary of unsatisfied fees, fines, charges, or penalties may be generated by the private tolling authority and received by the Secretary by automated process. The report shall contain the following: (1) The name, last known address, and driver's | ||
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(2) A statement that the private tolling authority | ||
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(c) Following the Secretary's receipt of a report described in subsection (b), the Secretary shall notify the person whose name appears on the report that the person's vehicle registration will be suspended at the end of a specified period unless the Secretary is presented with a notice from the private tolling authority stating that the fees, fines, charges, or penalties owed to the private tolling authority have been satisfied or that inclusion of that person's name on the report described in subsection (b) was in error. The Secretary's notice shall state in substance the information contained in the private tolling authority's report to the Secretary described in subsection (b), and shall be effective as specified by subsection (c) of Section 6-211. (d) The private tolling authority, after making a report to the Secretary described in subsection (b), shall notify the Secretary, on a form prescribed by the Secretary or by automated process, whenever a person named in the report has satisfied the previously reported fees, fines, charges, or penalties or whenever the private tolling authority determines that the original report was in error. A copy of the notification shall also be given upon request and at no additional charge to the person named therein. Upon receipt of the private tolling authority's notification, the Secretary shall lift the suspension. (e) The private tolling authority shall establish procedures for persons to challenge the accuracy of the report described in subsection (b). The procedures shall provide the grounds for a challenge, which may include: (1) the person not having been the owner or lessee of | ||
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(2) the person having already satisfied the fees, | ||
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(f) The Secretary and the Authority may promulgate rules necessary to implement this Section. (g) The Secretary, the Authority, and the private tolling authority shall cooperate with one another in the administration and implementation of this Section. (h) The Secretary shall provide the Authority and the private tolling authority with any information the Authority or the private tolling authority may deem necessary for the purposes of this Section or for the private tolling authority's invoicing, collection, and administrative functions, including regular and timely access to driver's license, vehicle registration, and license plate information, and the Secretary's driver, title, and vehicle record databases. Section 2-123 does not apply to the provision of such information, but the Secretary shall be entitled to reimbursement for its costs in providing such information. (i) The Authority shall provide the Secretary and the private tolling authority with any information the Secretary or the private tolling authority may deem necessary for purposes of this Section or for the private tolling authority's invoicing, collection, and administrative functions, including regular and timely access to toll violation records. (j) As used in this Section: "Authority" means the Illinois State Toll Highway Authority. "Private tolling authority" means the owner, lessee, licensee, or operator of a toll bridge authorized under the Toll Bridge Act. "Secretary" means the Illinois Secretary of State.
(Source: P.A. 101-398, eff. 8-16-19.) |
(625 ILCS 5/3-704.4) Sec. 3-704.4. Failure to satisfy fines or penalties assessed by the Commission; suspension of tow truck registrations. (a) Beginning July 1, 2026, upon receipt of a report pursuant to Section 18d-158, as set forth in subsection (c), from the Commission stating that the owner of a registered tow truck has failed to satisfy any fine or penalty issued by the Commission, the Secretary of State shall suspend all tow truck registrations of the person in accordance with the procedures set forth in this Section. (b) Following receipt of the certified report of the Commission as specified in this Section, the Secretary of State shall notify the person whose name appears on the certified report that the person's tow truck registrations shall be suspended within 30 calendar days unless the Secretary of State is presented with a notice from the Commission certifying that the fines or penalties owing the Commission have been satisfied or that inclusion of that person's name on the certified report was in error. The Secretary's notice shall state in substance the information contained in the Commission's certified report to the Secretary, and shall be effective as specified by subsection (c) of Section 6-211. (c) The report from the Commission notifying the Secretary of unsatisfied fines or penalties pursuant to this Section shall be certified by the Transportation Division Manager, or his or her designee, and shall contain the following: (1) The name and last known address of the person | ||
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(2) A statement that the Commission sent a notice | ||
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(d) The Commission, after making a certified report to the Secretary pursuant to this Section, shall notify the Secretary, on a form prescribed by the Secretary, whenever a person named in the certified report has satisfied the previously reported fines or penalties or whenever the Commission determines that the original report was in error. A certified copy of the notification shall also be given upon request and at no additional charge to the person named therein. Upon receipt of the Commission's notification or presentation of a certified copy of the notification, the Secretary shall terminate the suspension. (e) A person may request an administrative hearing to contest a suspension or impending suspension made pursuant to this Section as authorized under Section 2-118. The Commission may reimburse the Secretary for all reasonable costs incurred by the Secretary as a result of the filing of a certified report pursuant to this Section, including, but not limited to, the costs of providing notice required pursuant to subsection (b) and the costs incurred by the Secretary in any hearing conducted with respect to the report pursuant to this subsection and any appeal from that hearing. (f) The Secretary and the Commission may adopt rules to enable them to carry out their duties under this Section. (g) The Commission shall cooperate with the Secretary in the administration of this Section and shall provide the Secretary with any information the Secretary may deem necessary for these purposes. The Secretary shall cooperate with the Commission in the administration of this Section and shall provide any information that the Commission may deem necessary, subject to the limitations set forth in Section 2-123. (h) For purposes of this Section, "Commission" means the Illinois Commerce Commission.(Source: P.A. 104-133, eff. 1-1-26.) |
(625 ILCS 5/3-705) (from Ch. 95 1/2, par. 3-705)
Sec. 3-705.
Suspending or revoking certificate or special plates of a
manufacturer, engine and driveline component manufacturer, transporter,
repossessor or dealer.
The Secretary of State is also authorized to suspend or revoke a
certificate or the special plates issued to a manufacturer, engine and
driveline component manufacturer, transporter, repossessor or dealer upon
determining that any such person is not lawfully entitled thereto or has
made or knowingly permitted any illegal use of such plates or has committed
fraud in the registration of vehicles or failed to give notices of
transfers when and as required by this Chapter.
(Source: P.A. 76-2139.)
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(625 ILCS 5/3-706) (from Ch. 95 1/2, par. 3-706)
Sec. 3-706. Owner to return evidences of registration upon cancellation,
revocation or suspension.
Whenever the Secretary of State cancels or revokes the registration of a
vehicle or a certificate of
title, registration card, registration sticker or stickers or digital registration sticker or stickers, registration
plate or plates or digital registration plate or plates, or a
nonresident or other permit or the license of any dealer or wrecker, the
owner or person in possession of the same shall immediately return the
evidences of registration, title or license so cancelled or
revoked to the Secretary.
Whenever the Secretary suspends the registration of a vehicle or the
license of any dealer or wrecker, the owner or person in possession of the
same, upon request by the Secretary, shall immediately return all evidence
of the registration or the license so suspended to the Secretary.
(Source: P.A. 101-395, eff. 8-16-19.)
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(625 ILCS 5/3-707) (from Ch. 95 1/2, par. 3-707)
Sec. 3-707. Operation of uninsured motor vehicle - penalty.
(a) No person
shall operate a motor vehicle in this State unless the motor vehicle is covered by a
liability insurance policy in accordance with Section 7-601 of this Code.
(a-5) A person commits the offense of operation of uninsured motor vehicle causing bodily harm when the person: (1) operates a motor vehicle in violation of Section | ||
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(2) causes, as a proximate result of the person's | ||
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(a-6) Uninsured operation of a motor vehicle under subsection (a-5) is a Class A misdemeanor. If a person convicted of the offense of operation of a motor vehicle under subsection (a-5) has previously been convicted of 2 or more violations of subsection (a-5) of this Section or of Section 7-601 of this Code, a fine of $2,500, in addition to any sentence of incarceration, must be imposed. (b) Any person who fails to comply with a request by a law enforcement
officer for display of evidence of insurance, as required under Section
7-602 of this Code, shall be deemed to be operating an uninsured motor vehicle.
(c) Except as provided in subsections (a-6) and (c-5), any operator of a motor vehicle subject to registration under this
Code, or under a similar law of another state,
who is convicted of violating this Section is guilty of a petty
offense and shall be required to pay a fine in excess of $500, but
not more than $1,000, except a person convicted of a third or subsequent violation of this Section shall be guilty of a business offense and shall be required to pay a fine of $1,000. However, no person charged with violating this
Section shall be convicted if such person produces in court satisfactory
evidence that at the time of the arrest the motor vehicle was covered by a
liability insurance policy in accordance with Section 7-601 of this Code.
The chief judge of each circuit may designate an officer of the court to
review the documentation demonstrating that at the time of arrest the motor
vehicle was covered by a liability insurance policy in accordance with Section
7-601 of this Code. (c-1) A person convicted of violating this Section shall also have his or her driver's license, permit, or privileges suspended for 3 months. After the expiration of the 3 months, the person's driver's license, permit, or privileges shall not be reinstated until he or she has paid a reinstatement fee of $100. If a person violates this Section while his or her driver's license, permit, or privileges are suspended under this subsection (c-1), his or her driver's license, permit, or privileges shall be suspended for an additional 6 months and until he or she pays the reinstatement fee.
(c-5) A person who (i) has not previously been convicted of or received a disposition of court supervision for violating this Section and (ii) produces at his or her court appearance satisfactory evidence that the motor vehicle is covered, as of the date of the court appearance, by a liability insurance policy in accordance with Section 7-601 of this Code shall, for a violation of this Section, other than a violation of subsection (a-5), pay a fine of $100 and receive a disposition of court supervision. The person must, on the date that the period of court supervision is scheduled to terminate, produce satisfactory evidence that the vehicle was covered by the required liability insurance policy during the entire period of court supervision. An officer of the court designated under subsection (c) may also review liability insurance documentation under this subsection (c-5) to determine if the motor vehicle is, as of the date of the court appearance, covered by a liability insurance policy in accordance with Section 7-601 of this Code. The officer of the court shall also determine, on the date the period of court supervision is scheduled to terminate, whether the vehicle was covered by the required policy during the entire period of court supervision.
(d) A person convicted a third or subsequent time of violating this
Section or a similar provision of a local ordinance must give proof to the
Secretary of State of the person's financial responsibility as defined in
Section 7-315. The person must maintain the proof in a manner satisfactory to
the Secretary for a minimum period of 3 years after the date the proof is
first filed. The Secretary must suspend the driver's license of any person
determined by the Secretary not to have provided adequate proof of financial
responsibility as required by this subsection.
(Source: P.A. 102-509, eff. 1-1-22.)
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(625 ILCS 5/3-708) (from Ch. 95 1/2, par. 3-708)
Sec. 3-708.
Operation of motor vehicle when registration suspended for
noninsurance. No person shall operate a vehicle the registration of which
is suspended pursuant to Section 7-606 or 7-607 of this Code.
Any person convicted of violating this Section is guilty of a business
offense and shall be required to pay a fine of not less than $1,000 and not
more than $2,000. Any person convicted of a second or subsequent violation of
this Section is guilty of a Class B misdemeanor and shall be required to pay a
fine of not less than $1,000 and not more than $2,000.
(Source: P.A. 90-559, eff. 6-1-98.)
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(625 ILCS 5/3-710) (from Ch. 95 1/2, par. 3-710)
Sec. 3-710.
Display of false insurance card.
No person shall display
evidence of insurance to a law enforcement officer, court, or officer of
the court, knowing there is no
valid liability insurance in effect on the motor vehicle as required under
Section 7-601 of this Code or knowing the evidence of insurance is
illegally altered, counterfeit, or otherwise invalid as evidence of
insurance required under Section 7-602 of this Code. If the law
enforcement officer issues a citation to a motor vehicle operator for
displaying invalid evidence of insurance, the officer shall confiscate the
evidence for presentation in court.
Any person convicted of violating this Section is guilty of a Class A
misdemeanor.
(Source: P.A. 89-565, eff. 7-26-96.)
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(625 ILCS 5/3-711) (from Ch. 95 1/2, par. 3-711)
Sec. 3-711.
Whenever a court convicts a person of a violation of
Section 3-707, 3-708 or 3-710 of this Code, or enters an order placing on
supervision the person charged with the violation, the clerk of the court
within 5 days shall forward a report of the conviction or order of
supervision to the Secretary of State in a form prescribed by the
Secretary. In any case where the person charged with the violation fails to
appear in court, the procedures provided in Section 6-308 of
this Code shall apply.
The Secretary shall keep records of such reports. However, reports of
orders of supervision shall not be released to any outside source, except
the affected driver and law enforcement agencies, and shall be used only to
inform the Secretary and the
courts that such driver previously has been assigned court supervision.
(Source: P.A. 100-674, eff. 1-1-19.)
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(625 ILCS 5/3-712) Sec. 3-712. Improper application for certificate of title or registration; special military plate. (a) Except as provided in Chapter 4 of this Code, relating to anti-theft laws and abandoned vehicles, and except as otherwise provided in subsection (b) of this Section, any person who knowingly provides false information to the Secretary of State on an application for vehicle title or registration is guilty of a Class A misdemeanor and shall be fined not less than $500. (b) Except as provided in Chapter 4 of this Code, relating to anti-theft laws and abandoned vehicles, any person who, for purposes of obtaining or renewing a special license plate designating military decorations, military service, or status as a military veteran, (i) claims to have been awarded a military decoration, knowing that he or she has not been awarded that decoration, or (ii) claims to have the status of active duty military personnel or military veteran, knowing that he or she does not have the status required for the registration for which he or she has applied, is guilty of a Class A misdemeanor and shall be fined not less than $1,000. Of the amounts collected as fines under this subsection (b), 99% shall be deposited into the Illinois Military Family Relief Fund and 1% shall be deposited into the Circuit Court Clerk Operation and Administrative Fund created by the Clerk of the Circuit Court to be used to offset the costs incurred by the Circuit Court Clerk in performing the additional duties required to collect and disburse funds to entities of State and local government as provided by law.
(Source: P.A. 95-291, eff. 1-1-08.) |
(625 ILCS 5/Ch. 3 Art. VIII heading) ARTICLE VIII.
REGISTRATION AND LICENSE FEES
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(625 ILCS 5/3-801) (from Ch. 95 1/2, par. 3-801)
Sec. 3-801. Registration. (a) Except as provided herein for new residents,
every owner of any vehicle which shall be operated upon the public highways
of this State shall, within 24 hours after becoming the owner or at such
time as such vehicle becomes subject to registration under the provisions
of this Act, file in an office of the Secretary of State, an application
for registration properly completed and executed. New residents need not secure
registration until 30 days after establishing residency in this State,
provided the vehicle is properly registered in another jurisdiction. By the
expiration of such 30-day statutory grace period, a new resident shall
comply with the provisions of this Act and apply for Illinois vehicle
registration. All applications for registration shall be accompanied by all
documentation required under the provisions of this Act. The appropriate
registration fees and taxes provided for in this Article of this Chapter
shall be paid to the Secretary of State with the application for
registration of vehicles subject to registration under this Act.
(b) Any resident of this State, who has been serving as a member or as a civilian employee of the
United States Armed Services, or as a civilian employee of the United States Department of Defense, outside of the State of Illinois, need not
secure registration until 45 days after returning to this
State, provided the vehicle displays temporary military registration.
(c) When an application is submitted by mail, the applicant may not
submit cash or postage stamps for payment of fees or taxes due. The
Secretary in his discretion, may decline to accept a personal or company
check or electronic payment in payment of fees or taxes. An application submitted to a dealer, or
a remittance made to the Secretary of State shall be deemed in compliance
with this Section.
(Source: P.A. 99-118, eff. 1-1-16; 99-324, eff. 1-1-16; 99-642, eff. 7-28-16.)
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(625 ILCS 5/3-802) (from Ch. 95 1/2, par. 3-802) Sec. 3-802. Reclassifications and upgrades. (a) Definitions. For the purposes of this Section, the following words shall have the meanings ascribed to them as follows: "Reclassification" means changing the registration of | ||
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"Upgrade" means increasing the registered weight of a | ||
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(b) When reclassing the registration of a vehicle from one plate category to another, the owner shall receive credit for the unused portion of the present plate and be charged the current portion fees for the new plate. In addition, the appropriate replacement plate and replacement sticker fees shall be assessed. (b-5) Any individual who has a registration issued under either Section 3-405 or 3-405.1 that qualifies for a special license plate under Section 3-609, 3-609.1, 3-620, 3-621, 3-622, 3-623, 3-624, 3-625, 3-626, 3-628, 3-638, 3-642, 3-645, 3-647, 3-650, 3-651, 3-664, 3-666, 3-667, 3-668, 3-669, 3-676, 3-677, 3-680, 3-681, 3-683, 3-686, 3-688, 3-693, 3-698, 3-699.12, 3-699.15, 3-699.16, 3-699.17, 3-699.19, 3-699.20, or 3-699.25 may reclass his or her registration upon acquiring a special license plate listed in this subsection (b-5) without a replacement plate or digital plate fee or registration sticker or digital registration sticker cost. (b-10) Any individual who has a special license plate issued under Section 3-609, 3-609.1, 3-620, 3-621, 3-622, 3-623, 3-624, 3-625, 3-626, 3-628, 3-638, 3-642, 3-645, 3-647, 3-650, 3-651, 3-664, 3-666, 3-667, 3-668, 3-669, 3-676, 3-677, 3-680, 3-681, 3-683, 3-686, 3-688, 3-693, 3-698, 3-699.12, 3-699.17, or 3-699.25 may reclass his or her special license plate upon acquiring a new registration under Section 3-405 or 3-405.1 without a replacement plate or digital plate fee or registration sticker or digital registration sticker cost. (c) When upgrading the weight of a registration within the same plate category, the owner shall pay the difference in current period fees between the 2 plates. In addition, the appropriate replacement plate and replacement sticker fees shall be assessed. In the event new plates are not required, the corrected registration card fee shall be assessed. (d) In the event the owner of the vehicle desires to change the registered weight and change the plate category, the owner shall receive credit for the unused portion of the registration fee of the current plate and pay the current portion of the registration fee for the new plate, and in addition, pay the appropriate replacement plate and replacement sticker fees. (e) Reclassing from one plate category to another plate category can be done only once within any registration period. (f) No refunds shall be made in any of the circumstances found in subsection (b), subsection (c), or subsection (d); however, when reclassing from a flat weight plate to an apportioned plate, a refund may be issued if the credit amounts to an overpayment. (g) In the event the registration of a vehicle registered under the mileage tax option is revoked, the owner shall be required to pay the annual registration fee in the new plate category and shall not receive any credit for the mileage plate fees. (h) Certain special interest plates may be displayed on first division vehicles, second division vehicles weighing 8,000 pounds or less, and recreational vehicles. Those plates can be transferred within those vehicle groups. (i) Plates displayed on second division vehicles weighing 8,000 pounds or less and passenger vehicle plates may be reclassed from one division to the other. (j) Other than in subsection (i), reclassing from one division to the other division is prohibited. In addition, a reclass from a motor vehicle to a trailer or a trailer to a motor vehicle is prohibited.(Source: P.A. 103-660, eff. 1-1-25; 104-417, eff. 8-15-25.) |
(625 ILCS 5/3-803) (from Ch. 95 1/2, par. 3-803)
Sec. 3-803. Reductions.
(a) Reduction of fees and taxes prescribed
in this Chapter shall be applicable only to vehicles newly-acquired by
the owner after the beginning of a registration period or which become
subject to registration after the beginning of a registration period as
specified in this Act. The Secretary of State may deny a reduction as
to any vehicle operated in this State without being properly and timely
registered in Illinois under this Chapter, of a vehicle in violation of
any provision of this Chapter, or upon detection of such violation by an
audit, or upon determining that such vehicle was operated in Illinois
before such violation. Bond or other security in the proper amount may
be required by the Secretary of State while the matter is under
investigation. Reductions shall be granted if a person becomes the owner
after the dates specified or if a vehicle becomes subject to
registration under this Act, as amended, after the dates specified.
(b) Vehicles of the First Division. The annual fees and taxes
prescribed by Section 3-806 shall be reduced by 50% on and after June
15, except as provided in Sections 3-414 and 3-802 of this Act.
(c) Vehicles of the Second Division. The annual fees and taxes
prescribed by Sections 3-402, 3-402.1, 3-815 and 3-819 and paid on a calendar
year for such vehicles shall be reduced on a quarterly basis if the vehicle
becomes subject to registration on and after March 31, June
30 or September 30. Where such fees and taxes are payable on a
fiscal year basis, they shall be reduced on a quarterly basis on and after
September 30, December 31 or March 31.
(d) Two-year Registrations. The fees and taxes prescribed by
Section 3-808 for 2-year registrations shall not be reduced in any
event. However, the fees and taxes prescribed for all other 2-year
registrations by this Act, shall be reduced as follows:
By 25% on and after June 15;
By 50% on and after December 15;
By 75% on and after the next ensuing June 15.
(e) The registration fees and taxes imposed upon certain vehicles
shall not be reduced by any amount in any event in the following
instances:
Permits under Sections 3-403 and 3-811;
Governmental or charitable vehicles under Section 3-808;
Farm Machinery under Section 3-809;
Soil and conservation equipment under Section 3-809.1;
Special Plates under Section 3-810;
Permanently mounted equipment under Section 3-812;
Registration fee under Section 3-813;
Semitrailer fees under Section 3-814;
Farm trucks under Section 3-815;
Mileage weight tax option under Section 3-818;
Farm trailers under Section 3-819;
Duplicate plates under Section 3-820;
Fees under Section 3-821;
Search Fees under Section 3-823.
(f) The reductions provided for shall not apply to any vehicle of the
first or second division registered by the same applicant in the prior
registration year.
The changes to this Section made by Public Act 84-210 take effect with the 1986 Calendar Registration Year.
(g) Reductions shall in no event result in payment of a fee or tax less
than $6, and the Secretary of State shall promulgate schedules of fees
reflecting applicable reductions. Where any reduced amount is not stated in
full dollars, the Secretary of State may adjust the amount due to the nearest
full dollar amount.
(h) The reductions provided for in subsections (a) through (g) of this
Section shall not apply to those vehicles of the first or second division
registered on a staggered registration basis.
(i) A vehicle which becomes subject to registration during the last
month of the current registration year is exempt from any applicable reduced
fourth quarter or second semiannual registration fee, and may register for
the subsequent registration year as its initial registration.
This subsection does not include those apportioned and prorated fees
under Sections 3-402 and 3-402.1 of this Code.
(Source: P.A. 100-956, eff. 1-1-19.)
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(625 ILCS 5/3-804) (from Ch. 95 1/2, par. 3-804) Sec. 3-804. Antique vehicles. (a) The owner of an antique vehicle may register such vehicle for a fee not to exceed $6 per registration year. The application for registration must be accompanied by an affirmation of the owner that such vehicle will be driven on the highway only for the purpose of going to and returning from an antique auto show or an exhibition, or for servicing or demonstration and also affirming that the mechanical condition, physical condition, brakes, lights, glass, and appearance of such vehicle is the same or as safe as originally equipped. The Secretary may, in his discretion, prescribe that antique vehicle plates be issued for a definite or an indefinite term, such term to correspond to the term of registration plates issued generally, as provided in Section 3-414.1. Any person requesting antique plates under this Section may also apply to have vanity or personalized plates as provided under Section 3-405.1. (b) Any person who is the registered owner of an antique vehicle may display a historical Illinois-issued license plate that represents the model year of the vehicle, furnished by such person, in lieu of the current and valid Illinois antique vehicle plates issued thereto, provided that valid and current Illinois antique vehicle plates and registration card issued to such antique vehicle are simultaneously carried within such vehicle and are available for inspection.(Source: P.A. 103-706, eff. 1-1-25; 104-105, eff. 8-1-25; 104-417, eff. 8-15-25.) |
(625 ILCS 5/3-804.01) Sec. 3-804.01. Expanded-use antique vehicles. (a) The owner of a motor vehicle that is more than 25 years of age or a bona fide replica thereof may register the vehicle as an expanded-use antique vehicle. In addition to the appropriate registration and renewal fees, the fee for expanded-use antique vehicle registration and renewal, except as provided under subsection (d), shall be $45 per year. The application for registration must be accompanied by an affirmation of the owner that: (1) from January 1 through the last day of February | ||
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(2) the mechanical condition, physical condition, | ||
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From March 1 through November 30, a vehicle registered as an expanded-use antique vehicle may be driven on the highways without being subject to the restrictions set forth in subdivision (1). The Secretary may prescribe, in the Secretary's discretion, that expanded-use antique vehicle plates be issued for a definite or an indefinite term, such term to correspond to the term of registration plates issued generally, as provided in Section 3-414.1. Any person requesting expanded-use antique vehicle plates under this Section may also apply to have vanity or personalized plates as provided under Section 3-405.1. (b) Any person who is the registered owner of an expanded-use antique vehicle may display a historical Illinois-issued license plate that represents the model year of the vehicle, furnished by such person, in lieu of the current and valid Illinois expanded-use antique vehicle plates issued thereto, provided that the valid and current Illinois expanded-use antique vehicle plates and registration card issued to the expanded-use antique vehicle are simultaneously carried within the vehicle and are available for inspection. (c) The Secretary may credit a pro-rated portion of a fee previously paid for an antique vehicle registration under Section 3-804 to an owner who applies to have that vehicle registered as an expanded-use antique vehicle instead of an antique vehicle. (d) The Secretary may make a version of the registration plate authorized under this Section in a form appropriate for motorcycles. In addition to the required registration and renewal fees, the fee for motorcycle expanded-use antique vehicle registration and renewal shall be $23 per year. (Source: P.A. 102-438, eff. 8-20-21; 103-706, eff. 1-1-25.) |
(625 ILCS 5/3-804.02) (from Ch. 95 1/2, par. 3-804.02)
Sec. 3-804.02.
Commuter Vans.
The owner of a commuter van may register such
van for an annual fee
not to exceed $63. The Secretary may prescribe that commuter van
plates be issued for an indefinite term, such term to correspond to the term of
registration plates issued generally. In no event may the registration fee for
commuter vans exceed $63 per registration year.
(Source: P.A. 90-89, eff. 1-1-98; 91-37, eff. 7-1-99.)
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(625 ILCS 5/3-804.1)
Sec. 3-804.1. Custom vehicles.
(a) The owner of a custom vehicle may register that vehicle for
the standard
registration fee for a vehicle of the first division, other than a motorcycle,
motor driven
cycle, or pedalcycle, and obtain a custom vehicle plate. An applicant for
the
special plate shall be charged, in addition to the standard registration fee,
$15 for original issuance to be deposited into the Secretary of State Special
License Plate Fund, to be used by the Secretary to help defray administrative
costs. For each renewal period, in addition to the standard registration fee,
the applicant shall be charged $2, which shall be deposited into the Secretary
of
State Special License Plate Fund.
The
application for
registration must be accompanied by an affirmation of
the owner that the vehicle will be
maintained
for
occasional transportation,
exhibitions, club
activities, parades, tours, and similar uses and
will
not be used for general daily
transportation.
The Secretary may,
in his or her discretion, prescribe that custom vehicle plates be issued for a
definite or an indefinite term, the term to correspond to the term of
registration plates issued generally, as provided in Section 3-414.1. Any
person requesting custom vehicle plates under this
Section
may also apply to have vanity or personalized plates as provided under
Section 3-405.1.
(b) Upon initial registration of a custom vehicle, the owner of the
custom vehicle must have the vehicle inspected as required by Section 3-406 of this Code.
Except where otherwise provided, custom vehicles are considered to be
in compliance with all vehicle equipment requirements if they have passed the
approved vehicle safety inspection.
(Source: P.A. 96-487, eff. 1-1-10.)
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(625 ILCS 5/3-804.2)
Sec. 3-804.2. Street rods.
(a) The owner of a street rod may register the vehicle for
the standard
registration fee
for a vehicle of the first division, other than a motorcycle, motor driven
cycle, or
pedalcycle, and obtain a street rod plate. An applicant for the special
plate
shall be charged, in addition to the standard registration fee, $15 for
original
issuance to be deposited into the Secretary of State Special License Plate
Fund, to be used by the Secretary to help defray administrative costs. For
each renewal period, in addition to the standard registration fee, the
applicant shall be charged $2, which shall be
deposited into the Secretary of State Special License Plate Fund. The
application for
registration must be accompanied by an affirmation of
the owner that the vehicle will be maintained
for
occasional transportation,
exhibitions, club activities, parades, tours, and similar uses and
will
not be used for
general daily transportation.
The Secretary may,
in his or her discretion, prescribe that street rod plates be issued for a
definite or an indefinite term, the term to correspond to the term of
registration plates issued generally, as provided in Section 3-414.1. Any
person requesting street rod plates under this Section
may also apply to have vanity or personalized plates as provided under
Section 3-405.1.
(b) Upon initial registration of a street rod, the owner of the street
rod must have the vehicle inspected as required by Section 3-406 of this Code.
(Source: P.A. 96-487, eff. 1-1-10.)
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(625 ILCS 5/3-804.3) Sec. 3-804.3. Former military vehicles. (a) The owner of a former military vehicle may register the vehicle for a fee not to exceed: (1) $100 for a vehicle with a gross vehicle weight | ||
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(2) $150 for a vehicle with a gross vehicle weight | ||
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(3) $500 for a vehicle with a gross vehicle weight | ||
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(4) $1,000 for a vehicle with a gross vehicle weight | ||
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(5) $25 for a trailer with a weight of 3,000 pounds | ||
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(6) $75 for a trailer with a weight of over 3,000 | ||
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(b) The Secretary may prescribe, in the Secretary's discretion, that former military vehicle plates be issued for a definite or an indefinite term, such term to correspond to the term of registration plates issued generally, as provided in Section 3-414.1. Any person requesting former military vehicle plates under this Section may also apply to have vanity or personalized plates as provided under Section 3-405.1. (c) A vehicle registered as a former military vehicle is not subject to Section 3-815 and 3-818 of this Code. (d) A vehicle may not be registered under this Section unless a title for the vehicle has been issued by the Secretary and the vehicle is eligible for registration without regard to its status as a military vehicle.
(Source: P.A. 97-811, eff. 7-13-12.) |
(625 ILCS 5/3-805) (from Ch. 95 1/2, par. 3-805)
Sec. 3-805. Electric vehicles. (a) The owner of a motor vehicle of the first division or a motor vehicle of the second division weighing 8,000 pounds or less propelled by an
electric engine and not utilizing motor fuel may register such vehicle for
a registration fee equal to the fee set forth in Section 3-806 for motor vehicles of the first division, other than Autocycles, Motorcycles, Motor Driven Cycles, and Pedalcycles. In addition to the registration fees, the Secretary shall assess an additional $100 per year in lieu of the payment of motor fuel taxes. $1 of the additional fees shall be deposited into the Secretary of State Special Services Fund and the remainder of the additional fees shall be deposited into the Road Fund. (b) Beginning with the 2023 registration year, upon the request of the vehicle owner, an electric vehicle owner may register an electric vehicle with any qualifying registration issued under this Chapter, and an additional $100 surcharge shall be collected in addition to the applicable registration fee. The $100 additional fee is to identify the vehicle as an electric vehicle. The $100 additional fee is an annual, flat fee that shall be based on an applicant's new or existing registration year for the vehicle's corresponding weight category. A designation as an electric vehicle under this subsection shall not alter a vehicle's registration. Of the additional fees, $1 shall be deposited into the Secretary of State Special Services Fund, and the remainder of the additional fees shall be deposited into the Road Fund. The Secretary shall adopt any rules necessary to implement this subsection (b).
(Source: P.A. 101-32, eff. 6-28-19; 102-154, eff. 1-1-22.)
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(625 ILCS 5/3-805.5)
Sec. 3-805.5. Low-speed vehicles. Every owner of a low-speed vehicle shall make application to the Secretary of State for registration, or renewal of registration, at the annual fee of $18.
(Source: P.A. 96-653, eff. 1-1-10.) |
(625 ILCS 5/3-806) (from Ch. 95 1/2, par. 3-806)
Sec. 3-806. Registration Fees; Motor Vehicles of the First
Division. Every owner of any other motor vehicle of the first
division, except as provided in Sections 3-804, 3-804.01, 3-804.3, 3-805, 3-806.3, 3-806.7, and 3-808,
and every second division vehicle weighing 8,000 pounds or less,
shall pay the Secretary of State an annual registration fee
at the following rates:
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A $1 surcharge shall be collected in addition to the above fees for motor vehicles of the first division, autocycles, motorcycles, motor driven cycles, and pedalcycles to be deposited into the State Police Vehicle Fund.
All of the proceeds of the additional fees imposed by Public Act 96-34 shall be deposited into the Capital Projects Fund. A $2 surcharge shall be collected in addition to the above fees for motor vehicles of the first division, autocycles, motorcycles, motor driven cycles, and pedalcycles to be deposited into the Park and Conservation Fund for the Department of Natural Resources to use for conservation efforts. The monies deposited into the Park and Conservation Fund under this Section shall not be subject to administrative charges or chargebacks unless otherwise authorized by this Act. Of the fees collected for motor vehicles of the first division other than Autocycles, Motorcycles, Motor Driven Cycles, and Pedalcycles, $1 of the fees shall be deposited into the Secretary of State Special Services Fund and $49 of the fees shall be deposited into the Road Fund.(Source: P.A. 101-32, eff. 6-28-19.)
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(625 ILCS 5/3-806.1) (from Ch. 95 1/2, par. 3-806.1)
Sec. 3-806.1. Additional fees for vanity license plates. In addition to
the regular registration fee or electric vehicle registration fee, an applicant for a vanity license plate, other than a vanity plate in any military series or a vanity plate issued under Section 3-664, shall be charged $94
for each set of vanity license plates issued to a vehicle of the first
division or a vehicle of the second division registered at not more than
8,000 pounds or to a recreational vehicle and $50 for each set of
vanity plates issued to an autocycle or motorcycle. In addition to the regular renewal fee or electric vehicle registration renewal fee,
an applicant for a vanity plate, other than a vanity plate in any military series or a vanity plate issued under Section 3-664, shall be charged $13 for the renewal of each set of
vanity license plates. There shall be no additional fees for a vanity license plate in any military series of plates or a vanity plate issued under Section 3-664.
(Source: P.A. 102-154, eff. 1-1-22.)
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(625 ILCS 5/3-806.2) (from Ch. 95 1/2, par. 3-806.2)
Sec. 3-806.2.
Limitations on no-fee plates.
No individual shall be issued
more than one pair of plates of any category for which no
fee is required. The Secretary of State may issue additional pairs of plates
of any such category upon receiving the required application and registration
fees.
(Source: P.A. 88-517.)
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(625 ILCS 5/3-806.3) (from Ch. 95 1/2, par. 3-806.3)
Sec. 3-806.3. Senior citizens.
Commencing with the 2009 registration year, the registration fee paid by
any vehicle owner who has been approved for benefits under the Senior
Citizens and Persons with Disabilities Property Tax Relief
Act or who is the spouse of such a person shall be $10 instead of the fee
otherwise provided in this Code for passenger cars displaying standard
multi-year registration plates or digital registration plates issued under Section 3-414.1, motor vehicles
displaying special registration plates or digital registration plates issued under Section 3-609, 3-616, 3-621,
3-622, 3-623, 3-624, 3-625, 3-626, 3-628, 3-638, 3-642, 3-645, 3-647, 3-650,
3-651, 3-663, or 3-699.17, motor vehicles registered at 8,000 pounds or less under Section
3-815(a), and recreational vehicles registered at 8,000 pounds or less under
Section 3-815(b). Widows and widowers of claimants shall also be entitled to
this reduced registration fee for the registration year in which the claimant
was eligible.
Commencing with the 2009 registration year, the registration fee paid by
any vehicle owner who has claimed and received a grant under the Senior
Citizens and Persons with Disabilities Property Tax Relief
Act or who is the spouse of such a person shall be $10 instead of the fee
otherwise provided in this Code for passenger cars displaying standard
multi-year registration plates or digital registration plates issued under Section 3-414.1, motor vehicles
displaying special registration plates or digital registration plates issued under Section 3-607, 3-609, 3-616, 3-621,
3-622, 3-623, 3-624, 3-625, 3-626, 3-628, 3-638, 3-642, 3-645, 3-647, 3-650, 3-651, 3-663, 3-664, or 3-699.17, motor vehicles registered at 8,000 pounds or less under Section
3-815(a), and recreational vehicles registered at 8,000 pounds or less under
Section 3-815(b). Widows and widowers of claimants shall also be entitled to
this reduced registration fee for the registration year in which the claimant
was eligible.
Commencing with the 2017 registration year, the reduced fee under this Section shall apply to any special registration plate or digital registration plate authorized in Article VI of Chapter 3 of this Code for which the applicant would otherwise be eligible. Surcharges for vehicle registrations under Section 3-806 of this Code shall not be collected from any vehicle owner who has been approved for benefits under the Senior Citizens and Disabled Persons Property Tax Relief Act or a person who is the spouse of such a person. No more than one reduced registration fee under this Section shall be
allowed during any 12-month period based on the primary eligibility of any
individual, whether such reduced registration fee is allowed to the
individual or to the spouse, widow or widower of such individual. This
Section does not apply to the fee paid in addition to the registration fee
for motor vehicles displaying vanity, personalized, or special license
plates.
(Source: P.A. 101-51, eff. 7-12-19; 101-395, eff. 8-16-19; 102-558, eff. 8-20-21; 102-807, eff. 1-1-23.)
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(625 ILCS 5/3-806.4) (now 625 ILCS 5/3-664)
Sec. 3-806.4. (Renumbered).
(Source: Renumbered by P.A. 95-34, eff. 1-1-08.)
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(625 ILCS 5/3-806.5)
Sec. 3-806.5. Additional fees for personalized license plates. For
registration periods commencing after December 31, 2003, in addition to the
regular registration fee or electric vehicle registration fee, an applicant for a personalized license plate, other than a personalized plate in any military series or a personalized plate issued under Section 3-664, shall be charged $47 for each set of
personalized license plates issued to a vehicle of the first division or
a vehicle of the second division registered at not more than 8,000 pounds
or to a recreational vehicle and $25 for each set of personalized plates issued
to an autocycle or motorcycle. In addition to the regular renewal fee or electric vehicle registration renewal fee, an applicant for a personalized plate other than a personalized plate in any military series or a personalized plate issued under Section 3-664, shall be
charged $7 for the renewal of each set of personalized license plates. There shall be no additional fees charged for a personalized plate in any military series of plates or a personalized plate issued under Section 3-664. Of the
money received by the Secretary of State as additional fees for personalized
license plates, 50% shall be deposited into the Secretary of State Special
License Plate Fund and 50% shall be deposited into the General Revenue Fund.
(Source: P.A. 102-154, eff. 1-1-22.)
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(625 ILCS 5/3-806.6) Sec. 3-806.6. Victims of domestic violence. (a) The
Secretary shall issue new and different license plates immediately
upon request to the registered owner of a vehicle who appears in
person and submits a completed application, if all of the following
are provided: (1) proof of ownership of the vehicle that is | ||
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(2) a driver's license or identification card | ||
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(3) the previously issued license plates from the | ||
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(4) payment of the required fee for the issuance of | ||
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(5) one of the following: (A) a copy of a police report, court | ||
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(B) a written acknowledgment, dated within 30 | ||
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(C) an order of protection issued under Section | ||
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(b) This Section does not apply to license plates issued under Section 3-664
or to special license plates issued under Article VI of this Chapter.
(Source: P.A. 97-1150, eff. 1-25-13.) |
(625 ILCS 5/3-806.7) Sec. 3-806.7. Registration fees for active duty military personnel. (a) Beginning with the 2011 registration year, the standard registration fee set forth in Section 3-806 of this Code for passenger motor vehicles of the first division and motor vehicles of the second division weighing not more than 8,000 pounds and registered under Section 3-815 of this Code, shall be reduced by 50% for any Illinois vehicle owner who was on active duty as a member of the Armed Forces of the United States and stationed outside of the United States for a period of 90 days or longer during the preceding registration year. (b) Illinois residents who are members of the Armed Forces of the United States and who have been stationed outside of the United States for a period of 6 months or longer, and who placed their registered motor vehicle in storage during the time they served abroad, shall be entitled to credit for the unused portion of that registration when they renew the registration of that vehicle upon their return to the United States. For each month or part thereof that the vehicle was in storage and had current registration, the member of the armed forces shall receive one month of registration without charge.
(c) Beginning with the 2017 registration year, the standard registration fee set forth in Section 3-806 of this Code for passenger motor vehicles of the first division and motor vehicles of the second division weighing not more than 8,000 pounds and registered under Section 3-815 of this Code, shall be waived for the year following the return of any Illinois vehicle owner who is a member of the active-duty or reserve component of the United States Armed Forces who can provide proof of serving in a combat mission. Nothing in this subsection is applicable to the additional fees incurred by specialty, personalized, or vanity license plates. (Source: P.A. 99-32, eff. 7-10-15.) |
(625 ILCS 5/3-806.8)
Sec. 3-806.8. (Repealed).
(Source: P.A. 96-1000, eff. 7-2-10. Repealed by P.A. 97-914, eff. 1-1-13.)
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(625 ILCS 5/3-806.9) Sec. 3-806.9. Expedited vehicle registration. The Secretary of State may provide an expedited process for the issuance of vehicle registration plates. Expedited registration applications must be complete, including necessary forms, fees, and taxes. The Secretary shall charge an additional fee of not more than $10 for this service, and that fee shall cover the cost of shipping the vehicle registration plates via an express mail service. All fees collected by the Secretary for expedited registration services shall be deposited into the Motor Vehicle License Plate Fund.
(Source: P.A. 97-914, eff. 1-1-13.) |
(625 ILCS 5/3-806.10) Sec. 3-806.10. Vehicles manufactured in Illinois. Upon payment of the title fee for a first division passenger vehicle other than an autocycle, motor driven cycle, or pedalcycle or for a second division vehicle weighing 8,000 pounds or less, the buyer or owner of the vehicle may apply for a rebate in the amount of $25 on a form prescribed by the Secretary of State if the vehicle is manufactured in this State and the application for title is made no more than one year after the month in which the vehicle was manufactured. Each qualifying vehicle shall be eligible for one rebate of $25 for the lifetime of the qualifying vehicle. The Secretary of State shall adopt administrative rules to administer this Section that include the information necessary for the rebate application.
(Source: P.A. 102-845, eff. 1-1-23.) |
(625 ILCS 5/3-807) (from Ch. 95 1/2, par. 3-807)
Sec. 3-807.
(Repealed).
(Source: P.A. 91-37, eff. 7-1-99. Repealed by P.A. 100-956, eff. 1-1-19.)
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(625 ILCS 5/3-808) (from Ch. 95 1/2, par. 3-808)
Sec. 3-808. Governmental and charitable vehicles; Registration fees.
(a) A registration fee of $10 per 2 year registration period
shall be paid by the owner in the following cases:
1. Vehicles operated exclusively as a school bus for | ||
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2. Vehicles operated exclusively in a high school | ||
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3. Rescue squad vehicles which are owned and operated | ||
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4. Vehicles, used exclusively as school buses for any | ||
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5. Charitable vehicles.
(b) Annual vehicle registration plates shall be issued, at no charge,
to the following:
1. Medical transport vehicles owned and operated by | ||
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2. Medical transport vehicles operated by or for any | ||
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(c) Ceremonial plates. Upon payment of a registration fee of $98 per 2-year registration period, the Secretary of State shall issue
registration plates to vehicles operated exclusively for ceremonial purposes by
any not-for-profit veterans', fraternal, or civic organization. The Secretary
of State may prescribe that ceremonial vehicle registration plates be issued
for an indefinite term, that term to correspond to the term of registration
plates issued generally, as provided in Section 3-414.1.
All of the proceeds of the additional fees imposed by this amendatory Act of the 96th General Assembly shall be deposited into the Capital Projects Fund. (d) In any event, any vehicle registered under this Section used or
operated for purposes other than those herein prescribed shall be
subject to revocation, and in that event, the owner may be required to
properly register such vehicle under the provisions of this Code.
(e) As a prerequisite to registration under this Section, the Secretary
of State may require the vehicle owners listed in subsection (a) of this
Section who are exempt from federal income taxation under subsection (c) of
Section 501 of the Internal Revenue Code of 1986, as now or
hereafter amended, to submit to him a determination letter, ruling or other
written evidence of tax exempt status issued by the Internal Revenue Service.
The Secretary may accept a certified copy of the document issued by the
Internal Revenue Service as evidence of the exemption. The Secretary may
require documentation of eligibility under this Section to accompany an
application for registration.
(f) Special event plates. The Secretary of State may issue registration
plates in recognition or commemoration of special events which promote the
interests of Illinois citizens. These plates shall be valid for no more
than 60 days
prior to the date of expiration. The Secretary shall require the applicant
for such plates to pay for the costs of furnishing the plates.
Beginning July 1, 1991, all special event plates shall be recorded in the
Secretary of State's files for immediate identification.
The Secretary of State, upon issuing a new series of special event
plates, shall notify all law enforcement officials of the design
and other special features of the special plate series.
All special event plates shall indicate, in the lower right corner, the
date of expiration in characters no less than 1/2 inch high.
(Source: P.A. 96-34, eff. 7-13-09.)
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(625 ILCS 5/3-808.1) (from Ch. 95 1/2, par. 3-808.1) (Text of Section from P.A. 104-213) Sec. 3-808.1. Permanent vehicle registration plate. (a) Permanent vehicle registration plates shall be issued, at no charge, to the following: 1. Vehicles, other than medical transport vehicles, | ||
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2. Special disability plates issued to vehicles owned | ||
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(b) Permanent vehicle registration plates shall be issued, for a one-time fee of $8.00, to the following: 1. Vehicles, other than medical transport vehicles, | ||
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2. Vehicles owned by counties, townships or municipal | ||
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3. Beginning with the 1991 registration year, | ||
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4. All-terrain vehicles owned by counties, townships, | ||
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5. Beginning with the 2001 registration year, | ||
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6. Beginning with the 2014 registration year, | ||
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7. Beginning with the 2017 registration year, | ||
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8. Beginning with the 2017 registration year, | ||
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9. Beginning with the 2020 registration year, 2-axle | ||
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10. Beginning with the 2027 registration year, | ||
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(b-5) Beginning with the 2016 registration year, permanent vehicle registration plates shall be issued for a one-time fee of $8.00 to a county, township, or municipal corporation that owns or operates vehicles used for the purpose of community workplace commuting as defined by the Secretary of State by administrative rule. The design and color of the plates shall be wholly within the discretion of the Secretary. The Secretary of State may adopt rules to implement this subsection (b-5). (c) Beginning with the 2012 registration year, county-owned vehicles operated by or for any county sheriff and designated deputy sheriffs that have been issued registration plates under subsection (b) of this Section shall be exempt from any fee for the transfer of registration from one vehicle to another vehicle. Each county sheriff shall report to the Secretary of State any transfer of registration plates from one vehicle to another vehicle operated by or for any county sheriff and designated deputy sheriffs. The Secretary of State shall adopt rules to implement this subsection (c). (c-5) Beginning with the 2014 registration year, municipally owned, fire district owned, or Mutual Aid Box Alarm System (MABAS) owned vehicles operated by or for any fire department, fire protection district, or MABAS that have been issued registration plates under subsection (b) of this Section shall be exempt from any fee for the transfer of registration from one vehicle to another vehicle. Each fire department, fire protection district, of MABAS shall report to the Secretary of State any transfer of registration plates from one vehicle to another vehicle operated by or for any fire department, fire protection district, or MABAS. The Secretary of State shall adopt rules to implement this subsection. (d) Beginning with the 2013 registration year, municipally owned vehicles operated by or for any police department that have been issued registration plates under subsection (b) of this Section shall be exempt from any fee for the transfer of registration from one vehicle to another vehicle. Each municipal police department shall report to the Secretary of State any transfer of registration plates from one vehicle to another vehicle operated by or for any municipal police department. The Secretary of State shall adopt rules to implement this subsection (d). (e) Beginning with the 2016 registration year, any vehicle owned or operated by a county, township, or municipal corporation that has been issued registration plates under this Section is exempt from any fee for the transfer of registration from one vehicle to another vehicle. Each county, township, or municipal corporation shall report to the Secretary of State any transfer of registration plates from one vehicle to another vehicle operated by or for any county, township, or municipal corporation. (f) Beginning with the 2020 registration year, any vehicle owned or operated by a public school district from grades K-12, a public community college, or a medical facility or hospital of a municipality, county, or township that has been issued registration plates under this Section is exempt from any fee for the transfer of registration from one vehicle to another vehicle. Each school district, public community college, or medical facility or hospital shall report to the Secretary any transfer of registration plates from one vehicle to another vehicle operated by the school district, public community college, or medical facility. (g) Beginning with the 2025 registration year, vehicles owned or operated by or for a private or public university police department or a private or public college police department, except for motor driven cycles and all-terrain vehicles, may be registered under subsection (b) of this Section. These registration plates shall contain the designation "university police" or "college police" and shall be numbered and distributed as prescribed by the Secretary of State. (Source: P.A. 103-135, eff. 1-1-24; 104-213, eff. 1-1-26.) (Text of Section from P.A. 104-304) Sec. 3-808.1. Permanent vehicle registration plate. (a) Permanent vehicle registration plates shall be issued, at no charge, to the following: 1. Vehicles, other than medical transport vehicles, | ||
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2. Special disability plates issued to vehicles owned | ||
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(b) Permanent vehicle registration plates shall be issued, for a one-time fee of $8.00, to the following: 1. Vehicles, other than medical transport vehicles, | ||
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2. Vehicles owned by counties, townships or municipal | ||
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3. Beginning with the 1991 registration year, | ||
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4. All-terrain vehicles owned by counties, townships, | ||
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5. Beginning with the 2001 registration year, | ||
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6. Beginning with the 2014 registration year, | ||
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7. Beginning with the 2017 registration year, | ||
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8. Beginning with the 2017 registration year, | ||
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9. Beginning with the 2020 registration year, 2-axle | ||
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(b-5) Beginning with the 2016 registration year, permanent vehicle registration plates shall be issued for a one-time fee of $8.00 to a county, township, or municipal corporation that owns or operates vehicles used for the purpose of community workplace commuting as defined by the Secretary of State by administrative rule. The design and color of the plates shall be wholly within the discretion of the Secretary. The Secretary of State may adopt rules to implement this subsection (b-5). (c) Beginning with the 2012 registration year, county-owned vehicles operated by or for any county sheriff and designated deputy sheriffs that have been issued registration plates under subsection (b) of this Section shall be exempt from any fee for the transfer of registration from one vehicle to another vehicle. Each county sheriff shall report to the Secretary of State any transfer of registration plates from one vehicle to another vehicle operated by or for any county sheriff and designated deputy sheriffs. The Secretary of State shall adopt rules to implement this subsection (c). (c-5) Beginning with the 2014 registration year, municipally owned, fire district owned, or Mutual Aid Box Alarm System (MABAS) owned vehicles operated by or for any fire department, fire protection district, or MABAS that have been issued registration plates under subsection (b) of this Section shall be exempt from any fee for the transfer of registration from one vehicle to another vehicle. Each fire department, fire protection district, of MABAS shall report to the Secretary of State any transfer of registration plates from one vehicle to another vehicle operated by or for any fire department, fire protection district, or MABAS. The Secretary of State shall adopt rules to implement this subsection. (d) Beginning with the 2013 registration year, municipally owned vehicles operated by or for any police department that have been issued registration plates under subsection (b) of this Section shall be exempt from any fee for the transfer of registration from one vehicle to another vehicle. Each municipal police department shall report to the Secretary of State any transfer of registration plates from one vehicle to another vehicle operated by or for any municipal police department. The Secretary of State shall adopt rules to implement this subsection (d). (e) Beginning with the 2016 registration year, any vehicle owned or operated by a county, township, or municipal corporation that has been issued registration plates under this Section is exempt from any fee for the transfer of registration from one vehicle to another vehicle. Each county, township, or municipal corporation shall report to the Secretary of State any transfer of registration plates from one vehicle to another vehicle operated by or for any county, township, or municipal corporation. (f) Beginning with the 2020 registration year, any vehicle owned or operated by a public school district from grades K-12, a public community college, or a medical facility or hospital of a municipality, county, or township that has been issued registration plates under this Section is exempt from any fee for the transfer of registration from one vehicle to another vehicle. Each school district, public community college, or medical facility or hospital shall report to the Secretary any transfer of registration plates from one vehicle to another vehicle operated by the school district, public community college, or medical facility. (g) Beginning with the 2025 registration year, vehicles owned or operated by or for a private or public university police department or a private or public college police department, except for motor driven cycles and all-terrain vehicles, may be registered under subsection (b) of this Section. These registration plates shall contain the designation "university police" or "college police" and shall be numbered and distributed as prescribed by the Secretary of State. (Source: P.A. 103-135, eff. 1-1-24; 104-304, eff. 8-15-25.) |
(625 ILCS 5/3-809) (from Ch. 95 1/2, par. 3-809)
Sec. 3-809. Farm machinery, exempt vehicles and fertilizer spreaders; registration fee. (a) Vehicles of the second division having a corn
sheller, a well driller, hay press, clover huller, feed mixer and unloader,
or other farm machinery permanently mounted thereon and used solely for
transporting the same shall be
registered upon the filing of a proper application and the payment of a
registration fee of $13 per 2-year registration period. This
registration fee of $13 shall be paid in full and shall not be
reduced even though such registration is made after the beginning of the
registration period.
(b) Vehicles exempt from registration under the provisions of subsection A of Section 3-402
of this Code, as amended, may, at the option of the
owner, be identified as exempt vehicles by displaying registration plates
issued by the Secretary of State. The owner thereof may apply for such
permanent, non-transferable
registration plates upon the filing of a proper application and the payment
of a registration fee of $13. The application for and display of such registration
plates for identification purposes by vehicles exempt from registration
shall not be deemed as a waiver or rescission of its exempt status, nor make
such vehicle subject to registration. Nothing in this Section prohibits the towing of another vehicle by the exempt vehicle if the towed vehicle: (i) does not exceed the registered weight of 8,000 | ||
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(ii) is used exclusively for transportation to and | ||
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(iii) is not used for carrying counter weights or | ||
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(iv) displays proper and current registration plates. (c) Any single unit self-propelled agricultural fertilizer implement,
designed for both on and off road use, equipped with flotation tires and
otherwise specially adapted for the application of plant food materials
or agricultural chemicals, desiring to be operated upon the highways ladened
with load shall be limited to a maximum gross weight of 36,000
pounds, restricted to a highway speed of not more than 30 miles per hour
and a legal width of not more than 12 feet. Such vehicles shall be limited
to the furthering of agricultural or horticultural pursuits and in
furtherance of these pursuits, such vehicles may be operated upon the
highway, within a 50-mile radius of their point of loading as indicated on
the written or printed statement required by the Illinois Fertilizer Act
of 1961, for the purpose of moving plant food materials or
agricultural chemicals to the field, or from field to field, for the sole
purpose of application.
Whenever any vehicle is operated in violation of subsection (c) of this Section, the owner or the driver of such vehicle shall be deemed guilty of
a petty offense and either may be prosecuted for such violation.
(Source: P.A. 100-201, eff. 8-18-17; 100-863, eff. 8-14-18; 101-481, eff. 1-1-20.)
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(625 ILCS 5/3-809.1) (from Ch. 95 1/2, par. 3-809.1)
Sec. 3-809.1.
Vehicles of second division used for transporting soil
and conservation machinery and equipment-Registration fee.
Not for hire vehicles of the second division used, only in the
territory within a 75 mile radius of the owner's headquarters, solely for
transporting the owner's machinery, equipment, plastic tubing, tile and
steel reinforcement materials used exclusively for soil and water conservation
work on farms, other work on farms and in drainage districts organized for
agricultural purposes, shall be registered upon the filing of a proper
application and the payment of a registration fee of $488 per
annum. The registration fee of $488 shall be
paid in full and shall not be reduced even though such registration is
made during the second half of the registration year.
(Source: P.A. 91-37, eff. 7-1-99.)
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(625 ILCS 5/3-810) (from Ch. 95 1/2, par. 3-810)
Sec. 3-810. Dealers, manufacturers, engine and driveline component
manufacturers, transporters, and repossessors; registration plates. Dealers, manufacturers, and transporters registered under this Code
may obtain registration plates for use as provided in this Code at the
following rates:
Initial set of dealer's, manufacturer's, or | ||
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Duplicate Plates: $13
Manufacturers of engine and driveline components | ||
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Initial set of "test vehicle" plates: $94
Duplicate plates: $25
Repossessors and other persons qualified and registered under Section
3-601 of this Code may obtain registration plates at the rate of $45 per set.
(Source: P.A. 100-863, eff. 8-14-18.)
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(625 ILCS 5/3-810.1) (from Ch. 95 1/2, par. 3-810.1)
Sec. 3-810.1. Tow truck; registration plates. Tow truck operators
registered under this Code may obtain registration plates for use as
provided in this Code at the rate per set provided in subsection (a) of
Section 3-815 of this Code for each vehicle so registered.
(Source: P.A. 100-863, eff. 8-14-18.)
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(625 ILCS 5/3-811) (from Ch. 95 1/2, par. 3-811)
Sec. 3-811.
Drive-away and other permits - Fees.
(a) Dealers may obtain drive-away permits for use as
provided in
this Code, for a fee of $6 per permit for permits purchased on or before
June 30, 2003 and $10 for permits purchased on or after July 1, 2003.
For drive-away permits purchased on or after July 1, 2003, $4 of the fee
collected for the purchase of each permit shall be deposited into the General
Revenue Fund.
(b) Transporters may obtain one-trip permits for vehicles in transit for
use as provided in this Code, for a fee of $6 per permit for permits
purchased on or before June 30, 2003 and $10 for permits purchased on or
after July 1, 2003. For one-trip permits purchased on or after July 1, 2003,
$4 of the fee collected from the purchase of each permit shall be
deposited into the General Revenue Fund.
(c) Non-residents may likewise obtain a drive-away
permit from the
Secretary of State to export a motor vehicle purchased in Illinois, for a
fee of $6 per permit for permits purchased on or before June 30, 2003 and
$10 for permits purchased on or after July 1, 2003. For drive-away permits
purchased on or after July 1, 2003, $4 of the fee collected for the purchase
of each permit shall be deposited into the General Revenue Fund.
(d) One-trip permits may be obtained for an occasional single trip by a
vehicle as provided in this Code, upon payment of a fee of $19.
(e) One month permits may likewise be obtained for the fees and taxes
prescribed in this Code and as promulgated by the Secretary of State.
(Source: P.A. 92-680, eff. 7-16-02; 93-32, eff. 7-1-03.)
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(625 ILCS 5/3-812) (from Ch. 95 1/2, par. 3-812)
Sec. 3-812.
Vehicles with permanently mounted equipment - registration
fees. Vehicles having permanently mounted equipment thereon used exclusively
by the owner for the transporting of such permanently mounted equipment and
tools and equipment to be used incidentally in the work to be performed with
the permanently mounted equipment and provided such vehicle is not used for
hire shall be registered upon the filing of a proper application and the
payment of a registration fee based upon a rate of $45
per year (or fraction of a year) for each 10,000 pounds (or portion thereof)
of the gross weight of such motor vehicle and equipment, according to
the following table of fees:
SCHEDULE OF FEES REQUIRED BY LAW
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(Source: P.A. 91-37, eff. 7-1-99.)
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(625 ILCS 5/3-813) (from Ch. 95 1/2, par. 3-813)
Sec. 3-813. Vehicles of second division - Registration fee. Except as otherwise provided in this Code, all owners of vehicles of the
second division which are designed, equipped or used for carrying freight,
goods, wares, merchandise, or for use as living quarters; and all owners of
vehicles of the first division which have been remodelled and are being
used for such purposes; and all owners of motor vehicles operated as truck
tractors to the weights of which are added to the gross weights of
semitrailers with their maximum loads when drawn by such truck tractors;
and all owners of vehicles of the second division which are used for
carrying more than 10 persons, shall pay to the Secretary of State for each
registration year, for the use of the public highways of this State, a
registration fee of $10 for each such vehicle, which shall be collected as part of the flat weight tax assessed under Section 3-815 of this Code. A self-propelled vehicle
operated as a truck tractor and one semitrailer or a combination of a truck
tractor and semitrailer drawing a trailer or a semitrailer converted to a
trailer through use of an auxiliary axle or any combination of apportioned
vehicles shall be considered as one vehicle in computing the flat weight
taxes under Section 3-815.
(Source: P.A. 99-127, eff. 1-1-16.)
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(625 ILCS 5/3-814) (from Ch. 95 1/2, par. 3-814)
Sec. 3-814.
Semitrailer registration fees.
Effective with the 1984
registration year to the end of the 1998 registration year, an owner
of a semitrailer shall pay to the Secretary of State, for the use of the
public highways of this State, a flat weight tax of $60, which includes the
registration fee, for a 5 year semitrailer plate.
Effective with the 1999 registration year an owner of a semitrailer shall pay
to the Secretary of State, for the use of the public highways of this State, a
one time flat tax of $15, which includes the registration fee, for a permanent
non-transferrable semitrailer plate.
Effective with the 2001 registration year, an owner of a semitrailer shall
pay to the Secretary of State, for the use of public highways of this State, a
one-time flat tax of $19, which includes the registration fee, for a permanent
non-transferrable semitrailer plate.
(Source: P.A. 91-37, eff. 7-1-99.)
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(625 ILCS 5/3-814.1) (from Ch. 95 1/2, par. 3-814.1)
Sec. 3-814.1.
Apportionable trailer and semitrailer fees.
Beginning
April 1, 1994 through March 31, 1998, an owner of an apportionable trailer
or apportionable semitrailer registered under Section 3-402.1 shall pay an
annual registration fee of $12 to the Secretary of State.
Beginning April 1, 1998 through March 31, 2000, an owner of an
apportionable trailer or apportionable semitrailer registered under Section
3-402.1 shall pay a one time registration fee of $15 to the Secretary of State
for a permanent non-transferrable plate.
Beginning April 1, 2000, an owner of an apportionable trailer or
apportionable semitrailer registered under Section 3-402.1 shall pay
a one-time registration fee of $19 to the Secretary of State for a
permanent non-transferrable plate.
(Source: P.A. 91-37, eff. 7-1-99.)
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(625 ILCS 5/3-814.2)
Sec. 3-814.2.
Optional registration of converter devices.
(a) The Secretary of State may provide for optional registration of devices
that convert a semitrailer to a trailer and are exempt from vehicle
registration requirements. The rules adopted for purposes of this Section may
provide for the registration of this category of vehicle or type vehicle. Upon
request of an owner, the Secretary of State may issue registration for a
vehicle that meets the requirements of rules adopted under this Section.
A registration fee for this vehicle may be imposed by rule.
(b) A vehicle that is registered under this Section is subject to the same
provisions, conditions, fees, and other requirements under this Code.
(Source: P.A. 89-710, eff. 2-14-97.)
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(625 ILCS 5/3-814.3)
Sec. 3-814.3. Registration of fleets of semitrailers or apportionable
semitrailers. The Secretary of State may provide for the registration of large
fleets of semitrailers or apportionable semitrailers by accepting the
appropriate fees and issuing the registration plate or digital registration plate prior to the plate being
assigned to a specific vehicle. The registration indexes will be updated on a
date predetermined by the Secretary of State. In determining this date, the
Secretary of State shall take into consideration the number of vehicles in each
fleet.
(Source: P.A. 101-395, eff. 8-16-19.)
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(625 ILCS 5/3-814.4)
Sec. 3-814.4.
Registration of fleet vehicles. The Secretary may issue fleet
vehicle registration plates or digital registration plates to owners of vehicle fleets registered in
accordance with Section 3-405.3 of this Code in bulk before plates are assigned
to specific vehicles. A registration plate or digital registration plate may not be displayed on a vehicle,
however, until the plate has been activated on the Secretary's registration
file and the proper fee has been forwarded to the Secretary.
(Source: P.A. 101-395, eff. 8-16-19.)
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(625 ILCS 5/3-815) (from Ch. 95 1/2, par. 3-815)
Sec. 3-815. Flat weight tax; vehicles of the second division.
(a) Except
as provided in Section 3-806.3 and 3-804.3, every owner
of a vehicle of the second division registered under Section 3-813, and
not registered under the mileage weight tax under Section 3-818, shall
pay to the Secretary of State, for each registration year, for the use
of the public highways, a flat weight tax at the rates set forth in the
following table, the rates including the $10 registration fee:
SCHEDULE OF FLAT WEIGHT TAX
REQUIRED BY LAW
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Beginning with the 2010 registration year a $1 surcharge shall be collected for vehicles registered in the 8,000 lbs. and less flat weight plate category above to be deposited into the State Police Vehicle Fund.
Beginning with the 2014 registration year, a $2 surcharge shall be collected in addition to the above fees for vehicles registered in the 8,000 lb. and less flat weight plate category as described in this subsection (a) to be deposited into the Park and Conservation Fund for the Department of Natural Resources to use for conservation efforts. The monies deposited into the Park and Conservation Fund under this Section shall not be subject to administrative charges or chargebacks unless otherwise authorized by this Act. Of the fees collected under this subsection, $1 of the fees shall be deposited into the Secretary of State Special Services Fund and $99 of the fees shall be deposited into the Road Fund. All of the proceeds of the additional fees imposed by Public Act 96-34 shall be deposited into the Capital Projects Fund. (a-1) A Special Hauling Vehicle is a vehicle or combination of vehicles of
the second
division registered under Section 3-813 transporting asphalt or concrete in the
plastic state or a vehicle or combination of vehicles that are subject to the
gross weight limitations in subsection (a) of Section 15-111 for which the
owner of the
vehicle or combination of vehicles has elected to pay, in addition to the
registration fee in subsection (a), $125 to the Secretary of State
for each
registration year. The Secretary shall designate this class of vehicle as
a Special Hauling Vehicle.
(a-5) Beginning January 1, 2015, upon the request of the vehicle owner, a $10 surcharge shall be collected in addition to the above fees for vehicles in the 12,000 lbs. and less flat weight plate categories as described in subsection (a) to be deposited into the Secretary of State Special License Plate Fund. The $10 surcharge is to identify vehicles in the 12,000 lbs. and less flat weight plate categories as a covered farm vehicle. The $10 surcharge is an annual, flat fee that shall be based on an applicant's new or existing registration year for each vehicle in the 12,000 lbs. and less flat weight plate categories. A designation as a covered farm vehicle under this subsection (a-5) shall not alter a vehicle's registration as a registration in the 12,000 lbs. or less flat weight category. The Secretary shall adopt any rules necessary to implement this subsection (a-5). (a-10) Beginning January 1, 2019, upon the request of the vehicle owner, the Secretary of State shall collect a $10 surcharge in addition to the fees for second division vehicles in the 8,000 lbs. and less flat weight plate category described in subsection (a) that are issued a registration plate under Article VI of this Chapter. The $10 surcharge shall be deposited into the Secretary of State Special License Plate Fund. The $10 surcharge is to identify a vehicle in the 8,000 lbs. and less flat weight plate category as a covered farm vehicle. The $10 surcharge is an annual, flat fee that shall be based on an applicant's new or existing registration year for each vehicle in the 8,000 lbs. and less flat weight plate category. A designation as a covered farm vehicle under this subsection (a-10) shall not alter a vehicle's registration in the 8,000 lbs. or less flat weight category. The Secretary shall adopt any rules necessary to implement this subsection (a-10). (b) Except as provided in Section 3-806.3, every camping trailer,
motor home, mini motor home, travel trailer, truck camper or van camper
used primarily for recreational purposes, and not used commercially, nor
for hire, nor owned by a commercial business, may be registered for each
registration year upon the filing of a proper application and the payment
of a registration fee and highway use tax, according to the following table of
fees:
MOTOR HOME, MINI MOTOR HOME, TRUCK CAMPER OR VAN CAMPER
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CAMPING TRAILER OR TRAVEL TRAILER
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Every house trailer must be registered under Section 3-819.
(c) Farm Truck. Any truck used exclusively for the owner's own
agricultural, horticultural or livestock raising operations and
not-for-hire only, or any truck used only in the transportation for-hire
of seasonal, fresh, perishable fruit or vegetables from farm to the
point of first processing,
may be registered by the owner under this paragraph in lieu of
registration under paragraph (a), upon filing of a proper application
and the payment of the $10 registration fee and the highway use tax
herein specified as follows:
SCHEDULE OF FEES AND TAXES
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Of the fees collected under this subsection, $1 of the fees shall be deposited into the Secretary of State Special Services Fund and $99 of the fees shall be deposited into the Road Fund. In the event the Secretary of State revokes a farm truck registration
as authorized by law, the owner shall pay the flat weight tax due
hereunder before operating such truck.
Any combination of vehicles having 5 axles, with a distance of 42 feet or
less between extreme axles, that are subject to the weight limitations in
subsection (a) of Section 15-111 for which the owner of the combination
of
vehicles has elected to pay, in addition to the registration fee in subsection
(c), $125 to the Secretary of State for each registration year
shall be designated by the Secretary as a Special Hauling Vehicle.
(d) The number of axles necessary to carry the maximum load provided
shall be determined from Chapter 15 of this Code.
(e) An owner may only apply for and receive 5 farm truck
registrations, and only 2 of those 5 vehicles shall exceed 59,500 gross
weight in pounds per vehicle.
(f) Every person convicted of violating this Section by failure to pay
the appropriate flat weight tax to the Secretary of State as set forth in
the above tables shall be punished as provided for in Section 3-401.
(Source: P.A. 100-734, eff. 1-1-19; 100-956, eff. 1-1-19; 101-32, eff. 6-28-19; 101-81, eff. 7-12-19.)
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(625 ILCS 5/3-815.1)
Sec. 3-815.1. (Repealed). (Source: P.A. 101-32, eff. 6-28-19. Repealed internally, eff. 7-1-20.)
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(625 ILCS 5/3-816) (from Ch. 95 1/2, par. 3-816)
Sec. 3-816.
Installment Payments.
(a) The flat weight tax required to be paid by Section 3-815 for any
vehicles on a calendar year basis may be paid if the owner so elects, in equal
semi-annual installments due on January 1 and July 1 of each licensing year.
Effective with the 1984 registration year the owners of semitrailers registered
under Section 3-814 shall have the option of paying the designated fees to the
Secretary in the following manner:
If registered in the first year the owner shall have the option of paying
$30 the first year and the remaining $30 by the start of the second year;
If registered in the second year the owner shall have the option of paying
$24 the first year and the remaining $24 by the start of the third year;
If registered in the third year the owner shall pay $36 for each semitrailer;
If registered in the fourth year the owner shall pay $24 for each semitrailer; and
If registered in the fifth year the owner shall pay $12 for each semitrailer.
Every such owner who elects to pay such tax in such installments shall file
with the Secretary of State a surety bond or certificate of deposit, as
hereinafter provided, in the amount of the sum of the second installment
of taxes on his vehicle.
Such bond shall be in the form approved by the Secretary of State and
with a surety company approved by the Department of Insurance to
transact business in this State, as surety, and shall be conditioned
upon such owner's paying to the State of Illinois all monies becoming
due by reason of his operation of the second division motor vehicle in
this State, together with all penalties and interest thereon.
The State Treasurer shall issue a certificate of deposit to any such
owner who deposits with the State Treasurer securities of the Federal
Government or the State of Illinois endorsed in blank by such owner, or
a certificate of deposit issued by any bank or savings and loan association
authorized to do business in Illinois, payable to the Secretary of State on or
after July 1 of the year of registration. Such certificate of deposit and
securities shall be approved by and deposited with the State Treasurer, and
shall have a current market value in the total amount which would cover all
monies becoming due and payable to the State of Illinois by reason of his
operation of a second division motor vehicle in this State, together with all
penalties and interest thereon.
The liability of the surety hereunder shall be absolute and upon
notice from the Secretary of State that the second installment has not
been paid on July 1 of any licensing year the surety shall immediately
pay the second installment to the Secretary of State.
Upon notice by the Secretary of State that the second installment of
such owner's taxes has not been paid on July 1 of any licensing year,
the State Treasurer shall sell such securities and deliver the proceeds
thereof to the Secretary of State to satisfy all monies becoming due by
reason of such owner's operation of a second division motor vehicle in
this State, together with all penalties and interest thereon.
If the owner's liability for the second installment is evidenced by a
certificate of deposit payable to the Secretary of State, the Secretary
of State shall, upon failure of the owner to pay the second installment
by July 1, endorse the certificate of deposit which is in the custody of
the State Treasurer, and thereafter the State Treasurer shall present
the certificate of deposit for payment to the proper bank or savings and
loan association. Upon receipt of payment, the State Treasurer shall forward
to the Secretary of State all monies due by reason of such owner's operation of
a second division motor vehicle in this State, and return the excess, if any,
to the owner on whose behalf the certificate of deposit was previously
deposited.
The State Treasurer shall return securities or proceeds in excess of
that needed to satisfy the Secretary of State for all monies becoming
due by reason of such owner's operation of a second division motor
vehicle in this State, together with all penalties and interest thereon.
Upon notice by the Secretary of State that the second installment has
been paid, the State Treasurer shall return such certificate of deposit
or securities deposited with him under this Section to the owner
thereof.
(b) The flat weight tax required by Section 3-815 to be paid on a fiscal
year basis may be paid, if the owner so elects, in equal semi-annual
installments due on July 1st and January 1st of each registration year. From
July 1, 1983 through November 30, 1983, the flat weight tax required
by Section
3-814 for semitrailers previously registered on a fiscal year basis may be
paid, if the owner so elects, by paying the Secretary of State $33 at the time
of registration and the remaining $25 by January 1, 1985 for each 5 1/2 year
semitrailer plate. Every such owner who elects to pay such tax in such
installments shall file with the Secretary of State a surety bond or
certificate of deposit, as hereinafter provided, in the amount of the sum of
the second installment of taxes on his vehicle.
Such bond shall be in the form approved by the Secretary of State and
with a surety company approved by the Department of Insurance to
transact business in this State, as surety, and shall be conditioned
upon such owner's paying to the State of Illinois all monies becoming
due by reason of his operation of the second division motor vehicle in
this State, together with all penalties and interest thereon.
The liability of the surety hereunder shall be absolute and upon
notice from the Secretary of State that the second installment has not
been paid on January 1st of any registration year the surety shall
immediately pay the second installment to the Secretary of State.
Upon notice by the Secretary of State that the second installment of
such owner's taxes has not been paid on January 1st of any registration
year, the State Treasurer shall sell such securities and deliver the
proceeds thereof to the Secretary of State to satisfy all monies
becoming due by reason of such owner's operation of a second division
motor vehicle in this State, together with all penalties and interest
thereon.
If the owner's liability for the second installment is evidenced by a
certificate of deposit payable to the Secretary of State, the Secretary
of State shall, upon failure of the owner to pay the second installment
by January 1st, endorse the certificate of deposit which is in the
custody of the State Treasurer, and thereafter the State Treasurer shall
present the certificate of deposit for payment to the proper bank or savings
and loan association. Upon receipt of payment, the State Treasurer shall
forward to the Secretary of State all monies due by reason of such owner's
operation of a second division motor vehicle in this State, and return the
excess, if any, to the owner on whose behalf the certificate of deposit was
previously deposited.
The State Treasurer shall return securities or proceeds in excess of
that needed to satisfy the Secretary of State for all monies becoming
due by reason of such owner's operation of a second division motor
vehicle in this State, together with all penalties and interest thereon.
Upon notice by the Secretary of State that the second installment has
been paid, the State Treasurer shall return such certificate of deposit
or securities deposited with him under this Section to the owner
thereof.
(c) The flat weight tax required under Section 3-815 for vehicles
registered in accordance with Section 3-402.1 may be paid, if the owner
elects, in equal semi-annual installments due on April 1 and October 1 of
each licensing year.
(d) In the event any surety pays for any second installment under
this Section, the surety shall have recourse only against the principal
and owner of the vehicles involved and shall have no right or privilege
to demand revocation or suspension of the registration plates
or registration stickers of the vehicles involved. Such surety may, however,
impress a lien as provided in Section 3-828.
(Source: P.A. 91-357, eff. 7-29-99.)
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(625 ILCS 5/3-818) (from Ch. 95 1/2, par. 3-818)
Sec. 3-818. Mileage weight tax option. (a) Any owner of a vehicle of
the second division may elect to pay a mileage weight tax for such vehicle
in lieu of the flat weight tax set out in Section 3-815. Such election
shall be binding to the end of the registration year. Renewal of this
election must be filed with the Secretary of State on or before July 1
of each registration period. In such event the owner shall, at the time
of making such election, pay the $10 registration fee and the minimum
guaranteed mileage weight tax, as hereinafter provided, which payment
shall permit the owner to operate that vehicle the maximum mileage in
this State hereinafter set forth. Any vehicle being operated on
mileage plates cannot be operated outside of this State. In addition
thereto, the owner of that vehicle shall pay a mileage weight tax at the
following rates for each mile traveled in this State in excess of the
maximum mileage provided under the minimum guaranteed basis:
BUS, TRUCK OR TRUCK TRACTOR
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TRAILER
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Of the fees collected under this subsection, $1 of the fees shall be deposited into the Secretary of State Special Services Fund and $99 of the fees shall be deposited into the Road Fund. (a-1) A Special Hauling Vehicle is a vehicle or combination of vehicles of
the second
division registered under Section 3-813 transporting asphalt or concrete in the
plastic state or a vehicle or combination of vehicles that are subject to the
gross weight limitations in subsection (a) of Section 15-111 for which the
owner of the
vehicle or combination of vehicles has elected to pay, in addition to the
registration fee in subsection (a), $125 to the Secretary of State
for each
registration year. The Secretary shall designate this class of vehicle as
a Special Hauling Vehicle.
In preparing rate schedules on registration applications, the Secretary
of State shall add to the above rates, the $10 registration fee. The
Secretary may decline to accept any renewal filed after July 1st.
The number of axles necessary to carry the maximum load provided
shall be determined from Chapter 15 of this Code.
Every owner of a second division motor vehicle for which he has
elected to pay a mileage weight tax shall keep a daily record upon forms
prescribed by the Secretary of State, showing the mileage covered by
that vehicle in this State. Such record shall contain the license number
of the vehicle and the miles traveled by the vehicle in this State for
each day of the calendar month. Such owner shall also maintain records
of fuel consumed by each such motor vehicle and fuel purchases therefor.
On or before the 10th day of July the owner
shall certify to the Secretary of State upon forms prescribed therefor,
summaries of his daily records which shall show the miles traveled by
the vehicle in this State during the preceding 12 months and such other
information as the Secretary of State may require. The daily record and
fuel records shall be filed, preserved and available for audit for a
period of 3 years. Any owner filing a return hereunder shall certify
that such return is a true, correct and complete return. Any person who
willfully makes a false return hereunder is guilty of perjury and shall
be punished in the same manner and to the same extent as is provided
therefor.
At the time of filing his return, each owner shall pay to the
Secretary of State the proper amount of tax at the rate herein imposed.
Every owner of a vehicle of the second division who elects to pay on
a mileage weight tax basis and who operates the vehicle within this
State, shall file with the Secretary of State a bond in the amount of
$500. The bond shall be in a form approved by the Secretary of State and with
a surety company
approved by the Illinois Department of Insurance to transact
business in this State as surety, and shall be conditioned upon such
applicant's paying to the State of Illinois all money becoming
due by
reason of the operation of the second division vehicle in this State,
together with all penalties and interest thereon.
Upon notice from the Secretary that the registrant has failed to pay the
excess mileage fees, the surety shall immediately pay the fees together with
any penalties and interest thereon in an amount not to exceed the limits of the
bond.
(b) Beginning January 1, 2016, upon the request of the
vehicle owner, a $10 surcharge shall be collected in addition
to the above fees for vehicles in the 12,000 lbs. and less mileage
weight plate category as described in subsection (a) to be
deposited into the Secretary of State Special License Plate
Fund. The $10 surcharge is to identify vehicles in the 12,000
lbs. and less mileage weight plate category as a covered farm
vehicle. The $10 surcharge is an annual flat fee that shall be
based on an applicant's new or existing registration year for
each vehicle in the 12,000 lbs. and less mileage weight plate
category. A designation as a covered farm vehicle under this
subsection (b) shall not alter a vehicle's registration as a
registration in the 12,000 lbs. or less mileage weight category.
The Secretary shall adopt any rules necessary to implement this
subsection (b). (Source: P.A. 101-32, eff. 6-28-19.)
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(625 ILCS 5/3-819) (from Ch. 95 1/2, par. 3-819)
Sec. 3-819. Trailer; tax.
(a) Farm Trailer. Any farm trailer drawn by a motor vehicle of the
second division registered under paragraph (a) or (c) of Section 3-815 and
used exclusively by the owner for his own agricultural, horticultural or
livestock raising operations and not used for hire, or any farm trailer
utilized only in the transportation for-hire of seasonal, fresh, perishable
fruit or vegetables from farm to the point of first processing, and any
trailer used with a farm tractor that is not an implement of husbandry may
be registered under this paragraph in lieu of registration under paragraph
(b) of this Section upon the filing of a proper application and the payment
of the $10 registration fee and the highway use tax herein for use of the
public highways of this State, at the following rates which include the $10
registration fee:
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An owner may only apply for and receive 2 farm trailer
registrations.
(b) All other owners of trailers, other than apportionable trailers
registered under Section 3-402.1 of this Code, used with a motor vehicle on
the public highways, shall pay to the Secretary of State for each
registration year a flat weight tax, for the use of the public highways
of this State, at the following rates (which includes the registration
fee of $10 required by Section 3-813):
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Of the fees collected under this subsection, other than the fee collected for a Class UT or TA trailer, $1 of the fees shall be deposited into the Secretary of State Special Services Fund and $99 of the fees shall be deposited into the Road Fund. (c) The number of axles necessary to carry the maximum load provided
shall be determined from Chapter 15 of this Code.
(Source: P.A. 101-32, eff. 6-28-19; 102-353, eff. 1-1-22.)
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(625 ILCS 5/3-820) (from Ch. 95 1/2, par. 3-820) Sec. 3-820. Duplicate Number Plates. (a) Upon filing in the Office of the Secretary of State an affidavit to the effect that an original number plate for a vehicle is lost or destroyed, a duplicate number plate shall be furnished upon payment of a fee of $6 for each duplicate plate and a fee of $9 for a pair of duplicate plates. Upon filing in the Office of the Secretary of State an affidavit to the effect that an original registration sticker or digital registration sticker for a vehicle is lost or destroyed, a new registration sticker or digital registration sticker shall be furnished upon payment of a fee of $20 for registration stickers or digital registration stickers. The Secretary of State may, in his discretion, assign a new number plate or plates in lieu of a duplicate of the plate or plates so lost, stolen or destroyed, but such assignment of a new plate or plates shall not affect the right of the owner to secure a reassignment of his original registration number in the manner provided in this Act. The fee for one new number plate shall be $6, and for a pair of new number plates, $9. For the administration of this Section, the Secretary shall consider the loss of a registration plate or digital registration plate or plates with properly affixed registration stickers or digital registration stickers as requiring the payment of: (i) $26 for each duplicate issued; or (ii) $29 for a pair of duplicate plates issued. (b) Upon filing in the Office of the Secretary of State a police report and an affidavit to the effect that an original number plate for a vehicle is stolen, a new plate shall be issued with no fee. Upon filing in the Office of the Secretary of State a police report and an affidavit to the effect that an original registration sticker or a digital registration sticker for a vehicle is stolen, a new registration sticker or digital registration sticker shall be issued with no fee. The Secretary of State shall assign a new number plate or plates in lieu of a duplicate of the plate or plates that were stolen. The replacement fees set forth under subsection (a) shall not apply to plates or registration stickers that were stolen and indicated in a police report. (Source: P.A. 103-1005, eff. 1-1-25.) |
(625 ILCS 5/3-821) (from Ch. 95 1/2, par. 3-821)
Sec. 3-821. Miscellaneous registration and title fees.
(a) Except as provided under subsection (h), the fee to be paid to the Secretary of State for the following
certificates, registrations or evidences of proper registration, or for
corrected or duplicate documents shall be in accordance with the following
schedule:
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A special corrected certificate of title shall be issued (i) to remove a co-owner's name due to the death of the co-owner, to transfer title to a spouse if the decedent-spouse was the sole owner on the title, or due to a divorce; (ii) to change a co-owner's name due to a marriage; or (iii) due to a name change under Article XXI of the Code of Civil Procedure.
There shall be no fee paid for a Junking Certificate.
There shall be no fee paid for a certificate of title issued to a county when the vehicle is forfeited to the county under Article 36 of the Criminal Code of 2012. For purposes of this Section, the fee for a corrected title application that also results in the issuance of a duplicate title shall be the same as the fee for a duplicate title. (a-5) The Secretary of State may revoke a certificate of title and registration card and issue a corrected certificate of title and registration card, at no fee to the vehicle owner or lienholder, if there is proof that the vehicle identification number is erroneously shown on the original certificate of title.
(a-10) The Secretary of State may issue, in connection with the sale of a motor vehicle, a corrected title to a motor vehicle dealer upon application and submittal of a lien release letter from the lienholder listed in the files of the Secretary. In the case of a title issued by another state, the dealer must submit proof from the state that issued the last title. The corrected title, which shall be known as a dealer lien release certificate of title, shall be issued in the name of the vehicle owner without the named lienholder. If the motor vehicle is currently titled in a state other than Illinois, the applicant must submit either (i) a letter from the current lienholder releasing the lien and stating that the lienholder has possession of the title; or (ii) a letter from the current lienholder releasing the lien and a copy of the records of the department of motor vehicles for the state in which the vehicle is titled, showing that the vehicle is titled in the name of the applicant and that no liens are recorded other than the lien for which a release has been submitted. The fee for the dealer lien release certificate of title is $20. (b) The Secretary may prescribe the maximum service charge to be
imposed upon an applicant for renewal of a registration by any person
authorized by law to receive and remit or transmit to the Secretary such
renewal application and fees therewith.
(c) If payment is delivered to the Office of the Secretary of State
as payment of any fee or tax under this Code, and such payment is not
honored for any reason, the registrant
or other person tendering the payment remains liable for the payment of
such fee or tax. The Secretary of State may assess a service charge of $25
in addition to the fee or tax due and owing for all dishonored payments.
If the total amount then due and owing exceeds the sum of $100 and
has not been paid in full within 60 days from the date the dishonored payment was first delivered to the Secretary of State, the Secretary of State shall
assess a penalty of 25% of such amount remaining unpaid.
All amounts payable under this Section shall be computed to the
nearest dollar. Out of each fee collected for dishonored payments, $5 shall be deposited in the Secretary of State Special Services Fund.
(d) The minimum fee and tax to be paid by any applicant for
apportionment of a fleet of vehicles under this Code shall be $15
if the application was filed on or before the date specified by the
Secretary together with fees and taxes due. If an application and the
fees or taxes due are filed after the date specified by the Secretary,
the Secretary may prescribe the payment of interest at the rate of 1/2
of 1% per month or fraction thereof after such due date and a minimum of
$8.
(e) Trucks, truck tractors, truck tractors with loads, and motor buses,
any one of which having a combined total weight in excess of 12,000 lbs.
shall file an application for a Fleet Reciprocity Permit issued by the
Secretary of State. This permit shall be in the possession of any driver
operating a vehicle on Illinois highways. Any foreign licensed vehicle of the
second division operating at any time in Illinois without a Fleet Reciprocity
Permit or other proper Illinois registration, shall subject the operator to the
penalties provided in Section 3-834 of this Code. For the purposes of this
Code, "Fleet Reciprocity Permit" means any second division motor vehicle with a
foreign license and used only in interstate transportation of goods. The fee
for such permit shall be $15 per fleet which shall include all
vehicles of the fleet being registered.
(f) For purposes of this Section, "all-terrain vehicle or off-highway
motorcycle used for production agriculture" means any all-terrain vehicle or
off-highway motorcycle used in the raising
of or the propagation of livestock, crops for sale for human consumption,
crops for livestock consumption, and production seed stock grown for the
propagation of feed grains and the husbandry of animals or for the purpose
of providing a food product, including the husbandry of blood stock as a
main source of providing a food product.
"All-terrain vehicle or off-highway motorcycle used in production agriculture"
also means any all-terrain vehicle or off-highway motorcycle used in animal
husbandry, floriculture, aquaculture, horticulture, and viticulture.
(g) All of the proceeds of the additional fees imposed by Public Act 96-34 shall be deposited into the Capital Projects Fund. (h) The fee for a duplicate registration sticker or stickers shall be the amount required under subsection (a) or the vehicle's annual registration fee amount, whichever is less. (i) All of the proceeds of (1) the additional fees imposed by Public Act 101-32, and (2) the $5 additional fee imposed by this amendatory Act of the 102nd General Assembly for a certificate of title for a motor vehicle other than an all-terrain vehicle, off-highway motorcycle, or motor home, mini motor home, or van camper shall be deposited into the Road Fund. (j) Beginning July 1, 2023, the $10 additional fee imposed by this amendatory Act of the 103rd General Assembly for a Certificate of Title shall be deposited into the Secretary of State Special Services Fund. (Source: P.A. 102-353, eff. 1-1-22; 103-8, eff. 7-1-23.)
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(625 ILCS 5/3-821.1)
Sec. 3-821.1.
Fees for record searches.
The fee to be paid to the
Secretary of State by any towing service requesting a record search shall be
in the amount the Secretary of State prescribes by rule.
(Source: P.A. 89-433, eff. 12-15-95.)
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(625 ILCS 5/3-821.2) Sec. 3-821.2. Delinquent registration renewal fee. (a) For registration renewal periods beginning on or after January 1, 2005, the Secretary of State may impose a delinquent registration renewal fee of $20 for the registration renewal of all passenger vehicles of the first division and motor vehicles of the second division weighing not more than 8,000 pounds if the application for registration renewal is received by the Secretary more than one month after the expiration of the most recent period during which the vehicle was registered. If a delinquent registration renewal fee is imposed, the Secretary shall not renew the registration of such a vehicle until the delinquent registration renewal fee has been paid, in addition to any other registration fees owed for the vehicle. Active duty military personnel stationed outside of Illinois shall not be required to pay the delinquent registration renewal fee. If a delinquent registration renewal fee is imposed, the Secretary shall adopt rules for the implementation of this Section. All fees collected under this Section shall be deposited into the General Revenue Fund.
(b) Notwithstanding the provisions of subsection (a), the Secretary of State shall not impose a delinquent registration renewal fee for the registration renewal of passenger vehicles of the first division and motor vehicles of the second division weighing not more than 8,000 pounds if a vehicle's registration expires during a period of time in which the Secretary is not sending registration renewal notices to owners of all of those vehicles with registration expiring at the same time as the applicable vehicle. It shall be an affirmative defense to a citation for an expired registration issued by any local, county, municipal, or State law enforcement agency within one month after the expiration of vehicle registration, that the expiration occurred during a period of time in which the Secretary was not sending registration renewal notices to owners of all passenger vehicles of the first division and motor vehicles of the second division weighing not more than 8,000 pounds with registration expiring at the same time as the applicable vehicle. A computer print-out of a page from the Secretary of State's official website setting forth the calendar months in which registration renewal notices were not sent to all owners of passenger vehicles of the first division and motor vehicles of the second division weighing not more than 8,000 pounds shall be admissible as evidence to establish the affirmative defense. The computer print-out shall be prima facie evidence of the correctness of the information contained in it. The changes made by this amendatory Act of the 99th General Assembly apply only to vehicle registrations that expire on or after the effective date of this amendatory Act of the 99th General Assembly. The provisions of this subsection (b), other than this sentence, are inoperative on and after June 30, 2017. (Source: P.A. 99-127, eff. 1-1-16; 99-887, eff. 8-25-16.) |
(625 ILCS 5/3-822)
Sec. 3-822. (Repealed).
(Source: P.A. 76-1586. Repealed by P.A. 94-239, eff. 1-1-06.)
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(625 ILCS 5/3-824) (from Ch. 95 1/2, par. 3-824)
Sec. 3-824. When fees returnable.
(a) Whenever any application
to the Secretary of State is accompanied by any fee as required by
law and such application is refused or rejected, said fee shall
be returned to said applicant.
(b) Whenever the Secretary of State collects any
fee not required to be paid under the provisions of this Act,
the same shall be refunded to the person paying the same upon
application therefor made within 6 months after the date of
such payment, except as follows: (1) whenever a
refund is determined to be due and
owing as a result of an audit, by this State or any other state or province,
in accordance with Section 2-124 of this Code, of a prorate or apportion
license fee payment pursuant to any reciprocal compact or agreement
between this State and any other state or province, and the Secretary for
any reason fails to promptly make such refund, the licensee shall have one
year from the date of the notification of the audit result to file, with
the Secretary, an application for refund found to be due and owing as a
result of such audit; and (2) whenever a person eligible for a reduced
registration fee pursuant to Section
3-806.3 of this Code has paid in excess of the reduced registration fee
owed, the refund applicant shall have 2 years from the date of overpayment
to apply with the Secretary for a refund of that part of payment made in
excess of the established reduced registration fee.
(c) Whenever a person dies after making application for
registration, application for a refund of the registration
fees and taxes may be made if the vehicle is then sold or
disposed of so that the registration plates or digital registration plates, registration
sticker or digital registration sticker and card are never used. The Secretary of State shall
refund the registration fees and taxes upon receipt within 6
months after the application for registration of an application
for refund accompanied with the unused registration plates or digital registration plates or
registration sticker or digital registration sticker and card and proof of both the death of
the applicant and the sale or disposition of the vehicle.
(d) Any application for refund received after the times
specified in this Section shall be denied and the applicant
in order to receive a refund must apply to the Court of Claims.
(d-5) Refunds may be granted for any title-related transaction if a title application has not been processed by the Secretary of State. If any application for a certificate of title under Section 3-104 or salvage title under Section 3-118 is verified by the National Motor Vehicle Title Information System (NMVTIS), and receives a warning or error from the NMVTIS reporting that the vehicle requires either a salvage certificate or a junk certificate in lieu of the original applied certificate of title or salvage title, then the applicant shall have 6 months to apply for a refund of cost, or the difference of the certificate of title or salvage certificate. (e) The Secretary of State is authorized to maintain a two
signature revolving checking account with a suitable commercial
bank for the purpose of depositing
and withdrawal-for-return those monies received and determined
upon receipt to be in excess of the amount or amounts required by law.
(f) Refunds on audits performed by Illinois or another member of the
International Registration Plan shall be made in accordance with the procedures
as set forth in the agreement.
(Source: P.A. 101-395, eff. 8-16-19.)
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(625 ILCS 5/3-824.5)
Sec. 3-824.5.
Applicability of fee and tax increases.
The fee and tax
increases in this Code made by this amendatory Act of the 91st General Assembly
that apply to registrations apply to registration year 2001 and thereafter.
The registration fees and taxes in existence on the day prior to the effective
date of this amendatory Act of the 91st General Assembly apply throughout
registration year 2000. All other fee and tax increases in this Code made by
this amendatory Act of the 91st General Assembly shall apply beginning January
1, 2000 and thereafter.
(Source: P.A. 91-37, eff. 7-1-99.)
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(625 ILCS 5/3-825) (from Ch. 95 1/2, par. 3-825)
Sec. 3-825.
Certificate of Safety.
Every application for registration of a motor vehicle which is subject
to vehicle inspection may be accompanied by proof that a valid and
unrevoked Certificate of Safety has been issued for each such vehicle. The
Secretary of State may at his discretion decline to register any such
vehicle unless the application is accompanied with such proof.
(Source: P.A. 76-1997.)
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(625 ILCS 5/3-827) (from Ch. 95 1/2, par. 3-827)
Sec. 3-827.
(Repealed).
(Source: Repealed by P.A. 88-415.)
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(625 ILCS 5/3-828) (from Ch. 95 1/2, par. 3-828)
Sec. 3-828.
Lien for violations.
Any vehicle used in violation of the provision of this Act shall be
subject to a lien for the full amount of all unpaid registration fees, flat
weight taxes, and penalties. Such lien shall not release the offender from
the full payment of all such fees, taxes, penalties and damages. The lien
shall attach at the time of operation of any such vehicle within this State
and shall remain effective until all unpaid registration fees, flat weight
taxes, penalties and audit fees are paid, or until the vehicle is sold for
the payment thereof. Such liens shall be superior to any other lien except
that:
(a) no lien for any amounts due or assessed pursuant to this Section
shall be enforceable against any vehicle which prior to such assessment had
been transferred in good faith to a bona fide transferee for value;
(b) the lien of any amounts due or assessed shall be subject to a prior
lien of any indebtedness existing against such vehicle which is noted on
the certificate of title of such vehicle issued under this Act, or as to a
vehicle from another jurisdiction, if written notice thereof is filed with
the Secretary of State before such lien becomes operative and if
(1) Such prior indebtedness was incurred in good faith to secure all or
a portion of the purchase price of such vehicle, and
(2) Such prior indebtedness is secured by a chattel mortgage or
conditional sales agreement duly filed or perfected in this State pursuant
to law and such chattel mortgage or conditional sales was not given
directly or indirectly, to any officer, director or shareholder of a
corporation, or to a partner of a partnership, or to a trustee or
beneficiary of a trust, owning or having the lawful use or control of such
vehicle, whether as a purchase money mortgage or otherwise.
The lien imposed under this Section shall be enforceable as to any
equity after the encumbrance of any such chattel mortgage or conditional
sales contract, and in the event any such vehicle subject to a lien
hereunder is repossessed by a chattel mortgagee or a conditional vendor,
such vehicle shall not be sold at any public or private sale unless at
least 5 days written notice by registered mail is served upon the Secretary
of State.
The Secretary of State, upon perfecting a prior lien hereunder for any
flat weight taxes required to be paid under Section 3-815 may in his
discretion waive the requirement for the surety bond specified in Section
3-816, providing that the said prior lien is so noted on the certificate of
title for such vehicle or vehicles.
Any surety making payment of a second installment of taxes under Section
3-816 of this Act, may impress a lien similar to that of the Secretary of
State, and such lien may be noted on title records and documents. The
surety shall, however, pay any statutory fees therefor.
(Source: P.A. 77-1464.)
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(625 ILCS 5/3-829) (from Ch. 95 1/2, par. 3-829)
Sec. 3-829.
Foreclosure of Lien - Service of Processes - Notices.
In any action to foreclose the lien imposed by Section 3-828 service of
process on all known owners and parties in interest shall be made in the
manner now prescribed by law, and, as to all unknown owners and parties in
interest, notice of the pendency of such action shall be given by
publication in some newspaper of general circulation published in the
county where the suit is pending, or if there is no such newspaper, then in
a newspaper of general circulation published in an adjoining county in this
State and having a general circulation in the county in which such suit is
pending. Such notice shall contain the title of the court; the title of the
case, showing the names of all known owners and parties in interest; a
statement that publication is being made as to unknown owners and parties
in interest; and the date on or after which default may be entered against
the defendants.
(Source: P.A. 76-1586.)
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(625 ILCS 5/3-830) (from Ch. 95 1/2, par. 3-830)
Sec. 3-830.
Notice of pendency of action - Time and number of publications - Default.
The notice required by Section 3-829 may be given at any time after
commencement of the suit, and shall be published at least once each week
for 3 successive weeks. No default or other proceeding shall be taken
against any defendant as to whom publication was made and who does not
appear, unless the first publication is at least 30 days prior to the time
when the default or other proceeding is sought to be taken.
(Source: P.A. 76-1586.)
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(625 ILCS 5/3-831) (from Ch. 95 1/2, par. 3-831)
Sec. 3-831.
Secretary to institute suits.
The Secretary of State may institute, in the name of the People of the
State of Illinois, a suit or suits in the circuit court
to enforce the collection of any fees, taxes, interest, penalties or
damages provided for in this Act, or to enjoin violations of this Act.
(Source: P.A. 79-1358.)
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(625 ILCS 5/3-832) (from Ch. 95 1/2, par. 3-832)
Sec. 3-832.
Service of Process.
The operation, with the consent of the owner, upon the highways of the
State of any motor vehicle of the second division shall be deemed an
appointment by the owner of the driver of the vehicle as the owner's agent
upon whom may be served process in any civil or criminal proceeding against
such owner based upon failure to register, improper registration or failure
to pay the proper fees or taxes with respect to any motor vehicles of the
second division of such owner.
(Source: P.A. 76-1586.)
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(625 ILCS 5/3-833) (from Ch. 95 1/2, par. 3-833)
Sec. 3-833.
Unlawful acts.
It shall be unlawful for any person to own or operate a vehicle on the
public highways of this State without complying with this Act.
(Source: P.A. 76-1586.)
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(625 ILCS 5/3-834) (from Ch. 95 1/2, par. 3-834)
Sec. 3-834.
Violations of this Chapter 3.
(a) It is unlawful for any person to violate any of the
provisions of this Chapter 3, except as provided in paragraph
(b)
of this Section, unless such violation is by this Code or other law of
this State declared to be a felony.
(b) Every person convicted of a misdemeanor for a violation of any
of the provisions of this Chapter 3 for which another penalty is not
provided shall for a first and second conviction be guilty of a petty offense;
upon a third or subsequent conviction within one year after
the first conviction such person shall be guilty of a Class C
misdemeanor. Compliance with the registration provisions of this Code
after apprehension or arrest shall not excuse imposition of the
penalties herein provided nor be cause for dismissal of the arrest or of
the summons nor be a basis for setting aside a conviction therefor.
(Source: P.A. 88-476.)
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(625 ILCS 5/Ch. 3 Art. IX heading) ARTICLE IX.
REMITTANCE AGENTS
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(625 ILCS 5/3-900) (from Ch. 95 1/2, par. 3-900)
Sec. 3-900.
(Repealed).
(Source: P.A. 88-470. Repealed by P.A. 90-89, eff. 1-1-98.)
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(625 ILCS 5/3-901) (from Ch. 95 1/2, par. 3-901)
Sec. 3-901. Purpose of Article.
Many persons throughout the State hold themselves out to the public as
being engaged in, and have engaged in, accepting money from members of the
public for remittance to the State of Illinois, and its licensing and
taxing agencies in payment of registration plates, vehicle certificates of title, taxes, or
registration fees. Some of these persons have failed to make such
remittance with the consequent loss to the remitters. It is the public
policy of this State that its people be protected against such hazards.
(Source: P.A. 97-832, eff. 7-20-12.)
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(625 ILCS 5/3-902) (from Ch. 95 1/2, par. 3-902)
Sec. 3-902. Application of Article. This Article shall not apply to any person who, in connection with the issuance of a
license to him to conduct a business in this State other than a remitter's license, shall have filed,
pursuant to a statutory requirement, a surety bond covering the proper
discharge of any liability incurred by him in connection with the
acceptance for remittance of money for the purposes designated in the
Article pursuant to which he or she is licensed.
(Source: P.A. 97-832, eff. 7-20-12; 98-463, eff. 8-16-13.)
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(625 ILCS 5/3-903) (from Ch. 95 1/2, par. 3-903)
Sec. 3-903. License.
It shall be unlawful for any person to
act as a "remittance agent" in the State of Illinois without first having
obtained or renewed a license and posted a bond, as
hereafter provided.
(Source: P.A. 97-832, eff. 7-20-12.)
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(625 ILCS 5/3-904) (from Ch. 95 1/2, par. 3-904)
Sec. 3-904. Application; contents; affidavits; prelicense education certification. (a) Any person who desires to act as a "remittance agent" shall first file
with the Secretary of State a written application for a license. The
application shall be under oath and shall contain the following:
1. The name and address of the applicant.
2. The address of each location at which the | ||
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3. The applicant's business, occupation or | ||
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4. A statement disclosing whether he has been | ||
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5. A statement that the applicant has not committed | ||
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6. Any other information concerning the business of | ||
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(b) The application under subsection (a) shall be accompanied by the affidavits of two persons
residing in the city or town of such applicant's residence. Such affiants
shall state that they have known the applicant for a period of at least two
years; that the applicant is of good moral character and that his
reputation for honesty and business integrity in the community in which he
resides is good. If the applicant is not an individual, the requirements of
this paragraph shall apply to each of its officers or members.
(c) The application under subsection (a) shall be
accompanied by a copy of the certification from the
prelicensing education program required by Section 3-904.5. (Source: P.A. 101-505, eff. 1-1-20.)
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(625 ILCS 5/3-904.2) Sec. 3-904.2. Remittance agent background check. Each applicant for a remittance license shall have his or her fingerprints submitted to the Department of State Police in an electronic format that complies with the form and manner for requesting and furnishing criminal history record information as prescribed by the Department of State Police. These fingerprints shall be checked against the Department of State Police and Federal Bureau of Investigation criminal history record databases now and hereafter filed, including, but not limited to, civil, criminal, and latent fingerprint databases. The Department of State Police shall charge applicants a fee for conducting the criminal history records check, which shall be deposited in the State Police Services Fund and shall not exceed the actual cost of the records check. The Department of State Police shall furnish, pursuant to positive identification, records of Illinois convictions to the Secretary of State.
(Source: P.A. 101-505, eff. 1-1-20.) |
(625 ILCS 5/3-904.5) Sec. 3-904.5. Remittance agent prelicensing education program courses. (a) An applicant for a license as a remittance agent shall
complete a minimum of 8 hours of prelicensing education program
courses under this Section prior to submitting an application
to the Secretary of State. (b) To meet the requirements of this Section, at least one
person who is associated with the remittance agent as an owner,
principal, corporate officer, director, or member or partner of
a limited liability company or limited liability partnership
shall complete the education program courses. (c) The prelicensing education program courses shall be
provided by public or private entities with an expertise in the
area as approved by the Secretary of State. The Secretary of
State must approve course curricula and instruction, in
consultation with the Department of Transportation and any
private entity with expertise in the area in the Secretary's
discretion. (d) Each person who successfully completes an approved
prelicensing education program under this Section shall be
issued a certificate by the education program provider. The
current certificate of completion, or a copy of the current
certificate, shall be posted conspicuously in the principal
office of the licensee. (e) The provisions of this Section apply to all remittance
agents including, but not limited to, persons, corporations,
and partnerships, except for the following: (1) motor vehicle rental companies having a national | ||
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(2) national motor vehicle auction companies; (3) wholesale dealer-only auction companies; (4) used vehicle dealerships owned by a franchise | ||
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(5) banks, credit unions, and savings and loan | ||
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(Source: P.A. 101-505, eff. 1-1-20.) |
(625 ILCS 5/3-905) (from Ch. 95 1/2, par. 3-905)
Sec. 3-905. Bond; fee; duration of license. Such applicant shall,
with
his application, deposit with the Secretary of State a bond as hereinafter
provided, for each location at which the applicant intends to act as a
remittance agent. The application shall be accompanied by the payment of a
license fee in the sum of $50.00 (or $25.00 if such application is filed
after July 1) for each location at which he proposes to act as a remittance
agent. If the applicant shall have complied with all of the requirements of
this Section and the Secretary of State shall find after investigation that
the applicant is financially sound and of good business integrity, he shall
issue the required license. Such license shall terminate on December 31 of
the year for which it is issued, but upon application prior to November 15
of any year for which a license is in effect may be renewed for the next
succeeding calendar year. Such application shall be accompanied by the
payment of an annual license fee of $50.00 for each location at which the
applicant proposes to act as a remittance agent and the posting of the bond
herein provided, for each such location.
The bond required by this Section shall be for the term of the
license, or renewal thereof, for which application is made, and shall
run to the People of the State of Illinois, with surety by a bonding or
insurance company authorized to do business in this State, to be
approved by the Secretary of State. It shall be conditioned upon the
proper transmittal of all remittances by the applicant as a
remittance agent and the performance of all undertakings in connection
therewith. It shall be in the minimum sum of $20,000, or in an amount
equal to the aggregate sum of money transmitted to the State by
the applicant during the highest 15 day period in the fiscal
year
immediately preceding the one for which application is made (rounded to
the nearest $1,000), whichever is the greater. However, for the purpose
of determining the bond requirements hereunder, remittances made by
applicants in the form of money orders, checks, or electronic payments which are made payable
directly to the Secretary of State or the Illinois Department of
Revenue by the remitter, shall not be
considered in the aggregate. The bond requirement of this
Section shall not
apply to banks, savings and loan associations, and credit
unions chartered by the State
of Illinois or the United States; provided that the banks, savings
and
loan associations, and credit unions provide to the
Secretary of State an affidavit stating that
the bank, savings and loan association, or credit union is
sufficiently bonded to meet the
requirements as required above. Such affidavit shall be signed by an officer
of the bank, savings and loan association, or credit union and
shall be notarized.
(Source: P.A. 99-324, eff. 1-1-16; 100-450, eff. 1-1-18.)
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(625 ILCS 5/3-906) (from Ch. 95 1/2, par. 3-906)
Sec. 3-906. Denial.
The Secretary of State shall deny any application under this Article
upon any of the following grounds:
(1) That the application contains any false or | ||
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(2) That the applicant has failed to furnish the | ||
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(3) That the required fee has not been paid; or
(4) That the applicant has failed to remit fees to | ||
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(5) That the applicant has engaged in fraudulent | ||
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(6) That the applicant or a member of his immediate | ||
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(7) That the Secretary of State is authorized under | ||
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If the Secretary of State denies the application for a license, or
renewal thereof, he shall so order in writing and
notify the applicant thereof by certified mail. Upon the denial of an
application for a license, or renewal thereof, he shall return the license
fee. An applicant may contest the denial of an application for a license or renewal thereof by requesting an administrative hearing pursuant to Section 2-118 of this Code.
(Source: P.A. 97-832, eff. 7-20-12.)
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(625 ILCS 5/3-907) (from Ch. 95 1/2, par. 3-907)
Sec. 3-907. Suspension or revocation.
Such license may be suspended or revoked by the Secretary of State for
the violation of any provision of this Act or any rule or regulation of the
Secretary of State and for any reason which, had it existed or been known
to the Secretary of State at the time of the filing of the application for
such license, would have been good cause for the denial of such
application. The Secretary of State shall order such license suspended or revoked in writing and shall notify the licensee of the order by certified mail. A licensee may, upon receipt of an order of suspension or
revocation seek a hearing to review such order pursuant to Section 2-118 of this Code.
(Source: P.A. 97-832, eff. 7-20-12.)
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(625 ILCS 5/3-908) (from Ch. 95 1/2, par. 3-908)
Sec. 3-908.
Location.
A licensee may not do business at a location not set forth in his
license, but the Secretary of State may issue an amended license covering
an additional location or locations, upon application therefor, the payment
of an additional license fee and the posting of the required bond for each
such location.
(Source: P.A. 76-1705.)
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(625 ILCS 5/3-909) (from Ch. 95 1/2, par. 3-909)
Sec. 3-909.
Money accepted for remittance - Obligations of licensee.
Each licensee shall forward to the remittee all money accepted for
remittance not later than the fifth calendar day after the date upon which
such money was received by the licensee, and shall promptly fulfill any
other obligation it has undertaken in connection therewith.
(Source: P.A. 76-1705.)
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(625 ILCS 5/3-910) (from Ch. 95 1/2, par. 3-910)
Sec. 3-910.
Records of transactions.
Each licensee shall maintain for a period of three years the following
records with reference to each transaction involving a remittance:
1. The address of the location at which the transaction occurred.
2. The name and address of the remitter.
3. The name and address of the remittee.
4. The purpose of the remittance.
5. The amount of money received for remittance.
6. The date of receipt of the money for remittance by the licensee.
7. The date such money was forwarded to the remittee.
8. If applicable, the date the license plate, vehicle tax sticker,
license or other instrument issued by the remittee, was delivered to the
remitter by the licensee.
(Source: P.A. 76-1705.)
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(625 ILCS 5/3-911) (from Ch. 95 1/2, par. 3-911)
Sec. 3-911.
Examination of business.
The Secretary of State or any of his representatives designated by him
may examine the business of any person who acts, or may be acting, as a
remittance agent, to determine whether such person is complying with the
provisions of this Act and with such rules and regulations as may be
promulgated by the Secretary of State pursuant to its provisions. For that
purpose, the Secretary of State or his representatives shall have free
access to the offices, places of business, and records of any such person.
(Source: P.A. 76-1705.)
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(625 ILCS 5/3-912) (from Ch. 95 1/2, par. 3-912)
Sec. 3-912.
Rules and regulations.
The Secretary of State may make such rules, regulations, direction,
orders, decisions and findings as may be necessary for the enforcement of
this Act and the purposes sought to be attained herein.
(Source: P.A. 76-1705.)
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(625 ILCS 5/3-913) (from Ch. 95 1/2, par. 3-913)
Sec. 3-913. Hearings. Hearings under this Article shall be governed by Section 2-118 of this
Act and the Administrative Review Law as amended, shall apply to and
govern all proceedings for judicial review of any final order issued by the
Secretary of State.
(Source: P.A. 97-832, eff. 7-20-12.)
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(625 ILCS 5/3-914) (from Ch. 95 1/2, par. 3-914)
Sec. 3-914.
Violations - Injunction.
The violation of any provision of this Act by any remittance agent may
be restrained by the issuance of an injunction by
the circuit court, against him and any other person who shall aid or abet him in
such violation, upon filing of a complaint by any person adversely affected
thereby, the State's Attorney of such county, or by the Attorney General of
the State of Illinois.
(Source: P.A. 79-1358.)
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(625 ILCS 5/3-915) (from Ch. 95 1/2, par. 3-915)
Sec. 3-915.
Any person who violates, or who aids or abets another in the violation,
of any provision of this Act or any rule or regulation promulgated
thereunder, or does any act prohibited by this Act, or who fails, neglects,
or refuses to perform any duty required by any provision of this Act or
rule or regulation of the Secretary of State, within the time prescribed by
the Secretary of State, or who fails, neglects, or refuses to obey any
lawful order given or made by the Secretary of State, shall be guilty of a
Class B misdemeanor, and each such act, failure, neglect, or refusal shall
constitute a separate and distinct offense.
(Source: P.A. 77-2720.)
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(625 ILCS 5/3-916) (from Ch. 95 1/2, par. 3-916)
Sec. 3-916.
Issuance of license - Effect.
The issuance of a license pursuant to the provisions of this Act shall
not be construed to grant to any remittance agent the authority to act as
agent for the State of Illinois or any of its instrumentalities or
political subdivisions, or for any of their officials or for any other
person.
(Source: P.A. 76-1705.)
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(625 ILCS 5/3-917) (from Ch. 95 1/2, par. 3-917)
Sec. 3-917.
Recovery of damages.
Any person who shall have been damaged by reason of the failure of any
"remittance agent" to fulfill the conditions of any bond filed pursuant to
the provisions of this Act may maintain a suit thereon to recover his
damages and his reasonable attorney's fees, against such "remittance agent"
or his surety, or both: provided, however, the aggregate liability of the
surety to all such persons shall, in no event, exceed the sum of such bond.
(Source: P.A. 76-1705.)
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(625 ILCS 5/3-918)
Sec. 3-918. (Repealed).
(Source: P.A. 98-756, eff. 7-16-14. Repealed by P.A. 98-787, eff. 7-25-14.)
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(625 ILCS 5/Ch. 3 Art. X heading) ARTICLE X.
VEHICLE USE TAX
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(625 ILCS 5/3-1001) (from Ch. 95 1/2, par. 3-1001) Sec. 3-1001. A tax is hereby imposed on the privilege of using, in this State, any motor vehicle as defined in Section 1-146 of this Code acquired by gift, transfer, or purchase, and having a year model designation preceding the year of application for title by 5 or fewer years prior to October 1, 1985 and 10 or fewer years on and after October 1, 1985 and prior to January 1, 1988. On and after January 1, 1988, the tax shall apply to all motor vehicles without regard to model year. Except that the tax shall not apply: (i) if the use of the motor vehicle is otherwise | ||||||||||||||||||||||||||
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(ii) if the motor vehicle is bought and used by a | ||||||||||||||||||||||||||
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(iii) if the use of the motor vehicle is not subject | ||||||||||||||||||||||||||
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(iv) to implements of husbandry; (v) when a junking certificate is issued pursuant to | ||||||||||||||||||||||||||
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(vi) when a vehicle is subject to the replacement | ||||||||||||||||||||||||||
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(vii) when the transfer is a gift to a beneficiary in | ||||||||||||||||||||||||||
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(viii) if the motor vehicle is purchased for the | ||||||||||||||||||||||||||
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Prior to January 1, 1988, the rate of tax shall be 5% of the selling price for each purchase of a motor vehicle covered by Section 3-1001 of this Code. Except as hereinafter provided, beginning January 1, 1988 and until January 1, 2022, the rate of tax shall be as follows for transactions in which the selling price of the motor vehicle is less than $15,000: | ||||||||||||||||||||||||||
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Except as hereinafter provided, beginning January 1, 1988 and until January 1, 2022, the rate of tax shall be as follows for transactions in which the selling price of the motor vehicle is $15,000 or more: | ||||||||||||||||||||||||||
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Except as hereinafter provided, beginning on January 1, 2022, the rate of tax shall be as follows for transactions in which the selling price of the motor vehicle is less than $15,000: (1) if one year or less has transpired after the | ||||||||||||||||||||||||||
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(2) if 2 years have transpired after the model year | ||||||||||||||||||||||||||
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(3) if 3 years have transpired after the model year | ||||||||||||||||||||||||||
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(4) if 4 years have transpired after the model year | ||||||||||||||||||||||||||
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(5) if 5 years have transpired after the model year | ||||||||||||||||||||||||||
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(6) if 6 years have transpired after the model year | ||||||||||||||||||||||||||
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(7) if 7 years have transpired after the model year | ||||||||||||||||||||||||||
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(8) if 8 years have transpired after the model year | ||||||||||||||||||||||||||
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(9) if 9 years have transpired after the model year | ||||||||||||||||||||||||||
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(10) if 10 years have transpired after the model year | ||||||||||||||||||||||||||
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(11) if more than 10 years have transpired after the | ||||||||||||||||||||||||||
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Except as hereinafter provided, beginning on January 1, 2022, the rate of tax shall be as follows for transactions in which the selling price of the motor vehicle is $15,000 or more: (1) if the selling price is $15,000 or more, but less | ||||||||||||||||||||||||||
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(2) if the selling price is $20,000 or more, but less | ||||||||||||||||||||||||||
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(3) if the selling price is $25,000 or more, but less | ||||||||||||||||||||||||||
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(4) if the selling price is $30,000 or more, but less | ||||||||||||||||||||||||||
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(5) if the selling price is $50,000 or more, but less | ||||||||||||||||||||||||||
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(6) if the selling price is $100,000 or more, but | ||||||||||||||||||||||||||
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(7) if the selling price is $1,000,000 or more, then | ||||||||||||||||||||||||||
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For the following transactions, the tax rate shall be $15 for each motor vehicle acquired in such transaction: (i) when the transferee or purchaser is the spouse, | ||||||||||||||||||||||||||
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(ii) when the transfer is a gift to a beneficiary in | ||||||||||||||||||||||||||
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(iii) when a motor vehicle which has once been | ||||||||||||||||||||||||||
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A claim that the transaction is taxable under subparagraph (i) shall be supported by such proof of family relationship as provided by rules of the Department. For a transaction in which a motorcycle, motor driven cycle or moped is acquired the tax rate shall be $25. On and after October 1, 1985 and until January 1, 2022, 1/12 of $5,000,000 of the moneys received by the Department of Revenue pursuant to this Section shall be paid each month into the Build Illinois Fund; on and after January 1, 2022, 1/12 of $40,000,000 of the moneys received by the Department of Revenue pursuant to this Section shall be paid each month into the Build Illinois Fund; and the remainder shall be paid into the General Revenue Fund. The tax imposed by this Section shall be abated and no longer imposed when the amount deposited to secure the bonds issued pursuant to the Build Illinois Bond Act is sufficient to provide for the payment of the principal of, and interest and premium, if any, on the bonds, as certified to the State Comptroller and the Director of Revenue by the Director of the Governor's Office of Management and Budget.(Source: P.A. 104-6, eff. 6-16-25.) |
(625 ILCS 5/3-1002) (from Ch. 95 1/2, par. 3-1002)
Sec. 3-1002.
The purchaser shall file a return signed by the purchaser
with the Department of
Revenue on a form prescribed by the Department. Such return shall
contain substantially the following and such other information as
the Department may reasonably require:
VERIFICATION
I declare that I have examined this return and to the best of my
knowledge it is true, correct and complete. I understand that the penalty
for willfully filing a false return shall be a fine not to exceed $1,000 or imprisonment
in a penal institution other than the penitentiary not
to exceed one year, or both fine and imprisonment...................... ........................ Date Signature of purchaser
Such
return and payment from the purchaser shall be submitted to the
Department after the sale and shall be a condition to securing in order
to secure the title to the motor
vehicle from the Secretary of State.
When a purchaser pays the tax imposed by Section 3-1001 of this Code,
the Department (upon request therefor from such purchaser) shall issue
an appropriate receipt to such purchaser showing that he has paid such
tax to the Department. Such receipt shall be sufficient to relieve the
purchaser from further liability for the tax to which such receipt may
refer.
(Source: P.A. 84-109.)
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(625 ILCS 5/3-1002.1) (from Ch. 95 1/2, par. 3-1002.1)
Sec. 3-1002.1.
Any person required to file a return under this Article
who willfully files a false or incomplete return is guilty of a Class
A misdemeanor.
(Source: P.A. 84-109.)
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(625 ILCS 5/3-1002.2) (from Ch. 95 1/2, par. 3-1002.2)
Sec. 3-1002.2.
For the purpose of assisting in
determining the validity
of the "selling price" reported on returns filed with the Department, the
Department may furnish the following information to persons with whom the
Department has contracted for service related to making such determination:
the selling price stated on the return; vehicle identification number;
year, make and model name or number of the vehicle; county code; purchase
date; and mileage.
(Source: P.A. 84-1307; 84-1438.)
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(625 ILCS 5/3-1003) (from Ch. 95 1/2, par. 3-1003)
Sec. 3-1003.
The Department shall have full power to administer and enforce
this Article; to collect all taxes, penalties and interest due hereunder; to
dispose of taxes, penalties and interest so collected in the manner hereinafter
provided, and to determine all rights to credit memoranda or refunds arising
on account of the erroneous payment of tax penalty or interest hereunder.
In the administration of, and compliance with, this Article, the Department
and persons who are subject to this Article shall have the same rights,
remedies, privileges, immunities, powers and duties, and be subject to
the same conditions, restrictions, limitations, penalties and definitions
of terms, and employ the same modes of procedure, as are prescribed in the
Use Tax Act, as now or hereafter amended, which are not inconsistent with
this Article, as fully as if provisions contained in those Sections of the
Use Tax Act were set forth in this Article.
In addition to any other penalties imposed under law, any person
convicted of violating the provisions of this Article, shall be assessed a
fine of $1,000.
(Source: P.A. 85-444.)
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(625 ILCS 5/3-1004) (from Ch. 95 1/2, par. 3-1004)
Sec. 3-1004.
The State Department of Revenue shall, upon collecting any
taxes as provided in this Article, pay such taxes over to the General
Revenue Fund.
(Source: P.A. 84-471.)
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(625 ILCS 5/3-1005) (from Ch. 95 1/2, par. 3-1005)
Sec. 3-1005.
The Department shall have the authority to adopt such rules
and regulations as are reasonable and necessary to implement the provisions
of this Article.
(Source: P.A. 81-2nd S.S.-3.)
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(625 ILCS 5/3-1006) (from Ch. 95 1/2, par. 3-1006)
Sec. 3-1006.
For the purposes of this Article, "Department" is the Department
of Revenue of the State of Illinois.
(Source: P.A. 81-2nd S.S.-3.)
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(625 ILCS 5/Ch. 3 Art. XI heading) ARTICLE XI.
REPLACEMENT VEHICLE TAX
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(625 ILCS 5/3-2001) (from Ch. 95 1/2, par. 3-2001)
Sec. 3-2001.
Until July 1, 2003, a tax of $200 is hereby imposed on the
purchase of any
passenger car as defined in Section 1-157 of this Code, purchased in
Illinois by or on behalf of an insurance company to replace a passenger
car of an insured person in settlement of a total loss claim.
The tax imposed by this Section shall apply only to that portion of the
purchase price of the replacement vehicle paid by the insurance company in
settlement of the total loss claim, but not including any portion of such
insurance payment which exceeds the market value of the total loss vehicle.
(Source: P.A. 93-24, eff. 6-20-03.)
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(625 ILCS 5/3-2002) (from Ch. 95 1/2, par. 3-2002)
Sec. 3-2002.
The purchaser insurance company or broker for an insurance
company shall file a return with the Department of
Revenue on a form prescribed by the Department. Such return shall
contain such information as the Department may reasonably require. Such
return and payment from the purchaser shall be submitted to the
Department after the sale in order to secure the title to the motor
vehicle.
When a purchaser pays the tax imposed by Section 3-2001 of this Code,
the Department (upon request therefor from such purchaser) shall issue
an appropriate receipt to such purchaser showing that he has paid such
tax to the Department. Such receipt shall be sufficient to relieve the
purchaser from further liability for the tax to which such receipt may
refer.
(Source: P.A. 83-114.)
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(625 ILCS 5/3-2003) (from Ch. 95 1/2, par. 3-2003)
Sec. 3-2003.
The Department shall have full power to administer and enforce
this Article; to collect all taxes, penalties and interest due hereunder;
to dispose of taxes, penalties and interest so collected in the manner hereinafter
provided, and to determine all rights to credit memoranda or refunds arising
on account of the erroneous payment of tax penalty or interest hereunder.
In the administration of, and compliance with, this Article, the Department
and persons who are subject to this Article shall have the same rights,
remedies, privileges, immunities, powers and duties, and be subject to
the same conditions, restrictions, limitations, penalties and definitions
of terms, and employ the same modes of procedure, as are prescribed in the Use Tax Act,
as now or hereafter amended, which are not inconsistent with this Article,
as fully as if provisions contained in those Sections of the Use Tax Act
were set forth in this Article.
(Source: P.A. 83-114.)
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(625 ILCS 5/3-2004) (from Ch. 95 1/2, par. 3-2004)
Sec. 3-2004.
The State Department of Revenue shall, upon collecting
any taxes as provided in this Article, pay such taxes over to the General
Revenue Fund.
(Source: P.A. 84-471.)
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(625 ILCS 5/3-2005) (from Ch. 95 1/2, par. 3-2005)
Sec. 3-2005.
The Department shall have the authority to adopt such rules
and regulations as are reasonable and necessary to implement the provisions
of this Article.
(Source: P.A. 83-114.)
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(625 ILCS 5/3-2006) (from Ch. 95 1/2, par. 3-2006)
Sec. 3-2006.
For the purposes of this Article, "Department" is the Department
of Revenue of the State of Illinois.
(Source: P.A. 83-114.)
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(625 ILCS 5/Ch. 4 heading) CHAPTER 4.
ANTI-THEFT LAWS AND ABANDONED VEHICLES
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(625 ILCS 5/Ch. 4 Art. I heading) ARTICLE I.
ANTI-THEFT LAWS
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(625 ILCS 5/4-100) (from Ch. 95 1/2, par. 4-100)
Sec. 4-100.
(Repealed).
(Source: P.A. 85-572. Repealed by P.A. 90-89, eff. 1-1-98.)
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(625 ILCS 5/4-101) (from Ch. 95 1/2, par. 4-101)
Sec. 4-101.
Applicability of this Chapter.
The provisions of this Chapter apply to all vehicles.
(Source: P.A. 76-1586.)
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(625 ILCS 5/4-102) (from Ch. 95 1/2, par. 4-102)
Sec. 4-102.
Offenses relating to motor vehicles and other
vehicles - Misdemeanors.
(a) It is a violation of this Chapter for:
(1) A person, without authority to do so, to damage a | ||
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(2) A person, without authority to do so, to tamper | ||
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(3) A person to fail to report a vehicle as unclaimed | ||
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(b) Sentence. A person convicted of a violation of this Section shall
be guilty of a Class A misdemeanor. A person convicted of a violation of
this Section a second or subsequent time, shall be guilty of a Class 4 felony.
(Source: P.A. 86-1209.)
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(625 ILCS 5/4-103) (from Ch. 95 1/2, par. 4-103)
Sec. 4-103. Offenses relating to motor vehicles and other
vehicles - Felonies.
(a) Except as provided in subsection (a-1), it is a violation of this
Chapter for:
(1) A person not entitled to the possession of a | ||
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(2) A person to knowingly remove, alter, deface, | ||
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(3) A person to knowingly conceal or misrepresent the | ||
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(4) A person to buy, receive, possess, sell or | ||
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(5) A person to knowingly possess, buy, sell, | ||
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(6) A person to knowingly make a false report of the | ||
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(a-1) A person engaged in the repair or servicing of vehicles does not
violate
this
Chapter by knowingly possessing a manufacturer's identification number plate
for the
purpose of reaffixing it on the same damaged vehicle from which it was
originally taken,
if the person reaffixes or intends to reaffix the original manufacturer's
identification
number plate in place of the identification number plate affixed on a new
dashboard that
has been or will be installed in the vehicle. The person must notify the
Secretary of State
each time the original manufacturer's identification number plate is reaffixed
on a
vehicle. The person must keep a record indicating that the identification
number plate
affixed on the new dashboard has been removed and has been replaced by the
manufacturer's identification number plate originally affixed on the vehicle.
The person
also must keep a record regarding the status and location of the identification
number
plate removed from the replacement dashboard.
The Secretary shall adopt rules for implementing this subsection (a-1).
(a-2) The owner of a vehicle repaired under subsection (a-1) must,
within 90 days of the date of the repairs, contact an officer of the Illinois
State Police Vehicle Inspection Bureau and arrange for an inspection of the
vehicle, by the officer or the officer's designee, at a mutually agreed upon
date and location.
(b) Sentence. A person convicted of a violation of this Section shall
be guilty of a Class 2 felony.
(c) The offenses set forth in subsection (a) of this Section shall not
include the offense set forth in Section 4-103.2 of this Code.
(Source: P.A. 100-745, eff. 8-10-18.)
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(625 ILCS 5/4-103.1) (from Ch. 95 1/2, par. 4-103.1)
Sec. 4-103.1.
Vehicle theft conspiracy.
(a) Elements of the offense. A
person commits vehicle theft conspiracy when, with intent that a violation
of Section 4-103 of this Code be committed, he agrees with another to the
commission of such an offense. No person may be convicted of vehicle theft
conspiracy unless an overt act in furtherance of such an agreement is
alleged and proved to have been committed by him or by a co-conspirator,
and the accused is part of a common plan or scheme to engage in the unlawful
activity.
(b) Co-conspirators. It shall not be a defense to vehicle theft
conspiracy that the person or persons with whom the accused is alleged
to have conspired:
(1) has not been prosecuted or convicted;
(2) has been convicted of a different offense;
(3) is not amenable to justice;
(4) has been acquitted; or
(5) lacked the capacity to commit an offense.
(c) Sentence. Vehicle theft conspiracy to violate Section 4-103 of
this Code is a Class 2 felony. Vehicle theft conspiracy to violate
Section 4-103.2 of this Code is a Class 1 felony.
(Source: P.A. 86-1209.)
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(625 ILCS 5/4-103.2) (from Ch. 95 1/2, par. 4-103.2)
Sec. 4-103.2.
Aggravated offenses relating to motor vehicles and other
vehicles-Felonies.
(a) Except as provided in subsection (a-1), it is a violation of this
Chapter for:
(1) a person not entitled to the possession of 3 or | ||
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(2) a person to buy, receive, possess, sell or | ||
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(3) a person not entitled to the possession of a | ||
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(4) a person to knowingly possess, buy, sell, | ||
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(5) a person not entitled to the possession of any | ||
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(6) a person not entitled to the possession of a | ||
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(7) a person:
(A) who is the driver or operator of a vehicle | ||
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(B) who is the driver or operator of a vehicle | ||
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who has been given a signal by a peace officer directing | ||
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(8) a person, at the same time or within a one year | ||
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(a-1) A person engaged in the repair or servicing of vehicles does not
violate
this
Chapter by knowingly possessing a manufacturer's identification number plate
for the
purpose of reaffixing it on the same damaged vehicle from which it was
originally taken,
if the person reaffixes or intends to reaffix the original manufacturer's
identification
number plate in place of the identification number plate affixed on a new
dashboard that
has been or will be installed in the vehicle. The person must notify the
Secretary of State
each time the original manufacturer's identification number plate is reaffixed
on a
vehicle. The person must keep a record indicating that the identification
number plate
affixed on the new dashboard has been removed and has been replaced by the
manufacturer's identification number plate originally affixed on the vehicle.
The person
also must keep a record regarding the status and location of the identification
number
plate removed from the replacement dashboard.
The Secretary shall adopt rules for implementing this subsection (a-1).
(a-2) The owner of a vehicle repaired under subsection (a-1) must,
within 90 days of the date of the repairs, contact an officer of the Illinois
State Police Vehicle Inspection Bureau and arrange for an inspection of the
vehicle, by the officer or the officer's designee, at a mutually agreed upon
date and location.
(b) The inference contained in paragraph (1) of subsection (a) of
Section 4-103 of this Code shall apply to subsection (a) of this Section.
(c) A person convicted of violating this Section shall be guilty of a
Class 1 felony.
(d) The offenses set forth in subsection (a) of this Section shall not
include the offenses set forth in Section 4-103 of this Code.
(Source: P.A. 93-456, eff. 8-8-03.)
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(625 ILCS 5/4-103.3) (from Ch. 95 1/2, par. 4-103.3)
Sec. 4-103.3. Organizer of an aggravated vehicle theft conspiracy.
(a) A person commits the offense of organizer of a vehicle theft
conspiracy if:
(1) the person intentionally violates Section 4-103.2 | ||
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(2) the person is known by other co-conspirators as | ||
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(b) No person may be convicted of organizer of a vehicle theft
conspiracy unless an overt act in furtherance of the agreement is alleged
and proved to have been committed by him or by a co-conspirator, and the
accused is part of a common plan or scheme to engage in the unlawful activity.
(c) It shall not be a defense to organizer of a vehicle theft conspiracy
that the person or persons with whom the accused is alleged to have conspired:
(1) has not been prosecuted or convicted;
(2) has been convicted of a different offense;
(3) is not amenable to justice;
(4) has been acquitted; or
(5) lacked the capacity to commit an offense.
(d) Notwithstanding Section 8-5 of the Criminal Code of 2012, a person
may be convicted and sentenced for both the offense of organizer of a
vehicle theft conspiracy and any other offense in this Chapter which is the
object of the conspiracy.
(e) Organizer of a vehicle theft conspiracy is a Class X felony.
(Source: P.A. 97-1150, eff. 1-25-13.)
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(625 ILCS 5/4-104) (from Ch. 95 1/2, par. 4-104)
Sec. 4-104. Offenses relating to possession of titles and registration.
(a) It is a violation of this Chapter for:
1. A person to possess without authority any | ||
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2. A person to possess any manufacturer's certificate | ||
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3. A person to possess any manufacturer's statement | ||
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4. A person to display or affix to a vehicle any | ||
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5. A person to permit another, not entitled thereto, | ||
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6. A person to fail to mail or deliver to the proper | ||
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(b) Sentence:
1. A person convicted of a violation of subsection 1 | ||
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2. A person convicted of a violation of subsection 3 | ||
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3. A person convicted of a violation of either | ||
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4. A person convicted of a violation of subsection 6 | ||
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(Source: P.A. 101-395, eff. 8-16-19; 102-558, eff. 8-20-21.)
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(625 ILCS 5/4-105) (from Ch. 95 1/2, par. 4-105)
Sec. 4-105. Offenses relating to disposition of titles and registration. (a) It is a violation of this Chapter for:
1. a person to alter, forge, or counterfeit any | ||
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2. a person to alter, forge, or counterfeit an | ||
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3. a person to alter, forge, or counterfeit a | ||
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4. a person to alter, forge, or counterfeit an | ||
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5. a person to use a false or fictitious name or | ||
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6. an unauthorized person to have in his possession a | ||
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7. a person to surrender or cause to be surrendered | ||
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(b) Sentence. A person convicted of a violation of this Section shall be guilty of a
Class 2 felony.
(Source: P.A. 101-395, eff. 8-16-19; 102-558, eff. 8-20-21.)
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(625 ILCS 5/4-105.1) (from Ch. 95 1/2, par. 4-105.1)
Sec. 4-105.1.
Offenses relating to deletion or falsification
of information on title document.
(a) It is a violation of this Code
for a person to knowingly, with the intent to defraud, surrender or cause
to be surrendered any manufacturer's statement of origin, certificate of
title, salvage certificate, junking certificate, or other title document,
in exchange for a certificate of title or other title document of this State
or of any other State or foreign jurisdiction which results in or attempts to
result in:
1. The deletion of the words "S.V.", "REBUILT" or | ||
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2. The falsification of an odometer reading; or
3. The alteration or deletion of any other | ||
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(b) Presumptions. A title surrendered to another jurisdiction that is
subsequently submitted to any person, corporation, or other legal entity,
residing or doing business within Illinois, the following presumption shall
apply; if the title document fails to contain all of the previous information
required by Illinois law, it shall be presumed to have been done so knowingly.
It shall be a rebuttable presumption that any title document surrendered
or submitted with a false odometer reading shall be presumed to have been done
so knowingly.
(c) Sentence. A person convicted of a violation of this Section shall
be guilty of a Class A misdemeanor. A person convicted of
violating this Section a second or subsequent time shall be guilty of a Class 3
felony.
(Source: P.A. 91-571, eff. 1-1-00.)
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(625 ILCS 5/4-105.5) (from Ch. 95 1/2, par. 4-105.5)
Sec. 4-105.5. Attempt. As defined in Section 8-4 of the Criminal Code of 2012.
(Source: P.A. 97-1150, eff. 1-25-13.)
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(625 ILCS 5/4-106) (from Ch. 95 1/2, par. 4-106)
Sec. 4-106.
Principals.
It shall be a violation of the provisions of this Chapter for a person,
whether present or absent, to aid, abet, induce, procure or cause the
commission of an act which, if done directly by him, would constitute a
violation of the provisions of this Chapter.
(Source: P.A. 76-1586.)
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(625 ILCS 5/4-107) (from Ch. 95 1/2, par. 4-107)
Sec. 4-107. Stolen, converted, recovered and unclaimed vehicles.
(a) Every Sheriff, Superintendent of police, Chief of police or other police
officer in command of any Police department in any City, Village or Town of
the State, shall, by the fastest means of communications available to his law
enforcement agency, immediately report to the Illinois State Police, in Springfield,
Illinois, the theft or recovery of any stolen or converted vehicle within
his district or jurisdiction. The report shall give the date of theft,
description of the vehicle including color, year of manufacture,
manufacturer's trade name, manufacturer's series name, body style, vehicle
identification number and license registration number, including the state
in which the license was issued and the year of issuance, together with the
name, residence address, business address, and telephone number of the
owner. The report shall be routed by the originating law enforcement
agency through the Illinois State Police District in which such agency is located.
(b) A registered owner or a lienholder may report the theft by
conversion of a vehicle, to the Illinois State Police, or any other police
department or Sheriff's office. Such report will be accepted as a report
of theft and processed only if a formal complaint is on file and a warrant
issued.
(c) An operator of a place of business for garaging, repairing, parking
or storing vehicles for the public, in which a vehicle remains unclaimed,
after being left for the purpose of garaging, repairing, parking or storage,
for a period of 15 days, shall, within 5 days after the expiration of that
period, report the vehicle as unclaimed to the municipal police
when the vehicle is within the corporate limits of any City, Village or
incorporated Town, or the County Sheriff, or State Police when the vehicle
is outside the corporate limits of a City, Village or incorporated Town. This
Section does not apply to any vehicle:
(1) removed to a place of storage by a law | ||
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(2) left under a garaging, repairing, parking, or | ||
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Failure to comply with this Section will result in the
forfeiture of storage fees for that vehicle involved.
(d) The Illinois State Police shall keep a complete record of all reports filed
under this Section of the Act. Upon receipt of such report, a careful
search shall be made of the records of the office of the Illinois State Police,
and where it is found that a vehicle reported recovered was stolen in a
County, City, Village or Town other than the County, City, Village or
Town in which it is recovered, the Illinois State Police shall immediately
notify the Sheriff, Superintendent of police, Chief of police, or other
police officer in command of the Sheriff's office or Police
department of the County, City, Village or Town in which the vehicle
was originally reported stolen, giving complete data as to the time
and place of recovery.
(e) Notification of the theft or conversion of a vehicle will be
furnished to the Secretary of State by the Illinois State Police. The Secretary
of State shall place the proper information in the license registration and
title registration files to indicate the theft or conversion of a motor
vehicle or other vehicle. Notification of the recovery of a vehicle
previously reported as a theft or a conversion will be furnished to the
Secretary of State by the Illinois State Police. The Secretary of State shall remove
the proper information from the license registration and title registration
files that has previously indicated the theft or conversion of a vehicle.
The Secretary of State shall suspend the registration of a vehicle upon
receipt of a report from the Illinois State Police that such vehicle was stolen or
converted.
(f) When the Secretary of State receives an application for a certificate
of title or an application for registration of a vehicle and it is determined
from the records of the office of the Secretary of State that such vehicle
has been reported stolen or converted, the Secretary of State shall immediately
notify the Illinois State Police or the Secretary of State Department of Police and shall give the Illinois State Police or the Secretary of State Department of Police the name and address
of the person or firm titling or registering the vehicle, together with all
other information contained in the application submitted by such person or
firm. If the Secretary of State Department of Police receives notification under this subsection (f), it shall conduct an investigation concerning the identity of the registered owner of the stolen or converted vehicle.
(g) During the usual course of business the manufacturer of any
vehicle shall place an original manufacturer's vehicle identification
number on all such vehicles manufactured and on any part of such
vehicles requiring an identification number.
(h) Except provided in subsection (h-1), if a manufacturer's vehicle
identification number is missing
or has been removed, changed or mutilated on any vehicle, or any
part of such vehicle requiring an identification number, the Illinois State Police or the Secretary of State Department of Police
shall restore, restamp or reaffix the vehicle identification number plate,
or affix a new plate bearing the original manufacturer's vehicle
identification number on each such vehicle and on all necessary parts of
the vehicles.
A vehicle identification number so
affixed, restored,
restamped, reaffixed or replaced is not falsified, altered or forged
within the meaning of this Act.
(h-1) A person engaged in the repair or servicing of vehicles may reaffix
a
manufacturer's identification number plate on the same damaged vehicle from
which it
was originally removed, if the person reaffixes the original manufacturer's
identification
number plate in place of the identification number plate affixed on a new
dashboard that
has been installed in the vehicle. The person must notify the Secretary of
State each time
the original manufacturer's identification number plate is reaffixed on a
vehicle. The
person must keep a record indicating that the identification number plate
affixed on the
new dashboard has been removed and has been replaced by the manufacturer's
identification number plate originally affixed on the vehicle. The person also
must keep a
record regarding the status and location of the identification number plate
removed from
the replacement dashboard.
The Secretary shall adopt rules for implementing this subsection (h-1).
(h-2) The owner of a vehicle repaired under subsection (h-1) must,
within 90 days of the date of the repairs, contact an officer of the Illinois
State Police Vehicle Inspection Bureau and arrange for an inspection of the
vehicle, by the officer or the officer's designee, at a mutually agreed upon
date and location.
(i) If a vehicle or part of any vehicle is found to
have the manufacturer's identification number removed, altered, defaced or
destroyed, the vehicle or part shall be seized by any law enforcement
agency having jurisdiction and held for the purpose of identification. In the
event that the manufacturer's identification number of a vehicle or part
cannot be identified, the vehicle or part shall be considered contraband, and
no right of property shall exist in any person owning, leasing or possessing
such property, unless the person owning, leasing or possessing the
vehicle or part acquired such without knowledge that the manufacturer's
vehicle identification number has been removed, altered, defaced, falsified
or destroyed.
Either the seizing law enforcement agency or the State's Attorney of
the county where the seizure occurred may make an application for an order
of forfeiture to the circuit court in the county of seizure. The
application for forfeiture shall be independent from any prosecution
arising out of the seizure and is not subject to any final determination of
such prosecution. The circuit court shall issue an order forfeiting the
property to the seizing law enforcement agency if the court finds that the
property did not at the time of seizure possess a valid manufacturer's
identification number and that the original manufacturer's identification
number cannot be ascertained. The seizing law enforcement agency may:
(1) retain the forfeited property for official use; or
(2) sell the forfeited property and distribute the | ||
| ||
(i-1) If a motorcycle is seized under subsection (i), the motorcycle
must be returned within 45 days of the date of seizure to the person from whom
it was seized, unless
(i) criminal charges are pending against that person or (ii) an application
for
an
order of forfeiture has been submitted to the circuit in the county of
seizure or (iii) the circuit court in the county of seizure has received from
the seizing law enforcement agency and has granted a petition to extend, for a
single 30 day period, the 45 days allowed for return of the motorcycle. Except
as provided in subsection (i-2), a motorcycle returned to the person from whom
it was seized must be returned in essentially the same condition it was in at
the
time of seizure.
(i-2) If any part or parts of a motorcycle seized under subsection (i) are
found to be
stolen and are removed, the seizing law enforcement agency is not required to
replace the part or parts before returning the motorcycle to the person from
whom it
was seized.
(j) The Illinois State Police or the Secretary of State Department of Police shall notify the Secretary
of State
each time a manufacturer's vehicle identification number is affixed, reaffixed,
restored or restamped on any vehicle. The Secretary of State shall make
the necessary changes or corrections in his records, after the proper
applications and fees have been submitted, if applicable.
(k) Any vessel, vehicle or aircraft used with knowledge and consent
of the owner in the commission of, or in the attempt to commit as defined
in Section 8-4 of the Criminal Code of 2012, an offense prohibited
by Section 4-103 of this Chapter, including transporting of a stolen vehicle
or stolen vehicle parts, shall be seized by any law enforcement
agency. The seizing law enforcement agency may:
(1) return the vehicle to its owner if such vehicle | ||
| ||
(2) confiscate the vehicle and retain it for any | ||
| ||
(3) sell the vehicle at a public sale or dispose of | ||
| ||
If the vehicle is sold at public sale, the proceeds of the sale shall be
paid to the law enforcement agency.
The law enforcement agency shall not retain, sell or dispose of a vehicle
under paragraphs (2) or (3) of this subsection (k) except upon an order
of forfeiture issued by the circuit court. The circuit court may issue
such order of forfeiture upon application of the law enforcement agency
or State's Attorney of the county where the law enforcement agency has
jurisdiction, or in the case of the Illinois State Police or the
Secretary of State, upon application of the Attorney General.
The court shall issue the order if the owner of the vehicle has been
convicted of transporting stolen vehicles or stolen vehicle parts and the
evidence establishes that the owner's vehicle has been used in the commission
of such offense.
The provisions of subsection (k) of this Section shall not apply to any
vessel, vehicle or aircraft, which has been leased, rented or loaned by
its owner, if the owner did not have knowledge of and consent to the use
of the vessel, vehicle or aircraft in the commission of, or in an attempt
to commit, an offense prohibited by Section 4-103 of this Chapter.
(Source: P.A. 102-538, eff. 8-20-21.)
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(625 ILCS 5/4-108) (from Ch. 95 1/2, par. 4-108)
Sec. 4-108.
Violations of this Chapter.
(a) Any person who violates or
aids or abets in the violation of any of the provisions of Section 4-102,
4-103, 4-104 or 4-105 shall be guilty of such offense and be subject to
the same sentence as if he had committed the offense himself.
(b) Any person who is convicted of any offense under Chapter 4 of this
Act, in addition to any other fines or penalties provided therein, may be
required to compensate the victim, if known, involved in the related offense,
for any loss that the victim sustains to his person or property.
(c) The amount and method of payment of the compensation award shall
be determined at the time of the conviction.
(d) For purposes of this Section, "victim" shall mean the owner or other
legally entitled person.
(Source: P.A. 83-1473.)
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(625 ILCS 5/4-109)
Sec. 4-109. Motor Vehicle Theft Prevention Program. The Secretary of
State, in conjunction with the Motor Vehicle Theft Prevention and Insurance Verification Council, is
hereby authorized to establish and operate a Motor Vehicle Theft Prevention
Program as follows:
(a) Voluntary program participation.
(b) The registered owner of a motor vehicle interested in participating in
the program shall sign an informed consent agreement designed by the Secretary
of State under subsection (e) of this Section indicating that the motor vehicle
registered to him is not normally operated between the hours of 1:00 a.m. and
5:00 a.m. The form and fee, if any, shall be submitted to the Secretary of
State for processing.
(c) Upon processing the form, the Secretary of State shall issue to the
registered owner a decal. The registered owner shall affix the decal in a
conspicuous place on his motor vehicle as prescribed by the Secretary of State.
(d) Whenever any law enforcement officer shall see a motor vehicle
displaying a decal issued under the provisions of subsection (c) of this
Section being operated upon the public highways of this State between the
hours of 1:00 a.m. and 5:00 a.m., the officer is authorized to stop that
motor vehicle and to request the driver to produce a valid driver's license
and motor vehicle registration card if required to be carried in the
vehicle. Whenever the operator of a motor
vehicle displaying a decal is unable to produce the documentation set forth
in this Section, the police officer shall investigate further to determine
if the person operating the motor vehicle is the registered owner or has
the authorization of the owner to operate the vehicle.
(e) The Secretary of State, in consultation with the Director of the Illinois State Police and Motor Vehicle Theft Prevention and Insurance Verification Council,
shall design the manner and form of the informed consent agreement required
under subsection (b) of this Section and the decal required under subsection
(c) of this Section.
(f) The Secretary of State shall provide for the recording of
registered owners of motor vehicles who participate in the program. The
records shall be available to all law enforcement departments, agencies,
and forces. The Secretary of State shall cooperate with and assist all law
enforcement officers and other agencies in tracing or examining any
questionable motor vehicles in order to determine the ownership of the motor
vehicles.
(g) A fee not to exceed $10 may be charged for the informed consent form
and decal provided under this Section. The fee, if any, shall be set by the
Motor Vehicle Theft Prevention and Insurance Verification Council and shall be collected by the Secretary
of State and deposited into the Vehicle Hijacking and Motor Vehicle Theft Prevention and Insurance Verification Trust Fund.
(h) The Secretary of State, in consultation with the Director of the Illinois State Police and the Motor Vehicle Theft Prevention and Insurance Verification Council
shall promulgate rules and regulations to effectuate the purposes of this
Section.
(Source: P.A. 102-538, eff. 8-20-21; 102-904, eff. 1-1-23.)
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(625 ILCS 5/4-110) Sec. 4-110. Stolen vehicle recovery hotline. In a county having a population of 3,000,000 or more, the county sheriff shall establish with other law enforcement agencies a vehicle theft hotline to facilitate interaction with vehicle manufacturers and vehicle location vendors consistent with the Freedom From Location Surveillance Act. The county sheriff shall collaborate with vehicle manufacturers, dealers, and vehicle location vendors to provide information and assistance to law enforcement officers in the investigation of a vehicular hijacking or kidnapping incident and ensure that consumers are provided with information concerning the hotline, new or used vehicles manufactured with stolen vehicle locator capabilities, and how consumers can activate stolen vehicle locator services by publishing the information in a conspicuous location on the county sheriff's website.(Source: P.A. 103-300, eff. 1-1-24.) |
(625 ILCS 5/4-111) Sec. 4-111. Manufacturer's vehicle incident hotline; law enforcement verification; manufacturer statements. (a) Unless the manufacturer or its vehicle location vendor operates an existing vehicle location service line, a manufacturer of any vehicle sold in this State shall maintain a telephone number that is staffed and available to State, county, and local law enforcement agencies and their respective 9-1-1 system call centers or designated dispatch centers 24 hours a day, 7 days a week to assist law enforcement with locating vehicles in the investigation of vehicles stolen in vehicular hijacking incidents or that have been used in the commission of a kidnapping. The hotline for the manufacturer or the manufacturer's vehicle location vendor shall relay vehicle location information, including real-time vehicle location information whenever reasonably possible, to the 9-1-1 call center or designated dispatch center or sworn law enforcement personnel for any of the responding law enforcement agencies, to the best of the manufacturer's or vehicle location vendor's technical capability when: (1) a warrant or other court order has been issued | ||
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(2) the vehicle owner lawfully consents to the | ||
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(3) the 9-1-1 call center or designated dispatch | ||
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(A) provides adequate verification to the | ||
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(B) the responding law enforcement officials | ||
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(b) State, county, and local law enforcement agencies shall use their respective 9-1-1 system call centers or designated dispatch centers for the purpose of verification of law enforcement officers' identities and bona fide incident report numbers related to incidents. (c) If a vehicle is equipped with functioning vehicle location tracking capability, but the capability is not currently activated, the manufacturer or the vehicle location vendor shall waive all fees associated with initiating, renewing, reestablishing, or maintaining the vehicle location service the vehicle is equipped with during the investigation of the vehicle being stolen in a vehicular hijacking incident or being used in the commission of kidnapping incident when law enforcement has confirmed that the situation involves a clear and present danger of death or great bodily harm to persons as described in paragraph (3) of subsection (a) and requires disclosure of vehicle location information without delay. (d) A vehicle manufacturer or a subsidiary, vendor, employee, officer, director, representative, or contractor of the vehicle manufacturer shall not be liable and no cause of action shall arise under the laws of this State for providing, or in good faith attempting to provide, information or assistance to a law enforcement agency, 9-1-1 call center, or designated dispatch center pursuant to the mechanisms and processes established under this Section.(Source: P.A. 103-300, eff. 1-1-24.) |
(625 ILCS 5/Ch. 4 Art. II heading) ARTICLE II.
ABANDONED, LOST,
STOLEN OR UNCLAIMED VEHICLES
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(625 ILCS 5/4-201) (from Ch. 95 1/2, par. 4-201)
Sec. 4-201.
Abandonment of vehicles prohibited.
(a) The abandonment of a
vehicle or any part thereof on any highway in this State is unlawful and
subject to penalties as set forth under Penalty Section 4-214 of this Chapter.
(b) The abandonment of a vehicle or any part thereof on private or
public property, other than a highway, in view of the general public,
anywhere in this State is unlawful except on property of the owner or
bailee of such abandoned vehicle. A vehicle or any part thereof so
abandoned on private property shall be authorized for removal, by a law
enforcement agency having jurisdiction, after a waiting period of 7 days
or more, or may be removed immediately if determined to be a hazardous
dilapidated motor vehicle under Section 11-40-3.1 of the Illinois Municipal
Code. A violation of subsections (a) or (b) of this Section is subject to
penalties as set forth
under Section 4-214 of this Chapter.
(c) A towing service may begin to process an unclaimed vehicle as
abandoned by requesting a record search by the Secretary of State up to 10 days
after the date of the tow, or any later date acceptable to the Secretary of
State. This subsection (c) shall not apply to
vehicles towed by order or authorization of a law enforcement agency.
(Source: P.A. 90-330, eff. 8-8-97.)
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(625 ILCS 5/4-202) (from Ch. 95 1/2, par. 4-202)
Sec. 4-202. Abandoned, lost, stolen or unclaimed vehicle notification
to law enforcement agencies.
When an abandoned, lost, stolen or unclaimed vehicle comes into the
temporary possession or custody of a person in this State, not the owner
of the vehicle, such person shall immediately notify the municipal
police when the vehicle is within the corporate limits of any city,
village or town having a duly authorized police department, or the State
Police or the county sheriff when the vehicle is outside the corporate
limits of a city, village or town. Upon receipt of such notification,
the municipal police, Illinois State Police or county sheriff will authorize a
towing service to remove and take possession of the abandoned, lost,
stolen or unclaimed vehicle. The towing service will safely keep the
towed vehicle and its contents, maintain a record of the tow as set
forth in Section 4-204 for law enforcement agencies, until the vehicle
is claimed by the owner or any other person legally entitled to
possession thereof or until it is disposed of as provided in this
Chapter.
(Source: P.A. 102-538, eff. 8-20-21.)
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(625 ILCS 5/4-203) (from Ch. 95 1/2, par. 4-203) Sec. 4-203. Removal of motor vehicles or other vehicles; towing or hauling away. (a) When a vehicle is abandoned, or left unattended, on a toll highway, interstate highway, or expressway for 2 hours or more, its removal by a towing service may be authorized by a law enforcement agency having jurisdiction. (b) When a vehicle is abandoned on a highway in an urban district for 10 hours or more, its removal by a towing service may be authorized by a law enforcement agency having jurisdiction. (c) When a vehicle is abandoned or left unattended on a highway other than a toll highway, interstate highway, or expressway, outside of an urban district for 24 hours or more, its removal by a towing service may be authorized by a law enforcement agency having jurisdiction. (d) When an abandoned, unattended, wrecked, burned, or partially dismantled vehicle is creating a traffic hazard because of its position in relation to the highway or its physical appearance is causing the impeding of traffic, its immediate removal from the highway or private property adjacent to the highway by a towing service may be authorized by a law enforcement agency having jurisdiction. (e) Whenever a peace officer reasonably believes that a person under arrest for a violation of Section 11-501 of this Code or a similar provision of a local ordinance is likely, upon release, to commit a subsequent violation of Section 11-501, or a similar provision of a local ordinance, the arresting officer shall have the vehicle which the person was operating at the time of the arrest impounded for a period of 12 hours after the time of arrest. However, such vehicle may be released by the arresting law enforcement agency prior to the end of the impoundment period if: (1) the vehicle was not owned by the person under | ||
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(2) the vehicle is owned by the person under arrest, | ||
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(e-5) Whenever a registered owner of a vehicle is taken into custody for operating the vehicle in violation of Section 11-501 of this Code or a similar provision of a local ordinance or Section 6-303 of this Code, a law enforcement officer may have the vehicle immediately impounded for a period not less than: (1) 24 hours for a second violation of Section 11-501 | ||
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(2) 48 hours for a third violation of Section 11-501 | ||
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The vehicle may be released sooner if the vehicle is owned by the person under arrest and the person under arrest gives permission to another person to operate the vehicle and that other person possesses a valid operator's license and would not, as determined by the arresting law enforcement agency, indicate a lack of ability to operate a motor vehicle in a safe manner or would otherwise, by operating the motor vehicle, be in violation of this Code. (f) Except as provided in Chapter 18a of this Code, the owner or lessor of privately owned real property within this State, or any person authorized by such owner or lessor, or any law enforcement agency in the case of publicly owned real property may cause any motor vehicle abandoned or left unattended upon such property without permission to be removed by a towing service without liability for the costs of removal, transportation, storage, or damage caused by such removal, transportation, or storage. The towing or removal of any vehicle from private property without the consent of the registered owner or other legally authorized person in control of the vehicle is subject to compliance with the following conditions and restrictions: 1. Any towed or removed vehicle must be stored at the | ||
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2. The towing service shall within 30 minutes of | ||
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3. If the registered owner or legally authorized | ||
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4. The rebate or payment of money or any other | ||
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5. Except for property appurtenant to and obviously a | ||
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a. Except as otherwise provided in subparagraph | ||
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a.1. In a municipality with a population of less | ||
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b. The notice must indicate clearly, in not less | ||
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c. The notice must also provide the name and | ||
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d. The sign structure containing the required | ||
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6. Any towing service that tows or removes vehicles | ||
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7. No person shall engage in the removal of vehicles | ||
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8. No removal of a vehicle from private property | ||
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9. Vehicle entry for the purpose of removal shall be | ||
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9.5. Except as authorized by a law enforcement | ||
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10. When a vehicle has been towed or removed pursuant | ||
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This Section shall not apply to law enforcement, | ||
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When an authorized person improperly causes a motor | ||
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Any towing or storage charges accrued shall be | ||
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11. Towing companies shall also provide insurance | ||
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Any person who fails to comply with the conditions and restrictions of this subsection shall be guilty of a Class C misdemeanor and shall be fined not less than $100 nor more than $500. (g)(1) When a vehicle is determined to be a hazardous dilapidated motor vehicle pursuant to Section 11-40-3.1 of the Illinois Municipal Code or Section 5-12002.1 of the Counties Code, its removal and impoundment by a towing service may be authorized by a law enforcement agency with appropriate jurisdiction. (2) When a vehicle removal from either public or private property is authorized by a law enforcement agency, the owner of the vehicle shall be responsible for all towing and storage charges. (3) Vehicles removed from public or private property and stored by a commercial vehicle relocator or any other towing service authorized by a law enforcement agency in compliance with this Section and Sections 4-201 and 4-202 of this Code, or at the request of the vehicle owner or operator, shall be subject to a possessor lien for services pursuant to the Labor and Storage Lien (Small Amount) Act. The provisions of Section 1 of that Act relating to notice and implied consent shall be deemed satisfied by compliance with Section 18a-302 and subsection (6) of Section 18a-300. In no event shall such lien be greater than the rate or rates established in accordance with subsection (6) of Section 18a-200 of this Code. In no event shall such lien be increased or altered to reflect any charge for services or materials rendered in addition to those authorized by this Code. Every such lien shall be payable in cash or by cashier's check, certified check, debit card, credit card, or wire transfer, at the option of the party taking possession of the vehicle. (4) Any personal property belonging to the vehicle owner in a vehicle subject to a lien under this subsection (g) shall likewise be subject to that lien, excepting only: child restraint systems as defined in Section 4 of the Child Passenger Protection Act and other child booster seats; eyeglasses; food; medicine; personal medical and health care devices, including hearing instruments; perishable property; any operator's licenses; any cash, credit cards, or checks or checkbooks; any wallet, purse, or other property containing any operator's licenses, social security cards, or other identifying documents or materials, cash, credit cards, checks, checkbooks, or passbooks; higher education textbooks and study materials; and any personal property belonging to a person other than the vehicle owner if that person provides adequate proof that the personal property belongs to that person. The spouse, child, mother, father, brother, or sister of the vehicle owner may claim personal property excepted under this paragraph (4) if the person claiming the personal property provides the commercial vehicle relocator or towing service with the authorization of the vehicle owner. (5) This paragraph (5) applies only in the case of a vehicle that is towed as a result of being involved in a crash. In addition to the personal property excepted under paragraph (4), all other personal property in a vehicle subject to a lien under this subsection (g) is exempt from that lien and may be claimed by the vehicle owner if the vehicle owner provides the commercial vehicle relocator or towing service with proof that the vehicle owner has an insurance policy covering towing and storage fees. The spouse, child, mother, father, brother, or sister of the vehicle owner may claim personal property in a vehicle subject to a lien under this subsection (g) if the person claiming the personal property provides the commercial vehicle relocator or towing service with the authorization of the vehicle owner and proof that the vehicle owner has an insurance policy covering towing and storage fees. The regulation of liens on personal property and exceptions to those liens in the case of vehicles towed as a result of being involved in a crash are exclusive powers and functions of the State. A home rule unit may not regulate liens on personal property and exceptions to those liens in the case of vehicles towed as a result of being involved in a crash. This paragraph (5) is a denial and limitation of home rule powers and functions under subsection (h) of Section 6 of Article VII of the Illinois Constitution. (6) No lien under this subsection (g) shall: exceed $2,000 in its total amount; or be increased or altered to reflect any charge for services or materials rendered in addition to those authorized by this Code. (h) Whenever a peace officer issues a citation to a driver for a violation of subsection (a), (a-5), or (b-5) of Section 11-506 of this Code or for a violation of paragraph (1) of subsection (a) of Section 11-503 of this Code, the arresting officer may have the vehicle which the person was operating at the time of the arrest impounded for a period of 5 days after the time of arrest. An impounding agency shall release a motor vehicle impounded under this subsection (h) to the registered owner of the vehicle under any of the following circumstances: (1) if the vehicle is a stolen vehicle; or (2) if the person ticketed for a violation of | ||
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(3) if the registered owner of the vehicle was | ||
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(4) if the legal owner or registered owner of the | ||
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(5) if, prior to the expiration of the impoundment | ||
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(i) Except for vehicles exempted under subsection (b) of Section 7-601 of this Code, whenever a law enforcement officer issues a citation to a driver for a violation of Section 3-707 of this Code, and the driver has a prior conviction for a violation of Section 3-707 of this Code in the past 12 months, the arresting officer shall authorize the removal and impoundment of the vehicle by a towing service. (j) Notwithstanding any other provision of law, if a person has indicated in a timely filed report to the appropriate law enforcement agency that a vehicle towed pursuant to this Section has been stolen or hijacked then: (1) the person shall not be liable for any | ||
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(2) if a vehicle towed pursuant to this Section is | ||
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The towing service shall enjoy a lien to secure payment of charges accrued in compliance with this subsection. (k) If a vehicle is displayed for sale or for transfer of ownership with a vehicle identification number that has been destroyed, removed, covered, altered, or defaced, its removal by a towing service may be authorized by a law enforcement agency having jurisdiction. (Source: P.A. 103-154, eff. 6-30-23; 103-706, eff. 1-1-25; 103-756, eff. 1-1-25; 104-63, eff. 1-1-26; 104-417, eff. 8-15-25.) |
(625 ILCS 5/4-203.5) Sec. 4-203.5. Tow rotation list. (a) Each law enforcement agency whose duties include the patrol of highways in this State shall maintain a tow rotation list which shall be used by law enforcement officers authorizing the tow of a vehicle within the jurisdiction of the law enforcement agency. To ensure adequate response time, a law enforcement agency may maintain multiple tow rotation lists, with each tow rotation list covering tows authorized in different geographic locations within the jurisdiction of the law enforcement agency. A towing service may be included on more than one tow rotation list. (b) Any towing service operating within the jurisdiction of a law enforcement agency may submit an application in a form and manner prescribed by the law enforcement agency for inclusion on the law enforcement agency's tow rotation list. The towing service does not need to be located within the jurisdiction of the law enforcement agency. To be included on a tow rotation list the towing service must meet the following requirements: (1) possess a license permitting the towing service | ||
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(2) if required by the law enforcement agency for | ||
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(A) bodily injury or attempt to inflict bodily | ||
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(B) theft of property or attempted theft of | ||
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(C) sexual assault or attempted sexual assault | ||
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(3) each person operating a vehicle on behalf of | ||
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(4) possess and maintain the following insurance in | ||
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(A) comprehensive automobile liability | ||
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(B) commercial general liability insurance with | ||
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(C) a worker's compensation policy covering | ||
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(5) possess a secure parking lot used for | ||
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(6) utilize only vehicles that possess a valid | ||
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(7) every person operating a towing or recovery | ||
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(8) hold a valid authority issued to it by the | ||
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(9) comply with all other applicable federal, | ||
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(10) comply with any additional requirements the | ||
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The law enforcement agency may select which towing services meeting the requirements of this subsection (b) shall be included on a tow rotation list. The law enforcement agency may choose to have only one towing service on its tow rotation list. Complaints regarding the process for inclusion on a tow rotation list or the use of a tow rotation list may be referred in writing to the head of the law enforcement agency administering that tow rotation list. The head of the law enforcement agency shall make the final determination as to which qualified towing services shall be included on a tow rotation list, and shall not be held liable for the exclusion of any towing service from a tow rotation list. (c) Whenever a law enforcement officer initiates a tow of a vehicle, the officer shall contact his or her law enforcement agency and inform the agency that a tow has been authorized. The law enforcement agency shall then select a towing service from the law enforcement agency's tow rotation list corresponding to the geographical area where the tow was authorized, and shall contact that towing service directly by phone, computer, or similar means. Towing services shall be contacted in the order listed on the appropriate tow rotation list, at which point the towing service shall be placed at the end of that tow rotation list. In the event a listed towing service is not available, the next listed towing service on that tow rotation list shall be contacted. (d) A law enforcement agency may deviate from the order listed on a tow rotation list if the towing service next on that tow rotation list is, in the judgment of the authorizing officer or the law enforcement agency making the selection, incapable of or not properly equipped for handling a specific task related to the tow that requires special skills or equipment. A deviation from the order listed on the tow rotation list for this reason shall not cause a loss of rotation turn by the towing service determined to be incapable or not properly equipped for handling the request. (e) In the event of an emergency a law enforcement officer or agency, taking into account the safety and location of the situation, may deviate from the order of the tow rotation list and obtain towing service from any source deemed appropriate. (f) If the owner or operator of a disabled vehicle is present at the scene of the disabled vehicle, is not under arrest, and does not abandon his or her vehicle, and in the law enforcement officer's opinion the disabled vehicle is not impeding or obstructing traffic, illegally parked, or posing a security or safety risk, the law enforcement officer shall allow the owner of the vehicle to specify a towing service to relocate the disabled vehicle. If the owner chooses not to specify a towing service, the law enforcement agency shall select a towing service for the vehicle as provided in subsection (c) of this Section. (g) If a tow operator is present or arrives where a tow is needed and it has not been requested by the law enforcement agency or the owner or operator, the law enforcement officer, unless acting under Section 11-1431 of this Code, shall advise the tow operator to leave the scene. (h) (Blank).
(Source: P.A. 102-538, eff. 8-20-21; 102-759, eff. 1-1-23.) |
(625 ILCS 5/4-204) (from Ch. 95 1/2, par. 4-204) Sec. 4-204. Police tows; reports, release of vehicles, payment. When a vehicle is authorized to be towed away as provided in Section 4-202 or 4-203: (a) A copy of the authorization shall be provided to | ||
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(b) The police headquarters or office of the law | ||
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(c) The owner, operator, or other legally entitled | ||
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(d) Upon delivery of a written release order to the | ||
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(Source: P.A. 103-756, eff. 1-1-25.) |
(625 ILCS 5/4-205) (from Ch. 95 1/2, par. 4-205)
Sec. 4-205. Record searches.
(a) When a law enforcement agency authorizing the impounding of a vehicle
does not know the identity of the registered owner, lienholder or other legally
entitled person, that law enforcement agency will cause the vehicle
registration records of the State of Illinois to be searched by the
Secretary of State for the purpose of obtaining the required ownership
information.
(b) The law enforcement agency authorizing the impounding of a vehicle
will cause the stolen motor vehicle files of the Illinois State Police to be
searched by a directed communication to the Illinois State Police for stolen or
wanted information on the vehicle. When the Illinois State Police files are
searched with negative results, the information contained in the
National Crime Information Center (NCIC) files will be searched by the Illinois
State Police. The information determined from these record searches will
be returned to the requesting law enforcement agency for that agency's
use in sending a notification by certified mail to the registered owner,
lienholder and other legally entitled persons advising where the vehicle
is held, requesting a disposition be made and setting forth public sale
information. Notification shall be sent no later than 10 business days after
the date the law enforcement agency impounds or authorizes the impounding of a
vehicle, provided that if the law enforcement agency is unable to determine the
identity of the registered owner, lienholder or other person legally entitled
to ownership of the impounded vehicle within a 10 business day period after
impoundment, then notification shall be sent no later than 2 days after the
date the identity of the registered owner, lienholder or other person legally
entitled to ownership of the impounded vehicle is determined. Exceptions to a
notification by certified mail to the registered owner, lienholder and other
legally entitled persons are set forth in Section 4-209 of this Code.
(c) When ownership information is needed for a
towing service to give notification as required under this Code, the towing
service may cause the vehicle registration records of the State of Illinois to
be searched by the Secretary of State, and in such case, the towing service also shall give notice to all lienholders of record within the time period required for such other notices.
The written request of a towing service, in the form and
containing the information prescribed by the Secretary of State by rule, may be
transmitted to the Secretary of State in person, by U.S.
mail or other delivery service, by facsimile transmission, or by other
means the Secretary of State deems acceptable.
The Secretary of State shall provide the required information, or
a statement that the information was not found in the vehicle registration
records of the State, by U.S. mail or other delivery service, facsimile
transmission, as requested by the towing service, or by other means acceptable
to the Secretary of State.
(d) The Secretary of State may prescribe standards and procedures for
submission of requests for record searches and replies via computer link.
(e) Fees for services provided under this Section shall be in amounts
prescribed by the Secretary of State under Section 3-821.1 of this Code.
Payment may be made by the towing service using cash, any commonly accepted
credit card, or any other means of payment deemed acceptable by the Secretary
of State.
(Source: P.A. 102-538, eff. 8-20-21.)
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(625 ILCS 5/4-206) (from Ch. 95 1/2, par. 4-206)
Sec. 4-206. Identifying and tracing of vehicle ownership by Illinois
State Police.
When the registered owner, lienholder or other person legally entitled to the
possession of a vehicle cannot be identified from the registration files
of this State or from the registration files of a foreign state, if
applicable, the law enforcement agency having custody of the vehicle
shall notify the Illinois State Police, for the purpose of identifying the
vehicle owner or other person legally entitled to the possession of the
vehicle. The information obtained by the Illinois State Police will be
immediately forwarded to the law enforcement agency having custody of
the vehicle for notification purposes as set forth in Section
4-205 of this Code.
(Source: P.A. 102-538, eff. 8-20-21.)
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(625 ILCS 5/4-207) (from Ch. 95 1/2, par. 4-207)
Sec. 4-207.
Reclaimed vehicles; expenses.
(a) Any time before a vehicle is sold at public sale or disposed of as
provided in Section 4-208, the owner, lienholder or other person legally
entitled to its possession may reclaim the vehicle by presenting
to the law enforcement agency having custody of the vehicle proof of ownership
or proof of the right to possession of the vehicle.
(b) No vehicle shall be released to the owner, lienholder, or other person
under this Section until all towing, storage, and processing charges have been
paid.
(Source: P.A. 89-433, eff. 12-15-95.)
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(625 ILCS 5/4-208) (from Ch. 95 1/2, par. 4-208)
Sec. 4-208. Disposal of unclaimed vehicles.
(a) In cities having a
population of more than 500,000, whenever an abandoned, lost, stolen or
unclaimed vehicle, or vehicle determined to be a hazardous dilapidated
motor vehicle pursuant to Section 11-40-3.1 of the Illinois Municipal Code,
remains unclaimed by the registered owner, lienholder or other legally
entitled person for a period of 18 days after notice has been given under
Sections 4-205 and 4-206 of this Code, if during that 18 days the possessor of the vehicle has sent an additional notice by first class mail to the registered owner, lienholder, or other legally entitled person, the vehicle shall be disposed,
pursuant to the provisions of the "Municipal purchasing act for cities of
500,000 or more population", to a person licensed as an automotive parts
recycler, rebuilder or scrap processor under Chapter 5 of this Code. With respect to any vehicle that has been booted, impounded, or both in accordance with subsection (c) of Section 11-208.3, a city with a population over 500,000 may establish a program whereby the registered owner, lienholder, or other legally entitled person is entitled to any proceeds from the disposition of the vehicle, less any reasonable storage charges, administrative fees, booting fees, towing fees, and parking and compliance fines and penalties.
(b) Except as provided in Section 4-208 for cities with more than
500,000 inhabitants, when an abandoned, lost, stolen or unclaimed
vehicle 7 years of age or newer remains unclaimed by the registered
owner, lienholder or other legally entitled persons for a
period of 30 days after notice has been given as provided in Sections 4-205
and 4-206 of this Code, the law enforcement agency or towing service having
possession of the vehicle shall cause it to be sold at public auction to a
person licensed as an automotive parts recycler, rebuilder or scrap
processor under Chapter 5 of this Code or the towing operator which towed
the vehicle. Notice of the time and place of the
sale shall be posted in a conspicuous place for at least 10 days prior to
the sale on the premises where the vehicle has been impounded. At least 10
days prior to the sale, the law enforcement agency where the vehicle is
impounded, or the towing service where the vehicle is impounded, shall
cause a notice of the time and place of the sale to be sent by certified
mail to the registered owner, lienholder, or other legally entitled persons. Notice as provided in Sections 4-205 and 4-206 of this Code and as
provided in this subsection (b) shall state the time and place of
sale and shall
contain a complete description
of the vehicle to be sold and what steps must be taken by any legally
entitled person to reclaim the vehicle.
(c) If an abandoned, lost, stolen, or unclaimed vehicle displays dealer
plates, notice under this Section and Section 4-209 of this Code shall be sent
to both the dealer and the registered owner, lienholder, or other legally
entitled persons.
(d) In those instances where the certified notification specified in
Sections 4-205 and 4-206 of this Code has been returned by the postal
authorities to the law enforcement agency or towing service, the sending of a second
certified notice will not be required.
(Source: P.A. 94-650, eff. 1-1-06.)
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(625 ILCS 5/4-209) (from Ch. 95 1/2, par. 4-209)
Sec. 4-209. Disposal of unclaimed vehicles more than 7 years of age;
disposal of abandoned or unclaimed vehicles without notice. (a) When the identity of the registered owner, lienholder, or
other legally entitled persons of an abandoned, lost, or unclaimed
vehicle of 7 years of age or newer cannot be determined by any means
provided for in this Chapter, the vehicle may be sold as provided in
Section 4-208 without notice to any person whose identity cannot be determined.
(b) When an abandoned vehicle of more than 7 years of age is
impounded as specified by this Chapter, or when any such vehicle is towed at
the request or with the consent of the owner or operator and is subsequently
abandoned, it will be kept in custody or storage for a
minimum of 10 days for the purpose of determining the identity of the
registered owner, lienholder, or other legally entitled persons
and contacting the registered owner, lienholder, or other legally entitled
persons by the U. S. Mail, public service or
in person for a determination of disposition; and, an examination of the Illinois
State Police stolen vehicle files for theft and wanted information. At
the expiration of the 10 day period, without the benefit of disposition
information being received from the registered owner,
lienholder, or other legally entitled persons, the vehicle may be disposed of
in either of the following ways:
(1) The law enforcement agency having jurisdiction | ||
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(2) The towing service may sell the vehicle in the | ||
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(c) A vehicle classified as an antique vehicle, expanded-use antique vehicle, custom vehicle, or
street rod may however be sold
to a person desiring to restore it.
(Source: P.A. 102-538, eff. 8-20-21.)
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(625 ILCS 5/4-209.1) (from Ch. 95 1/2, par. 4-209.1)
Sec. 4-209.1.
Disposal of hazardous dilapidated motor vehicles.
Any
hazardous dilapidated motor vehicle impounded pursuant to the provisions of
this Article and Section 11-40-3.1 of the Illinois Municipal Code, whether
impounded at a public facility or on the property of private towing
service, shall be kept in custody for a period of 10 days for the purpose
of determining the identity of the registered owner or lienholder and
contacting such owner or lienholder, if known, by regular U.S. Mail. At
the expiration of the 10-day period, without benefit of disposition
information being received from the registered owner or lienholder, the law
enforcement agency having jurisdiction will authorize the disposal of the
vehicle as junk.
(Source: P.A. 86-460.)
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(625 ILCS 5/4-209.2)
Sec. 4-209.2.
Collection of unpaid charges.
In an action to collect
towing, storage, and processing charges that remain unpaid after disposition of
a vehicle towed or relocated under this Code, the towing service may recover
reasonable collection costs.
(Source: P.A. 89-433, eff. 12-15-95.)
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(625 ILCS 5/4-210) (from Ch. 95 1/2, par. 4-210)
Sec. 4-210.
Police reports after vehicle is reclaimed or disposed of.
When a vehicle in the custody of a law enforcement agency is reclaimed
by the registered owner, lienholder or other legally entitled person, or when the
vehicle is sold at public sale or otherwise disposed of as provided in this
Chapter, a report of the transaction will be maintained by that law
enforcement agency for a period of one year from the date of the sale or
disposal.
(Source: P.A. 82-363.)
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(625 ILCS 5/4-211) (from Ch. 95 1/2, par. 4-211)
Sec. 4-211.
Disposition of proceeds of sale of unclaimed vehicles.
(a) When a vehicle located within the corporate limits of a city,
village or town is authorized to be towed away by a law enforcement agency
having jurisdiction and disposed of as set forth in this Chapter, the
proceeds of the public sale or disposition after the deduction of towing,
storage and processing charges shall be deposited in the treasury of such
city, village or town.
(b) When a vehicle located outside the corporate limits of a city,
village or town is authorized to be towed away by a law enforcement agency
having jurisdiction and disposed of as set forth in this Chapter, the
proceeds of the public sale or disposition, after deducting towing, storage
and processing costs shall be deposited in the county treasury of the
county where the vehicle was located at the time of the tow.
(c) The provisions of this Section shall not apply to vehicles disposed
of or sold at public sale under subsection (k) of Section 4-107 of this Code.
(Source: P.A. 83-830.)
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(625 ILCS 5/4-212) (from Ch. 95 1/2, par. 4-212)
Sec. 4-212.
Ownership documents for vehicles after public sale - removal
of liens. When an applicant for a salvage certificate or junking
certificate under this Chapter presents
to the Secretary of State proof that he has purchased or acquired a vehicle
at a public sale as authorized by this Chapter and such fact is certified
to by the law enforcement agency having jurisdiction over the public sale
of a vehicle, the Secretary of State shall issue a salvage certificate or
junking certificate for the vehicle upon receipt of the statutory fee and a
properly executed application for a salvage certificate or junking
certificate. The salvage certificate or junking certificate issued by the
Secretary of State under this Section shall be free of any lien that
existed against the vehicle prior to the time the vehicle was acquired by
the applicant under this Chapter.
(Source: P.A. 85-951.)
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(625 ILCS 5/4-212.1) (from Ch. 95 1/2, par. 4-212.1)
Sec. 4-212.1.
In cities with more than 500,000 inhabitants, the
corporate authorities may, by ordinance, designate any department of
municipal government to do any of the following:
(1) To perform any of the duties and functions specified for law
enforcement agencies in subsection (a) of Section 4-205 and in Sections
4-201, 4-203, 4-204, 4-206, 4-207, 4-208, 4-209, 4-210, 4-211 and 4-212; and
(2) To authorize a towing service to remove and take possession of
abandoned, lost, stolen or unclaimed vehicles, in the manner that municipal
police may make such authorization pursuant to Section 4-202; and
(3) To send notifications as required under subsection (b) of Section 4-205.
(Source: P.A. 86-947.)
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(625 ILCS 5/4-213) (from Ch. 95 1/2, par. 4-213)
Sec. 4-213. Liability of law enforcement officers, agencies, and towing
services.
(a) A law enforcement officer or agency, a department of municipal
government designated under Section 4-212.1 or its officers or
employees, or a towing service owner, operator, or
employee shall not be held to answer or be liable for damages in any action
brought by the registered owner, former registered owner, or his legal
representative, lienholder or any other person legally entitled to the
possession of a vehicle when the vehicle was processed and sold or disposed of
as provided by this Chapter.
(b) A towing service, and any of its officers or employees, that
removes or tows a vehicle as a result of being directed to do so by
a law enforcement officer or agency or a department of municipal government or
its officers or employees shall not be held to answer or be liable for loss of or damages to any real or personal property that occurs in the
course of the removal or towing of a vehicle or its contents (i) on a limited
access highway in a designated Incident Management Program that uses fast lane
clearance techniques as defined by the Department of Transportation or (ii) at the direction of a peace officer, a highway authority official, or a representative of local authorities, under Section 11-402 or 11-404 of this Code.
(Source: P.A. 95-407, eff. 1-1-08.)
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(625 ILCS 5/4-214) (from Ch. 95 1/2, par. 4-214)
Sec. 4-214.
Violations of Section 4-201.
(a) Any person who violates Section 4-201 of this Code or who
aids and abets in that violation:
(1) shall be subject to a mandatory fine of $200; and
(2) shall be required by the court to make a | ||
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(b) When a vehicle is abandoned, it shall be presumed that the last
registered owner is responsible for the abandonment and shall be liable for
all towing, storage, and processing charges and collection costs, less any
amounts realized in the disposal of the vehicle. The last registered owner's
liability for storage fees may not exceed a maximum of 30 days' storage fees.
The presumption established under this subsection may
be rebutted by a showing that, prior to the time of the tow:
(1) a report of vehicle theft was filed with respect | ||
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(2) the vehicle was sold or transferred and the last | ||
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If the presumption established under this subsection is rebutted, the person
responsible for theft of the vehicle or to whom the vehicle was sold or
transferred is liable for all towing, storage, and processing charges and
collection costs.
(Source: P.A. 89-433, eff. 12-15-95.)
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(625 ILCS 5/4-214.1)
Sec. 4-214.1. (Repealed).
(Source: P.A. 95-621, eff. 6-1-08. Repealed by P.A. 101-652, eff. 7-1-21.)
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(625 ILCS 5/4-215)
Sec. 4-215.
Rebuilt vehicles; clean titles.
Persons licensed under
Section 5-301 of this Code may obtain a certificate of title that does not bear
the notation "REBUILT" from a certificate of purchase when the damage to the
vehicle is 25% or less of its market value, there has been no structural damage
to the vehicle, there is no history of a salvage certificate, and the vehicle
has undergone a salvage inspection by the Secretary of State and a safety
inspection under Section 13-101 of this Code. The application for a
certificate of title shall contain an affirmation under penalty for perjury
that the vehicle on the date of the application is not damaged in excess of 25%
of its market value, has no structural damage, and has no history of
salvage.
(Source: P.A. 89-433, eff. 12-15-95.)
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(625 ILCS 5/4-216) Sec. 4-216. Storage fees; notice to lienholder of record. (a) Any commercial vehicle relocator or any other private towing service providing removal or towing services pursuant to this Code and seeking to impose fees in connection with the furnishing of storage for a vehicle in the possession of the commercial vehicle relocator or other private towing service must provide written notice within 2 business days after the vehicle is removed or towed, by certified mail, return receipt requested, to the lienholder of record, regardless of whether the commercial vehicle relocator or other private towing service enforces a lien under the Labor and Storage Lien Act or the Labor and Storage Lien (Small Amount) Act. The notice shall be effective upon mailing and include the rate at which fees will be incurred, and shall provide the lienholder with an opportunity to inspect the vehicle on the premises where the vehicle is stored within 2 business days of the lienholder's request. The date on which the assessment and accrual of storage fees may commence is the date of the impoundment of the vehicle, subject to any applicable limitations set forth by a municipality authorizing the vehicle removal. Payment of the storage fees by the lienholder may be made in cash or by cashier's check, certified check, debit card, credit card, or wire transfer, at the option of the lienholder taking possession of the vehicle. The commercial vehicle relocator or other private towing service shall furnish a copy of the certified mail receipt to the lienholder upon request.
(b) The notification requirements in subsection (a) of this Section apply in addition to any lienholder notice requirements under this Code relating to the removal or towing of an abandoned, lost, stolen, or unclaimed vehicle. If the commercial vehicle relocator or other private towing service fails to comply with the notification requirements set forth in subsection (a) of this Section, storage fees shall not be assessed and collected and the lienholder shall be entitled to injunctive relief for possession of the vehicle without the payment of any storage fees. (c) If the notification required under subsection (a) was not sent and a lienholder discovers its collateral is in the possession of a commercial vehicle relocator or other private towing service by means other than the notification required in subsection (a) of this Section, the lienholder is entitled to recover any storage fees paid to the commercial vehicle relocator or other private towing service to reclaim possession of its collateral. (d) An action under this Section may be brought by the lienholder against the commercial vehicle locator or other private towing service in the circuit court. (e) Notwithstanding any provision to the contrary in this Code, a commercial vehicle relocator or other private towing service seeking to impose storage fees for a vehicle in its possession may not foreclose or otherwise enforce its claim for payment of storage services or any lien relating to the claim pursuant to this Code or other applicable law unless it first complies with the lienholder notification requirements set forth in subsection (a) of this Section. (f) If the vehicle that is removed or towed is registered in a state other than Illinois, the assessment and accrual of storage fees may commence on the date that the request for lienholder information is filed by the commercial vehicle relocator or other private towing service with the applicable administrative agency or office in that state if: (i) the commercial vehicle relocator or other private towing service furnishes the lienholder with a copy or proof of filing of the request for lienholder information; (ii) the commercial vehicle relocator or other private towing service provides to the lienholder of record the notification required by this Section within one business day after receiving the requested lienholder information; and (iii) the assessment of storage fees complies with any applicable limitations set forth by a municipality authorizing the vehicle removal.
(Source: P.A. 100-311, eff. 11-23-17; 100-863, eff. 8-14-18.) |
(625 ILCS 5/Ch. 4 Art. III heading) ARTICLE III.
VEHICLE RECYCLING BOARD
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(625 ILCS 5/4-300) (from Ch. 95 1/2, par. 4-300)
Sec. 4-300.
Definitions.
For the purposes of this Article, the following word shall have the
meaning ascribed to it as follows:
Board. The Vehicle Recycling Board of the State of Illinois, acting
directly or through its duly authorized officers and agents.
(Source: P.A. 78-857.)
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(625 ILCS 5/4-301) (from Ch. 95 1/2, par. 4-301)
Sec. 4-301.
State policy.
The General Assembly finds that abandoned and derelict vehicles: constitute a
safety hazard and a public nuisance; are detrimental to the health,
safety and welfare of the general public by harboring disease, providing
breeding places for vermin, inviting plundering, creating fire hazards,
and presenting physical dangers to children and others; produce scenic blights which
degrade the environment and adversely affect land values and the proper
maintenance and
continuing development of the State of Illinois and all of its
subdivisions; represent a resource out of place and an energy
loss to the Illinois economy, and require state and
local governmental attention, in conjunction with any federal
governmental attention, in order to assure the expeditious removal and
recycling of these abandoned and derelict vehicles.
The General Assembly declares therefore, that it is the policy of the
State of Illinois, to:
1. Prohibit the abandonment of vehicles and the retention of derelicts,
and to enforce such
prohibition by law while reminding vehicle owners of their own individual
responsibility to dispose of such vehicles;
2. Encourage the development of procedures and techniques to
facilitate the expeditious removal of abandoned and derelict vehicles from public or
private premises;
3. Encourage the State of Illinois and all of its political
subdivisions, in cooperation with the federal government and the private
sector of our State, and in cooperation with other states of the United
States, to recover and recycle the resource represented by abandoned
and derelict vehicles to the fullest extent practicable.
(Source: P.A. 81-653.)
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(625 ILCS 5/4-302) (from Ch. 95 1/2, par. 4-302)
Sec. 4-302. Vehicle Recycling Board. There is hereby created the Vehicle Recycling Board of the State of
Illinois composed of the
Secretary of Transportation, the Director
of the Illinois State Police, the Director of Public Health,
the Director of the Environmental
Protection Agency or their
designated representatives. The Governor shall designate the Chairman and
Secretary of the Board.
The Board shall appoint an advisory committee, of no less than 10 members,
to include an official representative of the Office of the Secretary of
State as designated by the Secretary; and other appropriate representatives
from such sources as: statewide associations of city, county and township
governing bodies; knowledgeable successful leaders from the auto recycling
private sector; the State associations of chiefs of police, county sheriffs,
police officers; and State agencies having a direct or indirect relationship
with vehicle recycling.
(Source: P.A. 102-538, eff. 8-20-21.)
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(625 ILCS 5/4-303) (from Ch. 95 1/2, par. 4-303)
Sec. 4-303.
Tenure, vacancies and expenses.
State officers and their designated representatives on the Board and representatives
of the State agencies serving on the advisory committee, shall serve
without additional compensation and their necessary expenses shall be
borne by the State office or agency represented. Members
of the advisory committee shall be
reimbursed for their necessary expenses in their attendance to
meetings and functions as required by the Board.
The Board shall employ such personnel as deemed necessary by the Board
to implement and administer this Act and any expenses incurred in its administration
may be
incurred and expended only within and pursuant to the appropriations
made by the General Assembly.
The records of the Board shall be subject to audit by the Auditor
General.
(Source: P.A. 81-653.)
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(625 ILCS 5/4-304) (from Ch. 95 1/2, par. 4-304)
Sec. 4-304.
Implementation and administration of policy.
The Board
shall consider and adopt such programs as are designed to implement and
administer the policies hereinbefore expressed and within the
appropriations provided for by the General Assembly.
In adopting such programs, the Board shall take into consideration
the programs of the federal government in the same field, so as to
assure full coordination therewith and that the State of Illinois does
not duplicate federal actions and programs. The programs to be
considered by the Board shall in addition be designed to:
1. Effect the efficient removal of abandoned vehicles | ||
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2. Effect the efficient removal of abandoned and | ||
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3. Effect efficient recycling or scrap processing of | ||
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4. Permit the restoration of antique and historic | ||
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5. Work with other State agencies to effect the | ||
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6. Recoup the costs of removal and disposal of | ||
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7. Promote and publicize individual responsibility of | ||
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8. Provide State coordination, expertise and | ||
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The Board is empowered to negotiate and enter into reciprocal
agreements with other states and State and federal agencies, in
furtherance of the provisions of this Act, as amended; provided,
however, that no such reciprocal agreement may be entered into without
the approval and authorization of the State body legally required to
approve such agreements.
The Board shall make rules, regulations and by-laws, not inconsistent
with this Act or any other law of this State, as to its own
organization
and conduct and for the implementation and administration of this Act.
The Board is further empowered to enter into an agreement with any
State agency represented on the Board, to carry out the administration
of the abandoned and derelict vehicle abatement program of the Board,
and to make such funds available as may be found necessary by the Board,
as appropriated by the General Assembly.
(Source: P.A. 90-655, eff. 7-30-98; 91-357, eff. 7-29-99.)
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(625 ILCS 5/4-305) (from Ch. 95 1/2, par. 4-305)
Sec. 4-305.
Inventory, collection and disposal facilities.
If not otherwise economically practicable, the Board may provide by contract
with private persons or agencies, or with political subdivisions of the
State of Illinois and all local governmental units of government, for the
inventory, collection and disposal or any portion thereof,
of abandoned and derelict vehicles to wrecking, salvage or recycling
plants, or, provide facilities for the collection and proper disposal of
any vehicle under the provisions of this Act, as amended.
The Board may further formulate a program, statewide or within prescribed
areas, for the inventory and collection of abandoned and derelict
vehicles and to provide for their junking, salvage or recycling. In all
cases, the Board shall coordinate such program with each affected State
agency, local governmental unit, and local law enforcement agencies.
The Board may further subsidize political subdivisions of this State, local
governmental units and local law enforcement agencies
for their costs, provable by audit and not otherwise recoverable from
any proceeds derived from any sale of abandoned and derelict vehicles,
in collecting, storing and disposing of such vehicles
during a reimbursement period set by the Board.
Any expenditure of funds hereunder shall be subject to audit by the Auditor
General, within the appropriations for this purpose by the General Assembly,
and may be made only in the event that cost-analysis and program efficiency
show that such reimbursement subsidy is justified.
No owner of any abandoned or derelict vehicle shall in any way, receive
any funds hereunder. This shall not, however, prohibit the Board from
examining the strategy of paying owners of discarded vehicles a limited
sum for delivering their vehicles to a collection point when scrap prices
are depressed; and bringing emergency measures such as this to the attention
of the General Assembly for its consideration at a later time.
(Source: P.A. 81-653.)
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(625 ILCS 5/4-306) (from Ch. 95 1/2, par. 4-306)
Sec. 4-306.
Federal aid.
The Board is authorized and empowered to do all
things necessary and proper to fully cooperate with any agency of the United
States in the administration of any federal act relating to abandoned and
derelict vehicles or the recycling or scrapping of vehicles now in effect
or hereafter enacted for the purpose of appropriation of funds for the payment
to or toward the junking, salvaging, recycling or scrapping of retired
and discarded vehicles.
Whenever federal funds are expended to provide for the
payment to or toward the junking, salvaging, recycling or scrapping of
such vehicles, the amount received as reimbursement therefor shall be
paid into the fund or trust fund in the State Treasury from which such expenditure
was made.
(Source: P.A. 81-653.)
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(625 ILCS 5/4-307) (from Ch. 95 1/2, par. 4-307)
Sec. 4-307.
Funding and fees.
(a) The programs initiated by the Board
shall be funded by appropriations by the General Assembly to the Board.
In addition to any fees enacted by the General Assembly, the Board
shall recommend additional and optional methods of financing such programs
to the end that the programs shall become self-sufficient.
(b) In addition to any provisions made by the General Assembly,
the Board shall recommend incentives to induce the junking of abandoned
and derelict vehicles not suitable for rebuilding or restoring as antiques
or historic vehicles. The Board may further recommend a subsidy to
implement Section 4-305.
(Source: P.A. 84-470.)
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(625 ILCS 5/Ch. 5 heading) CHAPTER 5.
DEALERS, TRANSPORTERS, WRECKERS AND REBUILDERS
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(625 ILCS 5/Ch. 5 Art. I heading) ARTICLE I.
DEALERS
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(625 ILCS 5/5-100) (from Ch. 95 1/2, par. 5-100)
Sec. 5-100. Definitions. For the purposes of this Chapter, the following
words shall have the meanings ascribed to them as follows:
"Additional place of business" means a place owned or leased and occupied
by the dealer in addition to its established place of business, at which the
dealer conducts or intends to conduct business on a permanent or long term
basis. The term does not include an area where an off site sale or exhibition
is conducted. The Secretary of State shall adopt guidelines for the
administration and enforcement of this definition by rule.
"Display exhibition" means a temporary display of vehicles by a dealer
licensed under Section 5-101 or 5-102, at a location at which no vehicles are
offered for sale, that is conducted at a place other than the dealer's
established and additional places of business.
"Established place of business" means the place owned or leased and occupied
by any person duly licensed or required to be licensed as a dealer for the
purpose of engaging in selling, buying, bartering, displaying, exchanging or
dealing in, on consignment or otherwise, vehicles and their essential parts
and for such other ancillary purposes as may be permitted by the Secretary
by rule. It shall include an office in which the dealer's records shall be
separate and distinct from any other business or tenant which may occupy
space in the same building except as provided in Section 5-101.1. This
office shall not be located in a house
trailer, residence, tent, temporary stand, temporary address, room or rooms
in a hotel or rooming house, nor the premises occupied by a single or
multiple unit residence. "Established place of business" only includes a place with an outdoor lot capable of parking at least 5 vehicles or an indoor lot with space for a minimum of one vehicle to be parked in its indoor showroom. The established place of business of a scrap
processor shall be the fixed location where the scrap processor maintains
its principal place of business. The Secretary of State shall, by rule and
regulation, adopt guidelines for the administration and enforcement of this
definition, such as, but not limited to issues concerning the required
hours of operation, describing where vehicles are displayed and offered for
sale, where books and records are maintained and requirements for the
fulfillment of warranties. A dealer may have an additional place of business
as defined under this Section.
"Motor vehicle financing affiliate" means a business organization
registered to
do
business in Illinois that, pursuant to a written contract with either (1) a
single new or used
motor vehicle dealer or (2) a single group of new or used motor vehicle dealers
that share
a common ownership within the group, purchases new or used motor vehicles on
behalf
of the dealer or group of dealers and then sells, transfers, or assigns those
motor vehicles
to the dealer or group of dealers. The motor vehicle financing affiliate must
be
incorporated or organized solely to purchase new or used vehicles on behalf of
the new or
used motor vehicle dealer or group of dealers with which it has contracted,
shall not sell
motor vehicles at retail, shall perform only those business functions related
to the
purchasing of motor vehicles and selling, transferring, or assigning those
motor vehicles
to the dealer or group of dealers. The motor vehicle financing affiliate must
be licensed
under the provisions of Section 5-101.1 and must not be licensed as a new or
used motor
vehicle dealer.
"Off site sale" means the temporary display and sale of vehicles, for a
period of not more than 7 calendar days (excluding Sundays), by a dealer
licensed under Section 5-101 or 5-102 at a place other than the dealer's
established and additional places of business.
"Relevant market area", for a new vehicle dealer licensed under Section
5-101 and for a used vehicle dealer licensed under Section 5-102, means the
area within 10 miles of the established or additional place of business of the
dealer located in a county with a population of 300,000 or more, or within 15
miles if the established place of business is located in a county with a
population of less than 300,000.
"Trade show exhibition" means a temporary display of vehicles,
by dealers licensed under Section 5-101 or 5-102, or any other
person as defined in subsection (c) of Section 5-102.1, at a location at which
no vehicles are offered for sale that is conducted at a place other than the
dealer's established and additional places of business. In order for a display
exhibition to be considered a trade
show exhibition, it must be participated in by at least 3
dealers, 2 of which must be licensed under Section 5-101 or 5-102; and
a trade show exhibition of new vehicles shall only be participated in by
licensed new vehicle dealers at least 2 of which must be licensed under Section
5-101.
(Source: P.A. 102-154, eff. 1-1-22.)
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(625 ILCS 5/5-100-1) (from Ch. 95 1/2, par. 5-100-1)
Sec. 5-100-1.
Findings and Purpose.
The General Assembly finds that:
(1) crimes involving the theft of vehicles and their parts have risen
steadily over the past years, with a resulting loss of millions of dollars
to the residents of this State; (2) essential to the criminal enterprise
of vehicle theft operations is the ability of thieves to transfer
or sell stolen vehicles or their parts through legitimate commercial
channels, making them available for sale to the automotive industry;
(3) vehicle dealers, scrap processors, automotive
parts recyclers, repairers and rebuilders who comprise the vast majority
of the persons engaged in the automotive business in this State are
frequently exposed to pressures and influences from motor vehicle
thieves; (4) elements of organized crime
are constantly attempting to influence businessmen engaged in the sale
and repair of motor vehicles so as to further their own criminal interests;
and (5) close and strict government regulation of vehicle dealers, scrap
processors, automotive parts recyclers,
repairers and rebuilders will provide a system of tracking the flow of
vehicles and their essential parts and therefore significantly reduce the
numbers of vehicle-related thefts in this State. It is, therefore, the
intent of the General Assembly to establish a system of mandatory licensing
and record keeping which will prevent or reduce the transfer or sale of
stolen vehicles or their parts within this State.
It further is the intent of the General Assembly that government
agencies work in cooperation with vehicle dealers, scrap processors,
automotive parts recyclers, repairers and rebuilders, utilizing their
professional expertise in the development and execution of programs and
strategies to reduce vehicle-related crime and maximize consumer
protection while ensuring a healthy business climate for the legitimate
automotive industry.
(Source: P.A. 85-572.)
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(625 ILCS 5/5-101) (from Ch. 95 1/2, par. 5-101)
Sec. 5-101. New vehicle dealers must be licensed.
(a) No person shall engage in this State in the business of selling
or dealing in, on consignment or otherwise, new vehicles of any make, or
act as an intermediary or agent or broker for any licensed dealer or
vehicle purchaser other than as a salesperson, or represent or advertise
that he is so engaged or intends to so engage in such business unless
licensed to do so in writing by the Secretary of State under the
provisions of this Section.
(b) An application for a new vehicle dealer's license shall be filed
with the Secretary of State, duly verified by oath, on such form as the
Secretary of State may by rule or regulation prescribe and shall contain:
1. The name and type of business organization of the | ||
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2. If the applicant is a corporation, a list of its | ||
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3. The make or makes of new vehicles which the | ||
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4. The name of each manufacturer or franchised | ||
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5. A statement that the applicant has been approved | ||
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6. A statement that the applicant has complied with | ||
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If the permitted user has a liability insurance | ||
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When a permitted user is "test driving" a new | ||
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As used in this paragraph 6, a "permitted user" is a | ||
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As used in this paragraph 6, "test driving" occurs | ||
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As used in this paragraph 6, "loaner purposes" means | ||
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7. (A) An application for a new motor vehicle | ||
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(i) $1,000 for applicant's established place of | ||
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(ii) Except for dealers selling 25 or fewer | ||
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(1) $0 for dealers selling 25 or less | ||
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(2) $150 for dealers selling more than 25 but | ||
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(3) $300 for dealers selling 200 or more | ||
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(4) $500 for dealers selling 300 or more | ||
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License fees shall be returnable only in the | ||
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(B) An application for a new vehicle dealer's | ||
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(i) $1,000 for applicant's established place of | ||
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(ii) Except as provided in subsection (h) of | ||
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8. A statement that the applicant's officers, | ||
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(A) The Anti-Theft Laws of the Illinois Vehicle | ||
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(B) The Certificate of Title Laws of the Illinois | ||
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(C) The Offenses against Registration and | ||
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(D) The Dealers, Transporters, Wreckers and | ||
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(E) Section 21-2 of the Criminal Code of 1961 or | ||
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(F) The Retailers' Occupation Tax Act.
9. A statement that the applicant's officers, | ||
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(A) The Consumer Finance Act;
(B) The Consumer Installment Loan Act;
(C) The Retail Installment Sales Act;
(D) The Motor Vehicle Retail Installment Sales | ||
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(E) The Interest Act;
(F) The Illinois Wage Assignment Act;
(G) Part 8 of Article XII of the Code of Civil | ||
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(H) The Consumer Fraud Act.
9.5. A statement that, within 10 years of | ||
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10. A bond or certificate of deposit in the amount of | ||
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11. Such other information concerning the business of | ||
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12. A statement that the applicant understands | ||
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13. The full name, address, and contact information | ||
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(c) Any change which renders no longer accurate any information
contained in any application for a new vehicle dealer's license shall be
amended within 30 days after the occurrence of such change on such form
as the Secretary of State may prescribe by rule or regulation,
accompanied by an amendatory fee of $2.
(d) Anything in this Chapter 5 to the contrary notwithstanding no
person shall be licensed as a new vehicle dealer unless:
1. He is authorized by contract in writing between | ||
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2. Such person shall maintain an established place of | ||
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(e) The Secretary of State shall, within a reasonable time after
receipt, examine an application submitted to him under this Section and
unless he makes a determination that the application submitted to him
does not conform with the requirements of this Section or that grounds
exist for a denial of the application, under Section 5-501 of this
Chapter, grant the applicant an original new vehicle dealer's license in
writing for his established place of business and a supplemental license
in writing for each additional place of business in such form as he may
prescribe by rule or regulation which shall include the following:
1. The name of the person licensed;
2. If a corporation, the name and address of its | ||
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3. In the case of an original license, the | ||
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4. In the case of a supplemental license, the | ||
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5. The make or makes of new vehicles which the | ||
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6. The full name, address, and contact information of | ||
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(f) The appropriate instrument evidencing the license or a certified
copy thereof, provided by the Secretary of State, shall be kept posted
conspicuously in the established place of business of the licensee and
in each additional place of business, if any, maintained by such
licensee.
(g) Except as provided in subsection (h) hereof, all new vehicle
dealer's licenses granted under this Section shall expire by operation
of law on December 31 of the calendar year for which they are granted
unless sooner revoked or cancelled under the provisions of Section 5-501
of this Chapter.
(h) A new vehicle dealer's license may be renewed upon application
and payment of the fee required herein, and submission of proof of
coverage under an approved bond under the Retailers' Occupation Tax
Act or proof that applicant is not subject to such bonding
requirements, as in the case of an original license, but in case an
application for the renewal of an effective license is made during the
month of December, the effective license shall remain in force until the
application is granted or denied by the Secretary of State.
(i) All persons licensed as a new vehicle dealer are required to
furnish each purchaser of a motor vehicle:
1. In the case of a new vehicle a manufacturer's | ||
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2. A statement verified under oath that all | ||
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3. A bill of sale properly executed on behalf of such | ||
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4. A copy of the Uniform Invoice-transaction | ||
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5. In the case of a rebuilt vehicle, a copy of the | ||
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6. In the case of a vehicle for which the warranty | ||
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(j) Except at the time of sale or repossession of the vehicle, no person
licensed as a new vehicle dealer may issue any other person a newly created
key to a vehicle unless the new vehicle dealer makes a color photocopy or electronic scan of the driver's
license or State identification card of the person requesting or obtaining the
newly created key. The new vehicle dealer must retain the photocopy or scan for 30 days.
A new vehicle dealer who violates this subsection (j) is guilty of a
petty offense. Violation of this subsection (j) is not cause to suspend,
revoke,
cancel, or deny renewal of the new vehicle dealer's license.
This amendatory Act of 1983 shall be applicable to the 1984 registration
year and thereafter.
(k) If a licensee under this Section voluntarily surrenders a license to the Illinois Secretary of State Police or a representative of the Secretary of State Vehicle Services Department due to the licensee's inability to adhere to recordkeeping provisions, or the inability to properly issue certificates of title or registrations under this Code, or the Secretary revokes a license under this Section, then the licensee and the licensee's agent, designee, or legal representative, if applicable, may not be named on a new application for a licensee under this Section or under this Chapter, nor is the licensee or the licensee's agent, designee, or legal representative permitted to work for another licensee under this Chapter in a recordkeeping, management, or financial position or as an employee who handles certificate of title and registration documents and applications. (Source: P.A. 101-505, eff. 1-1-20; 102-154, eff. 1-1-22; 102-982, eff. 7-1-23.)
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(625 ILCS 5/5-101.1)
Sec. 5-101.1. Motor vehicle financing affiliates; licensing.
(a) In this State, no business shall engage in the business of a motor
vehicle financing
affiliate without a license to do so in writing from the Secretary of State.
(b) An application for a motor vehicle financing affiliate's license must be
filed with
the Secretary of State, duly verified by oath, on a form prescribed by the
Secretary of
State and shall contain all of the following:
(1) The name and type of business organization of the | ||
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(2) The name and address of the licensed new or used | ||
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(3) A list of the business organization's officers, | ||
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(4) If selling, transferring, or assigning new motor | ||
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(5) The name of each manufacturer or franchised | ||
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(6) A statement that the applicant has been approved | ||
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(7) A statement that the applicant has complied with | ||
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(8) A license fee of $1,000 for the applicant's | ||
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(9) A statement incorporating the requirements of | ||
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(10) Any other information concerning the business of | ||
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(11) A statement that the applicant understands | ||
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(12) The full name, address, and contact information | ||
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(c) Any change which renders no longer accurate any information contained in
any
application for a motor vehicle financing affiliate's license shall be amended
within 30
days after the occurrence of the change on a form prescribed by the Secretary
of State,
accompanied by an amendatory fee of $2.
(d) If a new vehicle dealer is not listed on the application, pursuant to
paragraph (2) of
subsection (b), the motor vehicle financing affiliate shall not receive,
possess, or transfer
any new vehicle. If a new motor vehicle dealer is listed on the application,
pursuant to
paragraph (2) of subsection (b), the new motor vehicle dealer can only receive
those new
cars it is permitted to receive under its franchise agreement. If both a new
and used
motor vehicle dealer are listed on the application, pursuant to paragraph (2)
of subsection
(b), only the new motor vehicle dealer may receive new motor vehicles. If a
used motor
vehicle is listed on the application, pursuant to paragraph (2) of
subsection (b), the used
motor vehicle dealer shall not receive any new motor vehicles.
(e) The applicant and dealer provided pursuant to paragraph (2) of
subsection (b)
must be business organizations registered to conduct business in Illinois.
Three-fourths
of the dealer's board of directors must be members of the motor vehicle
financing
affiliate's board of directors, if applicable.
(f) Unless otherwise provided in this Chapter 5, no business organization
registered to
do business in Illinois shall be licensed as a motor vehicle financing
affiliate unless:
(1) The motor vehicle financing affiliate shall only | ||
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(2) The motor vehicle financing affiliate sells, | ||
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(3) Any new vehicle dealer listed pursuant to | ||
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(4) The new or used motor vehicle dealer listed on | ||
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(g) The Secretary of State shall, within a reasonable time after receipt,
examine an
application submitted pursuant to this Section and, unless it is determined
that the
application does not conform with the requirements of this Section or that
grounds exist
for a denial of the application under Section 5-501, grant the applicant a
motor vehicle
financing affiliate license in writing for the applicant's established place of
business and
a supplemental license in writing for each additional place of business in a
form prescribed
by the Secretary, which shall include all of the following:
(1) The name of the business licensed;
(2) The name and address of its officers, directors, | ||
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(3) In the case of an original license, the | ||
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(4) If applicable, the make or makes of new vehicles | ||
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(5) The full name, address, and contact information | ||
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(h) The appropriate instrument evidencing the license or a certified copy,
provided by
the Secretary of State, shall be kept posted conspicuously in the established
place of
business of the licensee.
(i) Except as provided in subsection (h), all motor vehicle financing
affiliate's
licenses granted under this Section shall expire by operation of law on
December 31 of
the calendar year for which they are granted, unless revoked or canceled at an
earlier date
pursuant to Section 5-501.
(j) A motor vehicle financing affiliate's license may be renewed upon
application and
payment of the required fee. However, when an application for renewal of a
motor
vehicle financing affiliate's license is made during the month of December, the
effective
license shall remain in force until the application is granted or denied by the
Secretary of
State.
(k) The contract a motor vehicle financing affiliate has with a manufacturer
or
franchised distributor, as provided in paragraph (5) of subsection (b), shall
only permit
the applicant to sell, transfer, or assign new motor vehicles to the new motor
vehicle
dealer listed on the application pursuant to paragraph (2) of subsection (b).
The contract
shall specifically prohibit the motor vehicle financing affiliate from selling
motor
vehicles at retail. This contract shall not be considered the granting of a
franchise as
defined in Section 2 of the Motor Vehicle Franchise Act.
(l) When purchasing a motor vehicle by a new or used motor vehicle
dealer, all
persons licensed as a motor vehicle financing affiliate are required to furnish
all of the
following:
(1) For a new vehicle, a manufacturer's statement of | ||
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(2) A statement verified under oath that all | ||
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(3) A bill of sale properly executed on behalf of the | ||
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(4) A copy of the Uniform Invoice-transaction report | ||
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(5) In the case of a rebuilt vehicle, a copy of the | ||
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(6) In the case of a vehicle for which a warranty has | ||
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(m) The motor vehicle financing affiliate shall use the established and
supplemental
place or places of business the new or used vehicle dealer listed on the
application
pursuant to paragraph (2) of subsection (b) as its established and supplemental
place or
places of business.
(n) The motor vehicle financing affiliate shall keep all books and records
required by
this Code with the books and records of the new or used vehicle dealer listed
on the
application pursuant to paragraph (2) of subsection (b). The motor vehicle
financing
affiliate may use the books and records of the new or used motor vehicle dealer
listed on
the application pursuant to paragraph (2) of subsection (b).
(o) Under no circumstances shall a motor vehicle financing affiliate sell,
transfer, or
assign a new vehicle to any place of business of a new motor vehicle dealer,
unless that
place of business is licensed under this Chapter to sell, assign, or otherwise
transfer the
make of the new motor vehicle transferred.
(p) All moneys received by the Secretary of State as license fees under this
Section
shall be deposited into the Motor Vehicle Review Board Fund and shall be used
to
administer the Motor Vehicle Review Board under the Motor Vehicle Franchise
Act.
(q) Except as otherwise provided in this Section, a motor vehicle financing
affiliate
shall comply with all provisions of this Code.
(r) If a licensee under this Section voluntarily surrenders a license to the Illinois Secretary of State Police or a representative of the Secretary of State Vehicle Services Department due to the licensee's inability to adhere to recordkeeping provisions, or the inability to properly issue certificates of title or registrations under this Code, or the Secretary revokes a license under this Section, then the licensee and the licensee's agent, designee, or legal representative, if applicable, may not be named on a new application for a licensee under this Section or under this Chapter, nor is the licensee or the licensee's agent, designee, or legal representative permitted to work for another licensee under this Chapter in a recordkeeping, management, or financial position or as an employee who handles certificate of title and registration documents and applications. (Source: P.A. 102-154, eff. 1-1-22; 102-982, eff. 7-1-23; 103-154, eff. 6-30-23.)
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(625 ILCS 5/5-101.2)
Sec. 5-101.2. (Repealed).
(Source: P.A. 102-154, eff. 1-1-22. Repealed by P.A. 102-941, eff. 7-1-22.)
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(625 ILCS 5/5-102) (from Ch. 95 1/2, par. 5-102) Sec. 5-102. Used vehicle dealers must be licensed. (a) No person, other than a licensed new vehicle dealer, shall engage in the business of selling or dealing in, on consignment or otherwise, 5 or more used vehicles of any make during the year (except house trailers as authorized by paragraph (j) of this Section and rebuilt salvage vehicles sold by their rebuilders to persons licensed under this Chapter), or act as an intermediary, agent, or broker for any licensed dealer or vehicle purchaser (other than as a salesperson) or represent or advertise that he is so engaged or intends to so engage in such business unless licensed to do so by the Secretary of State under the provisions of this Section. (b) An application for a used vehicle dealer's license shall be filed with the Secretary of State, duly verified by oath, in such form as the Secretary of State may by rule or regulation prescribe and shall contain: 1. The name and type of business organization | ||
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2. If the applicant is a corporation, a list of its | ||
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3. A statement that the applicant has been approved | ||
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4. A statement that the applicant has complied with | ||
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If the permitted user has a liability insurance | ||
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When a permitted user is "test driving" a used | ||
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As used in this paragraph 4, a "permitted user" is a | ||
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As used in this paragraph 4, "test driving" occurs | ||
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As used in this paragraph 4, "loaner purposes" means | ||
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5. An application for a used vehicle dealer's license | ||
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(A) $1,000 for applicant's established place of | ||
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(B) Except for dealers selling 25 or fewer | ||
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(1) $0 for dealers selling 25 or fewer | ||
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(2) $150 for dealers selling more than 25 but | ||
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(3) $300 for dealers selling 200 or more | ||
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(4) $500 for dealers selling 300 or more | ||
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License fees shall be returnable only in the | ||
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6. A statement that the applicant's officers, | ||
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(A) Article I of Chapter 4 of this Code; (B) Article I of Chapter 3 of this Code; (C) Article VII of Chapter 3 of this Code; (D) Chapter 5 of this Code; (E) Section 21-2 of the Criminal Code of 1961 or | ||
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(F) The Retailers' Occupation Tax Act. 7. A statement that the applicant's officers, | ||
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(A) The Consumer Finance Act; (B) The Consumer Installment Loan Act; (C) The Retail Installment Sales Act; (D) The Motor Vehicle Retail Installment Sales | ||
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(E) The Interest Act; (F) The Illinois Wage Assignment Act; (G) Part 8 of Article XII of the Code of Civil | ||
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(H) The Consumer Fraud and Deceptive Business | ||
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7.5. A statement that, within 10 years of | ||
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8. A bond or Certificate of Deposit in the amount of | ||
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9. Such other information concerning the business of | ||
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10. A statement that the applicant understands | ||
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11. A copy of the certification from the prelicensing | ||
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12. The full name, address, and contact information | ||
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(c) Any change which renders no longer accurate any information contained in any application for a used vehicle dealer's license shall be amended within 30 days after the occurrence of each change on such form as the Secretary of State may prescribe by rule or regulation, accompanied by an amendatory fee of $2. (d) Anything in this Chapter to the contrary notwithstanding, no person shall be licensed as a used vehicle dealer unless such person maintains an established place of business as defined in this Chapter. (e) The Secretary of State shall, within a reasonable time after receipt, examine an application submitted to him under this Section. Unless the Secretary makes a determination that the application submitted to him does not conform to this Section or that grounds exist for a denial of the application under Section 5-501 of this Chapter, he must grant the applicant an original used vehicle dealer's license in writing for his established place of business and a supplemental license in writing for each additional place of business in such form as he may prescribe by rule or regulation which shall include the following: 1. The name of the person licensed; 2. If a corporation, the name and address of its | ||
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3. In case of an original license, the established | ||
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4. In the case of a supplemental license, the | ||
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5. The full name, address, and contact information of | ||
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(f) The appropriate instrument evidencing the license or a certified copy thereof, provided by the Secretary of State shall be kept posted, conspicuously, in the established place of business of the licensee and in each additional place of business, if any, maintained by such licensee. (g) Except as provided in subsection (h) of this Section, all used vehicle dealer's licenses granted under this Section expire by operation of law on December 31 of the calendar year for which they are granted unless sooner revoked or cancelled under Section 5-501 of this Chapter. (h) A used vehicle dealer's license may be renewed upon application and payment of the fee required herein, and submission of proof of coverage by an approved bond under the Retailers' Occupation Tax Act or proof that applicant is not subject to such bonding requirements, as in the case of an original license, but in case an application for the renewal of an effective license is made during the month of December, the effective license shall remain in force until the application for renewal is granted or denied by the Secretary of State. (i) All persons licensed as a used vehicle dealer are required to furnish each purchaser of a motor vehicle: 1. A certificate of title properly assigned to the | ||
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2. A statement verified under oath that all | ||
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3. A bill of sale properly executed on behalf of such | ||
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4. A copy of the Uniform Invoice-transaction | ||
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5. In the case of a rebuilt vehicle, a copy of the | ||
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6. In the case of a vehicle for which the warranty | ||
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(j) A real estate broker holding a valid certificate of registration issued pursuant to "The Real Estate Brokers and Salesmen License Act" may engage in the business of selling or dealing in house trailers not his own without being licensed as a used vehicle dealer under this Section; however such broker shall maintain a record of the transaction including the following: (1) the name and address of the buyer and seller, (2) the date of sale, (3) a description of the mobile home, including the | ||
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(4) the Illinois certificate of title number. The foregoing records shall be available for inspection by any officer of the Secretary of State's Office at any reasonable hour. (k) Except at the time of sale or repossession of the vehicle, no person licensed as a used vehicle dealer may issue any other person a newly created key to a vehicle unless the used vehicle dealer makes a color photocopy or electronic scan of the driver's license or State identification card of the person requesting or obtaining the newly created key. The used vehicle dealer must retain the photocopy or scan for 30 days. A used vehicle dealer who violates this subsection (k) is guilty of a petty offense. Violation of this subsection (k) is not cause to suspend, revoke, cancel, or deny renewal of the used vehicle dealer's license. (l) Used vehicle dealers licensed under this Section shall provide the Secretary of State a register for the sale at auction of each salvage or junk certificate vehicle. Each register shall include the following information: 1. The year, make, model, style, and color of the | ||
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2. The vehicle's manufacturer's identification number | ||
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3. The date of acquisition of the vehicle; 4. The name and address of the person from whom the | ||
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5. The name and address of the person to whom any | ||
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6. The purchase price of the vehicle. The register shall be submitted to the Secretary of State via written or electronic means within 10 calendar days from the date of the auction. (m) If a licensee under this Section voluntarily surrenders a license to the Illinois Secretary of State Police or a representative of the Secretary of State Vehicle Services Department due to the licensee's inability to adhere to recordkeeping provisions, or the inability to properly issue certificates of title or registrations under this Code, or the Secretary revokes a license under this Section, then the licensee and the licensee's agent, designee, or legal representative, if applicable, may not be named on a new application for a licensee under this Section or under this Chapter, nor is the licensee or the licensee's agent, designee, or legal representative permitted to work for another licensee under this Chapter in a recordkeeping, management, or financial position or as an employee who handles certificate of title and registration documents and applications.(Source: P.A. 104-417, eff. 8-15-25.) |
(625 ILCS 5/5-102.1) (from Ch. 95 1/2, par. 5-102.1) Sec. 5-102.1. Permits for off site sales and exhibitions. (a) A licensed new or used motor vehicle dealer licensed under Section 5-101 or 5-102 shall not engage in any off site sale without an off site sale permit issued by the Secretary under this Section. The Secretary shall issue an off site sale permit to a dealer if: (1) an application therefor is received by the | ||
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(2) the applicant is a licensed new vehicle dealer or | ||
| ||
(3) the Secretary determines that the proposed off | ||
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However, in no event shall an off site sale permit be issued to any licensed new or used vehicle dealer for any off site sale to be conducted outside that dealer's relevant market area, as that term is defined in this Chapter, except that this restriction shall not apply to off site sales of motor homes or recreational vehicles. The provisions of this subsection shall not apply to self-contained motor homes, mini motor homes, van campers, and recreational trailers, including trailers designed and used to transport vessels or watercraft. An off site sale permit does not authorize the sale of vehicles on a Sunday. (b) Only a new or used vehicle dealer licensed under Section 5-101 or 5-102 may participate in a display exhibition and shall obtain a display exhibition permit issued by the Secretary under this Section. The Secretary shall issue a display exhibition permit to a dealer if: (1) an application therefor is received by the | ||
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(2) the applicant is a licensed new vehicle dealer or | ||
| ||
(3) the Secretary determines that the proposed | ||
| ||
A display exhibition permit shall be valid for a period of no longer than 30 days. (c) A licensed new or used motor vehicle dealer under Section 5-101 or 5-102, or any other person as defined in this Section, may participate in a trade show exhibition and must obtain a trade show exhibition permit issued by the Secretary under this Section. The Secretary shall issue a trade show exhibition permit if: (1) an application is received by the Secretary | ||
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(2) the applicant is a licensed new vehicle dealer or | ||
| ||
(3) the Secretary determines that the proposed trade | ||
| ||
A trade show exhibition permit shall be valid for a period of no longer than 30 days. The provisions of this subsection shall not apply to self-contained motor homes, mini motor homes, van campers, and recreational trailers, including trailers designed and used to transport vessels or watercraft. The term "any other person" shall mean new or used vehicle dealers licensed by other states; provided however, a trade show exhibition of new vehicles shall only be participated in by licensed new vehicle dealers, at least 2 of which must be licensed under Section 5-101. (d) An Illinois or out-of-state licensed new or used trailer dealer, manufactured home dealer, motor home dealer, mini motor home dealer, or van camper dealer shall not engage in any off site sale or trade show exhibition without first acquiring a permit issued by the Secretary under this subsection. However, the provisions of this Section shall not apply to a licensed trailer dealer selling a mobile home or manufactured housing, as defined in the Illinois Manufactured Housing and Mobile Home Safety Act, if the manufactured housing or mobile home has utilities permanently attached. The Secretary shall issue a permit to an Illinois dealer if: (1) an application is received by the Secretary | ||
| ||
(2) the applicant is a licensed new or used vehicle | ||
| ||
(3) the Secretary determines that the proposed off | ||
| ||
The Secretary shall issue a permit to an out-of-state dealer if the requirements of subdivisions (1), (2), and (3) of this subsection (d) are met and at least 2 licensed Illinois dealers will participate in the off site sale or trade show exhibition. A permit issued pursuant to this subsection shall allow for the sale of vehicles at either an off site sale or at a trade show exhibition. The permit shall be valid for a period not to exceed 30 days. (e) The Secretary of State may adopt rules regulating the conduct of off site deliveries, sales, and exhibitions, and governing the issuance and enforcement of the permits authorized under this Section. An Illinois licensed new or used motor vehicle dealer is authorized to conduct sales activities, including the collection of electronic signatures, via the Internet and deliver vehicles to a customer at the address provided in the customer's application, if the sale, lease, or delivery is requested by the customer in writing and only after the identity of the customer has been verified at the time of delivery. Any documents that State or federal law require to be signed in person may be signed at the time of delivery without constituting an off site sale that is subject to this Section. If a vehicle is delivered to an address other than the licensed dealer's established place of business, the date of the sale shall be that date on which the application for title is signed by the purchaser of the vehicle. (f) Except as otherwise provided in this Section, a motor vehicle dealer or person acting as a motor vehicle dealer shall not park a motor vehicle for the primary purpose of displaying the vehicle for sale or for transfer of ownership on any of the following: (1) a public street or highway; (2) a public parking lot; (3) any other public property; or (4) any private property if the public may lawfully | ||
| ||
This subsection does not prohibit off-site sales, displays, or other activities permitted under this Section. (g) A vehicle that is displayed for sale with a vehicle identification number that has been destroyed, removed, covered, altered, or defaced is subject to removal pursuant to subsection (k) of Section 4-203. (Source: P.A. 103-392, eff. 1-1-24; 104-63, eff. 1-1-26.) |
(625 ILCS 5/5-102.5) Sec. 5-102.5. Used vehicle dealer prelicensing education program courses. (a) An applicant for a license as a Buy Here, Pay Here used vehicle dealer under Section 5-102.8 or a used vehicle
dealer shall complete a minimum of 8 hours of prelicensing
education program courses pursuant to this Section prior to
submitting an application to the Secretary of State. (b) To meet the requirements of this Section, at least one
individual who is associated with the used vehicle
dealer or Buy Here, Pay Here used vehicle dealer as an owner, principal, corporate officer, director, or
member or partner of a limited liability company or limited
liability partnership shall complete the education program
courses. (c) The education program courses shall be provided by public or private entities with an expertise in the area as approved by the Secretary of State. The Secretary of State must approve course curricula and instruction, in consultation with the Illinois Department of Transportation and any private entity with expertise in the area in the Secretary of State's discretion. (d) Each person who successfully completes an approved prelicensing education program under this Section shall be issued a certificate by the education program provider of the course. The current certificate of completion, or a copy of the certificate, shall be posted conspicuously in the principal office of the licensee. (e) The provisions of this Section apply to all Buy Here, Pay Here used vehicle dealers under Section 5-1028 or used vehicle dealers including, but not limited to, individuals,
corporations, and partnerships, except for the following: (1) Motor vehicle rental companies having a national | ||
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(2) National motor vehicle auction companies; (3) Wholesale dealer-only auction companies; (4) Used vehicle dealerships owned by a franchise | ||
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(5) Banks, credit unions, and savings and loan | ||
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(Source: P.A. 101-505, eff. 1-1-20.) |
(625 ILCS 5/5-102.7) Sec. 5-102.7. Dealer Recovery Trust Fund. (a) The General Assembly finds that motor vehicle dealers that go out of business without fulfilling agreements to pay off the balance of their customers' liens on traded-in vehicles cause financial harm to those customers by leaving those customers liable for multiple vehicle loans and cause harm to the integrity of the motor vehicle retailing industry. It is the intent of the General Assembly to protect vehicle purchasers by creating a Dealer Recovery Trust Fund to reimburse these consumers. (b) The Dealer Recovery Trust Fund shall be used solely for the limited purpose of
helping victims of dealership closings. Any interest accrued by moneys in the Fund shall be
deposited and become part of the Dealer Recovery Trust Fund and its purpose. The sole beneficiaries of the Dealer Recovery Trust Fund are victims of
dealership closings. (c) Except where the context otherwise requires, the following words and phrases, when used in this Section, have the meanings ascribed to them in this subsection (c): "Applicant" means a person who applies for reimbursement from the Dealer Recovery Trust Fund Board. "Board" means the Dealer Recovery Trust Fund Board created under this Section. "Dealer" means a new vehicle dealer licensed under Section 5-101, a used vehicle dealer licensed under Section 5-102, or a Buy Here, Pay Here used vehicle dealer licensed under 5-102.8, excepting a dealer who primarily sells mobile homes, recreational vehicles, or trailers. "Fund" means the Dealer Recovery Trust Fund created under this Section. "Fund Administrator" means the private entity, which shall be appointed by the Board, that administers the Dealer Recovery Trust Fund. (d) Beginning October 1, 2011, each application or renewal for a new vehicle dealer's license and each application or renewal for a Buy Here, Pay Here used vehicle dealer licensed under 5-102.8 or a used vehicle dealer's license shall be accompanied by the applicable Annual Dealer Recovery Fund Fee under Section 5-101 or 5-102 of this Code. The fee shall be in addition to any other fees imposed under this Article, shall be submitted at the same time an application or renewal for a new vehicle dealer's license, used vehicle dealer's license, or Buy Here, Pay Here used vehicle dealer is submitted, and shall be made payable to and remitted directly to the Dealer Recovery Trust Fund, a trust fund outside of the State Treasury which is hereby created. In addition, the Dealer Recovery Trust Fund may accept any federal, State, or private moneys for deposit into the Fund. (e) The Fund Administrator shall maintain a list of all dealers who have paid the fee under subsection (d) of this Section for the current year, which shall be available to the Secretary of State and the Board. The Secretary of State shall revoke the dealer license of any dealer who does not pay the fee imposed under subsection (d) of this Section. The Secretary of State and the Fund Administrator may enter into information sharing agreements as needed to implement this Section. (f) The Fund shall be audited annually by an independent auditor who is a certified public accountant and who has been selected by the Board. The independent auditor shall compile an annual report, which shall be filed with the Board and shall be a public record. The auditor shall be paid by the Fund, pursuant to an order of the Board. (g) The Fund shall be maintained by the Fund Administrator, who shall keep current records of the amounts deposited into the Fund and the amounts paid out of the Fund pursuant to an order of the Board. These records shall be made available to all members of the Board upon reasonable request during normal business hours. The Fund Administrator shall report the balance in the Fund to the Board monthly, by the 15th day of each month. For purposes of determining the amount available to pay claims under this Section at any meeting of the Board, the Board shall use the Fund Administrator's most recent monthly report. The Fund Administrator shall purchase liability insurance to cover management of the Fund at a cost not to exceed 2% of the balance in the Fund as of January 15th of that year. (h) In any year for which the balance in the Fund as of August 31st is greater than $3,500,000, the Fund Administrator shall notify the Secretary of State and the Secretary of State shall suspend collection of the fee for the following year for any dealer who has not had a claim paid from the Fund, has not had his or her license suspended or revoked, and has not been assessed any civil penalties under this Code during the 3 previous years. (i) Moneys in the Dealer Recovery Trust Fund may be paid from the Fund only as directed by a written order of the Board and used only for the following purposes: (i) to pay claims under a written order of the Board | ||
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(ii) to reimburse the Fund Administrator for its | ||
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(j) The Dealer Recovery Trust Fund Board is hereby created. The Board shall consist of the Secretary of State, or his or her designee, who shall serve as chair, the Attorney General, or his or her designee, who shall serve as secretary, and one person alternatively representing new and independent Illinois automobile dealers, selected collectively by the Attorney General, or his or her designee, and the Secretary of State, or his or her designee. The Secretary of State may propose procedures and employ personnel as necessary to implement this Section. The Board shall meet quarterly, and as needed, as directed by the chair. The Board may not pay out any claims before the balance deposited into the Fund exceeds $500,000. Board meetings shall be open to the public. The Board has the authority to take any action by at least a two-thirds majority vote. (k) The following persons may apply to the Board for reimbursement from the Dealer Recovery Trust Fund: (i) A retail customer who, on or after October 1, | ||
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(ii) A retail customer who, on or after October 1, | ||
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(iii) A dealer who, on or after October 1, 2011, | ||
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(l) To be considered by the Board, an applicant must submit his or her claim to the Board within 2 years after the date of the transaction that gave rise to the claim. (m) At each meeting of the Board, it shall consider all claims that are properly submitted to it on forms prescribed by the Secretary of State at least 30 days before the date of the Board's meeting. Before the Board may consider a claim against a dealer, it must make a written determination that the dealer has filed for bankruptcy under the provisions of 11 U.S.C. Chapter 7; that the Secretary of State has revoked his or her dealer's license; or that the license has been otherwise terminated. Once the Board has made this determination, it may consider the applicant's claim against the dealer. If a two-thirds majority of the Board determines that the dealer has committed a violation under subsection (k), it shall grant the applicant's claim. Except as otherwise provided in this Section, the maximum amount of any award for a claim under paragraph (i) of subsection (k) of this Section shall be equal to the amount of the unpaid balance of the lien that the dealer agreed to pay off on behalf of the applicant as shown on the bill of sale or the retail installment sales contract. The maximum amount of any claim under paragraph (ii) or (iii) of subsection (k) of this Section shall be equal to the amount of the undisclosed lien. However, no award for a claim under subsection (k) of this Section shall exceed $35,000. (n) If the balance in the Fund at the time of any Board meeting is less than the amount of the total amount of all claims awarded at that meeting, then all awards made at that meeting shall be reduced, pro rata, so that the amount of claims does not exceed the balance in the Fund. Before it reviews new claims, the Board shall issue written orders to pay the remaining portion of any claims that were so reduced, provided that the balance in the Fund is sufficient to pay those claims. (o) Whenever the balance of the Fund falls below $500,000, the Board may charge dealers
an additional assessment of up to $50 to bring the balance to at least $500,000.
Not more than one additional assessment may be made against a dealer in any 12-month period. (p) If the total amount of claims awarded against any dealer exceeds 33% of the balance in the Fund, the Board may permanently reduce the amount of those claims, pro rata, so that those claims do not exceed 33% of the balance in the Fund. (q) The Board shall issue a written order directing the Fund Administrator to pay an applicant's claim to a secured party where the Board has received a signed agreement between the applicant and the secured party holding the lien. The agreement must (i) state that the applicant and the secured party agree to accept payment from the Fund to the secured party as settlement in full of all claims against the dealer; and (ii) release the lien and the title, if applicable, to the vehicle that was the subject of the claim. The written order shall state the amount of the claim and the name and address of the secured party to whom the claim shall be paid. The Fund Administrator shall pay the claim within 30 days after it receives the Board's order. (r) No dealer or principal associated with a dealer's license is eligible for licensure, renewal or relicensure until the full amount of reimbursement for an unpaid claim, plus interest as determined by the Board, is paid to the Fund. Nothing in this Section shall limit the authority of the Secretary of State to suspend, revoke, or levy civil penalties against a dealer, nor shall full repayment of the amount owed to the Fund nullify or modify the effect of any action by the Secretary. (s) Nothing in this Section shall limit the right of any person to seek relief though civil action against any other person as an alternative to seeking reimbursement from the Fund.
(Source: P.A. 101-505, eff. 1-1-20.) |
(625 ILCS 5/5-102.8) Sec. 5-102.8. Licensure of Buy Here, Pay Here used vehicle dealers. (a) As used in this Section, "Buy Here, Pay Here used vehicle dealer" means any entity that engages in the business of selling or leasing of vehicles and finances the sale or purchase price of the vehicle to a customer without the customer using a third-party lender. (b) No person shall engage in
the business of selling or dealing in, on consignment or otherwise, 5 or
more used vehicles of any make during the year (except rebuilt salvage vehicles
sold by their rebuilders to persons licensed under this Chapter), or act as
an intermediary, agent, or broker for any licensed dealer or vehicle
purchaser (other than as a salesperson) or represent or advertise that he or she
is so engaged or intends to so engage in such business of a Buy Here, Pay Here used vehicle dealer unless licensed to
do so by the Secretary of State under the provisions of this Section.
(c) An application for a Buy Here, Pay Here used vehicle dealer's license shall be
filed with the Secretary of State, duly verified by oath, in such form
as the Secretary of State may by rule or regulation prescribe and shall
contain:
(1) The name and type of business organization | ||
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(2) If the applicant is a corporation, a list of its | ||
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(3) A statement that the applicant has been approved | ||
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(4) A statement that the applicant has complied with | ||
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If the permitted user has a liability insurance | ||
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When a permitted user is "test driving" a Buy Here, | ||
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As used in this paragraph, "permitted user" means a | ||
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As used in this paragraph, "test driving" occurs when | ||
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As used in this paragraph, "loaner purposes" means | ||
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(5) An application for a Buy Here, Pay Here used | ||
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(A) $1,000 for the applicant's established place | ||
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(B) Except for dealers selling 25 or fewer | ||
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(1) $0 for dealers selling 25 or less | ||
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(2) $150 for dealers selling more than 25 but | ||
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(3) $300 for dealers selling 200 or more | ||
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(4) $500 for dealers selling 300 or more | ||
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Fees shall be returnable only if the application | ||
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(6) A statement that each officer, director, | ||
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(A) the Anti-Theft Laws of this Code;
(B) the Certificate of Title Laws of this Code;
(C) the Offenses against Registration and | ||
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(D) the Dealers, Transporters, Wreckers and | ||
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(E) Section 21-2 of the Illinois Criminal Code of | ||
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(F) the Retailers' Occupation Tax Act. (7) A statement that each officer, director, | ||
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(A) the Consumer Finance Act;
(B) the Consumer Installment Loan Act;
(C) the Retail Installment Sales Act;
(D) the Motor Vehicle Retail Installment Sales | ||
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(E) the Interest Act;
(F) the Illinois Wage Assignment Act;
(G) Part 8 of Article XII of the Code of Civil | ||
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(H) the Consumer Fraud and Deceptive Business | ||
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(8) A statement that, within 10 years of application, | ||
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(9) A bond or Certificate of Deposit in the amount of | ||
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(10) Such other information concerning the business | ||
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(11) A statement that the applicant understands | ||
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(12) A copy of the certification from the | ||
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(13) The full name, address, and contact information | ||
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(d) Any change that renders no longer accurate any information
contained in any application for a Buy Here, Pay Here used vehicle dealer's license shall
be amended within 30 days after the occurrence of each change on such
form as the Secretary of State may prescribe by rule,
accompanied by an amendatory fee of $2.
(e) Anything in this Chapter to the contrary notwithstanding, no
person shall be licensed as a Buy Here, Pay Here used vehicle dealer unless the person
maintains an established place of business as
defined in this Chapter.
(f) The Secretary of State shall, within a reasonable time after
receipt, examine an application submitted under this Section.
Unless the Secretary makes a determination that the application does not conform to this Section or that grounds exist
for a denial of the application under Section 5-501 of this Chapter, the Secretary
must grant the applicant an original Buy Here, Pay Here used vehicle dealer's license in
writing for his or her established place of business and a supplemental license
in writing for each additional place of business in such form as the Secretary may
prescribe by rule that shall include the following:
(1) The name of the person licensed.
(2) If a corporation, the name and address of its | ||
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(3) In the case of an original license, the | ||
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(4) In the case of a supplemental license, the | ||
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(5) The full name, address, and contact information | ||
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(g) The appropriate instrument evidencing the license or a certified
copy thereof, provided by the Secretary of State shall be kept posted,
conspicuously, in the established place of business of the licensee and
in each additional place of business, if any, maintained by the
licensee.
(h) Except as provided in subsection (i), all Buy Here, Pay Here used
vehicle dealer's licenses granted under this Section expire by operation
of law on December 31 of the calendar year for which they are granted
unless sooner revoked or cancelled under Section 5-501 of this Chapter.
(i) A Buy Here, Pay Here used vehicle dealer's license may be renewed upon application
and payment of the fee required herein, and submission of proof of
coverage by an approved bond under the Retailers' Occupation Tax Act
or proof that the applicant is not subject to such bonding requirements, as
in the case of an original license, but in the case of an application for the
renewal of an effective license made during the month of December,
the effective license shall remain in force until the application for
renewal is granted or denied by the Secretary of State.
(j) Each person licensed as a Buy Here, Pay Here used vehicle dealer is required to
furnish each purchaser of a motor vehicle:
(1) a certificate of title properly assigned to the | ||
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(2) a statement verified under oath that all | ||
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(3) a bill of sale properly executed on behalf of the | ||
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(4) a copy of the Uniform Invoice-transaction | ||
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(5) in the case of a rebuilt vehicle, a copy of the | ||
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(6) in the case of a vehicle for which the warranty | ||
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(k) Except at the time of sale or repossession of the vehicle, no
person licensed as a Buy Here, Pay Here used vehicle dealer may issue any other person a newly
created key to a vehicle unless the Buy Here, Pay Here used vehicle dealer makes a color photocopy or electronic scan of the
driver's license or State identification card of the person requesting or
obtaining the newly created key. The Buy Here, Pay Here used vehicle dealer must retain the photocopy or scan
for 30 days. A Buy Here, Pay Here used vehicle dealer who violates this subsection (k) is guilty of a
petty offense. Violation of this subsection (k) is not cause to suspend,
revoke, cancel, or deny renewal of the used vehicle dealer's license. (l) A Buy Here, Pay Here used vehicle dealer licensed under this Section shall provide the Secretary of State a register for the sale at auction of each salvage or junk certificate vehicle. Each register shall include the following information: (1) the year, make, model, style, and color of the | ||
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(2) the vehicle's manufacturer's identification | ||
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(3) the date of acquisition of the vehicle; (4) the name and address of the person from whom the | ||
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(5) the name and address of the person to whom any | ||
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(6) the purchase price of the vehicle. The register shall be submitted to the Secretary of State via written or electronic means within 10 calendar days from the date of the auction. (m) If a licensee under this Section voluntarily surrenders a license to the Illinois Secretary of State Police or a representative of the Secretary of State Vehicle Services Department due to the licensee's inability to adhere to recordkeeping provisions, or the inability to properly issue certificates of title or registrations under this Code, or the Secretary revokes a license under this Section, then the licensee and the licensee's agent, designee, or legal representative, if applicable, may not be named on a new application for a licensee under this Section or under this Chapter, nor is the licensee or the licensee's agent, designee, or legal representative permitted to work for another licensee under this Chapter in a recordkeeping, management, or financial position or as an employee who handles certificate of title and registration documents and applications.
(Source: P.A. 101-505, eff. 1-1-20; 102-154, eff. 1-1-22; 102-982, eff. 7-1-23.) |
(625 ILCS 5/5-102.9) Sec. 5-102.9. Alternative vehicle sales and ownership. (a) The Secretary may create special dealership licenses for entities that specialize in specific types of used motor vehicles that may be based on model, make, age, or any other factor that the Secretary deems appropriate. (b) Any owner who is not a manufacturer of the vehicle and chooses to lease a used vehicle for a period of less than 12 months shall ensure that the lessee maintains valid registration and liability insurance as set forth in Chapter 7 of this Code. The owner of the vehicle shall not collect any fees in connection with the registration of the vehicle unless the owner is also a licensed remittance agent under this Code. (c) The Secretary may adopt any rules necessary to implement this Section.
(Source: P.A. 101-505, eff. 1-1-20.) |
(625 ILCS 5/5-103) (from Ch. 95 1/2, par. 5-103)
Sec. 5-103.
(a) Every new vehicle
manufacturer shall specify the delivery and
preparation obligations of its vehicle dealers prior to delivery of new
vehicles to retail buyers. A copy of the delivery and preparation
obligations of its dealers shall be filed with the Secretary of State by
every vehicle manufacturer and shall constitute the vehicle dealer's only
responsibility for product liability as between the dealer and the
manufacturer. A manufacturer's product or warranty liability to the dealer
shall extend to any mechanical, body or parts defect constituting a breach
of any express or implied warranty of the manufacturer. The manufacturer
shall reasonably compensate any authorized dealer who rectifies a defect
which constitutes a breach of any express or implied warranty of the
manufacturer and for preparation and delivery obligations. Every dealer
shall perform the preparation and get ready services specified by the
manufacturer to be performed prior to the delivery of the new vehicle to
the buyer.
(b) The owner of the vehicle may cause the vehicle to be inspected
according to this Section and have the original manufacturer's warranty
reinstated if the vehicle is a theft recovery that has been salvaged and is
recovered without structural damage or missing essential parts, excluding
wheels, damage to the steering column, and radios provided the owner:
(1) Submits the vehicle to a franchised dealer for a | ||
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(2) Submits a copy of the police recovery report to | ||
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(3) Paid the inspection fee charged by the franchised | ||
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The manufacturer shall reinstate the original manufacturer's warranty if a
vehicle is certified by a franchised dealer as having complied with the
provisions of this Section. The manufacturer shall, in addition to reinstating
the
warranty, provide the owner with a written statement indicating that the
original manufacturer's warranty has been reinstated.
(c) Nothing in this Section shall affect a cause of action a buyer may have
against a dealer or manufacturer under present applicable statutory or case
law.
(Source: P.A. 92-458, eff. 8-22-01.)
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(625 ILCS 5/5-104) (from Ch. 95 1/2, par. 5-104)
Sec. 5-104.
On and after January 1, 1976, each manufacturer
of a 1976 or later model year vehicle of the first division manufactured for sale in
this State, other than a motorcycle, shall clearly and conspicuously indicate, on the
price listing affixed to the vehicle pursuant to the Automobile Information
Disclosure Act, (15 United States Code 1231 through 1233), the following, with the
appropriate gasoline mileage figure:
"In tests for fuel economy in city and highway driving conducted
by the United States Environmental Protection Agency, this passenger
vehicle obtained ....... miles per gallon of gasoline.".
(Source: P.A. 100-863, eff. 8-14-18.)
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(625 ILCS 5/5-104.1) (from Ch. 95 1/2, par. 5-104.1)
Sec. 5-104.1.
Informational labels on pickup trucks; penalty.
(1)
Every manufacturer of second division vehicles having a gross vehicle
weight rating of 8,500
pounds or less which are sold or offered for sale for use upon the public
streets or highways within this State shall, prior to the delivery of the
second division vehicle to an Illinois dealer, or on or prior to the introduction date of
new models delivered to an Illinois dealer,
securely affix to the windshield or side window of the second division
vehicle a label upon
which the manufacturer shall endorse clearly, distinctly and legibly true
and correct entries disclosing information identical to and in the same
manner as required on new first division vehicles. The label
shall remain affixed to the second division vehicle until delivery of the
second division vehicle to the
ultimate purchaser. Any manufacturer who shall willfully fail to affix a
proper label required by this Section or any person who shall willfully
remove, alter or mutilate a label prior to delivery of the second division vehicle to the
ultimate purchaser is guilty of a misdemeanor. This Section shall not
apply to such second division vehicles for which the annual sales in
Illinois of the previous
model year were less than 200.
(2) This Section shall apply to second division vehicles having a gross
vehicle weight rating of 8,500 pounds or less built after December 31, 1987.
(Source: P.A. 85-387.)
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(625 ILCS 5/5-104.2)
Sec. 5-104.2.
Nonconforming vehicles; sale.
(a) Every manufacturer shall be prohibited from reselling any motor
vehicle that has been finally ordered, determined, or adjudicated as having
a nonconformity under the New Vehicle Buyer Protection Act or a similar law
of any state, territory, or country, and that the manufacturer repurchased
or replaced because of the nonconformity, unless the manufacturer has
corrected the nonconformity and issues a disclosure statement prior to
resale stating that the vehicle was repurchased or replaced under the New
Vehicle Buyer Protection Act or similar law of any other state, territory,
or country; identifying the nonconformity; and warranting that the
nonconformity has been corrected. The disclosure statement must accompany
the vehicle through the first retail purchase.
(b) "Nonconformity" refers to a new vehicle's failure to conform to all
express warranties applicable to the vehicle, which failure substantially
impairs the use, market value, or safety of the vehicle.
(c) The disclosure statement referred to in subsection (a) shall be in
substantially the same form as below:
"IMPORTANT
Vehicle Identification Number (VIN): (Insert VIN Number); | ||
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The customer shall sign the disclosure statement. This disclosure language
shall be in at least 8-point type.
(Source: P.A. 88-415.)
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(625 ILCS 5/5-104.3)
Sec. 5-104.3. Disclosure of rebuilt vehicle.
(a) No person shall knowingly, with intent to defraud or deceive
another, sell a
vehicle for which a rebuilt title has been issued unless that vehicle is
accompanied by a Disclosure of Rebuilt Vehicle Status form, properly signed
and delivered to the buyer.
(a-5) No dealer or rebuilder licensed under Sections 5-101, 5-102, or 5-301 of this Code shall sell a vehicle for which a rebuilt title has been issued from another jurisdiction without first obtaining an Illinois certificate of title with a "REBUILT" notation under Section 3-118.1 of this Code. (b) The Secretary of State may by rule or regulation prescribe the format
and information contained in the Disclosure of Rebuilt Vehicle Status form.
(c) A violation of subsection (a) or (a-5) of this Section is a
Class A misdemeanor.
A second or subsequent violation of subsection (a) or (a-5) of this Section is a
Class 4 felony.
(Source: P.A. 100-104, eff. 11-9-17; 100-863, eff. 8-14-18.)
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(625 ILCS 5/5-105) (from Ch. 95 1/2, par. 5-105) Sec. 5-105. Investigation of licensee required. Every person seeking a license under Chapter 5 of this Act, as part of the application process, authorizes an investigation to determine if the applicant has ever been convicted of a crime and if so, the disposition of those convictions. This authorization shall indicate the scope of the inquiry and the agencies which may be contacted. Upon this authorization the Secretary of State may request and receive information and assistance from any Federal, State or local governmental agency as part of the authorized investigation. The Illinois State Police shall provide information concerning any criminal convictions and their disposition brought against the applicant upon request of the Secretary of State when the request is made in the form and manner required by the Illinois State Police. The information derived from this investigation, including the source of this information, and any conclusions or recommendations derived from this information by the Secretary of State shall be provided to the applicant or his designee. Upon request to the Secretary of State prior to any final action by the Secretary of State on the application, no information obtained from such investigation may be placed in any automated information system. Any criminal convictions and their disposition information obtained by the Secretary of State shall be confidential and may not be transmitted outside the Office of the Secretary of State, except as required herein, and may not be transmitted to anyone within the Office of the Secretary of State except as needed for the purpose of evaluating the application. All criminal convictions and their disposition and information obtained by the Division of Criminal Investigation shall be destroyed no later than 60 days after the Division of Criminal Investigation has made a final ruling on the application, and all rights of appeal have expired and pending appeals have been completed. The only physical identity materials which the applicant can be required to provide the Secretary of State are photographs or fingerprints. Only information and standards which bear a reasonable and rational relation to the performance of a licensee shall be used by the Secretary of State. The Secretary of State shall adopt rules and regulations for the administration of this Section. Any employee of the Secretary of State who gives or causes to be given away any confidential information concerning any criminal convictions and their disposition of an applicant shall be guilty of a Class A misdemeanor.(Source: P.A. 104-24, eff. 1-1-26.) |
(625 ILCS 5/5-106) (from Ch. 95 1/2, par. 5-106)
Sec. 5-106.
No person may keep open, operate, or assist in keeping open
or operating any established or additional place of business for the
purpose of buying, selling, bartering, exchanging, or leasing for a period
of 1 year or more, or offering for sale, barter, exchange, or lease for a
period of 1 year or more, any motor vehicle, whether new or used, on the
first day of the week, commonly called Sunday; provided, that this Section
does not apply to the opening of an established or additional place of
business on Sunday for the following purposes:
(1) to sell petroleum products, tires or repair parts | ||
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(2) to operate and conduct a motor vehicle repair | ||
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(3) to supply services for the washing, towing or | ||
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(4) to participate in a trade show exhibition or | ||
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(5) to sell motorcycles, motor driven cycles, | ||
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(6) to offer for sale manufactured housing;
(7) to sell self-contained motor homes, mini motor | ||
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(Source: P.A. 89-551, eff. 1-1-97.)
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(625 ILCS 5/5-107) (from Ch. 95 1/2, par. 5-107)
Sec. 5-107. Bond exemption. The following persons shall be exempt from
the bond required
in Sections 5-101 and 5-102: (1) Any person who has been
continuously
licensed under Section 5-101 or 5-102 since calendar year
1983; (2) any licensee who as determined by the Secretary of State, has
faithfully and continuously complied with conditions of the bond
requirement for a period of 60 consecutive months after the effective date of this amendatory Act of the 100th General Assembly.
This exemption shall continue for each licensee until such time as he may
be determined by the Secretary of State to be delinquent or deficient in
the transmittal of title and registration fees or taxes.
A person whose license is cancelled due to the voluntary surrender of
such license, who applies for a new license for the same license year or
one license year after the license year of the cancelled license, will
remain exempt under paragraph (1) above if the only break in the continuous
licensure is caused by the cancellation due to the voluntary surrender of
the license.
(Source: P.A. 100-450, eff. 1-1-18.)
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(625 ILCS 5/5-108) (from Ch. 95 1/2, par. 5-108)
Sec. 5-108.
Vehicle Referral and Marketing Services.
Nothing in this
Code shall be construed to prohibit a credit union, as defined in the
Illinois Credit Union Act, a bank, as defined in the Illinois Banking Act,
or any firm, copartnership, association or corporation from advertising the
sale of motor vehicles by licensed dealers or advertising motor vehicle
purchase opportunities from licensed dealers, from referring potential
purchasers of motor vehicles to licensed dealers, or from soliciting
purchasers of motor vehicles for licensed dealers. However, any motor
vehicle sale resulting from those activities may only be consummated by a
dealer licensed under Section 5-101 or 5-102 of this Code.
(Source: P.A. 87-380.)
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(625 ILCS 5/5-109)
Sec. 5-109. Manufacturers and distributors; fees.
(a) "Manufacturer" means any person who manufactures or assembles new
motor vehicles either within or without of this State.
(b) "Distributor" means any person who distributes or sells new motor
vehicles to new vehicle dealers, or who maintains distributor representatives
in this State, and who is not a manufacturer.
(c) Each manufacturer and distributor doing business in this State shall
pay an annual fee of $1500 to the Secretary of State to be deposited into the Motor Vehicle Review Board Fund.
(Source: P.A. 99-127, eff. 1-1-16.)
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(625 ILCS 5/5-110) Sec. 5-110. Unlicensed Motor Vehicle Dealer Enforcement Task Force. (a) The Unlicensed Motor Vehicle Dealer Enforcement Task Force is established within the Office of the Secretary of State. (b) The members of the Task Force shall be appointed as follows: (1) 3 members of the Secretary of State's Office, | ||
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(2) 3 members of the Department of Revenue, appointed | ||
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(3) 3 members of the Office of the Illinois Attorney | ||
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(4) 3 members who represent automobile dealers, one | ||
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(5) one member who represents an auction firm or | ||
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(c) The purpose of the Task Force is to review unlicensed motor vehicle dealer enforcement activities in the State. The Task Force shall: (1) explore and recommend ways to ensure consumer | ||
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(2) consider methods to identify and investigate | ||
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(3) explore methods to collect tax revenue and | ||
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(4) explore enhanced penalties and enforcement | ||
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(5) address practices relating to renting dealer | ||
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(d) Initial appointments to the Task Force shall be made as soon as practicable after the effective date of this amendatory Act of the 104th General Assembly. The Task Force shall meet at least 4 times and issue a report to the General Assembly by December 31, 2026. (e) The Secretary of State shall provide administrative and technical support to the Task Force. (f) The members of the Task Force shall serve without compensation. (g) The Task Force established by this Section is dissolved on January 1, 2027.(Source: P.A. 104-63, eff. 1-1-26.) |
(625 ILCS 5/Ch. 5 Art. II heading) ARTICLE II.
TRANSPORTERS
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(625 ILCS 5/5-201) (from Ch. 95 1/2, par. 5-201)
Sec. 5-201.
Transporters must apply for in-transit plates.
(a) No person shall engage in this State in the business as a
transporter until such person shall apply for and receive from the
Secretary of State a generally distinctive set of two "in-transit license
plates" for any vehicle so transported by him.
(b) An application for a generally distinctive number under this Article
shall be filed with the Secretary of State, duly verified by oath and in
such form as the Secretary of State may by rule or regulation prescribe and
shall contain the name and business address of such person, the
certificate, registration or permit number issued by the Illinois Commerce
Commission and such other information concerning the business of the
applicant as the Secretary of State may by rule or regulation prescribe. If
the applicant does not hold a certificate, registration or permit from the
Illinois Commerce Commission to so transport, such application shall be
denied.
(c) An application for a generally distinctive set of two "in-transit
license plates" shall be accompanied by the prescribed fee. Upon the
payment of such license fee, such application shall be filed and recorded
in the office of the Secretary of State. Thereupon the Secretary of State
shall assign and issue to such person a generally distinctive number and
without any further expense to him shall deliver to such person at his
business address a certificate of registration in such form as the
Secretary of State may prescribe and one set of two "in-transit license
plates" with a number corresponding to the number of such certificate of
registration. Such in-transit plates shall be used by such person only on
vehicles transported, but not owned, by him.
(d) Except as provided in sub-section (3) hereof, all certificates of
registration and "in-transit plates" granted under this Section shall
expire by operation of law on December 31 of the calendar year for which
they are granted unless sooner revoked under the provisions of Section
5-501 of this Chapter.
(e) A certificate of registration under this Article may be renewed upon
application and payment of the fee required herein as in the case of an
original application, provided, however, that in case an application for
renewal of an effective registration is made during the month of December,
such existing registration shall remain in force until such application for
renewal is granted by the Secretary of State.
(f) Any person registered as a transporter under the Article may make
application for additional duplicate sets of "in-transit plates" on such
form as the Secretary of State may by rule or regulation prescribe, from
time to time to obtain as many duplicate sets of "in-transit plates" as he
may desire upon payment of the prescribed fee for each set. Such duplicate
plates shall bear the number of that person's original certificate of
registration.
(g) In case of loss or destruction of one license plate issued to a
transporter under this Section such transporter may obtain a duplicate of
the same by filing an affidavit to that effect with the Secretary of State,
accompanied by the prescribed fee.
(h) An original "in-transit plate" or a duplicate shall be attached to
the front and rear of each vehicle so transported in this State; provided,
that if one such vehicle is towing another such vehicle, one plate or
duplicate plate shall be attached to the front of the towing vehicle and
one such plate to the rear of the rearmost towed vehicle.
(i) Anything in this Chapter to the contrary notwithstanding, the
provisions of this Section shall not apply to a non-resident engaged in
such business and using the public highways of this State if he has an
"in-transit plate" or license from the State, foreign country or province,
territory or federal district of which he is a resident and such State,
country, province, territory or district grants a like exemption to
residents of this State.
(Source: P.A. 76-1586.)
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(625 ILCS 5/5-202) (from Ch. 95 1/2, par. 5-202)
Sec. 5-202. Tow or Wrecker operators must register tow or wrecker
vehicles. (a) No person in this State shall engage in the business of operating a
tow truck or wrecker or operate a tow or wrecker vehicle until
such person shall register any vehicle to be used for such purpose and
apply for and receive from the Secretary of State a generally distinctive
set of 3 "tow truck" plates for any towing or wrecker vehicle operated by him.
(b) An application for registration for a generally distinctive set of 3
"tow truck" plates
under this Article shall be filed with the Secretary of State, duly
verified by oath and in such form as the Secretary of State may by rule or
regulation prescribe and shall contain the name and business address of
such person, the vehicle identification number of the vehicle for which
such application is made, proof of insurance as set forth in paragraph (d)
of Section 12-606 of
this Code, and such other information concerning the business of the
applicant as the Secretary of State may by rule or regulation prescribe.
(c) The application for registration and a generally distinctive set of
3 "tow truck" plates shall be accompanied by the prescribed fee. Upon
payment of such fee, such registration and application shall be filed and
recorded in the office of the Secretary of State. Thereupon the Secretary
of State shall assign and issue to such person a generally distinctive
number for each vehicle and without further expense to him shall deliver to
such person at his place of business address one set
of 3
"tow truck" plates. Such "tow truck" plates shall be used by such
person only on the vehicle for which application was made and the vehicle
being towed, and are not transferable.
(d) All
"tow truck" plates granted under this Section shall expire
by operation of law on December 31 of the calendar year for which they are
granted unless sooner revoked under the provisions of Section 5-501 of this Chapter.
(e) One "tow truck" plate shall be attached to the front and rear of
each registered vehicle, and one "tow truck"
plate
shall be attached to the rear of the vehicle being towed unless the
towed vehicle displays a valid registration plate or digital registration plate visible from the rear
while being towed,
so that the numbers and letter on the plate are
clearly visible to any person following the vehicle being towed. However,
illumination of the rear plate required by subsection (c) of Section
12-201 of this Code shall not apply to the third plate displayed on
the towed vehicle. In
addition, the vehicle registration plates or digital registration plates assigned to the vehicle being
towed shall be displayed as provided in Section 3-413 of this Code.
(Source: P.A. 101-395, eff. 8-16-19.)
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(625 ILCS 5/5-207)
Sec. 5-207.
Licensing of towing services as dealers.
Any towing service
that sells or disposes of 5 or more vehicles in a calendar year to anyone
other than a person licensed under Chapter 5 of this Code must also be licensed
under Section 5-102 of this Chapter.
(Source: P.A. 89-433, eff. 12-15-95.)
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(625 ILCS 5/Ch. 5 Art. III heading)
ARTICLE III.
USED PARTS DEALERS, SCRAP
PROCESSORS, AUTOMOTIVE PARTSRECYCLERS AND REBUILDERS
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(625 ILCS 5/5-301) (from Ch. 95 1/2, par. 5-301)
Sec. 5-301. Automotive parts recyclers, scrap processors, repairers and
rebuilders must be licensed. (a) No person in this State shall, except as an incident to
the servicing of vehicles, carry on or conduct the business
of an automotive parts recycler, a scrap processor, a repairer,
or a rebuilder, unless licensed to do so in writing by the Secretary of
State under this Section. No person shall rebuild a salvage vehicle
unless such person is licensed as a rebuilder by the Secretary of State
under this Section. No person shall engage in the business of acquiring 5 or more previously owned vehicles in one calendar year for the primary purpose of disposing of those vehicles in the manner described in the definition of a "scrap processor" in this Code unless the person is licensed as an automotive parts recycler by the Secretary of State under this Section. No person shall engage in the act of dismantling, crushing, or altering a vehicle into another form using machinery or equipment unless licensed to do so and only from the fixed location identified on the license issued by the Secretary. Each license shall be applied for and issued
separately, except that a license issued to a new vehicle dealer under
Section 5-101 of this Code shall also be deemed to be a repairer license.
(b) Any application filed with the Secretary of State, shall be duly
verified by oath, in such form as the Secretary of State may by rule or
regulation prescribe and shall contain:
1. The name and type of business organization of the | ||
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2. The kind or kinds of business enumerated in | ||
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3. If the applicant is a corporation, a list of its | ||
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4. A statement that the applicant's officers, | ||
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(a) the Anti-Theft Laws of the Illinois Vehicle | ||
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(b) the "Certificate of Title Laws" of the | ||
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(c) the "Offenses against Registration and | ||
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(d) the "Dealers, Transporters, Wreckers and | ||
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(e) Section 21-2 of the Criminal Code of 1961 or | ||
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(f) the Retailers Occupation Tax Act.
5. A statement that the applicant's officers, | ||
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(a) the Consumer Finance Act;
(b) the Consumer Installment Loan Act;
(c) the Retail Installment Sales Act;
(d) the Motor Vehicle Retail Installment Sales | ||
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(e) the Interest Act;
(f) the Illinois Wage Assignment Act;
(g) Part 8 of Article XII of the Code of Civil | ||
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(h) the Consumer Fraud Act.
6. An application for a license shall be accompanied | ||
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7. A statement that the applicant understands Chapter | ||
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8. A statement that the applicant shall comply with | ||
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9. A statement indicating if the applicant, including | ||
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10. The applicant's National Motor Vehicle Title | ||
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11. The full name, address, and contact information | ||
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(c) Any change which renders no longer accurate any information
contained in any application for a license filed with the Secretary of
State shall be amended within 30 days after the occurrence of such
change on such form as the Secretary of State may prescribe by rule or
regulation, accompanied by an amendatory fee of $2.
(d) Anything in this Chapter to the contrary, notwithstanding, no
person shall be licensed under this Section unless such person shall
maintain an established place of business as defined in this Chapter.
(e) The Secretary of State shall within a reasonable time after
receipt thereof, examine an application submitted to him under this
Section and unless he makes a determination that the application
submitted to him does not conform with the requirements of this Section
or that grounds exist for a denial of the application, as prescribed in
Section 5-501 of this Chapter, grant the applicant an original license
as applied for in writing for his established place of business and a
supplemental license in writing for each additional place of
business in such form as he may prescribe by rule or regulation which shall
include the following:
1. the name of the person licensed;
2. if a corporation, the name and address of its | ||
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3. a designation of the kind or kinds of business | ||
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4. in the case of an original license, the | ||
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5. in the case of a supplemental license, the | ||
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6. the full name, address, and contact information of | ||
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(f) The appropriate instrument evidencing the license or a certified
copy thereof, provided by the Secretary of State shall be kept, posted,
conspicuously in the established place of business of the
licensee and in each additional place of business, if any, maintained by
such licensee. The licensee also shall post conspicuously in the
established place of business and in each additional place of business a
notice which states that such business is required to be licensed by the
Secretary of State under Section 5-301, and which provides the license
number of the business and the license expiration date. This notice also
shall advise the consumer that any complaints as to the quality of service
may be brought to the attention of the Attorney General. The information
required on this notice also shall be printed conspicuously on all
estimates and receipts for work by the licensee subject to this Section.
The Secretary of State shall prescribe the specific format of this notice.
(g) Except as provided in subsection (h) hereof, licenses granted
under this Section shall expire by operation of law on December 31 of
the calendar year for which they are granted unless sooner revoked, nonrenewed, or
cancelled under the provisions of Section 5-501 or 5-501.5 of this Chapter.
(h) Any license granted under this Section may be renewed upon
application and payment of the fee required herein as in the case of an
original license, provided, however, that in case an application for the
renewal of an effective license is made during the month of December,
such effective license shall remain in force until such application is
granted or denied by the Secretary of State.
(i) All automotive
repairers and
rebuilders shall, in addition to the requirements of subsections (a)
through
(h) of this Section, meet the following licensing requirements:
1. provide proof that the property on which first | ||
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2. provide proof that the applicant for a repairer's | ||
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3. provide proof that the applicant for a rebuilder's | ||
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4. provide proof that the applicant has obtained or | ||
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5. provide proof that applicant has proper liability | ||
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6. provide proof that the applicant has obtained or | ||
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(i-1) All automotive repairers shall provide proof that they comply with all requirements of the Automotive Collision Repair Act.
(j) All automotive
parts
recyclers shall, in addition to the requirements of subsections (a) through
(h) of this Section, meet the following licensing requirements:
1. provide a statement that the applicant purchases 5 | ||
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2. provide proof that the property on which all first | ||
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3. provide proof that applicant complies with the | ||
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4. provide proof that applicant has obtained or | ||
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(Source: P.A. 101-572, eff. 8-23-19; 102-154, eff. 1-1-22.)
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(625 ILCS 5/5-302) (from Ch. 95 1/2, par. 5-302)
Sec. 5-302. Out-of-state salvage vehicle buyer must be licensed. (a) No
person in this State shall sell at auction a salvage vehicle to a
nonresident individual or business licensed in the United States unless the nonresident is licensed in another state or jurisdiction and provides a resale tax certificate, if applicable, and one of the following: a National Motor Vehicle Title Information System (NMVTIS) number, a federal employer identification number, or a government-issued driver's license or passport. A person in this State shall not sell at auction a salvage vehicle to an out-of-country buyer, unless if the nonresident is licensed in a jurisdiction that is not a state, then the nonresident shall provide to the seller the number of the nonresident's license issued by that jurisdiction and a copy of the nonresident's passport or the passport of an owner or officer of the nonresident entity or a copy of another form of government-issued identification from the nonresident or an owner or officer of the nonresident entity.
(b) (Blank).
(c) (Blank).
(d) (Blank).
(e) (Blank).
(f) (Blank).
(g) An out-of-state salvage vehicle buyer shall be subject to the
inspection of records pertaining to the acquisition of salvage vehicles in
this State in accordance with this Code and such rules as the Secretary of
State may promulgate.
(h) (Blank).
(i) (Blank).
(j) An out-of-state salvage vehicle buyer who provides an address outside of the United States shall receive a salvage certificate stamped by the seller with the designation of "For Export Only" at the point of sale for each salvage vehicle purchased and the NMVTIS record shall be designated "EXPORT". (Source: P.A. 101-572, eff. 8-23-19.)
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(625 ILCS 5/Ch. 5 Art. IV heading) ARTICLE IV.
RECORDS REQUIRED TO BE KEPT
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(625 ILCS 5/5-401.2) (from Ch. 95 1/2, par. 5-401.2)
Sec. 5-401.2. Licensees required to keep records and make inspections.
(a) Every person licensed or required to be licensed under Section 5-101,
5-101.1, 5-101.2, 5-102, 5-102.8, 5-301, or 5-302 of this Code, shall, with the exception of
scrap
processors, maintain for 3 years, in a form as the Secretary of State may by
rule or regulation prescribe, at his established place of business, additional
place of business, or principal place of business if licensed under Section
5-302, the following records relating to the acquisition or disposition of
vehicles and their essential parts possessed in this State, brought into this
State from another state, territory or country, or sold or transferred to
another person in this State or in another state, territory, or country.
(1) The following records pertaining to new or used | ||
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(A) the year, make, model, style and color of the | ||
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(B) the vehicle's manufacturer's identification | ||
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(C) the date of acquisition of the vehicle;
(D) the name and address of the person from whom | ||
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(E) the signature of the person making the | ||
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(F) the purchase price of the vehicle, if | ||
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(G) the date of the disposition of the vehicle;
(H) the name and address of the person to whom | ||
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(I) the uniform invoice number reflecting the | ||
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(J) The sale price of the vehicle, if applicable.
(2) (A) The following records pertaining to used | ||
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(i) the year, make, model, color and type of such | ||
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(ii) the vehicle's manufacturer's identification | ||
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(iii) the date of the acquisition of each part;
(iv) the name and address of the person from whom | ||
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(v) the uniform invoice number or out-of-state | ||
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(vi) the stock number assigned to the essential | ||
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(vii) the date of the disposition of such part;
(viii) the name and address of the person to whom | ||
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(ix) the uniform invoice number reflecting the | ||
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(B) Inspections of all essential parts shall be | ||
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(C) A separate entry containing all of the | ||
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(D) The vehicle's manufacturer's identification | ||
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(E) The records of essential parts required to be | ||
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(F) The requirements of paragraph (2) of subsection | ||
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(3) the following records for vehicles on which junking certificates are
obtained shall be kept:
(A) the year, make, model, style and color of the | ||
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(B) the vehicle's manufacturer's identification | ||
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(C) the date the vehicle was acquired;
(D) the name and address of the person from whom the | ||
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(E) the certificate of title number or salvage | ||
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(F) the junking certificate number obtained by the | ||
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(G) the name and address of the person to whom the | ||
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(H) if the vehicle or any part of the vehicle is | ||
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(4) The following records for rebuilt vehicles shall be kept:
(A) the year, make, model, style and color of the | ||
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(B) the vehicle's manufacturer's identification | ||
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(C) the date the vehicle was acquired;
(D) the name and address of the person from whom the | ||
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(E) the salvage certificate number for the vehicle;
(F) the newly issued certificate of title number for | ||
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(G) the date of disposition of the vehicle;
(H) the name and address of the person to whom the | ||
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(I) The sale price of the vehicle.
(a-1) A person licensed or required to be licensed under Section 5-101 or
Section 5-102 of this Code who issues temporary registration permits as
permitted by
this Code and by rule must electronically file the registration with the
Secretary and must maintain records of the registration in the manner
prescribed by the Secretary.
(b) A failure to make separate entries for each vehicle acquired,
disposed of, or assigned, or a failure to record any of the specific
information required to be recorded concerning the acquisition or
disposition of each vehicle as set forth in paragraphs (1),
(3) and (4) of subsection (a) shall constitute a failure to keep records.
(c) All entries relating to the acquisition of a vehicle or essential
part required by subsection (a) of this Section shall be recorded no later than
the close of business on the seventh calendar day following such acquisition.
All entries relating to the disposition of a vehicle or an essential part
shall be made at the time of such disposition. If the vehicle or essential
part was disposed of on the same day as its acquisition or the day
thereafter, the entries relating to the acquisition of the vehicle or
essential part shall be made at the time of the disposition of the vehicle
or essential part. Failure to make the entries required in or at the times
prescribed by this subsection following the acquisition or disposition of
such vehicle or essential part shall constitute a failure to keep records.
(d) Every person licensed or required to be licensed shall,
before accepting delivery of a used vehicle, inspect the
vehicle to determine whether the manufacturer's public vehicle
identification number has been defaced, destroyed,
falsified, removed, altered, or tampered with in any way. If the person
making the inspection determines that the manufacturer's public vehicle
identification number has been altered, removed, defaced, destroyed,
falsified or tampered with he shall not acquire that vehicle but instead
shall promptly notify law enforcement authorities of his finding.
(e) The information required to be kept in subsection (a) of this
Section shall be kept in a manner prescribed by rule or regulation of the
Secretary of State.
(f) Every person licensed or required to be licensed shall have in his
possession a separate certificate of title, salvage certificate, junking
certificate, certificate of purchase, uniform invoice, out-of-state bill of
sale or other acceptable documentary evidence of his right to the
possession of every vehicle or essential part.
(g) Every person licensed or required to be licensed as a transporter
under Section 5-201 shall maintain for 3 years, in such form as the
Secretary of State may by rule or regulation prescribe, at his principal
place of business a record of every vehicle transported by him, including
numbers of or other marks of identification thereof, the names and
addresses of persons from whom and to whom the vehicle was delivered and
the dates of delivery.
(h) No later than 15 days prior to going out of business, selling the
business, or transferring the ownership of the business, the licensee shall
notify the Secretary of State that he is going out of business or that he
is transferring the ownership of the business. Failure to notify under this
paragraph shall constitute a failure to keep records.
(i) (Blank).
(j) A person who knowingly fails to comply with the provisions of this
Section or
knowingly fails to obey, observe, or comply with any order of the Secretary or
any law
enforcement agency issued
in accordance with this Section is guilty of a Class B misdemeanor for the
first violation and a Class A misdemeanor for the second and subsequent
violations. Each violation constitutes a separate and distinct offense and a
separate count may be brought in the same indictment or information for each
vehicle or each essential part of a vehicle for which a record was not kept as
required by this Section.
(k) Any person convicted of failing to keep the records required by this
Section with intent to conceal the identity or origin of a vehicle or its
essential parts or with intent to defraud the public in the transfer or sale of
vehicles or their essential parts is guilty of a Class 2 felony. Each violation
constitutes a separate and distinct offense and a separate count may be brought
in the same indictment or information for each vehicle or
essential part of a vehicle for which a record was not kept as required by this
Section.
(l) A person may not be criminally charged with or convicted of both a
knowing failure to comply with this Section and a knowing failure to comply
with any order, if both offenses involve the same record keeping violation.
(m) The Secretary shall adopt rules necessary for implementation of this
Section, which may include the imposition of administrative fines.
(Source: P.A. 101-505, eff. 1-1-20; 102-538, eff. 8-20-21.)
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(625 ILCS 5/5-401.3) (from Ch. 95 1/2, par. 5-401.3)
Sec. 5-401.3. Scrap processors required to keep records. (a) Every person licensed or required to be licensed as a scrap processor
pursuant to Section 5-301 of this Chapter shall maintain for 3 years, at
his established place of business, the following records relating to the
acquisition of recyclable metals or the acquisition of a vehicle, junk vehicle, or vehicle cowl which has been
acquired for the purpose of processing into a form other than a vehicle,
junk vehicle or vehicle cowl which is possessed in the State or brought
into this State from another state, territory or country.
No scrap metal processor shall sell a vehicle or essential part, as such,
except for engines, transmissions, and powertrains, unless licensed to do so
under another provision of this Code. A scrap processor who is additionally
licensed as an automotive parts recycler shall not be subject to the record
keeping requirements for a scrap processor
when acting as an automotive parts
recycler.
(1) For a vehicle, junk vehicle, or vehicle cowl | ||
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(2) For a vehicle, junk vehicle or vehicle cowl | ||
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(3) In addition to the other information required on | ||
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(4) The scrap processor shall maintain a copy of a | ||
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(5) For recyclable metals valued at $100 or more, the | ||
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This subdivision (a)(5) does not apply to electrical | ||
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(b) Any licensee who knowingly fails to record any of the specific
information required to be recorded on the weight ticket required under any other subsection of this Section, or Section 5-401 of this Code, or who knowingly
fails to acquire and maintain for 3 years documentary proof of ownership in
one of the prescribed forms shall be guilty of a Class A misdemeanor and
subject to a fine not to exceed $1,000. Each violation shall constitute a
separate and distinct offense and a separate count may be brought in the
same complaint for each violation. Any licensee who commits a second
violation of this Section within two years of a previous conviction of a
violation of this Section shall be guilty of a Class 4 felony.
(c) It shall be an affirmative defense to an offense brought under
paragraph (b) of this Section that the licensee or person required to be
licensed both reasonably and in good faith relied on information appearing
on a Certificate of Title, a Salvage Certificate, a Junking Certificate, a
Secretary of State Manifest, a Secretary of State's Uniform Invoice, a
Certificate of Purchase, or other documentary proof of ownership prepared
under Section 3-117.1(a) of this Code, relating to the transaction for
which the required record was not kept which was supplied to the licensee
by another licensee or an out-of-state dealer.
(d) No later than 15 days prior to going out of business, selling the
business, or transferring the ownership of the business, the scrap
processor shall notify the Secretary of that fact. Failure to so notify
the Secretary of State shall constitute a failure to keep
records under this Section.
(e) Evidence derived directly or indirectly from the keeping of records
required to be kept under this Section shall not be admissible in a
prosecution of the licensee for an alleged violation of Section 4-102(a)(3) of this Code.
(Source: P.A. 100-956, eff. 1-1-19.)
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(625 ILCS 5/5-401.4)
Sec. 5-401.4. Purchase of beer kegs by scrap processors. (a) A scrap processor may not purchase metal beer kegs from any person other than the beer manufacturer whose identity is printed, stamped, attached, or otherwise displayed on the beer keg, or the manufacturer's authorized representative. (b) The purchaser shall obtain a proof of ownership record from a person selling the beer keg, including any person selling a beer keg with an indicia of ownership that is obliterated, unreadable, or missing, and shall also verify the seller's identity by a driver's license or other government-issued photo identification. The proof of ownership record shall include all of the following information: (1) The name, address, telephone number, and | ||
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(2) The name and address of the buyer, or consignee | ||
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(3) A description of the beer keg, including its | ||
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(4) The date of transaction. (c) The information required to be collected by this Section shall
be kept for one year from the date of purchase or delivery,
whichever is later.
(Source: P.A. 95-253, eff. 1-1-08; 95-979, eff. 1-2-09.) |
(625 ILCS 5/5-402) (from Ch. 95 1/2, par. 5-402)
Sec. 5-402.
Use of Department of Revenue Uniform Invoice for vehicle.
Every person licensed as a new vehicle dealer, as a used vehicle
dealer, or as a motor vehicle financing affiliate shall issue a Uniform
Invoice with respect to each transaction
wherein he disposes of a vehicle, except that where, in the same
transaction, a vehicle dealer transfers more than one vehicle to another
vehicle dealer for the purpose of resale, such seller for resale may issue
one Uniform Invoice to the purchaser covering all the vehicles involved in
that transaction and may report the transfer of all the vehicles involved
in that transaction to the Department on the same Uniform
Invoice-transaction reporting return form. Every person licensed as a
rebuilder shall likewise issue a Uniform Invoice with respect to each
transaction wherein he disposes of a rebuilt or restored vehicle. Such
Uniform Invoice shall be the same document as the transaction reporting
return referred to in Section 3 of the Retailers' Occupation Tax Act. Such
Uniform Invoice shall contain complete financial details of the transaction
in such form as shall be prescribed by the Department of Revenue. Such
Uniform Invoice shall include an affidavit by both the seller and the buyer
that any trade-in title has been properly assigned from the buyer to the
seller and that all information on the Uniform Invoice-transaction
reporting return is true and accurate.
(Source: P.A. 91-415, eff. 1-1-00.)
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(625 ILCS 5/5-402.1) (from Ch. 95 1/2, par. 5-402.1)
Sec. 5-402.1. Use of Secretary of State Uniform Invoice for Essential
Parts. (a) Except for scrap processors, every person licensed or required
to be licensed under Section 5-101, 5-101.1, 5-102, 5-102.8, or 5-301 of this Code
shall
issue, in a form the Secretary of State may by rule or regulation
prescribe, a Uniform Invoice, which may also act as a bill of sale, with respect to each transaction in which he disposes of
an essential part other than quarter panels and transmissions of vehicles
of the first division. Such Invoice shall be made out at the time of the
disposition of the essential part. If the licensee disposes of several
essential parts in the same transaction, the licensee may issue one Uniform
Invoice covering all essential parts disposed of in that transaction.
(b) The following information shall be contained on the Uniform Invoice:
(1) the business name, address, and dealer license | ||
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(2) the name and address of the person acquiring the | ||
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(3) the date of the disposition of the essential part;
(4) the year, make, model, color, and description of | ||
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(5) the manufacturer's vehicle identification number, | ||
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(6) the printed name and legible signature of the | ||
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(7) if the person is a dealer the printed name and | ||
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(c) Except for scrap processors, and except as set forth in subsection
(d) of this Section, whenever a person licensed or
required to be licensed by Section
5-101, 5-101.1, 5-102, or 5-301 accepts delivery of an essential
part, other than quarter panels and transmissions of vehicles of the
first division, that person shall, at the time of the acceptance or
delivery, comply
with the following procedures:
(1) Before acquiring or accepting delivery of any | ||
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If that part was physically acquired by or delivered | ||
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(2) If the person disposing of or delivering the | ||
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(3) If the person disposing of the essential part is | ||
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(d) If an essential part other than quarter panels and
transmissions of vehicles of the first division was delivered by a licensed commercial
delivery service delivering such part on behalf of a licensed dealer, the
person required to comply with subsection (c) of this Section may conduct
the inspection of that part required by paragraph (1) of subsection (c) and examination
of the Uniform Invoice or bill of sale required by paragraph (2) of subsection (c) of
this Section immediately after the acceptance of the part.
(1) If the inspection of the essential part pursuant | ||
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(2) If the examination of the Uniform Invoice or bill | ||
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(e) Except for scrap processors, all persons licensed or required to
be licensed who acquire or
dispose of essential parts other than quarter panels and transmissions of
vehicles of the first division shall retain a copy of the Uniform Invoice
required to be made by subsections (a), (b), and (c) of this Section for a
period of 3 years.
(f) Except for scrap processors, any person licensed or required to
be licensed under Section 5-101,
5-102, or 5-301 who knowingly fails to record on a Uniform Invoice any of the
information or entries required to be recorded by subsections (a), (b), and
(c) of this Section, or who knowingly places false entries or other misleading
information on such Uniform Invoice, or who knowingly fails to retain for 3 years a
copy of a Uniform Invoice reflecting transactions required to be recorded
by subsections (a), (b), and (c) of this Section, or who knowingly acquires or
disposes of essential parts without receiving, issuing, or executing a
Uniform Invoice reflecting that transaction as required by subsections (a),
(b), and (c) of this Section, or who brings or causes to be brought into
this State essential parts for which the information required to be
recorded on a Uniform Invoice is not recorded as prohibited by subsection
(c) of this Section, or who knowingly fails to comply with the provisions of
this
Section in any other manner shall be guilty of a Class 2 felony. Each
violation shall constitute a separate and distinct offense and a separate
count may be brought in the same indictment or information for each
essential part for which a record was not kept as required by this Section
or for which the person failed to comply with other provisions of this
Section.
(g) The records required to be kept by this Section
may be examined by a person or persons making a lawful
inspection of the licensee's premises pursuant to Section 5-403.
(h) The records required to be kept by this Section shall be retained by
the licensee at his principal place of business for a period of 3 years.
(i) The requirements of this Section shall not apply to the disposition
of an essential part other than a cowl which has been damaged or altered to
a state in which it can no longer be returned to a usable condition and
which is being sold or transferred to a scrap processor or for delivery to
a scrap processor.
(Source: P.A. 101-505, eff. 1-1-20; 102-318, eff. 1-1-22; 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
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(625 ILCS 5/5-403) (from Ch. 95 1/2, par. 5-403)
Sec. 5-403. (1) Authorized representatives of the Secretary of State
including officers of the Secretary of State's Department of Police, other
peace officers, and such other individuals as the Secretary may designate
from time to time shall make inspections of individuals and facilities licensed
or required to be licensed under Chapter 5 of the Illinois Vehicle Code
for the purpose of reviewing records required to be maintained under
Chapter 5 for accuracy and completeness and reviewing and examining the
premises of the licensee's established or additional place of business
for the purpose of determining the accuracy of the required records.
Premises that may be inspected in order to determine the accuracy of the
books and records required to be kept includes all premises used by the
licensee to store vehicles and parts that are reflected by the required books and records.
(2) Persons having knowledge of or conducting inspections pursuant to
this Chapter shall not in advance of such inspections knowingly notify a
licensee or representative of a licensee of the contemplated inspection
unless the Secretary or an individual designated by him for this purpose
authorizes such notification. Any individual who, without authorization,
knowingly violates this subparagraph shall be guilty of a Class A misdemeanor.
(3) The licensee or a representative of the licensee shall be entitled
to be present during an inspection conducted pursuant to Chapter 5, however,
the presence of the licensee or an authorized representative of the licensee
is not a condition precedent to such an inspection.
(4) Inspection conducted pursuant to Chapter 5 may be initiated at any
time that business is being conducted or work is being performed, whether
or not open to the public or when the licensee or a representative of the
licensee, other than a mere custodian or watchman, is present. The fact
that a licensee or representative of the licensee leaves the licensed premises
after an inspection has been initiated shall not require the termination
of the inspection.
(5) Any inspection conducted pursuant to Chapter 5 shall not continue
for more than 24 hours after initiation.
(6) In the event information comes to the attention of the individuals
conducting an inspection that may give rise to the necessity of obtaining
a search warrant, and in the event steps are initiated for the procurement
of a search warrant, the individuals conducting such inspection may take
all necessary steps to secure the premises under inspection until the warrant
application is acted upon by a judicial officer.
(7) No more than 6 inspections of a premises may be conducted pursuant
to Chapter 5 within any 6 month period except pursuant to a search warrant.
Notwithstanding this limitation, nothing in this subparagraph (7) shall be
construed to limit the authority of law enforcement agents to respond to
public complaints of violations of the Code. For the purpose of this
subparagraph (7), a public complaint is one in which the complainant identifies
himself or herself and sets forth, in writing, the specific basis for their
complaint against the licensee. For the purpose of this subparagraph (7), the inspection of records pertaining only to recyclable metals, as provided in subdivision (a)(5) of Section 5-401.3 of this Code, shall not be counted as an inspection of a premises.
(8) Nothing in this Section shall be construed to limit the authority
of individuals by the Secretary pursuant to this Section to conduct searches
of licensees pursuant to a duly issued and authorized search warrant.
(9) Any licensee who, having been informed by a person authorized to
make inspections and examine records under this Section that he desires to
inspect records and the licensee's premises as authorized by this Section,
refuses either to produce for that person records required to be kept by
this Chapter or to permit such authorized person to make an inspection of
the premises in accordance with this Section shall subject the license to
immediate suspension by the Secretary of State.
(10) Beginning July 1, 1988, any person referenced under Section 5-302 shall
produce for inspection upon demand those records pertaining to the
acquisition of salvage vehicles in this State.
(Source: P.A. 95-253, eff. 1-1-08; 95-783, eff. 1-1-09; 95-979, eff. 1-2-09; 96-328, eff. 8-11-09.)
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(625 ILCS 5/5-403.1) (from Ch. 95 1/2, par. 5-403.1)
Sec. 5-403.1. Inventory system.
(a) Every person licensed or required
to be licensed under the provisions of Sections 5-101, 5-101.1, 5-102, 5-102.8, and
5-301 of
this Code shall, under rule and regulation prescribed by the Secretary of
State, maintain an inventory system of all vehicles or essential parts in
such a manner that a person making an inspection pursuant to the provisions
of Section 5-403 of this Code can readily ascertain the identity of such
vehicles or essential parts and readily locate such parts on the licensees
premises.
(b) Failure to maintain an inventory system as required under this Section
is a Class A misdemeanor.
(c) This Section does not apply to vehicles or essential parts which have
been acquired by a scrap processor for processing into a form other than
a vehicle or essential part.
(Source: P.A. 101-505, eff. 1-1-20.)
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(625 ILCS 5/5-404) Sec. 5-404. Injunctions. The Illinois Attorney General or the State's Attorney for the county in which the scrap processor is located may initiate an appropriate action in the circuit court of the county in which a scrap processor is located to prevent the unlawful operation of a scrap processor, or to restrain, correct, or abate a violation of this Act, or to prevent any illegal act or conduct by the scrap processor.
(Source: P.A. 95-979, eff. 1-2-09.) |
(625 ILCS 5/Ch. 5 Art. V heading) ARTICLE V.
LICENSES--INJUNCTIONS
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(625 ILCS 5/5-501) (from Ch. 95 1/2, par. 5-501) Sec. 5-501. Denial, suspension or revocation or cancellation of a license. (a) The license of a person issued under this Chapter may be denied, revoked or suspended if the Secretary of State finds that the applicant, or the officer, director, shareholder having a ten percent or greater ownership interest in the corporation, owner, partner, trustee, manager, employee or the licensee has: 1. Violated this Act; 2. Made any material misrepresentation to the | ||
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3. Committed a fraudulent act in connection with | ||
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4. As a new vehicle dealer has no contract with a | ||
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5. Not maintained an established place of business as | ||
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6. Failed to file or produce for the Secretary of | ||
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7. Previously had, within 3 years, such a license | ||
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8. Has committed in any calendar year 3 or more | ||
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a. the "Consumer Finance Act"; b. the "Consumer Installment Loan Act"; c. the "Retail Installment Sales Act"; d. the "Motor Vehicle Retail Installment Sales | ||
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e. "An Act in relation to the rate of interest | ||
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f. "An Act to promote the welfare of wage-earners | ||
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g. Part 8 of Article XII of the Code of Civil | ||
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h. the "Consumer Fraud Act"; 9. Failed to pay any fees or taxes due under this | ||
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10. Converted an abandoned vehicle; 11. Used a vehicle identification plate or number | ||
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12. Violated the provisions of Chapter 5 of this Act, | ||
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13. Violated the provisions of Chapter 4 of this Act, | ||
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14. Violated the provisions of Chapter 3 of this Act, | ||
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15. Violated Section 21-2 of the Criminal Code of | ||
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16. Made or concealed a material fact in connection | ||
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17. Acted in the capacity of a person licensed or | ||
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18. Failed to pay, within 90 days after a final | ||
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19. Failed to pay the Dealer Recovery Trust Fund fee | ||
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20. Failed to pay, within 90 days after notice has | ||
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21. Violated Article 16 or 17 of the Criminal Code of | ||
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22. Was convicted of a forcible felony under either | ||
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23. Offered for private sale a motor vehicle in the | ||
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(b) In addition to other grounds specified in this Chapter, the Secretary of State, on complaint of the Department of Revenue, shall refuse the issuance or renewal of a license, or suspend or revoke such license, for any of the following violations of the "Retailers' Occupation Tax Act", the tax imposed on corporations under subsection (b) of Section 201 of the Illinois Income Tax Act, the Personal Property Tax Replacement Income Tax imposed under subsections (c) and (d) of Section 201 of the Illinois Income Tax Act, or the tax imposed under Section 704A of the Illinois Income Tax Act: 1. Failure to make a tax return; 2. The filing of a fraudulent return; 3. Failure to pay all or part of any tax or penalty | ||
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4. Failure to comply with the bonding requirements of | ||
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(b-1) In addition to other grounds specified in this Chapter, the Secretary of State, on complaint of the Motor Vehicle Review Board, shall refuse the issuance or renewal of a license, or suspend or revoke that license, if costs or fees assessed under Section 29 or Section 30 of the Motor Vehicle Franchise Act have remained unpaid for a period in excess of 90 days after the licensee received from the Motor Vehicle Board a second notice and demand for the costs or fees. The Motor Vehicle Review Board must send the licensee written notice and demand for payment of the fees or costs at least 2 times, and the second notice and demand must be sent by certified mail. (c) Cancellation of a license. 1. The license of a person issued under this Chapter | ||
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A. When a license is voluntarily surrendered, by | ||
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B. If the business enterprise is a sole | ||
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C. If the license was issued to the wrong person | ||
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2. The license of a person issued under this Chapter | ||
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(Source: P.A. 104-63, eff. 1-1-26.) |
(625 ILCS 5/5-501.5) Sec. 5-501.5. License eligibility; fraud. (a) For purposes of this Section, an "automotive parts recycler, scrap processor, repairer, or rebuilder" includes any owners, operators, principals, shareholders, partners, or directors that have ownership interest or managerial authority in the business at the time the fraud or misconduct occurred. (b) Notwithstanding any other provision of law to the contrary, an automotive parts recycler, scrap processor, repairer, or rebuilder with a business license issued by a municipality that has been revoked or nonrenewed due to fraud or misconduct committed against the municipality within 3 years preceding the effective date of this amendatory Act of the 100th General Assembly or on or after the effective date of this amendatory Act of the 100th General Assembly shall not be eligible for a license or license renewal under Section 5-301 of this Code. (c) No later than 30 days after the effective date of this amendatory Act of the 100th General Assembly, a municipality that has revoked or nonrenewed a business license under subsection (b) of this Section shall: (1) notify the Secretary of State of the revocation | ||
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(2) notify any other municipality in which the former | ||
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(d) No later than 30 days after receiving a notice required under paragraph (2) of subsection (c) of this Section, a municipality shall take all actions necessary to revoke or, if the business license is set to expire within a 30-day period of the notice, prohibit renewal of the licensee's business license. (d-5) No later than 30 days after receiving notice under paragraph (1) of subsection (c) of this Section, the Secretary shall notify the former licensee that it is not eligible to conduct business in this State as an automotive parts recycler, scrap processor, repairer, or rebuilder. (e) An automotive parts recycler, scrap processor, repairer, or rebuilder shall be fined $1,000 for each day it conducts business in this State in violation of this Section. (f) No unit of local government, including a home rule unit, may regulate business licenses in a manner inconsistent with this Section. This subsection (f) is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State.
(Source: P.A. 100-409, eff. 8-25-17.) |
(625 ILCS 5/5-502) (from Ch. 95 1/2, par. 5-502)
Sec. 5-502.
Injunctions.
If any person operates in violation of any provision of this Chapter, or
any rule, regulation, order or decision of the Secretary of State, or of
any term, condition or limitation of any license, the Secretary of State,
or any person injured thereby, or any interested person, may apply to the
Circuit Court of the county in which such violation or some part thereof
occurred, or in which the person complained of has his established or
additional place of business or
resides, to prevent such violation. The Court has jurisdiction to enforce
obedience by injunction or other process restraining such person from
further violation and enjoining upon him obedience.
(Source: P.A. 86-444.)
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(625 ILCS 5/5-503) (from Ch. 95 1/2, par. 5-503)
Sec. 5-503. Failure to obtain dealer's license, operation of a business
with a suspended or revoked license. (a) Any person operating a business
for which he is required to be licensed under Section 5-101, 5-101.2, 5-102, 5-102.8, 5-201,
or 5-301 who fails to apply for such a license or licenses within 15 days
after being informed in writing by the Secretary of State that he must obtain
such a license or licenses is subject to a civil action brought by the
Secretary of State for operating a business without a license in the
circuit court in the county in which the business is located. If the
person is found to be in violation of Section 5-101, 5-101.2, 5-102, 5-102.8, 5-201, or 5-301
by carrying on a business without being properly licensed, that person
shall be fined $300 for each business day he conducted his business without
such a license after the expiration of the 15-day period specified in this
subsection (a).
(b) Any person who, having had his license or licenses issued under Section
5-101, 5-101.2, 5-102, 5-201, or 5-301 suspended, revoked, nonrenewed, cancelled, or denied by the
Secretary of State under Section 5-501 or 5-501.5 of this Code, continues to operate business after
the effective date of such revocation, nonrenewal, suspension, cancellation, or denial
may be sued in a civil action by the Secretary of State in the county in
which the established or additional place of such business is located. Except as provided in subsection (e) of Section 5-501.5 of this Code, if
such person is found by the court to have operated such a business after
the license or licenses required for conducting such
business have been suspended, revoked, nonrenewed, cancelled, or denied, that person
shall be fined $500 for each day he conducted business thereafter.
(Source: P.A. 100-409, eff. 8-25-17; 100-450, eff. 1-1-18; 100-863, eff. 8-14-18; 101-505, eff. 1-1-20.)
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(625 ILCS 5/5-504) (from Ch. 95 1/2, par. 5-504)
Sec. 5-504.
Effect of revoked or denied license - Notification to prospective
buyers - Rescinding of contracts. (a) No license shall be issued to any
person to conduct the business of a new vehicle
dealer, used vehicle
dealer, scrap processor, automotive parts
recycler, repairer, or
rebuilder at a location or at property at which that person or any other
person had his license as a new vehicle dealer, used
vehicle dealer,
scrap processor, automotive parts recycler, repairer, or rebuilder revoked or denied
after a revocation or pending revocation within 2
months after such revocation or denial.
(b) A licensee who has been notified by the Secretary of State that the
Secretary of State may take action to revoke the dealer's license or
licenses of that licensee shall inform in writing any prospective buyer of
his business of such possible action by the Secretary of State.
(c) If any person purchases or contracts to purchase a business
required to be licensed by Section 5-101, 5-102, 5-201 or 5-301 without
being informed in writing by the prior owner or owners that, at the time of
the sale or making of contract to purchase, the prior owner or owners had
been informed by the Secretary of State that the Secretary of State may be
taking action to revoke the license or licenses of the prior owner or
owners, the person who has purchased or contracted to purchase such
business may, within one year after being informed that his application for
a dealer's license at that location had been denied due to the revocation
of the license or licenses of any prior owner or owners, rescind the
purchase or contract to purchase such business or the property, both real
and otherwise, at which the business is located.
(d) Notwithstanding the provisions of subsection (a) of this Section,
the Secretary of State may issue a license to a person applying for a
license as a new vehicle dealer, used vehicle dealer, scrap processor,
automotive parts recycler, repairer or rebuilder if the Secretary of State,
solely in his discretion, determines that a denial of the license under the
circumstances would place extreme undue hardship upon the applicant.
No license shall be issued under this subsection to a person who is a
spouse, offspring, sibling, parent, grandparent, grandchild, uncle or aunt,
nephew or niece, cousin or in-law of the person whose license to do
business at that location had been revoked or denied nor to a person who
was an officer or employee of the business firm in relation to which the
license was revoked or denied.
Notwithstanding the provisions of subsection (e) of Section 2-118 of
this Code, the venue for judicial review of final acts or decisions under
this subsection shall be the Circuit Court of Sangamon County.
(Source: P.A. 84-1302; 84-1304.)
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(625 ILCS 5/5-505) Sec. 5-505. License suspension or revocation; penalty. The Secretary shall suspend the license of any licensee under this Chapter who permits an individual who is not an authorized agent or employee of the licensee to use the license of the licensee to purchase a vehicle from an auction. The suspension shall be for a period of no less than 30 days for the first violation. Upon a second or subsequent violation, the Secretary shall revoke the license of the licensee.
(Source: P.A. 102-154, eff. 1-1-22.) |
(625 ILCS 5/Ch. 5 Art. VI heading) ARTICLE VI.
CREDIT OR CONDITIONAL
SALES--INSURANCE
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(625 ILCS 5/5-601) (from Ch. 95 1/2, par. 5-601)
Sec. 5-601.
Credit or conditional sale of certain motor vehicles - Liability insurance
status stamped on bill of sale.
Whenever, in connection with the credit sale of or conditional sale of a
motor vehicle designed and used for the carrying of not more than 10
passengers, the agreement provides that all or any of the consideration to
be paid by the buyer or conditional buyer may be paid more than 30 days
after possession of such motor vehicle is transferred to such buyer or
conditional buyer, and a policy of insurance which does not cover such
buyer or conditional buyer for the risk of liability to the public arising
out of the operation, use or maintenance of such motor vehicle, is issued
in connection with such transaction, the seller or conditional seller shall
stamp or have imprinted thereon a statement on the bill of sale at the time
the transaction is consummated that no such coverage is included in such
policy. Such statement shall be in the following form and shall be in bold
type not less than one-half inch in height:
NO PUBLIC LIABILITY INSURANCE ISSUED
WITH THIS TRANSACTION
(Source: P.A. 76-1586.)
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(625 ILCS 5/5-602) (from Ch. 95 1/2, par. 5-602)
Sec. 5-602.
Whoever violates any of the provisions of this Article shall be guilty
of a petty offense and shall be fined not more than $500.
(Source: P.A. 77-2720.)
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(625 ILCS 5/Ch. 5 Art. VII heading) ARTICLE VII.
VEHICLE AUCTIONEERS
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(625 ILCS 5/5-700) (from Ch. 95 1/2, par. 5-700)
Sec. 5-700.
Definitions.
For the purposes of this Article, the following
phrases have the meanings ascribed to them in this Section:
Place of business for a vehicle auctioneer. This means the place owned
and regularly occupied by a vehicle auctioneer licensee, within or without
the State, for the primary and principal purpose of keeping and maintaining
the books and records required for the conduct of business, with the personnel
available during normal business hours or an automatic telephone answering
service during normal business hours. The additional place of business means
that place within the State where the auction is held, which place of business
shall contain the books and records required for said auction with personnel
available during normal business hours. The Secretary of State shall be
notified of the additional place of business at least 10 days before the
auction.
Auctioning vehicles. This means arranging for and handling the sale of
vehicles, not the property of the auctioneer, by auction
to the highest bidder.
(Source: P.A. 89-663, eff. 8-14-96.)
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(625 ILCS 5/5-701) (from Ch. 95 1/2, par. 5-701)
Sec. 5-701.
Vehicle auctioneers to be licensed.
(a) No person, other than
a licensed new vehicle dealer, a licensed used vehicle dealer, or municipality,
shall engage in this State in the business of auctioning vehicles, for more
than one owner, at auction or shall offer to sell, solicit or advertise
the sale of a vehicle at auction without first acquiring a commercial vehicle
auctioneer license from the Secretary of State under the provisions of this Section.
A vehicle auction licensee shall be entitled thereunder to sell, solicit,
and advertise the sale of used vehicles belonging to others at auction.
(b) An application for a vehicle auctioneer license shall be filed with
the Secretary of State, duly verified by oath, in such form as the Secretary
of State may by rule or regulation prescribe and shall contain:
1. The name and type of business organization established and the address
of the place of business;
2. If the applicant is a corporation, a list of its officers and directors,
setting forth the residence address of each; if the applicant is a sole
proprietorship, a partnership, an unincorporated association, trust or any similar
form of business organization, the names and residence addresses of the
proprietor or of each partner, member, officer, director, trustee, manager
and shareholder having 10% or greater ownership interest in the corporation;
3. A statement that the applicant has been approved for registration under
the Retailers' Occupation Tax Act, approved June 28, 1933, as amended,
by the Department of Revenue. However, this requirement does not apply to
licensee who is already licensed hereunder with the Secretary of State,
and who is merely applying for a renewal of his license. As evidence of
this fact, the application shall be accompanied by a certification from
the Department of Revenue showing that the Department has approved the applicant
for registration under the Retailers' Occupation Tax Act;
4. A statement that the applicant has complied with the bonding requirements
of the "Retailers' Occupation Tax Act", approved June 28, 1933, as amended.
As evidence of this fact, the application shall be accompanied by a certification
from the Department of Revenue showing that the applicant is in compliance
with the bonding requirements of the "Retailers' Occupation Tax Act" or
that the applicant is not required to be bonded with the Department of Revenue
under the "Retailers' Occupation Tax Act";
5. Such other information concerning the business of the applicant as
the Secretary of State may by rule or regulation prescribe;
6. An application for a vehicle auctioneer license shall be accompanied
by the following license fees: $50 for applicant's place of business plus
$25 for each additional place of business, if any, to which the application
pertains, provided, however, that if such an application is made after July
1 of any year, the license fee shall be $25 for applicant's place of business
plus $12.50 for each additional place of business, if any, to which the
application pertains. License fees shall be returnable only in the event
that such application shall be denied by the Secretary of State.
7. A statement that the licensee has irrevocably consented to the
appointment
of the Secretary of State as its agent for service of process with the State
of Illinois. Said service of process shall be accomplished as provided in
Section 10-301 of the Illinois Vehicle Code.
(c) Any change which renders no longer accurate any information contained
in any application for a vehicle auctioneer shall be amended within thirty
days after the occurrence of each change on such form as the Secretary of
State may prescribe by rule or regulation, accompanied by an amendatory fee of
$2.
(d) Anything in this Chapter to the contrary notwithstanding, no person
shall be licensed as a vehicle auctioneer unless such person shall maintain
a place of business as defined in this Chapter.
(e) The Secretary of State shall, within a reasonable time after receipt,
examine an application submitted to him under this Section. Unless the
Secretary
makes a determination that the application submitted to him does not conform
to this Section or that grounds exist for a denial of the application under
Section 5-501 of this Chapter, he must grant the applicant an original vehicle
auctioneer license in writing for his place of business and a supplemental
license in writing for each additional place of business, in such form as
he may prescribe by rule or regulation which shall include the following:
1. The name of the person licensed;
2. If a corporation, the name and address of its officers or if a sole
proprietorship, a partnership, an unincorporated association or any similar
form of business organization, the name and address of the proprietor or
of each partner, member, officer, director, trustee or manager;
3. Complete address of the place of business of the licensee;
4. In the case of supplemental license, the place of business of the
licensee and the place of business to which such supplemental license pertains.
(f) The appropriate instruments evidencing the license or a certified
copy thereof, provided by the Secretary of State shall be kept posted, conspicuously,
in the place of business of the licensee within the State and in each
additional place of business, if any, maintained by such licensee.
(g) Except as provided in subsection (h) of this Section, all vehicle
auctioneer licenses granted under this Section expire on December 31 of
the calendar year for which they are granted unless sooner revoked under
Section 5-501 of this Chapter.
(h) a vehicle auctioneer license may be renewed upon application and
payment of the fee required herein, and submission of proof of coverage
by an approved bond under the "Retailers' Occupation Tax Act" or proof that
applicant is not subject to such bonding requirements, as in the case of
an original license, but in case an application for the renewal of an effective
license is made during the month of December, the effective license shall
remain in force until the application for renewal is granted or denied by
the Secretary of State.
(i) Each person licensed as a vehicle auctioneer or a licensed new or
used car dealer when auctioning vehicles is required to furnish each purchaser
of a motor vehicle the following:
1. A certificate of title properly assigned to the purchaser;
2. A statement verified under oath that all identifying numbers on the
vehicle agree with those on the certificate of title;
3. A bill of sale properly executed on behalf of such person.
(Source: P.A. 85-1396.)
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(625 ILCS 5/5-702) (from Ch. 95 1/2, par. 5-702)
Sec. 5-702. No person shall engage in the business of auctioning any
vehicles for which a salvage certificate is required by law
except to a bidder who is an out-of-state salvage vehicle buyer or who is properly licensed
as a rebuilder, automotive parts recycler, or scrap processor, as required by Section 5-301 of this Chapter.
(Source: P.A. 95-783, eff. 1-1-09.)
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(625 ILCS 5/Ch. 5 Art. VIII heading) ARTICLE VIII.
PENALTIES
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(625 ILCS 5/5-801) (from Ch. 95 1/2, par. 5-801)
Sec. 5-801. Criminal penalties. Any person who violates any of the provisions of this Chapter, except a person who violates a provision for which a different criminal penalty is indicated, is
guilty of a Class A misdemeanor. Any person who violates subsection (e) of Section 5-202 is guilty of a Class C misdemeanor. Any person who violates any provisions
of Section 5-701 is guilty of a Class 3 felony.
(Source: P.A. 100-725, eff. 8-3-18.)
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(625 ILCS 5/5-802) (from Ch. 95 1/2, par. 5-802)
Sec. 5-802.
The violation of any rule or regulation promulgated by the
Office of the Secretary of State under this Chapter shall not in and of
itself constitute a
criminal offense.
(Source: P.A. 85-1204.)
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(625 ILCS 5/5-803) Sec. 5-803. Administrative penalties. Instead of filing a criminal complaint against a new or used vehicle dealer, or against any other entity licensed by the Secretary under this Code, or any other unlicensed entity acting in violation of this Code, a Secretary of State Police investigator may issue administrative citations for violations of any of the provisions of this Code or any administrative rule adopted by the Secretary under this Code. A party receiving a citation shall have the right to contest the citation in proceedings before the Secretary of State Department of Administrative Hearings. Penalties imposed by issuance of an administrative citation shall not exceed $50 per violation, except for violations of subsections (f) and (g) of Section 5-102.1, in which case penalties imposed by issuance of an administrative citation shall not be less than $1,000 and shall not exceed $3,000 per violation. A penalty may not be imposed unless, during the course of a single investigation or upon review of the party's records, the party is found to have committed at least 3 separate violations of one or more of the provisions of this Code or any administrative rule adopted by the Secretary under this Code, except for violations of subsections (f) and (g) of Section 5-102.1. Penalties paid as a result of the issuance of administrative citations shall be deposited in the Secretary of State Police Services Fund. If the Secretary of State has reasonable cause to believe from information furnished to the Secretary or from an investigation made by a Secretary of State Police that a person is engaged in a business regulated by this Chapter without being licensed as required by law, the Secretary shall immediately issue and serve on the person by personal delivery or first class mail at the person's last known address a cease and desist order requiring the person to immediately cease and desist from further engaging in the business and shall notify the person that the person has the right to contest the cease and desist order in proceedings before the Secretary of State's Department of Administrative Hearings and that penalties may be imposed pursuant to this Section. The Secretary shall provide a copy of the cease and desist order to the Director of the Department of Revenue. (Source: P.A. 104-63, eff. 1-1-26.) |
(625 ILCS 5/Ch. 5 Art. IX heading) ARTICLE IX. MANUFACTURED HOME DEALERS
(Source: P.A. 102-941, eff. 7-1-22.) |
(625 ILCS 5/5-901) Sec. 5-901. Regulation of manufactured home dealers. (a) As used in this Article: "Established place of business" means the place owned or leased and occupied by any person duly licensed or required to be licensed as a manufactured home dealer for the purpose of engaging in selling, buying, bartering, displaying, exchanging, or dealing in, on consignment or otherwise, manufactured homes and for such other ancillary purposes as may be permitted by the Secretary by rule. "Manufactured home" means a factory-assembled structure built on a permanent chassis, transportable in one or more sections in the travel mode, incapable of self-propulsion, bears a label indicating the manufacturer's compliance with the United States Department of Housing and Urban Development standards, as applicable, and is designed for year-round occupancy as a single-family residence when connected to approved water, sewer, and electrical utilities. "Manufactured home dealer" means: (1) an individual or entity that engages in the business of acquiring or disposing of new or used manufactured homes; (2) an individual or entity who advertises or otherwise holds the individual or the entity out as being engaged in the business of acquiring or selling new or used manufactured homes; or (3) an individual or entity who buys or sells more than 2 new or used manufactured homes within a 12-month period. (b) No person shall engage in this State in the business of selling or dealing in, on consignment or otherwise, manufactured homes of any make, or act as an intermediary, agent, or broker for any manufactured home purchaser, other than as a salesperson, or to represent or advertise that he or she is so engaged, or intends to so engage, in the business, unless licensed to do so by the Secretary of State under this Section. (c) An application for a manufactured home dealer's license shall be filed with the Secretary of State Vehicle Services Department and duly verified by oath, on such form as the Secretary of State may prescribe, and shall contain all of the following: (1) The name and type of business organization of the | ||
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(2) If the applicant is a corporation, a list of its | ||
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(3) A statement that the applicant has been approved | ||
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(4) An application for a manufactured home dealer's | ||
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Of the money received by the Secretary of State as | ||
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(5) A statement that no officer, director, | ||
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(A) the Anti-Theft Laws of this Code; (B) the Certificate of Title Laws of this Code; (C) the Offenses against Registration and | ||
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(D) the Dealers, Transporters, Wreckers, and | ||
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(E) Section 21-2 of the Criminal Code of 2012, | ||
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(F) the Retailers' Occupation Tax Act; (G) the Consumer Installment Loan Act; (H) the Retail Installment Sales Act; (I) the Interest Act; (J) the Illinois Wage Assignment Act; (K) Part 8 of Article XII of the Code of Civil | ||
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(L) the Consumer Fraud and Deceptive Business | ||
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(6) A bond or certificate of deposit in the amount of | ||
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(7) Dealers in business for over 10 years may | ||
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(8) Any other information concerning the business of | ||
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(d) Any change that renders no longer accurate any information contained in any application for a license under this Section shall be amended within 30 days after the occurrence of the change on a form the Secretary of State may prescribe, by rule, accompanied by an amendatory fee of $25. (e) The Secretary of State shall, within a reasonable time after receipt, examine an application submitted under this Section, and unless the Secretary makes a determination that the application submitted does not conform with the requirements of this Section or that grounds exist for a denial of the application under subsection (f), grant the applicant an initial manufactured home dealer's license in writing for the established place of business of the applicant in a form the Secretary may prescribe by rule, which shall include the following: (1) the name of the person or entity licensed; (2) if a corporation, the name and address of its | ||
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(3) the established place of business of the licensee. (f) A license issued under this Section may be denied, revoked, or suspended if the Secretary of State finds that the applicant, or the officer, director, shareholder having a 10% or greater ownership interest in the corporation, owner, partner, trustee, manager, employee or the licensee has: (1) violated this Section; (2) made any material misrepresentation to the | ||
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(3) committed a fraudulent act in connection with | ||
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(4) not maintained an established place of business | ||
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(5) failed to file or produce to the Secretary of | ||
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(6) failed to pay any fees or taxes due under this | ||
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(7) failed to transfer title to a manufactured home | ||
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(8) violated any of the following: (A) the Anti-Theft Laws of this Code; (B) the Certificate of Title Laws of this Code; (C) the Offenses against Registration and | ||
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(D) the Dealers, Transporters, Wreckers, and | ||
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(E) Section 21-2 of the Criminal Code of 2012, | ||
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(F) the Retailers' Occupation Tax Act; (G) the Consumer Installment Loan Act; (H) the Retail Installment Sales Act; (I) the Interest Act; (J) the Illinois Wage Assignment Act; (K) Part 8 of Article XII of the Code of Civil | ||
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(L) the Consumer Fraud and Deceptive Business | ||
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(g) In addition to other grounds specified in this Section, the Secretary of State, on complaint of the Department of Revenue, shall refuse the issuance or renewal of a license, or suspend or revoke such a license, for any of the following violations of the Retailers' Occupation Tax Act, the tax imposed on corporations under subsection (b) of Section 201 of the Illinois Income Tax Act, the Personal Property Tax Replacement Income Tax imposed under subsections (c) and (d) of Section 201 of the Illinois Income Tax Act, or the tax imposed under Section 704A of the Illinois Income Tax Act: (1) failure to make a tax return; (2) the filing of a fraudulent return; (3) failure to pay all or part of any tax or penalty | ||
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(4) failure to comply with the bonding requirements | ||
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(h) A license issued under this Section may be canceled by the Secretary of State prior to its expiration in any of the following situations: (1) if a license is voluntarily surrendered by the | ||
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(2) if the business enterprise is a sole | ||
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(3) if the license was issued to the wrong person or | ||
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If any person whose license has been canceled wishes to apply for another license, whether during the same license year or any other year, that person shall be treated as a new applicant and the cancellation of the person's prior license shall not, in and of itself, be a bar to the issuance of a new license. (i) A license issued under this Section may be canceled without a hearing if the Secretary of State is notified that the applicant, or any officer, director, shareholder having a 10% or greater ownership interest, owner, partner, trustee, manager, employee, or member of the applicant or the licensee has been convicted of any forcible felony or any felony involving the selling, bartering, exchanging, offering for sale, or otherwise dealing in ownership documents relating to any of the above actions. (j) The appropriate instrument evidencing the license or a certified copy of the instrument, provided by the Secretary of State, shall be kept posted conspicuously in the established place of business of the licensee. (k) All records related to the purchase, sale, or acceptance for sale on consignment of any manufactured home shall be maintained at the licensee's established place of business. These records shall be retained for a period of not less than 7 years, and shall be made available for inspection upon the request of a Secretary of State auditor or an investigator with the Secretary of State Department of Police. (l) Except as provided in subsection (i), all licenses granted under this Section shall expire by operation of law on December 31st of the calendar year for which the licenses were granted, unless sooner revoked or canceled under subsection (f). (m) Each person licensed as a manufactured home dealer is required to furnish each purchaser of a manufactured home: (1) in the case of a new manufactured home, a | ||
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(2) a statement verified under oath that all | ||
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(3) a bill of sale properly executed on behalf of the | ||
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(4) for a new manufactured home, a warranty, and in | ||
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(n) This Section does not apply to a seller who privately owns his or her manufactured home as his or her main residence and is selling the manufactured home to another individual or to a licensee so long as that individual does not sell more than 2 manufactured homes in one 12-month period. (o) This Section does not apply to any person licensed under the Real Estate License Act of 2000. (p) The Secretary of State may adopt any rules necessary to implement this Section. (q) Any individual or entity licensed as a manufactured home dealer or a community-based manufactured home dealer on the effective date of this Section shall be entitled to act as a manufactured home dealer under this Section for the duration of any license in effect on the effective date of this amendatory Act of the 102nd General Assembly, and shall be eligible to be issued a manufactured home dealer's license under this Section upon the expiration of any such license.
(Source: P.A. 102-941, eff. 7-1-22.) |
(625 ILCS 5/Ch. 6 heading) CHAPTER 6.
THE ILLINOIS DRIVER LICENSING LAW
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(625 ILCS 5/Ch. 6 Art. I heading) ARTICLE I.
ISSUANCE OF LICENSES
EXPIRATION AND RENEWAL
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(625 ILCS 5/6-100) (from Ch. 95 1/2, par. 6-100)
Sec. 6-100. Definitions. For the purposes of this Chapter, the following
words shall have the meanings ascribed to them:
(a) Application Process. The process of obtaining a driver's license,
identification card, or permit. The process begins when a person enters a
Secretary of State Driver Services facility and requests a driver's
license, identification card or permit.
(b) Conviction. A final adjudication of guilty by a court of competent
jurisdiction either after a bench trial, trial by jury, plea of guilty,
order of forfeiture, or default.
(c) Identification Card. A document made or issued by or under the
authority of the United States Government, the State of Illinois or any other
state or political subdivision thereof, or any governmental or
quasi-governmental organization that, when completed with information
concerning
the individual, is of a type intended or commonly accepted for the purpose of
identifying the individual.
(d) Standard driver's license. A driver's license issued in a manner which is not compliant with the REAL ID Act and implementing regulations. Standard driver's licenses shall be marked "Federal Limits Apply" and shall have a color or design different from the REAL ID compliant driver's license. (e) REAL ID compliant driver's license. A driver's license issued in compliance with the REAL ID Act and implementing regulations. REAL ID compliant driver's licenses shall bear a security marking approved by the United States Department of Homeland Security. (f) Limited Term REAL ID compliant driver's license. A REAL ID compliant driver's license issued to a person who is not a permanent resident or citizen of the United States, or an individual who has an approved application for asylum in the United States or has entered the United States in refugee status, and marked "Limited Term" on the face of the license. (Source: P.A. 103-210, eff. 7-1-24.)
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(625 ILCS 5/6-100.5) Sec. 6-100.5. Issuance of REAL ID compliant and standard driver's licenses. The Secretary of State may issue both REAL ID compliant driver's licenses and standard driver's licenses, and may permit applicants to designate which type of driver's license they wish to receive. All provisions of this Code applicable to standard driver's licenses shall also apply to REAL ID compliant driver's licenses, except where the provisions are inconsistent with the REAL ID Act and implementing regulations. The Secretary shall establish by rule the date on which issuance of REAL ID compliant driver's licenses will begin.
(Source: P.A. 103-210, eff. 7-1-24.) |
(625 ILCS 5/6-101) (from Ch. 95 1/2, par. 6-101) Sec. 6-101. Drivers must have licenses or permits. (a) No person, except those expressly exempted by Section 6-102, shall drive any motor vehicle upon a highway in this State unless such person has a valid license or permit, an Illinois mobile driver's license, or a restricted driving permit, issued under the provisions of this Act. (b) No person shall drive a motor vehicle unless the person holds a valid license or permit, an Illinois mobile driver's license, or a restricted driving permit issued under this Act. Any person to whom a license is issued under the provisions of this Act must surrender to the Secretary of State all valid licenses or permits, except that an applicant for a non-domiciled commercial learner's permit or commercial driver's license shall not be required to surrender a license or permit issued by the applicant's state or country of domicile. No driver's license or instruction permit shall be issued to any person who holds a valid Foreign State license, identification card, or permit unless such person first surrenders to the Secretary of State any such valid Foreign State license, identification card, or permit. (b-5) Any person who commits a violation of subsection (a) or (b) of this Section is guilty of a Class A misdemeanor, if at the time of the violation the person's driver's license or permit was cancelled under clause (a)9 of Section 6-201 of this Code. (c) Any person licensed as a driver hereunder shall not be required by any city, village, incorporated town or other municipal corporation to obtain any other license to exercise the privilege thereby granted. (d) In addition to other penalties imposed under this Section, any person in violation of this Section who is also in violation of Section 7-601 of this Code relating to mandatory insurance requirements shall have his or her motor vehicle immediately impounded by the arresting law enforcement officer. The motor vehicle may be released to any licensed driver upon a showing of proof of insurance for the motor vehicle that was impounded and the notarized written consent for the release by the vehicle owner. (e) In addition to other penalties imposed under this Section, the vehicle of any person in violation of this Section who is also in violation of Section 7-601 of this Code relating to mandatory insurance requirements and who, in violating this Section, has caused death or personal injury to another person is subject to forfeiture under Sections 36-1 and 36-2 of the Criminal Code of 2012. For the purposes of this Section, a personal injury shall include any type A injury as indicated on the traffic crash report completed by a law enforcement officer that requires immediate professional attention in either a doctor's office or a medical facility. A type A injury shall include severely bleeding wounds, distorted extremities, and injuries that require the injured party to be carried from the scene. (f)(1) The Secretary of State may issue a mobile driver's license to an individual in addition to, and not instead of, a license or an identification card if the Secretary of State has issued a driver's license to the person. (2) The Secretary may enter into agreements with an agency of the State, another state, or the United States to facilitate the issuance, use, and verification of a mobile driver's license issued by the Secretary or another state. (3) Any mobile driver's license issued by the Secretary shall be in accordance with American Association of Motor Vehicle Administrator's Mobile Driver's License (mDL) Implementation Guidelines, Version 1.1. (4) The Secretary shall design the mobile driver's license in a manner that allows the credential holder to maintain physical possession of the device on which the electronic credential is accessed during verification. (g) As used in this Section: "Mobile driver's license" means an electronic extension of the Secretary of State issued physical driver's license that conveys identity and driving privilege information and is in compliance with the American Association of Motor Vehicle Administrator's Mobile Driver's License Implementation Guidelines and the ISO/IEC 18013-5 standard. "Mobile driver's license" does not include a digital copy, photograph, or image of a driver's license that is not downloaded through the Secretary of State's application on a mobile device. (h) A person may be required to produce when so requested a physical driver's license to a law enforcement officer, a representative of a State or federal department or agency, or a private entity and is subject to all applicable laws and consequences for failure to produce such a license. (i) The Secretary of State shall adopt such rules as are necessary to implement a mobile driver's license. (j) The display of a mobile driver's license shall not serve as consent or authorization for a law enforcement officer, or any other person, to search, view, or access any other data or application on the mobile device. If a person presents his or her mobile device to a law enforcement officer for purposes of displaying a mobile driver's license, the law enforcement officer shall promptly return the mobile device to the person once the officer has had an opportunity to verify the identity and license status of the person. Except for willful and wanton misconduct, any law enforcement officer, court, or officer of the court presented with the device shall be immune from any liability resulting from damage to the mobile device. (k) The fee to install the application to display a mobile driver's license as defined in this subsection shall not exceed $6. (Source: P.A. 102-982, eff. 7-1-23; 103-824, eff. 1-1-25.) |
(625 ILCS 5/6-101.5) Sec. 6-101.5. (Repealed). (Source: P.A. 102-1002, eff. 5-27-22. Repealed internally, eff. 1-1-24.) |
(625 ILCS 5/6-102) (from Ch. 95 1/2, par. 6-102) Sec. 6-102. What persons are exempt. The following persons are exempt from the requirements of Section 6-101 and are not required to have an Illinois drivers license or permit if one or more of the following qualifying exemptions are met and apply: 1. Any employee of the United States Government or | ||
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2. A nonresident who has in his immediate possession | ||
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3. A nonresident and his spouse and children living | ||
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4. A person operating a road machine temporarily upon | ||
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5. A resident of this State who has been serving as a | ||
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6. A nonresident on active duty in the Armed Forces | ||
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7. A nonresident who becomes a resident of this | ||
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8. An engineer, conductor, brakeman, or any other | ||
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9. Persons operating low-speed electric scooters in | ||
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The provisions of this Section granting exemption to any nonresident shall be operative to the same extent that the laws of the State or country of such nonresident grant like exemption to residents of this State. The Secretary of State may implement the exemption provisions of this Section by inclusion thereof in a reciprocity agreement, arrangement or declaration issued pursuant to this Act.(Source: P.A. 103-899, eff. 8-9-24.) |
(625 ILCS 5/6-103) (from Ch. 95 1/2, par. 6-103) Sec. 6-103. What persons shall not be licensed as drivers or granted permits. The Secretary of State shall not issue, renew, or allow the retention of any driver's license nor issue any permit under this Code: 1. To any person, as a driver, who is under the age | ||
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1.5. To any person at least 18 years of age but less | ||
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2. To any person who is under the age of 18 as an | ||
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3. To any person, as a driver, whose driver's license | ||
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4. To any person, as a driver, who is a user of | ||
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5. To any person, as a driver, who has previously | ||
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6. To any person, as a driver, who is required by the | ||
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7. To any person who is required under the provisions | ||
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8. To any person when the Secretary of State has good | ||
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9. To any person, as a driver, who is 69 years of age | ||
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10. To any person convicted, within 12 months of | ||
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11. To any person who is under the age of 21 years | ||
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12. To any person who has been either convicted of or | ||
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13. To any person who is under the age of 18 years | ||
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14. To any person who is 90 days or more delinquent | ||
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14.5. To any person certified by the Illinois | ||
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15. To any person released from a term of | ||
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16. To any person who, with intent to influence any | ||
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17. To any person for whom the Secretary of State | ||
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18. To any person who has been adjudicated under the | ||
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19. To any person who holds a REAL ID compliant | ||
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The Secretary of State shall retain all conviction information, if the information is required to be held confidential under the Juvenile Court Act of 1987.(Source: P.A. 103-162, eff. 1-1-24; 103-605, eff. 7-1-24.) |
(625 ILCS 5/6-103.1) Sec. 6-103.1. New residents; out-of-state revocation. (a) The Secretary of State may not issue a driver's license to a nonresident who becomes a resident of this State while the new resident's driving privileges are revoked, under terms similar to those provided in Section 1-176 of this Code, in another state; however, if the person has resided in this State for 10 or more consecutive years prior to submitting an application, that person may apply for licensure under Section 6-208 of this Code if: (1) the laws of the revoking state would allow the | ||
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(2) the person qualifies to apply for licensure under | ||
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(3) the out-of-state revocation is the only | ||
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(4) the person has not had any driving offenses since | ||
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(5) the person complies with the requirements of | ||
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(b) The Secretary may issue restricted driving permits to new residents whose driving privileges are revoked in another state. These permits must be issued according to the restrictions, and for the purposes, stated in Sections 6-205 and 6-206 of this Code. The Secretary shall adopt rules for the issuance of these permits. (c) A restricted driving permit issued under this Section is subject to cancellation, revocation, and suspension by the Secretary of State in the same manner and for the same causes as a driver's license issued under this Code may be cancelled, revoked, or suspended, except that a conviction of one or more offenses against laws or ordinances regulating the movement of traffic is sufficient cause for the revocation, suspension, or cancellation of a restricted driving permit.
(Source: P.A. 99-300, eff. 1-1-16.) |
(625 ILCS 5/6-104) (from Ch. 95 1/2, par. 6-104) Sec. 6-104. Classification of Driver - Special Restrictions. (a) A driver's license issued under the authority of this Act shall indicate the classification for which the applicant therefor has qualified by examination or by such other means that the Secretary of State shall prescribe. Driver's license classifications shall be prescribed by rule or regulation promulgated by the Secretary of State and such may specify classifications as to operation of motor vehicles of the first division, or of those of the second division, whether operated singly or in lawful combination, and whether for-hire or not-for-hire, and may specify such other classifications as the Secretary deems necessary. No person shall operate a motor vehicle unless such person has a valid license with a proper classification to permit the operation of such vehicle, except that any person may operate a moped if such person has a valid current Illinois driver's license, regardless of classification. Notwithstanding any other provision of this Code or any rule adopted under this Code, a nonresident who is employed as a public safety worker, as defined in Section 6-117.2, may operate in this State an authorized emergency vehicle, as defined in Section 1-105, if the nonresident possesses the license class required by the nonresident's state of residence to operate similar equipment. (b) No person who is under the age of 21 years or has had less than 1 year of driving experience shall drive: (1) in connection with the operation of any school, day camp, summer camp, or nursery school, any public or private motor vehicle for transporting children to or from any school, day camp, summer camp, or nursery school, or (2) any motor vehicle of the second division when in use for the transportation of persons for compensation. (c) No person who is under the age of 18 years shall be issued a license for the purpose of transporting property for hire, or for the purpose of transporting persons for compensation in a motor vehicle of the first division. (d) No person shall drive: (1) a school bus when transporting school children unless such person possesses a valid school bus driver permit or is accompanied and supervised, for the specific purpose of training prior to routine operation of a school bus, by a person who has held a valid school bus driver permit for at least one year; or (2) any other vehicle owned or operated by or for a public or private school, or a school operated by a religious institution, where such vehicle is being used over a regularly scheduled route for the transportation of persons enrolled as a student in grade 12 or below, in connection with any activity of the entities unless such person possesses a valid school bus driver permit. (d-5) No person may drive a bus that does not meet the special requirements for school buses provided in Sections 12-801, 12-802, 12-803, and 12-805 of this Code that has been chartered for the sole purpose of transporting students regularly enrolled in grade 12 or below to or from interscholastic athletic or interscholastic or school sponsored activities unless the person has a valid and properly classified commercial driver's license as provided in subsection (c-1) of Section 6-508 of this Code in addition to any other permit or license that is required to operate that bus. This subsection (d-5) does not apply to any bus driver employed by a public transportation provider authorized to conduct local or interurban transportation of passengers when the bus is not traveling a specific school bus route but is on a regularly scheduled route for the transporting of other fare paying passengers. A person may operate a chartered bus described in this subsection (d-5) if he or she is not disqualified from driving a chartered bus of that type and if he or she holds a CDL that is: (1) issued to him or her by any other state or | ||
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(2) not suspended, revoked, or canceled; and (3) valid under 49 CFR 383, subpart F, for the type | ||
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A person may also operate a chartered bus described in this subsection (d-5) if he or she holds a valid CDL and a valid school bus driver permit that was issued on or before December 31, 2003. (e) No person shall drive a religious organization bus unless such person has a valid and properly classified drivers license or a valid school bus driver permit. (f) No person shall drive a motor vehicle for the purpose of providing transportation for the elderly in connection with the activities of any public or private organization unless such person has a valid and properly classified driver's license issued by the Secretary of State. (g) No person shall drive a bus which meets the special requirements for school buses provided in Section 12-801, 12-802, 12-803 and 12-805 of this Code for the purpose of transporting persons 18 years of age or less in connection with any youth camp licensed under the Youth Camp Act or any child care facility licensed under the Child Care Act of 1969 unless such person possesses a valid school bus driver permit or is accompanied and supervised, for the specific purpose of training prior to routine operation of a school bus, by a person who has held a valid school bus driver permit for at least one year; however, a person who has a valid and properly classified driver's license issued by the Secretary of State may operate a school bus for the purpose of transporting persons 18 years of age or less in connection with any such youth camp or child care facility if the "SCHOOL BUS" signs are covered or concealed and the stop signal arm and flashing signal systems are not operable through normal controls. (h) No person shall operate an autocycle unless he or she has a valid Class D driver's license. (Source: P.A. 104-87, eff. 1-1-26.) |
(625 ILCS 5/6-105) (from Ch. 95 1/2, par. 6-105)
Sec. 6-105. Instruction permits and temporary licenses
for persons 18 years of age or older.
(a) Except as provided in this Section, the Secretary of State upon
receiving proper application and payment of the required fee may issue an
instruction permit to any person 18 years of age or older
who is not ineligible for a license under
paragraphs 1, 3, 4, 5, 7, or 8 of Section 6-103, after the applicant has
successfully passed such examination as the Secretary of State in his
discretion may prescribe.
1. An instruction permit entitles the holder while having the permit in
his immediate possession to drive a motor vehicle, excluding a motor driven
cycle or motorcycle, upon the highways for a period of 12 months after the
date of its issuance when accompanied by a licensed driver
who is 21 years of age or older, who has had a
valid driver's license classification to operate such vehicle for at least
one year and has had one year of driving experience
with such classification and who is occupying a seat beside the
driver.
2. A 12 month instruction permit for a motor driven cycle or motorcycle
may be issued
to a person 18 years of age or more, and entitles the holder to
drive upon the highways during daylight under the direct supervision of a
licensed
motor driven cycle operator or motorcycle operator
with the same or
greater classification, who is 21 years of age or older and who has at least
one year of driving experience.
3. (Blank).
(b) (Blank).
(c) The Secretary of State may issue a temporary
driver's license to an applicant for a license permitting the operation
of a motor vehicle while the Secretary is completing
an investigation and determination of all facts relative to
such applicant's eligibility to receive such license, or for any other
reason prescribed by rule or regulation promulgated by the Secretary of
State. Such permit must be in the applicant's immediate possession
while operating a motor vehicle, and it shall be invalid when the applicant's
driver's license has been issued or for good cause has been refused.
In each case the Secretary of State may issue the temporary driver's
license for such period as appropriate but in no
event for longer than 90 days. The Secretary may issue such additional temporary driver's licenses to an applicant as are necessary to allow the applicant to drive during the pendency of the investigation, valid for such a period as is appropriate, but in no event for longer than 90 days each.
(Source: P.A. 102-165, eff. 7-26-21.)
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(625 ILCS 5/6-105.1) Sec. 6-105.1. Temporary visitor's driver's license. (a) The Secretary of State may issue a temporary visitor's driver's license to a foreign national who (i) resides in this State, (ii) is ineligible to obtain a social security number, and (iii) presents to the Secretary documentation, issued by United States Citizenship and Immigration Services, authorizing the person's presence in this country. (a-5) The Secretary of State may issue a temporary visitor's driver's license to an applicant who (i) has resided in this State for a period in excess of one year, (ii) is ineligible to obtain a social security number, and (iii) is unable to present documentation issued by the United States Citizenship and Immigration Services authorizing the person's presence in this country. The applicant shall submit a valid unexpired passport from the applicant's country of citizenship or a valid unexpired consular identification document issued by a consulate of that country as defined in Section 5 of the Consular Identification Document Act (5 ILCS 230/5). (a-10) Applicants for a temporary visitor's driver's license who are under 18 years of age at the time of application shall be subject to the provisions of Sections 6-107 and 6-108 of this Code. (b) A temporary visitor's driver's license issued under subsection (a) is valid for 3 years, or for the period of time the individual is authorized to remain in this country, whichever ends sooner. A temporary visitor's driver's license issued under subsection (a-5) shall be valid for a period of 3 years. (b-5) A temporary visitor's driver's license issued under this Section may not be accepted for proof of the holder's identity. A temporary visitor's driver's license issued under this Section shall contain a notice on its face, in capitalized letters, stating that the temporary visitor's driver's license may not be accepted for proof of identity. (c) The Secretary shall adopt rules for implementing this Section, including rules: (1) regarding the design and content of the temporary | ||
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(2) establishing criteria for proof of identification | ||
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(3) designating acceptable evidence that an applicant | ||
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(4) regarding the issuance of temporary visitor's | ||
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(d) Any person to whom the Secretary of State may issue a temporary visitor's driver's license shall be subject to any and all provisions of this Code and any and all implementing regulations issued by the Secretary of State to the same extent as any person issued a driver's license, unless otherwise provided in this Code or by administrative rule, including but not limited to the examination requirements in Section 6-109 as well as the mandatory insurance requirements and penalties set forth in Article VI of Chapter 7 of this Code. (d-5) A temporary visitor's driver's license is invalid if the holder is unable to provide proof of liability insurance as required by Section 7-601 of this Code upon the request of a law enforcement officer, in which case the holder commits a violation of Section 6-101 of this Code. (e) Temporary visitor's driver's licenses shall be issued from a central location after the Secretary of State has verified the information provided by the applicant. (f) There is created in the State treasury a special fund to be known as the DMV Transformation Fund. All fees collected for the issuance of temporary visitor's driver's licenses shall be deposited into the Fund. These funds shall, subject to appropriation, be used by the Office of the Secretary of State for operational costs, including, but not limited to, personnel, facilities, computer programming, and data transmission. (g) No temporary visitor's driver's licenses shall be issued after the effective date of this amendatory Act of the 103rd General Assembly. (Source: P.A. 103-210, eff. 7-1-24; 104-2, eff. 7-1-25.) |
(625 ILCS 5/6-106) (from Ch. 95 1/2, par. 6-106) Sec. 6-106. Application for license or instruction permit. (a) Every application for any permit or license authorized to be issued under this Code shall be made upon a form furnished by the Secretary of State. Every application shall be accompanied by the proper fee and payment of such fee shall entitle the applicant to not more than 3 attempts to pass the examination within a period of one year after the date of application. (b) Every application shall state the legal name, zip code, date of birth, sex, and residence address of the applicant; briefly describe the applicant; state whether the applicant has theretofore been licensed as a driver, and, if so, when and by what state or country, and whether any such license has ever been canceled, suspended, revoked or refused, and, if so, the date and reason for such cancellation, suspension, revocation or refusal; shall include an affirmation by the applicant that all information set forth is true and correct; and shall bear the applicant's signature. In addition to the residence address, the Secretary may allow the applicant to provide a mailing address. In the case of an applicant who is a judicial officer, public official, or peace officer, the Secretary may allow the applicant to provide an office or work address in lieu of a residence or mailing address. The application form may also require the statement of such additional relevant information as the Secretary of State shall deem necessary to determine the applicant's competency and eligibility. The Secretary of State may, in his discretion, by rule or regulation, provide that an application for a drivers license or permit may include a suitable photograph of the applicant in the form prescribed by the Secretary, and he may further provide that each drivers license shall include a photograph of the driver. The Secretary of State may utilize a photograph process or system most suitable to deter alteration or improper reproduction of a drivers license and to prevent substitution of another photo thereon. For the purposes of this subsection (b): "Peace officer" means any person who by virtue of his or her office or public employment is vested by law with a duty to maintain public order or to make arrests for a violation of any penal statute of this State, whether that duty extends to all violations or is limited to specific violations. "Public official" has the meaning given in Section 10 of the Public Official Safety and Privacy Act. (b-1) Every application shall state the social security number of the applicant; except if the applicant is applying for a standard driver's license and, on the date of application, is ineligible for a social security number, then: (1) if the applicant has documentation, issued by the | ||
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(2) if the applicant does not have documentation | ||
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(A) documentation establishing that the applicant | ||
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(B) a passport validly issued to the applicant | ||
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(C) a social security card, if the applicant has | ||
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(b-3) Upon the first issuance of a request for proposals for a digital driver's license and identification card issuance and facial recognition system issued after January 1, 2020 (the effective date of Public Act 101-513), and upon implementation of a new or revised system procured pursuant to that request for proposals, the Secretary shall permit applicants to choose between "male", "female" or "non-binary" when designating the applicant's sex on the driver's license application form. The sex designated by the applicant shall be displayed on the driver's license issued to the applicant. (b-5) Every applicant for a REAL ID compliant driver's license or permit shall provide proof of lawful status in the United States as defined in 6 CFR 37.3, as amended. (c) The application form shall include a notice to the applicant of the registration obligations of sex offenders under the Sex Offender Registration Act. The notice shall be provided in a form and manner prescribed by the Secretary of State. For purposes of this subsection (c), "sex offender" has the meaning ascribed to it in Section 2 of the Sex Offender Registration Act. (d) Any male United States citizen or immigrant who applies for any permit or license authorized to be issued under this Code or for a renewal of any permit or license, and who is at least 18 years of age but less than 26 years of age, must be registered in compliance with the requirements of the federal Military Selective Service Act. The Secretary of State must forward in an electronic format the necessary personal information regarding the applicants identified in this subsection (d) to the Selective Service System. The applicant's signature on the application serves as an indication that the applicant either has already registered with the Selective Service System or that he is authorizing the Secretary to forward to the Selective Service System the necessary information for registration. The Secretary must notify the applicant at the time of application that his signature constitutes consent to registration with the Selective Service System, if he is not already registered. (e) Beginning on or before July 1, 2015, for each original or renewal driver's license application under this Code, the Secretary shall inquire as to whether the applicant is a veteran for purposes of issuing a driver's license with a veteran designation under subsection (e-5) of Section 6-110 of this Code. The acceptable forms of proof shall include, but are not limited to, Department of Defense form DD-214, Department of Defense form DD-256 for applicants who did not receive a form DD-214 upon the completion of initial basic training, Department of Defense form DD-2 (Retired), an identification card issued under the federal Veterans Identification Card Act of 2015, or a United States Department of Veterans Affairs summary of benefits letter. If the document cannot be stamped, the Illinois Department of Veterans Affairs shall provide a certificate to the veteran to provide to the Secretary of State. The Illinois Department of Veterans Affairs shall advise the Secretary as to what other forms of proof of a person's status as a veteran are acceptable. For each applicant who is issued a driver's license with a veteran designation, the Secretary shall provide the Department of Veterans Affairs with the applicant's name, address, date of birth, gender and such other demographic information as agreed to by the Secretary and the Department. The Department may take steps necessary to confirm the applicant is a veteran. If after due diligence, including writing to the applicant at the address provided by the Secretary, the Department is unable to verify the applicant's veteran status, the Department shall inform the Secretary, who shall notify the applicant that he or she must confirm status as a veteran, or the driver's license will be canceled. For purposes of this subsection (e): "Armed forces" means any of the Armed Forces of the United States, including a member of any reserve component or National Guard unit. "Veteran" means a person who has served in the armed forces and was discharged or separated under honorable conditions. (f) An applicant who is eligible for Gold Star license plates under Section 3-664 of this Code may apply for an original or renewal driver's license with space for a designation as a Gold Star Family. The Secretary may waive any fee for this application. If the Secretary does not waive the fee, any fee charged to the applicant must be deposited into the Illinois Veterans Assistance Fund. The Secretary is authorized to issue rules to implement this subsection. (Source: P.A. 103-210, eff. 7-1-24; 103-933, eff. 1-1-25; 104-234, eff. 8-15-25; 104-443, eff. 1-1-26.) |
(625 ILCS 5/6-106.1) (Text of Section from P.A. 104-256) Sec. 6-106.1. School bus driver permit. (a) The Secretary of State shall issue a school bus driver permit for the operation of first or second division vehicles being operated as school buses, a permit valid only for the operation of first division vehicles being operated as school buses, or a school bus permit with a restriction valid for the operation of a first division vehicle being operated as a school bus or a multifunction school activity bus designed to carry up to 15 passengers, including the driver, when being used for curriculum-related activities as set forth in Section 11-1414.1 of this Code, to those applicants who have met all the requirements of the application and screening process under this Section to insure the welfare and safety of children who are transported on school buses throughout the State of Illinois. Applicants shall obtain the proper application required by the Secretary of State from their prospective or current employer and submit the completed application to the prospective or current employer along with the necessary fingerprint submission as required by the Illinois State Police to conduct fingerprint-based criminal background checks on current and future information available in the State system and current information available through the Federal Bureau of Investigation's system. Applicants who have completed the fingerprinting requirements shall not be subjected to the fingerprinting process when applying for subsequent permits or submitting proof of successful completion of the annual refresher course. Individuals who on July 1, 1995 (the effective date of Public Act 88-612) possess a valid school bus driver permit that has been previously issued by the appropriate Regional School Superintendent are not subject to the fingerprinting provisions of this Section as long as the permit remains valid and does not lapse. The applicant shall be required to pay all related application and fingerprinting fees as established by rule, including, but not limited to, the amounts established by the Illinois State Police and the Federal Bureau of Investigation to process fingerprint-based criminal background investigations. All fees paid for fingerprint processing services under this Section shall be deposited into the State Police Services Fund for the cost incurred in processing the fingerprint-based criminal background investigations. All other fees paid under this Section shall be deposited into the Road Fund for the purpose of defraying the costs of the Secretary of State in administering this Section. All applicants must: 1. be 21 years of age or older; 2. possess a valid and properly classified driver's | ||
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3. possess a valid driver's license, which has not | ||
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4. successfully pass a first division or second | ||
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5. demonstrate ability to exercise reasonable care in | ||
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6. demonstrate physical fitness to operate school | ||
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7. affirm under penalties of perjury that he or she | ||
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8. have completed an initial classroom course, | ||
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9. not have been under an order of court supervision | ||
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10. not have been under an order of court supervision | ||
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11. not have been convicted of committing or | ||
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12. not have been repeatedly involved as a driver in | ||
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13. not have, through the unlawful operation of a | ||
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14. not have, within the last 5 years, been adjudged | ||
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15. consent, in writing, to the release of results of | ||
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16. not have been convicted of committing or | ||
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(a-5) If an applicant's driver's license has been suspended within the 3 years immediately prior to the date of application for the sole reason of failure to pay child support, that suspension shall not bar the applicant from receiving a school bus driver permit. (a-10) By January 1, 2024, the Secretary of State, in conjunction with the Illinois State Board of Education, shall develop a separate classroom course and refresher course for operation of vehicles of the first division being operated as school buses. Regional superintendents of schools, working with the Illinois State Board of Education, shall offer the course. (b) A school bus driver permit shall be valid for a period specified by the Secretary of State as set forth by rule. It shall be renewable upon compliance with subsection (a) of this Section. (c) A school bus driver permit shall contain the holder's driver's license number, legal name, residence address, zip code, and date of birth, a brief description of the holder, and a space for signature. The Secretary of State may require a suitable photograph of the holder. (d) The employer shall be responsible for conducting a pre-employment interview with prospective school bus driver candidates, distributing school bus driver applications and medical forms to be completed by the applicant, and submitting the applicant's fingerprint cards to the Illinois State Police that are required for the criminal background investigations. The employer shall certify in writing to the Secretary of State that all pre-employment conditions have been successfully completed including the successful completion of an Illinois specific criminal background investigation through the Illinois State Police and the submission of necessary fingerprints to the Federal Bureau of Investigation for criminal history information available through the Federal Bureau of Investigation system. The applicant shall present the certification to the Secretary of State at the time of submitting the school bus driver permit application. (e) Permits shall initially be provisional upon receiving certification from the employer that all pre-employment conditions have been successfully completed, and upon successful completion of all training and examination requirements for the classification of the vehicle to be operated, the Secretary of State shall provisionally issue a School Bus Driver Permit. The permit shall remain in a provisional status pending the completion of the Federal Bureau of Investigation's criminal background investigation based upon fingerprinting specimens submitted to the Federal Bureau of Investigation by the Illinois State Police. The Federal Bureau of Investigation shall report the findings directly to the Secretary of State. The Secretary of State shall remove the bus driver permit from provisional status upon the applicant's successful completion of the Federal Bureau of Investigation's criminal background investigation. (f) A school bus driver permit holder shall notify the employer and the Secretary of State if he or she is issued an order of court supervision for or convicted in another state of an offense that would make him or her ineligible for a permit under subsection (a) of this Section. The written notification shall be made within 5 days of the entry of the order of court supervision or conviction. Failure of the permit holder to provide the notification is punishable as a petty offense for a first violation and a Class B misdemeanor for a second or subsequent violation. (g) Cancellation; suspension; notice and procedure. (1) The Secretary of State shall cancel a school bus | ||
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(2) The Secretary of State shall cancel a school bus | ||
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(3) The Secretary of State shall cancel a school bus | ||
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(4) The Secretary of State may not issue a school bus | ||
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(5) The Secretary of State shall forthwith suspend a | ||
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(6) The Secretary of State shall suspend a school bus | ||
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(7) The Secretary of State shall suspend a school bus | ||
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The Secretary of State shall notify the State Superintendent of Education and the permit holder's prospective or current employer that the applicant (1) has failed a criminal background investigation or (2) is no longer eligible for a school bus driver permit; and of the related cancellation of the applicant's provisional school bus driver permit. The cancellation shall remain in effect pending the outcome of a hearing pursuant to Section 2-118 of this Code. The scope of the hearing shall be limited to the issuance criteria contained in subsection (a) of this Section. A petition requesting a hearing shall be submitted to the Secretary of State and shall contain the reason the individual feels he or she is entitled to a school bus driver permit. The permit holder's employer shall notify in writing to the Secretary of State that the employer has certified the removal of the offending school bus driver from service prior to the start of that school bus driver's next work shift. An employing school board that fails to remove the offending school bus driver from service is subject to the penalties defined in Section 3-14.23 of the School Code. A school bus contractor who violates a provision of this Section is subject to the penalties defined in Section 6-106.11. All valid school bus driver permits issued under this Section prior to January 1, 1995, shall remain effective until their expiration date unless otherwise invalidated. (h) When a school bus driver permit holder who is a service member is called to active duty, the employer of the permit holder shall notify the Secretary of State, within 30 days of notification from the permit holder, that the permit holder has been called to active duty. Upon notification pursuant to this subsection, (i) the Secretary of State shall characterize the permit as inactive until a permit holder renews the permit as provided in subsection (i) of this Section, and (ii) if a permit holder fails to comply with the requirements of this Section while called to active duty, the Secretary of State shall not characterize the permit as invalid. (i) A school bus driver permit holder who is a service member returning from active duty must, within 90 days, renew a permit characterized as inactive pursuant to subsection (h) of this Section by complying with the renewal requirements of subsection (b) of this Section. (j) For purposes of subsections (h) and (i) of this Section: "Active duty" means active duty pursuant to an executive order of the President of the United States, an act of the Congress of the United States, or an order of the Governor. "Service member" means a member of the Armed Services or reserve forces of the United States or a member of the Illinois National Guard. (k) A private carrier employer of a school bus driver permit holder, having satisfied the employer requirements of this Section, shall be held to a standard of ordinary care for intentional acts committed in the course of employment by the bus driver permit holder. This subsection (k) shall in no way limit the liability of the private carrier employer for violation of any provision of this Section or for the negligent hiring or retention of a school bus driver permit holder. (l) The Secretary may adopt rules to implement this Section. (Source: P.A. 103-605, eff. 7-1-24; 103-825, eff. 1-1-25; 104-256, eff. 7-1-26.) (Text of Section from P.A. 104-260) Sec. 6-106.1. School bus driver permit. (a) The Secretary of State shall issue a school bus driver permit for the operation of first or second division vehicles being operated as school buses or a permit valid only for the operation of first division vehicles being operated as school buses to those applicants who have met all the requirements of the application and screening process under this Section to insure the welfare and safety of children who are transported on school buses throughout the State of Illinois. Applicants shall obtain the proper application required by the Secretary of State from their prospective or current employer and submit the completed application to the prospective or current employer along with the necessary fingerprint submission as required by the Illinois State Police to conduct fingerprint-based criminal background checks on current and future information available in the State system and current information available through the Federal Bureau of Investigation's system. Applicants who have completed the fingerprinting requirements shall not be subjected to the fingerprinting process when applying for subsequent permits or submitting proof of successful completion of the annual refresher course. Individuals who on July 1, 1995 (the effective date of Public Act 88-612) possess a valid school bus driver permit that has been previously issued by the appropriate Regional School Superintendent are not subject to the fingerprinting provisions of this Section as long as the permit remains valid and does not lapse. The applicant shall be required to pay all related application and fingerprinting fees as established by rule, including, but not limited to, the amounts established by the Illinois State Police and the Federal Bureau of Investigation to process fingerprint-based criminal background investigations. All fees paid for fingerprint processing services under this Section shall be deposited into the State Police Services Fund for the cost incurred in processing the fingerprint-based criminal background investigations. All other fees paid under this Section shall be deposited into the Road Fund for the purpose of defraying the costs of the Secretary of State in administering this Section. All applicants must: 1. be 21 years of age or older; 2. possess a valid and properly classified driver's | ||
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3. possess a valid driver's license, which has not | ||
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4. unless the applicant holds a valid commercial | ||
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5. demonstrate ability to exercise reasonable care in | ||
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6. demonstrate physical fitness to operate school | ||
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7. affirm under penalties of perjury that he or she | ||
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8. have completed an initial classroom course, | ||
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9. not have been under an order of court supervision | ||
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10. not have been under an order of court supervision | ||
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11. not have been convicted of committing or | ||
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12. not have been repeatedly involved as a driver in | ||
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13. not have, through the unlawful operation of a | ||
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14. not have, within the last 5 years, been adjudged | ||
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15. consent, in writing, to the release of results of | ||
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16. not have been convicted of committing or | ||
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(a-5) If an applicant's driver's license has been suspended within the 3 years immediately prior to the date of application for the sole reason of failure to pay child support, that suspension shall not bar the applicant from receiving a school bus driver permit. (a-10) By January 1, 2024, the Secretary of State, in conjunction with the Illinois State Board of Education, shall develop a separate classroom course and refresher course for operation of vehicles of the first division being operated as school buses. Regional superintendents of schools, working with the Illinois State Board of Education, shall offer the course. (b) A school bus driver permit shall be valid for a period specified by the Secretary of State as set forth by rule. It shall be renewable upon compliance with subsection (a) of this Section. (c) A school bus driver permit shall contain the holder's driver's license number, legal name, residence address, zip code, and date of birth, a brief description of the holder, and a space for signature. The Secretary of State may require a suitable photograph of the holder. (d) The employer shall be responsible for conducting a pre-employment interview with prospective school bus driver candidates, distributing school bus driver applications and medical forms to be completed by the applicant, and submitting the applicant's fingerprint cards to the Illinois State Police that are required for the criminal background investigations. The employer shall certify in writing to the Secretary of State that all pre-employment conditions have been successfully completed including the successful completion of an Illinois specific criminal background investigation through the Illinois State Police and the submission of necessary fingerprints to the Federal Bureau of Investigation for criminal history information available through the Federal Bureau of Investigation system. The applicant shall present the certification to the Secretary of State at the time of submitting the school bus driver permit application. (e) Permits shall initially be provisional upon receiving certification from the employer that all pre-employment conditions have been successfully completed, and upon successful completion of all training and examination requirements for the classification of the vehicle to be operated, the Secretary of State shall provisionally issue a School Bus Driver Permit. The permit shall remain in a provisional status pending the completion of the Federal Bureau of Investigation's criminal background investigation based upon fingerprinting specimens submitted to the Federal Bureau of Investigation by the Illinois State Police. The Federal Bureau of Investigation shall report the findings directly to the Secretary of State. The Secretary of State shall remove the bus driver permit from provisional status upon the applicant's successful completion of the Federal Bureau of Investigation's criminal background investigation. (f) A school bus driver permit holder shall notify the employer and the Secretary of State if he or she is issued an order of court supervision for or convicted in another state of an offense that would make him or her ineligible for a permit under subsection (a) of this Section. The written notification shall be made within 5 days of the entry of the order of court supervision or conviction. Failure of the permit holder to provide the notification is punishable as a petty offense for a first violation and a Class B misdemeanor for a second or subsequent violation. (g) Cancellation; suspension; notice and procedure. (1) The Secretary of State shall cancel a school bus | ||
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(2) The Secretary of State shall cancel a school bus | ||
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(3) The Secretary of State shall cancel a school bus | ||
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(4) The Secretary of State may not issue a school bus | ||
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(5) The Secretary of State shall forthwith suspend a | ||
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(6) The Secretary of State shall suspend a school bus | ||
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(7) The Secretary of State shall suspend a school bus | ||
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The Secretary of State shall notify the State Superintendent of Education and the permit holder's prospective or current employer that the applicant (1) has failed a criminal background investigation or (2) is no longer eligible for a school bus driver permit; and of the related cancellation of the applicant's provisional school bus driver permit. The cancellation shall remain in effect pending the outcome of a hearing pursuant to Section 2-118 of this Code. The scope of the hearing shall be limited to the issuance criteria contained in subsection (a) of this Section. A petition requesting a hearing shall be submitted to the Secretary of State and shall contain the reason the individual feels he or she is entitled to a school bus driver permit. The permit holder's employer shall notify in writing to the Secretary of State that the employer has certified the removal of the offending school bus driver from service prior to the start of that school bus driver's next work shift. An employing school board that fails to remove the offending school bus driver from service is subject to the penalties defined in Section 3-14.23 of the School Code. A school bus contractor who violates a provision of this Section is subject to the penalties defined in Section 6-106.11. All valid school bus driver permits issued under this Section prior to January 1, 1995, shall remain effective until their expiration date unless otherwise invalidated. (h) When a school bus driver permit holder who is a service member is called to active duty, the employer of the permit holder shall notify the Secretary of State, within 30 days of notification from the permit holder, that the permit holder has been called to active duty. Upon notification pursuant to this subsection, (i) the Secretary of State shall characterize the permit as inactive until a permit holder renews the permit as provided in subsection (i) of this Section, and (ii) if a permit holder fails to comply with the requirements of this Section while called to active duty, the Secretary of State shall not characterize the permit as invalid. (i) A school bus driver permit holder who is a service member returning from active duty must, within 90 days, renew a permit characterized as inactive pursuant to subsection (h) of this Section by complying with the renewal requirements of subsection (b) of this Section. (j) For purposes of subsections (h) and (i) of this Section: "Active duty" means active duty pursuant to an executive order of the President of the United States, an act of the Congress of the United States, or an order of the Governor. "Service member" means a member of the Armed Services or reserve forces of the United States or a member of the Illinois National Guard. (k) A private carrier employer of a school bus driver permit holder, having satisfied the employer requirements of this Section, shall be held to a standard of ordinary care for intentional acts committed in the course of employment by the bus driver permit holder. This subsection (k) shall in no way limit the liability of the private carrier employer for violation of any provision of this Section or for the negligent hiring or retention of a school bus driver permit holder. (Source: P.A. 103-605, eff. 7-1-24; 103-825, eff. 1-1-25; 104-260, eff. 8-15-25.) |
(625 ILCS 5/6-106.1a)
Sec. 6-106.1a. Cancellation of school bus driver permit; trace of alcohol.
(a) A person who has been issued a school bus driver permit by the Secretary
of State in accordance with Section 6-106.1 of this Code and who drives or is
in actual physical control of a school bus
or any other vehicle owned or operated by or for a public or private
school, or a school operated by a religious institution, when the vehicle is
being used over a regularly scheduled route for the transportation of persons
enrolled as students in grade 12 or below, in connection with any activity of
the entities listed, upon the public highways of this State shall be
deemed to have given consent to a chemical test or tests of blood, breath, other bodily substance, or
urine for the purpose of determining the alcohol content of the person's blood
if arrested, as evidenced
by the issuance of a Uniform Traffic Ticket for any violation of this
Code or a similar provision of a local ordinance, if a police officer
has probable cause to believe that the driver has consumed any amount of an
alcoholic beverage based upon evidence of the driver's physical condition
or other first hand knowledge of the police officer. The test or tests shall
be administered at the direction of the arresting officer. The law enforcement
agency employing the officer shall designate which of the aforesaid tests shall
be administered. A urine or other bodily substance test may be administered even after a blood or breath
test or both has been administered.
(b) A person who is dead, unconscious, or who is otherwise in a condition
rendering that person incapable of refusal, shall be deemed not to have
withdrawn the consent provided by paragraph (a) of this Section and the test or
tests may be administered subject to the following provisions:
(1) Chemical analysis of the person's blood, urine, | ||
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(2) When a person submits to a blood test at the | ||
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(3) The person tested may have a physician, qualified | ||
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(4) Upon a request of the person who submits to a | ||
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(5) Alcohol concentration means either grams of | ||
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(6) If a driver is receiving medical treatment as a | ||
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(c) A person requested to submit to a test as provided in this Section shall
be warned
by the law enforcement officer requesting the test that a refusal to submit to
the test, or
submission to the test resulting in an alcohol concentration of more than 0.00,
may result
in the loss of that person's privilege to possess a school bus driver
permit. The loss of the individual's privilege to possess a school bus driver
permit shall be imposed in accordance with Section 6-106.1b of this Code. A person requested to submit to a test under this Section shall also acknowledge, in writing, receipt of the warning required under this subsection (c). If the person refuses to acknowledge receipt of the warning, the law enforcement officer shall make a written notation on the warning that the person refused to sign the warning. A person's refusal to sign the warning shall not be evidence that the person was not read the warning.
(d) If the person refuses testing or submits to a test that discloses an
alcohol concentration of more than 0.00, the law enforcement officer shall
immediately submit a sworn report to the Secretary of State on a form
prescribed by the Secretary of State certifying that the test or tests were
requested under subsection (a) and the person refused to submit to a test or
tests or submitted to testing which disclosed an alcohol concentration of more
than 0.00. The law enforcement officer shall submit the same sworn report when
a person who has been issued a school bus driver permit and who was operating a
school bus or any other vehicle owned
or operated by or for a public or private school, or a school operated by a
religious institution, when the vehicle is being used over a regularly
scheduled route for the transportation of persons enrolled as students in grade
12 or below, in connection with
any activity of the entities listed, submits to testing under Section 11-501.1
of this Code and the testing discloses an alcohol concentration of more than
0.00 and less than the alcohol concentration at which driving or being in
actual physical control of a motor vehicle is prohibited under paragraph (1) of
subsection (a) of Section 11-501.
Upon receipt of the sworn report of a law enforcement officer, the Secretary
of State shall enter the school bus driver permit sanction on the
individual's driving record and the sanction shall be effective on the
46th day following the date notice of the sanction was given to the person.
The law enforcement officer submitting the sworn report shall serve immediate
notice of this school bus driver permit sanction on the person and the sanction
shall be effective on the 46th day following the date notice was given.
In cases where the blood alcohol concentration of more than 0.00 is
established by a subsequent analysis of blood, other bodily substance, or urine, the police officer or
arresting agency shall give notice as provided in this Section or by deposit in
the United States mail of that notice in an envelope with postage prepaid and
addressed to that person at his or her last known address and the loss of the
school
bus driver permit shall be effective on the 46th day following the date notice
was given.
Upon receipt of the sworn report of a law enforcement officer, the Secretary
of State shall also give notice of the school bus driver permit sanction to the
driver and the driver's current employer by mailing a notice of the effective
date of the sanction to the individual. However, shall the sworn report be
defective by not containing sufficient information or be completed in error,
the notice of the school bus driver permit sanction may not be mailed to the
person or his current employer or entered to the driving record,
but rather the sworn report shall be returned to the issuing law enforcement
agency.
(e) A driver may contest this school bus driver permit sanction by
requesting an administrative hearing with the Secretary of State in accordance
with Section 2-118 of this Code. An individual whose blood alcohol
concentration is shown to be more than 0.00 is not subject to this Section if
he or she consumed alcohol in the performance of a religious service or
ceremony. An individual whose blood alcohol concentration is shown to be more
than 0.00 shall not be subject to this Section if the individual's blood
alcohol concentration resulted only from ingestion of the prescribed or
recommended dosage of medicine that contained alcohol. The petition for that
hearing shall not stay or delay the effective date of the impending suspension.
The scope of this hearing shall be limited to the issues of:
(1) whether the police officer had probable cause to | ||
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(2) whether the person was issued a Uniform Traffic | ||
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(3) whether the police officer had probable cause to | ||
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(4) whether the person, after being advised by the | ||
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(5) whether the person, after being advised by the | ||
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(6) whether the test result of an alcohol | ||
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(7) whether the test result of an alcohol | ||
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The Secretary of State may adopt administrative rules setting forth
circumstances under which the holder of a school bus driver permit is not
required to
appear in
person at the hearing.
Provided that the petitioner may subpoena the officer, the hearing may be
conducted upon a review of the law enforcement officer's own official
reports. Failure of the officer to answer the subpoena shall be grounds for a
continuance if, in the hearing officer's discretion, the continuance is
appropriate. At the conclusion of the hearing held under Section 2-118 of this
Code, the Secretary of State may rescind, continue, or modify
the school bus driver permit sanction.
(f) The results of any chemical testing performed in accordance with
subsection (a) of this Section are not admissible in any civil or criminal
proceeding, except that the results
of the testing may be considered at a hearing held under Section 2-118 of this
Code. However, the results of the testing may not be used to impose
driver's license sanctions under Section 11-501.1 of this Code. A law
enforcement officer may, however, pursue a statutory summary suspension or revocation of
driving privileges under Section 11-501.1 of this Code if other physical
evidence or first hand knowledge forms the basis of that suspension or revocation.
(g) This Section applies only to drivers who have been issued a school bus
driver permit in accordance with Section 6-106.1 of this Code at the time of
the issuance of the Uniform Traffic Ticket for a violation of this
Code or a similar provision of a local ordinance, and a chemical test
request is made under this Section.
(h) The action of the Secretary of State in suspending, revoking, canceling,
or denying any license, permit, registration, or certificate of title shall be
subject to judicial review in the Circuit Court of Sangamon County or in the
Circuit Court of Cook County, and the provisions of the Administrative Review
Law and its rules are hereby adopted and shall apply to and govern every
action for the judicial review of final acts or decisions of the Secretary of
State under this Section.
(Source: P.A. 102-538, eff. 8-20-21; 102-982, eff. 7-1-23.)
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(625 ILCS 5/6-106.1b)
Sec. 6-106.1b.
Loss of school bus driver permit privileges; failure or
refusal to submit to chemical testing.
Unless the loss of school bus driver permit privileges based upon
consumption of alcohol by an individual who has been issued a school bus driver
permit in accordance with Section 6-106.1 of this Code or refusal to submit to
testing has been
rescinded by the Secretary of State in accordance with subsection (c) of
Section
6-206 of
this Code, a person whose privilege to possess a school bus driver permit has
been canceled under Section 6-106.1a is not eligible for restoration of the
privilege until the expiration of
3 years from the effective date of the cancellation for a person
who has refused or failed to complete a test or tests to determine blood
alcohol concentration or has submitted to testing with a blood alcohol
concentration of more than 0.00.
(Source: P.A. 90-107, eff. 1-1-98; 91-124, eff. 7-16-99.)
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(625 ILCS 5/6-106.1c) Sec. 6-106.1c. Reasonable suspicion drug and alcohol testing of school bus driver permit holders. (a) An employer of a school bus driver permit holder who holds a commercial driver's license and who works for the employer as a school bus driver and is therefore subject to 49 CFR 382.307 shall notify the Secretary of State, in a manner and form prescribed by the Secretary, of the result of a reasonable suspicion test when: (i) the test indicates an alcohol concentration greater than 0.00; (ii) the test indicates a positive result on a National Institute on Drug Abuse five-drug panel utilizing the federal standards set forth in 49 CFR 40.87; or (iii) when a driver refuses testing. The notification to the Secretary must be submitted within 48 hours of the refusal of testing or the employer's receipt of the test results. (b) Employers of school bus driver permit holders who do not hold commercial driver's licenses and school bus driver permit holders who do not hold commercial driver's licenses are hereby made subject to 49 CFR 382.307 regarding reasonable suspicion testing, which must be done in conformance with 49 CFR Parts 40 and 382, except that the test results shall not be reported to the employer utilizing the Federal Drug Testing Custody and Control Form or the U.S. Department of Transportation Alcohol Testing Form, but shall be reported to the employer in a manner and form approved by the Secretary. The employer shall notify the Secretary, in a manner and form prescribed by the Secretary, of the result of a reasonable suspicion test when: (i) the test indicates an alcohol concentration greater than 0.00; (ii) the test indicates a positive result on a National Institute on Drug Abuse five-drug panel utilizing the federal standards set forth in 49 CFR 40.87; or (iii) when a driver refuses testing. The notification to the Secretary must be submitted within 48 hours of the refusal of testing or the employer's receipt of the test results. (c) The Secretary of State may adopt rules to implement this Section. (d) The cost of a reasonable suspicion test shall be the responsibility of the employer, unless otherwise provided by contract or a collective bargaining agreement.
(Source: P.A. 97-466, eff. 1-1-12.) |
(625 ILCS 5/6-106.2) (from Ch. 95 1/2, par. 6-106.2)
Sec. 6-106.2. Religious organization bus driver. A religious
organization bus driver shall meet the following requirements:
1. is 21 years of age or older;
2. has a valid and properly classified driver's | ||
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3. has held a valid driver's license, not | ||
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4. has demonstrated an ability to exercise | ||
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5. has not been convicted of any of the following | ||
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(Source: P.A. 102-982, eff. 7-1-23.)
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(625 ILCS 5/6-106.3) (from Ch. 95 1/2, par. 6-106.3)
Sec. 6-106.3. Senior citizen transportation - driver. A driver of a
vehicle operated solely for the purpose of providing transportation for
the elderly in connection with the activities of any public or private
organization
shall meet the following requirements:
(1) is 21 years of age or older;
(2) has a valid and properly classified driver's | ||
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(3) has had a valid driver's license, not necessarily | ||
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(4) has demonstrated his ability to exercise | ||
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(5) has not been convicted of any of the following | ||
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(Source: P.A. 102-982, eff. 7-1-23.)
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(625 ILCS 5/6-106.4) (from Ch. 95 1/2, par. 6-106.4)
Sec. 6-106.4. For-profit ridesharing arrangement - driver. No person
may drive a commuter van while it is being used for a for-profit ridesharing
arrangement unless such person:
(1) is 21 years of age or older;
(2) has a valid and properly classified driver's | ||
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(3) has held a valid driver's license, not | ||
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(4) has demonstrated his ability to exercise | ||
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(5) has not been convicted of any of the following | ||
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(Source: P.A. 102-982, eff. 7-1-23.)
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(625 ILCS 5/6-106.11) (from Ch. 95 1/2, par. 6-106.11)
(Text of Section from P.A. 97-224)
Sec. 6-106.11.
(a) Any individual, corporation, partnership or association,
who through contractual arrangements with a school district transports
students, teachers or other personnel of that district for compensation, shall not
permit any person to operate a school bus or any first division vehicle including taxis when used for a purpose that requires a school bus driver permit pursuant to that contract if the
driver has not complied with the provisions of Sections 6-106.1 of this
Code or such other rules or regulations that the Secretary of State may
prescribe for the classification, restriction or licensing of school bus driver permit holders.
(a-5) Any individual, corporation, partnership, association, or entity that has a contractual arrangement referred to in subsection (a) of this Section must provide the school district with (i) the names of all drivers who will be operating a vehicle requiring a school bus driver permit pursuant to the contract with the school district; and (ii) a copy of each driver's school bus driver permit. Upon notification by the Secretary of State to the employer of the school bus driver permit holder that an employee's school bus driver permit has been suspended or cancelled, the employer must notify the school district of the suspension or cancellation within 2 business days. (a-10) An individual, corporation, partnership, association, or entity that has a contractual arrangement referred to in subsection (a) of this Section may not: (i) utilize a vehicle in the performance of the | ||
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(ii) allow smoking in a vehicle while the vehicle is | ||
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(b) A violation of this Section is a business offense and shall subject
the offender to a fine of no less than $1,000 nor more than $10,000 for
a first offense, no less than $1,500 nor more than $15,000 for a second
offense, and no less than $2,000 nor more than $20,000 for a third or
subsequent offense. In addition to any fines imposed under this subsection, any offender
who has been convicted three times under the provisions of subsection (a)
shall, upon a fourth or subsequent conviction be prohibited from transporting
or contracting to transport students, teachers or other personnel of a school
district for a period of five years beginning with the date of conviction
of such fourth or subsequent conviction.
(Source: P.A. 97-224, eff. 7-28-11.)
(Text of Section from P.A. 97-229)
Sec. 6-106.11.
(a) Any individual, corporation, partnership or association,
who through contractual arrangements with a school district transports
students, teachers or other personnel of that district for compensation, shall not
permit any person to operate a school bus or any other motor vehicle requiring a school bus driver permit pursuant to that contract if the
driver has not complied with the provisions of Sections 6-106.1 of this
Code or such other rules or regulations that the Secretary of State may
prescribe for the classification, restriction or licensing of the school bus driver permit holder.
(b) A violation of this Section is a business offense and shall subject
the offender to a fine of no less than $1,000 nor more than $10,000 for
a first offense, no less than $1,500 nor more than $15,000 for a second
offense, and no less than $2,000 nor more than $20,000 for a third or
subsequent offense. In addition to any fines imposed under this subsection, any offender
who has been convicted three times under the provisions of subsection (a)
shall, upon a fourth or subsequent conviction be prohibited from transporting
or contracting to transport students, teachers or other personnel of a school
district for a period of five years beginning with the date of conviction
of such fourth or subsequent conviction.
(Source: P.A. 97-229, eff. 7-28-11.)
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(625 ILCS 5/6-106.12) Sec. 6-106.12. Contracts requiring school bus driver permits. (a) No school district that contracts with any individual, corporation, partnership, association, or other entity to transport students, teachers, or other personnel of that district for compensation shall permit any person to operate a vehicle that requires a school bus driver permit pursuant to that contract if the driver has not complied with the provisions of Section 6-106.1 of this Code and other administrative rules governing the classification, restriction, or licensing of persons required to hold a school bus driver permit. (b) A school district that has a contract of the type described in subsection (a) of this Section shall maintain a copy of the school bus driver permit of any person operating a vehicle that requires a school bus permit.
(Source: P.A. 97-224, eff. 7-28-11.) |
(625 ILCS 5/6-107)
Sec. 6-107. Graduated license.
(a) The purpose of the Graduated
Licensing Program is to develop safe and mature driving habits in young,
inexperienced drivers and reduce or prevent motor vehicle crashes,
fatalities,
and injuries by:
(1) providing for an increase in the time of practice | ||
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(2) strengthening driver licensing and testing | ||
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(3) sanctioning driving privileges of drivers under | ||
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(4) setting stricter standards to promote the | ||
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(b) The application of any person under
the age of 18 years, and not legally emancipated, for a driver's
license or permit to operate a motor vehicle issued under the laws of this
State, shall be accompanied by the written consent of either parent of the
applicant; otherwise by the guardian having custody of the applicant, or
in the event there is no parent or guardian, then by another responsible adult. The written consent must accompany any application for a driver's license under this subsection (b), regardless of whether or not the required written consent also accompanied the person's previous application for an instruction permit.
No graduated driver's license shall be issued to any applicant under 18
years
of age, unless the applicant is at least 16 years of age and has:
(1) Held a valid instruction permit for a minimum of | ||
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(2) Passed an approved driver education course and | ||
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(3) Certification by the parent, legal guardian, or | ||
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(b-1) No graduated
driver's license shall be issued to any applicant who is under 18 years of age
and not legally emancipated, unless the applicant has graduated
from a secondary school of this State or any other state, is enrolled in a
course leading to a State of Illinois High School Diploma, has
obtained a State of Illinois High School Diploma, is enrolled in an elementary or secondary school or college or university
of this State or any other state and is not a chronic or habitual truant as provided in Section 26-2a of the School Code, or is receiving home instruction and submits proof of meeting any of those
requirements at the time of application.
An applicant under 18 years of age who provides proof acceptable to the Secretary that the applicant has resumed regular school attendance or home instruction or that his or her application was denied in error shall be eligible to receive a graduated license if other requirements are met. The Secretary shall adopt rules for implementing this subsection (b-1).
(c) No graduated driver's license or permit shall be issued to
any applicant under 18
years of age who has committed the offense of operating a motor vehicle
without a valid license or permit in violation of Section 6-101 of this Code
or a similar out of state offense and no graduated driver's
license or permit shall be issued to any applicant under 18 years of age
who has committed an offense that would otherwise result in a
mandatory revocation of a license or permit as provided in Section 6-205 of
this Code or who has been either convicted of or adjudicated a delinquent based
upon a violation of the Cannabis Control Act, the Illinois Controlled
Substances Act, the Use of Intoxicating Compounds Act, or the Methamphetamine Control and Community Protection Act while that individual was in actual physical control of a motor
vehicle. For purposes of this Section, any person placed on probation under
Section 10 of the Cannabis Control Act, Section 410 of the Illinois
Controlled Substances Act, or Section 70 of the Methamphetamine Control and Community Protection Act shall not be considered convicted. Any person found
guilty of such an offense, while in actual physical control of a motor vehicle,
shall have an entry made in the court record by the judge that the offense did
occur while the person was in actual physical control of a motor vehicle and
order the clerk of the court to report the violation to the Secretary of State
as such.
(d) No graduated driver's license shall be issued for 9 months to any
applicant
under
the
age of 18 years who has committed and subsequently been convicted of an offense against traffic regulations governing the movement of vehicles, any violation of this Section or Section 12-603.1 of this Code, or who has received a disposition of court supervision for a violation of Section 6-20 of the Illinois Liquor Control Act of 1934 or a similar provision of a local ordinance.
(e) No graduated driver's license holder under the age
of 18 years shall operate any
motor vehicle, except a motor driven cycle or motorcycle, with
more than one passenger in the front seat of the motor vehicle
and no more passengers in the back seats than the number of available seat
safety belts as set forth in Section 12-603 of this Code. If a graduated driver's license holder over the age of 18 committed an offense against traffic regulations governing the movement of vehicles or any violation of this Section or Section 12-603.1 of this Code in the 6 months prior to the graduated driver's license holder's 18th birthday, and was subsequently convicted of the violation, the provisions of this paragraph shall continue to apply until such time as a period of 6 consecutive months has elapsed without an additional violation and subsequent conviction of an offense against traffic regulations governing the movement of vehicles or any violation of this Section or Section 12-603.1 of this Code.
(f) (Blank).
(g) If a graduated driver's license holder is under the age of 18 when he
or she receives the license, for the first 12 months he or she holds the license
or
until he or she reaches the age of 18, whichever occurs sooner, the graduated
license
holder may not operate a motor vehicle with more than one passenger in the
vehicle
who is under the age of 20, unless any additional passenger or passengers are
siblings, step-siblings, children, or stepchildren of the driver. If a graduated driver's license holder committed an offense against traffic regulations governing the movement of vehicles or any violation of this Section or Section 12-603.1 of this Code during the first 12 months the license is held and subsequently is convicted of the violation, the provisions of this paragraph shall remain in effect until such time as a period of 6 consecutive months has elapsed without an additional violation and subsequent conviction of an offense against traffic regulations governing the movement of vehicles or any violation of this Section or Section 12-603.1 of this Code.
(h) It shall be an offense for a person that is age 15, but under age 20, to be a passenger in a vehicle operated by a driver holding a graduated driver's license during the first 12 months the driver holds the license or until the driver reaches the age of 18, whichever occurs sooner, if another passenger under the age of 20 is present, excluding a sibling, step-sibling, child, or step-child of the driver.
(i) No graduated driver's license shall be issued to any applicant under the age of 18 years if the applicant has been issued a traffic citation for which a disposition has not been rendered at the time of application. (Source: P.A. 102-982, eff. 7-1-23; 102-1100, eff. 1-1-23; 103-154, eff. 6-30-23.) |
(625 ILCS 5/6-107.1) Sec. 6-107.1. Instruction permit for a minor. (a) The Secretary of State, upon
receiving proper application and payment of the required fee, may issue an
instruction permit to any person under the age of 18 years who is
not ineligible for a license under paragraphs 1, 3, 4, 5, 7, or 8 of Section
6-103, after the applicant has successfully passed such examination as the
Secretary of State in his discretion may prescribe. (1) An instruction permit issued under this Section | ||
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(2) A 24 month instruction permit for a motor driven | ||
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(3) A 24 month instruction permit for a motorcycle | ||
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(b) An instruction permit issued under this Section when issued to a person
under the
age of 18 years shall, as a matter of law, be invalid for the operation of any
motor
vehicle during the following times:
(1) Between 11:00 p.m. Friday and 6:00 a.m. Saturday;
(2) Between 11:00 p.m. Saturday and 6:00 a.m. on | ||
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(3) Between 10:00 p.m. on Sunday to Thursday, | ||
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The instruction permit of a person under the age of 18 shall not be invalid as described in paragraph (b) of this Section if the instruction permit holder under the age of 18 was: (1) accompanied by the minor's parent or guardian or | ||
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(2) on an errand at the direction of the minor's | ||
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(3) in a motor vehicle involved in interstate travel; (4) going to or returning home from an employment | ||
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(5) involved in an emergency; (6) going to or returning home from, without any | ||
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(7) exercising First Amendment rights protected by | ||
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(8) married or had been married or is an emancipated | ||
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(b-1) No instruction permit shall be issued to any applicant who is under the age of 18 years and who has been certified to be a chronic or habitual truant, as defined in Section 26-2a of the School Code. An applicant under the age of 18 years who provides proof that he or she has resumed regular school attendance or that his or her application was denied in error shall be eligible to receive an instruction permit if other requirements are met. The Secretary shall adopt rules for implementing this subsection (b-1).
(c) Any person under the age of 16 years who possesses an instruction permit
and
whose
driving privileges have been suspended or revoked under the provisions of this
Code shall not be granted a Family Financial Responsibility Driving Permit or a
Restricted Driving Permit.(Source: P.A. 95-310, eff. 1-1-08; 96-1237, eff. 1-1-11.) |
(625 ILCS 5/6-107.2)
Sec. 6-107.2.
Rules for graduated licenses.
The Secretary of State, using
the authority to
license
motor vehicle operators, may adopt such rules as may be necessary to establish
standards, policies, and procedures for graduated licenses.
(Source: P.A. 90-369, eff. 1-1-98.)
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(625 ILCS 5/6-107.3)
Sec. 6-107.3.
Distinct nature of driver's license dependent on age.
The
Secretary of State shall provide that each graduated
driver's license and each regular driver's license issued to individuals under
21 years of age shall be of a distinct nature from those driver's licenses
issued to individuals 21 years of age and older. The colors designated for the
graduated driver's license and regular driver's license shall be at the
discretion of the Secretary of State.
(Source: P.A. 90-369, eff. 1-1-98.)
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(625 ILCS 5/6-107.4) Sec. 6-107.4. Temporary driver's license; applicant under 18. The Secretary of State may issue a temporary driver's license to an applicant under the age of 18 permitting the operation of a motor vehicle when the Secretary of State is unable to produce a driver's license due to an equipment or computer program failure or lack of necessary equipment, if the applicant is not otherwise ineligible for a driver's license and has met all the requirements of Section 6-107. The temporary driver's license must be in the applicant's immediate possession while he or she is operating a motor vehicle. The temporary license is invalid if the applicant's driver's license has been issued or for good cause has been refused. The Secretary of State may issue this temporary driver's license for any appropriate period not exceeding 30 days.
(Source: P.A. 94-930, eff. 6-26-06.) |
(625 ILCS 5/6-107.5) Sec. 6-107.5. Adult Driver Education Course. (a) The Secretary shall establish by rule the curriculum and designate the materials to be used in an adult driver education course. The course shall be at least 6 hours in length and shall include instruction on traffic laws; highway signs, signals, and markings that regulate, warn, or direct traffic; issues commonly associated with motor vehicle crashes including poor decision-making, risk taking, impaired driving, distraction, speed, failure to use a safety belt, driving at night, failure to yield the right-of-way, texting while driving, using wireless communication devices, and alcohol and drug awareness; and instruction on law enforcement procedures during traffic stops, including actions that a motorist should take during a traffic stop and appropriate interactions with law enforcement officers. The curriculum shall not require the operation of a motor vehicle. (b) The Secretary shall certify course providers. The requirements to be a certified course provider, the process for applying for certification, and the procedure for decertifying a course provider shall be established by rule. (b-5) In order to qualify for certification as an adult driver education course provider, each applicant must authorize an investigation that includes a fingerprint-based background check to determine if the applicant has ever been convicted of a criminal offense and, if so, the disposition of any conviction. This authorization shall indicate the scope of the inquiry and the agencies that may be contacted. Upon receiving this authorization, the Secretary of State may request and receive information and assistance from any federal, State, or local governmental agency as part of the authorized investigation. Each applicant shall submit his or her fingerprints to the Illinois State Police in the form and manner prescribed by the Illinois State Police. These fingerprints shall be checked against fingerprint records now and hereafter filed in the Illinois State Police and Federal Bureau of Investigation criminal history record databases. The Illinois State Police shall charge applicants a fee for conducting the criminal history record check, which shall be deposited into the State Police Services Fund and shall not exceed the actual cost of the State and national criminal history record check. The Illinois State Police shall furnish, pursuant to positive identification, records of Illinois criminal convictions to the Secretary and shall forward the national criminal history record information to the Secretary. Applicants shall pay any other fingerprint-related fees. Unless otherwise prohibited by law, the information derived from the investigation, including the source of the information and any conclusions or recommendations derived from the information by the Secretary of State, shall be provided to the applicant upon request to the Secretary of State prior to any final action by the Secretary of State on the application. Any criminal conviction information obtained by the Secretary of State shall be confidential and may not be transmitted outside the Office of the Secretary of State, except as required by this subsection (b-5), and may not be transmitted to anyone within the Office of the Secretary of State except as needed for the purpose of evaluating the applicant. At any administrative hearing held under Section 2-118 of this Code relating to the denial, cancellation, suspension, or revocation of certification of an adult driver education course provider, the Secretary of State may utilize at that hearing any criminal history, criminal conviction, and disposition information obtained under this subsection (b-5). The information obtained from the investigation may be maintained by the Secretary of State or any agency to which the information was transmitted. Only information and standards which bear a reasonable and rational relation to the performance of providing adult driver education shall be used by the Secretary of State. Any employee of the Secretary of State who gives or causes to be given away any confidential information concerning any criminal convictions or disposition of criminal convictions of an applicant shall be guilty of a Class A misdemeanor unless release of the information is authorized by this Section. (c) The Secretary may permit a course provider to offer the course online, if the Secretary is satisfied the course provider has established adequate procedures for verifying: (1) the identity of the person taking the course | ||
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(2) the person completes the entire course. (d) The Secretary shall establish a method of electronic verification of a student's successful completion of the course. (e) The fee charged by the course provider must bear a reasonable relationship to the cost of the course. The Secretary shall post on the Secretary of State's website a list of approved course providers, the fees charged by the providers, and contact information for each provider. (f) In addition to any other fee charged by the course provider, the course provider shall collect a fee of $5 from each student to offset the costs incurred by the Secretary in administering this program. The $5 shall be submitted to the Secretary within 14 days of the day on which it was collected. All such fees received by the Secretary shall be deposited in the DMV Transformation Fund.(Source: P.A. 104-2, eff. 7-1-25.) |
(625 ILCS 5/6-108) (from Ch. 95 1/2, par. 6-108)
Sec. 6-108. Cancellation of license issued to minor.
(a) The Secretary of State shall cancel the license or permit of any minor
under the age of 18 years in any of the following events:
1. Upon the verified written request of the person | ||
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2. Upon receipt of satisfactory evidence of the death | ||
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3. Upon receipt of satisfactory evidence that the | ||
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4. Upon receipt of information, submitted on a form | ||
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A minor who provides proof acceptable to the | ||
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5. Upon determination by the Secretary that at the | ||
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After cancellation, the Secretary of State shall not issue a new
license or permit until the applicant meets the provisions of Section
6-107 of this Code.
(b) The Secretary of State shall cancel the license or permit of any
person under the age of 18 years if he or she is convicted of violating
the Cannabis Control Act, the Illinois
Controlled Substances Act, or the Methamphetamine Control and Community Protection Act while that person was in actual physical
control of a motor vehicle.
For purposes of this Section, any person placed on probation under Section
10 of the Cannabis Control Act, Section 410 of the Illinois Controlled
Substances Act, or Section 70 of the Methamphetamine Control and Community Protection Act shall not be considered convicted.
Any person found guilty of this offense,
while in actual physical control of a motor vehicle, shall have an entry
made in the court record by the judge that this offense did occur
while the person was in actual physical control of a motor vehicle and
order the clerk of the court to report the violation to the Secretary of
State as such. After the cancellation, the Secretary of State
shall not issue a new license or permit for a period of one year after the
date of cancellation or until the minor attains the age of 18 years,
whichever is longer.
However, upon application, the Secretary of State
may, if satisfied that the person applying will not endanger the public
safety, or welfare, issue a restricted driving permit granting the
privilege of driving a motor vehicle between the person's residence and
person's place of employment or within the scope of the person's employment related
duties, or to allow transportation for
the person or a household member of the person's family for the receipt of
necessary medical care or, if the professional evaluation indicates,
provide transportation for the petitioner for alcohol remedial or
rehabilitative activity, or for the person to attend classes, as a student,
in an accredited educational institution; if the person is able to
demonstrate that no alternative means of transportation is reasonably
available; provided that the Secretary's discretion shall be limited to
cases where undue hardship would result from a failure to issue such
restricted driving permit. In each case the Secretary of State may issue
a restricted driving permit for a period as he
deems appropriate,
except that the permit shall expire no later than 2 years from the date of
issuance. A restricted driving permit issued hereunder shall be subject to
cancellation, revocation, and suspension by the Secretary of State in like
manner and for like cause as a driver's license issued hereunder may be
cancelled, revoked, or suspended; except that a conviction upon one or more
offenses against laws or ordinances regulating the movement of traffic
shall be deemed sufficient cause for the revocation, suspension, or
cancellation of a restricted driving permit. The Secretary of State may,
as a condition to the issuance of a restricted driving permit, require the
applicant to participate in a driver remedial or rehabilitative
program.
Thereafter, upon reapplication for a license as
provided in Section 6-106 of this Code or a permit as provided in Section
6-105 of this Code and upon payment of the appropriate application fee, the
Secretary of State shall issue the applicant a license as provided in Section
6-106 of this Code or shall issue the applicant a permit as provided in Section 6-105.
(Source: P.A. 100-803, eff. 1-1-19.) |
(625 ILCS 5/6-108.1)
Sec. 6-108.1. Notice to Secretary; denial of license;
persons under 18.
(a) The State's Attorney must notify the Secretary of the
charges pending
against any person younger than 18 years of age who has been charged
with a violation of this Code, the Criminal Code of 2012, or the Criminal Code of 1961 arising out of a crash in
which the person was involved as a driver and that caused the death of or a
type A injury to another person. A "type A injury" includes severely bleeding
wounds, distorted extremities, and injuries that require the injured party to
be carried from the scene. The State's Attorney must notify the Secretary on a
form prescribed by the Secretary.
(b) The Secretary, upon receiving notification from the State's Attorney,
may
deny any driver's license to any person
younger than 18 years of age against whom the charges are pending.
(c) The State's Attorney must notify the Secretary of the final
disposition of the case of any person who has been denied a driver's license
under subsection (b).
(d) The Secretary must adopt rules for implementing this Section.
(Source: P.A. 102-982, eff. 7-1-23.)
|
(625 ILCS 5/6-109) (Text of Section from P.A. 104-169) Sec. 6-109. Examination of applicants. (a) The Secretary of State shall examine every applicant for a driver's license or permit who has not been previously licensed as a driver under the laws of this State or any other state or country, or any applicant for renewal of such driver's license or permit when such license or permit has been expired for more than one year. The Secretary of State shall, subject to the provisions of paragraph (c), examine every licensed driver at least every 8 years, and may examine or re-examine any other applicant or licensed driver, provided that during the years 1984 through 1991 those drivers issued a license for 3 years may be re-examined not less than every 7 years or more than every 10 years. The Secretary of State shall require the testing of the eyesight of any driver's license or permit applicant who has not been previously licensed as a driver under the laws of this State and shall promulgate rules and regulations to provide for the orderly administration of all the provisions of this Section. The Secretary of State shall include at least one test question that concerns the provisions of the Pedestrians with Disabilities Safety Act in the question pool used for the written portion of the driver's license examination within one year after July 22, 2010 (the effective date of Public Act 96-1167). The Secretary of State shall include, in the question pool used for the written portion of the driver's license examination, test questions concerning safe driving in the presence of bicycles, of which one may be concerning the Dutch Reach method as described in Section 2-112. The Secretary of State shall include, in the question pool used for the written portion of the driver's license examination, at least one test question concerning driver responsibilities when approaching a stationary emergency vehicle as described in Section 11-907. If an applicant gives an incorrect response to a test question concerning subsection (c) of Section 11-907, Section 11-907.5, or subsection (a-1) of Section 11-908, then the Secretary of State shall provide the applicant with information concerning those Sections. (b) Except as provided for those applicants in paragraph (c), such examination shall include a test of the applicant's eyesight, his or her ability to read and understand official traffic control devices, his or her knowledge of safe driving practices and the traffic laws of this State, and may include an actual demonstration of the applicant's ability to exercise ordinary and reasonable control of the operation of a motor vehicle, and such further physical and mental examination as the Secretary of State finds necessary to determine the applicant's fitness to operate a motor vehicle safely on the highways, except the examination of an applicant 75 years of age or older or, if the Secretary adopts rules under Section 37 of the Secretary of State Act to raise the age requirement for actual demonstrations, the examination of an applicant who has attained that increased age or is older shall include an actual demonstration of the applicant's ability to exercise ordinary and reasonable control of the operation of a motor vehicle. All portions of written and verbal examinations under this Section, excepting where the English language appears on facsimiles of road signs, may be given in the Spanish language and, at the discretion of the Secretary of State, in any other language as well as in English upon request of the examinee. Deaf persons who are otherwise qualified are not prohibited from being issued a license, other than a commercial driver's license, under this Code. (c) Re-examination for those applicants who at the time of renewing their driver's license possess a driving record devoid of any convictions of traffic violations or evidence of committing an offense for which mandatory revocation would be required upon conviction pursuant to Section 6-205 at the time of renewal shall be in a manner prescribed by the Secretary in order to determine an applicant's ability to safely operate a motor vehicle, except that every applicant for the renewal of a driver's license who is 79 years of age or older must renew in person, and every applicant for the renewal of a driver's license who is 87 years of age or older or who is 75 years of age or older and holds a commercial driver's license must prove, by an actual demonstration, the applicant's ability to exercise reasonable care in the safe operation of a motor vehicle. (d) In the event the applicant is not ineligible under the provisions of Section 6-103 to receive a driver's license, the Secretary of State shall make provision for giving an examination, either in the county where the applicant resides or at a place adjacent thereto reasonably convenient to the applicant, within not more than 30 days from the date said application is received. (e) The Secretary of State may adopt rules regarding the use of foreign language interpreters during the application and examination process. (Source: P.A. 103-140, eff. 6-30-23; 103-680, eff. 1-1-25; 104-169, eff. 7-1-26.) (Text of Section from P.A. 104-260) Sec. 6-109. Examination of applicants. (a) The Secretary of State shall examine every applicant for a driver's license or permit who has not been previously licensed as a driver under the laws of this State or any other state or country, or any applicant for renewal of such driver's license or permit when such license or permit has been expired for more than one year. The Secretary of State shall, subject to the provisions of paragraph (c), examine every licensed driver at least every 8 years, and may examine or re-examine any other applicant or licensed driver, provided that during the years 1984 through 1991 those drivers issued a license for 3 years may be re-examined not less than every 7 years or more than every 10 years. The Secretary of State shall require the testing of the eyesight of any driver's license or permit applicant who has not been previously licensed as a driver under the laws of this State and shall promulgate rules and regulations to provide for the orderly administration of all the provisions of this Section. The Secretary of State shall include at least one test question that concerns the provisions of the Pedestrians with Disabilities Safety Act in the question pool used for the written portion of the driver's license examination within one year after July 22, 2010 (the effective date of Public Act 96-1167). The Secretary of State shall include, in the question pool used for the written portion of the driver's license examination, test questions concerning safe driving in the presence of bicycles, of which one may be concerning the Dutch Reach method as described in Section 2-112. The Secretary of State shall include, in the question pool used for the written portion of the driver's license examination, at least one test question concerning driver responsibilities when approaching a stationary emergency vehicle as described in Section 11-907. If an applicant gives an incorrect response to a test question concerning subsection (c) of Section 11-907, Section 11-907.5, or subsection (a-1) of Section 11-908, then the Secretary of State shall provide the applicant with information concerning those Sections. (b) Except as provided for those applicants in paragraph (c), such examination shall include a test of the applicant's eyesight, his or her ability to read and understand official traffic control devices, his or her knowledge of safe driving practices and the traffic laws of this State, and may include an actual demonstration of the applicant's ability to exercise ordinary and reasonable control of the operation of a motor vehicle, and such further physical and mental examination as the Secretary of State finds necessary to determine the applicant's fitness to operate a motor vehicle safely on the highways, except the examination of an applicant 75 years of age or older or, if the Secretary adopts rules under Section 37 of the Secretary of State Act to raise the age requirement for actual demonstrations, the examination of an applicant who has attained that increased age or is older shall include an actual demonstration of the applicant's ability to exercise ordinary and reasonable control of the operation of a motor vehicle. All portions of written and verbal examinations under this Section, excepting where the English language appears on facsimiles of road signs, may be given in the Spanish language and, at the discretion of the Secretary of State, in any other language as well as in English upon request of the examinee. Deaf persons who are otherwise qualified are not prohibited from being issued a license, other than a commercial driver's license, under this Code. The examination to test an applicant's ability to read and understand official traffic control devices and knowledge of safe driving practices and the traffic laws of this State may be administered at a Secretary of State facility, remotely via the Internet, or in a manner otherwise specified by the Secretary of State by administrative rule. (c) Re-examination for those applicants who at the time of renewing their driver's license possess a driving record devoid of any convictions of traffic violations or evidence of committing an offense for which mandatory revocation would be required upon conviction pursuant to Section 6-205 at the time of renewal shall be in a manner prescribed by the Secretary in order to determine an applicant's ability to safely operate a motor vehicle, except that every applicant for the renewal of a driver's license who is 75 years of age or older or, if the Secretary adopts rules under Section 37 of the Secretary of State Act to raise the age requirement for actual demonstrations, every applicant for the renewal of a driver's license who has attained that increased age or is older must prove, by an actual demonstration, the applicant's ability to exercise reasonable care in the safe operation of a motor vehicle. (d) In the event the applicant is not ineligible under the provisions of Section 6-103 to receive a driver's license, the Secretary of State shall make provision for giving an examination, either in the county where the applicant resides or at a place adjacent thereto reasonably convenient to the applicant, within not more than 30 days from the date said application is received. (e) The Secretary of State may adopt rules regarding the use of foreign language interpreters during the application and examination process. (Source: P.A. 103-140, eff. 6-30-23; 103-680, eff. 1-1-25; 104-260, eff. 8-15-25.) |
(625 ILCS 5/6-110) (from Ch. 95 1/2, par. 6-110) (Text of Section from P.A. 104-41) Sec. 6-110. Licenses issued to drivers. (a) The Secretary of State shall issue to every qualifying applicant a driver's license as applied for, which license shall bear a distinguishing number assigned to the licensee, the legal name, signature, zip code, date of birth, residence address, and a brief description of the licensee. Licenses issued shall also indicate the classification and the restrictions under Section 6-104 of this Code. The Secretary may adopt rules to establish informational restrictions that can be placed on the driver's license regarding specific conditions of the licensee. A driver's license issued may, in the discretion of the Secretary, include a suitable photograph of a type prescribed by the Secretary. (a-1) If the licensee is less than 18 years of age, unless one of the exceptions in subsection (a-2) apply, the license shall, as a matter of law, be invalid for the operation of any motor vehicle during the following times: (A) Between 11:00 p.m. Friday and 6:00 a.m. Saturday; (B) Between 11:00 p.m. Saturday and 6:00 a.m. on | ||
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(C) Between 10:00 p.m. on Sunday to Thursday, | ||
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(a-2) The driver's license of a person under the age of 18 shall not be invalid as described in subsection (a-1) of this Section if the licensee under the age of 18 was: (1) accompanied by the licensee's parent or guardian | ||
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(2) on an errand at the direction of the minor's | ||
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(3) in a motor vehicle involved in interstate travel; (4) going to or returning home from an employment | ||
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(5) involved in an emergency; (6) going to or returning home from, without any | ||
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(7) exercising First Amendment rights protected by | ||
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(8) married or had been married or is an emancipated | ||
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(a-2.5) The driver's license of a person who is 17 years of age and has been licensed for at least 12 months is not invalid as described in subsection (a-1) of this Section while the licensee is participating as an assigned driver in a Safe Rides program that meets the following criteria: (1) the program is sponsored by the Boy Scouts of | ||
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(2) the sponsoring organization carries liability | ||
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(a-3) If a graduated driver's license holder over the age of 18 committed an offense against traffic regulations governing the movement of vehicles or any violation of Section 6-107 or Section 12-603.1 of this Code in the 6 months prior to the graduated driver's license holder's 18th birthday, and was subsequently convicted of the offense, the provisions of subsection (a-1) shall continue to apply until such time as a period of 6 consecutive months has elapsed without an additional violation and subsequent conviction of an offense against traffic regulations governing the movement of vehicles or Section 6-107 or Section 12-603.1 of this Code. (a-4) If an applicant for a driver's license or instruction permit has a current identification card issued by the Secretary of State, the Secretary may require the applicant to utilize the same residence address and name on the identification card, driver's license, and instruction permit records maintained by the Secretary. The Secretary may promulgate rules to implement this provision. (a-5) If an applicant for a driver's license is an employee of the Department of Children and Family Services with a job title of "Child Protection Specialist Trainee", "Child Protection Specialist", "Child Protection Advanced Specialist", "Child Welfare Specialist Trainee", "Child Welfare Specialist", or "Child Welfare Advanced Specialist" or a judicial officer or a peace officer, the applicant may elect to have his or her office or work address listed on the license instead of the applicant's residence or mailing address. The Secretary of State shall adopt rules to implement this subsection (a-5). For the purposes of this subsection (a-5), "peace officer" means any person who by virtue of his or her office or public employment is vested by law with a duty to maintain public order or to make arrests for a violation of any penal statute of this State, whether that duty extends to all violations or is limited to specific violations. (b) Until the Secretary of State establishes a First Person Consent organ and tissue donor registry under Section 6-117 of this Code, the Secretary of State shall provide a format on the reverse of each driver's license issued which the licensee may use to execute a document of gift conforming to the provisions of the Illinois Anatomical Gift Act. The format shall allow the licensee to indicate the gift intended, whether specific organs, any organ, or the entire body, and shall accommodate the signatures of the donor and 2 witnesses. The Secretary shall also inform each applicant or licensee of this format, describe the procedure for its execution, and may offer the necessary witnesses; provided that in so doing, the Secretary shall advise the applicant or licensee that he or she is under no compulsion to execute a document of gift. A brochure explaining this method of executing an anatomical gift document shall be given to each applicant or licensee. The brochure shall advise the applicant or licensee that he or she is under no compulsion to execute a document of gift, and that he or she may wish to consult with family, friends, or clergy before doing so. The Secretary of State may undertake additional efforts, including education and awareness activities, to promote organ and tissue donation. (c) The Secretary of State shall designate on each driver's license issued a space where the licensee may place a sticker or decal of the uniform size as the Secretary may specify, which sticker or decal may indicate in appropriate language that the owner of the license carries an Emergency Medical Information Card. The sticker may be provided by any person, hospital, school, medical group, or association interested in assisting in implementing the Emergency Medical Information Card, but shall meet the specifications as the Secretary may by rule or regulation require. (d) (Blank). (e) The Secretary of State shall provide that each original or renewal driver's license issued to a licensee under 21 years of age shall be of a distinct nature from those driver's licenses issued to individuals 21 years of age and older. The color designated for driver's licenses for licensees under 21 years of age shall be at the discretion of the Secretary of State. (e-1) The Secretary shall provide that each driver's license issued to a person under the age of 21 displays the date upon which the person becomes 18 years of age and the date upon which the person becomes 21 years of age. (e-3) The General Assembly recognizes the need to identify military veterans living in this State for the purpose of ensuring that they receive all of the services and benefits to which they are legally entitled, including health care, education assistance, and job placement. To assist the State in identifying these veterans and delivering these vital services and benefits, the Secretary of State is authorized to issue drivers' licenses with the word "veteran" appearing on the face of the licenses. This authorization is predicated on the unique status of veterans. The Secretary may not issue any other driver's license which identifies an occupation, status, affiliation, hobby, or other unique characteristics of the license holder which is unrelated to the purpose of the driver's license. (e-5) Beginning on or before July 1, 2015, the Secretary of State shall designate a space on each original or renewal driver's license where, at the request of the applicant, the word "veteran" shall be placed. The veteran designation shall be available to a person identified as a veteran under subsection (e) of Section 6-106 of this Code who was discharged or separated under honorable conditions. (e-7) Upon providing the required documentation, at the request of the applicant, the driver's license may reflect Gold Star Family designation. The Secretary shall designate a space on each original or renewal driver's license for such designation. This designation shall be available to a person eligible for Gold Star license plates under subsection (f) of Section 6-106 of this Code. (f) The Secretary of State shall inform all Illinois licensed commercial motor vehicle operators of the requirements of the Uniform Commercial Driver License Act, Article V of this Chapter, and shall make provisions to insure that all drivers, seeking to obtain a commercial driver's license, be afforded an opportunity prior to April 1, 1992, to obtain the license. The Secretary is authorized to extend driver's license expiration dates, and assign specific times, dates and locations where these commercial driver's tests shall be conducted. Any applicant, regardless of the current expiration date of the applicant's driver's license, may be subject to any assignment by the Secretary. Failure to comply with the Secretary's assignment may result in the applicant's forfeiture of an opportunity to receive a commercial driver's license prior to April 1, 1992. (g) The Secretary of State shall designate on a driver's license issued, a space where the licensee may indicate that he or she has drafted a living will in accordance with the Illinois Living Will Act or a durable power of attorney for health care in accordance with the Illinois Power of Attorney Act. (g-1) The Secretary of State, in his or her discretion, may designate on each driver's license issued a space where the licensee may place a sticker or decal, issued by the Secretary of State, of uniform size as the Secretary may specify, that shall indicate in appropriate language that the owner of the license has renewed his or her driver's license. (h) A person who acts in good faith in accordance with the terms of this Section is not liable for damages in any civil action or subject to prosecution in any criminal proceeding for his or her act. (i) The Secretary shall designate a space on each original or renewal of a driver's license, at the request of the applicant, for a designation as a Gold Star Family. This designation shall be available to a person eligible for Gold Star license plates under subsection (f) of Section 6-106 of this Code. (Source: P.A. 103-888, eff. 8-9-24; 103-933, eff. 1-1-25; 104-41, eff. 1-1-26.) (Text of Section from P.A. 104-417) Sec. 6-110. Licenses issued to drivers. (a) The Secretary of State shall issue to every qualifying applicant a driver's license as applied for, which license shall bear a distinguishing number assigned to the licensee, the legal name, signature, zip code, date of birth, residence address, and a brief description of the licensee. Licenses issued shall also indicate the classification and the restrictions under Section 6-104 of this Code. The Secretary may adopt rules to establish informational restrictions that can be placed on the driver's license regarding specific conditions of the licensee. A driver's license issued may, in the discretion of the Secretary, include a suitable photograph of a type prescribed by the Secretary. (a-1) If the licensee is less than 18 years of age, unless one of the exceptions in subsection (a-2) apply, the license shall, as a matter of law, be invalid for the operation of any motor vehicle during the following times: (A) Between 11:00 p.m. Friday and 6:00 a.m. Saturday; (B) Between 11:00 p.m. Saturday and 6:00 a.m. on | ||
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(C) Between 10:00 p.m. on Sunday to Thursday, | ||
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(a-2) The driver's license of a person under the age of 18 shall not be invalid as described in subsection (a-1) of this Section if the licensee under the age of 18 was: (1) accompanied by the licensee's parent or guardian | ||
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(2) on an errand at the direction of the minor's | ||
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(3) in a motor vehicle involved in interstate travel; (4) going to or returning home from an employment | ||
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(5) involved in an emergency; (6) going to or returning home from, without any | ||
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(7) exercising First Amendment rights protected by | ||
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(8) married or had been married or is an emancipated | ||
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(a-2.5) The driver's license of a person who is 17 years of age and has been licensed for at least 12 months is not invalid as described in subsection (a-1) of this Section while the licensee is participating as an assigned driver in a Safe Rides program that meets the following criteria: (1) the program is sponsored by the Boy Scouts of | ||
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(2) the sponsoring organization carries liability | ||
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(a-3) If a graduated driver's license holder over the age of 18 committed an offense against traffic regulations governing the movement of vehicles or any violation of Section 6-107 or Section 12-603.1 of this Code in the 6 months prior to the graduated driver's license holder's 18th birthday, and was subsequently convicted of the offense, the provisions of subsection (a-1) shall continue to apply until such time as a period of 6 consecutive months has elapsed without an additional violation and subsequent conviction of an offense against traffic regulations governing the movement of vehicles or Section 6-107 or Section 12-603.1 of this Code. (a-4) If an applicant for a driver's license or instruction permit has a current identification card issued by the Secretary of State, the Secretary may require the applicant to utilize the same residence address and name on the identification card, driver's license, and instruction permit records maintained by the Secretary. The Secretary may promulgate rules to implement this provision. (a-5) If an applicant for a driver's license is an employee of the Department of Children and Family Services with a job title of "Child Protection Specialist Trainee", "Child Protection Specialist", "Child Protection Advanced Specialist", "Child Welfare Specialist Trainee", "Child Welfare Specialist", or "Child Welfare Advanced Specialist" or a judicial officer or a peace officer, the applicant may elect to have his or her office or work address listed on the license instead of the applicant's residence or mailing address. The Secretary of State shall adopt rules to implement this subsection (a-5). For the purposes of this subsection (a-5), "peace officer" means any person who by virtue of his or her office or public employment is vested by law with a duty to maintain public order or to make arrests for a violation of any penal statute of this State, whether that duty extends to all violations or is limited to specific violations. (b) Until the Secretary of State establishes a First Person Consent organ and tissue donor registry under Section 6-117 of this Code, the Secretary of State shall provide a format on the reverse of each driver's license issued which the licensee may use to execute a document of gift conforming to the provisions of the Illinois Anatomical Gift Act. The format shall allow the licensee to indicate the gift intended, whether specific organs, any organ, or the entire body, and shall accommodate the signatures of the donor and 2 witnesses. The Secretary shall also inform each applicant or licensee of this format, describe the procedure for its execution, and may offer the necessary witnesses; provided that in so doing, the Secretary shall advise the applicant or licensee that he or she is under no compulsion to execute a document of gift. A brochure explaining this method of executing an anatomical gift document shall be given to each applicant or licensee. The brochure shall advise the applicant or licensee that he or she is under no compulsion to execute a document of gift, and that he or she may wish to consult with family, friends, or clergy before doing so. The Secretary of State may undertake additional efforts, including education and awareness activities, to promote organ and tissue donation. (c) The Secretary of State shall designate on each driver's license issued a space where the licensee may place a sticker or decal of the uniform size as the Secretary may specify, which sticker or decal may indicate in appropriate language that the owner of the license carries an Emergency Medical Information Card. The sticker may be provided by any person, hospital, school, medical group, or association interested in assisting in implementing the Emergency Medical Information Card, but shall meet the specifications as the Secretary may by rule or regulation require. (d) The Secretary of State shall designate on each driver's license issued a space where the licensee may indicate his blood type and RH factor. (e) The Secretary of State shall provide that each original or renewal driver's license issued to a licensee under 21 years of age shall be of a distinct nature from those driver's licenses issued to individuals 21 years of age and older. The color designated for driver's licenses for licensees under 21 years of age shall be at the discretion of the Secretary of State. (e-1) The Secretary shall provide that each driver's license issued to a person under the age of 21 displays the date upon which the person becomes 18 years of age and the date upon which the person becomes 21 years of age. (e-3) The General Assembly recognizes the need to identify military veterans living in this State for the purpose of ensuring that they receive all of the services and benefits to which they are legally entitled, including health care, education assistance, and job placement. To assist the State in identifying these veterans and delivering these vital services and benefits, the Secretary of State is authorized to issue drivers' licenses with the word "veteran" appearing on the face of the licenses. This authorization is predicated on the unique status of veterans. The Secretary may not issue any other driver's license which identifies an occupation, status, affiliation, hobby, or other unique characteristics of the license holder which is unrelated to the purpose of the driver's license. (e-5) Beginning on or before July 1, 2015, the Secretary of State shall designate a space on each original or renewal driver's license where, at the request of the applicant, the word "veteran" shall be placed. The veteran designation shall be available to a person identified as a veteran under subsection (e) of Section 6-106 of this Code who was discharged or separated under honorable conditions. (e-7) Upon providing the required documentation, at the request of the applicant, the driver's license may reflect Gold Star Family designation. The Secretary shall designate a space on each original or renewal driver's license for such designation. This designation shall be available to a person eligible for Gold Star license plates under subsection (f) of Section 6-106 of this Code. (f) The Secretary of State shall inform all Illinois licensed commercial motor vehicle operators of the requirements of the Uniform Commercial Driver License Act, Article V of this Chapter, and shall make provisions to insure that all drivers, seeking to obtain a commercial driver's license, be afforded an opportunity prior to April 1, 1992, to obtain the license. The Secretary is authorized to extend driver's license expiration dates, and assign specific times, dates and locations where these commercial driver's tests shall be conducted. Any applicant, regardless of the current expiration date of the applicant's driver's license, may be subject to any assignment by the Secretary. Failure to comply with the Secretary's assignment may result in the applicant's forfeiture of an opportunity to receive a commercial driver's license prior to April 1, 1992. (g) The Secretary of State shall designate on a driver's license issued, a space where the licensee may indicate that he or she has drafted a living will in accordance with the Illinois Living Will Act or a durable power of attorney for health care in accordance with the Illinois Power of Attorney Act. (g-1) The Secretary of State, in his or her discretion, may designate on each driver's license issued a space where the licensee may place a sticker or decal, issued by the Secretary of State, of uniform size as the Secretary may specify, that shall indicate in appropriate language that the owner of the license has renewed his or her driver's license. (h) A person who acts in good faith in accordance with the terms of this Section is not liable for damages in any civil action or subject to prosecution in any criminal proceeding for his or her act. (i) The Secretary shall designate a space on each original or renewal of a driver's license, at the request of the applicant, for a designation as a Gold Star Family. This designation shall be available to a person eligible for Gold Star license plates under subsection (f) of Section 6-106 of this Code. (Source: P.A. 103-888, eff. 8-9-24; 103-933, eff. 1-1-25; 104-417, eff. 8-15-25.) (Text of Section from P.A. 104-443) Sec. 6-110. Licenses issued to drivers. (a) The Secretary of State shall issue to every qualifying applicant a driver's license as applied for, which license shall bear a distinguishing number assigned to the licensee, the legal name, signature, zip code, date of birth, residence address, and a brief description of the licensee. Licenses issued shall also indicate the classification and the restrictions under Section 6-104 of this Code. The Secretary may adopt rules to establish informational restrictions that can be placed on the driver's license regarding specific conditions of the licensee. A driver's license issued may, in the discretion of the Secretary, include a suitable photograph of a type prescribed by the Secretary. (a-1) If the licensee is less than 18 years of age, unless one of the exceptions in subsection (a-2) apply, the license shall, as a matter of law, be invalid for the operation of any motor vehicle during the following times: (A) Between 11:00 p.m. Friday and 6:00 a.m. Saturday; (B) Between 11:00 p.m. Saturday and 6:00 a.m. on | ||
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(C) Between 10:00 p.m. on Sunday to Thursday, | ||
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(a-2) The driver's license of a person under the age of 18 shall not be invalid as described in subsection (a-1) of this Section if the licensee under the age of 18 was: (1) accompanied by the licensee's parent or guardian | ||
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(2) on an errand at the direction of the minor's | ||
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(3) in a motor vehicle involved in interstate travel; (4) going to or returning home from an employment | ||
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(5) involved in an emergency; (6) going to or returning home from, without any | ||
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(7) exercising First Amendment rights protected by | ||
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(8) married or had been married or is an emancipated | ||
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(a-2.5) The driver's license of a person who is 17 years of age and has been licensed for at least 12 months is not invalid as described in subsection (a-1) of this Section while the licensee is participating as an assigned driver in a Safe Rides program that meets the following criteria: (1) the program is sponsored by the Boy Scouts of | ||
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(2) the sponsoring organization carries liability | ||
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(a-3) If a graduated driver's license holder over the age of 18 committed an offense against traffic regulations governing the movement of vehicles or any violation of Section 6-107 or Section 12-603.1 of this Code in the 6 months prior to the graduated driver's license holder's 18th birthday, and was subsequently convicted of the offense, the provisions of subsection (a-1) shall continue to apply until such time as a period of 6 consecutive months has elapsed without an additional violation and subsequent conviction of an offense against traffic regulations governing the movement of vehicles or Section 6-107 or Section 12-603.1 of this Code. (a-4) If an applicant for a driver's license or instruction permit has a current identification card issued by the Secretary of State, the Secretary may require the applicant to utilize the same residence address and name on the identification card, driver's license, and instruction permit records maintained by the Secretary. The Secretary may promulgate rules to implement this provision. (a-5) If an applicant for a driver's license is an employee of the Department of Children and Family Services with a job title of "Child Protection Specialist Trainee", "Child Protection Specialist", "Child Protection Advanced Specialist", "Child Welfare Specialist Trainee", "Child Welfare Specialist", or "Child Welfare Advanced Specialist" or a judicial officer, public official, or a peace officer, the applicant may elect to have his or her office or work address listed on the license instead of the applicant's residence or mailing address. The Secretary of State shall adopt rules to implement this subsection (a-5). As used in this subsection (a-5): "Peace officer" means any person who by virtue of his or her office or public employment is vested by law with a duty to maintain public order or to make arrests for a violation of any penal statute of this State, whether that duty extends to all violations or is limited to specific violations. "Public official" has the meaning given in Section 10 of the Public Official Safety and Privacy Act. (b) Until the Secretary of State establishes a First Person Consent organ and tissue donor registry under Section 6-117 of this Code, the Secretary of State shall provide a format on the reverse of each driver's license issued which the licensee may use to execute a document of gift conforming to the provisions of the Illinois Anatomical Gift Act. The format shall allow the licensee to indicate the gift intended, whether specific organs, any organ, or the entire body, and shall accommodate the signatures of the donor and 2 witnesses. The Secretary shall also inform each applicant or licensee of this format, describe the procedure for its execution, and may offer the necessary witnesses; provided that in so doing, the Secretary shall advise the applicant or licensee that he or she is under no compulsion to execute a document of gift. A brochure explaining this method of executing an anatomical gift document shall be given to each applicant or licensee. The brochure shall advise the applicant or licensee that he or she is under no compulsion to execute a document of gift, and that he or she may wish to consult with family, friends, or clergy before doing so. The Secretary of State may undertake additional efforts, including education and awareness activities, to promote organ and tissue donation. (c) The Secretary of State shall designate on each driver's license issued a space where the licensee may place a sticker or decal of the uniform size as the Secretary may specify, which sticker or decal may indicate in appropriate language that the owner of the license carries an Emergency Medical Information Card. The sticker may be provided by any person, hospital, school, medical group, or association interested in assisting in implementing the Emergency Medical Information Card, but shall meet the specifications as the Secretary may by rule or regulation require. (d) The Secretary of State shall designate on each driver's license issued a space where the licensee may indicate his blood type and RH factor. (e) The Secretary of State shall provide that each original or renewal driver's license issued to a licensee under 21 years of age shall be of a distinct nature from those driver's licenses issued to individuals 21 years of age and older. The color designated for driver's licenses for licensees under 21 years of age shall be at the discretion of the Secretary of State. (e-1) The Secretary shall provide that each driver's license issued to a person under the age of 21 displays the date upon which the person becomes 18 years of age and the date upon which the person becomes 21 years of age. (e-3) The General Assembly recognizes the need to identify military veterans living in this State for the purpose of ensuring that they receive all of the services and benefits to which they are legally entitled, including health care, education assistance, and job placement. To assist the State in identifying these veterans and delivering these vital services and benefits, the Secretary of State is authorized to issue drivers' licenses with the word "veteran" appearing on the face of the licenses. This authorization is predicated on the unique status of veterans. The Secretary may not issue any other driver's license which identifies an occupation, status, affiliation, hobby, or other unique characteristics of the license holder which is unrelated to the purpose of the driver's license. (e-5) Beginning on or before July 1, 2015, the Secretary of State shall designate a space on each original or renewal driver's license where, at the request of the applicant, the word "veteran" shall be placed. The veteran designation shall be available to a person identified as a veteran under subsection (e) of Section 6-106 of this Code who was discharged or separated under honorable conditions. (e-7) Upon providing the required documentation, at the request of the applicant, the driver's license may reflect Gold Star Family designation. The Secretary shall designate a space on each original or renewal driver's license for such designation. This designation shall be available to a person eligible for Gold Star license plates under subsection (f) of Section 6-106 of this Code. (f) The Secretary of State shall inform all Illinois licensed commercial motor vehicle operators of the requirements of the Uniform Commercial Driver License Act, Article V of this Chapter, and shall make provisions to insure that all drivers, seeking to obtain a commercial driver's license, be afforded an opportunity prior to April 1, 1992, to obtain the license. The Secretary is authorized to extend driver's license expiration dates, and assign specific times, dates and locations where these commercial driver's tests shall be conducted. Any applicant, regardless of the current expiration date of the applicant's driver's license, may be subject to any assignment by the Secretary. Failure to comply with the Secretary's assignment may result in the applicant's forfeiture of an opportunity to receive a commercial driver's license prior to April 1, 1992. (g) The Secretary of State shall designate on a driver's license issued, a space where the licensee may indicate that he or she has drafted a living will in accordance with the Illinois Living Will Act or a durable power of attorney for health care in accordance with the Illinois Power of Attorney Act. (g-1) The Secretary of State, in his or her discretion, may designate on each driver's license issued a space where the licensee may place a sticker or decal, issued by the Secretary of State, of uniform size as the Secretary may specify, that shall indicate in appropriate language that the owner of the license has renewed his or her driver's license. (h) A person who acts in good faith in accordance with the terms of this Section is not liable for damages in any civil action or subject to prosecution in any criminal proceeding for his or her act. (i) The Secretary shall designate a space on each original or renewal of a driver's license, at the request of the applicant, for a designation as a Gold Star Family. This designation shall be available to a person eligible for Gold Star license plates under subsection (f) of Section 6-106 of this Code. (Source: P.A. 103-888, eff. 8-9-24; 103-933, eff. 1-1-25; 104-443, eff. 1-1-26.) |
(625 ILCS 5/6-110.1) Sec. 6-110.1. Confidentiality of captured photographs or images. (a) The Secretary of State shall maintain a file on or contract to file all photographs and signatures obtained in the process of issuing a driver's license, permit, or identification card. Except as otherwise provided in this Section, the photographs and signatures shall be confidential and shall not be disclosed except to the following persons: (1) the individual to whom the driver's license or | ||
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(2) officers and employees of the Secretary of State | ||
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(3) law enforcement officials for a civil or criminal | ||
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(3-5) the State Board of Elections for the sole | ||
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(3-10) officers and employees of the Secretary of | ||
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(4) other entities that the Secretary may authorize | ||
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(b) The Secretary of State shall not provide facial recognition search services or photographs obtained in the process of issuing a driver's license or permit to any federal, State, or local law enforcement agency or other governmental entity for the purpose of enforcing federal immigration laws. This subsection shall not apply to requests from federal, State, or local law enforcement agencies or other governmental entities for facial recognition search services or photographs obtained in the process of issuing a driver's license or permit when the purpose of the request relates to criminal activity other than violations of immigration laws. (Source: P.A. 102-354, eff. 8-13-21; 103-210, eff. 7-1-24.) |
(625 ILCS 5/6-110.2) Sec. 6-110.2. Confidentiality of documents submitted with an application for a driver's license. Documents required to be submitted with an application for a driver's license to prove the applicant's identity (name and date of birth), social security number or lack of a social security number, written signature, residency, and, as applicable, citizenship or immigration status and country of
citizenship shall be confidential and shall not be disclosed except to the following persons: (1) the individual to whom the driver's license or | ||
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(2) officers and employees of the Secretary of State | ||
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(3) law enforcement officials for a civil or criminal | ||
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(4) other entities that the Secretary may authorize | ||
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(Source: P.A. 103-210, eff. 7-1-24.) |
(625 ILCS 5/6-110.3) Sec. 6-110.3. Restrictions on use of information for certain purposes. (a) Notwithstanding any other provision of law, the Secretary may not release or make accessible in any manner any highly restricted personal information as defined in Section 1-125.9 or personally identifying information as defined in Section 1-159.2, provide images, photos, or facial recognition services as described in Section 6-110.1, or disclose documents as described in Section 6-110.2 to any immigration agent as defined in Section 10 of the Illinois TRUST Act, unless necessary to comply with the following, to the extent that production of such information or documents is specifically required: (1) a lawful court order; (2) a judicial warrant signed by a judge appointed | ||
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(3) a subpoena for individual records issued by a | ||
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When responding to such a court order, warrant, or subpoena, the Secretary shall disclose only those documents or information specifically requested. Within 3 business days of receiving such a court order, warrant, or subpoena, the Secretary shall send a notification to the individual about whom such information was requested that a court order, warrant, or subpoena was received and the identity of the entity that presented the court order, warrant, or subpoena. (b) The Secretary shall not enter into or maintain any agreement regarding the sharing of any highly restricted personal information as defined in Section 1-125.9, personally identifying information as defined in Section 1-159.2, images or photos described in Section 6-110.1, or documents described in Section 6-110.2 unless all other parties to such agreement certify that the information obtained will not be used for civil immigration purposes or knowingly disseminated to any third party for any purpose related to civil immigration enforcement. (Source: P.A. 103-210, eff. 7-1-24.) |
(625 ILCS 5/6-112) (from Ch. 95 1/2, par. 6-112)
Sec. 6-112. License and Permits to be carried and exhibited on
demand. Every licensee or permittee shall have his drivers license or permit
in his immediate possession at all times when operating a motor vehicle
and, for the purpose of indicating compliance with this requirement,
shall display such license or permit if it is in his possession upon
demand made, when in uniform or displaying a badge or other sign of
authority, by a member of the Illinois State Police, a sheriff or other police
officer or designated agent of the Secretary of State. However, no
person charged with violating this Section shall be convicted if he
produces in court satisfactory evidence that a drivers license was theretofore
issued to him and was valid at the time of his arrest.
For the purposes of this Section, "display" means the manual
surrender of his license certificate into the hands of the
demanding officer for his inspection thereof.
(Source: P.A. 102-538, eff. 8-20-21.)
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(625 ILCS 5/6-113) (from Ch. 95 1/2, par. 6-113)
Sec. 6-113. Restricted licenses and permits.
(a) The Secretary of
State upon issuing a drivers license or permit shall have the authority
whenever good cause appears to impose restrictions suitable to the
licensee's driving ability with respect to the type of, or special
mechanical control devices required on, a motor vehicle which the
licensee may operate or such other restrictions applicable to the
licensee as the Secretary of State may determine to be appropriate to
assure the safe operation of a motor vehicle by the licensee.
(b) The Secretary of State may either issue a special restricted
license or permit or may set forth such restrictions upon the usual
license or permit form.
(c) The Secretary of State may issue a probationary license to a person
whose driving privileges have been suspended pursuant to subsection (d) of this
Section or subsection (a)(2) of Section 6-206 of this
Code. This subsection (c) does not apply to any driver required to possess a CDL for the purpose of operating a commercial motor vehicle. The Secretary of State shall promulgate rules pursuant to the
Illinois Administrative Procedure Act, setting forth the conditions and
criteria for the issuance and cancellation of probationary licenses.
(d) The Secretary of State may upon receiving satisfactory evidence
of any violation of the restrictions of such license or permit suspend,
revoke or cancel the same without preliminary hearing, but the licensee or
permittee shall be entitled to a hearing as in the case of a suspension
or revocation.
(e) It is unlawful for any person to operate a motor vehicle in any
manner in violation of the restrictions imposed on a restricted license
or permit issued to him.
(f) Whenever the holder of a restricted driving permit is issued a citation
for any of the following offenses including similar local ordinances, the
restricted driving permit is immediately invalidated:
1. Reckless homicide resulting from the operation of | ||
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2. Violation of Section 11-501 of this Act relating | ||
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3. Violation of Section 11-401 of this Act relating | ||
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4. Violation of Section 11-504 of this Act relating | ||
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5. Violation of Section 11-506 of this Act relating | ||
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The police officer issuing the citation shall confiscate the restricted
driving permit and forward it, along with the citation, to the Clerk of
the Circuit Court of the county in which the citation was issued.
(g) The Secretary of State may issue a special restricted
license for a period of 48 months to individuals using vision aid
arrangements other than standard eyeglasses or contact lenses,
allowing the operation of a motor vehicle during nighttime hours.
The Secretary of State shall adopt rules defining the terms and
conditions by which the individual may obtain and renew this
special restricted license. At a minimum, all drivers must meet
the following requirements:
1. Possess a valid driver's license and have operated | ||
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2. Have a driving record that does not include any | ||
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3. Successfully complete a road test administered | ||
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The special restricted license holder must submit to the Secretary annually a vision specialist report from his or her ophthalmologist or optometrist that the special restricted license holder's vision has not changed. If the special restricted license holder fails to submit this vision specialist report, the special restricted license shall be cancelled under Section 6-201 of this Code. At a minimum, all drivers renewing this license must meet the
following requirements:
1. Successfully complete a road test administered | ||
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2. Have a driving record that does not include any | ||
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(h) Any driver issued a special restricted license as defined in
subsection (g) whose privilege to drive during nighttime hours has been
suspended due to a crash occurring during nighttime hours may request
a hearing as provided in Section 2-118 of this Code to contest that suspension.
If it is
determined that the crash for which the driver was at fault was not
influenced by the driver's use of vision aid arrangements other than standard
eyeglasses or contact lenses, the Secretary may reinstate that driver's
privilege to drive during nighttime hours.
(i) The Secretary of State may issue a special restricted training permit for a period of 6 months to individuals using vision aid arrangements other than standard eyeglasses or contact lenses, allowing the operation of a motor vehicle between sunset and 10:00 p.m. provided the driver is accompanied by a person holding a valid driver's license without nighttime operation restrictions. The Secretary may adopt rules defining the terms and conditions by which the individual may obtain and renew this special restricted training permit. At a minimum, all persons applying for a special restricted training permit must meet the following requirements: 1. Possess a valid driver's license and have | ||
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2. Have a driving record that does not include any | ||
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(j) Whenever the Secretary of State has issued an administrative order requiring an individual to use an ignition interlock device after his or her driver's license has been reinstated, that individual shall be issued a driver's license containing the ignition interlock device restriction. The administrative order shall set forth the duration of the restriction and any other applicable terms and conditions. (Source: P.A. 102-982, eff. 7-1-23.)
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(625 ILCS 5/6-114) (from Ch. 95 1/2, par. 6-114)
Sec. 6-114. Duplicate and Corrected Licenses and Permits.
In the event that a drivers license or permit issued under the
provisions of this Act is lost or destroyed, the person to whom the same
was issued may upon application and payment of the required fee obtain a
duplicate or substitute thereof, upon furnishing evidence satisfactory to
the Secretary of State that such permit or license has been lost or
destroyed and if such applicant is not then ineligible under Section 6-103
of this Act. Any person to whom has been issued a drivers license or permit
under the provisions of this Act and who desires to obtain a corrected
permit or license to indicate a correction of legal name or
residence
address or to correct a
statement appearing upon the original permit or license may upon
application and payment of the required fee obtain a corrected permit or
license. The original permit or license must accompany the application for
correction or evidence must be furnished satisfactory to the Secretary of
State that such permit or license has been lost or destroyed.
(Source: P.A. 93-895, eff. 1-1-05.)
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(625 ILCS 5/6-115) (from Ch. 95 1/2, par. 6-115) Sec. 6-115. Expiration of driver's license. (a) Except as provided elsewhere in this Section, every driver's license issued under the provisions of this Code shall expire 4 years from the date of its issuance, or at such later date, as the Secretary of State may by proper rule and regulation designate, not to exceed 12 calendar months; in the event that an applicant for renewal of a driver's license fails to apply prior to the expiration date of the previous driver's license, the renewal driver's license shall expire 4 years from the expiration date of the previous driver's license, or at such later date as the Secretary of State may by proper rule and regulation designate, not to exceed 12 calendar months. The Secretary of State may, however, issue to a person not previously licensed as a driver in Illinois a driver's license which will expire not less than 4 years nor more than 5 years from date of issuance, except as provided elsewhere in this Section. (a-3) Beginning no later than July 1, 2027, the Secretary shall offer to qualified applicants the option to be issued an 8-year driver's license. The Secretary shall submit proposed rules to implement this subsection to the Joint Committee on Administrative Rules no later than January 1, 2027. (a-5) Every driver's license issued under this Code to an applicant who is not a United States citizen or permanent resident, or an individual who has an approved application for asylum in the United States or has entered the United States in refugee status, shall expire on whichever is the earlier date of the following: (1) as provided under subsection (a), (f), (g), or | ||
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(2) on the date the applicant's authorized stay in | ||
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(3) if the applicant's authorized stay is indefinite | ||
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(a-10) Every REAL ID compliant driver's license issued under this Code to an applicant who is not a United States citizen or permanent resident, or an individual who has an approved application for asylum in the United States or has entered the United States in refugee status, shall be marked "Limited Term". (b) Before the expiration of a driver's license, except those licenses expiring on the individual's 21st birthday, or 3 months after the individual's 21st birthday, the holder thereof may apply for a renewal thereof, subject to all the provisions of Section 6-103, and the Secretary of State may require an examination of the applicant. A licensee whose driver's license expires on his 21st birthday, or 3 months after his 21st birthday, may not apply for a renewal of his driving privileges until he reaches the age of 21. (c) The Secretary of State shall, 30 days prior to the expiration of a driver's license, forward to each person whose license is to expire a notification of the expiration of said license which may be presented at the time of renewal of said license. There may be included with such notification information explaining the anatomical gift and Emergency Medical Information Card provisions of Section 6-110. The format and text of such information shall be prescribed by the Secretary. There shall be included with such notification, for a period of 4 years beginning January 1, 2000 information regarding the Illinois Adoption Registry and Medical Information Exchange established in Section 18.1 of the Adoption Act. (d) The Secretary may defer the expiration of the driver's license of a licensee, spouse, and dependent children who are living with such licensee while on active duty, serving in the Armed Forces of the United States outside of the State of Illinois, and 120 days thereafter, upon such terms and conditions as the Secretary may prescribe. (d-5) The Secretary may defer the expiration of the driver's license of a licensee, or of a spouse or dependent children living with the licensee, serving as a civilian employee of the United States Armed Forces or the United States Department of Defense, outside of the State of Illinois, and 120 days thereafter, upon such terms and conditions as the Secretary may prescribe. (e) The Secretary of State may decline to process a renewal of a driver's license of any person who has not paid any fee or tax due under this Code and is not paid upon reasonable notice and demand. (f) The Secretary shall provide that each original or renewal driver's license issued to a licensee under 21 years of age shall expire 3 months after the licensee's 21st birthday. Persons whose current driver's licenses expire on their 21st birthday on or after January 1, 1986 shall not renew their driver's license before their 21st birthday, and their current driver's license will be extended for an additional term of 3 months beyond their 21st birthday. Thereafter, the expiration and term of the driver's license shall be governed by subsection (a) hereof. (g) The Secretary shall provide that each original or renewal driver's license issued to a licensee 81 years of age through age 86 shall expire 2 years from the date of issuance, or at such later date as the Secretary may by rule and regulation designate, not to exceed an additional 12 calendar months. The Secretary shall also provide that each original or renewal driver's license issued to a licensee 87 years of age or older shall expire 12 months from the date of issuance, or at such later date as the Secretary may by rule and regulation designate, not to exceed an additional 12 calendar months. (h) The Secretary of State shall provide that each special restricted driver's license issued under subsection (g) of Section 6-113 of this Code shall expire 12 months from the date of issuance. The Secretary shall adopt rules defining renewal requirements. (i) The Secretary of State shall provide that each driver's license issued to a person convicted of a sex offense as defined in Section 2 of the Sex Offender Registration Act shall expire 12 months from the date of issuance or at such date as the Secretary may by rule designate, not to exceed an additional 12 calendar months. The Secretary may adopt rules defining renewal requirements. (Source: P.A. 102-659, eff. 1-1-22; 103-872, eff. 1-1-25.) |
(625 ILCS 5/6-116) (from Ch. 95 1/2, par. 6-116)
Sec. 6-116. Notice of Change of Residence Address or Legal
Name.
(a) Whenever any person after applying for or receiving a drivers
license or
permit moves from the residence address named in such application or on the
license
or permit issued to him such person shall within 10 days
thereafter notify the Drivers Services Department of the Secretary of State's
Office in writing of his old and new
residence
addresses and of the number of any
license
or permit then held by him. Such person may obtain a corrected license or
permit as provided in Section 6-114.
(b) Any person whose legal name has changed from the name on the license
or permit that he or she has been previously issued must apply for a corrected
card within 30 days after the change.
(Source: P.A. 93-895, eff. 1-1-05.)
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(625 ILCS 5/6-116.5)
Sec. 6-116.5.
Driver's duty to report medical condition.
Every driver shall report to the Secretary any medical
condition, as defined by the Driver's License Medical Review Law of 1992, that
is likely to cause loss of consciousness or any loss of ability
to safely operate a motor vehicle within 10 days of the driver becoming aware
of the condition. The Secretary, in conjunction with the Driver's License
Medical Advisory Board, shall determine by administrative rule the temporary
conditions not required to be reported under the provisions of this Section.
All information furnished to the Secretary under the provisions of this
Section shall be deemed confidential and for the privileged use of the Secretary in accordance with the provisions of subsection (j) of Section 2-123 of this Code.
(Source: P.A. 89-584, eff. 7-31-96.)
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(625 ILCS 5/6-117) (from Ch. 95 1/2, par. 6-117) Sec. 6-117. Records to be kept by the Secretary of State. (a) The Secretary of State shall file every application for a license or permit accepted under this Chapter, and shall maintain suitable indexes thereof. The records of the Secretary of State shall indicate the action taken with respect to such applications. (b) The Secretary of State shall maintain appropriate records of all licenses and permits refused, cancelled, disqualified, revoked, or suspended and of the revocation, suspension, and disqualification of driving privileges of persons not licensed under this Chapter, and such records shall note the reasons for such action. (c) The Secretary of State shall maintain appropriate records of convictions reported under this Chapter. Records of conviction may be maintained in a computer processible medium. (d) The Secretary of State may also maintain appropriate records of any crash reports received. (e) The Secretary of State shall also maintain appropriate records of any disposition of supervision or records relative to a driver's referral to a driver remedial or rehabilitative program, as required by the Secretary of State or the courts. Such records shall only be available for use by the Secretary, the driver licensing administrator of any other state, law enforcement agencies, the courts, and the affected driver or, upon proper verification, such affected driver's attorney. (f) The Secretary of State shall also maintain or contract to maintain appropriate records of all photographs and signatures obtained in the process of issuing any driver's license, permit, or identification card. The record shall be confidential and shall not be disclosed except to those entities listed under Section 6-110.1 of this Code. (g) The Secretary of State may establish a First Person Consent organ and tissue donor registry in compliance with subsection (b-1) of Section 5-20 of the Illinois Anatomical Gift Act, as follows: (1) The Secretary shall offer, to each applicant for | ||
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(2) The Secretary of State may establish additional | ||
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(3) When an individual has agreed to have his or her | ||
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(4) An individual may withdraw his or her consent to | ||
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(5) The Secretary of State may undertake additional | ||
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(6) In the absence of gross negligence or willful | ||
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(h) The Secretary of State may destroy a driving record created 20 or more years ago for a person who was convicted of an offense and who did not have an Illinois driver's license if the record no longer contains any convictions or withdrawal of driving privileges due to the convictions. (Source: P.A. 104-260, eff. 8-15-25.) |
(625 ILCS 5/6-117.1) Sec. 6-117.1. Prohibited use of driver's license information. (a) When information is obtained from a driver's license to identify or prove the age of the holder of the license, or in the course of a commercial transaction, that information may be used only for purposes of identification of the individual or for completing the commercial transaction in which the information was obtained, including all subsequent payment, processing, collection, and other related actions. Information obtained from a driver's license may not be used for purposes unrelated to the transaction in which it was obtained, including, but not limited to, commercial solicitations. Information obtained from a driver's license to identify the holder of the license, or in the course of a commercial transaction, may not be sold, leased, or otherwise provided to any third party. (b) Any individual whose driver's license information has been used in violation of this Section has a cause of action against the person who violated this Section. Upon a finding that a violation did occur, the individual whose information was used in violation of this Section is entitled to recover actual damages, but not less than liquidated damages in the amount of $250 for each violation, plus attorney's fees and the costs of bringing the action. (c) Use of information contained on a driver's license is not a violation of this Section if (i) the individual whose information has been used gave express permission for that use or (ii) the information relating to the individual was obtained from a source other than the individual's driver's license. (d) This Section does not apply to any agency of the United States, the State of Illinois, or any other state or political subdivision thereof. (e) This Section does not apply to the transfer of information to a third party if (i) a federal or State law, rule, or regulation requires that the information be transferred to a third party after being recorded in specified transactions or (ii) the information is transferred to a third party for purposes of the detection or possible prosecution of criminal offenses or fraud. If information is transferred to a third party under this subsection (e), it may be used only for the purposes authorized by this subsection (e).
(f) This Section does not apply to the use of information obtained from a driver's license which has been provided by the holder of the license in the course of a potential or completed employment, commercial, business or professional transaction for the purpose of completing written documents including, but not limited to, contracts, agreements, purchase orders, retail installment contracts, buyer's orders, purchase contracts, repair orders, applications, disclosure forms or waiver forms.
(Source: P.A. 94-892, eff. 1-1-07.) |
(625 ILCS 5/6-117.2) Sec. 6-117.2. Emergency contact database. (a) The Secretary of State shall establish a database of the emergency contacts of persons who hold a driver's license, instruction permit, or any other type of driving permit issued by the Secretary of State. Information in the database shall be accessible only to employees of the Office of the Secretary and law enforcement officers employed by a law enforcement agency. Law enforcement officers may share information contained in the emergency contact database, including disabilities and special needs information, with other public safety workers on scene, as needed to conduct official law enforcement duties. (b) Any person holding a driver's license, instruction permit, or any other type of driving permit issued by the Secretary of State shall be afforded the opportunity to provide the Secretary of State, in a manner and form designated by the Secretary of State, the name, address, telephone number, and relationship to the holder of no more than 2 emergency contact persons whom the holder wishes to be contacted by a law enforcement officer if the holder is involved in a motor vehicle crash or other emergency situation and the holder is unable to communicate with the contact person or persons and may designate whether the holder has a disability or is a special needs individual. A contact person need not be the holder's next of kin. (c) The Secretary shall adopt rules to implement this Section. At a minimum, the rules shall address all of the following: (1) the method whereby a holder may provide the | ||
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(2) the method whereby a holder may provide the | ||
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(3) any other aspect of the database or its operation | ||
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(d) If a person involved in a motor vehicle crash or other emergency situation is unable to communicate with the contact person or persons specified in the database, a law enforcement officer shall make a good faith effort to notify the contact person or persons of the situation. Neither the law enforcement officer nor the law enforcement agency that employs that law enforcement officer incurs any liability, however, if the law enforcement officer is not able to make contact with the contact person. Except for willful or wanton misconduct, neither the law enforcement officer, nor the law enforcement agency that employs the law enforcement officer, shall incur any liability relating to the reporting or use of the database during a motor vehicle crash or other emergency situation. (e) The Secretary of State shall make a good faith effort to maintain accurate data as provided by the driver's license or instruction permit holder and to provide that information to law enforcement as provided in subsection (a). The Secretary of State is not liable for any damages, costs, or expenses, including, without limitation, consequential damages, arising or resulting from any inaccurate or incomplete data or system unavailability. Except for willful or wanton misconduct, the Secretary of State shall not incur any liability relating to the reporting of disabilities or special needs individuals. (f) As used in this Section: "Disability" means an individual's physical or mental impairment that substantially limits one or more of the major life activities; a record of such impairment; or when the individual is regarded as having such impairment. "Public safety worker" means a person employed by this State or a political subdivision thereof that provides firefighting, law enforcement, medical or other emergency services. "Special needs individuals" means those individuals who have or are at increased risk for a chronic physical, developmental, behavioral, or emotional condition and who also require health and related services of a type or amount beyond that required by individuals generally. (Source: P.A. 102-982, eff. 7-1-23.) |
(625 ILCS 5/6-118) Sec. 6-118. Fees. (a) The fees for licenses and permits under this Article are as follows: Original 4-year driver's license$30 Original 8-year driver's license issued under subsection (a-3) of Section 6-115$60 Original driver's license issued to 18, 19, and 20 year olds $5 All driver's licenses for persons age 69 through age 80 $5 All driver's licenses for persons age 81 through age 86 $2 All driver's licenses for persons age 87 or older$0 Renewal 4-year driver's license (except for applicants age 69 and older)$30 Renewal 8-year driver's license issued under subsection (a-3) of Section 6-115 (except for applicants age 69 and older)$60 Original instruction permit issued to persons (except those age 69 and older) who do not hold or have not previously held an Illinois instruction permit or driver's license $20 Instruction permit issued to any person holding an Illinois driver's license who wishes a change in classifications, other than at the time of renewal $5 Any instruction permit issued to a person age 69 and older $5 Instruction permit issued to any person, under age 69, not currently holding a valid Illinois driver's license or instruction permit but who has previously been issued either document in Illinois $10 Restricted driving permit $8 Monitoring device driving permit $8 Duplicate or corrected driver's license or permit $5 Duplicate or corrected restricted driving permit $5 Duplicate or corrected monitoring device driving permit $5 Duplicate driver's license or permit issued to an active-duty member of the United States Armed Forces, the member's spouse, or the dependent children living with the member $0 Original or renewal M or L endorsement $5SPECIAL FEES FOR COMMERCIAL DRIVER'S LICENSE The fees for commercial driver licenses and permits | ||
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Commercial driver's license: $6 for the CDLIS/AAMVAnet/NMVTIS Trust Fund; $20 for the Motor Carrier Safety Inspection Fund; $10 for the driver's license; and $24 for the CDL: $60 Renewal commercial driver's license: $6 for the CDLIS/AAMVAnet/NMVTIS Trust Fund; $20 for the Motor Carrier Safety Inspection Fund; $10 for the driver's license; and $24 for the CDL: $60 Commercial learner's permit issued to any person holding a valid Illinois driver's license for the purpose of changing to a CDL classification: $6 for the CDLIS/AAMVAnet/NMVTIS Trust Fund; $20 for the Motor Carrier Safety Inspection Fund; and $24 for the CDL classification $50 Commercial learner's permit issued to any person holding a valid Illinois CDL for the purpose of making a change in a classification, endorsement or restriction $5 CDL duplicate or corrected license $5 In order to ensure the proper implementation of the Uniform Commercial Driver License Act, Article V of this Chapter, the Secretary of State is empowered to prorate the $24 fee for the commercial driver's license proportionate to the expiration date of the applicant's Illinois driver's license. The fee for any duplicate license or permit shall be waived for any person who presents the Secretary of State's office with a police report showing that his license or permit was stolen. The fee for any duplicate license or permit shall be waived for any person age 60 or older whose driver's license or permit has been lost or stolen. No additional fee shall be charged for a driver's license, or for a commercial driver's license, when issued to the holder of an instruction permit for the same classification or type of license who becomes eligible for such license. The fee for a restricted driving permit under this subsection (a) shall be imposed annually until the expiration of the permit. (a-5) The fee for a driver's record or data contained therein is $20 and shall be disbursed as set forth in subsection (k) of Section 2-123 of this Code. (b) Any person whose license or privilege to operate a motor vehicle in this State has been suspended or revoked under Section 3-707, any provision of Chapter 6, Chapter 11, or Section 7-205, 7-303, or 7-702 of the Illinois Safety and Family Financial Responsibility Law of this Code, shall in addition to any other fees required by this Code, pay a reinstatement fee as follows: Suspension under Section 3-707 $100 Suspension under Section 11-1431$100 Summary suspension under Section 11-501.1$250 Suspension under Section 11-501.9$250 Summary revocation under Section 11-501.1$500 Other suspension$70 Revocation$500 However, any person whose license or privilege to operate a motor vehicle in this State has been suspended or revoked for a second or subsequent time for a violation of Section 11-501, 11-501.1, or 11-501.9 of this Code or a similar provision of a local ordinance or a similar out-of-state offense or Section 9-3 of the Criminal Code of 1961 or the Criminal Code of 2012 and each suspension or revocation was for a violation of Section 11-501, 11-501.1, or 11-501.9 of this Code or a similar provision of a local ordinance or a similar out-of-state offense or Section 9-3 of the Criminal Code of 1961 or the Criminal Code of 2012 shall pay, in addition to any other fees required by this Code, a reinstatement fee as follows: Summary suspension under Section 11-501.1$500 Suspension under Section 11-501.9$500 Summary revocation under Section 11-501.1$500 Revocation$500 (c) All fees collected under the provisions of this Chapter 6 shall be disbursed under subsection (g) of Section 2-119 of this Code, except as follows: 1. The following amounts shall be paid into the | ||
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(A) $16 of the $20 fee for an original driver's | ||
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(B) one-sixth of the fee for an original driver's | ||
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(C) one-sixth of the fee for a renewal driver's | ||
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(D) $4 of the $8 fee for a restricted driving | ||
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(E) $4 of the $8 fee for a monitoring device | ||
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2. $30 of the $250 fee for reinstatement of a license | ||
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3. $6 of the original or renewal fee for a commercial | ||
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4. $30 of the $70 fee for reinstatement of a license | ||
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5. The $5 fee for each original or renewal M or L | ||
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6. $20 of any original or renewal fee for a | ||
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7. The following amounts shall be paid into the | ||
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(A) $190 of the $250 reinstatement fee for a | ||
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(B) $40 of the $70 reinstatement fee for any | ||
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(C) $440 of the $500 reinstatement fee for a | ||
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8. Fees collected under paragraph (4) of subsection | ||
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(d) All of the proceeds of the additional fees imposed by Public Act 96-34 shall be deposited into the Capital Projects Fund. (e) The additional fees imposed by Public Act 96-38 shall become effective 90 days after becoming law. The additional fees imposed by Public Act 103-8 shall become effective July 1, 2023 and shall be paid into the Secretary of State Special Services Fund. (f) As used in this Section, "active-duty member of the United States Armed Forces" means a member of the Armed Services or Reserve Forces of the United States or a member of the Illinois National Guard who is called to active duty pursuant to an executive order of the President of the United States, an act of the Congress of the United States, or an order of the Governor. (Source: P.A. 103-8, eff. 7-1-23; 103-605, eff. 7-1-24; 103-872, eff. 1-1-25; 104-417, eff. 8-15-25; 104-435, eff. 11-21-25.) |
(625 ILCS 5/6-119) (from Ch. 95 1/2, par. 6-119)
Sec. 6-119. When fees returnable-drivers license.
(a) Whenever any application to the Secretary of State for a driver's license or permit under this Article is accompanied by
any fee as required by law and such application is refused or rejected after a review of eligibility, which may include facial recognition comparison, the applicant shall not be entitled to a refund of any fees paid. (a-5) If the Secretary of State determines that the volume of expedited driver's license requests received on a given day exceeds the ability of the Secretary to process those requests in an expedited manner, the Secretary may decline to provide expedited services, and the additional fee for the expedited service shall be refunded to the applicant.
(b) Whenever the Secretary of State through error collects any fee not
required to be paid hereunder, the same shall be refunded to the person
paying the same upon application therefor made within 6 months after the
date of such payment.
(c) Whenever a person dies after making application for a drivers
license or permit under this Article, application for a refund of the
drivers license or permit may be made if the person dies prior to the
effective date for which application has been made, and if the drivers
license or permit has never been used. The Secretary of State shall refund
the drivers license or permit fees upon receipt within 3 months after the
application for a drivers license or permit of an application for refund
accompanied with the drivers license or permit and proof of death of the
applicant.
(d) Any application for refund received after the times specified in
this Section shall be denied and the applicant in order to receive a refund
must apply to the Court of Claims.
(Source: P.A. 99-305, eff. 1-1-16.)
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(625 ILCS 5/6-120)
Sec. 6-120.
Inter-agency agreement for information.
Notwithstanding any
other provision of this Code, the Secretary of State shall enter into an
inter-agency agreement with the Department of Children and Family Services to
establish a procedure by which employees of the Department of Children and
Family Services may
have immediate access to driver's license records maintained by the Secretary
of
State if the Department of Children and Family Services determines the
information is necessary to perform
its duties under the Abused and Neglected Child
Reporting
Act, the Child Care Act of 1969, and the Children and Family Services Act.
(Source: P.A. 88-614, eff. 9-7-94.)
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(625 ILCS 5/6-121) Sec. 6-121. Issuance of confidential drivers' licenses. (a) Requirements for use of confidential drivers' licenses. Confidential drivers' licenses may be issued to local, state, and federal government agencies for bona fide law enforcement purposes. The drivers' licenses may be issued with fictitious names and addresses, and may be used only for confidential, investigative, or undercover law enforcement operations. Confidential drivers' licenses may be issued as REAL ID compliant or standard driver's licenses. (b) Application procedures for confidential drivers' licenses: (1) Applications by local, state, and federal | ||
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(2) The application form must include information, | ||
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(3) The application form must be signed and verified | ||
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(4) Registration information maintained by the | ||
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(c) Revocation and cancellation procedures for confidential drivers' licenses: (1) The Secretary of State Police Department may | ||
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(2) A government agency must request cancellation of | ||
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(3) All revoked confidential drivers' licenses must | ||
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(Source: P.A. 103-210, eff. 7-1-24.) |
(625 ILCS 5/6-122) Sec. 6-122. Expedited driver's license. The Secretary of State may provide for an expedited process for the issuance of a driver's license. The Secretary shall charge an additional fee for the issuance of an expedited driver's license, to be set by rule, not to exceed $75. All fees collected by the Secretary for expedited driver's license service shall be deposited into the Secretary of State Special Services Fund. The Secretary may adopt rules regarding the eligibility, process, and fee for an expedited driver's license.
(Source: P.A. 103-210, eff. 7-1-24.) |
(625 ILCS 5/Ch. 6 Art. II heading) ARTICLE II.
CANCELLATION, SUSPENSION, OR
REVOCATION OF LICENSES AND PERMITS
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(625 ILCS 5/6-201)
Sec. 6-201. Authority to cancel licenses and permits.
(a) The Secretary of State is authorized to cancel any license or permit
upon determining that the holder thereof:
1. was not entitled to the issuance thereof | ||
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2. failed to give the required or correct information | ||
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3. failed to pay any fees owed to the Secretary of | ||
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4. committed any fraud in the making of such | ||
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5. is ineligible therefor under the provisions of | ||
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6. has refused or neglected to submit an alcohol, | ||
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7. has been convicted of violating the Cannabis | ||
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8. failed to submit a report as required by Section | ||
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9. has been convicted of a sex offense as defined in | ||
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10. is ineligible for a license or permit under | ||
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11. refused or neglected to appear at a Driver | ||
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12. failed to submit a medical examiner's certificate | ||
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13. has had his or her medical examiner's | ||
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14. failed to self-certify as to the type of driving | ||
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15. has submitted acceptable documentation indicating | ||
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16. was convicted of fraud relating to the testing or | ||
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17. has a special restricted license under subsection | ||
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18. has a special restricted license under subsection | ||
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19. has assisted an out-of-state resident in | ||
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(b) Upon such cancellation the licensee or permittee must surrender the
license or permit so cancelled to the Secretary of State.
(c) Except as provided in Sections 6-206.1 and 7-702.1,
the Secretary of State
shall have exclusive authority to grant, issue, deny, cancel, suspend and
revoke driving privileges, drivers' licenses and restricted driving permits.
(d) The Secretary of State may adopt rules to implement this Section.
(Source: P.A. 101-623, eff. 7-1-20; 102-982, eff. 7-1-23.) |
(625 ILCS 5/6-202) (from Ch. 95 1/2, par. 6-202)
Sec. 6-202. Non-residents and Unlicensed Persons-Revocation and Suspension-Reporting
Convictions.
(a) The privilege of driving a motor vehicle on highways of this State
given to a nonresident hereunder and the privilege which an unlicensed
person might have to obtain a license under this Act shall be subject to
suspension or revocation by the Secretary of State in like manner and for
like cause as a drivers license issued hereunder may be suspended or
revoked.
(b) The Secretary of State is authorized, upon receiving a report of the
conviction in this State of a nonresident driver of a motor vehicle of any
offense under the laws of this State relating to operation, custody or
ownership of motor vehicles, to forward a copy or abstract of such report
to the motor vehicle administrator of the State wherein the person so
convicted is a resident.
(c) (Blank.)
(d) This section is subject to the provisions of the Driver License
Compact.
(Source: P.A. 96-962, eff. 7-2-10.)
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(625 ILCS 5/6-203) (from Ch. 95 1/2, par. 6-203)
Sec. 6-203.
Suspending or revoking license or privilege upon conviction in another
state.
The Secretary of State is authorized to suspend or revoke the license of
any resident of this State or the privilege of a nonresident to drive a
motor vehicle in this State upon receiving notice of the conviction of such
person in another State of an offense therein which, if committed in this
State would be grounds for the suspension or revocation of the license of a
driver.
This Section is subject to the provisions of the Driver License Compact.
(Source: P.A. 76-1586.)
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(625 ILCS 5/6-203.1) (from Ch. 95 1/2, par. 6-203.1)
Sec. 6-203.1.
(a) The Secretary of State is authorized to suspend, for the period set forth in Section 6-208.1, the
driving privileges of persons arrested in another state for driving under
the influence of alcohol, other drug or drugs, or intoxicating compound or
compounds, or any combination thereof, or a similar
provision, and who has refused to submit to a chemical test or tests under
the provisions of implied consent.
(b) When a driving privilege has been suspended for a refusal as
provided in paragraph (a) and the person is subsequently convicted of the
underlying charge, for the same incident, any period served on suspension
shall be credited toward the minimum period of revocation of driving
privileges imposed pursuant to Section 6-206.
(Source: P.A. 96-607, eff. 8-24-09.)
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(625 ILCS 5/6-204) (from Ch. 95 1/2, par. 6-204)
Sec. 6-204. When court to forward license and reports.
(a) For the purpose of providing to the Secretary of State the records
essential to the performance of the Secretary's duties under this Code to
cancel, revoke or suspend the driver's license and privilege to drive motor
vehicles of certain minors and of persons
found guilty of the criminal offenses or traffic violations
which this Code recognizes as evidence relating to unfitness to safely operate
motor vehicles, the following duties are imposed upon public officials:
(1) Whenever any person is convicted of any offense | ||
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(2) Whenever any person is convicted of any offense | ||
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The reporting requirements of this subsection shall | ||
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The reporting requirements of this subsection (a) | ||
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(3) Whenever an order is entered revoking pretrial | ||
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(4) A report of any disposition of court supervision | ||
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(5) Reports of conviction under this Code and | ||
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(b) Whenever a restricted driving permit is forwarded to a court, as a
result of confiscation by a police officer pursuant to the authority in
Section 6-113(f), it shall be the duty of the clerk, or judge, if the court
has no clerk, to forward such restricted driving permit and a facsimile of
the officer's citation to the Secretary of State as expeditiously as
practicable.
(c) For the purposes of this Code, a revocation of pretrial release that has not been vacated, or the failure of a defendant to appear for trial
after depositing his driver's license, shall be
equivalent to a conviction.
(d) For the purpose of providing the Secretary of State with records
necessary to properly monitor and assess driver performance and assist the
courts in the proper disposition of repeat traffic law offenders, the clerk
of the court shall forward to the Secretary of State,
on a form prescribed
by the Secretary, records of a driver's participation in a driver remedial
or rehabilitative program which was required, through a court order or court
supervision, in relation to the driver's arrest for a violation of Section
11-501 of this Code or a similar provision of a local ordinance.
The clerk of the court shall also forward to the Secretary, either on
paper or in an electronic format or a computer processible medium as required
under paragraph (5) of subsection (a) of this Section, any disposition
of court supervision for any traffic violation,
excluding those offenses listed in paragraph (2)
of subsection (a) of this Section.
These reports
shall be sent within 5
days after disposition, or, if
the driver is
referred to a driver
remedial or rehabilitative program, within 5 days of the driver's referral
to that program.
These reports received by the Secretary of State, including those required to
be forwarded under paragraph (a)(4), shall be privileged information, available
only (i) to the affected driver, (ii) to the parent or guardian of a person under the age of 18 years holding an instruction permit or a graduated driver's license, and (iii) for use by the courts, police
officers, prosecuting authorities, the Secretary of State, and the driver licensing administrator of any other state. In accordance with 49 C.F.R. Part 384, all reports of court supervision, except violations related to parking, shall be forwarded to the Secretary of State for all holders of a CLP or CDL or any driver who commits an offense while driving a commercial motor vehicle. These reports shall be recorded to the driver's record as a conviction for use in the disqualification of the driver's commercial motor vehicle privileges and shall not be privileged information.
(Source: P.A. 101-623, eff. 7-1-20; 101-652, eff. 1-1-23; 102-1104, eff. 1-1-23.)
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(625 ILCS 5/6-205)
Sec. 6-205. Mandatory revocation of license or permit; hardship cases.
(a) Except as provided in this Section, the Secretary of State shall
immediately revoke the license, permit, or driving privileges of
any driver upon receiving a
report of the driver's conviction of any of the following offenses:
1. Reckless homicide resulting from the operation of | ||
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2. Violation of Section 11-501 of this Code or a | ||
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3. Any felony under the laws of any State or the | ||
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4. Violation of Section 11-401 of this Code relating | ||
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5. Perjury or the making of a false affidavit or | ||
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6. Conviction upon 3 charges of violation of Section | ||
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7. Conviction of any offense defined in Section 4-102 | ||
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8. Violation of Section 11-504 of this Code relating | ||
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9. Violation of Chapters 8 and 9 of this Code;
10. Violation of Section 12-5 of the Criminal Code of | ||
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11. Violation of Section 11-204.1 of this Code | ||
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12. Violation of paragraph (1) of subsection (b) of | ||
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13. Violation of paragraph (a) of Section 11-502 of | ||
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14. Violation of paragraph (a) of Section 11-506 of | ||
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15. A second or subsequent conviction of driving | ||
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16. Any offense against any provision in this Code, | ||
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17. Violation of subsection (a-2) of Section | ||
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18. A second or subsequent conviction of illegal | ||
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19. Violation of subsection (a) of Section 11-1414 of | ||
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(b) The Secretary of State shall also immediately revoke the license
or permit of any driver in the following situations:
1. Of any minor upon receiving the notice provided | ||
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2. Of any person when any other law of this State | ||
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3. Of any person adjudicated under the Juvenile Court | ||
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(c)(1) Whenever a person is convicted of any of the offenses enumerated in
this Section, the court may recommend and the Secretary of State in his
discretion, without regard to whether the recommendation is made by the
court may, upon application,
issue to the person a
restricted driving permit granting the privilege of driving a motor
vehicle between the petitioner's residence and petitioner's place
of employment or within the scope of the petitioner's employment related
duties, or to allow the petitioner to transport himself or herself or a family member
of the petitioner's household to a medical facility for the receipt of necessary medical care or to allow the
petitioner to transport himself or herself to and from alcohol or drug remedial or rehabilitative activity recommended by a licensed service provider, or to allow the
petitioner to transport himself or herself or a family member of the petitioner's household to classes, as a student, at an accredited educational
institution, or to allow the petitioner to transport children, elderly persons, or persons with disabilities who do not hold driving privileges and are living in the petitioner's household to and from daycare; if the petitioner is able to demonstrate that no alternative means
of transportation is reasonably available and that the petitioner will not endanger
the public safety or welfare; provided that the Secretary's discretion shall be
limited to cases where undue hardship, as defined by the rules of the Secretary of State, would result from a failure to issue the
restricted driving permit.
(1.5) A person subject to the provisions of paragraph 4 of subsection (b) of Section 6-208 of this Code may make application for a restricted driving permit at a hearing conducted under Section 2-118 of this Code after the expiration of 5 years from the effective date of the most recent revocation, or after 5 years from the date of release from a period of imprisonment resulting from a conviction of the most recent offense, whichever is later, provided the person, in addition to all other requirements of the Secretary, shows by clear and convincing evidence: (A) a minimum of 3 years of uninterrupted | ||
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(B) the successful completion of any rehabilitative | ||
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In determining whether an applicant is eligible for a restricted driving permit under this paragraph (1.5), the Secretary may consider any relevant evidence, including, but not limited to, testimony, affidavits, records, and the results of regular alcohol or drug tests. Persons subject to the provisions of paragraph 4 of subsection (b) of Section 6-208 of this Code and who have been convicted of more than one violation of paragraph (3), paragraph (4), or paragraph (5) of subsection (a) of Section 11-501 of this Code shall not be eligible to apply for a restricted driving permit. A restricted driving permit issued under this paragraph (1.5) shall provide that the holder may only operate motor vehicles equipped with an ignition interlock device as required under paragraph (2) of subsection (c) of this Section and subparagraph (A) of paragraph 3 of subsection (c) of Section 6-206 of this Code. The Secretary may revoke a restricted driving permit or amend the conditions of a restricted driving permit issued under this paragraph (1.5) if the holder operates a vehicle that is not equipped with an ignition interlock device, or for any other reason authorized under this Code. A restricted driving permit issued under this paragraph (1.5) shall be revoked, and the holder barred from applying for or being issued a restricted driving permit in the future, if the holder is subsequently convicted of a violation of Section 11-501 of this Code, a similar provision of a local ordinance, or a similar offense in another state. (2) If a person's license or permit is revoked or suspended due to 2 or
more convictions of violating Section 11-501 of this Code or a similar
provision of a local ordinance or a similar out-of-state offense, or Section 9-3 of the Criminal Code of 1961 or the Criminal Code of 2012, where the use of alcohol or other drugs is recited as an element of the offense, or a similar out-of-state offense, or a combination of these offenses, arising out
of separate occurrences, that person, if issued a restricted driving permit,
may not operate a vehicle unless it has been equipped with an ignition
interlock device as defined in Section 1-129.1.
(3) If:
(A) a person's license or permit is revoked or | ||
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(i) a single conviction of violating Section | ||
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(ii) a statutory summary suspension or | ||
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(iii)
a suspension pursuant to Section 6-203.1;
arising out of
separate occurrences; or (B) a person has been convicted of one violation of | ||
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that person, if issued a restricted
driving permit, may not operate a vehicle unless it has been equipped with an
ignition interlock device as defined in Section 1-129.1. (4)
The person issued a permit conditioned on the use of an ignition interlock device must pay to the Secretary of State DUI Administration Fund an amount
not to exceed $30 per month. The Secretary shall establish by rule the amount
and the procedures, terms, and conditions relating to these fees. (5)
If the restricted driving permit is issued for employment purposes, then
the prohibition against operating a motor vehicle that is not equipped with an ignition interlock device does not apply to the operation of an occupational vehicle
owned or leased by that person's employer when used solely for employment purposes. For any person who, within a 5-year period, is convicted of a second or subsequent offense under Section 11-501 of this Code, or a similar provision of a local ordinance or similar out-of-state offense, this employment exemption does not apply until either a one-year period has elapsed during which that person had his or her driving privileges revoked or a one-year period has elapsed during which that person had a restricted driving permit which required the use of an ignition interlock device on every motor vehicle owned or operated by that person. (6)
In each case the Secretary of State may issue a
restricted driving permit for a period he deems appropriate, except that the
permit shall expire no later than 2 years from the date of issuance. A restricted
driving permit issued under this Section shall be
subject to cancellation, revocation, and suspension by the Secretary of
State in like manner and for like cause as a driver's license issued
under this Code may be cancelled, revoked, or
suspended; except that a conviction upon one or more offenses against laws or
ordinances regulating the movement of traffic shall be deemed sufficient cause
for the revocation, suspension, or cancellation of a restricted driving permit.
The Secretary of State may, as a condition to the issuance of a restricted
driving permit, require the petitioner to participate in a designated driver
remedial or rehabilitative program. The Secretary of State is authorized to
cancel a restricted driving permit if the permit holder does not successfully
complete the program. However, if an individual's driving privileges have been
revoked in accordance with paragraph 13 of subsection (a) of this Section, no
restricted driving permit shall be issued until the individual has served 6
months of the revocation period.
(c-5) (Blank).
(c-6) If a person is convicted of a second violation of operating a motor vehicle while the person's driver's license, permit or privilege was revoked, where the revocation was for a violation of Section 9-3 of the Criminal Code of 1961 or the Criminal Code of 2012 relating to the offense of reckless homicide or a similar out-of-state offense, the person's driving privileges shall be revoked pursuant to subdivision (a)(15) of this Section. The person may not make application for a license or permit until the expiration of five years from the effective date of the revocation or the expiration of five years from the date of release from a term of imprisonment, whichever is later. (c-7) If a person is convicted of a third or subsequent violation of operating a motor vehicle while the person's driver's license, permit or privilege was revoked, where the revocation was for a violation of Section 9-3 of the Criminal Code of 1961 or the Criminal Code of 2012 relating to the offense of reckless homicide or a similar out-of-state offense, the person may never apply for a license or permit. (d)(1) Whenever a person under the age of 21 is convicted under Section
11-501 of this Code or a similar provision of a local ordinance or a similar out-of-state offense, the
Secretary of State shall revoke the driving privileges of that person. One
year after the date of revocation, and upon application, the Secretary of
State may, if satisfied that the person applying will not endanger the
public safety or welfare, issue a restricted driving permit granting the
privilege of driving a motor vehicle only between the hours of 5 a.m. and 9
p.m. or as otherwise provided by this Section for a period of one year.
After this one-year period, and upon reapplication for a license as
provided in Section 6-106, upon payment of the appropriate reinstatement
fee provided under paragraph (b) of Section 6-118, the Secretary of State,
in his discretion, may
reinstate the petitioner's driver's license and driving privileges, or extend the restricted driving permit as many times as the
Secretary of State deems appropriate, by additional periods of not more than
24 months each.
(2) If a person's license or permit is revoked or suspended due to 2 or
more convictions of violating Section 11-501 of this Code or a similar
provision of a local ordinance or a similar out-of-state offense, or Section 9-3 of the Criminal Code of 1961 or the Criminal Code of 2012, where the use of alcohol or other drugs is recited as an element of the offense, or a similar out-of-state offense, or a combination of these offenses, arising out
of separate occurrences, that person, if issued a restricted driving permit,
may not operate a vehicle unless it has been equipped with an ignition
interlock device as defined in Section 1-129.1.
(3) If a person's license or permit is revoked or suspended 2 or more times
due to any combination of: (A) a single conviction of violating Section 11-501 | ||
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(B) a statutory summary suspension or revocation | ||
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(C) a suspension pursuant to Section 6-203.1;arising out of separate occurrences, that person, if issued a
restricted
driving permit, may not operate a vehicle unless it has been equipped with an
ignition interlock device as defined in Section 1-129.1. (3.5) If a person's license or permit is revoked or suspended due to a conviction for a violation of subparagraph (C) or (F) of paragraph (1) of subsection (d) of Section 11-501 of this Code, or a similar provision of a local ordinance or similar out-of-state offense, that person, if issued a restricted driving permit, may not operate a vehicle unless it has been equipped with an ignition interlock device as defined in Section 1-129.1. (4)
The person issued a permit conditioned upon the use of an interlock device must pay to the Secretary of State DUI Administration Fund an amount
not to exceed $30 per month. The Secretary shall establish by rule the amount
and the procedures, terms, and conditions relating to these fees. (5)
If the restricted driving permit is issued for employment purposes, then
the prohibition against driving a vehicle that is not equipped with an ignition interlock device does not apply to the operation of an occupational vehicle
owned or leased by that person's employer when used solely for employment purposes. For any person who, within a 5-year period, is convicted of a second or subsequent offense under Section 11-501 of this Code, or a similar provision of a local ordinance or similar out-of-state offense, this employment exemption does not apply until either a one-year period has elapsed during which that person had his or her driving privileges revoked or a one-year period has elapsed during which that person had a restricted driving permit which required the use of an ignition interlock device on every motor vehicle owned or operated by that person. (6) A
restricted driving permit issued under this Section shall be subject to
cancellation, revocation, and suspension by the Secretary of State in like
manner and for like cause as a driver's license issued under this Code may be
cancelled, revoked, or suspended; except that a conviction upon one or more
offenses against laws or ordinances regulating the movement of traffic
shall be deemed sufficient cause for the revocation, suspension, or
cancellation of a restricted driving permit.
(d-5) The revocation of the license, permit, or driving privileges of a person convicted of a third or subsequent violation of Section 6-303 of this Code committed while his or her driver's license, permit, or privilege was revoked because of a violation of Section 9-3 of the Criminal Code of 1961 or the Criminal Code of 2012, relating to the offense of reckless homicide, or a similar provision of a law of another state, is permanent. The Secretary may not, at any time, issue a license or permit to that person.
(e) This Section is subject to the provisions of the Driver License
Compact.
(f) Any revocation imposed upon any person under subsections 2
and 3 of paragraph (b) that is in effect on December 31, 1988 shall be
converted to a suspension for a like period of time.
(g) The Secretary of State shall not issue a restricted driving permit to
a person under the age of 16 years whose driving privileges have been revoked
under any provisions of this Code.
(h) The Secretary of State shall require the use of ignition interlock
devices for a period not less than 5 years on all vehicles owned by a person who has been convicted of a
second or subsequent offense under Section 11-501 of this Code or a similar
provision of a local ordinance. The person must pay to the Secretary of State DUI Administration Fund an amount not to exceed $30 for each month that he or she uses the device. The Secretary shall establish by rule and
regulation the procedures for certification and use of the interlock
system, the amount of the fee, and the procedures, terms, and conditions relating to these fees. During the time period in which a person is required to install an ignition interlock device under this subsection (h), that person shall only operate vehicles in which ignition interlock devices have been installed, except as allowed by subdivision (c)(5) or (d)(5) of this Section. Regardless of whether an exemption under subdivision (c) (5) or (d) (5) applies, every person subject to this subsection shall not be eligible for reinstatement until the person installs an ignition interlock device and maintains the ignition interlock device for 5 years.
(i) (Blank).
(j) In accordance with 49 C.F.R. 384, the Secretary of State may not issue a restricted driving permit for the operation of a commercial motor vehicle to a person holding a CDL whose driving privileges have been revoked, suspended, cancelled, or disqualified under any provisions of this Code.
(k) The Secretary of State shall notify by mail any person whose driving privileges have been revoked under paragraph 16 of subsection (a) of this Section that his or her driving privileges and driver's license will be revoked 90 days from the date of the mailing of the notice.(Source: P.A. 101-623, eff. 7-1-20; 102-299, eff. 8-6-21; 102-982, eff. 7-1-23.) |
(625 ILCS 5/6-205.1)
Sec. 6-205.1.
(Repealed).
(Source: P.A. 90-590, eff. 1-1-99. Repealed by P.A. 92-458, eff. 8-22-01.)
|
(625 ILCS 5/6-205.2)
Sec. 6-205.2. (Repealed).
(Source: P.A. 97-1150, eff. 1-25-13. Repealed by P.A. 101-623, eff. 7-1-20.) |
(625 ILCS 5/6-206) (Text of Section from P.A. 103-1071) Sec. 6-206. Discretionary authority to suspend or revoke license or permit; right to a hearing. (a) The Secretary of State is authorized to suspend or revoke the driving privileges of any person without preliminary hearing upon a showing of the person's records or other sufficient evidence that the person: 1. Has committed an offense for which mandatory | ||
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2. Has been convicted of not less than 3 offenses | ||
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3. Has been repeatedly involved as a driver in motor | ||
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4. Has by the unlawful operation of a motor vehicle | ||
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5. Has permitted an unlawful or fraudulent use of a | ||
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6. Has been lawfully convicted of an offense or | ||
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7. Has refused or failed to submit to an examination | ||
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8. Is ineligible for a driver's license or permit | ||
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9. Has made a false statement or knowingly concealed | ||
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10. Has possessed, displayed, or attempted to | ||
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11. Has operated a motor vehicle upon a highway of | ||
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12. Has submitted to any portion of the application | ||
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13. Has operated a motor vehicle upon a highway of | ||
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14. Has committed a violation of Section 6-301, | ||
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15. Has been convicted of violating Section 21-2 of | ||
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16. Has been convicted of violating Section 11-204 of | ||
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17. Has refused to submit to a test, or tests, as | ||
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18. (Blank); 19. Has committed a violation of paragraph (a) or (b) | ||
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20. Has been convicted of violating Section 6-104 | ||
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21. Has been convicted of violating Section 11-402 of | ||
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22. Has used a motor vehicle in violating paragraph | ||
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23. Has, as a driver, been convicted of committing a | ||
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24. Has been convicted by a court-martial or punished | ||
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25. Has permitted any form of identification to be | ||
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26. Has altered or attempted to alter a license or | ||
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27. (Blank); 28. Has been convicted for a first time of the | ||
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29. Has been convicted of the following offenses that | ||
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30. Has been convicted a second or subsequent time | ||
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31. Has refused to submit to a test as required by | ||
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32. Has been convicted of Section 24-1.2 of the | ||
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33. Has as a driver, who was less than 21 years of | ||
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34. Has committed a violation of Section 11-1301.5 of | ||
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35. Has committed a violation of Section 11-1301.6 of | ||
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36. Is under the age of 21 years at the time of | ||
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37. Has committed a violation of subsection (c) of | ||
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38. Has been convicted of a violation of Section 6-20 | ||
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39. Has committed a second or subsequent violation of | ||
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40. Has committed a violation of subsection (a-1) of | ||
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41. Has committed a second or subsequent violation of | ||
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42. Has committed a violation of subsection (a-1) of | ||
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43. Has received a disposition of court supervision | ||
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44. Is under the age of 21 years at the time of | ||
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45. Has, in connection with or during the course of a | ||
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46. Has committed a violation of subsection (j) of | ||
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47. Has committed a violation of subsection (a) of | ||
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48. Has submitted a falsified or altered medical | ||
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49. Has been convicted of a violation of Section | ||
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50. Has committed a violation of subsection (b-5) of | ||
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51. Has committed a violation of Section 10-15 Of the | ||
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52. Has committed a violation of subsection (b) of | ||
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For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26, and 27 of this subsection, license means any driver's license, any traffic ticket issued when the person's driver's license is deposited in lieu of bail, a suspension notice issued by the Secretary of State, a duplicate or corrected driver's license, a probationary driver's license, or a temporary driver's license. (b) If any conviction forming the basis of a suspension or revocation authorized under this Section is appealed, the Secretary of State may rescind or withhold the entry of the order of suspension or revocation, as the case may be, provided that a certified copy of a stay order of a court is filed with the Secretary of State. If the conviction is affirmed on appeal, the date of the conviction shall relate back to the time the original judgment of conviction was entered and the 6-month limitation prescribed shall not apply. (c) 1. Upon suspending or revoking the driver's license or permit of any person as authorized in this Section, the Secretary of State shall immediately notify the person in writing of the revocation or suspension. The notice to be deposited in the United States mail, postage prepaid, to the last known address of the person. 2. If the Secretary of State suspends the driver's license of a person under subsection 2 of paragraph (a) of this Section, a person's privilege to operate a vehicle as an occupation shall not be suspended, provided an affidavit is properly completed, the appropriate fee received, and a permit issued prior to the effective date of the suspension, unless 5 offenses were committed, at least 2 of which occurred while operating a commercial vehicle in connection with the driver's regular occupation. All other driving privileges shall be suspended by the Secretary of State. Any driver prior to operating a vehicle for occupational purposes only must submit the affidavit on forms to be provided by the Secretary of State setting forth the facts of the person's occupation. The affidavit shall also state the number of offenses committed while operating a vehicle in connection with the driver's regular occupation. The affidavit shall be accompanied by the driver's license. Upon receipt of a properly completed affidavit, the Secretary of State shall issue the driver a permit to operate a vehicle in connection with the driver's regular occupation only. Unless the permit is issued by the Secretary of State prior to the date of suspension, the privilege to drive any motor vehicle shall be suspended as set forth in the notice that was mailed under this Section. If an affidavit is received subsequent to the effective date of this suspension, a permit may be issued for the remainder of the suspension period. The provisions of this subparagraph shall not apply to any driver required to possess a CDL for the purpose of operating a commercial motor vehicle. Any person who falsely states any fact in the affidavit required herein shall be guilty of perjury under Section 6-302 and upon conviction thereof shall have all driving privileges revoked without further rights. 3. At the conclusion of a hearing under Section 2-118 of this Code, the Secretary of State shall either rescind or continue an order of revocation or shall substitute an order of suspension; or, good cause appearing therefor, rescind, continue, change, or extend the order of suspension. If the Secretary of State does not rescind the order, the Secretary may upon application, to relieve undue hardship (as defined by the rules of the Secretary of State), issue a restricted driving permit granting the privilege of driving a motor vehicle between the petitioner's residence and petitioner's place of employment or within the scope of the petitioner's employment-related duties, or to allow the petitioner to transport himself or herself, or a family member of the petitioner's household to a medical facility, to receive necessary medical care, to allow the petitioner to transport himself or herself to and from alcohol or drug remedial or rehabilitative activity recommended by a licensed service provider, or to allow the petitioner to transport himself or herself or a family member of the petitioner's household to classes, as a student, at an accredited educational institution, or to allow the petitioner to transport children, elderly persons, or persons with disabilities who do not hold driving privileges and are living in the petitioner's household to and from daycare. The petitioner must demonstrate that no alternative means of transportation is reasonably available and that the petitioner will not endanger the public safety or welfare. (A) If a person's license or permit is revoked or | ||
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(B) If a person's license or permit is revoked or | ||
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(i) a single conviction of violating Section | ||
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(ii) a statutory summary suspension or revocation | ||
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(iii) a suspension under Section 6-203.1; arising out of separate occurrences; that person, if | ||
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(B-5) If a person's license or permit is revoked or | ||
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(C) The person issued a permit conditioned upon the | ||
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(D) If the restricted driving permit is issued for | ||
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(E) In each case the Secretary may issue a restricted | ||
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(F) A person subject to the provisions of paragraph 4 | ||
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(i) a minimum of 3 years of uninterrupted | ||
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(ii) the successful completion of any | ||
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In determining whether an applicant is eligible for a | ||
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A restricted driving permit issued under this | ||
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A restricted driving permit issued under this | ||
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(c-3) In the case of a suspension under paragraph 43 of subsection (a), reports received by the Secretary of State under this Section shall, except during the actual time the suspension is in effect, be privileged information and for use only by the courts, police officers, prosecuting authorities, the driver licensing administrator of any other state, the Secretary of State, or the parent or legal guardian of a driver under the age of 18. However, beginning January 1, 2008, if the person is a CDL holder, the suspension shall also be made available to the driver licensing administrator of any other state, the U.S. Department of Transportation, and the affected driver or motor carrier or prospective motor carrier upon request. (c-4) In the case of a suspension under paragraph 43 of subsection (a), the Secretary of State shall notify the person by mail that his or her driving privileges and driver's license will be suspended one month after the date of the mailing of the notice. (c-5) The Secretary of State may, as a condition of the reissuance of a driver's license or permit to an applicant whose driver's license or permit has been suspended before he or she reached the age of 21 years pursuant to any of the provisions of this Section, require the applicant to participate in a driver remedial education course and be retested under Section 6-109 of this Code. (d) This Section is subject to the provisions of the Driver License Compact. (e) The Secretary of State shall not issue a restricted driving permit to a person under the age of 16 years whose driving privileges have been suspended or revoked under any provisions of this Code. (f) In accordance with 49 CFR 384, the Secretary of State may not issue a restricted driving permit for the operation of a commercial motor vehicle to a person holding a CDL whose driving privileges have been suspended, revoked, cancelled, or disqualified under any provisions of this Code.(Source: P.A. 102-299, eff. 8-6-21; 102-558, eff. 8-20-21; 102-749, eff. 1-1-23; 102-813, eff. 5-13-22; 102-982, eff. 7-1-23; 103-154, eff. 6-30-23; 103-1071, eff. 7-1-25.) (Text of Section from P.A. 104-400) Sec. 6-206. Discretionary authority to suspend or revoke license or permit; right to a hearing. (a) The Secretary of State is authorized to suspend or revoke the driving privileges of any person without preliminary hearing upon a showing of the person's records or other sufficient evidence that the person: 1. Has committed an offense for which mandatory | ||
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2. Has been convicted of not less than 3 offenses | ||
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3. Has been repeatedly involved as a driver in motor | ||
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4. Has by the unlawful operation of a motor vehicle | ||
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5. Has permitted an unlawful or fraudulent use of a | ||
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6. Has been lawfully convicted of an offense or | ||
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7. Has refused or failed to submit to an examination | ||
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8. Is ineligible for a driver's license or permit | ||
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9. Has made a false statement or knowingly concealed | ||
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10. Has possessed, displayed, or attempted to | ||
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11. Has operated a motor vehicle upon a highway of | ||
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12. Has submitted to any portion of the application | ||
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13. Has operated a motor vehicle upon a highway of | ||
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14. Has committed a violation of Section 6-301, | ||
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15. Has been convicted of violating Section 21-2 of | ||
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16. Has been convicted of violating Section 11-204 of | ||
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17. Has refused to submit to a test, or tests, as | ||
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18. (Blank); 19. Has committed a violation of paragraph (a) or (b) | ||
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20. Has been convicted of violating Section 6-104 | ||
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21. Has been convicted of violating Section 11-402 of | ||
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22. Has used a motor vehicle in violating paragraph | ||
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23. Has, as a driver, been convicted of committing a | ||
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24. Has been convicted by a court-martial or punished | ||
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25. Has permitted any form of identification to be | ||
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26. Has altered or attempted to alter a license or | ||
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27. (Blank); 28. Has been convicted for a first time of the | ||
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29. Has been convicted of the following offenses that | ||
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30. Has been convicted a second or subsequent time | ||
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31. Has refused to submit to a test as required by | ||
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32. Has been convicted of Section 24-1.2 of the | ||
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33. Has as a driver, who was less than 21 years of | ||
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34. Has committed a violation of Section 11-1301.5 of | ||
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35. Has committed a violation of Section 11-1301.6 of | ||
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36. Is under the age of 21 years at the time of | ||
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37. Has committed a violation of subsection (c), | ||
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38. Has been convicted of a violation of Section 6-20 | ||
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39. Has committed a second or subsequent violation of | ||
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40. Has committed a violation of subsection (a-1) of | ||
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41. Has committed a second or subsequent violation of | ||
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42. Has committed a violation of subsection (a-1) of | ||
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43. Has received a disposition of court supervision | ||
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44. Is under the age of 21 years at the time of | ||
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45. Has, in connection with or during the course of a | ||
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46. Has committed a violation of subsection (j) of | ||
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47. Has committed a violation of subsection (a) of | ||
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48. Has submitted a falsified or altered medical | ||
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49. Has been convicted of a violation of Section | ||
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50. Has committed a violation of subsection (b-5) of | ||
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51. Has committed a violation of Section 10-15 Of the | ||
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52. Has committed a violation of subsection (b) of | ||
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For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26, and 27 of this subsection, license means any driver's license, any traffic ticket issued when the person's driver's license is deposited in lieu of bail, a suspension notice issued by the Secretary of State, a duplicate or corrected driver's license, a probationary driver's license, or a temporary driver's license. (b) If any conviction forming the basis of a suspension or revocation authorized under this Section is appealed, the Secretary of State may rescind or withhold the entry of the order of suspension or revocation, as the case may be, provided that a certified copy of a stay order of a court is filed with the Secretary of State. If the conviction is affirmed on appeal, the date of the conviction shall relate back to the time the original judgment of conviction was entered and the 6-month limitation prescribed shall not apply. (c) 1. Upon suspending or revoking the driver's license or permit of any person as authorized in this Section, the Secretary of State shall immediately notify the person in writing of the revocation or suspension. The notice to be deposited in the United States mail, postage prepaid, to the last known address of the person. 2. If the Secretary of State suspends the driver's license of a person under subsection 2 of paragraph (a) of this Section, a person's privilege to operate a vehicle as an occupation shall not be suspended, provided an affidavit is properly completed, the appropriate fee received, and a permit issued prior to the effective date of the suspension, unless 5 offenses were committed, at least 2 of which occurred while operating a commercial vehicle in connection with the driver's regular occupation. All other driving privileges shall be suspended by the Secretary of State. Any driver prior to operating a vehicle for occupational purposes only must submit the affidavit on forms to be provided by the Secretary of State setting forth the facts of the person's occupation. The affidavit shall also state the number of offenses committed while operating a vehicle in connection with the driver's regular occupation. The affidavit shall be accompanied by the driver's license. Upon receipt of a properly completed affidavit, the Secretary of State shall issue the driver a permit to operate a vehicle in connection with the driver's regular occupation only. Unless the permit is issued by the Secretary of State prior to the date of suspension, the privilege to drive any motor vehicle shall be suspended as set forth in the notice that was mailed under this Section. If an affidavit is received subsequent to the effective date of this suspension, a permit may be issued for the remainder of the suspension period. The provisions of this subparagraph shall not apply to any driver required to possess a CDL for the purpose of operating a commercial motor vehicle. Any person who falsely states any fact in the affidavit required herein shall be guilty of perjury under Section 6-302 and upon conviction thereof shall have all driving privileges revoked without further rights. 3. At the conclusion of a hearing under Section 2-118 of this Code, the Secretary of State shall either rescind or continue an order of revocation or shall substitute an order of suspension; or, good cause appearing therefor, rescind, continue, change, or extend the order of suspension. If the Secretary of State does not rescind the order, the Secretary may upon application, to relieve undue hardship (as defined by the rules of the Secretary of State), issue a restricted driving permit granting the privilege of driving a motor vehicle between the petitioner's residence and petitioner's place of employment or within the scope of the petitioner's employment-related duties, or to allow the petitioner to transport himself or herself, or a family member of the petitioner's household to a medical facility, to receive necessary medical care, to allow the petitioner to transport himself or herself to and from alcohol or drug remedial or rehabilitative activity recommended by a licensed service provider, or to allow the petitioner to transport himself or herself or a family member of the petitioner's household to classes, as a student, at an accredited educational institution, or to allow the petitioner to transport children, elderly persons, or persons with disabilities who do not hold driving privileges and are living in the petitioner's household to and from daycare. The petitioner must demonstrate that no alternative means of transportation is reasonably available and that the petitioner will not endanger the public safety or welfare. (A) If a person's license or permit is revoked or | ||
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(B) If a person's license or permit is revoked or | ||
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(i) a single conviction of violating Section | ||
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(ii) a statutory summary suspension or revocation | ||
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(iii) a suspension under Section 6-203.1; arising out of separate occurrences; that person, if | ||
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(B-5) If a person's license or permit is revoked or | ||
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(C) The person issued a permit conditioned upon the | ||
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(D) If the restricted driving permit is issued for | ||
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(E) In each case the Secretary may issue a restricted | ||
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(F) A person subject to the provisions of paragraph 4 | ||
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(i) a minimum of 3 years of uninterrupted | ||
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(ii) the successful completion of any | ||
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In determining whether an applicant is eligible for a | ||
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A restricted driving permit issued under this | ||
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A restricted driving permit issued under this | ||
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(c-3) In the case of a suspension under paragraph 43 of subsection (a), reports received by the Secretary of State under this Section shall, except during the actual time the suspension is in effect, be privileged information and for use only by the courts, police officers, prosecuting authorities, the driver licensing administrator of any other state, the Secretary of State, or the parent or legal guardian of a driver under the age of 18. However, beginning January 1, 2008, if the person is a CDL holder, the suspension shall also be made available to the driver licensing administrator of any other state, the U.S. Department of Transportation, and the affected driver or motor carrier or prospective motor carrier upon request. (c-4) In the case of a suspension under paragraph 43 of subsection (a), the Secretary of State shall notify the person by mail that his or her driving privileges and driver's license will be suspended one month after the date of the mailing of the notice. (c-5) The Secretary of State may, as a condition of the reissuance of a driver's license or permit to an applicant whose driver's license or permit has been suspended before he or she reached the age of 21 years pursuant to any of the provisions of this Section, require the applicant to participate in a driver remedial education course and be retested under Section 6-109 of this Code. (d) This Section is subject to the provisions of the Driver License Compact. (e) The Secretary of State shall not issue a restricted driving permit to a person under the age of 16 years whose driving privileges have been suspended or revoked under any provisions of this Code. (f) In accordance with 49 CFR 384, the Secretary of State may not issue a restricted driving permit for the operation of a commercial motor vehicle to a person holding a CDL whose driving privileges have been suspended, revoked, cancelled, or disqualified under any provisions of this Code.(Source: P.A. 103-154, eff. 6-30-23; 103-822, eff. 1-1-25; 104-400, eff. 6-1-26.) |
(625 ILCS 5/6-206.1) (from Ch. 95 1/2, par. 6-206.1) Sec. 6-206.1. Monitoring Device Driving Permit. Declaration of Policy. It is hereby declared a policy of the
State of Illinois that the driver who is impaired by alcohol, other drug or
drugs, or intoxicating compound or compounds is a
threat to the public safety and welfare. Therefore, to
provide a deterrent to such practice, a statutory summary driver's license suspension is appropriate.
It is also recognized that driving is a privilege and therefore, that the granting of driving privileges, in a manner consistent with public
safety, is warranted during the period of suspension in the form of a monitoring device driving permit. A person who drives and fails to comply with the requirements of the monitoring device driving permit commits a violation of Section 6-303 of this Code. The following procedures shall apply whenever
a first offender, as defined in Section 11-500 of this Code, is arrested for any offense as defined in Section 11-501
or a similar provision of a local ordinance and is subject to the provisions of Section 11-501.1: (a) Upon mailing of the notice of suspension of driving privileges as provided in subsection (h) of Section 11-501.1 of this Code, the Secretary shall also send written notice informing the person that he or she will be issued a monitoring device driving permit (MDDP). The notice shall include, at minimum, information summarizing the procedure to be followed for issuance of the MDDP, installation of the breath alcohol ignition installation device (BAIID), as provided in this Section, exemption from BAIID installation requirements, and procedures to be followed by those seeking indigent status, as provided in this Section. The notice shall also include information summarizing the procedure to be followed if the person wishes to decline issuance of the MDDP. A copy of the notice shall also be sent to the court of venue together with the notice of suspension of driving privileges, as provided in subsection (h) of Section 11-501. However, a MDDP shall not be issued if the Secretary finds that:
(1) the offender's driver's license is otherwise | ||
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(2) death or great bodily harm to another resulted | ||
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(3) the offender has been previously convicted of | ||
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(4) the offender is less than 18 years of age. Any offender participating in the MDDP program must pay the Secretary a MDDP Administration Fee in an amount not to exceed $30 per month, to be deposited into the Monitoring Device Driving Permit Administration Fee Fund. The Secretary shall establish by rule the amount and the procedures, terms, and conditions relating to these fees. The offender must have an ignition interlock device installed within 14 days of the date the Secretary issues the MDDP. The ignition interlock device provider must notify the Secretary, in a manner and form prescribed by the Secretary, of the installation. If the Secretary does not receive notice of installation, the Secretary shall cancel the MDDP.
Upon receipt of the notice, as provided in paragraph (a) of this Section, the person may file a petition to decline issuance of the MDDP with the court of venue. The court shall admonish the offender of all consequences of declining issuance of the MDDP including, but not limited to, the enhanced penalties for driving while suspended. After being so admonished, the offender shall be permitted, in writing, to execute a notice declining issuance of the MDDP. This notice shall be filed with the court and forwarded by the clerk of the court to the Secretary. The offender may, at any time thereafter, apply to the Secretary for issuance of a MDDP. (a-1) A person issued a MDDP may drive for any purpose and at any time, subject to the rules adopted by the Secretary under subsection (g). The person must, at his or her own expense, drive only vehicles equipped with an ignition interlock device as defined in Section 1-129.1, but in no event shall such person drive a commercial motor vehicle. (a-2) Persons who are issued a MDDP and must drive employer-owned vehicles in the course of their employment duties may seek permission to drive an employer-owned vehicle that does not have an ignition interlock device. The employer shall provide to the Secretary a form, as prescribed by the Secretary, completed by the employer verifying that the employee must drive an employer-owned vehicle in the course of employment. If approved by the Secretary, the form must be in the driver's possession while operating an employer-owner vehicle not equipped with an ignition interlock device. No person may use this exemption to drive a school bus, school vehicle, or a vehicle designed to transport more than 15 passengers. No person may use this exemption to drive an employer-owned motor vehicle that is owned by an entity that is wholly or partially owned by the person holding the MDDP, or by a family member of the person holding the MDDP. No person may use this exemption to drive an employer-owned vehicle that is made available to the employee for personal use. No person may drive the exempted vehicle more than 12 hours per day, 6 days per week.
(a-3) Persons who are issued a MDDP and who must drive a farm tractor to and from a farm, within 50 air miles from the originating farm are exempt from installation of a BAIID on the farm tractor, so long as the farm tractor is being used for the exclusive purpose of conducting farm operations. (b) (Blank). (c) (Blank).
(c-1) If the holder of the MDDP is convicted of or receives court supervision for a violation of Section 6-206.2, 6-303, 11-204, 11-204.1, 11-401, 11-501, 11-503, 11-506 or a similar provision of a local ordinance or a similar out-of-state offense or is convicted of or receives court supervision for any offense for which alcohol or drugs is an element of the offense and in which a motor vehicle was involved (for an arrest other than the one for which the MDDP is issued), or de-installs the BAIID without prior authorization from the Secretary, the MDDP shall be cancelled. (c-5) If the Secretary determines that the person seeking the MDDP is indigent, the Secretary shall provide the person with a written document as evidence of that determination, and the person shall provide that written document to an ignition interlock device provider. The provider shall install an ignition interlock device on that person's vehicle without charge to the person, and seek reimbursement from the Indigent BAIID Fund.
If the Secretary has deemed an offender indigent, the BAIID provider shall also provide the normal monthly monitoring services and the de-installation without charge to the offender and seek reimbursement from the Indigent BAIID Fund. Any other monetary charges, such as a lockout fee or reset fee, shall be the responsibility of the MDDP holder. A BAIID provider may not seek a security deposit from the Indigent BAIID Fund. (d) MDDP information
shall be available only to the courts, police officers, and the Secretary, except during the actual period the MDDP is valid, during which
time it shall be a public record. (e) (Blank). (f) (Blank). (g) The Secretary shall adopt rules for implementing this Section. The rules adopted shall address issues including, but not limited to: compliance with the requirements of the MDDP; methods for determining compliance with those requirements; the consequences of noncompliance with those requirements; what constitutes a violation of the MDDP; methods for determining indigency; and the duties of a person or entity that supplies the ignition interlock device. (h) The rules adopted under subsection (g) shall provide, at a minimum, that the person is not in compliance with the requirements of the MDDP if he or she: (1) tampers or attempts to tamper with or circumvent | ||
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(2) provides valid breath samples that register blood | ||
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(3) fails to provide evidence sufficient to satisfy | ||
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(4) fails to follow any other applicable rules | ||
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(i) Any person or entity that supplies an ignition interlock device as provided under this Section shall, in addition to supplying only those devices which fully comply with all the rules adopted under subsection (g), provide the Secretary, within 7 days of inspection, all monitoring reports of each person who has had an ignition interlock device installed. These reports shall be furnished in a manner or form as prescribed by the Secretary. (j) Upon making a determination that a violation of the requirements of the MDDP has occurred, the Secretary shall extend the summary suspension period for an additional 3 months beyond the originally imposed summary suspension period, during which time the person shall only be allowed to drive vehicles equipped with an ignition interlock device; provided further there are no limitations on the total number of times the summary suspension may be extended. The Secretary may, however, limit the number of extensions imposed for violations occurring during any one monitoring period, as set forth by rule. Any person whose summary suspension is extended pursuant to this Section shall have the right to contest the extension through a hearing with the Secretary, pursuant to Section 2-118 of this Code. If the summary suspension has already terminated prior to the Secretary receiving the monitoring report that shows a violation, the Secretary shall be authorized to suspend the person's driving privileges for 3 months, provided that the Secretary may, by rule, limit the number of suspensions to be entered pursuant to this paragraph for violations occurring during any one monitoring period. Any person whose license is suspended pursuant to this paragraph, after the summary suspension had already terminated, shall have the right to contest the suspension through a hearing with the Secretary, pursuant to Section 2-118 of this Code. The only permit the person shall be eligible for during this new suspension period is a MDDP. (k) A person who has had his or her summary suspension extended for the third time, or has any combination of 3 extensions and new suspensions, entered as a result of a violation that occurred while holding the MDDP, so long as the extensions and new suspensions relate to the same summary suspension, shall have his or her vehicle impounded for a period of 30 days, at the person's own expense. A person who has his or her summary suspension extended for the fourth time, or has any combination of 4 extensions and new suspensions, entered as a result of a violation that occurred while holding the MDDP, so long as the extensions and new suspensions relate to the same summary suspension, shall have his or her vehicle subject to seizure and forfeiture. The Secretary shall notify the prosecuting authority of any third or fourth extensions or new suspension entered as a result of a violation that occurred while the person held a MDDP. Upon receipt of the notification, the prosecuting authority shall impound or forfeit the vehicle. The impoundment or forfeiture of a vehicle shall be conducted pursuant to the procedure specified in Article 36 of the Criminal Code of 2012. (l) A person whose driving privileges have been suspended under Section 11-501.1 of this Code and who had a MDDP that was cancelled, or would have been cancelled had notification of a violation been received prior to expiration of the MDDP, pursuant to subsection (c-1) of this Section, shall not be eligible for reinstatement when the summary suspension is scheduled to terminate. Instead, the person's driving privileges shall be suspended for a period of not less than twice the original summary suspension period, or for the length of any extensions entered under subsection (j), whichever is longer. During the period of suspension, the person shall be eligible only to apply for a restricted driving permit. If a restricted driving permit is granted, the offender may only operate vehicles equipped with a BAIID in accordance with this Section. (m) Any person or entity that supplies an ignition interlock device under this Section shall, for each ignition interlock device installed, pay 5% of the total gross revenue received for the device, including monthly monitoring fees, into the Indigent BAIID Fund. This 5% shall be clearly indicated as a separate surcharge on each invoice that is issued. The Secretary shall conduct an annual review of the fund to determine whether the surcharge is sufficient to provide for indigent users. The Secretary may increase or decrease this surcharge requirement as needed. (n) Any person or entity that supplies an ignition interlock device under this Section that is requested to provide an ignition interlock device to a person who presents written documentation of indigency from the Secretary, as provided in subsection (c-5) of this Section, shall install the device on the person's vehicle without charge to the person and shall seek reimbursement from the Indigent BAIID Fund. (o) The Indigent BAIID Fund is created as a special fund in the State treasury. The Secretary shall, subject to appropriation by the General Assembly, use all money in the Indigent BAIID Fund to reimburse ignition interlock device providers who have installed devices in vehicles of indigent persons. The Secretary shall make payments to such providers every 3 months. If the amount of money in the fund at the time payments are made is not sufficient to pay all requests for reimbursement submitted during that 3 month period, the Secretary shall make payments on a pro-rata basis, and those payments shall be considered payment in full for the requests submitted. If the amount of money in the fund exceeds the amount necessary to pay all requests for reimbursement during that 3-month period, the Secretary shall disburse the excess to the providers on a pro rata basis. (p) The Monitoring Device Driving Permit Administration Fee Fund is created as a special fund in the State treasury. The Secretary shall, subject to appropriation by the General Assembly, use the money paid into this fund to offset its administrative costs for administering MDDPs.
(q) The Secretary is authorized to prescribe such forms as it deems necessary to carry out the provisions of this Section. (Source: P.A. 101-363, eff. 8-9-19; 101-593, eff. 12-4-19; 102-699, eff. 4-19-22.) |
(625 ILCS 5/6-206.2)
Sec. 6-206.2. Violations relating to an ignition interlock device.
(a) It is unlawful for any person whose driving privilege is restricted
by being prohibited from operating a motor vehicle not equipped with an
ignition interlock device to operate a motor vehicle not equipped with an ignition interlock device. (a-5) It is unlawful for any person whose driving privilege is restricted by being prohibited from operating a motor vehicle not equipped with an ignition interlock device to
request or solicit any other person to blow into
an ignition interlock device or to start a motor vehicle equipped with the
device for the purpose of providing the person so restricted with an operable
motor vehicle.
(b) It is unlawful to blow into an ignition interlock device or to start
a motor vehicle equipped with the device for the purpose of providing an
operable motor vehicle to a person whose driving privilege is restricted
by being prohibited from operating a motor vehicle not equipped with an
ignition interlock device.
(c) It is unlawful to tamper with, or circumvent the operation of, an
ignition interlock device.
(d) Except as provided in subsection (c)(17) of Section 5-6-3.1 of the
Unified Code of Corrections or by rule, no person shall knowingly rent, lease,
or lend a motor vehicle to a person known to have his or her driving privilege
restricted by being prohibited from operating a vehicle not equipped with an
ignition interlock device, unless the vehicle is equipped with a functioning
ignition interlock device. Any person whose driving privilege is so restricted
shall notify any person intending to rent, lease, or loan a motor vehicle to
the restricted person of the driving restriction imposed upon him or her.
(d-5) A person convicted of a violation of this Section is guilty of a Class A misdemeanor. (e) (Blank).
(Source: P.A. 95-27, eff. 1-1-08; 95-578, eff. 6-1-08; 95-876, eff. 8-21-08.) |
(625 ILCS 5/6-207) (from Ch. 95 1/2, par. 6-207) (Text of Section before amendment by P.A. 104-169) Sec. 6-207. Secretary of State may require reexamination or reissuance of a
license. (a) The Secretary of State, having good cause to believe that a licensed
driver or person holding a permit or applying for a license or license
renewal is incompetent or otherwise not qualified to hold a license or
permit, may upon written notice of at least 5 days to the person require the
person to submit to an examination as prescribed by the Secretary. Refusal or neglect of the person to submit an alcohol, drug, or
intoxicating compound evaluation or
submit to or failure to successfully complete the examination is
grounds for suspension of the person's license or permit under
Section 6-206 of this Act or cancellation of his license or permit under
Section 6-201 of this Act. (b) The Secretary of State, having issued a driver's license or
permit in error, may upon written notice of at least 5 days to the person,
require the person to appear at a Driver Services facility to have the
license or permit error corrected and a new license or permit issued. Refusal or neglect of the person to appear is grounds for cancellation of
the person's license or permit under Section 6-201 of this Act. (c) The Secretary of State, having issued a driver's license or permit to a person who subsequently becomes ineligible to retain that license or permit as currently issued, may, upon written notice of at least 5 days to the person, require the person to appear at a Driver Services facility to have the license or permit corrected and a new license or permit issued.
(d) The Secretary of State, having good cause to believe that a driver's license or permit was issued based on invalid, fictitious, or fraudulent documents, may upon written notice of at least 5 days require the person to appear at a Driver Services facility to present valid documents for verification of identity. Refusal or neglect of the person to appear shall result in cancellation of the person's license or permit. (e) Under 49 C.F.R. 383.73, if the Secretary of State receives credible information that a CLP or CDL was issued and fraud was committed relating to the issuance of the CLP or CDL, the Secretary shall require the CLP or CDL holder to re-submit to all testing required for the issuance of the CLP or CDL (written, pre-trip, skills, and road exams). Upon written notification by the Secretary, the holder shall have 5 days to submit to re-examination. Failure to appear or successfully complete the examination shall result in the cancellation of the CLP or CDL under Section 6-201 of this Act. (Source: P.A. 97-229, eff. 7-28-11; 98-176 (see Section 10 of P.A. 98-722 and Section 10 of P.A. 99-414 for the effective date of changes made by P.A. 98-176).) (Text of Section after amendment by P.A. 104-169) Sec. 6-207. Secretary of State may require reexamination or reissuance of a license. (a) The Secretary of State, having good cause to believe that a licensed driver or person holding a permit or applying for a license or license renewal is incompetent or otherwise not qualified to hold a license or permit, may upon written notice of at least 5 days to the person require the person to submit to an examination, including, but not limited to, a physical, mental, or driving examination, as prescribed by the Secretary. Refusal or neglect of the person to submit an alcohol, drug, or intoxicating compound evaluation or submit to or failure to successfully complete the examination is grounds for suspension of the person's license or permit under Section 6-206 of this Act or cancellation of his license or permit under Section 6-201 of this Act. (b) The Secretary of State, having issued a driver's license or permit in error, may upon written notice of at least 5 days to the person, require the person to appear at a Driver Services facility to have the license or permit error corrected and a new license or permit issued. Refusal or neglect of the person to appear is grounds for cancellation of the person's license or permit under Section 6-201 of this Act. (c) The Secretary of State, having issued a driver's license or permit to a person who subsequently becomes ineligible to retain that license or permit as currently issued, may, upon written notice of at least 5 days to the person, require the person to appear at a Driver Services facility to have the license or permit corrected and a new license or permit issued. (d) The Secretary of State, having good cause to believe that a driver's license or permit was issued based on invalid, fictitious, or fraudulent documents, may upon written notice of at least 5 days require the person to appear at a Driver Services facility to present valid documents for verification of identity. Refusal or neglect of the person to appear shall result in cancellation of the person's license or permit. (e) Under 49 C.F.R. 383.73, if the Secretary of State receives credible information that a CLP or CDL was issued and fraud was committed relating to the issuance of the CLP or CDL, the Secretary shall require the CLP or CDL holder to re-submit to all testing required for the issuance of the CLP or CDL (written, pre-trip, skills, and road exams). Upon written notification by the Secretary, the holder shall have 5 days to submit to re-examination. Failure to appear or successfully complete the examination shall result in the cancellation of the CLP or CDL under Section 6-201 of this Act. (f) The Secretary of State may adopt rules to implement this Section. (Source: P.A. 104-169, eff. 7-1-26.) |
(625 ILCS 5/6-208) (from Ch. 95 1/2, par. 6-208)
Sec. 6-208. Period of suspension - application after revocation.
(a) Except as otherwise provided by this Code or any other law of this
State, the Secretary of State shall not suspend a driver's license,
permit, or privilege to drive a motor vehicle on the highways for a
period of more than one year.
(b) Any person whose license, permit, or privilege to drive a motor
vehicle on the highways has been revoked shall not be entitled to have
such license, permit, or privilege renewed or restored. However, such
person may, except as provided under subsections (d) and (d-5) of Section 6-205, make
application for a license pursuant to Section 6-106 (i) if the revocation
was
for a cause that
has been removed or (ii) as provided in the following
subparagraphs:
1. Except as provided in subparagraphs 1.3, 1.5, 2, | ||
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1.3. If the person is convicted of a second or | ||
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(A) the person has first been issued a | ||
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(B) the expiration of a continuous period of | ||
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1.5. If the person is convicted of a violation of | ||
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2. If such person is convicted of committing a second | ||
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(A) Section 11-501 of this Code or a similar | ||
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(B) Paragraph (b) of Section 11-401 of this Code | ||
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(C) Section 9-3 of the Criminal Code of 1961 or | ||
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(D) any combination of the above offenses | ||
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then such person may not make application for a license | ||
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2.5. If a person is convicted of a second violation | ||
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3. However, except as provided in subparagraph 4, if | ||
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4. Except as provided in paragraph (1.5) of | ||
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4.5. A bona fide resident of a foreign jurisdiction | ||
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5. The person may not make application for a license | ||
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Notwithstanding any other provision of this Code, all persons referred to
in this paragraph (b) may not have their privileges restored until the
Secretary receives payment of the required reinstatement fee pursuant to
subsection (b) of Section 6-118.
In no event shall the Secretary issue such license
unless and until such person has had a hearing pursuant to this Code and
the appropriate administrative rules and the Secretary is
satisfied, after a review or investigation of such person, that
to grant the privilege of driving a motor vehicle on the highways will
not endanger the public safety or welfare.
(c) (Blank).
(Source: P.A. 99-290, eff. 1-1-16; 99-296, eff. 1-1-16; 99-642, eff. 7-28-16.)
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(625 ILCS 5/6-208.1) (from Ch. 95 1/2, par. 6-208.1) Sec. 6-208.1. Period of statutory summary alcohol, other drug,
or intoxicating compound related suspension or revocation. (a) Unless the statutory summary suspension has been rescinded, any
person whose privilege to drive a motor vehicle on the public highways has
been summarily suspended, pursuant to Section 11-501.1, shall not be
eligible for restoration of the privilege until the expiration of: 1. twelve months from the effective date of the | ||
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2. six months from the effective date of the | ||
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3. three years from the effective date of the | ||
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4. one year from the effective date of the summary | ||
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5. (Blank). (b) Following a statutory summary suspension of the privilege to drive a
motor vehicle under Section 11-501.1, driving privileges shall be
restored unless the person is otherwise suspended, revoked, or cancelled by this Code. If
the court has reason to believe that the person's
driving privilege should not be restored, the court shall notify
the Secretary of State prior to the expiration of the statutory summary
suspension so appropriate action may be taken pursuant to this Code. (c) Driving privileges may not be restored until all applicable
reinstatement fees, as provided by this Code, have been paid to the Secretary
of State and the appropriate entry made to the driver's record. (d) Where a driving privilege has been summarily suspended or revoked under Section
11-501.1 and the person is subsequently convicted of violating Section
11-501, or a similar provision of a local ordinance, for the same incident,
any period served on statutory summary suspension or revocation shall be credited toward
the minimum period of revocation of driving privileges imposed pursuant to
Section 6-205. (e) A first offender who refused chemical testing and whose driving privileges were summarily revoked pursuant to Section 11-501.1 shall not be eligible for a monitoring device driving permit, but may make application for reinstatement or for a restricted driving permit after a period of one year has elapsed from the effective date of the revocation. (f) (Blank). (g) (Blank). (h) (Blank).(Source: P.A. 102-982, eff. 7-1-23.) |
(625 ILCS 5/6-208.2)
Sec. 6-208.2.
Restoration of driving privileges; persons under age 21.
(a) Unless the suspension based upon consumption of alcohol by a minor or
refusal to submit to testing has been rescinded by the Secretary of State in
accordance with item (c)(3) of Section 6-206 of this Code, a person whose
privilege to
drive a motor vehicle on the public highways has been suspended under
Section 11-501.8 is not eligible for restoration of the privilege until
the expiration of:
1. Six months from the effective date of the | ||
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2. Three months from the effective date of the | ||
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3. Two years from the effective date of the | ||
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4. One year from the effective date of the | ||
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(b) Following a suspension of the privilege to drive a motor vehicle under
Section 11-501.8, full driving privileges shall be restored unless the person
is otherwise disqualified by this Code.
(c) Full driving privileges may not be restored until all applicable
reinstatement fees, as provided by this Code, have been paid to the Secretary
of State and the appropriate entry made to the driver's
record.
The Secretary of State may also, as a condition of the reissuance of a
driver's license or permit to an individual under the age of 18 years whose
driving privileges have been suspended pursuant to Section 11-501.8, require
the applicant to participate in a driver remedial education course and be
retested under Section 6-109.
(d) Where a driving privilege has been suspended under Section 11-501.8 and
the person is subsequently convicted of violating Section 11-501, or a
similar provision of a local ordinance, for the same incident, any period
served on that suspension shall be credited toward the minimum period of
revocation of driving privileges imposed under Section 6-205.
(e) Following a suspension of driving privileges under Section
11-501.8 for a person who has not had his or her driving privileges previously
suspended under that Section, the Secretary of State may
issue a restricted driving permit
after at least 30 days from the effective date of the suspension.
(f) Following a second or subsequent suspension of driving privileges
under Section 11-501.8, the Secretary of State may issue a restricted driving
permit
after at least 12 months from the effective date of the suspension.
(g) (Blank).
(h) Any restricted driving permit considered under this Section is
subject to the provisions of item (e) of Section 11-501.8.
(Source: P.A. 92-248, eff. 8-3-01.)
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(625 ILCS 5/6-209) (from Ch. 95 1/2, par. 6-209)
Sec. 6-209. Notice of Cancellation, Suspension or
Revocation - Surrender and Return of License.
The Secretary of State upon cancelling, suspending or revoking a
license or permit shall immediately notify the holder thereof in writing
and shall require that such license or permit shall be surrendered to
the Secretary of State. However, upon payment of the reinstatement
fee set out in subsection (g) of Section 6-118 at the end of any
period of suspension of a license the licensee, if not ineligible for some
other reason, shall be entitled to reinstatement of driving privileges and may apply for a duplicate driver's license if it has not then expired; or, in case it has
expired, to apply for a new license.
(Source: P.A. 101-185, eff. 1-1-20.)
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(625 ILCS 5/6-209.1) Sec. 6-209.1. Restoration of driving privileges; revocation; suspension; cancellation. (a) The Secretary shall rescind the suspension or cancellation of a person's driver's license that has been suspended or canceled before July 1, 2020 (the effective date of Public Act 101-623) due to: (1) the person being convicted of theft of motor fuel | ||
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(2) the person, since the issuance of the driver's | ||
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(3) a violation of Section 6-16 of the Liquor Control | ||
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(4) the person being convicted of a violation of | ||
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(5) the person receiving a disposition of court | ||
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(6) the person failing to pay any fine or penalty due | ||
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(7) the person failing to satisfy any fine or penalty | ||
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(8) the person being convicted of a violation of | ||
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(9) the person being convicted of criminal trespass | ||
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(b) As soon as practicable and no later than July 1, 2021, the Secretary shall rescind the suspension, cancellation, or prohibition of renewal of a person's driver's license that has been suspended, canceled, or whose renewal has been prohibited before July 1, 2021 (the effective date of Public Act 101-652) due to the person having failed to pay any fine or penalty for traffic violations, automated traffic law enforcement system violations as defined in Sections 11-208.6, 11-208.8, 11-208.9, and 11-1201.1, or abandoned vehicle fees. (Source: P.A. 104-417, eff. 8-15-25.) |
(625 ILCS 5/6-210) (from Ch. 95 1/2, par. 6-210)
Sec. 6-210.
No operation under foreign license during suspension or
revocation in this State.
Any resident or nonresident whose drivers license or permit or privilege
to operate a motor vehicle in this State has been suspended or revoked as
provided in this Act shall not operate a motor vehicle in this State:
(1) during the period of such suspension, except as | ||
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(2) after such revocation until a license is obtained | ||
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(Source: P.A. 92-16, eff. 6-28-01.)
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(625 ILCS 5/6-211) (from Ch. 95 1/2, par. 6-211)
Sec. 6-211.
Secretary of State to Administer Act-Notices Required.
(a) The Secretary of State shall administer the provisions of this
Chapter and may make and enforce rules and regulations relating to its
administration.
(b) The Secretary of State shall either provide or prescribe suitable
forms requisite or deemed necessary by him for the purposes of this
Chapter.
(c) Whenever under the provisions of this Chapter the Secretary of State
is required to give notice to any person such notice shall be deemed to
have been served either when personally delivered or when deposited in the
United States mail, in a sealed envelope, with postage prepaid, addressed
to the party affected thereby at his last known residence or place of
business.
(Source: P.A. 76-1586.)
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(625 ILCS 5/6-212) (from Ch. 95 1/2, par. 6-212)
Sec. 6-212.
Court Review.
The provisions of the Administrative Review Law,
and all amendments and modifications thereof, and the rules adopted
pursuant thereto, shall apply to and govern all proceedings for the
judicial review of final administrative decisions of the Secretary of State
hereunder.
(Source: P.A. 82-783.)
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(625 ILCS 5/Ch. 6 Art. III heading) ARTICLE III.
VIOLATION OF LICENSE PROVISIONS
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(625 ILCS 5/6-301) (from Ch. 95 1/2, par. 6-301) Sec. 6-301. Unlawful use of license or permit. (a) It is a violation of this Section for any person: 1. To display or cause to be displayed or have in his | ||
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2. To lend his license or permit to any other person | ||
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3. To display or represent as his own any license or | ||
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4. To fail or refuse to surrender to the Secretary of | ||
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5. To allow any unlawful use of a license or permit | ||
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6. To submit to an examination or to obtain the | ||
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(b) Sentence. 1. Any person convicted of a violation of this | ||
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2. Any person convicted of a second or subsequent | ||
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3. In addition to any other sentence imposed under | ||
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(c) This Section does not prohibit any lawfully authorized investigative, protective, law enforcement or other activity of any agency of the United States, State of Illinois or any other state or political subdivision thereof. (d) This Section does not apply to licenses and permits invalidated under Section 6-301.3 of this Code.(Source: P.A. 104-260, eff. 8-15-25.) |
(625 ILCS 5/6-301.1) (from Ch. 95 1/2, par. 6-301.1)
Sec. 6-301.1. Fictitious or unlawfully altered driver's license or
permit.
(a) As used in this Section:
1. "A fictitious driver's license or permit" means | ||
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2. "False information" means: (A) Any information concerning an individual's | ||
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(B) Any photograph that falsifies all or in part | ||
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3. "An unlawfully altered driver's license or permit" | ||
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4. "A document capable of defrauding another" | ||
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5. "An identification document" means any document | ||
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6. "Common carrier" means any public or private | ||
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(b) It is a violation of this Section for any person:
1. To knowingly possess any fictitious or unlawfully | ||
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2. To knowingly possess, display, or cause to be | ||
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3. To knowingly possess any fictitious or unlawfully | ||
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4. To knowingly possess any fictitious or unlawfully | ||
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5. To knowingly possess any fictitious or unlawfully | ||
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6. To knowingly possess any fictitious or unlawfully | ||
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7. To knowingly issue or assist in the issuance of | ||
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8. To knowingly alter or attempt to alter any | ||
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9. To knowingly manufacture, possess, transfer, or | ||
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10. To knowingly use any fictitious or unlawfully | ||
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11. To knowingly possess any fictitious or unlawfully | ||
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(c) Sentence.
1. Any person convicted of a violation of paragraph 1 | ||
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2. Any person convicted of a violation of paragraph 3 | ||
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3. Any person convicted of a violation of any of | ||
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(d) This Section does not prohibit any lawfully authorized
investigative, protective, law enforcement, or other activity of any agency
of the United States, State of Illinois, or any other state or political
subdivision thereof.
(Source: P.A. 96-1120, eff. 1-1-11.)
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(625 ILCS 5/6-301.2) (from Ch. 95 1/2, par. 6-301.2)
Sec. 6-301.2. Fraudulent driver's license or permit.
(a) (Blank).
(b) It is a violation of this Section for any person:
1. To knowingly possess any fraudulent driver's | ||
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2. To knowingly possess, display or cause to be | ||
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3. To knowingly possess any fraudulent driver's | ||
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4. To knowingly possess any fraudulent driver's | ||
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5. To knowingly possess any fraudulent driver's | ||
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6. To knowingly possess any fraudulent driver's | ||
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7. To knowingly possess without authority any | ||
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8. To knowingly possess any stolen driver's | ||
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9. To knowingly duplicate, manufacture, sell or | ||
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10. To advertise or distribute any information or | ||
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11. To knowingly use any fraudulent driver's license | ||
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12. To knowingly possess any fraudulent driver's | ||
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(b-1) It is a violation of this Section for any person to possess, use, or allow to be used any materials, hardware, or software specifically designed for or primarily used in the reading of encrypted language from the bar code or magnetic strip of an official Illinois driver's license issued by the Secretary of State. This subsection (b-1) does not apply if a federal or State law, rule, or regulation requires that the card holder's address be recorded in specified transactions or if the encrypted information is obtained for the detection or possible prosecution of criminal offenses or fraud. If the address information is obtained under this subsection (b-1), it may be used only for the purposes authorized by this subsection (b-1).
(c) Sentence.
1. Any person convicted of a violation of paragraph 1 | ||
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2. Any person convicted of a violation of any of | ||
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3. Any person convicted of a violation of paragraph | ||
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(d) This Section does not prohibit any lawfully authorized
investigative, protective, law enforcement or other activity of any agency
of the United States, State of Illinois or any other state or political
subdivision thereof.
(e) The Secretary may request the Attorney General to seek a
restraining order in the circuit court against any person who violates this
Section by advertising fraudulent driver's licenses or permits.
(Source: P.A. 93-667, eff. 3-19-04; 93-895, eff. 1-1-05; 94-239, eff. 1-1-06; 94-930, eff. 6-26-06.)
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(625 ILCS 5/6-301.3)
Sec. 6-301.3. Invalidation of a driver's license or permit.
(a) The Secretary of State may invalidate a driver's license or permit:
(1) when the holder voluntarily surrenders the | ||
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(2) when the Secretary receives a certified court | ||
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(3) upon the death of the holder; or
(4) as the Secretary deems appropriate by | ||
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(b) A driver's license or permit invalidated under this Section shall
nullify the holder's driving privileges. If a license is invalidated under
subdivision (a)(3) of this Section, the actual
license
or permit may be released to a relative
of the decedent; provided, the actual license or permit bears a readily
identifiable designation evidencing invalidation as prescribed by the
Secretary.
(c) If a driver is issued a citation for any violation of this Code or a similar local ordinance and the violation is the proximate cause of the death or Type A injury of another, the prosecuting authority may ask the court to enter an order invalidating the driver's license or permit under paragraph (2) of subsection (a) of this Section. For purposes of this Section, Type A injury has the meaning ascribed in Section 6-108.1 of this Code. (Source: P.A. 98-168, eff. 1-1-14.)
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(625 ILCS 5/6-302) (from Ch. 95 1/2, par. 6-302)
Sec. 6-302. Making false application or affidavit - perjury.
(a) It is a violation of this Section for any person:
1. To display or present any document for the | ||
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2. To accept or allow to be accepted any document | ||
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3. To knowingly make any false affidavit or swear or | ||
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(b) Sentence.
1. Any person convicted of a violation of this | ||
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2. Any person convicted of a second or subsequent | ||
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(c) This Section does not prohibit any lawfully authorized
investigative, protective, law enforcement or other activity of any agency
of the United States, State of Illinois or any other state or political
subdivision thereof.
(Source: P.A. 99-642, eff. 7-28-16.)
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(625 ILCS 5/6-303) (from Ch. 95 1/2, par. 6-303)
Sec. 6-303. Driving while driver's license, permit, or privilege to
operate a motor vehicle is suspended or revoked.
(a) Except as otherwise provided in subsection (a-5) or (a-7), any person who drives or is in actual physical control of a motor
vehicle on any highway of this State at a time when such person's driver's
license, permit, or privilege to do so or the privilege to obtain a driver's
license or permit is revoked or suspended as provided by this Code or the law
of another state, except as may be specifically allowed by a judicial driving
permit issued prior to January 1, 2009, monitoring device driving permit, family financial responsibility driving permit, probationary
license to drive, or a restricted driving permit issued pursuant to this Code
or under the law of another state, shall be guilty of a Class A misdemeanor.
(a-3) A second or subsequent violation of subsection (a) of this Section is a Class 4 felony if committed by a person whose driving or operation of a motor vehicle is the proximate cause of a motor vehicle crash that causes personal injury or death to another. For purposes of this subsection, a personal injury includes any Type A injury as indicated on the traffic crash report completed by a law enforcement officer that requires immediate professional attention in either a doctor's office or a medical facility. A Type A injury includes severe bleeding wounds, distorted extremities, and injuries that require the injured party to be carried from the scene. (a-5) Any person who violates this Section as provided in subsection (a) while his or her driver's license, permit, or privilege is revoked because of a violation of Section 9-3 of the Criminal Code of 1961 or the Criminal Code of 2012, relating to the offense of reckless homicide, or a violation of subparagraph (F) of paragraph (1) of subsection (d) of Section 11-501 of this Code, relating to the offense of aggravated driving under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof when the violation was a proximate cause of a death, or a similar provision of a law of another state, is guilty of a Class 4 felony. The person shall be required to undergo a professional evaluation, as provided in Section 11-501 of this Code, to determine if an alcohol, drug, or intoxicating compound problem exists and the extent of the problem, and to undergo the imposition of treatment as appropriate.
(a-7) Any person who violates this Section as provided in subsection (a) while his or her driver's license or privilege to drive is suspended under Section 6-306.5 or 7-702 of this Code shall receive a Uniform Traffic Citation from the law enforcement officer. A person who receives 3 or more Uniform Traffic Citations under this subsection (a-7) without paying any fees associated with the citations shall be guilty of a Class A misdemeanor. (a-10) A person's driver's license, permit, or privilege to obtain a driver's license or permit may be subject to multiple revocations, multiple suspensions, or any combination of both simultaneously. No revocation or suspension shall serve to negate, invalidate, cancel, postpone, or in any way lessen the effect of any other revocation or suspension entered prior or subsequent to any other revocation or suspension. (b) (Blank). (b-1) Except for a person under subsection (a-7) of this Section, upon receiving a report of the conviction of any violation indicating a person was operating a motor vehicle during the time when the person's driver's license, permit, or privilege was suspended by the Secretary of State or the driver's licensing administrator of another state, except as specifically allowed by a probationary license, judicial driving permit, restricted driving permit, or monitoring device driving permit, the Secretary shall extend the suspension for the same period of time as the originally imposed suspension unless the suspension has already expired, in which case the Secretary shall be authorized to suspend the person's driving privileges for the same period of time as the originally imposed suspension. (b-2) Except as provided in subsection (b-6) or (a-7), upon receiving a report of the conviction of any violation indicating a person was operating a motor vehicle when the person's driver's license, permit, or privilege was revoked by the Secretary of State or the driver's license administrator of any other state, except as specifically allowed by a restricted driving permit issued pursuant to this Code or the law of another state, the Secretary shall not issue a driver's license for an additional period of one year from the date of such conviction indicating such person was operating a vehicle during such period of revocation. (b-3) (Blank).
(b-4) When the Secretary of State receives a report of a conviction of any violation indicating a person was operating a motor vehicle that was not equipped with an ignition interlock device during a time when the person was prohibited from operating a motor vehicle not equipped with such a device, the Secretary shall not issue a driver's license to that person for an additional period of one year from the date of the conviction.
(b-5) Any person convicted of violating this Section shall serve a minimum
term of imprisonment of 30 consecutive days or 300
hours of community service
when the person's driving privilege was revoked or suspended as a result of a violation of Section 9-3 of the Criminal Code of 1961 or the Criminal Code of 2012,
relating to the offense of reckless homicide, or a violation of subparagraph (F) of paragraph (1) of subsection (d) of Section 11-501 of this Code, relating to the offense of aggravated driving under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof when the violation was a proximate cause of a death, or a similar provision of a law of another state.
The court may give credit toward the fulfillment of community service hours for participation in activities and treatment as determined by court services. (b-6) Upon receiving a report of a first conviction of operating a motor vehicle while the person's driver's license, permit, or privilege was revoked where the revocation was for a violation of Section 9-3 of the Criminal Code of 1961 or the Criminal Code of 2012 relating to the offense of reckless homicide, or a violation of subparagraph (F) of paragraph (1) of subsection (d) of Section 11-501 of this Code, relating to the offense of aggravated driving under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof when the violation was a proximate cause of a death, or a similar out-of-state offense, the Secretary shall not issue a driver's license for an additional period of 3 years from the date of such conviction. (c) Except as provided in subsections (c-3) and (c-4), any person convicted of violating this Section shall serve a minimum
term of imprisonment of 10 consecutive days or 30
days of community service
when the person's driving privilege was revoked or suspended as a result of:
(1) a violation of Section 11-501 of this Code or a | ||
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(2) a violation of paragraph (b) of Section 11-401 of | ||
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(3) a statutory summary suspension or revocation | ||
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Such sentence of imprisonment or community service shall not be subject
to suspension in order to reduce such sentence.
(c-1) Except as provided in subsections (a-7), (c-5), and (d), any person convicted of a
second violation of this Section shall be ordered by the court to serve a
minimum
of 100 hours of community service. The court may give credit toward the fulfillment of community service hours for participation in activities and treatment as determined by court services.
(c-2) In addition to other penalties imposed under this Section, the
court may impose on any person convicted a fourth time of violating this
Section any of
the following:
(1) Seizure of the license plates of the person's | ||
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(2) Immobilization of the person's vehicle for a | ||
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(c-3) Any person convicted of a violation of this Section during a period of summary suspension imposed pursuant to Section 11-501.1 when the person was eligible for a monitoring device driving permit shall be guilty of a Class 4 felony and shall serve a minimum term of imprisonment of 30 days. (c-4) Any person who has been issued a monitoring device driving permit or a restricted driving permit which requires the person to operate only motor vehicles equipped with an ignition interlock device and who is convicted of a violation of this Section as a result of operating or being in actual physical control of a motor vehicle not equipped with an ignition interlock device at the time of the offense shall be guilty of a Class 4 felony and shall serve a minimum term of imprisonment of 30 days.
(c-5) Any person convicted of a second violation of this
Section is guilty of a Class 2 felony, is not eligible for probation or conditional discharge, and shall serve a mandatory term of
imprisonment, if: (1) the current violation occurred when the person's | ||
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(2) the prior conviction under this Section occurred | ||
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(d) Any person convicted of a second violation of this
Section shall be guilty of a Class 4 felony and shall serve a minimum term of
imprisonment of 30 days or 300 hours of community service, as determined by the
court, if: (1) the current violation occurred when the person's | ||
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(2) the prior conviction under this Section occurred | ||
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The court may give credit toward the fulfillment of community service hours for participation in activities and treatment as determined by court services. (d-1) Except as provided in subsections (a-7), (d-2), (d-2.5), and (d-3), any
person convicted of
a third or subsequent violation of this Section shall serve a minimum term of
imprisonment of 30 days or 300 hours of community service, as determined by the
court. The court may give credit toward the fulfillment of community service hours for participation in activities and treatment as determined by court services.
(d-2) Any person convicted of a third violation of this
Section is guilty of a Class 4 felony and must serve a minimum term of
imprisonment of 30 days, if: (1) the current violation occurred when the person's | ||
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(2) the prior convictions under this Section occurred | ||
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(d-2.5) Any person convicted of a third violation of this
Section is guilty of a Class 1 felony, is not eligible for probation or conditional discharge, and must serve a mandatory term of
imprisonment, if: (1) the current violation occurred while the person's | ||
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(2) the prior convictions under this Section occurred | ||
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(d-3) Any person convicted of a fourth, fifth, sixth, seventh, eighth, or ninth violation of this
Section is guilty of a Class 4 felony and must serve a minimum term of
imprisonment of 180 days, if: (1) the current violation occurred when the person's | ||
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(2) the prior convictions under this Section occurred | ||
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(d-3.5) Any person convicted of a fourth or subsequent violation of this
Section is guilty of a Class 1 felony, is not eligible for probation or conditional discharge, must serve a mandatory term of
imprisonment, and is eligible for an extended term, if: (1) the current violation occurred when the person's | ||
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(2) the prior convictions under this Section occurred | ||
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(d-4) Any person convicted of a tenth, eleventh, twelfth, thirteenth, or fourteenth violation of this Section is guilty of a Class 3 felony, and is not eligible for probation or conditional discharge, if: (1) the current violation occurred when the person's | ||
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(2) the prior convictions under this Section occurred | ||
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(d-5) Any person convicted of a fifteenth or subsequent violation of this Section is guilty of a Class 2 felony, and is not eligible for probation or conditional discharge, if: (1) the current violation occurred when the person's | ||
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(2) the prior convictions under this Section occurred | ||
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(e) Any person in violation of this Section who is also in violation of
Section 7-601 of this Code relating to mandatory insurance requirements, in
addition to other penalties imposed under this Section, shall have his or her
motor vehicle immediately impounded by the arresting law enforcement officer.
The motor vehicle may be released to any licensed driver upon a showing of
proof of insurance for the vehicle that was impounded and the notarized written
consent for the release by the vehicle owner.
(f) For any prosecution under this Section, a certified copy of the
driving abstract of the defendant shall be admitted as proof of any prior
conviction.
(g) The motor vehicle used in a violation of this Section is subject
to seizure and forfeiture as provided in Sections 36-1 and 36-2 of the
Criminal Code of 2012 if the person's driving privilege was revoked
or suspended as a result of: (1) a violation of Section 11-501 of this Code, a | ||
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(2) a violation of paragraph (b) of Section 11-401 of | ||
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(3) a statutory summary suspension or revocation | ||
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(4) a violation of Section 9-3 of the Criminal Code | ||
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(Source: P.A. 101-81, eff. 7-12-19; 102-982, eff. 7-1-23.)
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(625 ILCS 5/6-304) (from Ch. 95 1/2, par. 6-304)
Sec. 6-304.
Permitting unauthorized person to drive.
No person shall cause, authorize or knowingly permit a motor vehicle
owned by him or under his control to be driven upon any highway by any
person who is not authorized hereunder or in violation of any of the
provisions of this Act.
(Source: P.A. 76-1586.)
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(625 ILCS 5/6-304.1) (from Ch. 95 1/2, par. 6-304.1)
Sec. 6-304.1.
Permitting a driver under the influence to operate a motor
vehicle. No person shall knowingly cause, authorize, or permit a motor vehicle
owned by, or under the control of, such person to be driven or operated upon
a highway by anyone who is under the influence of alcohol, other drugs, or
combination thereof. This provision shall not apply to a spouse of the
person who owns or has control of, or a co-owner of, a motor vehicle or to
a bailee for hire.
Any person convicted of violating this Section shall be guilty of a Class
A misdemeanor.
(Source: P.A. 84-1394.)
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(625 ILCS 5/6-305) (from Ch. 95 1/2, par. 6-305)
Sec. 6-305. Renting motor vehicle to another.
(a) No person shall rent a motor vehicle to any other person unless the
latter person, or a driver designated by a nondriver with disabilities and
meeting any minimum age and driver's record requirements that are uniformly
applied by the person renting a motor vehicle, is then duly licensed
hereunder or, in the case of a
nonresident, then duly licensed under the laws of the State or country of
his residence unless the State or country of his residence does not require
that a driver be licensed.
(b) No person shall rent a motor vehicle to another until he has
inspected, including through electronic or digital means, the driver's license of the person to whom the vehicle is to be
rented, or by whom it is to be driven, and verified the license is unexpired
unless, in the case of a
nonresident, the State or country wherein the nonresident resides does not
require that a driver be licensed.
(c) No person shall rent a motorcycle to another unless the latter
person is then duly licensed hereunder as a motorcycle operator, and in the
case of a nonresident, then duly licensed under the laws of the State or
country of his residence, unless the State or country of his residence does
not require that a driver be licensed. (c-1) A rental car company that rents a motor vehicle shall ensure that the renter is provided with an emergency telephone number to personnel capable of fielding roadside assistance and other customer service inquiries, including the ability to provide the caller with the telephone number of the location from which the vehicle was rented, if requested by the caller. If an owner's manual is not available in the vehicle at the time of the rental, an owner's manual for that vehicle or a similar model shall be accessible by the personnel answering the emergency telephone number for assistance with inquiries about the operation of the vehicle.
(d) (Blank).
(e) (Blank).
(f) Subject to subsection (l), any person who rents a motor vehicle to another shall only
advertise, quote, and charge a rental rate that includes the entire amount
except taxes, a mileage charge, and airport concession charge, if any, which a renter must pay to hire
or lease the vehicle for the period of time to which the rental rate
applies.
The person must provide, on the request of the renter, based on the
available information, an estimated total of the daily rental rate,
including all applicable taxes, fees, and other charges, or an
estimated total rental charge, based on the return date of the vehicle
noted on the rental agreement. Further, if the rental agreement does
not already provide an estimated total rental charge, the following
statement must be included in the rental agreement:
"NOTICE: UNDER ILLINOIS LAW, YOU MAY REQUEST, BASED ON | ||
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Such person shall not charge in addition to the rental rate,
taxes, mileage charge, and airport concession charge, if any, any fee which must be paid by the renter
as a condition of hiring or leasing the vehicle, such as, but not limited
to, required fuel or airport surcharges, nor any fee for transporting the
renter to the location where the rented vehicle will be delivered to the
renter. In addition to the rental rate, taxes, mileage charge, and airport concession charge, if any,
such person may charge for an item or service provided in connection with a
particular rental transaction if the renter can avoid incurring the charge by
choosing not to obtain or utilize the optional item or service. Items and
services for which such person may impose an additional charge include, but are
not limited to, optional insurance and accessories requested by the renter,
service charges incident to the renter's optional return of the vehicle to
a location other than the location where the vehicle was hired or leased,
and charges for refueling the vehicle at the conclusion of the rental
transaction in the event the renter did not return the vehicle with as much
fuel as was in the fuel tank at the beginning of the rental. "Airport concession charge" means a charge or fee imposed and collected from a renter to reimburse the motor vehicle rental company for the concession fee it is required to pay to a local government corporate authority or airport authority to rent motor vehicles at the airport facility. The airport concession charge is in addition to any customer facility charge or any other charge.
(f-5) A rental car company that offers a renter the opportunity to use a transponder or other electronic tolling device shall notify the renter of the opportunity to use the device at or before the beginning of the rental agreement. If a vehicle offered by a rental car company is equipped with a transponder or other electronic tolling device and the company fails to notify the renter of the option to use the device, the rental car company shall not: (1) charge a renter a fee of more than $2 each day | ||
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(2) charge a renter a daily fee on any day the renter | ||
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(g) Every person renting a motor vehicle to another shall keep a record
of the registration number of the motor vehicle so rented, the name and
address of the person to whom the vehicle is rented, the number of the
license, if any, of said latter person, and the place
where the license, if any, was issued. Such record may be maintained in an electronic or digital format, and shall be open
to
inspection by any police officer or designated agent of the Secretary of
State.
(h) A person licensed as a new car dealer under Section 5-101 of this
Code shall not be subject to the provisions of this Section regarding the
rental of private passenger motor vehicles when providing, free of charge,
temporary substitute vehicles for customers to operate during a period when
a customer's vehicle, which is either leased or owned by that customer, is
being repaired, serviced, replaced or otherwise made unavailable to the
customer in accordance with an agreement with the licensed new car dealer
or vehicle manufacturer, so long as the customer orally or in writing is
made aware that the temporary substitute vehicle will be covered by his or
her
insurance policy and the customer shall only be liable to the extent of any
amount deductible from such insurance coverage in accordance with the terms
of the policy.
(i) This Section, except the requirements of subsection (g), also applies
to rental agreements of 30 continuous days or less involving a motor
vehicle that was delivered by an out of State person or business to a
renter in this State.
(j) A public airport
may, if approved by its local government corporate authorities or its airport
authority, impose a customer facility charge upon customers of rental car
companies for the purposes of financing, designing, constructing,
operating, and maintaining consolidated car rental facilities and common
use transportation equipment and
facilities,
which are used to transport the customer, connecting consolidated
car rental facilities with other airport facilities.
Notwithstanding
subsection (f) of this
Section, the customer facility charge shall
be collected by the rental car company as a separate charge, and clearly
indicated as
a separate charge
on the rental agreement and invoice.
Facility charges shall be immediately deposited into a trust account
for the benefit of the airport and
remitted at the direction of the airport, but
not more often than once per month.
The charge shall be uniformly calculated on a per-contract or per-day
basis.
Facility charges imposed by the airport may not exceed the reasonable
costs of financing, designing, constructing, operating, and maintaining the
consolidated car rental facilities and common use transportation equipment and
facilities and may not be used for any other purpose.
Notwithstanding any other provision of law, the charges collected
under
this Section are not subject to retailer occupation, sales,
use,
or transaction taxes.
(k) When a rental car company states a rental rate in any of its rate
advertisements, its proprietary computer
reservation systems, or its in-person quotations
intended to apply to
an airport rental, a company that collects from its customers a customer
facility charge for that rental under subsection (j) shall do all of the
following:
(1) Clearly and conspicuously disclose in any radio, | ||
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(2) Clearly and conspicuously disclose in any print | ||
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(3) Clearly and conspicuously disclose the existence | ||
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(4) Clearly and conspicuously display the charge in | ||
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(5) Clearly and conspicuously disclose and separately | ||
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(6) A rental car company that collects from its | ||
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(l) Notwithstanding subsection (f), any person who rents a motor vehicle to another may, in connection with the rental of a motor vehicle to (i) a business renter or (ii) a business program sponsor under the sponsor's business program, do the following: (1) separately quote, by telephone, in person, or by | ||
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(2) separately impose additional charges for the | ||
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(l-5) A person licensed under Section 5-101, 5-101.2, or 5-102 of this Code shall not participate in a rental-purchase agreement vehicle program unless the licensee retains the vehicle in his or her name and retains proof of proper vehicle registration under Chapter 3 of this Code and liability insurance under Section 7-601 of this Code. The licensee shall transfer ownership of the vehicle to the renter within 20 calendar days of the agreed-upon date of completion of the rental-purchase agreement. If the licensee fails to transfer ownership of the vehicle to the renter within the 20 calendar days, then the renter may apply for the vehicle's title to the Secretary of State by providing the Secretary the rental-purchase agreement, an application for title, the required title fee, and any other documentation the Secretary deems necessary to determine ownership of the vehicle. For purposes of this subsection (l-5), "rental-purchase agreement" has the meaning set forth in Section 1 of the Rental-Purchase Agreement Act. (m) As used in this Section: (1) "Additional charges" means charges other than: | ||
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(2) "Business program" means: (A) a contract between a person who rents motor | ||
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(B) a plan, program, or other arrangement | ||
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(3) "Business program sponsor" means any legal | ||
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(4) "Business renter" means any person renting a | ||
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(A) a non-employee member of a not-for-profit | ||
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(B) the purchaser of a voucher or other prepaid | ||
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(C) an individual whose car rental is eligible | ||
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(D) an individual whose car rental is eligible | ||
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(Source: P.A. 100-450, eff. 1-1-18; 100-878, eff. 1-1-19; 101-611, eff. 6-1-20.)
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(625 ILCS 5/6-305.1) (from Ch. 95 1/2, par. 6-305.1)
Sec. 6-305.1.
Unlawful subleasing of a motor vehicle.
(a) It is unlawful for any person who is not a party to a lease
contract, conditional sale contract, or security agreement which transfers
any right or interest in a motor vehicle to:
(1) obtain or exercise control over a motor vehicle and then sell,
transfer, assign, or lease the motor vehicle to another person without
first obtaining written authorization from the secured creditor, lessor, or
lienholder for the sale, transfer, assignment, or lease if he receives
compensation or other consideration for the sale, transfer, assignment, or
lease of the motor vehicle; or
(2) assist, cause, or arrange the actual or purported sale, transfer,
assignment, or lease of a motor vehicle to another person without first
obtaining written authorization
from the secured creditor, lessor, or lienholder for the sale, transfer,
assignment, or lease if he receives compensation or other consideration for
assisting, causing, or arranging the sale, transfer, assignment, or lease
of the motor vehicle.
(3) this subsection shall not apply to any employee acting upon request of
his employer.
(b) Any person who violates the provisions of this Section is guilty of
a Class A misdemeanor.
(c) Notwithstanding any other remedy or relief to which a person is
entitled, anyone suffering damage as a result of a violation of this
Section may bring an action to recover or obtain actual damages, equitable
relief, including, but not limited to, an injunction or restitution of
money and property, reasonable attorney's fees and costs,
and any other relief the court deems proper.
(Source: P.A. 86-748.)
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(625 ILCS 5/6-305.2)
Sec. 6-305.2. Limited liability for damage.
(a) Damage to private
passenger vehicle. A person who rents a motor vehicle to another may hold
the renter liable for
physical or mechanical damage to the rented motor vehicle that occurs during
the time the motor vehicle is under the rental agreement.
(b) Limits on liability due to theft for a vehicle having an MSRP of $50,000 or less. The total liability of a renter who rents from another a motor vehicle that has an MSRP of $50,000 or less and that is stolen shall be the actual and reasonable costs incurred by the loss due to theft of the rental motor vehicle up to $5,000; provided, however, that if it is established that the renter or authorized driver failed to exercise ordinary care while in possession of the vehicle or that the renter or authorized driver committed or aided and abetted the commission of a theft, then the damages shall be the actual and reasonable costs of the rental vehicle up to its fair market value, as determined by the customary market for the sale of the vehicle.
Beginning
June
1, 2000,
and annually each June 1 thereafter, the maximum amount that may be recovered
from an authorized driver under this subsection (b) shall be increased by $500 above the maximum recovery
allowed immediately prior to June 1 of that year.
(b-5) Limits on liability due to theft for a vehicle having an MSRP of more than $50,000. The total liability of a renter who rents from another a motor vehicle that has an MSRP of more than $50,000 and that is stolen shall be the actual and reasonable cost incurred by the loss due to theft of the rental motor vehicle up to $40,000; provided, however that if it is established that the renter or authorized driver failed to exercise ordinary care while in possession of the vehicle or that the renter or authorized driver committed or aided and abetted the commission of a theft, then the damages shall be the actual and reasonable costs of the rental vehicle up to its fair market value, as determined by the customary market for the sale of the vehicle. The maximum recovery for a motor vehicle with a Manufacturer's Suggested Retail Price (MSRP) of more than $50,000 under this subsection (b-5) shall not exceed $40,000 on the effective date of this amendatory Act of the 99th General Assembly. On October 1, 2016, and for the next 3 years thereafter, the maximum amount that may be recovered from an authorized driver under this subsection (b-5) shall be increased by $2,500 above the prior year's maximum recovery. On October 1, 2020, and for each year thereafter, the maximum amount that may be recovered from an authorized driver under this subsection (b-5) shall be increased by $1,000 above the prior year's maximum recovery. (b-10) Beginning on the effective date of this amendatory Act of the 103rd General Assembly and for 6 months after, a person who rents a motor vehicle to another shall provide notice to the renter of the motor vehicle of the changes reflected in this amendatory Act of the 103rd General Assembly. The notice shall be posted in a conspicuous and unobscured place that is separate and apart from any other information. (c) Multiple recoveries prohibited. Any person who rents a motor
vehicle to another may not hold the renter liable for any amounts that the
rental company recovers from any other party.
(d) Repair estimates. A person who rents a motor vehicle to another may
not collect or attempt to collect the amount described in subsection (b) or (b-5) unless
the rental company obtains an estimate from a repair company or an appraiser in
the business of providing such appraisals on the costs of repairing the motor
vehicle, makes a copy of the estimate available upon request to the renter who
may be liable under subsection (a), or the insurer of the renter, and submits a
copy of the estimate with any claim to collect the amount described in
subsection (b) or (b-5). In order to collect the amount described in subsection (b-5), a person renting a motor vehicle to another must also provide the renter's personal insurance company with reasonable notice and an opportunity to inspect damages.
(d-5) In the event of loss due to theft of the rental motor vehicle with a MSRP more than $50,000, the rental company shall provide reasonable notice of the theft to the renter's personal insurance company. (e) Duty to mitigate. A claim against a renter resulting from damage or
loss to a rental vehicle must be reasonably and rationally related to the
actual loss incurred. A rental company shall mitigate damages where possible
and shall not assert or collect any claim for physical damage which exceeds the
actual costs of the repair, including all discounts or price reductions.
(f) No rental company shall require a deposit or an advance charge
against
the credit card of a renter, in any form, for damages to a vehicle which is in
the renter's possession, custody, or control. No rental company shall require
any payment for damage to the rental vehicle, upon the renter's return of the
vehicle in a
damaged condition, until after the cost of the damage to the vehicle and
liability therefor is agreed to between the rental company and renter or is
determined pursuant to law.
(g) If insurance coverage exists under the renter's personal insurance
policy and the coverage is confirmed during regular business hours, the renter
may require that the rental
company must submit any claims to the renter's personal insurance carrier as
the renter's agent. The rental company shall not make any written or oral
representations that it will not present claims or negotiate with the renter's
insurance carrier. For purposes of this Section, confirmation of coverage
includes telephone confirmation from insurance company representatives during
regular business hours. After
confirmation of coverage, the amount of claim shall be resolved between the
insurance carrier and the rental company.
(Source: P.A. 103-520, eff. 1-1-24.)
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(625 ILCS 5/6-305.3) Sec. 6-305.3. Vehicle license cost recovery fee. (a) As used in this Section: "Motor vehicle rental company" means a person or entity whose primary business is renting motor vehicles to the public for 30 days or less. "Inspect" or "inspection" means a vehicle emissions inspection under Chapter 13C of this Code. "Rental agreement" means an agreement for 30 days or less setting forth the terms and conditions governing the use of a motor vehicle provided by a rental company. "Motor vehicle" means motor vehicles of the first division and motor vehicles of the second division weighing not more than 8,000 pounds. "Vehicle license cost recovery fee" or "VLCRF" means a charge that may be separately stated and charged on a rental agreement in a vehicle rental transaction originating in Illinois to recover costs incurred either directly or indirectly by a motor vehicle rental company to license, title, register, and inspect motor vehicles. (b) Motor vehicle rental companies may include a separately stated mandatory surcharge or fee in a rental agreement for vehicle license cost recovery fees (VLCRF) and all applicable taxes. (c) If a motor vehicle rental company includes a VLCRF as separately stated charge in a rental agreement, the amount of the fee must represent the motor vehicle rental company's good-faith estimate of the automobile rental company's daily charge as calculated by the motor vehicle rental company to recover its actual total annual motor vehicle titling, registration, and inspection costs. (d) If the total amount of the VLCRF collected by a motor vehicle rental company under this Section in any calendar year exceeds the motor vehicle rental company's actual costs to license, title, register, and inspect for that calendar year, the motor vehicle rental company shall do both of the following: (1) Retain the excess amount; and (2) Adjust the estimated average per vehicle titling, | ||
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(e) Nothing in subsection (d) of this Section shall prevent a motor vehicle rental company from making adjustments to the VLCRF during the calendar year.
(Source: P.A. 96-37, eff. 7-13-09; 97-595, eff. 8-26-11.) |
(625 ILCS 5/6-306.3) (from Ch. 95 1/2, par. 6-306.3)
Sec. 6-306.3. (Repealed).
(Source: P.A. 95-310, eff. 1-1-08. Repealed by P.A. 98-870, eff. 1-1-15.)
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(625 ILCS 5/6-306.4) (from Ch. 95 1/2, par. 6-306.4)
Sec. 6-306.4. (Repealed).
(Source: P.A. 95-310, eff. 1-1-08. Repealed by P.A. 100-674, eff. 1-1-19.)
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(625 ILCS 5/6-306.5) (from Ch. 95 1/2, par. 6-306.5)
Sec. 6-306.5. (Repealed).
(Source: P.A. 102-588, eff. 8-20-21. Repealed by P.A. 101-652, eff. 7-1-21.)
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(625 ILCS 5/6-306.6) (from Ch. 95 1/2, par. 6-306.6)
Sec. 6-306.6. (Repealed). (Source: P.A. 98-178, eff. 1-1-14. Repealed by P.A. 101-652, eff. 7-1-21.)
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(625 ILCS 5/6-306.7)
Sec. 6-306.7. (Repealed).
(Source: P.A. 94-218, eff. 7-1-06. Repealed by P.A. 101-623, eff. 7-1-20)
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(625 ILCS 5/6-306.8) Sec. 6-306.8. Failure to satisfy fines or penalties for toll bridge violations; suspension of driving privileges. (a) Notwithstanding any law to the contrary, upon the Secretary's receipt of a report, as described in subsection (b), from a private tolling authority stating that the owner of a registered vehicle has failed to satisfy any fees, fines, charges, or penalties resulting from a final invoice or notice by the private tolling authority relating directly or indirectly to 5 or more toll violations, the Secretary shall suspend the driving privileges of the person in accordance with the procedures set forth in this Section. (b) The report from the private tolling authority notifying the Secretary of unsatisfied fees, fines, charges, or penalties may be generated by the private tolling authority and received by the Secretary by automated process. The report shall contain the following: (1) The name, last known address, and driver's | ||
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(2) A statement that the private tolling authority | ||
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(c) Following the Secretary's receipt of a report described in subsection (b), the Secretary shall notify the person whose name appears on the report that the person's driver's license will be suspended at the end of a specified period unless the Secretary is presented with a notice from the private tolling authority stating that the fees, fines, charges, or penalties owed to the private tolling authority have been satisfied or that inclusion of that person's name on the report described in subsection (b) was in error. The Secretary's notice shall state in substance the information contained in the private tolling authority's report to the Secretary described in subsection (b), and shall be effective as specified by subsection (c) of Section 6-211, except as to those drivers who also have been issued a CDL. If a person also has been issued a CDL, notice of suspension of that person's driver's license must be given in writing by certified mail and is effective on the date listed in the notice of suspension, except that the notice is not effective until 4 days after the date on which the notice was deposited into the United States mail. The notice becomes effective 4 days after its deposit into the United States mail regardless of whether the Secretary of State receives the return receipt and regardless of whether the written notification is returned for any reason to the Secretary of State as undeliverable. (d) The private tolling authority, after making a report to the Secretary described in subsection (b), shall notify the Secretary, on a form prescribed by the Secretary or by automated process, whenever a person named in the report has satisfied the previously reported fees, fines, charges, or penalties or whenever the private tolling authority determines that the original report was in error. A copy of the notification shall also be given upon request and at no additional charge to the person named therein. Upon receipt of the private tolling authority's notification, the Secretary shall lift the suspension. (e) The private tolling authority shall establish procedures for persons to challenge the accuracy of the report described in subsection (b). The procedures shall provide the grounds for a challenge, which may include: (1) the person not having been the owner or lessee of | ||
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(2) the person having already satisfied the fees, | ||
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(f) The Secretary and the Authority may promulgate rules necessary to implement this Section. (g) The Secretary, the Authority, and the private tolling authority shall cooperate with one another in the administration and implementation of this Section. (h) The Secretary shall provide the Authority and the private tolling authority with any information the Authority or the private tolling authority may deem necessary for purposes of this Section or for the private tolling authority's invoicing, collection, and administrative functions, including regular and timely access to driver's license, vehicle registration, and license plate information, and the Secretary's driver, title, and vehicle record databases. Section 2-123 does not apply to the provision of such information, but the Secretary shall be entitled to reimbursement for its costs in providing such information. (i) The Authority shall provide the Secretary and the private tolling authority with any information the Secretary or the private tolling authority may deem necessary for purposes of this Section or for the private tolling authority's invoicing, collection, and administrative functions, including regular and timely access to toll violation records. (j) As used in this Section: "Authority" means the Illinois State Toll Highway Authority. "Private tolling authority" means the owner, lessee, licensee, or operator of a toll bridge authorized under the Toll Bridge Act. "Secretary" means the Illinois Secretary of State.
(Source: P.A. 101-398, eff. 8-16-19.) |
(625 ILCS 5/6-307) (from Ch. 95 1/2, par. 6-307)
Sec. 6-307.
Injunctions.
If any person operates in violation of any provision
of this Chapter, or any rule, regulation, order or decision of the Secretary
of State, or of any term, condition or limitation of any license, the Secretary
of State, or any person injured thereby, or any interested person, may apply
to the Circuit Court of the county in which such violation
or some part thereof occurred, or in which the person complained of has
his place of business or resides, to prevent such violation. The Court
has jurisdiction to enforce obedience by injunction or other process restraining
such person from further violation and enjoining upon him obedience.
(Source: P.A. 81-306.)
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(625 ILCS 5/6-308) Sec. 6-308. Procedures for traffic violations. (a) Any person cited for violating this Code or a similar provision of a local ordinance for which a violation is a petty offense as defined by Section 5-1-17 of the Unified Code of Corrections, excluding business offenses as defined by Section 5-1-2 of the Unified Code of Corrections or a violation of Section 15-111 or subsection (d) of Section 3-401 of this Code, shall not be required to sign the citation for his or her release. All other provisions of this Code or similar provisions of local ordinances shall be governed by the pretrial release provisions of the Illinois Supreme Court Rules when it is not practical or feasible to take the person before a judge to have conditions of pretrial release set or to avoid undue delay because of the hour or circumstances. (b) Whenever a person fails to appear in court, the court may continue the case for a minimum of 30 days and the clerk of the court shall send notice of the continued court date to the person's last known address and, if the clerk of the court elects to establish a system to send text, email, and telephone notifications, may also send notifications to an email address and may send a text message to the person's last known cellular telephone number. If the person does not have a cellular telephone number, the clerk of the court may reach the person by calling the person's last known landline telephone number regarding continued court dates. The notice shall include a statement that a subsequent failure to appear in court could result in a warrant for the defendant's arrest and other significant consequences affecting their driving privileges. If the person does not (i) appear in court on or before the continued court date, (ii) satisfy the charge without a court appearance if allowed by Illinois Supreme Court Rule, or (iii) satisfy the court that the person's appearance in and surrender to the court is impossible for no fault of the person, the court shall: (1) for those offenses under this Code that are punishable by fine only, enter an ex parte judgment of conviction imposing a single assessment, specified in the applicable assessment Schedule 10 or 10.5 for the charged offense, as provided in the Criminal and Traffic Assessment Act, plus a fine allowed by statute and the clerk of the court shall notify the Secretary of State, in a manner and form prescribed by the Secretary, of the court's order, or (2) for those offenses under this Code that are punishable by a sentence of imprisonment, enter an order of failure to appear. The clerk of the court shall notify the Secretary of State, on a report prescribed by the Secretary, of the court's order. The Secretary, when notified by the clerk of the court that an order of failure to appear has been entered, shall immediately suspend the person's driver's license, which shall be designated by the Secretary as a failure to appear suspension. The Secretary shall not remove the suspension, nor issue any permit or privileges to the person whose license has been suspended, until the Secretary is notified by the ordering court that the person has appeared and resolved the violation or failure to appear order. Upon compliance, the clerk of the court shall present the person with a notice of compliance containing the seal of the court and shall notify the Secretary that the person has appeared and resolved the violation or failure to appear order. (c) Illinois Supreme Court Rules shall govern pretrial release and appearance procedures when a person who is a resident of another state that is not a member of the Nonresident Violator Compact of 1977 is cited for violating this Code or a similar provision of a local ordinance. The changes made to this Section by Public Act 103-0789 do not apply to suspensions entered pursuant to the Nonresident Violator Compact of 1977. (d) The changes made to this Section by Public Act 103-789 apply to each individual whose license was suspended pursuant to this Section from January 1, 2020 through June 30, 2025 for an offense under this Code that is punishable only by fine and did not involve the death of another person. No later than October 1, 2025, the clerk of the court shall notify the Secretary of State in a manner and form prescribed by the Secretary, of each failure to appear notification previously sent to the Secretary by the clerk of the court resulting from an offense that is punishable only by fine and did not involve the death of another person for which a notice of compliance had not been sent to the Secretary. No later than January 1, 2026, the Secretary shall rescind the suspension of each driver identified by the clerk of the court under this subsection (d) without further action by the person whose driver's license is suspended pursuant to this Section. (Source: P.A. 103-789, eff. 7-1-25 (see Section 55 of P.A. 103-1059 for the effective date of P.A. 103-789); 103-1059, eff. 12-20-24; 104-22, eff. 7-1-25.) |
(625 ILCS 5/Ch. 6 Art. IV heading) ARTICLE IV. COMMERCIAL DRIVER TRAINING SCHOOLS
(Source: P.A. 96-740, eff. 1-1-10; 96-962, eff. 7-2-10.) |
(625 ILCS 5/6-401) (from Ch. 95 1/2, par. 6-401)
Sec. 6-401. Driver training schools-license required. (a) No person, firm,
association, partnership or corporation shall operate a
driver training school or engage in the business of giving instruction for
hire or for a fee in (1) the driving of motor vehicles; or (2) the preparation of
an applicant for examination given by the Secretary of State for a drivers
license or permit, unless a license therefor has been issued by the
Secretary.
No public schools or educational institutions shall contract with entities
engaged in the business of giving instruction for hire or for a fee in the
driving
of motor vehicles for the preparation of an applicant for examination given
by the Secretary of State for a driver's license or permit, unless a license
therefor has been issued by the Secretary.
This subsection (a) shall not apply to (i) public schools or to educational
institutions in which driving instruction is part of the curriculum, (ii)
employers giving instruction to their employees, (iii) schools that teach enhanced driving skills to licensed drivers as set forth in Article X of Chapter 6 of this Code, or (iv) driver rehabilitation specialists or programs in which the clients of the rehabilitation specialists or programs have previously held driver's licenses.
(b) Any person, firm, association, partnership, or corporation that violates subsection (a) of this Section shall be guilty of a Class A misdemeanor for a first offense and a Class 4 felony for a second or subsequent offense. (Source: P.A. 102-749, eff. 1-1-23.)
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(625 ILCS 5/6-402) (from Ch. 95 1/2, par. 6-402)
Sec. 6-402. Qualifications of driver training schools. In order to
qualify for a license to operate a driver training school, each applicant must:
(a) be of good moral character;
(b) be at least 21 years of age;
(c) maintain an established place of business open to | ||
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(d) maintain bodily injury and property damage | ||
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(e) provide a continuous surety company bond in the | ||
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(f) have the equipment necessary to the giving of | ||
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(g) have and use a business telephone listing for all | ||
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(h) pay to the Secretary of State an application fee | ||
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(i) authorize an investigation to include a | ||
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No license shall be issued under this Section to a person who is a
spouse, offspring, sibling, parent, grandparent, grandchild, uncle or aunt,
nephew or niece, cousin, or in-law of the person whose license to do
business at that location has been revoked or denied or to a person who was
an officer or employee of a business firm that has had its license revoked
or denied, unless the Secretary of State is satisfied the application was
submitted in good faith and not for the purpose or effect of defeating the
intent of this Code.
(Source: P.A. 102-538, eff. 8-20-21; 102-982, eff. 7-1-23.)
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(625 ILCS 5/6-403) (from Ch. 95 1/2, par. 6-403)
Sec. 6-403. Established Place of Business. The established place of business of each driver training school must be
owned or leased by the driver training school and regularly occupied and
primarily used by that driver training school for the business of selling
and giving driving instructions for hire or for a fee, and the business of
preparing members of the public for examination given by the Secretary of
State for a drivers license.
(Source: P.A. 96-740, eff. 1-1-10; 96-962, eff. 7-2-10.)
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(625 ILCS 5/6-404) (from Ch. 95 1/2, par. 6-404)
Sec. 6-404. Location of Schools. The established place of business of each driver training school must be
located in a district which is zoned for business or commercial purposes.
The driver training school office must have a permanent sign clearly
readable from the street, from a distance of no less than 100 feet, with
the name of the driving school upon it.
(Source: P.A. 96-740, eff. 1-1-10; 96-962, eff. 7-2-10.)
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(625 ILCS 5/6-405) (from Ch. 95 1/2, par. 6-405)
Sec. 6-405. Restrictions of Locations. The established place of business, or branch office, branch class room
or advertised address of any driver training school shall not consist of or
include a house trailer, residence, tent, temporary stand, temporary
address, office space, a room or rooms in a hotel, rooming house or
apartment house, or premises occupied by a single or multiple unit dwelling
house or telephone answering service.
(Source: P.A. 96-740, eff. 1-1-10; 96-962, eff. 7-2-10.)
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(625 ILCS 5/6-406) (from Ch. 95 1/2, par. 6-406)
Sec. 6-406. Required Facilities.
(a) The established place of business of each driver training school
must consist of at least the following permanent facilities:
(1) An office facility;
(2) A class room facility.
(b) The main class room facility of each driver training school must be
reasonably accessible to the main office facility of the driver training
school.
(c) All class room facilities must have adequate lighting, heating,
ventilation, and must comply with all state, and local laws relating to
public health, safety and sanitation.
(d) The main office facility and branch office facility of each driver
training school must contain sufficient space, equipment, records and
personnel to carry on the business of the driver training school. The main
office facility must be specifically devoted to driver training school
business.
(e) A driver training school which as an established place of business
and a main office facility, may operate a branch office or a branch class
room provided that all the requirements for the main office or main class
room are met and that such branch office bears the same name and is
operated as a part of the same business entity as the main office facility.
(f) No driver training school may share any main or branch facility or
facilities with any other driver training school.
(Source: P.A. 96-740, eff. 1-1-10; 96-962, eff. 7-2-10.)
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(625 ILCS 5/6-407) (from Ch. 95 1/2, par. 6-407)
Sec. 6-407. Locations and State Facilities. No office or place of business of a driver training school shall be
established within 1,500 feet of any building used as an office by any
department of the Secretary of State having to do with the administration
of any laws relating to motor vehicles, nor may any driving school solicit
or advertise for business within 1,500 feet of any building used as an
office by the Secretary of State having to do with the administration of
any laws relating to motor vehicles.
(Source: P.A. 96-740, eff. 1-1-10; 96-962, eff. 7-2-10.)
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(625 ILCS 5/6-408) (from Ch. 95 1/2, par. 6-408)
Sec. 6-408. Records. All driver training schools licensed by the Secretary of State must
maintain a permanent record of instructions given to each student. The
record must contain the name of the school and the name of the student, the
number of all licenses or permits held by the student, the type and date of
instruction given, whether class room or behind the wheel, and the
signature of the instructor.
All permanent student instruction records must be kept on file in the
main office of each driver training school for a period of 3 calendar years
after the student has ceased taking instruction at or with the school.
The records should show the fees and charges of the school and also the
record should show the course content and instructions given to each
student.
(Source: P.A. 96-740, eff. 1-1-10; 96-962, eff. 7-2-10.)
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(625 ILCS 5/6-408.5)
Sec. 6-408.5. Courses for students or high school dropouts; limitation.
(a) No driver training school
or driving training instructor licensed under this Act may request a
certificate of completion from the Secretary of State as provided in Section
6-411 for any person who is enrolled as a
student in any public or non-public secondary school at the time such
instruction is to be provided, or who was so enrolled during the semester last
ended if that instruction is to be provided between semesters or during the
summer after the regular school term ends, unless that student has received a
passing grade in at least 8 courses during the 2 semesters last ending prior to
requesting a certificate of completion from the Secretary of State for the
student.
(b) No driver training school or driving training instructor licensed under
this Act may request a certificate of completion from the Secretary of State as
provided in Section 6-411 for any person who has dropped out of school and has
not yet attained the age of 18 years unless the driver training school or
driving training instructor has: 1) obtained written documentation verifying
the
dropout's enrollment in a high school equivalency testing or alternative education program or has obtained
a copy of the dropout's State of Illinois High School Diploma; 2) obtained verification that the
student prior to dropping out had received a passing grade in at least 8
courses during the 2 previous
semesters last ending prior to requesting a certificate of completion; or 3)
obtained written consent from the dropout's parents or guardians and the
regional superintendent.
(c) Students shall be informed of the
eligibility requirements of this Act
in writing at the time of registration.
(d) The superintendent of schools of the
school district in which the student resides and attends school or in which
the student resides at the time he or she drops out of school (with respect
to a public high school student or a dropout from the public high school)
or the chief school administrator (with
respect to a student who attends a non-public high school or a dropout from a
non-public high school) may waive the requirements of this Section if the superintendent
or chief school administrator, as the case
may be, deems it to be in the best interests of the student or dropout.
Before requesting a certificate of completion from the Secretary of State
for any person who is enrolled
as
a student in any public or non-public secondary school or who was so enrolled
in the semester last ending prior to the request for a certificate of
completion from the Secretary of State or who is of high school age, the driver
training school shall
determine from the school district in which that person resides or resided at
the time of dropping out of school, or from the
chief administrator of the non-public high school attended or last
attended by such person, as
the case may be, that such person is not ineligible to receive a certificate
of completion under this Section.
(Source: P.A. 102-1100, eff. 1-1-23.)
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(625 ILCS 5/6-409) (from Ch. 95 1/2, par. 6-409)
Sec. 6-409. Display of License. Each driver training school must display at a prominent place in its
main office all of the following:
(a) The State license issued to the school;
(b) The names and addresses and State instructors licenses of all
instructors employed by the school;
(c) The address of all branch offices and branch class rooms.
(Source: P.A. 96-740, eff. 1-1-10; 96-962, eff. 7-2-10.)
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(625 ILCS 5/6-410) (from Ch. 95 1/2, par. 6-410)
Sec. 6-410. Vehicle inspections. The Department of Transportation shall
provide for the inspection of all motor vehicles used for driver training,
and shall issue a safety inspection sticker provided:
(a) The motor vehicle has been inspected by the Department and found to
be in safe mechanical condition;
(b) The motor vehicle is equipped with dual control brakes and a
mirror on each side of the motor vehicle so located as to reflect to the
driver a view of the highway for a distance of at least 200 feet to the
rear of such motor vehicle; and
(c) The motor vehicle is equipped with a sign or signs visible from the
front and the rear in letters no less than 2 inches tall, listing the full
name of the driver training school which has registered and insured the
motor vehicle.
(Source: P.A. 96-740, eff. 1-1-10; 96-962, eff. 7-2-10.)
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(625 ILCS 5/6-411) (from Ch. 95 1/2, par. 6-411) (Text of Section from P.A. 104-260) Sec. 6-411. Qualifications of Driver Training Instructors. In order to qualify for a license as an instructor for a driving school, an applicant must: (a) Be of good moral character; (b) Authorize an investigation to include a | ||
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(c) Pass such examination as the Secretary of State | ||
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(d) Be physically able to operate safely a motor | ||
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(e) Hold a valid Illinois drivers license; (f) Have graduated from an accredited high school | ||
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(g) Pay to the Secretary of State an application and | ||
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If a driver training school class room instructor teaches an approved driver education course, as defined in Section 1-103 of this Code, to students under 18 years of age, he or she shall furnish to the Secretary of State a certificate issued by the State Board of Education that the said instructor is qualified and meets the minimum educational standards for teaching driver education courses in the local public or parochial school systems, except that no State Board of Education certification shall be required of any instructor who teaches exclusively in a commercial driving school. On and after July 1, 1986, the existing rules and regulations of the State Board of Education concerning commercial driving schools shall continue to remain in effect but shall be administered by the Secretary of State until such time as the Secretary of State shall amend or repeal the rules in accordance with the Illinois Administrative Procedure Act. Upon request, the Secretary of State shall issue a certificate of completion to a student under 18 years of age who has completed an approved driver education course at a commercial driving school.(Source: P.A. 104-260, eff. 8-15-25.) (Text of Section from P.A. 104-275) Sec. 6-411. Qualifications of Driver Training Instructors. In order to qualify for a license as an instructor for a driving school, an applicant must: (a) Be of good moral character; (b) Authorize an investigation to include a | ||
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(c) Pass such examination as the Secretary of State | ||
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(d) Be physically able to operate safely a motor | ||
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(e) Hold a valid Illinois drivers license; (e-5) Have held a valid driver's license for any | ||
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(f) Have graduated from an accredited high school | ||
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(g) Pay to the Secretary of State an application and | ||
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If a driver training school class room instructor teaches an approved driver education course, as defined in Section 1-103 of this Code, to students under 18 years of age, he or she shall furnish to the Secretary of State a certificate issued by the State Board of Education that the said instructor is qualified and meets the minimum educational standards for teaching driver education courses in the local public or parochial school systems, except that no State Board of Education certification shall be required of any instructor who teaches exclusively in a commercial driving school. On and after July 1, 1986, the existing rules and regulations of the State Board of Education concerning commercial driving schools shall continue to remain in effect but shall be administered by the Secretary of State until such time as the Secretary of State shall amend or repeal the rules in accordance with the Illinois Administrative Procedure Act. Upon request, the Secretary of State shall issue a certificate of completion to a student under 18 years of age who has completed an approved driver education course at a commercial driving school.(Source: P.A. 104-275, eff. 1-1-26.) |
(625 ILCS 5/6-412) (from Ch. 95 1/2, par. 6-412)
Sec. 6-412. Issuance of Licenses to Driver Training Schools and Driver Training
Instructors. The Secretary of State shall issue a license certificate to each
applicant to conduct a driver training school or to each driver training
instructor when the Secretary of State is satisfied that such person has
met the qualifications required under this Act.
(Source: P.A. 96-740, eff. 1-1-10; 96-962, eff. 7-2-10.)
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(625 ILCS 5/6-413) (from Ch. 95 1/2, par. 6-413)
Sec. 6-413. Expiration of Licenses. All outstanding licenses issued to any driver training school or driver
training instructor under this Act shall expire by operation of law 24
months from the date of issuance, unless sooner cancelled, suspended or
revoked under the provisions of Section 6-420.
(Source: P.A. 96-740, eff. 1-1-10; 96-962, eff. 7-2-10.)
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(625 ILCS 5/6-414) (from Ch. 95 1/2, par. 6-414)
Sec. 6-414. Renewal of Licenses. The license of each driver training school may be renewed subject to the
same conditions as the original license, and upon the payment of a
renewal license fee of $500 and $50 for each renewal of a branch
application.
(Source: P.A. 96-740, eff. 1-1-10; 96-962, eff. 7-2-10.)
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(625 ILCS 5/6-415) (from Ch. 95 1/2, par. 6-415)
Sec. 6-415. Renewal Fee. The license of each driver training instructor may be renewed subject to
the same conditions of the original license, and upon the payment of annual
renewal license fee of $70.
(Source: P.A. 96-740, eff. 1-1-10; 96-962, eff. 7-2-10.)
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(625 ILCS 5/6-416) (from Ch. 95 1/2, par. 6-416)
Sec. 6-416. Licenses: Form and Filing. All applications for renewal of a driver training school license or
driver training instructor's license shall be on a form prescribed by the
Secretary, and must be filed with the Secretary not
less than 15 days preceding the expiration date of the license to be renewed.
(Source: P.A. 96-740, eff. 1-1-10; 96-962, eff. 7-2-10.)
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(625 ILCS 5/6-417) (from Ch. 95 1/2, par. 6-417)
Sec. 6-417. Instructor's license. Each driver training instructor's license shall authorize the licensee
to instruct only at or for the driver training school indicated on the
license. The Secretary shall not issue a driver training instructor's
license to any individual who is licensed to instruct at or for another
driver training school.
(Source: P.A. 96-740, eff. 1-1-10; 96-962, eff. 7-2-10.)
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(625 ILCS 5/6-418) (from Ch. 95 1/2, par. 6-418)
Sec. 6-418.
Instructor's Records.
Every licensee shall keep a record showing the name and address of each
person given instruction and the instruction permit or driver's license
number of every person given instruction in the driving of a motor vehicle,
and shall show the particular type of instruction given and how much time
was devoted to each such type of instruction. Such records shall be open to
the inspection of the Secretary or his representatives at all reasonable
times, but shall be for the confidential use of the Secretary.
(Source: P.A. 76-1586.)
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(625 ILCS 5/6-419) (from Ch. 95 1/2, par. 6-419)
Sec. 6-419. Rules and regulations. The Secretary is authorized to prescribe by rule standards for the
eligibility, conduct and operation of driver training schools, and
instructors and to adopt other reasonable rules and regulations necessary
to carry out the provisions of this Act. The Secretary may adopt rules exempting particular types of driver training schools from specific statutory provisions in Sections 6-401 through 6-424, where application of those provisions would be inconsistent with the manner of instruction offered by those schools. The Secretary, in consultation with the State Board of Education, shall adopt course content standards for driver education for those persons under the age of 18 years, which shall include the operation and equipment of motor vehicles. After June 30, 2017, the course content standards for driver education provided by a driver training school to those persons under the age of 18 years shall include instruction concerning law enforcement procedures for traffic stops, including a demonstration of the proper actions to be taken during a traffic stop and appropriate interactions with law enforcement.
(Source: P.A. 99-720, eff. 1-1-17.)
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(625 ILCS 5/6-420) (from Ch. 95 1/2, par. 6-420)
Sec. 6-420. Denial, cancellation, suspension, revocation and failure to
renew license. The Secretary may deny, cancel, suspend or revoke, or refuse
to renew any driver training school license or any driver training instructor
license:
(1) When the Secretary is satisfied that the licensee | ||
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(2) Whenever the licensee fails to keep the records | ||
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(3) Whenever the licensee permits fraud or engages in | ||
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(4) Whenever the licensee fails to comply with any | ||
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(5) Whenever the licensee represents himself as an | ||
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(6) Whenever the licensee or any employee or agent of | ||
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(7) Whenever the licensee is convicted of driving | ||
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(8) Whenever a driver training school advertises that | ||
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(Source: P.A. 102-982, eff. 7-1-23.)
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(625 ILCS 5/6-421) (from Ch. 95 1/2, par. 6-421)
Sec. 6-421.
Judicial Review.
The action of the Secretary in cancelling, suspending, revoking or
denying any license under this Act shall be subject to judicial review in
the Circuit Court of Sangamon County or the Circuit Court of Cook County,
and the provisions of the Administrative Review Law,
and all amendments and modifications thereto, and the rules adopted
pursuant thereto, are hereby adopted and shall apply to and govern every
action for judicial review of the final acts or decisions of the Secretary
under this Act.
(Source: P.A. 82-783.)
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(625 ILCS 5/6-422) (from Ch. 95 1/2, par. 6-422)
Sec. 6-422. Prior law and licenses thereunder. This Act shall not affect the validity of any outstanding license issued
to any driver training school or driver training instructor by the
Secretary of State under any prior law, nor shall this Act affect the
validity or legality of any contract, agreement or undertaking entered into
by any driver training school or driver training instructor, or any person,
firm, corporation, partnership or association based on those provisions of
any prior law.
(Source: P.A. 96-740, eff. 1-1-10; 96-962, eff. 7-2-10.)
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(625 ILCS 5/6-423) (from Ch. 95 1/2, par. 6-423)
Sec. 6-423. Deposit of fees.
Fees collected under this Article shall be disbursed under subsection (g) of Section 2-119 of this Code.
(Source: P.A. 99-127, eff. 1-1-16.)
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(625 ILCS 5/6-424) (from Ch. 95 1/2, par. 6-424)
Sec. 6-424.
Injunctions.
If any person operates in violation of any
provision of this Article, or any rule, regulation, order, or decision of
the Secretary of State established under this Article, or in violation of
any term, condition or limitation of any license issued under this Article,
the Secretary of State, or any other person injured as a result, or any
interested person, may apply to the circuit court of the county where the
violation or some part occurred, or where the person complained of has an
established or additional place of business or resides, to prevent the
violation. The court may enforce compliance by injunction or other process
restraining the person from further violation and compliance.
(Source: P.A. 87-829; 87-832.)
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(625 ILCS 5/Ch. 6 Art. V heading) ARTICLE V.
COMMERCIAL MOTOR VEHICLE OPERATORS
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(625 ILCS 5/6-500) (from Ch. 95 1/2, par. 6-500)
Sec. 6-500. Definitions of words and phrases. Notwithstanding the
definitions set forth elsewhere in this
Code, for purposes of the Uniform Commercial Driver's License Act
(UCDLA), the words and phrases listed below have the meanings
ascribed to them as follows:
(1) Alcohol. "Alcohol" means any substance containing any form of
alcohol, including but not limited to ethanol,
methanol,
propanol, and
isopropanol.
(2) Alcohol concentration. "Alcohol concentration" means:
(A) the number of grams of alcohol per 210 liters of | ||
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(B) the number of grams of alcohol per 100 | ||
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(C) the number of grams of alcohol per 67 milliliters | ||
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Alcohol tests administered within 2 hours of the driver being
"stopped or detained" shall be considered that driver's "alcohol
concentration" for the purposes of enforcing this UCDLA.
(3) (Blank).
(4) (Blank).
(5) (Blank).
(5.3) CDLIS driver record. "CDLIS driver record" means the electronic record of the individual CDL driver's status and history stored by the State-of-Record as part of the Commercial Driver's License Information System, or CDLIS, established under 49 U.S.C. 31309. (5.5) CDLIS motor vehicle record. "CDLIS motor vehicle record" or "CDLIS MVR" means a report generated from the CDLIS driver record meeting the requirements for access to CDLIS information and provided by states to users authorized in 49 C.F.R. 384.225(e)(3) and (4), subject to the provisions of the Driver Privacy Protection Act, 18 U.S.C. 2721-2725. (5.7) Commercial driver's license downgrade. "Commercial driver's license downgrade" or "CDL downgrade" means either: (A) a state allows the driver to change his or her | ||
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(B) a state allows the driver to change his or her | ||
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(C) a state allows the driver to change his or her | ||
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(D) a state removes the CDL privilege from the driver | ||
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(6) Commercial Motor Vehicle.
(A) "Commercial motor vehicle" or "CMV" means a motor | ||
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(i) has a gross combination weight rating or | ||
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(i-5) has a gross vehicle weight rating or gross | ||
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(ii) is designed to transport 16 or more persons, | ||
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(iii) is of any size and is used in transporting | ||
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(B) Pursuant to the interpretation of the Commercial | ||
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(i) recreational vehicles, when operated | ||
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(ii) vehicles owned by or operated under the | ||
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(iii) firefighting, police, and other emergency | ||
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(7) Controlled Substance. "Controlled substance" shall have the same
meaning as defined in Section 102 of the Illinois Controlled Substances Act,
and shall also include cannabis as defined in Section 3 of the Cannabis Control
Act and methamphetamine as defined in Section 10 of the Methamphetamine Control and Community Protection Act.
(8) Conviction. "Conviction" means an unvacated adjudication of guilt
or a determination that a person has violated or failed to comply with the
law in a court of original jurisdiction or by an authorized administrative
tribunal; an unvacated revocation of pretrial release; a plea of guilty or nolo contendere accepted by the court; or the payment of a fine or court cost
regardless of whether the imposition of sentence is deferred and ultimately
a judgment dismissing the underlying charge is entered.
(8.5) Day. "Day" means calendar day.
(9) (Blank).
(10) (Blank).
(11) (Blank).
(12) (Blank).
(13) Driver. "Driver" means any person who drives, operates, or is in
physical control of a commercial motor vehicle, any person who is required to hold a
CDL, or any person who is a holder of a CDL while operating a non-commercial motor vehicle.
(13.5) Driver applicant. "Driver applicant" means an individual who applies to a state or other jurisdiction to obtain, transfer, upgrade, or renew a CDL or to obtain or renew a CLP.
(13.6) Drug and alcohol clearinghouse. "Drug and alcohol clearinghouse" means a database system established by the Federal Motor Carrier Safety Administration that permits the access and retrieval of a drug and alcohol testing violation or violations precluding an applicant or employee from occupying safety-sensitive positions involving the operation of a commercial motor vehicle. (13.8) Electronic device. "Electronic device" includes, but is not limited to, a cellular telephone, personal digital assistant, pager, computer, or any other device used to input, write, send, receive, or read text. (14) Employee. "Employee" means a person who is employed as a
commercial
motor vehicle driver. A person who is self-employed as a commercial motor
vehicle driver must comply with the requirements of this UCDLA
pertaining to employees. An
owner-operator on a long-term lease shall be considered an employee.
(15) Employer. "Employer" means a person (including the United
States, a State or a local authority) who owns or leases a commercial motor
vehicle or assigns employees to operate such a vehicle. A person who is
self-employed as a commercial motor vehicle driver must
comply with the requirements of this UCDLA.
(15.1) Endorsement. "Endorsement" means an authorization to an individual's CLP or CDL required to permit the individual to operate certain types of commercial motor vehicles. (15.2) Entry-level driver training. "Entry-level driver training" means the training an entry-level driver receives from an entity listed on the Federal Motor Carrier Safety Administration's Training Provider Registry prior to: (i) taking the CDL skills test required to receive the Class A or Class B CDL for the first time; (ii) taking the CDL skills test required to upgrade to a Class A or Class B CDL; or (iii) taking the CDL skills test required to obtain a passenger or school bus endorsement for the first time or the CDL knowledge test required to obtain a hazardous materials endorsement for the first time. (15.3) Excepted interstate. "Excepted interstate" means a person who operates or expects to operate in interstate commerce, but engages exclusively in transportation or operations excepted under 49 C.F.R. 390.3(f), 391.2, 391.68, or 398.3 from all or part of the qualification requirements of 49 C.F.R. Part 391 and is not required to obtain a medical examiner's certificate by 49 C.F.R. 391.45. (15.5) Excepted intrastate. "Excepted intrastate" means a person who operates in intrastate commerce but engages exclusively in transportation or operations excepted from all or parts of the state driver qualification requirements. (16) (Blank).
(16.5) Fatality. "Fatality" means the death of a person as a result of a motor vehicle crash.
(16.7) Foreign commercial driver. "Foreign commercial driver" means a person licensed to operate a commercial motor vehicle by an authority outside the United States, or a citizen of a foreign country who operates a commercial motor vehicle in the United States. (17) Foreign jurisdiction. "Foreign jurisdiction" means a sovereign
jurisdiction that does not fall within the definition of "State".
(18) (Blank).
(19) (Blank).
(20) Hazardous materials. "Hazardous material" means any material that has been designated under 49 U.S.C.
5103 and is required to be placarded under subpart F of 49 C.F.R. part 172 or any quantity of a material listed as a select agent or toxin in 42 C.F.R. part 73.
(20.5) Imminent Hazard. "Imminent hazard" means the existence of any condition of a vehicle, employee, or commercial motor vehicle operations that substantially increases the likelihood of serious injury or death if not discontinued immediately; or a condition relating to hazardous material that presents a substantial likelihood that death, serious illness, severe personal injury, or a substantial endangerment to health, property, or the environment may occur before the reasonably foreseeable completion date of a formal proceeding begun to lessen the risk of that death, illness, injury or endangerment.
(20.6) Issuance. "Issuance" means initial issuance, transfer, renewal, or upgrade of a CLP or CDL and non-domiciled CLP or CDL. (20.7) Issue. "Issue" means initial issuance, transfer, renewal, or upgrade of a CLP or CDL and non-domiciled CLP or non-domiciled CDL. (21) Long-term lease. "Long-term lease" means a lease of a commercial
motor vehicle by the owner-lessor to a lessee, for a period of more than 29
days.
(21.01) Manual transmission. "Manual transmission" means a transmission utilizing a driver-operated clutch that is activated by a pedal or lever and a gear-shift mechanism operated either by hand or foot including those known as a stick shift, stick, straight drive, or standard transmission. All other transmissions, whether semi-automatic or automatic, shall be considered automatic for the purposes of the standardized restriction code. (21.1) Medical examiner. "Medical examiner" means an individual certified by the Federal Motor Carrier Safety Administration and listed on the National Registry of Certified Medical Examiners in accordance with Federal Motor Carrier Safety Regulations, 49 CFR 390.101 et seq. (21.2) Medical examiner's certificate. "Medical examiner's certificate" means either (1) prior to June 22, 2021, a document prescribed or approved by the Secretary of State that is issued by a medical examiner to a driver to medically qualify him or her to drive; or (2) beginning June 22, 2021, an electronic submission of results of an examination conducted by a medical examiner listed on the National Registry of Certified Medical Examiners to the Federal Motor Carrier Safety Administration of a driver to medically qualify him or her to drive. (21.5) Medical variance. "Medical variance" means a driver has received one of the following from the Federal Motor Carrier Safety Administration which allows the driver to be issued a medical certificate: (1) an exemption letter permitting operation of a commercial motor vehicle pursuant to 49 C.F.R. Part 381, Subpart C or 49 C.F.R. 391.64; or (2) a skill performance evaluation (SPE) certificate permitting operation of a commercial motor vehicle pursuant to 49 C.F.R. 391.49. (21.7) Mobile telephone. "Mobile telephone" means a mobile communication device that falls under or uses any commercial mobile radio service, as defined in regulations of the Federal Communications Commission, 47 CFR 20.3. It does not include two-way or citizens band radio services. (22) Motor Vehicle. "Motor vehicle" means every vehicle
which is self-propelled, and every vehicle which is propelled by electric
power obtained from over head trolley wires but not operated upon rails,
except vehicles moved solely by human power and motorized wheel chairs.
(22.2) Motor vehicle record. "Motor vehicle record" means a report of the driving status and history of a driver generated from the driver record provided to users, such as drivers or employers, and is subject to the provisions of the Driver Privacy Protection Act, 18 U.S.C. 2721-2725. (22.5) Non-CMV. "Non-CMV" means a motor vehicle or combination of motor vehicles not defined by the term "commercial motor vehicle" or "CMV" in this Section.
(22.7) Non-excepted interstate. "Non-excepted interstate" means a person who operates or expects to operate in interstate commerce, is subject to and meets the qualification requirements under 49 C.F.R. Part 391, and is required to obtain a medical examiner's certificate by 49 C.F.R. 391.45. (22.8) Non-excepted intrastate. "Non-excepted intrastate" means a person who operates only in intrastate commerce and is subject to State driver qualification requirements. (23) Non-domiciled CLP or Non-domiciled CDL. "Non-domiciled CLP" or "Non-domiciled CDL" means a CLP or CDL, respectively, issued by a state or other jurisdiction under either of the following two conditions: (i) to an individual domiciled in a foreign country | ||
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(ii) to an individual domiciled in another state | ||
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(24) (Blank).
(25) (Blank).
(25.5) Railroad-Highway Grade Crossing Violation. "Railroad-highway
grade
crossing violation" means a
violation, while operating a commercial motor vehicle, of
any
of the following:
(A) Section 11-1201, 11-1202, or 11-1425 of this | ||
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(B) Any other similar law or local ordinance of any | ||
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(25.7) School Bus. "School bus" means a commercial motor vehicle used to transport pre-primary, primary, or secondary school students from home to school, from school to home, or to and from school-sponsored events. "School bus" does not include a bus used as a common carrier.
(26) Serious Traffic Violation. "Serious traffic violation"
means:
(A) a conviction when operating a commercial motor | ||
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(i) a violation relating to excessive speeding, | ||
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(ii) a violation relating to reckless driving; or
(iii) a violation of any State law or local | ||
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(iv) a violation of Section 6-501, relating to | ||
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(v) a violation of paragraph (a) of Section | ||
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(vi) a violation relating to improper or erratic | ||
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(vii) a violation relating to following another | ||
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(viii) a violation relating to texting while | ||
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(ix) a violation relating to the use of a | ||
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(B) any other similar violation of a law or local | ||
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(27) State. "State" means a state of the United States, the District of
Columbia and any province or territory of Canada.
(28) (Blank).
(29) (Blank).
(30) (Blank).
(31) (Blank).
(32) Texting. "Texting" means manually entering alphanumeric text into, or reading text from, an electronic device. (1) Texting includes, but is not limited to, short | ||
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(2) Texting does not include: (i) inputting, selecting, or reading information | ||
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(ii) pressing a single button to initiate or | ||
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(iii) using a device capable of performing | ||
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(32.3) Third party skills test examiner. "Third party skills test examiner" means a person employed by a third party tester who is authorized by the State to administer the CDL skills tests specified in 49 C.F.R. Part 383, subparts G and H. (32.5) Third party tester. "Third party tester" means a person (including, but not limited to, another state, a motor carrier, a private driver training facility or other private institution, or a department, agency, or instrumentality of a local government) authorized by the State to employ skills test examiners to administer the CDL skills tests specified in 49 C.F.R. Part 383, subparts G and H. (32.7) United States. "United States" means the 50 states and the District of Columbia. (33) Use a hand-held mobile telephone. "Use a hand-held mobile telephone" means: (1) using at least one hand to hold a mobile | ||
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(2) dialing or answering a mobile telephone by | ||
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(3) reaching for a mobile telephone in a manner that | ||
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(Source: P.A. 102-982, eff. 7-1-23; 102-1104, eff. 1-1-23; 103-179, eff. 6-30-23.) |
(625 ILCS 5/6-500.1) (from Ch. 95 1/2, par. 6-500.1)
Sec. 6-500.1.
Short title.
This Article may be cited as the Uniform
Commercial Driver's License Act or "UCDLA".
(Source: P.A. 86-845.)
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(625 ILCS 5/6-500.2) (from Ch. 95 1/2, par. 6-500.2)
Sec. 6-500.2. Statement of intent and purpose. The purpose of this
UCDLA is to implement the federal Commercial Motor Vehicle Safety Act of
1986 (CMVSA) (Title XII of Pub. Law 99-570) and reduce or prevent
commercial motor vehicle crashes, fatalities and injuries by:
(a) permitting commercial drivers to hold only one | ||
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(b) disqualifying commercial drivers who have | ||
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(c) strengthening commercial driver licensing and | ||
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This UCDLA is remedial in nature and should be liberally construed to
promote the public's health, safety and welfare. To the extent that this
UCDLA conflicts with any other provisions of this Code, the UCDLA shall
prevail. Where this UCDLA is silent, the other general provisions of this
Code shall apply.
(Source: P.A. 102-982, eff. 7-1-23.)
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(625 ILCS 5/6-501) (from Ch. 95 1/2, par. 6-501)
Sec. 6-501. Commercial drivers - permitted only one driver's
license. No person who drives a commercial
motor vehicle, on the highways, shall have more than one driver's
license.
Any person convicted of violating this Section shall be guilty of a Class
A misdemeanor.
(Source: P.A. 95-382, eff. 8-23-07.)
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(625 ILCS 5/6-502) (from Ch. 95 1/2, par. 6-502)
Sec. 6-502. Commercial motor vehicle drivers - reporting
of traffic violations to the Secretary of State. When required by the
Commercial Motor Vehicle Safety Act
of 1986, every person who has been issued an Illinois
non-domiciled CLP or non-domiciled CDL or who is a domiciliary of this State and drives
a commercial motor vehicle in violation
of a law or local ordinance of any State relating to motor vehicle
traffic control (other than parking violations) in any other
state, shall notify the Secretary of State, on a form and in
a manner prescribed by the Secretary, of such violation
within 30 days after the date such person has been convicted of such offense.
(Source: P.A. 98-176 (see Section 10 of P.A. 98-722 and Section 10 of P.A. 99-414 for the effective date of changes made by P.A. 98-176).)
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(625 ILCS 5/6-503) (from Ch. 95 1/2, par. 6-503)
Sec. 6-503. Commercial motor vehicle drivers - reporting of traffic
violations to employer. Every person who is
a domiciliary of this State or who has been issued an Illinois non-domiciled CLP or non-domiciled CDL
and drives a commercial motor vehicle in
violation of a law or local ordinance of any State
relating to motor vehicle
traffic control (other than parking violations) in this or any other state,
shall notify such person's employer of such violation
within 30 days after the
date such person is convicted of such offense.
In the event such person is a "common carrier of property by motor
vehicle", as defined in
Section 18c-1104 of this Code, such person shall notify the
principal lessor of such within 30 days after the date such person is
convicted of the violation. However, if such person is
an independent contractor or owner operator, such report shall be kept at
the principal place of business and available during normal office hours
for inspection and auditing purposes by an authorized agency.
(Source: P.A. 98-176 (see Section 10 of P.A. 98-722 and Section 10 of P.A. 99-414 for the effective date of changes made by P.A. 98-176).)
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(625 ILCS 5/6-504) (from Ch. 95 1/2, par. 6-504)
Sec. 6-504.
Commercial motor vehicle drivers - other
reporting requirements. All drivers of commercial motor vehicles licensed
or domiciled in Illinois:
(1) who have their driving privileges suspended, revoked or cancelled by any state; or
(2) who lose their privilege to operate a commercial motor
vehicle in any state for any period; or
(3) who are disqualified from driving a commercial
motor vehicle for any period; or
(4) who are placed "out-of-service" pursuant to Section 6-515;
shall notify: (i) their employer of such suspension, revocation,
cancellation, lost right, disqualification, or "out-of-service" action before
the end of the business day following the day the driver received notice of
such action; and within 30 days after the effective date of such action.
(ii) the Secretary of State of any such out-of-state suspension,
revocation, cancellation, lost right, disqualification, or "out-of-service"
action within 30 days after the effective date of such action.
(Source: P.A. 86-845.)
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(625 ILCS 5/6-505) (from Ch. 95 1/2, par. 6-505)
Sec. 6-505.
Commercial motor vehicle driver - duty to report certain
previous employment to potential employer. Each person who applies for
employment as a driver of a commercial motor vehicle, with any employer,
shall notify
such potential employer at the time of such application of any and all
previous employment for the last 10 years, as a driver of a commercial
motor vehicle including, but
not necessarily limited to, the dates between which the applicant drove
for each employer, the reason for leaving each such employment and the
information contained in the notification
requirements of Section 6-504.
(Source: P.A. 86-845.)
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(625 ILCS 5/6-506) (from Ch. 95 1/2, par. 6-506)
Sec. 6-506. Commercial motor vehicle driver - employer/owner
responsibilities. (a) No employer or commercial motor
vehicle owner shall
allow, permit,
authorize, or require an employee to drive a commercial motor
vehicle on the highways if he or she knows or should reasonably know that the employee:
(1) has a driver's license suspended, revoked or | ||
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(2) has lost the privilege to drive a commercial | ||
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(3) has been disqualified from driving a commercial | ||
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(4) has more than one CLP or CDL, except as provided | ||
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(5) is subject to or in violation of an | ||
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(6) does not have a current CLP or CDL or a CLP or | ||
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(b) No employer or commercial motor vehicle owner shall
knowingly allow,
permit, authorize, or require a driver to operate a commercial motor vehicle in
violation of any law or regulation pertaining to railroad-highway grade
crossings.
(b-3) No employer or commercial motor vehicle owner shall knowingly allow, permit, authorize, or require a driver to operate a commercial motor vehicle during any period in which the commercial motor vehicle is subject to an "out-of-service" order. (b-5) No employer or commercial motor vehicle owner shall knowingly allow, permit, authorize, or require a driver to operate a commercial motor vehicle during any period in which the motor carrier operation is subject to an "out-of-service" order.
(c) Any employer convicted of violating subsection (a), (b-3), or (b-5) of this
Section, whether
individually or
in connection with one or more other persons, or as principal agent, or
accessory, shall be guilty of a Class A misdemeanor.
(Source: P.A. 98-176 (see Section 10 of P.A. 98-722 and Section 10 of P.A. 99-414 for the effective date of changes made by P.A. 98-176); 98-722, eff. 7-16-14.)
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(625 ILCS 5/6-507) (from Ch. 95 1/2, par. 6-507)
Sec. 6-507. Commercial Driver's License (CDL) or Commercial Learner's Permit (CLP) required.
(a) Except as expressly permitted by this UCDLA, or when driving
pursuant to the issuance of a commercial learner's permit and
accompanied by the holder of a CDL valid for the vehicle being driven; no
person shall drive a commercial motor vehicle on the highways without: (1) a CDL in the driver's possession; (2) having obtained a CLP or CDL; (3) the proper class of CLP or CDL or endorsements or | ||
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(4) a copy of a medical variance document, if one | ||
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(a-5) A CLP or CDL holder whose CLP or CDL is held by this State or any other state in the course of enforcement of a motor vehicle traffic code and who has not been convicted of a disqualifying offense under 49 C.F.R. 383.51 based on this enforcement, may drive a CMV while holding a dated receipt for the CLP or CDL. (b) Except as otherwise provided by this Code, no person may drive a
commercial motor vehicle on the highways while such person's driving
privilege, license, or permit is:
(1) Suspended, revoked, cancelled, or subject to | ||
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(2) Subject to or in violation of an "out-of-service" | ||
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(3) Subject to or in violation of a driver or vehicle | ||
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(b-3) Except as otherwise provided by this Code, no person may drive a commercial motor vehicle on the highways during a period which the commercial motor vehicle or the motor carrier operation is subject to an "out-of-service" order. Any person who is convicted of violating this provision or a similar provision of any other state shall be disqualified from operating a commercial motor vehicle under subsection (i) of Section 6-514 of this Code. (b-5) Except as otherwise provided by this Code, no person may operate a vehicle designed to transport 16 or more passengers including the driver or hazardous materials of a type or quantity that requires the vehicle to be placarded during a period in which the commercial motor vehicle or the motor carrier operation is subject to an "out-of-service" order. Any person who is convicted of violating this provision or a similar provision of any other state shall be disqualified from operating a commercial motor vehicle under subsection (i) of Section 6-514 of this Code.
(c) Pursuant to the options provided to the States by FHWA Docket No.
MC-88-8, the driver of any motor vehicle controlled or operated by or for a
farmer is waived from the requirements of this Section, when such motor
vehicle is being used to transport: agricultural products; implements of
husbandry; or farm supplies; to and from a farm, as long as such movement is not over 150 air
miles from the originating farm. This waiver does not apply to
the driver of any motor vehicle
being used in a common or contract carrier type operation.
However, for those drivers of any truck-tractor
semitrailer combination or combinations registered under subsection (c) of
Section 3-815 of this Code, this waiver shall apply only when the
driver is a farmer or a member of the farmer's family and the driver is 21
years
of age or more and has successfully completed any
tests the Secretary of State deems necessary.
In addition, the farmer or a member of the farmer's family who operates a
truck-tractor semitrailer combination or combinations pursuant to this waiver
shall be granted all of the rights and shall be subject to all of the duties
and restrictions with respect to Sections 6-514 and 6-515 of this Code
applicable to the driver who possesses a commercial driver's license issued
under this Code, except that the driver shall not be subject to any additional
duties or restrictions contained
in Part 382 of the Federal Motor Carrier Safety Regulations that are
not otherwise imposed under Section 6-514 or 6-515 of this Code.
For purposes of this subsection (c), a member of the farmer's family is a
natural or in-law spouse, child, parent, or sibling.
As required under the Code of Federal Regulations 49 CFR 390.39, an operator of a covered farm vehicle, as defined under Section 18b-101 of this Code, is exempt from the requirements of this Section. However, for drivers of any truck-tractor semitrailer combination or combinations operating as a covered farm vehicle, the driver must successfully complete any tests the Secretary of State deems necessary. When operating any truck-tractor semitrailer combination as a covered farm vehicle, the exemption applies only to persons age 21 or older, if operating the vehicle in interstate driving, and to persons at least 18 years of age, if operating the vehicle in intrastate driving. The Secretary may adopt rules necessary to implement this Section. (c-5) An employee of a township or road district with a population of
less
than 3,000 operating a vehicle within the boundaries of the township or road
district for the purpose of removing snow or ice from a roadway by plowing,
sanding, or salting is waived from the requirements of this Section when the
employee is needed to operate the vehicle because the employee of the township
or road district who ordinarily operates the vehicle and who has a commercial
driver's license is unable to operate the vehicle or is in need of additional
assistance due to a snow emergency.
(c-10) A driver of a commercial motor vehicle used primarily in the transportation of propane winter heating fuel or a driver of a motor vehicle used to respond to a pipeline emergency is waived from the requirements of this Section if such requirements would prevent the driver from responding to an emergency condition requiring immediate response as defined in 49 C.F.R. Part 390.5. (d) Any person convicted of violating this Section, shall be guilty of a
Class A misdemeanor.
(e) Any person convicted of violating paragraph (1) of subsection (b) of this Section,
shall have all driving privileges revoked by the Secretary of State.
(f) This Section shall not apply to:
(1) A person who currently holds a valid Illinois | ||
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(2) A non-Illinois domiciliary who is properly | ||
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(Source: P.A. 98-176 (see Section 10 of P.A. 98-722 and Section 10 of P.A. 99-414 for the effective date of changes made by P.A. 98-176); 99-57, eff. 7-16-15; 99-607, eff. 7-22-16.)
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(625 ILCS 5/6-507.5) Sec. 6-507.5. Application for Commercial Learner's Permit (CLP). (a) The application for a CLP must include, but is not limited to, the following: (1) the driver applicant's full legal name and | ||
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(2) a physical description of the driver applicant | ||
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(3) date of birth; (4) the driver applicant's social security number; (5) the driver applicant's signature; (6) the names of all states where the driver | ||
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(7) proof of citizenship or lawful permanent | ||
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(8) any other information required by the Secretary | ||
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(b) Except as provided in subsection (b-5), no CLP shall be issued to a driver applicant unless the applicant has taken and passed a general knowledge test that meets the federal standards contained in 49 C.F.R. Part 383, subparts F, G, and H for the commercial motor vehicle the applicant expects to operate. (b-5) The Secretary of State may waive the general knowledge test specified in 49 CFR 383.71(a)(2)(ii) for a qualifying driver applicant of a commercial learner's permit. A qualifying driver applicant shall: (1) be a current resident of this State; (2) be a current or former member of the military | ||
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(3) within one year prior to the application, have | ||
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(4) have received formal military training in the | ||
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(5) provide the Secretary of State with a general | ||
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(c) No CLP shall be issued to a driver applicant unless the applicant possesses a valid Illinois driver's license or if the applicant is applying for a non-domiciled CLP under subsection (b) of Section 6-509 of this Code, in which case the driver applicant must possess a valid driver's license from his or her state of domicile. (d) No CLP shall be issued to a person under 18 years of age. (e) No person shall be issued a CLP unless the person certifies to the Secretary one of the following types of driving operations in which he or she will be engaged: (1) non-excepted interstate; (2) non-excepted intrastate; (3) excepted interstate; or (4) excepted intrastate. (f) No person shall be issued a CLP unless the person certifies to the Secretary that he or she is not subject to any disqualification under 49 C.F.R. 383.51, or any license disqualification under State law, and that he or she does not have a driver's license from more than one state or jurisdiction. (g) No CLP shall be issued to a person while the person is subject to a disqualification from driving a commercial motor vehicle, unless otherwise permitted by this Code, while the person's driver's license is suspended, revoked, or cancelled in any state, or any territory or province of Canada; nor may a CLP be issued to a person who has a CLP or CDL issued by any other state or foreign jurisdiction, unless the person surrenders all of these licenses. No CLP shall be issued to or renewed for a person who does not meet the requirement of 49 C.F.R. 391.41(b)(11). The requirement may be met with the aid of a hearing aid. (h) No CLP with a Passenger, School Bus or Tank Vehicle endorsement shall be issued to a person unless the driver applicant has taken and passed the knowledge test for each endorsement. (1) A CLP holder with a Passenger (P) endorsement is | ||
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(2) A CLP holder with a School Bus (S) endorsement is | ||
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(3) A CLP holder with a Tank Vehicle (N) endorsement | ||
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(4) All other federal endorsements are prohibited on | ||
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(i) No CLP holder may operate a commercial motor vehicle transporting hazardous material as defined in paragraph (20) of Section 6-500 of this Code. (j) The CLP holder must be accompanied by the holder of a valid CDL who has the proper CDL group and endorsement necessary to operate the CMV. The CDL holder must at all times be physically present in the front seat of the vehicle next to the CLP holder or, in the case of a passenger vehicle, directly behind or in the first row behind the driver and must have the CLP holder under observation and direct supervision. (k) A CLP is valid for 12 months from the date of issuance. (l) A CLP issued prior to July 1, 2014 for a limited time period according to state requirements, shall be considered a valid commercial driver's license for purposes of behind-the-wheel training on public roads or highways.
(Source: P.A. 103-179, eff. 6-30-23.) |
(625 ILCS 5/6-508) (from Ch. 95 1/2, par. 6-508) Sec. 6-508. Commercial Driver's License (CDL); qualification standards. (a) Testing. (1) General. No person shall be issued an original or | ||
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(1.5) Effective July 1, 2014, no person shall be | ||
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(2) Third party testing. The Secretary of State may | ||
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(3)(i) Effective February 7, 2020, unless the person | ||
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(ii) Persons who obtain a CLP before February 7, 2020 | ||
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(iii) Except for persons seeking the H endorsement, | ||
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(iv) The Secretary shall adopt rules to implement | ||
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(b) Waiver of Skills Test. The Secretary of State may waive the skills test specified in this Section for a driver applicant for a commercial driver license who meets the requirements of 49 CFR 383.77. The Secretary of State shall waive the skills tests specified in this Section for a driver applicant who has military commercial motor vehicle experience, subject to the requirements of 49 CFR 383.77. (b-1) No person shall be issued a CDL unless the person certifies to the Secretary one of the following types of driving operations in which he or she will be engaged: (1) non-excepted interstate; (2) non-excepted intrastate; (3) excepted interstate; or (4) excepted intrastate. (b-2) (Blank). (c) Limitations on issuance of a CDL. A CDL shall not be issued to a person while the person is subject to a disqualification from driving a commercial motor vehicle, or unless otherwise permitted by this Code, while the person's driver's license is suspended, revoked, or cancelled in any state, or any territory or province of Canada; nor may a CLP or CDL be issued to a person who has a CLP or CDL issued by any other state, or foreign jurisdiction, nor may a CDL be issued to a person who has an Illinois CLP unless the person first surrenders all of these licenses or permits. However, a person may hold an Illinois CLP and an Illinois CDL providing the CLP is necessary to train or practice for an endorsement or vehicle classification not present on the current CDL. No CDL shall be issued to or renewed for a person who does not meet the requirement of 49 CFR 391.41(b)(11). The requirement may be met with the aid of a hearing aid. (c-1) The Secretary may issue a CDL with a school bus driver endorsement to allow a person to drive the type of bus described in subsection (d-5) of Section 6-104 of this Code. The CDL with a school bus driver endorsement may be issued only to a person meeting the following requirements: (1) the person has submitted his or her fingerprints | ||
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(2) the person has passed a written test, | ||
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(3) the person has demonstrated physical fitness to | ||
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(4) the person has not been convicted of committing | ||
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The Illinois State Police shall charge a fee for conducting the criminal history records check, which shall be deposited into the State Police Services Fund and may not exceed the actual cost of the records check. (c-2) The Secretary shall issue a CDL with a school bus endorsement to allow a person to drive a school bus as defined in this Section. The CDL shall be issued according to the requirements outlined in 49 CFR 383. A person may not operate a school bus as defined in this Section without a school bus endorsement. The Secretary of State may adopt rules consistent with Federal guidelines to implement this subsection (c-2). (d) (Blank). (Source: P.A. 102-168, eff. 7-27-21; 102-299, eff. 8-6-21; 102-538, eff. 8-20-21; 102-813, eff. 5-13-22; 103-825, eff. 1-1-25.) |
(625 ILCS 5/6-508.1) Sec. 6-508.1. Medical examiner's certificate. (a) It shall be unlawful for any person to drive a CMV in non-excepted interstate commerce unless the person holds a CLP or CDL and is medically certified as physically qualified to do so. (b) No person who has certified to non-excepted interstate driving as provided in Sections 6-507.5 and 6-508 of this Code shall be issued a CLP or CDL unless that person has a current medical examiner's certificate on the CDLIS driver record. (c) (Blank). (d) On and after January 30, 2014, all persons who hold a commercial driver instruction permit or CDL who have certified as non-excepted interstate shall maintain a current medical examiner's certificate on file with the Secretary. On and after July 1, 2014, all persons issued a CLP who have certified as non-excepted interstate shall maintain a current medical examiner's certificate on file with the Secretary. (e) Before June 22, 2025, the Secretary shall post the following to the CDLIS driver record within 10 calendar days of receipt of a medical examiner's certificate of a driver who has certified as non-excepted interstate: (1) the medical examiner's name; (2) the medical examiner's telephone number; (3) the date of issuance of the medical examiner's | ||
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(4) the medical examiner's license number and the | ||
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(5) the medical certification status; (6) the expiration date of the medical examiner's | ||
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(7) the existence of any medical variance on the | ||
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(8) any restrictions noted on the medical examiner's | ||
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(9) the date the medical examiner's certificate | ||
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(10) the medical examiner's National Registry of | ||
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(e-5) Beginning June 23, 2025, the Secretary shall post the following to the CDLIS driver record within one business day of electronic receipt from the Federal Motor Carrier Safety Administration of a driver's identification, examination results, restriction information, and medical variance information resulting from an examination performed by a medical examiner on the National Registry of Certified Medical Examiners for any driver who has certified as non-excepted interstate: (1) the medical examiner's name; (2) the medical examiner's telephone number; (3) the date of issuance of the medical examiner's | ||
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(4) the medical examiner's license number and the | ||
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(5) the medical certification status; (6) the expiration date of the medical examiner's | ||
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(7) the existence of any medical variance on the | ||
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(8) any restrictions noted on the medical examiner's | ||
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(9) the date the medical examiner's certificate | ||
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(10) the medical examiner's National Registry of | ||
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(f) Within 10 calendar days of the expiration or rescission of the driver's medical examiner's certificate or medical variance or both, the Secretary shall update the medical certification status to "not certified". (g) Within 10 calendar days of receipt of information from the Federal Motor Carrier Safety Administration regarding issuance or renewal of a medical variance, the Secretary shall update the CDLIS driver record to include the medical variance information provided by the Federal Motor Carrier Safety Administration. (g-5) Beginning June 22, 2021, within one business day of electronic receipt of information from the Federal Motor Carrier Safety Administration regarding issuance or renewal of a medical variance, the Secretary shall update the CDLIS driver record to include the medical variance information provided by the Federal Motor Carrier Safety Administration. (h) The Secretary shall notify the driver of his or her non-certified status and that his or her CDL will be canceled unless the driver submits a current medical examiner's certificate or medical variance or changes his or her self-certification to driving only in excepted or intrastate commerce. (i) Within 60 calendar days of a driver's medical certification status becoming non-certified, the Secretary shall cancel the CDL.
(j) As required under the Code of Federal Regulations 49 CFR 390.39, an operator of a covered farm vehicle, as defined under Section 18b-101 of this Code, is exempt from the requirements of this Section. (k) For purposes of ensuring a person is medically fit to drive a commercial motor vehicle, the Secretary may release medical information provided by an applicant or a holder of a CDL or CLP to the Federal Motor Carrier Safety Administration. Medical information includes, but is not limited to, a medical examiner's certificate, a medical report that the Secretary requires to be submitted, statements regarding medical conditions made by an applicant or a holder of a CDL or CLP, or statements made by his or her physician. (Source: P.A. 101-185, eff. 1-1-20; 102-749, eff. 1-1-23.) |
(625 ILCS 5/6-508.5) Sec. 6-508.5. Drug and alcohol clearinghouse. (a) No driver who has engaged in conduct prohibited by subpart B of 49 CFR 382 shall perform safety-sensitive functions, including driving a commercial motor vehicle, unless the driver has met the return-to-duty requirements of subpart O of 49 CFR 40 and, if the driver's CDL or CLP was canceled, has had the CDL or CLP reinstated. (b) By applying for a CDL or CLP, a driver is deemed to have consented to the release of information from the drug and alcohol clearinghouse to the Secretary of State. (c) No later than November 18, 2024, the Secretary shall request information from the drug and alcohol clearinghouse for all applicants applying for an initial, renewal, transfer, or upgraded CDL or CLP. If the Secretary receives notification that pursuant to 49 CFR 382.503 the applicant is prohibited from operating a commercial motor vehicle, the Secretary shall not issue, renew, transfer, or upgrade a CDL or CLP. (d) No later than November 18, 2024, the Secretary must, upon receiving notification from the drug and alcohol clearinghouse that a holder of a CDL or CLP is prohibited from operating a commercial motor vehicle, cancel the CDL or CLP. The cancellation must be completed and recorded on the CDLIS driver record within 60 days after the State's receipt of such a notification. Upon notification from the Federal Motor Carrier Safety Administration that a driver has completed the return-to-duty process, the Secretary may reinstate the driver's CDL or CLP privileges. (e) Upon notification from the Federal Motor Carrier Safety Administration that a violation was entered into the drug and alcohol clearinghouse erroneously, the Secretary shall reinstate the driver's CDL or CLP privileges and remove the cancellation from the driving record.(Source: P.A. 103-179, eff. 6-30-23; 103-605, eff. 7-1-24.) |
(625 ILCS 5/6-509) (from Ch. 95 1/2, par. 6-509)
Sec. 6-509. Non-domiciled commercial learner's permit and non-domiciled commercial driver's license. (a) The Secretary
of State may issue a non-domiciled CLP or non-domiciled CDL to a domiciliary of a foreign
jurisdiction if the United States Secretary of Transportation has
determined that the commercial motor vehicle testing and licensing
standards, in that foreign jurisdiction, do not meet the testing standards
established in 49 C.F.R. Part 383. A non-domiciled CLP or non-domiciled CDL shall be issued in accordance with the testing and licensing standards contained in subparts F, G, and H of 49 C.F.R. Part 383. The word "Non-domiciled" must appear on
the face of the non-domiciled CLP or non-domiciled CDL. A driver applicant must surrender any
non-domiciled CLP or non-domiciled CDL, license or permit issued by any other state.
(b) If an individual is domiciled in a state while that state is prohibited from issuing CDLs in accordance with 49 C.F.R. Part 384.405, that individual is eligible to obtain a non-domiciled CLP or non-domiciled CDL from any state that elects to issue a non-domiciled CLP or non-domiciled CDL and which complies with the testing and licensing standards contained in subparts F, G, and H of 49 C.F.R. Part 383.23.
"Non-domiciled" must appear on the face of the non-domiciled CLP or non-domiciled CDL. A driver applicant must surrender any non-domiciled CLP or non-domiciled CDL issued in any other state. (Source: P.A. 98-176 (see Section 10 of P.A. 98-722 and Section 10 of P.A. 99-414 for the effective date of changes made by P.A. 98-176).)
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(625 ILCS 5/6-510) (from Ch. 95 1/2, par. 6-510)
Sec. 6-510. Application for Commercial Driver's License (CDL).
The application for a CDL
must include, but is not limited to, the following:
(1) the driver applicant's full legal name and | ||
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(2) a physical description of the driver applicant | ||
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(3) date of birth;
(4) the driver applicant's social security number;
(5) the driver applicant's signature;
(6) certifications required by 49 C.F.R. Part 383.71; (6.1) the names of all states where the driver | ||
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(6.2) proof of citizenship or lawful permanent | ||
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(7) any other information required by the Secretary | ||
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(Source: P.A. 97-263, eff. 8-5-11; 98-176 (see Section 10 of P.A. 98-722 and Section 10 of P.A. 99-414 for the effective date of changes made by P.A. 98-176).)
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(625 ILCS 5/6-511) (from Ch. 95 1/2, par. 6-511)
Sec. 6-511. Change of legal name or domiciliary address.
(a) All persons to
whom a CLP or CDL has been issued, shall
notify the Driver Services Department of the
Secretary of
State's Office within 10 days of any change in
domiciliary address.
In addition, the person shall make application for a corrected CLP or CDL within
30 days after the change.
(b) Any person to whom a CLP or CDL has been issued whose legal name has changed
from the name on the previously-issued CLP or CDL shall apply for a corrected card
within 30 days after the change.
(Source: P.A. 98-176 (see Section 10 of P.A. 98-722 and Section 10 of P.A. 99-414 for the effective date of changes made by P.A. 98-176).)
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(625 ILCS 5/6-512) (from Ch. 95 1/2, par. 6-512)
Sec. 6-512. Unlawful operation of a commercial motor vehicle
pursuant to a non-Illinois issued CLP or CDL. No person, after becoming a
domiciliary of this State for 30 days or
more, shall drive a commercial motor vehicle on the highways of this State
pursuant to the authority of a CLP or CDL issued by any other State or foreign jurisdiction.
(Source: P.A. 98-176 (see Section 10 of P.A. 98-722 and Section 10 of P.A. 99-414 for the effective date of changes made by P.A. 98-176).)
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(625 ILCS 5/6-512.5) Sec. 6-512.5. Commercial Learner's Permit or CLP. (a) The content of the CLP shall include, but is not limited to, the following: (1) A CLP shall be distinctly marked "Commercial | ||
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(2) the full legal name and the Illinois domiciliary | ||
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(3) a physical description of the person including | ||
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(4) date of birth; (5) the Illinois driver's license number assigned by | ||
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(6) the person's signature; (7) an indicator showing that the CLP was issued by | ||
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(8) the date of issuance and the date of expiration | ||
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(9) the class or type of commercial vehicle or | ||
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(b) If the CLP is a non-domiciled CLP, it must contain the prominent statement that the permit is a "Non-domiciled Commercial Learner's Permit" or "Non-domiciled CLP". (c) Applicant Record Check. Prior to issuing, renewing, upgrading, or transferring a CLP, the Secretary of State shall obtain, review, and maintain upon issuance, renewal, upgrade, or transfer the driver applicant's driving record as required by 49 C.F.R. Parts 383 and 384 and the United States Secretary of Transportation. (d) Notification of Commercial Learner's Permit (CLP) Issuance and Self-Certification. Within 10 days after issuing a CLP, the Secretary of State must notify the Commercial Driver License Information System of that fact, and provide all information required to ensure identification of the person. The Secretary shall also post the driver's self-certification for the type of driving operations to the CDLIS driver record.
(Source: P.A. 98-176 (see Section 10 of P.A. 98-722 and Section 10 of P.A. 99-414 for the effective date of changes made by P.A. 98-176).) |
(625 ILCS 5/6-513) (from Ch. 95 1/2, par. 6-513)
Sec. 6-513. Commercial Driver's License or CDL. The content of the CDL
shall include, but is not limited to the following:
(a) A CDL shall be distinctly marked "Commercial | ||
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(1) the full legal name and the Illinois | ||
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(2) a color photograph of the person;
(3) a physical description of the person | ||
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(4) date of birth;
(5) a CDL or file number assigned by the | ||
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(6) the person's signature;
(7) the class or type of commercial vehicle or | ||
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(8) the name of the issuing state;
(9) the issuance and expiration dates of the CDL; | ||
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(10) the restriction code "V" if the driver has | ||
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(a-5) If the CDL is a non-domiciled CDL it must | ||
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(b) Applicant Record Check. Prior to issuing, | ||
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(c) Notification of Commercial Driver's License (CDL) | ||
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(c-5) Change in driver identification information. | ||
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(d) Renewal. Every person applying for a renewal of a | ||
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(Source: P.A. 97-208, eff. 1-1-12; 98-176 (see Section 10 of P.A. 98-722 and Section 10 of P.A. 99-414 for the effective date of changes made by P.A. 98-176).)
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(625 ILCS 5/6-514)
Sec. 6-514. Commercial driver's license (CDL); commercial learner's permit (CLP); disqualifications.
(a) A person shall be disqualified from driving a commercial motor
vehicle for a period of not less than 12 months for the first violation of:
(1) Refusing to submit to or failure to complete a | ||
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(2) Operating a commercial motor vehicle while the | ||
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(3) Conviction for a first violation of:
(i) Driving a commercial motor vehicle or, if the | ||
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(ii) Knowingly leaving the scene of a crash while | ||
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(iii) Driving a commercial motor vehicle or, if | ||
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(iv) Driving a commercial motor vehicle while the | ||
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(v) Causing a fatality through the negligent | ||
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As used in this subdivision (a)(3)(v), "motor | ||
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If any of the above violations or refusals occurred | ||
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(4) (Blank). (b) A person is disqualified for life for a second conviction of any of
the offenses specified in paragraph (a), or any combination of those
offenses, arising from 2 or more separate incidents.
(c) A person is disqualified from driving a commercial motor vehicle for
life if the person either (i) uses a commercial motor vehicle in the commission of any felony
involving the manufacture, distribution, or dispensing of a controlled
substance, or possession with intent to manufacture, distribute or dispense
a controlled substance or (ii) if the person is a CLP or CDL holder, uses a non-CMV in the commission of a felony involving any of those activities.
(d) The Secretary of State may, when the United States Secretary of
Transportation so authorizes, issue regulations in which a disqualification
for life under paragraph (b) may be reduced to a period of not less than 10
years.
If a reinstated driver is subsequently convicted of another disqualifying
offense, as specified in subsection (a) of this Section, he or she shall be
permanently disqualified for life and shall be ineligible to again apply for a
reduction of the lifetime disqualification.
(e) A person is disqualified from driving a commercial motor vehicle for
a period of not less than 2 months if convicted of 2 serious traffic
violations, committed in a commercial motor vehicle, non-CMV while holding a CLP or CDL, or any combination thereof, arising from separate
incidents, occurring within a 3-year period, provided the serious traffic violation committed in a non-CMV would result in the suspension or revocation of the CLP or CDL holder's non-CMV privileges. However, a person will be
disqualified from driving a commercial motor vehicle for a period of not less
than 4 months if convicted of 3 serious traffic violations, committed in a
commercial motor vehicle, non-CMV while holding a CLP or CDL, or any combination thereof, arising from separate incidents, occurring within a 3-year period, provided the serious traffic violation committed in a non-CMV would result in the suspension or revocation of the CLP or CDL holder's non-CMV privileges. If all the convictions occurred in a non-CMV, the disqualification shall be entered only if the convictions would result in the suspension or revocation of the CLP or CDL holder's non-CMV privileges.
(e-1) (Blank).
(f) Notwithstanding any other provision of this Code, any driver
disqualified from operating a commercial motor vehicle, pursuant to this
UCDLA, shall not be eligible for restoration of commercial driving
privileges during any such period of disqualification.
(g) After suspending, revoking, or cancelling a CLP or CDL, the Secretary of State must update the driver's records to reflect
such action within 10 days. After suspending or revoking the driving privilege
of any person who has been issued a CLP or CDL from another jurisdiction, the Secretary shall originate notification to
such issuing jurisdiction within 10 days.
(h) The "disqualifications" referred to in this Section shall not be
imposed upon any commercial motor vehicle driver, by the Secretary of
State, unless the prohibited action(s) occurred after March 31, 1992.
(i) A person is disqualified from driving a commercial motor vehicle in
accordance with the following:
(1) For 6 months upon a first conviction of paragraph | ||
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(2) For 2 years upon a second conviction of paragraph | ||
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(3) For 3 years upon a third or subsequent conviction | ||
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(4) For one year upon a first conviction of paragraph | ||
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(5) For 3 years upon a second conviction of paragraph | ||
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(6) For 5 years upon a third or subsequent conviction | ||
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(j) Disqualification for railroad-highway grade crossing
violation.
(1) General rule. A driver who is convicted of a | ||
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(i) For drivers who are not required to always | ||
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(ii) For drivers who are not required to always | ||
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(iii) For drivers who are always required to | ||
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(iv) For all drivers, failing to have sufficient | ||
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(v) For all drivers, failing to obey a traffic | ||
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(vi) For all drivers, failing to negotiate a | ||
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(2) Duration of disqualification for railroad-highway | ||
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(i) First violation. A driver must be | ||
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(ii) Second violation. A driver must be | ||
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(iii) Third or subsequent violation. A driver | ||
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(k) Upon notification of a disqualification of a driver's commercial motor vehicle privileges imposed by the U.S. Department of Transportation, Federal Motor Carrier Safety Administration, in accordance with 49 CFR 383.52, the Secretary of State shall immediately record to the driving record the notice of disqualification and confirm to the driver the action that has been taken.
(l) A foreign commercial driver is subject to disqualification under this Section. (m) A person shall be disqualified from operating a commercial motor vehicle for life if that individual uses a commercial motor vehicle in the commission of a felony involving an act or practice of severe forms of human trafficking, as defined in 22 U.S.C. 7102(11). (Source: P.A. 102-749, eff. 1-1-23; 102-982, eff. 7-1-23; 103-154, eff. 6-30-23; 103-179, eff. 6-30-23.) |
(625 ILCS 5/6-515) (from Ch. 95 1/2, par. 6-515)
Sec. 6-515.
Prohibitions against a person driving a commercial
motor vehicle while having any alcohol, other drug, or both in such
person's system.
(a) Notwithstanding any other provisions of this Code, a person shall
not drive a commercial motor vehicle while having any alcohol, other drug, or
both in such person's system.
(b) A person who drives a commercial motor vehicle while having any alcohol,
other drug, or both, in such person's system or who refuses to submit to or
fails to complete an alcohol or other drug test or tests pursuant to Section
6-517, as evidenced by the issuance of a Sworn Report by a police officer, must
be placed "out-of-service" for at least 24 hours.
(c) The police officer shall provide the Secretary of State with a copy
of all Sworn Reports issued pursuant to this UCDLA.
(d) The "out-of-service" referred to in this Section shall not be entered to
the record of any Illinois commercial motor vehicle driver, by the
Secretary of State, unless the prohibited action or actions occurred after
March 31, 1992.
(Source: P.A. 88-212.)
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(625 ILCS 5/6-516) (from Ch. 95 1/2, par. 6-516)
Sec. 6-516. Implied consent requirements for commercial motor vehicle
drivers. (a) Effective April 1, 1992, any person who drives a commercial motor
vehicle upon the highways is hereby deemed to have given consent to submit
to a test or tests, subject to the provisions of Section 11-501.2 of this Code,
of such person's breath, blood or urine for the purpose of determining the
presence of alcohol, or other drugs, in such person's system.
(b) A test or tests may be administered at the direction of a law
enforcement officer, who after stopping or detaining the commercial motor
vehicle driver, has probable cause to believe that driver was driving a
commercial motor vehicle while having alcohol or any amount of a drug,
substance, or compound resulting from the unlawful use or consumption of
cannabis listed in the Cannabis Control Act, a controlled substance listed in
the Illinois Controlled Substances Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act in such driver's system.
(c) Effective April 1, 1992, any person who operates a school bus at
the time of a crash involving the school bus is hereby deemed to have
given consent to submit to a test or tests to be administered at the
direction of a law enforcement officer, subject to the provisions of
Section 11-501.2 of this Code, of the driver's breath, blood or urine for
the purpose of determining the presence of alcohol, or other drugs, in the
person's system.
(Source: P.A. 102-982, eff. 7-1-23.)
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(625 ILCS 5/6-517) (from Ch. 95 1/2, par. 6-517)
Sec. 6-517. Commercial driver; implied consent warnings.
(a) Any person driving a commercial motor vehicle who is
requested by a police officer, pursuant to Section 6-516, to submit to a
chemical test or tests to determine the alcohol concentration
or any amount of a drug, substance, or compound resulting from the unlawful
use or consumption of cannabis listed in the Cannabis Control Act, a
controlled substance listed in the Illinois Controlled Substances Act, an intoxicating compound listed in the Use of Intoxicating Compounds Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act
in such person's system, must be warned by the police officer
requesting the
test or tests that a refusal to submit to the test or tests will result in that
person being immediately placed out-of-service for a period of 24 hours and
being disqualified from operating a commercial motor vehicle for a period of
not less than 12 months; the person shall also be warned that if
such person
submits to testing which discloses an alcohol concentration of greater than
0.00 but less than 0.04 or any amount of a drug, substance, or compound in
such
person's blood, other bodily substance, or urine resulting from the unlawful use or consumption of
cannabis listed in the Cannabis Control Act, a controlled substance listed in
the Illinois Controlled Substances Act, an intoxicating compound listed in the Use of Intoxicating Compounds Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act, such person shall be
placed immediately
out-of-service for a period of 24 hours; if the person submits to testing which
discloses an alcohol concentration of 0.04 or more or any amount of a drug,
substance, or compound in such person's blood, other bodily substance, or urine resulting
from the
unlawful use or consumption of cannabis listed in the Cannabis Control Act, a
controlled substance listed in the Illinois Controlled Substances Act,
an intoxicating compound listed in the Use of Intoxicating Compounds Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act, such
person shall be placed immediately out-of-service and disqualified from driving
a commercial motor vehicle for a period of at least 12 months; also the person
shall be warned that if such testing discloses an alcohol
concentration of 0.08, or more or any amount of a drug, substance,
or compound in such person's
blood, other bodily substance, or urine resulting from the unlawful use or consumption of cannabis
listed in the Cannabis Control Act, a controlled substance listed in the
Illinois Controlled Substances Act, an intoxicating compound listed in the Use of Intoxicating Compounds Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act, in addition to the person being immediately
placed out-of-service and disqualified for 12 months as provided in this UCDLA,
the results of such testing shall also be admissible in
prosecutions for
violations of Section 11-501 of this Code, or similar violations of local
ordinances, however, such results shall not be used to impose any
driving
sanctions pursuant to Section 11-501.1 of this Code.
The person shall also be warned that any disqualification imposed pursuant
to this Section, shall be for life for any such offense or refusal,
or combination thereof; including a conviction for violating Section 11-501
while driving a commercial motor vehicle, or similar provisions of local
ordinances, committed a second time involving separate incidents.
A person requested to submit to a test shall also acknowledge, in writing, receipt of the warning required under this Section. If the person refuses to acknowledge receipt of the warning, the police officer shall make a written notation on the warning that the person refused to sign the warning. A person's refusal to sign the warning shall not be evidence that the person was not read the warning. (b) If the person refuses or fails to complete testing, or submits to a
test which discloses an alcohol concentration of at least 0.04,
or any amount of a drug, substance, or compound in such person's
blood, other bodily substance, or
urine resulting from the unlawful use or consumption of cannabis listed in the
Cannabis Control Act, a controlled substance listed in the Illinois
Controlled Substances Act, an intoxicating compound listed in the Use of Intoxicating Compounds Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act, the law enforcement officer must
submit a Sworn Report to the Secretary of State, in a form prescribed by
the Secretary, certifying that the test or tests was requested pursuant to
paragraph (a); that the person was warned, as provided in paragraph (a)
and that such person refused to submit to or failed to complete
testing, or
submitted to a test which disclosed an alcohol
concentration of 0.04 or more, or any amount of a drug, substance, or
compound in such person's blood, other bodily substance, or urine resulting from the unlawful use or
consumption of cannabis listed in the Cannabis Control Act, a controlled
substance listed in the Illinois Controlled Substances Act, an intoxicating compound listed in the Use of Intoxicating Compounds Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act.
(c) The police officer submitting the Sworn Report under this Section
shall serve notice of the CDL disqualification on the person and
such CDL
disqualification shall be effective as provided in paragraph (d). In cases
where the blood alcohol concentration of 0.04 or more,
or any amount of a drug, substance, or
compound in such person's blood, other bodily substance, or urine resulting from the
unlawful use or
consumption of cannabis listed in the Cannabis Control Act, a controlled
substance listed in the Illinois Controlled Substances Act, an intoxicating compound listed in the Use of Intoxicating Compounds Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act, is established by
subsequent analysis of blood, other bodily substance, or urine collected at the time of the request,
the police officer shall give notice as provided in this Section or by
deposit in the United States mail of such notice as provided in
this
Section or by deposit in the United States mail of such notice in
an
envelope with postage prepaid and addressed to such person's
domiciliary
address as shown on the Sworn Report and the CDL disqualification shall
begin as provided in paragraph (d).
(d) The CDL disqualification referred to in this Section shall take
effect on the 46th day following the date the Sworn Report was given to the
affected person.
(e) Upon receipt of the Sworn Report from the police officer, the
Secretary of State shall disqualify the person from driving any commercial
motor vehicle and shall confirm the CDL disqualification by mailing the
notice of the effective date to the person. However, should the Sworn
Report be defective by not containing sufficient information or be
completed in error, the confirmation of the CDL disqualification shall not
be mailed to the affected person or entered into the record, instead the
Sworn Report shall be forwarded to the issuing
agency identifying any such defect.
(Source: P.A. 99-467, eff. 1-1-16; 99-697, eff. 7-29-16.)
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(625 ILCS 5/6-518) (from Ch. 95 1/2, par. 6-518)
Sec. 6-518. Notification of traffic convictions. (a) Within 5 days after
receiving a report of an Illinois conviction, or other verified evidence,
of any driver who has been issued a CLP or CDL by another State or has been issued a foreign commercial driver's license, for a violation
of any law or local ordinance of this State, relating to motor
vehicle traffic control, other than parking violations, committed in any motor vehicle, the Secretary of State must notify the driver
licensing authority which issued such CLP or CDL of said conviction.
(b) Within 5 days after
receiving a report of an Illinois conviction, or other verified evidence,
of any driver from another state who is licensed or unlicensed or holds a foreign non-commercial driver's license, for a violation
of any law or local ordinance of this State, relating to motor
vehicle traffic control, other than parking violations, committed in a commercial motor vehicle, the Secretary of State must notify the driver
licensing authority which issued the person's driver's license of the conviction.
(Source: P.A. 98-176 (see Section 10 of P.A. 98-722 and Section 10 of P.A. 99-414 for the effective date of changes made by P.A. 98-176); 98-722, eff. 7-16-14.)
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(625 ILCS 5/6-519) (from Ch. 95 1/2, par. 6-519)
Sec. 6-519. Driving Record Information To Be Furnished. Notwithstanding
any other provision of law to the contrary, the Secretary of State shall
furnish the following information regarding a commercial driver's driving record:
all information on CDLIS driver records to the driver licensing administrator of any other State; all information on CDLIS driver records to the U.S. Department of Transportation; all information on the CDLIS driver record obtained on the CDLIS motor vehicle record to the affected driver or a motor carrier or prospective motor carrier requesting such
information; all information on the CDLIS driver record obtained on the CDLIS motor vehicle record of a current or prospective driver to a motor carrier or prospective motor carrier requesting such information within 10 days of the request; and any other entity or person authorized to receive such
information pursuant to Section 2-123 of this Code.
(Source: P.A. 97-208, eff. 1-1-12.)
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(625 ILCS 5/6-520) (from Ch. 95 1/2, par. 6-520)
Sec. 6-520. CDL disqualification or out-of-service order; hearing.
(a) A disqualification of commercial driving privileges by the Secretary of
State, pursuant to this UCDLA, shall not become effective until the person
is notified in writing, by the Secretary, of the impending disqualification
and advised that a CDL hearing may be requested of the Secretary if the stop or arrest occurred in a commercial motor vehicle.
(b) Upon receipt of: the notice of a CDL disqualification not based upon
a conviction; an out-of-service order; or notification that a CDL
disqualification is forthcoming, the person may make a written petition in
a form, approved by the Secretary of State, for a CDL hearing with the Secretary if the stop or arrest occurred in a commercial motor vehicle. Such
petition must state the grounds upon which the person seeks to have the CDL
disqualification rescinded or the out-of-service order removed from the
person's driving record. Within 10 days after the receipt of such
petition, it shall be reviewed by the Director of the Department of
Administrative Hearings, Office of the Secretary of State, or by an
appointed designee. If it is determined that the petition on its face does
not state grounds upon which the relief may be based, the petition for a
CDL hearing shall be denied and the disqualification shall become effective
as if no petition had been filed and the out-of-service order shall be
sustained. If such petition is so denied, the person may submit another
petition.
(c) The scope of a CDL hearing, for any disqualification imposed
pursuant to paragraphs (1) and (2) of subsection (a) of Section 6-514, resulting from the operation of a commercial motor vehicle, shall
be limited to the following issues:
1. Whether the person was operating a commercial | ||
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2. Whether, after making the initial stop, the police | ||
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3. Whether the person was verbally warned of the | ||
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4. Whether the person did refuse to submit to or | ||
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5. Whether the person was warned that if the test or | ||
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6. Whether such results could not be used to impose | ||
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Upon the conclusion of the above CDL hearing, the CDL
disqualification imposed shall either be sustained or rescinded.
(d) The scope of a CDL hearing for any out-of-service sanction, imposed
pursuant to Section 6-515, shall be limited to the following issues:
1. Whether the person was driving a commercial motor | ||
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2. Whether, while driving such commercial motor | ||
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3. Whether the person was verbally warned of the | ||
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4. Whether, after being so warned, the person did | ||
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Upon the conclusion of the above CDL hearing, the out-of-service sanction
shall
either be sustained or removed from the person's driving record.
(e) If any person petitions for a hearing relating to any CDL
disqualification based upon a conviction, as defined in this UCDLA, said
hearing shall not be conducted as a CDL hearing, but shall be conducted as
any other driver's license hearing, whether formal or informal, as
promulgated in the rules and regulations of the Secretary.
(f) Any evidence of alcohol or other drug consumption, for the
purposes of this UCDLA, shall be sufficient probable cause for requesting the
driver to submit to a chemical test or tests to determine the presence of
alcohol, other drug, or both in the person's system and the subsequent issuance
of an out-of-service order or a Sworn Report by a police officer.
(g) For the purposes of this UCDLA, a CDL "hearing" shall
mean a hearing before the Office of the Secretary of State in accordance
with Section 2-118 of this Code, for the
purpose of resolving differences or disputes specifically related to the
scope of the issues identified in this Section relating to the operation of a commercial motor vehicle. These proceedings will be
a matter of record and a final appealable order issued. The petition for a
CDL hearing shall not stay or delay the effective date of the impending
disqualification.
(h) The CDL hearing may be conducted upon a review of the police
officer's own official reports; provided however, that the petitioner may
subpoena the officer. Failure of the officer to answer the subpoena shall be
grounds for a continuance.
(i) Any CDL disqualification based upon a statutory summary suspension or revocation resulting from an arrest of a CDL holder while operating a non-commercial motor vehicle, may only be contested by filing a petition to contest the statutory summary suspension or revocation in the appropriate circuit court as provided for in Section 2-118.1 of this Code.
(Source: P.A. 95-382, eff. 8-23-07; 96-1344, eff. 7-1-11.)
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(625 ILCS 5/6-521) (from Ch. 95 1/2, par. 6-521) Sec. 6-521. Rulemaking authority. (a) The Secretary of State, using the authority to license motor vehicle operators under this Code, may adopt such rules and regulations as may be necessary to establish standards, policies, and procedures for the licensing and sanctioning of commercial motor vehicle drivers in order to meet the requirements of the Commercial Motor Vehicle Act of 1986 (CMVSA); subsequent federal rulemaking under 49 C.F.R. Part 383 or Part 1572; and administrative and policy decisions of the U.S. Secretary of Transportation and the Federal Motor Carrier Safety Administration. The Secretary may, as provided in the CMVSA, establish stricter requirements for the licensing of commercial motor vehicle drivers than those established by the federal government. (b) By January 1, 1994, the Secretary of State shall establish rules and regulations for the issuance of a restricted commercial driver's license for farm-related service industries consistent with federal guidelines. The restricted license shall be available for a seasonal period or periods not to exceed a total of 210 days in any 12-month period. (c) (Blank). (d) By July 1, 1995, the Secretary of State shall establish rules and regulations for the issuance and cancellation of a School Bus Driver's Permit. The permit shall be required for the operation of a school bus as provided in subsection (c), a non-restricted CDL with passenger endorsement, or a properly classified driver's license. The permit will establish that the school bus driver has met all the requirements of the application and screening process established by Section 6-106.1 of this Code.(Source: P.A. 104-260, eff. 8-15-25; 104-366, eff. 1-1-26.) |
(625 ILCS 5/6-522) (from Ch. 95 1/2, par. 6-522)
Sec. 6-522.
Authority to Enter Agreements.
The Secretary of State may
enter into or make agreements, arrangements, or declarations to carry out
the provisions of this UCDLA.
(Source: P.A. 86-845.)
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(625 ILCS 5/6-523) (from Ch. 95 1/2, par. 6-523)
Sec. 6-523. Reciprocity. (a) Notwithstanding any law to the contrary, a
person may drive a commercial motor vehicle in this State if the person has
a valid CDL, non-domiciled CDL, CLP, or non-domiciled CLP issued by
another State or foreign jurisdiction as long as that person has not been
an established domiciliary of this State for 30 days or more.
(b) The Secretary of State shall give out of state convictions full
faith and credit and treat them for sanctioning purposes, under this UCDLA,
just as if they occurred in this State.
(c) A CLP or CDL issued by this State or any other state before the date on and after which the state is prohibited from issuing CLPs or CDLs under 49 C.F.R. Part 384, remains valid until its stated expiration date.
(Source: P.A. 98-176 (see Section 10 of P.A. 98-722 and Section 10 of P.A. 99-414 for the effective date of changes made by P.A. 98-176).)
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(625 ILCS 5/6-524) (from Ch. 95 1/2, par. 6-524)
Sec. 6-524. Penalties.
(a) Every person convicted of violating any
provision of this UCDLA for which another penalty is not provided shall for
a first offense be guilty of a petty offense; and for a second conviction
for any offense committed within 3 years of any previous offense, shall be
guilty of a Class B misdemeanor.
(b) Any person convicted of violating subsection (b) of Section 6-506 of
this Code shall be subject to a civil penalty as set forth in 49 CFR Part 386, Appendix B.
(c) Any person or employer convicted of violating paragraph (5) of subsection (a) or subsection (b-3) or (b-5) of Section 6-506 shall be subject to a civil penalty as set forth in 49 CFR Part 386, Appendix B. (d) Any person convicted of violating paragraph (2) or (3) of subsection (b) or subsection (b-3) or (b-5) of Section 6-507 shall be subject to a civil penalty as set forth in 49 CFR Part 386, Appendix B.
(Source: P.A. 102-749, eff. 1-1-23.)
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(625 ILCS 5/6-525) (from Ch. 95 1/2, par. 6-525)
Sec. 6-525. Severability. The provisions of this UCDLA shall be
severable and if any phrase, clause, sentence or provision of this UCDLA is
declared to be contrary to the Constitutions of this State, or of the
United States, such unconstitutionality shall not affect the validity of
the remainder of this UCDLA.
(Source: P.A. 101-81, eff. 7-12-19.)
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(625 ILCS 5/6-526) Sec. 6-526. Prohibition against texting. (a) A driver may not engage in texting while driving a commercial motor vehicle. (b) A motor carrier may not allow or require its drivers to engage in texting while driving a commercial motor vehicle. (c) For the purpose of this Section, when a person is operating a commercial motor vehicle, driving means operating a commercial motor vehicle on a highway, including while temporarily stationary because of traffic, a traffic control device, or other momentary delays. Driving does not include operating a commercial motor vehicle when the driver has moved the vehicle to the side of, or off, a highway and has halted in a location where the vehicle can safely remain stationary. (d) Texting while driving is permissible by a driver of a commercial motor vehicle when necessary to communicate with law enforcement officials or other emergency services.
(Source: P.A. 97-829, eff. 1-1-13.) |
(625 ILCS 5/6-527) Sec. 6-527. Using a hand-held mobile telephone. (a) A driver may not use a hand-held mobile telephone while driving a commercial motor vehicle. (b) A motor carrier may not allow or require its drivers to use a hand-held mobile telephone while driving a commercial motor vehicle. (c) For the purpose of this Section, driving means operating a commercial motor vehicle on a highway, including while temporarily stationary because of traffic, a traffic control device, or other momentary delays. Driving does not include operating a commercial motor vehicle when the driver has moved the vehicle to the side of, or off, a highway and has halted in a location where the vehicle can safely remain stationary. (d) Using a hand-held mobile telephone is permissible by a driver of a commercial motor vehicle when necessary to communicate with law enforcement officials or other emergency services.
(Source: P.A. 97-829, eff. 1-1-13.) |
(625 ILCS 5/Ch. 6 Art. VI heading) ARTICLE VI.
PENALTIES
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(625 ILCS 5/6-601) (from Ch. 95 1/2, par. 6-601)
Sec. 6-601. Penalties.
(a) It is a petty offense for any person to violate any of the
provisions of this Chapter unless such violation is by this Code or other
law of this State declared to be a misdemeanor or a felony.
(b) General penalties. Unless another penalty is in this Code
or other laws of this State, every person convicted of a petty
offense for the violation of any provision of this Chapter shall be
punished by a fine of not more than $500.
(c) Unlicensed driving. Except as hereinafter provided a violation
of Section 6-101 shall be:
1. A Class A misdemeanor if the person failed to | ||
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2. A Class B misdemeanor if the person has been | ||
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3. A petty offense if the person has been issued a | ||
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If a licensee under this Code is convicted of violating Section 6-303 for
operating a motor vehicle during a time when such licensee's driver's license
was suspended under the provisions of Section 6-306.3 or 6-308, then such act shall be
a petty offense (provided the licensee has answered the charge which was the
basis of the suspension under Section 6-306.3 or 6-308), and there shall be imposed no
additional like period of suspension as provided in paragraph (b) of Section
6-303.
(d) For violations of this Code or a similar provision of a local ordinance for which a violation is a petty offense as defined by Section 5-1-17 of the Unified Code of Corrections, excluding business offenses as defined by Section 5-1-2 of the Unified Code of Corrections or a violation of Section 15-111 or subsection (d) of Section 3-401 of this Code, if the violation may be satisfied without a court appearance, the violator may, pursuant to Supreme Court Rule, satisfy the case with a written plea of guilty and payment of fines, penalties, and costs as established by the Supreme Court for the offense. (Source: P.A. 101-652, eff. 1-1-23.)
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(625 ILCS 5/Ch. 6 Art. VII heading) ARTICLE VII.
DRIVER LICENSE COMPACT
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(625 ILCS 5/6-700) (from Ch. 95 1/2, par. 6-700)
Sec. 6-700.
Definitions.
As used in this compact:
(a) "State" means a state, territory or possession of the United States,
the District of Columbia, or the Commonwealth of Puerto Rico.
(b) "Home state" means the state which has issued and has the power to
suspend or revoke the use of the license or permit to operate a motor
vehicle.
(c) "Conviction" means a conviction of any offense related to the use or
operation of a motor vehicle which is prohibited by state law, municipal
ordinance or administrative rule or regulation, or a forfeiture of bail,
bond or other security deposited to secure appearance by a person charged
with having committed any such offense, and which conviction or forfeiture
is required to be reported to the licensing authority.
(Source: P.A. 76-1615.)
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(625 ILCS 5/6-701) (from Ch. 95 1/2, par. 6-701)
Sec. 6-701.
Findings and declaration of policy.
(a) The party states find that:
1. The safety of their streets and highways is | ||
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2. Violation of such a law or ordinance is evidence | ||
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3. The continuance in force of a license to drive is | ||
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(b) It is the policy of each of the party states to:
1. Promote compliance with the laws, ordinances and | ||
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2. Make the reciprocal recognition of licenses to | ||
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(Source: P.A. 76-1615.)
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(625 ILCS 5/6-702) (from Ch. 95 1/2, par. 6-702)
Sec. 6-702.
Reports of Conviction.
The licensing authority of a party state shall report each conviction of
a person from another party state occurring within its jurisdiction to the
licensing authority of the home state of the licensee. Such report shall
clearly identify the person convicted; describe the violation specifying
the section of the statute, code or ordinance violated; identify the court
in which action was taken; indicate whether a plea of guilty or not guilty
was entered, or the conviction was a result of the forfeiture of bail, bond
or other security; and shall include any special findings made in
connection therewith.
(Source: P.A. 76-1615.)
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(625 ILCS 5/6-703) (from Ch. 95 1/2, par. 6-703)
Sec. 6-703. Effect of conviction.
(a) The licensing authority in the home state, for the purposes of
suspension, revocation or limitation of the license to operate a motor
vehicle, shall give the same effect to the conduct reported, pursuant to
Section 6-702, as it would if such conduct had occurred in the home state,
in the case of convictions for:
1. Manslaughter or negligent homicide resulting from | ||
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2. Driving a motor vehicle while under the influence | ||
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3. Any felony in the commission of which a motor | ||
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4. Failure to stop and render aid in the event of a | ||
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(b) As to other convictions, reported pursuant to Section 6-702, the
licensing authority in the home state shall give such effect to the conduct
as is provided by the laws of the home state.
(c) If the laws of a party state do not provide for offenses or
violations denominated or described in precisely the words employed in
paragraph (a) of this Section, such party state shall construe the
denominations and descriptions appearing in paragraph (a) hereof as being
applicable to and identifying those offenses or violations of a
substantially similar nature, and the laws of such party state shall
contain such provision as may be necessary to ensure that full force and
effect is given to this Section.
(Source: P.A. 102-982, eff. 7-1-23.)
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(625 ILCS 5/6-704) (from Ch. 95 1/2, par. 6-704)
Sec. 6-704. Applications for new licenses.
Upon application for a license to drive, the licensing authority in a
party state shall ascertain whether the applicant has ever held, or is the
holder of a license to drive issued by any other party state. The licensing
authority in the state where application is made shall not issue a license
to drive to the applicant if:
1. The applicant has held such a license, but the | ||
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2. The applicant has held such a license, but the | ||
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3. The applicant is the holder of a license to drive | ||
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(Source: P.A. 98-176 (see Section 10 of P.A. 98-722 and Section 10 of P.A. 99-414 for the effective date of changes made by P.A. 98-176).)
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(625 ILCS 5/6-705) (from Ch. 95 1/2, par. 6-705)
Sec. 6-705.
Applicability of Other Laws.
Except as expressly required by provisions of this compact, nothing
contained herein shall be construed to affect the right of any party state
to apply any of its other laws relating to the licenses to drive to any
person or circumstance, nor to invalidate or prevent any driver license
agreement or other cooperative arrangement between a party state and a
nonparty state.
(Source: P.A. 76-1615.)
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(625 ILCS 5/6-706) (from Ch. 95 1/2, par. 6-706)
Sec. 6-706.
Compact Administrator and Interchange of Information.
(a) The head of the licensing authority of each party state shall be
administrator of this compact for his state. The administrators, acting
jointly, shall have the power to formulate all necessary and proper
procedures for the exchange of information under this compact.
(b) The administrator of each party state shall furnish to the
administrator of each other party state any information or documents
reasonably necessary to facilitate the administration of this compact.
(Source: P.A. 76-1615.)
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(625 ILCS 5/6-707) (from Ch. 95 1/2, par. 6-707)
Sec. 6-707.
Entry into Force and Withdrawal.
(a) This compact shall enter into force and become effective as to any
state when it has enacted the same into law.
(b) Any party state may withdraw from this compact by enacting a statute
repealing the same, but no such withdrawal shall take effect until 6 months
after the executive head of the withdrawing state has given notice of the
withdrawal to the executive heads of all other party states. No withdrawal
shall affect the validity or applicability by the licensing authorities of
states remaining party to the compact of any report of conviction occurring
prior to the withdrawal.
(Source: P.A. 76-1615.)
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(625 ILCS 5/6-708) (from Ch. 95 1/2, par. 6-708)
Sec. 6-708. Construction and Severability. (a) This compact shall be liberally construed so as to effectuate the
purposes thereof. The provisions of this compact shall be severable and if
any phrase, clause, sentence or provision of this compact is declared to be
contrary to the constitution of any party state or of the United States or
the applicability thereof to any government, agency, person or circumstance
is held invalid, the validity of the remainder of this compact and the
applicability thereof to any government, agency, person or circumstance
shall not be affected thereby. If this compact shall be held contrary to
the constitution of any state party thereto, the compact shall remain in
full force and effect as to the remaining states and in full force and
effect as to the state affected as to all severable matters.
(b) As used in the compact, the term "licensing authority" with
reference to this state, means the Secretary of State. The Secretary of
State shall furnish to the appropriate authorities of any other party state
any information or documents reasonably necessary to facilitate the
administration of Sections 6-702, 6-703 and 6-704 of the compact.
(c) The compact administrator provided for in Section 6-706 of the
compact shall not be entitled to any additional compensation on account of
his service as such administrator, but shall be entitled to expenses
incurred in connection with his duties and responsibilities as such
administrator, in the same manner as for expenses incurred in connection
with any other duties or responsibilities of his office or employment.
(d) As used in the compact, with reference to this state, the term
"executive head" shall mean the Governor.
(e) The phrase "manslaughter or negligent homicide," as used in
subparagraph (1) of paragraph (a) of Section 6-703 of the compact includes
the offense of reckless homicide as defined in Section 9-3 of the Criminal
Code of 1961 or the Criminal Code of 2012, or in any predecessor
statute, as well as the offenses of second degree murder and involuntary
manslaughter.
The offense described in subparagraph (2) of paragraph (a) of Section
6-703 of the compact includes any violation of Section 11-501 of this
Code or any similar provision of a local ordinance.
The offense described in subparagraph (4) of paragraph (a) of Section
6-703 of the compact includes any violation of paragraph (a) of Section
11-401 of this Code.
(Source: P.A. 97-1150, eff. 1-25-13.)
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(625 ILCS 5/Ch. 6 Art. VIII heading) ARTICLE VIII.
NONRESIDENT VIOLATOR COMPACT
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(625 ILCS 5/6-800) (from Ch. 95 1/2, par. 6-800)
Sec. 6-800.
The Nonresident Violator Compact, hereinafter referred to
as the Compact, is hereby enacted into law and entered into with all other
jurisdictions legally joining therein.
(Source: P.A. 83-385.)
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(625 ILCS 5/6-801) (from Ch. 95 1/2, par. 6-801)
Sec. 6-801.
Findings, Declaration of Policy and Purpose.
(a) The party
jurisdictions find that:
1. In most instances, a motorist who is cited for a traffic violation
in a jurisdiction other than the motorist's home jurisdiction:
(i) Must post collateral or bond to secure appearance for trial at a later date; or
(ii) If unable to post collateral or bond, is taken into custody until
the collateral or bond is posted; or
(iii) Is taken directly to court for immediate disposition.
2. A motorist receiving a traffic citation in the motorist's home jurisdiction
is permitted, except for certain violations, to accept the citation from the
officer at the scene of the violation, voluntarily deposit a valid driver's
license and immediately continue after promising or being instructed to
comply with the terms of the citation.
3. The purpose of the practices described in subsections 1 and 2 of paragraph
(a) is to ensure compliance with the terms of a traffic citation by the
motorist who, if permitted to continue after receiving the traffic citation,
could return to the motorist's home jurisdiction and disregard any duty
under the terms of the traffic citation.
4. The practice described in subsection 1 of paragraph (a) causes unnecessary
inconvenience and, at times, a hardship for the motorist who is unable at
the time to post collateral, furnish a bond, stand trial, or pay the fine,
and thus is compelled to remain in custody until some arrangement can be made.
5. The deposit of a driver's license as a bail bond, as described in subsection
2 of paragraph (a), is viewed with disfavor.
6. The practices described herein consume an undue amount of law enforcement time.
(b) It is the policy of the party jurisdictions to:
1. Seek compliance with the laws, ordinances, and administrative rules
and regulations relating to the operation of motor vehicles in each of
the jurisdictions.
2. Allow a motorist to accept a traffic citation for certain violations
and proceed without delay whether or not the motorist is a resident of the
jurisdiction in which the citation was issued.
3. Extend cooperation to its fullest extent among the jurisdictions for
obtaining compliance with the terms of a traffic citation issued in one
jurisdiction to a resident of another jurisdiction.
4. Maximize effective utilization of law enforcement personnel and assist
court systems in the efficient disposition of traffic violations.
(c) The purpose of the Compact is to:
1. Provide a means through which the party jurisdictions may participate
in a reciprocal program to effectuate the policies enumerated in paragraph
(b) above in a uniform and orderly manner.
2. Provide for the fair and impartial treatment of traffic violators operating
within party jurisdictions in recognition of the motorist's right of due
process and the sovereign status of a party jurisdiction.
(Source: P.A. 83-385.)
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(625 ILCS 5/6-802) (from Ch. 95 1/2, par. 6-802)
Sec. 6-802.
Definitions.
In the Nonresident Violator Compact, the following
words have the meanings indicated, unless the context requires otherwise.
1. "Citation" means any summons, ticket, or other official document issued
by a police officer for a traffic violation containing an order which requires
the motorist to respond.
2. "Collateral" means any cash or other security deposited to secure an
appearance for trial, following the issuance by a police officer of a citation
for a traffic violation.
3. "Court" means a court of law or traffic tribunal.
4. "Driver's license" means any license or privilege to operate a motor
vehicle issued under the laws of this State.
5. "Home Jurisdiction" means the jurisdiction that issued the driver's
license of the traffic violator.
6. "Issuing jurisdiction" means the jurisdiction in which the traffic
citation was issued to the motorist.
7. "Jurisdiction" means a state, territory, or possession of the United
States, the District of Columbia, or the Commonwealth of Puerto Rico.
8. "Motorist" means a driver of a motor vehicle operating in a party jurisdiction.
9. "Personal recognizance" means an agreement by a motorist made at the
time of issuance of the traffic citation that such motorist will comply
with the terms of that traffic citation.
10. "Police officer" means every officer authorized to make arrests and
issue citations for traffic violations.
11. "Secretary" means the Illinois Secretary of State.
12. "Terms of the citation" means those options expressly stated upon the citation.
(Source: P.A. 83-385.)
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(625 ILCS 5/6-803) (from Ch. 95 1/2, par. 6-803)
Sec. 6-803. Procedure for issuing jurisdiction. (a) When issuing a citation
for a traffic violation, a police officer shall issue the citation
to a motorist who possesses a valid driver's license issued by a party
jurisdiction
and shall not, subject to paragraph (b) of this
Section, require the motorist to post collateral to secure appearance, if
the officer receives the motorist's personal recognizance to comply with
the terms of the citation.
(b) Personal recognizance is acceptable only if not prohibited by law.
If mandatory appearance is required, it must take place according to law,
following issuance of the citation.
(c) Upon failure of a motorist to comply with the terms of a traffic citation,
the appropriate official shall report the failure to comply, in a manner
prescribed by the Secretary, to the licensing authority of the jurisdiction
in which the traffic citation was issued. The report shall be made in accordance
with procedures specified by the Secretary and shall contain information
as specified by the Secretary as minimum requirements for effective processing
by the home jurisdiction.
(d) Upon receipt of the report, the Secretary shall transmit to the licensing
authority in the home jurisdiction of the motorist the information in a
form and content as contained in the Compact Manual.
(e) The Secretary may not suspend the privileges of a motorist for whom
a report has been transmitted, under the terms of this Compact, to another
member jurisdiction.
(f) The Secretary shall not transmit a report on any violation if the
date of transmission is more than 6 months after the date on which the traffic
citation was issued.
(g) The Secretary shall not transmit a report on any violation where the
date of issuance of the citation predates the most recent of the effective
dates of entry for the two jurisdictions affected.
(Source: P.A. 100-674, eff. 1-1-19.)
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(625 ILCS 5/6-804) (from Ch. 95 1/2, par. 6-804)
Sec. 6-804.
Procedure for Home Jurisdiction.
(a) Upon receipt of a
report of a failure to comply from the Secretary, the licensing authority
of the home jurisdiction shall notify the motorist and initiate a suspension
action in accordance with the home jurisdiction's procedures to suspend
the motorist's driver's license until satisfactory
evidence of compliance with the terms of the traffic citation has been furnished
to the Secretary. Due process safeguards will be accorded.
(b) The Secretary shall maintain a record of actions taken and make reports
to issuing jurisdictions as provided in the Compact Manual.
(Source: P.A. 83-385.)
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(625 ILCS 5/6-805) (from Ch. 95 1/2, par. 6-805)
Sec. 6-805.
Applicability of Other Laws.
Except as expressly required
by provisions of this Compact, nothing contained herein shall be construed
to affect the right of any party jurisdiction to apply any of its other
laws relating to licenses to drive to any person or circumstance, or to
invalidate or prevent any driver license agreement or other cooperative
agreement between a party jurisdiction and a nonparty jurisdiction.
(Source: P.A. 83-385.)
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(625 ILCS 5/6-806) (from Ch. 95 1/2, par. 6-806)
Sec. 6-806.
Compact Administrator Procedures.
(a) For the purpose of
administering the provisions of this Compact and to serve as a governing
body for the resolution of all matters relating to the operation of this
Compact, a Board of Compact Administrators is established. The Board shall
be composed of one representative from each party jurisdiction to be known
as the Compact Administrator. The Compact Administrator shall be appointed
by the Secretary and will serve and be subject to removal in accordance
with the laws of the jurisdiction represented. A Compact Administrator
may provide for the discharge of duties and the performance of the functions
as a Board Member to an alternate. An alternate may not be entitled to
serve unless written identification notice has been given to the Board.
(b) Each member of the Board of Compact Administrators shall be entitled
to one vote. No action of the Board shall be binding unless taken at a
meeting at which a majority of the total number of votes on the Board are
cast in favor. Action by the Board shall be only at a meeting at which
a majority of the party jurisdictions are represented.
(c) The Board shall elect annually, from its membership, a Chairman and Vice Chairman.
(d) The Board shall adopt bylaws, not inconsistent with the provisions
of this Compact or the laws of a party jurisdiction, for the conduct of
its business and shall have the power to amend and rescind its bylaws.
(e) The Board may accept, for any of its purposes and functions under
this Compact, any and all donations, grants of money, equipment, supplies,
materials and services, conditional or otherwise, from any jurisdiction,
the United States, or any other governmental agency, and may receive, utilize
and dispose of the same.
(f) The Board may contract with, or accept services or personnel from,
any governmental or intergovernmental agency, person, firm, or corporation,
or any private nonprofit organization or institution.
(g) The Board shall formulate all necessary procedures and develop uniform
forms and documents for administering the provisions of this Compact. All
procedures and forms adopted pursuant to Board action shall be contained
in the Compact Manual.
(Source: P.A. 83-385.)
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(625 ILCS 5/6-807) (from Ch. 95 1/2, par. 6-807)
Sec. 6-807.
Entry into Compact and Withdrawal.
(a) This Compact shall
become effective when it has been adopted by at least 2 jurisdictions.
(b) Entry into the Compact shall be made by a Resolution of Ratification
executed by the Secretary and submitted to the Chairman of the Board.
1. The resolution shall be in a form and content as provided in the Compact
Manual and shall include statements that in substance are as follows:
(i) A citation of the authority by which the jurisdiction is empowered
to become a party to this Compact.
(ii) Agreement to comply with the terms and provisions of the Compact.
(iii) That Compact entry is with all jurisdictions then party to the Compact
and with any jurisdiction that legally becomes a party to the Compact.
2. The effective date of entry shall be specified by the Secretary, but
it shall not be before July 1, 1984 nor fewer than 60 days after notice
has been given by the Chairman of the Board of Compact Administrators or
by the American Association of Motor Vehicle Administrators that each party
jurisdiction has received the Secretary's resolution.
A withdrawal shall not take effect until 90 days after notice of withdrawal
is given. The notice shall be directed to the Compact Administrator of
each member jurisdiction. No withdrawal shall affect the validity of this
Compact as to the remaining party jurisdictions.
(Source: P.A. 83-385.)
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(625 ILCS 5/6-808) (from Ch. 95 1/2, par. 6-808)
Sec. 6-808.
Exceptions.
The provisions of this Compact shall not apply
to parking or standing violations, highway weight limit violations, or to
violations of law governing the transportation of hazardous materials.
(Source: P.A. 83-385.)
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(625 ILCS 5/6-809) (from Ch. 95 1/2, par. 6-809)
Sec. 6-809.
Amendments to the Compact.
(a) This Compact may be amended
from time to time. Amendments shall be presented in resolution form to
the Chairman of the Board of Compact Administrators and may be initiated
by one or more party jurisdictions.
(b) Adoption of an amendment shall require endorsement of all party jurisdictions
and shall become effective 30 days after the date of the last endorsement.
(c) Failure of a party jurisdiction to respond to the Compact Chairman
within 12 days after receipt of the proposed amendment shall constitute endorsement.
(Source: P.A. 83-385.)
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(625 ILCS 5/6-810) (from Ch. 95 1/2, par. 6-810)
Sec. 6-810.
Construction.
This Compact shall be liberally construed
so as to effectuate the purposes stated herein.
If this Compact shall be held contrary to the Constitution of any jurisdiction
party thereto, the Compact shall remain in full force and effect as to the
remaining jurisdictions.
(Source: P.A. 83-385.)
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(625 ILCS 5/Ch. 6 Art. IX heading) ARTICLE IX.
DRIVER'S LICENSE MEDICAL REVIEW LAW OF 1992
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(625 ILCS 5/6-900) (from Ch. 95 1/2, par. 6-900)
Sec. 6-900.
Short title.
This Article may be cited as the Driver's
License Medical Review Law of 1992.
(Source: P.A. 87-1249.)
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(625 ILCS 5/6-901) (from Ch. 95 1/2, par. 6-901)
Sec. 6-901. Definitions. For the purposes of this
Article:
"Board" means the Driver's License Medical Advisory Board.
"Medical examiner" or "medical practitioner" means: (i) any person licensed to practice medicine in all | ||
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(ii) a licensed physician assistant; or (iii) a licensed advanced practice registered nurse.(Source: P.A. 99-173, eff. 7-29-15; 100-513, eff. 1-1-18.)
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(625 ILCS 5/6-902) (from Ch. 95 1/2, par. 6-902)
Sec. 6-902.
Driver's License Medical Advisory Board; membership; terms;
compensation; meetings.
(a) There is established within the Office of the Secretary of State a
Driver's License Medical Advisory Board consisting of at least 9 members
appointed by the Secretary. Members' terms of service shall be set by the
Secretary at his or her discretion. The members of the Board shall receive
compensation from the Secretary at a rate per day designated by the Secretary
for each day required for transacting business of the Board and shall be
reimbursed for expenses reasonably incurred in the performance of their duties.
The Secretary may also call in allied medical personnel to advise and consult
with the Board. The Secretary shall select one of the members to act as
Chairperson.
(b) The Board, or any of its subdivisions, may meet at any place within
the State and shall meet at the call of the Secretary as frequently as he
or she deems necessary in order to properly discharge the functions
prescribed by this Act.
(Source: P.A. 87-1249.)
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(625 ILCS 5/6-903) (from Ch. 95 1/2, par. 6-903)
Sec. 6-903.
Standard for determining medical limitation; records.
(a) The Secretary in cooperation with the Board shall establish standards
for determining the degree to which a person's medical condition
constitutes a limitation to the person's ability to operate a motor vehicle
or causes the person to be a driving hazard.
(b) The standards may include, but need not be limited to, the following:
(1) Physical disorders characterized by momentary or | ||
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(2) Disorders and impairments affecting the | ||
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(3) Musculoskeletal disabilities and disorders | ||
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(4) Vision and disorders affecting vision.
(5) The use of or dependence upon alcohol or drugs.
(6) The extent to which compensatory aids and devices | ||
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(7) Conditions or disorders that medically impair a | ||
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(Source: P.A. 87-1249.)
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(625 ILCS 5/6-904) (from Ch. 95 1/2, par. 6-904)
Sec. 6-904.
Referral of cases by the Secretary.
The Secretary shall,
when he or she has good cause to believe an individual by reason of a
medical limitation would not be able to operate a motor vehicle safely,
refer a case to the Board for consideration.
(Source: P.A. 87-1249.)
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(625 ILCS 5/6-905) (from Ch. 95 1/2, par. 6-905)
Sec. 6-905.
Medical evaluations of individuals under review; scope of
driving privileges; report to the Secretary.
(a) Within the scope of the case request, as sent by the Secretary, a
function of the Board shall be to make medical evaluations of the
individual under review and determine what medical conditions exist that
may impair the individual's ability to operate a motor vehicle safely.
(b) Based on the medical evaluations and determination under subsection (a)
and in accordance with established standards, the Board shall, among other
things, indicate the scope of driving privileges that would enable the
individual under review to operate a motor vehicle safely, including the extent
to which compensatory aids and devices must be used and the need for ongoing
review or evaluation.
(c) The findings, determination, and recommendations of the Board or its
subdivisions shall be forwarded to the Secretary who shall then take the
action in accordance with the Board's recommendation.
(Source: P.A. 87-1249.)
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(625 ILCS 5/6-906) (from Ch. 95 1/2, par. 6-906)
Sec. 6-906.
Request for a hearing.
(a) After utilizing all possible review by the Board under this Act or
any regulation promulgated by the Secretary, any person who has their
driver's license restricted or canceled or is otherwise denied a license has
a right to request a hearing under Section 2-118 of this Code. The request for
a hearing shall be in writing.
(b) The Secretary shall prescribe by rule and regulation the procedures
to be followed at the hearing.
(Source: P.A. 87-1249.)
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(625 ILCS 5/6-907) (from Ch. 95 1/2, par. 6-907)
Sec. 6-907.
Cooperation required of person under review.
(a) In making an inquiry or conducting a hearing the Secretary or Board
may require the person under review to:
(1) Submit to a medical examination by a medical | ||
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(2) Submit to a medical examination by an impartial | ||
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(3) Consent to make available to the Secretary or | ||
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(b) Any person under review who refuses to submit to an examination or to
consent to provide information, or both, shall as a matter of law be
considered unqualified to operate a motor vehicle until the individual
complies with the Secretary's or Board's request and the Board is able to
make its findings and recommendations, at which time the findings and
recommendations shall control.
(c) The results of any examination ordered or conducted by the Secretary
or the Board shall be made available to the individual under review.
(Source: P.A. 87-1249.)
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(625 ILCS 5/6-908) (from Ch. 95 1/2, par. 6-908)
Sec. 6-908. Confidential information. As provided in subsection (j) of
Section 2-123 of this Code, all information furnished to the Secretary or
Board, the results of all examinations made at their direction, and all medical
findings of the Board shall be confidential and for the sole use of the Board
and the Secretary which may have access to the same for the purposes as set
forth in this Act. Except as provided in this Section, no confidential information may be open to public
inspection or the contents disclosed to anyone, except the person under review
and then only to the extent necessary to comply with a request for discovery
during the hearing process, unless so directed by a court of competent
jurisdiction. If the Secretary receives a medical report regarding a driver that does not address a medical condition contained in a previous medical report, the Secretary may disclose the unaddressed medical condition to the driver or his or her physician, or both, solely for the purpose of submission of a medical report that addresses the condition.
(Source: P.A. 97-229, eff. 7-28-11.)
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(625 ILCS 5/6-909) (from Ch. 95 1/2, par. 6-909)
Sec. 6-909.
Rules and regulations; review under Administrative Review
Law. The Secretary, in cooperation with the Board, shall administer and
enforce this Act and shall have the power to make and institute reasonable
rules and regulations as necessary to carry out the provisions of this Act.
(Source: P.A. 87-1249.)
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(625 ILCS 5/6-910) (from Ch. 95 1/2, par. 6-910)
Sec. 6-910.
Liability of persons for information supplied to Board or
Secretary. No member of the Board, medical practitioner, clinic, hospital, or
mental institution, whether public or private, shall be liable or subject
to criminal or civil action for any opinions, findings, or recommendations,
or for any information supplied to the Secretary or the Board regarding
persons under review, or for reports required by this Act, except for
willful and wanton misconduct.
(Source: P.A. 87-1249.)
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(625 ILCS 5/6-911) (from Ch. 95 1/2, par. 6-911) (Text of Section before amendment by P.A. 104-169) Sec. 6-911. Information submitted by medical practitioners; police officers; State's attorneys; or members of the judiciary. Any qualified medical practitioner, commissioned police officer, State's attorney, or member of the judiciary acting in his or her official capacity may submit information to the Secretary relative to the medical condition of a person, including suspected chronic alcoholism or habitual use of narcotics or dangerous drugs, if the condition interferes with the person's ability to operate a motor vehicle safely. Persons reporting under this Section shall enjoy the same immunities granted members of the Board under Section 6-910.(Source: P.A. 87-1249.) (Text of Section after amendment by P.A. 104-169) Sec. 6-911. Information submitted by medical practitioners; police officers; State's attorneys; members of the judiciary; or immediate family members. Any qualified medical practitioner, commissioned police officer, State's attorney, member of the judiciary acting in his or her official capacity, or immediate family member may submit information to the Secretary relative to the medical condition of a person, including suspected chronic alcoholism or habitual use of narcotics or dangerous drugs, if the condition interferes with the person's ability to operate a motor vehicle safely. Persons reporting under this Section shall enjoy the same immunities granted members of the Board under Section 6-910. Information must be submitted in writing in a manner and form approved by the Secretary and shall include the name of the person submitting the information. The Secretary may not accept or act on anonymous reports. The information submitted pursuant to this Section is confidential under Sections 2-123 and 6-908 of this Code. For purposes of this Section, "immediate family member" means spouse, parent, grandparent, sibling, or child. (Source: P.A. 104-169, eff. 7-1-26.) |
(625 ILCS 5/6-912) (from Ch. 95 1/2, par. 6-112)
Sec. 6-912.
Severability.
The provisions of this Article are severable
under Section 1.31 of the Statute on Statutes.
(Source: P.A. 87-1249.)
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(625 ILCS 5/Ch. 6 Art. X heading)
ARTICLE X. ENHANCED SKILLS DRIVING SCHOOLS
(Source: P.A. 96-740, eff. 1-1-10.) |
(625 ILCS 5/6-1001) Sec. 6-1001. Enhanced skills driving schools. (a) As used in this Code, "enhanced skills driving school" means a school for teaching advanced driving skills, such as emergency braking, crash avoidance, and defensive driving techniques to licensed drivers for a fee, and does not mean a school for preparing students for examinations given by the Secretary of State. (b) No person, firm, association, partnership, or corporation shall operate an enhanced skills driving school unless issued a license by the Secretary. No enhanced skills driving school may prepare students for examinations given by the Secretary of State unless the school is also licensed under Article IV of Chapter 6 of this Code. (c) All behind-the-wheel instructions, practice, and experience offered by enhanced skills driving schools shall be on private property, such as race course facilities. The Secretary of State shall have the authority to inspect all facilities and to adopt rules to provide standards for enhanced skills driving school facilities. No behind-the-wheel instruction, practice, or experience may be given on public roadways. (d) The curriculum for courses and programs offered by enhanced skills driving schools shall be reviewed and approved by the Secretary.
(Source: P.A. 96-740, eff. 1-1-10.) |
(625 ILCS 5/6-1002) Sec. 6-1002. Enhanced skills driving school qualifications. In order to qualify for a license to operate an enhanced skills driving school, each applicant must: (1) be of good moral character; (2) be at least 21 years of age; (3) maintain bodily injury and property damage | ||
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(4) have the equipment necessary to the giving of | ||
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(5) pay to the Secretary of State an application fee | ||
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(Source: P.A. 102-982, eff. 7-1-23.) |
(625 ILCS 5/6-1003) Sec. 6-1003. Display of license. Each enhanced skills driving school must display at a prominent place in its main office all of the following: (1) The State license issued to the school; (2) The names, addresses, and State instructors | ||
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(3) The addresses of each branch office and branch | ||
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(Source: P.A. 96-740, eff. 1-1-10.) |
(625 ILCS 5/6-1004) Sec. 6-1004. Qualifications of enhanced skills driving school instructors. In order to qualify for a license as an instructor for an enhanced skills driving school, an applicant must: (1) be of good moral character; (2) have never been convicted of driving while under | ||
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(3) be physically able to operate safely a motor | ||
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(4) hold a valid drivers license; and (5) pay to the Secretary of State an application and | ||
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(Source: P.A. 102-982, eff. 7-1-23.) |
(625 ILCS 5/6-1005) Sec. 6-1005. Renewal of license; enhanced skills driving school. The license of each enhanced skills driving school may be renewed subject to the same conditions as the original license, and upon the payment of a renewal license fee of $500 and $50 for each renewal of a branch application.
(Source: P.A. 96-740, eff. 1-1-10.) |
(625 ILCS 5/6-1006) Sec. 6-1006. Renewal of license; enhanced skills driving school instructor. The license of each enhanced skills driving school instructor may be renewed subject to the same conditions of the original license, and upon the payment of annual renewal license fee of $70.
(Source: P.A. 96-740, eff. 1-1-10.) |
(625 ILCS 5/6-1007) Sec. 6-1007. Licenses; form and filing. All applications for renewal of an enhanced skills driving school license or instructor's license shall be on a form prescribed by the Secretary, and must be filed with the Secretary not less than 15 days preceding the expiration date of the license to be renewed.
(Source: P.A. 96-740, eff. 1-1-10.) |
(625 ILCS 5/6-1008) Sec. 6-1008. Instructor's records. Every enhanced skills driving school shall keep records regarding instructors, students, courses, and equipment, as required by administrative rules prescribed by the Secretary. Such records shall be open to the inspection of the Secretary or his representatives at all reasonable times.
(Source: P.A. 96-740, eff. 1-1-10.) |
(625 ILCS 5/6-1009) Sec. 6-1009. Denial, cancellation, suspension, revocation, and failure to renew license. The Secretary may deny, cancel, suspend or revoke, or refuse to renew any enhanced skills driving school license or any enhanced skills driving school instructor license: (1) When the Secretary is satisfied that the licensee | ||
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(2) Whenever the licensee fails to keep records | ||
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(3) Whenever the licensee fails to comply with any | ||
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(4) Whenever the licensee represents himself or | ||
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(5) Whenever the licensee or any employee or agent of | ||
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(6) Whenever the licensee is convicted of driving | ||
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(Source: P.A. 102-982, eff. 7-1-23.) |
(625 ILCS 5/6-1010) Sec. 6-1010. Judicial review. The action of the Secretary in canceling, suspending, revoking, or denying any license under this Article shall be subject to judicial review in the Circuit Court of Sangamon County or the Circuit Court of Cook County, and the provisions of the Administrative Review Law and the rules adopted pursuant thereto are hereby adopted and shall apply to and govern every action for judicial review of the final acts or decisions of the Secretary under this Article.
(Source: P.A. 96-740, eff. 1-1-10.) |
(625 ILCS 5/6-1011) Sec. 6-1011. Injunctions. If any person, firm, association, partnership, or corporation operates in violation of any provision of this Article, or any rule, regulation, order, or decision of the Secretary of State established under this Article, or in violation of any term, condition, or limitation of any license issued under this Article, the Secretary of State, or any other person injured as a result, or any interested person, may apply to the circuit court of the county where the violation or some part occurred, or where the person complained of has an established or additional place of business or resides, to prevent the violation. The court may enforce compliance by injunction or other process restraining the person from further violation and compliance.
(Source: P.A. 96-740, eff. 1-1-10.) |
(625 ILCS 5/6-1012) Sec. 6-1012. Rules and regulations. The Secretary is authorized to prescribe by rule standards for the eligibility, conduct, and operation of enhanced driver skills training schools, and instructors and to adopt other reasonable rules and regulations necessary to carry out the provisions of this Article.
(Source: P.A. 96-740, eff. 1-1-10.) |
(625 ILCS 5/6-1013) Sec. 6-1013. Deposit of fees. Fees collected under this Article shall be disbursed under subsection (g) of Section 2-119 of this Code.
(Source: P.A. 99-127, eff. 1-1-16.) |
(625 ILCS 5/Ch. 7 heading) CHAPTER 7.
ILLINOIS SAFETY AND FAMILY
FINANCIAL RESPONSIBILITY LAW
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(625 ILCS 5/Ch. 7 Art. I heading) ARTICLE I.
ADMINISTRATION
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(625 ILCS 5/7-100) (from Ch. 95 1/2, par. 7-100)
Sec. 7-100. Definition of words and phrases. Notwithstanding the definitions
set forth in Chapter 1, for the purposes of this Chapter,
the following words shall have the following meanings ascribed to them:
Administrative order of support. An order for the support of dependent children issued by an administrative body of this or any other State.
Administrator. The Department of Transportation.
Arrearage. The total amount of unpaid support obligations.
Authenticated document. A document from a court which contains a court
stamp, showing it is filed with the court, or notarized, or is certified by
the custodian of the original.
Compliance with a court order of support. The support
obligor is no more than an amount equal to 90 days obligation in arrears in
making payments in full for current support, or in making periodic payments on
a support arrearage as determined by a court.
Court order of support. A judgment order for the
support of dependent children issued by a court of this State, including
a judgment of dissolution of marriage. With regard to a certification by the Department of Healthcare and Family Services under subsection (c) of Section 7-702, the term "court order of support" shall include an order of support entered by a court of this or any other State.
Driver's license. A license or permit to operate a motor vehicle in the
State, including the privilege of a person to drive a motor vehicle whether or
not the person holds a valid license or permit.
Family financial responsibility driving permit. A permit granting
limited driving privileges for employment or medical purposes
following a suspension of driving privileges under the Family
Financial Responsibility Law. This permit is valid only after the
entry of a court order granting the permit and issuance of the
permit by the Secretary of State's Office. An individual's driving
privileges must be valid except for the family financial
responsibility suspension in order for this permit to be issued.
In order to be valid, the permit must be in the immediate
possession of the driver to whom it is issued.
Judgment. A final judgment of any court of competent jurisdiction of any
State, against a person as defendant for damages on account of bodily
injury to or death of any person or damages to property resulting from the
operation of any motor vehicle.
Obligor. The individual who owes a duty to make payments under a court
order of support.
Obligee. The individual or other legal entity to whom a duty of support is
owed through a court order of support or the individual's
legal
representatives.
(Source: P.A. 95-685, eff. 10-23-07.)
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(625 ILCS 5/7-101) (from Ch. 95 1/2, par. 7-101)
Sec. 7-101.
Administration of Illinois Safety and Family Financial
Responsibility Law. The Secretary of State and the Department, within the scope
of their respective duties and powers under this Code, shall administer and
enforce this Chapter and may make rules and regulations necessary for its
administration and shall provide for hearings upon request of persons aggrieved
by orders or acts of the Secretary of State, and the Department under this
Section. However, the Secretary of State and the clerks of the circuit courts,
within the scope of their respective duties and powers under this Code, shall
administer and enforce Article VII of this Chapter.
(Source: P.A. 89-92, eff. 7-1-96.)
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(625 ILCS 5/7-102) (from Ch. 95 1/2, par. 7-102)
Sec. 7-102.
Court Review.
The provisions of the Administrative Review Law,
and all amendments and modifications thereof, and the rules adopted
pursuant thereto, shall apply to and govern all proceedings for the
judicial review of final administrative decisions of the Administrator or
the Secretary of State hereunder.
(Source: P.A. 90-89, eff. 1-1-98.)
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(625 ILCS 5/Ch. 7 Art. II heading)
ARTICLE II. SECURITY FOLLOWING CRASH
(Source: P.A. 102-982, eff. 7-1-23.)
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(625 ILCS 5/7-201) (from Ch. 95 1/2, par. 7-201) Sec. 7-201. Application of Article II. The Administrator as soon as practicable after the receipt of the report, required to be filed under Section 11-407, of a motor vehicle crash occurring within this State and that has resulted in bodily injury or death of any person or that damage to the property of any one person in excess of $1,500 (or $500 if any of the vehicles involved in the crash is subject to Section 7-601 but is not covered by a liability insurance policy in accordance with Section 7-601) was sustained, shall determine: 1. Whether Section 7-202 of this Code requires the | ||
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2. What amount of security shall be sufficient to | ||
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(Source: P.A. 102-982, eff. 7-1-23; 103-1047, eff. 1-1-25.) |
(625 ILCS 5/7-201.1) (from Ch. 95 1/2, par. 7-201.1) Sec. 7-201.1. If the Administrator has not received a report required to be filed under Section 11-407, or if the information contained in a report is insufficient, the Administrator shall send to the person required to file the report a written request for the missing report or the missing information. The Administrator shall send such request no later than 45 days after the crash or 7 days after receiving information that such crash has occurred, whichever is later. If the request is sent to a driver involved in a crash, the request or an attachment thereto shall contain in bold print a warning that failure to comply with the request within 15 days may result in the suspension of the driver's license.(Source: P.A. 102-982, eff. 7-1-23; 103-1047, eff. 1-1-25.) |
(625 ILCS 5/7-201.2) (from Ch. 95 1/2, par. 7-201.2)
Sec. 7-201.2.
The Administrator, within 30 days after compiling
sufficient information on a motor vehicle crash, shall certify to the
Secretary of State the name of each owner and the name of each operator of
any vehicle involved in the crash, his determination that security is
required under this Code, and the amount of the security. The
Administrator also shall supply to the Secretary of State a copy of any
crash report requested by the Secretary.
The Administrator shall send a copy of the certification to each person
whose name is certified. The copy, or an attachment thereto, shall contain
in bold print an explanation that, because the person did not furnish the
Department of Transportation with evidence that he or she is insured or
otherwise able to pay for damages resulting from the crash, the person's
name has been forwarded to the Secretary of State for possible suspension
of his or her driver's license.
(Source: P.A. 102-982, eff. 7-1-23.)
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(625 ILCS 5/7-201.3) (from Ch. 95 1/2, par. 7-201.3)
Sec. 7-201.3.
Administrator to itemize potential claims.
The
Administrator shall send by mail to the person required to deposit
security an itemization of each potential claim of personal injury or
property damage and the name and address of each potential claimant within
the knowledge of the Administrator and upon which the determination of the
amount of security is based.
(Source: P.A. 84-797.)
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(625 ILCS 5/7-202) (from Ch. 95 1/2, par. 7-202)
Sec. 7-202. Exceptions to requirements of security. (a) The requirements
as to security and suspension as provided by Sections 7-201 and 7-205 shall not apply:
1. To the driver or owner if such owner had in | ||
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2. To the driver, if not the owner of such vehicle, | ||
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3. To the driver or owner if the liability of such | ||
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4. To the driver or owner, if such owner is qualified | ||
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5. To the owner if such owner at the time of such | ||
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6. To the driver or owner if such owner at the time | ||
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7. To the owner if the vehicle involved in such motor | ||
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8. To the driver or the owner of a vehicle involved | ||
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9. To the driver or the owner of a vehicle which at | ||
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10. To the owner of a vehicle if at the time of the | ||
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11. To the driver, if not the owner, of a commercial | ||
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(b) If at the time of the motor vehicle crash, an owner or
driver is covered by a motor vehicle liability policy or bond meeting the
requirements of this Code, such owner or driver shall be exempt
from suspension under Section 7-205 as to that motor vehicle crash,
if the company issuing the policy or bond has failed, and such policy or
bond was not effective at the time of the motor vehicle crash or
any time thereafter, provided, that the owner or driver had no knowledge
of the company's failure prior to the motor vehicle crash, and such
owner or driver has secured within 30 days after learning of such failure
another liability policy or bond meeting the requirements of the Code relating
to future occurrences or motor vehicle crashes.
As used in this paragraph, the words "failed" or "failure"
mean that the company has suspended operations by order of a court.
(Source: P.A. 102-982, eff. 7-1-23.)
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(625 ILCS 5/7-203) (from Ch. 95 1/2, par. 7-203)
Sec. 7-203. Requirements as to policy or bond. No such policy or bond referred to in Section 7-202 shall
be effective under this Section unless issued by an insurance company or
surety company authorized to do business in this State, except that if
such motor vehicle was not registered in this State, or was a motor
vehicle which was registered elsewhere than in this State at the
effective date of the policy or bond, or the most recent renewal
thereof, such policy or bond shall not be effective under this Section
unless the insurance company or surety company, if not authorized to do
business in this State, shall execute a power of attorney authorizing
the Secretary of State to accept service on its behalf of notice or
process in any action upon such policy or bond arising out of such
motor vehicle crash. However, every such policy or bond is subject, if
the motor vehicle crash has resulted in bodily injury or death, to
a limit, exclusive of interest and costs, of not less than $25,000 because of
bodily injury to or death of any one person in any one motor vehicle
crash and, subject to said limit for one person, to a limit of not less than
$50,000 because of bodily injury to or death of 2 or more persons
in any one motor vehicle crash, and, if the motor vehicle crash
has resulted in injury to or destruction of property, to a limit of not
less than $20,000 because of injury to or destruction of
property of others
in any one motor vehicle crash. The changes to this Section made by this amendatory Act of the 98th General Assembly apply only to policies issued or renewed on or after January 1, 2015.
Upon receipt of a written motor vehicle crash
report from the Administrator the insurance company or surety company
named in such notice shall notify the Administrator within such time and
in such manner as the Administrator may require, in case such policy or
bond was not in effect at the time of such motor vehicle crash.
(Source: P.A. 102-982, eff. 7-1-23.)
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(625 ILCS 5/7-204) (from Ch. 95 1/2, par. 7-204)
Sec. 7-204. Form and amount of security - Definition.
(A) Any security required to be deposited under this Act shall be in
the form as the Secretary of State may require by administrative rule, and
in the amounts as the
Administrator may determine to be sufficient to satisfy any judgment or
judgments for damages against an operator or owner but in no case in excess
of the limits specified in Section 7-203 of this Act in reference to the
acceptable limits of a policy or bond nor for an amount less than $1,500 (or $500 if any of the vehicles involved in the crash is subject to Section 7-601 but is not covered by a liability insurance policy in accordance with Section 7-601).
(B) The person depositing security shall specify in writing the person
or persons on whose behalf the deposit is made and, while at any time the
deposit is in the custody of the Secretary of State or State Treasurer, the
person depositing it may, in writing, amend the specification of the person
or persons on whose behalf the deposit is made to include an additional
person or persons; provided, however, that a single deposit of security
shall be applicable only on behalf of persons, required to furnish security
because of the same crash.
(C) Within 10 days after any security required under the provisions of
this Article is deposited with the Secretary of State, the Secretary shall
send notice of the security deposit to the following, if known:
1. To each owner and operator of any vehicle involved | ||
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2. To any person who sustained damage to personal or | ||
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3. To any person who was injured as a result of the | ||
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4. To the estate of any person killed as a result of | ||
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(Source: P.A. 102-982, eff. 7-1-23.)
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(625 ILCS 5/7-205) (from Ch. 95 1/2, par. 7-205)
Sec. 7-205.
Failure to deposit security - Hearings and suspensions.
The Secretary of State, within 15 days after receipt of the
determination of the Administrator that a deposit of security is required
under this Code, shall review all reports, documents and
other pertinent evidence in his possession, and make a preliminary finding
as to whether or not there is a reasonable possibility of a civil
judgment being entered in a court of proper jurisdiction against the
person so certified by the Administrator under this Code.
(a) Upon a preliminary finding that there is such a reasonable
possibility, the Secretary of State shall notify such person by mail that his driving
privileges, driver's license or registration will be suspended
45 days after the date of the mailing of the notice unless the person can
prove to the satisfaction of the Secretary of State that he has deposited
or has had deposited and filed on his behalf the security required under
this Code or, within 15 days of the mailing of such
notice, requests
a formal hearing to determine whether his driving privileges, driver's license
or registration should be suspended or whether the Secretary should enter
an order of exoneration, and that such hearing shall be scheduled within
45 days after the mailing of such notice in accordance with the rules and
regulations of the Secretary of State.
(b) Upon a preliminary finding that there is not such a reasonable
possibility, the Secretary of State may elect to take
no further action.
(c) In the event an order of suspension so entered applies to a nonresident
owner or driver, then the
privilege of driving or using a motor vehicle within the territorial limits
of this State shall be so suspended.
(Source: P.A. 84-797.)
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(625 ILCS 5/7-206) (from Ch. 95 1/2, par. 7-206)
Sec. 7-206.
Release from liability.
(a) A person shall be
relieved from the requirement for deposit of security required by Section
7-201 in the event there shall be filed with the Secretary
of State satisfactory evidence that the person
who would otherwise be required to deposit security has been released from liability.
(b) A covenant not to sue shall relieve the parties thereto
as to each other from the security requirements of this Article.
(Source: P.A. 83-831.)
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(625 ILCS 5/7-207) (from Ch. 95 1/2, par. 7-207)
Sec. 7-207.
Adjudication of non-liability.
A person shall be relieved from the requirement for deposit of security,
required by Section 7-201 of this Act, in the event there shall be filed
with the Secretary of State evidence satisfactory of a final adjudication
of non-liability.
(Source: P.A. 77-327.)
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(625 ILCS 5/7-208) (from Ch. 95 1/2, par. 7-208)
Sec. 7-208. Agreements for payment of damages. (a) Any 2
or more of the persons involved in
a motor vehicle crash subject
to the provisions of Section 7-201 or their authorized representatives,
may at any time enter into a
written agreement for the payment of an agreed amount in installments, with
respect to all claims for injuries or damages resulting from the motor
vehicle crash.
(b) The Secretary of State, to the extent provided by any
such written agreement properly filed with him, shall not require the
deposit of security and shall terminate any prior order of suspension, or,
if security has
previously been deposited, the Secretary of State shall immediately return
such security to the depositor or an appropriate personal representative.
(c) In the event of a default in any payment under such agreement
and upon notice of such default the Secretary of State shall forthwith suspend
the driver's license and registration, or nonresident's
operating privileges, of such person in default which shall not be restored
unless and until:
1. Such person deposits and thereafter maintains | ||
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2. Two years have elapsed since the acceptance of the | ||
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3. The person enters into a second written agreement | ||
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(Source: P.A. 102-982, eff. 7-1-23.)
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(625 ILCS 5/7-209) (from Ch. 95 1/2, par. 7-209)
Sec. 7-209. Payment upon judgment. The payment of a judgment arising out
of a motor vehicle crash or the payment upon such judgment
of an amount equal to the maximum amount which could be required for deposit
under this Article shall for the purposes of this Code be
deemed satisfied.
(Source: P.A. 102-982, eff. 7-1-23.)
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(625 ILCS 5/7-210) (from Ch. 95 1/2, par. 7-210)
Sec. 7-210.
Termination of Security Requirement.
The Secretary of State, if satisfied as to the existence of any fact
which under Sections 7-206, 7-207, 7-208, or 7-209 would entitle a person
to be relieved from the security requirements of this Article, shall not
require the deposit of security by the person so relieved from such
requirement and shall terminate any prior order of suspension in respect to
such person, or if security has previously been deposited by such person,
the Secretary of State shall immediately return such deposit to such
person.
(Source: P.A. 76-1586.)
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(625 ILCS 5/7-211) (from Ch. 95 1/2, par. 7-211) Sec. 7-211. Duration of suspension. (a) Unless a suspension is terminated under other provisions of this Code, the driver's license or registration and nonresident's operating privilege suspended as provided in Section 7-205 shall remain suspended and shall not be renewed nor shall any license or registration be issued to the person until: 1. The person deposits or there shall be deposited | ||
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2. (Blank); 3. Receipt of proper notice that the person has filed | ||
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4. (Blank); or 5. The applicable statute of limitations has expired | ||
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An affidavit that no action at law for damages arising out of the motor vehicle crash has been filed against the applicant, or if filed that it is not still pending shall be prima facie evidence of that fact. The Secretary of State may take whatever steps are necessary to verify the statement set forth in the applicant's affidavit. (b) The driver's license or registration and nonresident's operating privileges suspended as provided in Section 7-205 shall also remain suspended and shall not be renewed nor shall any license or registration be issued to the person until the person gives proof of his or her financial responsibility in the future as provided in Section 1-164.5. The proof is to be maintained by the person in a manner satisfactory to the Secretary of State for a period of 3 years after the date the proof is first filed.(Source: P.A. 104-260, eff. 8-15-25.) |
(625 ILCS 5/7-212) (from Ch. 95 1/2, par. 7-212)
Sec. 7-212. Authority of Administrator and Secretary of State to decrease
amount of
security. The Administrator may reduce the amount of security ordered in any
case
within one year after the date of the crash, but in no event for an
amount less than $1,500 (or $500 if any of the vehicles involved in the crash is subject to Section 7-601 but is not covered by a liability insurance policy in accordance with Section 7-601), if, in the judgment of the Administrator the amount
ordered is excessive, or may revoke or rescind its order requiring the
deposit of security in any case within one year after the date of the
crash if, in the judgment of the Administrator, the provisions of
Sections 7-202 and 7-203 excuse or exempt the operator or owner from the
requirement of the deposit. In case the security originally ordered has
been deposited the excess of the reduced amount ordered shall be returned
to the depositor or his or her personal representative forthwith, notwithstanding
the provisions of Section 7-214. The Secretary of State likewise shall have
authority granted to the Administrator to reduce the amount of security
ordered by the Administrator.
(Source: P.A. 102-982, eff. 7-1-23.)
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(625 ILCS 5/7-213) (from Ch. 95 1/2, par. 7-213)
Sec. 7-213.
Custody of security.
Security deposited in compliance with
the requirements of this Article shall be placed by the Secretary
of State in the custody of the State Treasurer.
(Source: P.A. 83-831.)
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(625 ILCS 5/7-214) (from Ch. 95 1/2, par. 7-214)
Sec. 7-214. Disposition of security. Such security shall be applicable only to the payment of a judgment or
judgments, rendered against the person or persons on whose behalf the
deposit was made, for damages arising out of the crash in question, in
an action at law, begun not later than the later of
(i)
the expiration of the relevant statute of limitations
or (ii) 2 years after the
date of any default in any payment under an installment agreement for payment
of damages, and such deposit or any balance thereof shall be returned to the
depositor or his or her personal representative when evidence satisfactory to the
Secretary of State has been filed with him:
1. that there has been a release from liability, or | ||
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2. a duly acknowledged written agreement in | ||
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3. whenever after the expiration of the statute of | ||
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If, after releasing security to a judgment debtor or claimant, the balance of the security posted with the Secretary is $5 or less, the balance shall be transferred to the General Revenue Fund. The
Secretary shall compile a list of all security amounts of $5 or less annually in July and shall certify that amount to the State Comptroller. As soon as possible after receiving the certification, the State Comptroller shall order transferred and the State Treasurer shall transfer the amount certified to the General Revenue Fund. (Source: P.A. 102-52, eff. 1-1-22; 102-982, eff. 7-1-23.)
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(625 ILCS 5/7-215) (from Ch. 95 1/2, par. 7-215)
Sec. 7-215.
Matters not to be evidence in civil suits.
Any action taken pursuant to this Chapter, or the Rules and
Regulations adopted hereunder, or findings of the Administrator or the Secretary
of State upon which such action is based, or the security filed as provided in
this Article shall not be referred to in any way, nor shall
it be any evidence of the negligence or due care of either party, at the
trial of any civil action to recover damages.
(Source: P.A. 83-831.)
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(625 ILCS 5/7-216) (from Ch. 95 1/2, par. 7-216)
Sec. 7-216. Reciprocity; residents and nonresidents; licensing of nonresidents. (a) When
a nonresident's operating privilege is suspended
pursuant to Section 7-205 the Secretary of State shall transmit a certified
copy of the record of such action to the official in charge of the issuance
of driver's license and registration certificates in the state in which
such nonresident resides, if the law of such other
state provides for action in relation thereto similar to that provided for
in subsection (b).
(b) Upon receipt of such certification that the operating
privilege of a resident of this State has been suspended or revoked in any such other
state pursuant to a law providing for its suspension or revocation for
failure to deposit security for the payment of judgments arising out of a
motor vehicle crash, or for failure to deposit security under
circumstances which would require the Secretary of State to suspend a
nonresident's operating privilege had the motor
vehicle crash occurred in this State, the Secretary of State shall
suspend the driver's license of such resident and all other registrations.
Such suspension shall continue until such resident
furnishes evidence of compliance with the law of such other state
relating to the deposit of such security.
(c) In case the operator or the owner of a motor vehicle involved
in a motor vehicle crash within this State has no driver's
license or registration, such operator shall not be allowed a
driver's license or registration until the operator has complied
with the requirements of Sections 7-201 through 7-216 to the same extent that would be
necessary if, at the time of the motor vehicle crash, such operator
had held a license and registration.
(Source: P.A. 102-982, eff. 7-1-23.)
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(625 ILCS 5/Ch. 7 Art. III heading) ARTICLE III.
PROOF OF
FINANCIAL RESPONSIBILITY FOR THE FUTURE
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(625 ILCS 5/7-301) (from Ch. 95 1/2, par. 7-301)
Sec. 7-301.
Application of Article III.
The provisions of this Article
requiring the deposit of proof of financial responsibility for the future,
subject to certain exemptions, shall apply with respect to persons whose
driver's license or driving privileges have been revoked as provided by
this Code, or who have failed to pay judgments amounting to $500 or
more as defined in Section 7-303.
(Source: P.A. 86-549; 87-829.)
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(625 ILCS 5/7-302) (from Ch. 95 1/2, par. 7-302)
Sec. 7-302.
(Repealed).
(Source: P.A. 85-1396. Repealed by P.A. 90-89, eff. 1-1-98.)
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(625 ILCS 5/7-303) (from Ch. 95 1/2, par. 7-303)
Sec. 7-303. Suspension of driver's licenses, registration
certificates, license plates or digital license plates, and registration stickers or digital registration stickers for failure to satisfy
judgment. (a) The Secretary of State shall, except as provided in paragraph
(d), suspend the driver's license issued to any
person upon receiving an authenticated report as hereinafter provided for
in Section 7-307 that the
person has failed for a period of 30 days to satisfy any final
judgment in amounts as hereinafter stated, and shall also suspend the
registration certificate, license plates or digital license plates, and registration
sticker or digital registration sticker of the judgment debtor's motor vehicle involved in the crash as indicated in the authenticated report.
(b) The term "judgment" shall mean: A final judgment of any court of
competent jurisdiction of any State, against a person as defendant for
damages on account of bodily injury to or death of any person or damages to
property resulting from the operation, on and after July 12, 1938, of any
motor vehicle.
(c) The term "State" shall mean: Any State, Territory, or possession of
the United States, the District of Columbia, or any province of the
Dominion of Canada.
(d) The Secretary of State shall not suspend the driver's
license, registration certificates, registration stickers or digital registration stickers, or license
plates or digital license plates of the judgment debtor, nor shall such judgment debtor be subject
to the suspension provisions of Sections 7-308 and 7-309 if all the following
conditions are met:
1. At the time of the motor vehicle crash which gave | ||
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2. The insurance company which issued the policy or | ||
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3. The judgment debtor had no knowledge of the | ||
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4. Within 30 days after learning of the insurance | ||
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5. The insurance company which issued the motor | ||
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6. The judgment debtor presents to the Secretary of | ||
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(Source: P.A. 101-395, eff. 8-16-19; 102-982, eff. 7-1-23.)
|
(625 ILCS 5/7-304) (from Ch. 95 1/2, par. 7-304)
Sec. 7-304.
Proof required.
Upon the revocation of a driver's
license of any person as provided in Section 6-113, 6-205 or 6-206, the
Secretary of State shall suspend any and all of the registration certificates,
license
plates and registration stickers issued for any
motor vehicle registered in the name of such person as owner except that
the Secretary shall not suspend such evidences of registration
in the event such owner has previously given or shall immediately give
the Secretary and thereafter maintain for a period of
3 years, proof of financial responsibility in the manner hereinafter
specified in this Article with respect to each and every motor vehicle owned
and registered by such person.
(Source: P.A. 83-831.)
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(625 ILCS 5/7-305) (from Ch. 95 1/2, par. 7-305)
Sec. 7-305.
Suspension until proof furnished.
The suspension of such
certificates
of registration, license plates and registration stickers
of such person as provided for in Section 7-304 shall remain in
effect and the Secretary of State shall not issue to any such person any
new or renewal of driver's license and shall not register
or re-register in the name of such person any motor vehicle until permitted
under this Article and not then unless and until said person
gives proof of his financial responsibility in the future, as defined in
this Code, such proof to be maintained by said person in
a manner satisfactory to the Secretary of State for a period of 3 years
after the date such proof is first filed.
(Source: P.A. 90-89, eff. 1-1-98.)
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(625 ILCS 5/7-306) (from Ch. 95 1/2, par. 7-306)
Sec. 7-306.
Action in respect to an unlicensed driver.
Whenever any person who is not a resident of this State has been
convicted of an offense which would require the revocation of the driver's
license of a resident, such nonresident shall not operate
any motor vehicle in this State nor shall any motor vehicle owned by such
nonresident be operated within this State by any person, and the
Secretary of State shall not issue to such nonresident
any driver's license and shall not register any motor vehicle
owned by such nonresident unless and until such nonresident shall
give proof of financial responsibility.
(Source: P.A. 83-831.)
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(625 ILCS 5/7-307) (from Ch. 95 1/2, par. 7-307)
Sec. 7-307. Courts to report nonpayments of judgment. The clerk of a court, or the judge of a court which has no clerk, or the judgment creditor or his or her attorney of record
shall forward to the Secretary of State, on a form prescribed by the
Secretary, a certified record of any judgment for damages, the rendering
and nonpayment of which judgment required the suspension of the driver's
license and registrations in the name of the judgment debtor hereunder,
such record to be forwarded to the Secretary of State upon request by the
plaintiff after the expiration of 30 days after such judgment has become
final and when such judgment has not been stayed or satisfied within the
amounts specified in this Article as shown by the records of the Court.
(Source: P.A. 98-1028, eff. 8-22-14.)
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(625 ILCS 5/7-308) (from Ch. 95 1/2, par. 7-308)
Sec. 7-308.
Action in respect to nonresident for
nonpayment of judgment. (a) If a
person, whose failure to satisfy a judgment within
30 days after the same became final would
require a suspension or revocation hereunder in respect to a resident,
shall not be a resident of
this State, such nonresident shall not operate any
motor vehicle in this State, nor shall any motor vehicle owned by such
nonresident be operated in this State by any
person and the Secretary of State shall not issue to such nonresident
a driver's license and shall not register
any motor vehicle owned by such nonresident unless
and until such nonresident shall give proof of financial
responsibility and shall satisfy any such judgment as required with
respect to a resident of this State.
(b) The Secretary of State shall forward to the Motor Vehicle
Commissioner or state officer performing the functions of a Commissioner in
the state, foreign country, or province of the Dominion of Canada in which
a judgment debtor resides, a certified record of any unsatisfied judgment
rendered against such nonresident which requires suspension
of such nonresident's driving privileges in this State.
(Source: P.A. 83-831.)
|
(625 ILCS 5/7-309) (from Ch. 95 1/2, par. 7-309)
Sec. 7-309. Suspension to continue until judgments paid and proof given.
(a) The suspension of such driver's license, license plates
and registration stickers shall remain in effect and no other vehicle shall
be registered in the name of such judgment debtor, nor any new license issued
to such person (including any such person not previously licensed), unless
and until the Secretary of State receives authenticated documentation that
such judgment is satisfied, or dormant as provided for in Section 12-108 of
the Code of Civil Procedure, as now or hereafter amended, or stayed by
court order, and the judgment debtor gives proof of financial
responsibility, as hereinafter provided. The Secretary of State may
terminate the suspension of such person's driver's license,
license plates
and registration stickers and no proof of financial responsibility shall be
required on any existing suspensions under this Article which are more than 20
years old.
(b) Whenever, after one judgment is satisfied and proof of financial
responsibility is given as herein required, another such judgment is
rendered against the judgment debtor for any motor vehicle crash
occurring prior to the date of the giving of said proof and such person
fails to satisfy the latter judgment within the amounts specified herein
within 30 days after the same becomes final, then the Secretary of State
shall again suspend the driver's license of such judgment debtor and shall
again suspend the registration of any vehicle registered in the name of
such judgment debtor as owner. Such driver's license and registration
shall not be renewed nor shall a driver's license and registration of any
vehicle be issued to such judgment debtor while such latter judgment
remains in effect and unsatisfied within the amount specified herein.
(Source: P.A. 102-982, eff. 7-1-23.)
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(625 ILCS 5/7-310) (from Ch. 95 1/2, par. 7-310)
Sec. 7-310. Petition for discharge filed in bankruptcy. A
petition for discharge filed in bankruptcy following the rendering of any judgment shall
relieve the judgment debtor from the requirements of this Chapter 7, except that the judgment debtor's drivers license shall remain suspended and may not be renewed, and the judgment debtor may not be issued a license or registration, until the judgment debtor gives proof of his or her financial responsibility in the future, as provided in Section 1-164.5. The proof is to be maintained by the judgment debtor, in a manner satisfactory to the Secretary of State, for a period of 3 years after the date on which the proof is first filed.
A petition for discharge filed in bankruptcy of the owner
or lessee of a commercial vehicle by whom the judgment debtor is employed
at the time of the motor vehicle crash that gives rise to the
judgment
also shall relieve the judgment debtor so employed from any of the
requirements of this Chapter 7 if the discharge of the owner or lessee
follows the rendering of the judgment and if the judgment debtor
so employed
was operating the commercial vehicle in connection with his or her
regular employment or occupation at the time of the crash.
This amendatory
act of 1985 applies to all cases irrespective of whether the crash
giving rise to the suspension of license or registration occurred before,
on, or after its effective date.
(Source: P.A. 102-982, eff. 7-1-23.)
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(625 ILCS 5/7-311) (from Ch. 95 1/2, par. 7-311)
Sec. 7-311. Payments sufficient to satisfy requirements. (a) Judgments herein referred to arising out of motor vehicle crashes
occurring on or after January 1, 2015 (the effective date of Public Act 98-519) shall for the purpose of this
Chapter be deemed satisfied:
1. when $25,000 has been credited upon any judgment | ||
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2. when, subject to said limit of $25,000 as to any | ||
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3. when $20,000 has been credited upon any judgment | ||
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The changes to this subsection made by Public Act 98-519 apply only to policies issued or renewed on or after January 1, 2015. (b) Credit for such amounts shall be deemed a satisfaction of any such
judgment or judgments in excess of said amounts only for the purposes of
this Chapter.
(c) Whenever payment has been made in settlement of any claim for bodily
injury, death, or property damage arising from a motor vehicle crash
resulting in injury, death, or property damage to two or more persons in
such crash, any such payment shall be credited in reduction of the
amounts provided for in this Section.
(Source: P.A. 102-982, eff. 7-1-23.)
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(625 ILCS 5/7-312) (from Ch. 95 1/2, par. 7-312)
Sec. 7-312.
Installment payment.
(a) A judgment debtor upon 5 days notice
to the judgment creditor may apply to the
trial court in which the judgment was entered for the privilege of paying
such judgment in installments and the court in its discretion and without
prejudice to any other judicial remedies which the judgment creditor may
have may so order, fixing the amounts and times of payment of the installments.
(b) The Secretary of State shall not suspend the driver's
license, registration or nonresident's operating privilege, and any suspended
driver's license or registration following nonpayment of a final judgment
shall be restored when the judgment debtor gives proof of financial responsibility
and when the judgment debtor obtains an order from the trial court permitting
the payment of such judgment in installments and while the payment of any
such installment is not in default.
(Source: P.A. 83-1362.)
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(625 ILCS 5/7-313) (from Ch. 95 1/2, par. 7-313)
Sec. 7-313.
Suspension required upon breach of agreement.
In the event
the judgment debtor fails to pay any installments as permitted by the order
of the court upon notice of such default, the Secretary of State,
upon receipt of a court order, shall
forthwith suspend the driver's license, registration certificate, license
plates, registration stickers or nonresident's operating privilege of the
judgment debtor until said judgment is satisfied as provided in Section 7-311
or a second installment payment plan is accepted as provided in Section
7-312.
(Source: P.A. 90-774, eff. 8-14-98.)
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(625 ILCS 5/7-314) (from Ch. 95 1/2, par. 7-314)
Sec. 7-314.
Alternate methods of giving proof.
Proof of financial responsibility
when required under this Article may be given by filing with the Secretary of State:
1. A certificate of insurance as provided in Section 7-315 or Section
7-316;.
2. A bond as provided in Section 7-320; or
3. A deposit of securities as provided in Section 7-323.
(Source: P.A. 83-831.)
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(625 ILCS 5/7-315) (from Ch. 95 1/2, par. 7-315) Sec. 7-315. Certificate of insurance proof. (a) Proof of financial responsibility may be made by filing with the Secretary of State the electronic certificate of any insurance carrier duly authorized to do business in this State, certifying that it has issued to or for the benefit of the person furnishing such proof and named as the insured in a motor vehicle liability policy, a motor vehicle liability policy or policies or in certain events an operator's policy meeting the requirements of this Code and that said policy or policies are then in full force and effect. All electronic certificates must be submitted in a manner satisfactory to the Secretary of State. (b) Such certificate or certificates shall give the dates of issuance and expiration of such policy or policies and certify that the same shall not be canceled unless 15 days' prior electronic notice thereof be given to the Secretary of State and shall explicitly describe all motor vehicles covered thereby unless the policy or policies are issued to a person who is not the owner of a motor vehicle. (c) The Secretary of State shall not accept any certificate or certificates unless the same shall cover all motor vehicles then registered in this State in the name of the person furnishing such proof as owner and an additional certificate or certificates shall be required as a condition precedent to the subsequent registration of any motor vehicle or motor vehicles in the name of the person giving such proof as owner.(Source: P.A. 103-179, eff. 6-30-23; 103-605, eff. 7-1-24.) |
(625 ILCS 5/7-316) (from Ch. 95 1/2, par. 7-316)
Sec. 7-316. Certificate furnished by nonresident
as proof. Any nonresident owner of a motor vehicle
not registered in this State may give proof of financial responsibility
by filing with the Secretary of State a certificate or certificates of an
insurance carrier authorized to transact business in the state or province
of the Dominion of Canada in
which the motor vehicle or motor vehicles described in such certificate
are registered, or if such nonresident does
not own a motor vehicle then in the state or province of the Dominion of
Canada in which the insured resides, and otherwise conforming to the provisions
of this Code, and the Secretary of State shall accept the same
if such carrier shall:
1. Execute a power of attorney authorizing the | ||
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2. Duly adopt a resolution which shall be binding | ||
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3. Agree to accept as final and binding any final | ||
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(Source: P.A. 102-982, eff. 7-1-23.)
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(625 ILCS 5/7-316.1)
Sec. 7-316.1. Nonresidents and former residents; when proof not required. (a) Any nonresident or former Illinois resident who (i) has met all requirements for reinstatement of his or her driving or registration privileges under this Chapter except for filing proof of financial responsibility, (ii) resides outside of Illinois, and (iii) has applied for a driver's license in another state, shall be released from the requirement of showing proof of financial responsibility in this State if he or she presents to the Secretary of State, in a manner satisfactory to the Secretary, notice of his or her out-of-state residency. (b) Any nonresident or former Illinois resident whose driver's license was revoked and who (i) has met all requirements for applying for driving privileges except for filing proof of financial responsibility under this Chapter, (ii) resides outside of Illinois, and (iii) has applied for a driver's license in another state, shall be released from the requirement of showing proof of financial responsibility in this State if he or she presents to the Secretary of State, in a manner satisfactory to the Secretary, notice of his or her out-of-state residency. (b-5) Any nonresident or former Illinois resident who has submitted satisfactory documentation to the Secretary of State to be released of showing proof of financial responsibility in this State shall have his or her Illinois license cancelled 60 days after acceptance of notice of cancellation, as provided in Section 6-201 of this Code. (c) If a nonresident or former Illinois resident released from the requirement of showing proof of financial responsibility in this State under subsection (a) or subsection (b) of this Section moves or returns to this State within 3 years of the date of release, that person must present to the Secretary of State, in a manner satisfactory to the Secretary, proof of insurance coverage during the period in which the person lived outside of Illinois. A person who fails to present the required proof may not be issued a driver's license until he or she presents proof of financial responsibility that is satisfactory under this Chapter. The proof of financial responsibility required under this subsection (c) must be shown or maintained for the period of time required under this Chapter. (d) The Secretary shall adopt rules for implementing this Section.
(Source: P.A. 98-178, eff. 1-1-14.) |
(625 ILCS 5/7-317) (from Ch. 95 1/2, par. 7-317)
Sec. 7-317. "Motor vehicle liability policy" defined. (a)
Certification. -A "motor vehicle liability policy", as that term is
used in this Act, means an "owner's policy" or an "operator's policy" of
liability insurance, certified as provided in Section 7-315 or Section
7-316 as proof of financial responsibility for the future, and issued,
except as otherwise provided in Section 7-316, by an insurance carrier
duly authorized to transact business in this State, to or for the
benefit of the person named therein as insured.
(b) Owner's Policy. --Such owner's policy of liability insurance:
1. Shall designate by explicit description or by | ||
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2. Shall insure the person named therein and any | ||
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3. Shall insure every named insured and any other | ||
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(c) Operator's Policy. --When an operator's policy is required, it
shall insure the person named therein as insured against the liability
imposed by law upon the insured for bodily injury to or death of any
person or damage to property to the amounts and limits above set forth
and growing out of the use or operation by the insured within the
continental limits of the United States or the Dominion of Canada of any
motor vehicle not owned by him.
(d) Required Statements in Policies. --Every motor vehicle liability
policy must specify the name and address of the insured, the coverage
afforded by the policy, the premium charged therefor, the policy period,
and the limits of liability, and shall contain an agreement that the
insurance thereunder is provided in accordance with the coverage defined
in this Act, as respects bodily injury and death or property damage or
both, and is subject to all the provisions of this Act.
(e) Policy Need Not Insure Workers' Compensation. --Any liability
policy or policies issued hereunder need not cover any liability of the
insured assumed by or imposed upon the insured under any workers'
compensation law nor any liability for damage to property in charge of
the insured or the insured's employees.
(f) Provisions Incorporated in Policy. --Every motor vehicle
liability policy is subject to the following provisions which need not
be contained therein:
1. The liability of the insurance carrier under any | ||
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2. No such policy may be cancelled or annulled as | ||
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3. The insurance carrier shall, however, have the | ||
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4. The policy, the written application therefor, if | ||
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(g) Excess or Additional Coverage. --Any motor vehicle liability
policy may, however, grant any lawful coverage in excess of or in
addition to the coverage herein specified or contain any agreements,
provisions, or stipulations not in conflict with the provisions of this
Act and not otherwise contrary to law.
(h) Reimbursement Provision Permitted. --The policy may provide that
the insured, or any other person covered by the policy shall reimburse
the insurance carrier for payment made on account of any loss or damage
claim or suit involving a breach of the terms, provisions or conditions
of the policy; and further, if the policy shall provide for limits in
excess of the limits specified in this Act, the insurance carrier may
plead against any plaintiff, with respect to the amount of such excess
limits of liability, any defense which it may be entitled to plead
against the insured.
(i) Proration of Insurance Permitted. --The policy may provide for
the pro-rating of the insurance thereunder with other applicable valid
and collectible insurance.
(j) Binders. --Any binder pending the issuance of any policy, which
binder contains or by reference includes the provisions hereunder shall
be sufficient proof of ability to respond in damages.
(k) Copy of Policy to Be Filed with Department of
Insurance--Approval. --A copy of the form of every motor vehicle
liability policy which is to be used to meet the requirements of this
Act must be filed, by the company offering such policy, with the
Department of Insurance, which shall approve or disapprove the policy
within 30 days of its filing. If the Department approves the policy in
writing within such 30 day period or fails to take action for 30 days,
the form of policy shall be deemed approved as filed. If within the 30
days the Department disapproves the form of policy filed upon the ground
that it does not comply with the requirements of this Act, the
Department shall give written notice of its decision and its reasons
therefor to the carrier and the policy shall not be accepted as proof of
financial responsibility under this Act.
(l) Insurance Carrier Required to File Certificate. --An insurance
carrier who has issued a motor vehicle liability policy or policies or
an operator's policy meeting the requirements of this Act shall, upon
the request of the insured therein, deliver to the insured for filing,
or at the request of the insured, shall file direct, with the Secretary
of State a certificate, as required by this Act, which shows that such
policy or policies have been issued. No insurance carrier may require
the payment of any extra fee or surcharge, in addition to the insurance
premium, for the execution, delivery or filing of such certificate.
(m) Proof When Made By Endorsement. --Any motor vehicle liability
policy which by endorsement contains the provisions required hereunder
shall be sufficient proof of ability to respond in damages.
(Source: P.A. 102-982, eff. 7-1-23.)
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(625 ILCS 5/7-318) (from Ch. 95 1/2, par. 7-318)
Sec. 7-318. Notice of cancellation or termination of certified policy. When an insurance carrier has certified a motor vehicle liability policy
or policies under this Act, it shall notify the Secretary of State of any
cancellation by submitting an electronic notice at least 15 days prior to
cancellation of such policy and the policy shall continue in full force and
effect until the date of cancellation specified in such notice or until its
expiration, except that such a policy subsequently procured and certified
shall, on the effective date of its certification, terminate the insurance
previously certified with respect to any vehicle designated in both
certificates. All electronic certificates must be submitted in a manner satisfactory to the Secretary of State.
(Source: P.A. 103-179, eff. 6-30-23.)
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(625 ILCS 5/7-319) (from Ch. 95 1/2, par. 7-319)
Sec. 7-319.
This Act Not to Affect Other Policies.
Sections 7-301 through 7-329, each inclusive, of this Act shall not be
held to apply to or affect bonds or policies of automobile insurance
against liability which may now or hereafter be required by any other
provision of this Act and such bonds or policies, if endorsed to conform to
the requirements of this Act, shall be accepted as proof of financial
responsibility when required under this Act. This Act shall not be held to
apply to or affect policies insuring solely the insured named in the policy
against liability resulting from the maintenance, operation or use by
persons in the insured's employ or in his behalf of motor vehicles not
owned by the insured.
(Source: P.A. 76-1586.)
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(625 ILCS 5/7-320) (from Ch. 95 1/2, par. 7-320)
Sec. 7-320.
Bond as Proof.
A person required to give proof of financial responsibility may file
with the Secretary of State a bond, executed by the person giving such
proof and by a surety company, duly authorized to transact business within
the State; or by the person, giving such proof and by 2 individual
sureties, each owning real estate within this State and having an equity
therein in the amount of such bond, which real estate shall be scheduled
therein.
1. The Secretary of State shall not accept any such real estate bond
unless it is first approved by a judge of a court.
2. The Secretary of State shall not accept any such bond unless it is
conditioned for payment in amounts and under the same circumstances as
would be required in a motor vehicle liability policy furnished by the
person giving such proof under this Act.
3. No such bond shall be cancelled unless 10 days' prior written
notice is given to the Secretary of State, but cancellation of such bond
shall not prevent recovery thereon with respect to any right or cause of
action arising prior to the date of cancellation.
4. The principal and sureties of every such real estate bond shall
execute and deliver an original and one copy of the bond and schedule and
in addition, when the real property or any part thereof, listed or
described in the schedule, shall lie in more than one county, then as many
extra copies as there are counties in which the real property, or any part
thereof, shall lie, to the judge to whom such bond is presented for
approval, who shall, if he approved the bond, endorse upon the original
and each copy of the bond the date of the approval thereof; and the clerk
of the court shall immediately file one of the copies with the recorder
in each county in which is situated any of the non-registered real
property so scheduled.
5. If any of the lands so scheduled shall have been registered under "An
Act concerning land titles", approved May 1, 1897, as amended, the clerk
of the court in which the bond is approved shall immediately file with the
registrar of titles in and for each county in which any of the registered
land so scheduled is situated, a notice stating that such land has been so
scheduled, and the registrar shall thereupon enter a memorial of such fact
upon the record.
6. The clerk of the court in which the bond is approved shall endorse
upon the original of each such real estate bond approved the date upon
which he or she filed a copy of such bond with the recorder in each
county in which is situated any of the non-registered real property so
scheduled or the notice with the registrar of titles in and for each
county in which any of the registered land scheduled is situated and shall
deliver such original bond to the principal thereon.
(Source: P.A. 83-1362.)
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(625 ILCS 5/7-321) (from Ch. 95 1/2, par. 7-321)
Sec. 7-321.
When Bond Shall Constitute a Lien.
Such bond shall constitute a lien upon the unregistered real estate
so scheduled of any surety from the time when a copy of such bond is
filed in the office of the recorder in and for the county in
which such non-registered real property so scheduled is situated, and
such bond shall be a lien upon all registered real property listed or
described in the accompanying schedule from the time when notice, as
aforesaid, is filed in the office of the registrar of titles in and for
the county in which such registered real estate so scheduled is
situated. Such lien shall exist in favor of the People of the State of
Illinois for the use of any holder of a final judgment against the
principal on such bond upon a liability covered by the conditions of
such bond.
(Source: P.A. 83-358.)
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(625 ILCS 5/7-322) (from Ch. 95 1/2, par. 7-322)
Sec. 7-322.
Action on Bond.
If a judgment is rendered against the principal of any such surety or
real estate bond upon a liability covered by the conditions of such bond
and such judgment is not satisfied within thirty (30) days after it becomes
final, then the judgment creditor may, for his own use and benefit, and at
his sole expense, bring an action or actions in the name of the State
against the company or persons who executed such bond including an action
or proceeding to foreclose any lien that may exist upon the real estate of
a person who has executed such bond, which action shall be brought in like
manner and subject to all the provisions of law applicable to an action to
foreclose a mortgage upon real estate.
(Source: P.A. 76-1586.)
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(625 ILCS 5/7-323) (from Ch. 95 1/2, par. 7-323)
Sec. 7-323.
Money Or Securities As Proof.
A person may give proof of financial responsibility by delivering to the
Secretary of State a receipt of the State Treasurer showing the deposit
with said State Treasurer of money in amount or securities endorsed in
blank by the owner thereof and approved by said State Treasurer and of a
market value in a total amount as would be required for coverage in a motor
vehicle liability policy furnished by the person giving such proof under
this Act. Such securities shall be of the type which may legally be
purchased as investments of trust funds by trustees.
(Source: P.A. 76-1586.)
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(625 ILCS 5/7-324) (from Ch. 95 1/2, par. 7-324)
Sec. 7-324.
Application of Deposit.
All money or securities so deposited shall be subject to execution to
satisfy any judgment mentioned in this Act but shall not otherwise be
subject to attachment or execution. The State Treasurer shall not accept
any such deposit or issue a certificate therefor, and the Secretary of
State shall not accept such certificate unless accompanied by evidence that
there are no unsatisfied judgments against the depositor registered in the
county where the depositor resides.
(Source: P.A. 76-1586.)
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(625 ILCS 5/7-325) (from Ch. 95 1/2, par. 7-325)
Sec. 7-325.
Owner may give proof for others.
Whenever the Secretary of
State determines that any person required to give proof under this Article
by reason of a revocation is not the owner of a motor vehicle but
was, at the time of such conviction a driver in the employ of an owner of
a motor vehicle, or a member of the immediate family or household of the
owner of a motor vehicle, the Secretary of State shall accept proof of financial
responsibility given by such owner in lieu of proof given by such other
person so long as such other person is operating a motor vehicle for which
the owner has given proof as herein provided.
(Source: P.A. 83-831.)
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(625 ILCS 5/7-326) (from Ch. 95 1/2, par. 7-326)
Sec. 7-326.
Substitution of proof.
The Secretary of State shall cancel
any bond or return any certificate of insurance, or the Secretary of State
shall direct and the State Treasurer shall return any money or securities
to the person entitled thereto, upon the substitution and acceptance of
other adequate proof of financial responsibility pursuant to this Article.
(Source: P.A. 83-831.)
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(625 ILCS 5/7-327) (from Ch. 95 1/2, par. 7-327)
Sec. 7-327.
Other proof may be required.
Whenever any evidence of proof
of ability to respond in damages filed under the provisions of this Article
no longer fulfills the purpose for which
required, the Secretary of State shall, for the purposes of this Chapter,
require other evidence of ability to respond in damages as required
by this Article, and the driver's license, registration
certificates, license plates and registration stickers involved shall be
suspended by the Secretary of State pending such proof.
(Source: P.A. 83-831.)
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(625 ILCS 5/7-328) (from Ch. 95 1/2, par. 7-328)
Sec. 7-328. Duration of proof; when proof may be canceled or returned.
The Secretary of State shall upon request cancel any bond or return any
certificate of insurance, or the Secretary of State shall direct and the
State Treasurer shall return to the person entitled thereto any money or
securities, deposited pursuant to this Chapter as proof of financial
responsibility or waive the requirements of filing proof of financial
responsibility in any of the following events:
1. In the event of the death of the person on whose | ||
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2. In the event the person who has given proof of | ||
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3. In the event that proof of financial | ||
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(Source: P.A. 102-982, eff. 7-1-23; 103-154, eff. 6-30-23.)
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(625 ILCS 5/7-329) (from Ch. 95 1/2, par. 7-329)
Sec. 7-329. Proof of financial responsibility made voluntarily. 1. Proof of financial responsibility may be made voluntarily by or on behalf
of any person. The privilege of operation of any motor vehicle within this
State by such person shall not be suspended or withdrawn under the
provisions of this Article if such proof of financial responsibility
has been voluntarily filed or deposited prior to the offense or crash
out of which any conviction, judgment, or order arises and if such proof, at the
date of such conviction, judgment, or order, is valid and sufficient for
the requirements of this Code.
2. If the Secretary of State receives record of any conviction or
judgment against such person which, in the absence of such proof of
financial responsibility would have caused the suspension of the driver's
license of such person, the Secretary of State shall forthwith
notify the insurer or surety of such person of the conviction or judgment so reported.
(Source: P.A. 102-982, eff. 7-1-23; 103-154, eff. 6-30-23.)
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(625 ILCS 5/Ch. 7 Art. IV heading) ARTICLE IV.
VIOLATIONS OF PROVISIONS
OF FINANCIAL RESPONSIBILITY ACT
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(625 ILCS 5/7-401) (from Ch. 95 1/2, par. 7-401)
Sec. 7-401.
Transfer of registration to defeat purposes of act prohibited.
(a) If an owner's registration has been suspended hereunder, such
registration shall not be transferred nor the vehicle in respect to which
such registration was issued be registered in any other name until the
Secretary of State is satisfied that such transfer of registration is
proposed in good faith and not for the purpose or with the effect of
defeating the purposes of this act.
(b) Nothing in this section shall in any wise affect the rights of any
conditional vendor, chattel mortgagee or lessor of such a vehicle
registered in the name of another as owner who becomes subject to the
provisions of this act.
(c) The Secretary of State shall suspend the registration of any vehicle
transferred in violation of the provisions of this section.
(Source: P.A. 76-1586.)
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(625 ILCS 5/7-402) (from Ch. 95 1/2, par. 7-402)
Sec. 7-402. Surrender of license to drive and registration. Except as
otherwise provided in this Code or Article V of the Supreme Court Rules,
any person whose
license to drive has been suspended shall immediately
return to the Secretary of State any driver's license,
instruction permit,
restricted driving permit or other evidence of driving privileges held
by such person.
Any driving authorization document issued under Section 6-206.1 or
11-501.1 of this Code shall be returned to the issuing court for proper
processing. Any person whose vehicle registration has been suspended
shall, upon the request of the Secretary, immediately return to the
Secretary any license plates or other evidences of registration held by such
person.
The Secretary is authorized to take possession of any
license to drive, registration certificate, registration sticker or digital registration sticker, or license
plates or digital license plates
upon the suspension
thereof under the provisions of this Code or to direct any
law enforcement officer to
take possession thereof and to return the same to the Secretary.
Any person willfully failing to comply with this Section is guilty of a
Class A misdemeanor and shall be punished as provided in Section 9-110 of this
Code.
(Source: P.A. 101-395, eff. 8-16-19.)
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(625 ILCS 5/7-403) (from Ch. 95 1/2, par. 7-403)
Sec. 7-403.
Forged Proof.
Any person who shall forge, or, without authority, sign any evidence of
proof of financial responsibility for the future, or who files or offers
for filing any such evidence of proof knowing or having reason to believe
that it is forged or signed without authority, shall be guilty of a Class A
misdemeanor.
(Source: P.A. 77-2720.)
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(625 ILCS 5/Ch. 7 Art. V heading) ARTICLE V.
MISCELLANEOUS PROVISIONS
RELATING TO FINANCIAL RESPONSIBILITY
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(625 ILCS 5/7-501) (from Ch. 95 1/2, par. 7-501)
Sec. 7-501.
Assigned Risk Plans.
If, on or before January 1, 1946, every
insurance carrier authorized to write automobile bodily injury liability
insurance in this State shall not subscribe to an assigned risk plan approved
by the Director of Insurance, providing that no carrier may withdraw therefrom
after approval of the Director, the Director of Insurance shall, when he finds
that an application for bodily injury or property damage insurance by a risk,
which may become subject to this Act or is a local public entity subject to
the Local Governmental and Governmental Employees Tort Immunity Act, and
in good faith is entitled to such insurance, has been rejected by 3 insurance
carriers, designate an insurance carrier which shall be obligated to issue
forthwith its usual form of policy providing such insurance for such risk.
The Director shall make equitable distribution of such assignments among
insurance carriers proportionate, so far as practicable, by
premiums to the respective net direct automobile bodily injury premium
writings of the carriers authorized to do business in this State. The
Director of Insurance shall establish rules and regulations for the
administration of the provisions of this Section.
If any carrier refuses or neglects to comply with the provisions of
this Section or with any lawful order or ruling made by the Director of
Insurance pursuant to this Section, the Director may, after notice and
hearing, suspend the license of such carrier to transact any insurance
business in this State until such carrier shall have complied with such
order. The provisions of the Administrative Review Law, and all amendments
and modifications thereof, and the rules adopted pursuant thereto, shall apply
to and govern all proceedings for the judicial review of final administrative
decisions of the Director of Insurance hereunder.
(Source: P.A. 92-651, eff. 7-11-02.)
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(625 ILCS 5/7-502) (from Ch. 95 1/2, par. 7-502)
Sec. 7-502. Self-insurers. Any person in whose name more than 25 motor vehicles are registered may
qualify as a self-insurer by obtaining a certificate of self-insurance
issued by the Director of the Department of Insurance as provided in this Section.
The Director may, in his discretion, upon the application of
such a person, issue a certificate of self-insurance when he is satisfied
that such person is possessed and will continue to be possessed of ability
to pay judgment obtained against such person.
Upon not less than 5 days' notice, and a hearing pursuant to such
notice, the Director may upon reasonable grounds cancel a
certificate of self-insurance. Failure to pay any judgment against any
person covered by such certificate of self-insurance and arising out of any
crash in which a motor vehicle covered by such certificate of
self-insurance has been involved within 30 days after such judgment shall
have become final shall constitute a reasonable ground for the cancellation
of a certificate of self-insurance.
(Source: P.A. 102-982, eff. 7-1-23.)
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(625 ILCS 5/7-503) (from Ch. 95 1/2, par. 7-503) Sec. 7-503. Unclaimed Security Deposits. During July, annually, the Secretary shall compile a list of all securities on deposit, pursuant to this Article, for one year since the expiration of the applicable statute of limitations and concerning which he has received no notice as to the pendency of any judicial proceeding that could affect the disposition thereof. Thereupon, he shall promptly send a notice to the last known address of each depositor advising him that his deposit will be subject to escheat to the State of Illinois if not claimed within 30 days after the mailing date of such notice. At the expiration of such time, the Secretary of State shall file with the State Treasurer an order directing the transfer of such deposit to the general revenue fund in the State Treasury. Upon receipt of such order, the State Treasurer shall make such transfer, after converting to cash any other type of security. Thereafter any person having a legal claim against such deposit may enforce it by appropriate proceedings in the Court of Claims subject to the limitations prescribed for such Court. At the expiration of such limitation period such deposit shall escheat to the State of Illinois.(Source: P.A. 104-260, eff. 8-15-25.) |
(625 ILCS 5/7-504)
Sec. 7-504. Emergency telephone system outages; reimbursement. Any person
who negligently causes a motor vehicle crash that causes an emergency
telephone system outage must reimburse the public safety agency that provides
personnel to answer calls or to maintain or operate an emergency telephone
system during the outage for the agency's costs associated with answering calls
or maintaining or operating the system during the outage. For the purposes of
this Section, "public safety agency" means the same as in Section 2.02 of the
Emergency Telephone System Act.
(Source: P.A. 102-982, eff. 7-1-23.)
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(625 ILCS 5/Ch. 7 Art. VI heading) ARTICLE VI.
MANDATORY INSURANCE
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(625 ILCS 5/7-601) (from Ch. 95 1/2, par. 7-601)
Sec. 7-601. Required liability insurance policy.
(a) No person shall operate, register or maintain registration of, and no
owner shall permit another person to operate, register or maintain registration
of, a motor vehicle designed to be used on a public highway in this State unless the motor
vehicle is covered by a liability insurance policy.
The insurance policy shall be issued in amounts no less than the minimum
amounts set for bodily injury or death and for destruction of property under
Section 7-203 of this Code, and shall be issued in accordance with the
requirements of Sections 143a and 143a-2 of the Illinois Insurance Code, as
amended. No insurer other than an insurer authorized to do business in this
State shall issue a policy pursuant to this Section for any vehicle subject to
registration under this Code. Nothing herein shall deprive an insurer of any
policy defense available at common law.
(b) The following vehicles are exempt from the requirements of this Section:
(1) vehicles subject to the provisions of Chapters 8 | ||
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(2) vehicles required to file proof of liability | ||
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(3) vehicles covered by a certificate of | ||
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(4) vehicles owned by the United States, the State of | ||
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(5) implements of husbandry;
(6) other vehicles complying with laws which require | ||
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(7) inoperable or stored vehicles that are not | ||
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(c) Every employee of a State agency, as that term is defined in the
Illinois State Auditing Act,
who is assigned a
specific vehicle owned or leased by the State on an ongoing basis shall provide
the certification described in this Section annually to the director or chief
executive officer of his or her agency.
The certification shall affirm that the employee is duly licensed to
drive the assigned vehicle and that (i) the employee has liability insurance
coverage extending to the employee when the assigned vehicle is used for other
than official State business, or (ii) the employee has filed
a bond with the Secretary of State as proof of financial responsibility, in an
amount equal to, or in excess of the requirements stated within this Section.
Upon request of the agency director or chief executive officer, the employee
shall present evidence to
support
the certification.
The certification shall be provided during the period July 1 through July
31 of each calendar year, or within 30 days of any new assignment of a vehicle
on
an ongoing basis, whichever is later.
The employee's authorization to use the assigned vehicle shall
automatically
be rescinded upon:
(1) the revocation or suspension of the license | ||
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(2) the cancellation or termination for any reason of | ||
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(3) the termination of the bond filed with the | ||
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All State employees providing the required certification shall immediately
notify the agency director or chief executive officer in the event any of these
actions occur.
All peace
officers employed by a State agency who are primarily responsible for
prevention and detection of crime and the enforcement of the criminal, traffic,
or
highway laws of this State, and prohibited by agency rule or policy to use an
assigned vehicle owned or leased by the State for regular personal or off-duty
use, are exempt from the requirements of this Section.
(d) No person shall operate a motor vehicle registered in another state upon the highways of this State unless the vehicle is covered by a liability insurance policy. The operator of the vehicle shall carry within the vehicle evidence of the insurance.(Source: P.A. 100-202, eff. 1-1-18; 100-828, eff. 1-1-19.)
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(625 ILCS 5/7-602) (from Ch. 95 1/2, par. 7-602)
Sec. 7-602. Insurance card. Every operator of a motor vehicle subject
to Section 7-601 of this Code shall carry within the vehicle evidence of
insurance. The evidence shall be legible and sufficient to demonstrate
that the motor vehicle currently is covered by a liability insurance policy
as required under Section 7-601 of this Code and may include, but is not
limited to, the following:
(a) an insurance card provided by the insurer under | ||
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(b) the combination of proof of purchase of the motor | ||
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(c) the current declarations page of a liability | ||
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(d) a liability insurance binder, certificate of | ||
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(e) a current rental agreement;
(f) registration plates or digital registration | ||
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(g) a certificate, decal, or other document or device | ||
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(h) the display of electronic images on a cellular | ||
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An insurance card shall be provided for each motor
vehicle insured by the insurer issuing the liability insurance policy and may be issued in either paper or electronic format. Acceptable electronic formats shall permit display on a cellular phone or other portable electronic device and satisfy all other requirements of law and rule, including this Section, regarding form and content.
The form, contents and manner of issuance of the insurance card shall be
prescribed by rules and regulations of the Secretary of State. The Secretary shall adopt rules requiring that reasonable measures be taken to prevent the fraudulent production of insurance cards. The
insurance card shall display an effective date and an expiration date
covering a period of time not to exceed 12 months. The insurance card
shall contain the following disclaimer: "Examine policy exclusions
carefully. This form does not constitute any part of your insurance policy."
If the insurance policy represented by the insurance card does
not cover any driver operating the motor vehicle with the owner's
permission, or the owner when operating a motor vehicle other than the
vehicle for which the policy is issued, the insurance card shall
contain a warning of such limitations in the coverage provided by the
policy.
No insurer shall issue a card, similar in appearance, form and content
to the insurance card required under this Section, in connection with an
insurance policy that does not provide the liability insurance coverage
required under Section 7-601 of this Code.
The evidence of insurance shall be displayed upon request made by any law
enforcement officer wearing a uniform or displaying a badge or other sign
of authority. Any person who fails or refuses to comply with such request
is in violation of Section 3-707 of this Code. Any person who displays
evidence of insurance, knowing there is no valid liability insurance in
effect on the motor vehicle as required under Section 7-601 of this Code or
knowing the evidence of insurance is illegally altered, counterfeit or
otherwise invalid, is in violation of Section 3-710 of this Code.
"Display" means the manual surrender of the evidence of insurance into
the hands of the law enforcement officer, court, or officer of the court
making the request for the
officer's, court's, or officer of the court's inspection thereof.
(Source: P.A. 101-395, eff. 8-16-19.)
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(625 ILCS 5/7-603) (from Ch. 95 1/2, par. 7-603)
Sec. 7-603.
Illegal insurance cards - penalty.
No person shall alter
an invalid insurance card to make it appear valid. No person knowingly
shall make, sell or otherwise make available an invalid or counterfeit insurance card.
Any person convicted of a violation of this Section is guilty of a Class
4 felony.
(Source: P.A. 85-1201.)
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(625 ILCS 5/7-603.5) Sec. 7-603.5. Electronic verification of a liability insurance policy. (a) The Secretary may implement a program of electronic motor vehicle liability insurance policy verification for motor vehicles subject to Section 7-601 of this Code for the purpose of verifying whether or not the motor vehicle is insured. The development and implementation of the program shall be consistent with the standards and procedures of a nationwide organization whose primary membership consists of individual insurance companies and insurance trade associations. The program shall include, but is not limited to: (1) a requirement that an insurance company | ||
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(A) the name of the policy holder; (B) the make, model, year, and vehicle | ||
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(C) the policy number; (D) the policy effective date; (E) the insurance company's National Association | ||
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(F) any other information the Secretary deems | ||
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(2) a method for searching motor vehicle liability | ||
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(3) a requirement that at least twice per calendar | ||
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(4) a requirement that a vehicle owner who does not | ||
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(5) a requirement that if a vehicle owner provides | ||
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(6) a requirement that the Secretary may consult with | ||
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(7) a requirement that commercial lines of automobile | ||
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(b) In addition to the semi-annual verification of liability insurance under subsection (a) of this Section, the Secretary may select monthly verification for a motor vehicle owned or registered by a person: (1) whose motor vehicle registration during the | ||
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(2) who, during the preceding 4 years, has been | ||
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(3) whose driving privileges have been suspended | ||
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(4) who, during the preceding 4 years, acquired | ||
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(5) who, during the preceding 4 years, has received a | ||
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(c) Nothing in this Section provides the Secretary with regulatory authority over insurance companies. (d) The Secretary may contract with a private contractor to carry out the Secretary's duties under this Section. (e) Any information collected, stored, maintained, or referred to under this Section shall be used solely for the purpose of verifying whether a registered motor vehicle meets the requirements of Section 7-601 of this Code and shall be exempt from a records request or from inspection and copying under the Freedom of Information Act. A request for release of verification of liability insurance policy information from the Secretary shall require a court order, subpoena, or the motor vehicle owner's approval. (f) An insurer identified by an electronic motor vehicle liability insurance policy program as insuring less than 1,000 vehicles per year shall be exempt from the reporting requirements under subsection (a) of this Section. (g) The Secretary may adopt any rules necessary to implement this Section.(Source: P.A. 104-105, eff. 8-1-25.) |
(625 ILCS 5/7-604) (from Ch. 95 1/2, par. 7-604)
Sec. 7-604. Verification of liability insurance policy.
(a) The Secretary of State may select random samples
of registrations of motor vehicles subject to Section 7-601 of this Code,
or owners thereof, for the purpose of verifying whether or not the motor
vehicles are insured.
In addition to such general random samples of motor vehicle
registrations, the Secretary may select for
verification other random samples, including, but not limited to
registrations of motor vehicles owned by persons:
(1) whose motor vehicle registrations during the | ||
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(2) who during the preceding 4 years have been | ||
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(3) whose driving privileges have been suspended | ||
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(4) who during the preceding 4 years acquired | ||
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(5) who during the preceding 4 years have received a | ||
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(b) Upon receiving certification from the Department of Transportation
under Section 7-201.2 of this Code of the name of an owner or operator of any
motor vehicle involved in a crash, the Secretary may verify whether or
not at the time of the crash such motor vehicle was covered by a
liability insurance policy in accordance with Section 7-601 of this Code.
(c) In preparation for selection of random samples and their
verification, the Secretary may send to owners of randomly selected motor
vehicles, or to randomly selected motor vehicle owners, requests for
information about their motor vehicles and liability
insurance coverage electronically or, if electronic means are unavailable, via U.S. mail. The request shall require the owner to state whether
or not the motor vehicle was insured on the verification date stated in the
Secretary's request and the request may require, but is not limited to,
a statement by the owner of the names and addresses of insurers, policy
numbers, and expiration dates of insurance coverage.
(d) Within 30 days after the Secretary sends a request under subsection (c) of this Section, the owner to
whom it is sent shall furnish the requested information to the Secretary
above the owner's signed affirmation that such information is true and
correct. Proof of insurance in effect on the verification date, as
prescribed by the Secretary, may be considered by the Secretary to be a
satisfactory response to the request for information.
Any owner whose response indicates that his or her vehicle was
not covered by a liability insurance policy in accordance with
Section 7-601 of this Code shall be deemed to have registered or maintained
registration of a motor vehicle in violation of that Section. Any owner who
fails to respond to such a request shall be deemed to have registered or
maintained registration of a motor vehicle in violation of Section
7-601 of this Code.
(e) If the owner responds to the request for information by asserting
that his or her vehicle was covered by a liability insurance policy on the
verification date stated in the Secretary's request, the Secretary may
conduct a verification of the response by furnishing necessary information
to the insurer named in the response. The insurer shall within
45 days
inform the Secretary whether or not on the verification date stated the
motor vehicle was insured by the insurer in accordance with Section 7-601
of this Code. The Secretary may by rule and regulation prescribe the
procedures for verification.
(f) No random sample selected under this Section shall be categorized on
the basis of race, color, religion, sex, national origin, ancestry, age,
marital status, physical or mental disability, economic status,
or geography.
(g) (Blank). (h) This Section shall be inoperative upon the effective date of the rules adopted by the Secretary to implement Section 7-603.5 of this Code.(Source: P.A. 102-982, eff. 7-1-23.)
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(625 ILCS 5/7-605) (from Ch. 95 1/2, par. 7-605) Sec. 7-605. Uninsured motor vehicles - notice. If the Secretary determines that an owner has registered or maintained the registration of a motor vehicle without a liability insurance policy in accordance with Section 7-601 of this Code, the Secretary shall notify the owner that such owner's vehicle registration shall be suspended 30 days after the date of the mailing of the notice unless the owner furnishes proof of insurance in effect on the verification date, as prescribed by the Secretary, or provides an exemption from the mandatory insurance requirements as specified under subsection (b) of Section 7-601. Notwithstanding any provision of law to the contrary, the giving of notice by mail under this Section or Section 7-603.5 shall be deemed complete upon the deposit of that notice in the mail and the 30-day notice period shall begin upon deposit.(Source: P.A. 104-105, eff. 8-1-25.) |
(625 ILCS 5/7-606) (from Ch. 95 1/2, par. 7-606)
Sec. 7-606. Uninsured motor vehicles - suspension and reinstatement.
The Secretary shall suspend the vehicle registration of
any motor vehicle determined by the Secretary to be in
violation of Section 7-601 of this Code, including any motor
vehicle operated in violation of Section
3-707, 3-708 or 3-710 of this Code by an operator other than the
owner of the vehicle. Neither the fact that,
subsequent to the date of verification or conviction, the owner acquired
the required liability insurance policy nor the fact that the owner
terminated ownership of the motor vehicle shall have any
bearing upon the Secretary's decision to suspend.
The Secretary is authorized to suspend the registration of any motor
vehicle registered in this State upon receiving notice of the conviction of
the operator of the motor vehicle in another State of an offense which, if
committed in this State, would constitute a violation of Section 7-601 of this Code.
Until it is terminated, the suspension shall remain in force after the
registration is renewed or a new registration is acquired for the motor
vehicle. The suspension also shall apply to any motor
vehicle to which the owner transfers the registration.
In the case of a first violation, the Secretary shall terminate the
suspension upon payment
by the owner of a reinstatement fee of $100 and submission of proof
of
insurance as prescribed by the Secretary.
In the case of a second or subsequent violation by a person having
ownership interest in a motor vehicle or vehicles within
the preceding 4 years, or a violation of Section 3-708 of this Code, the
Secretary shall terminate the suspension 4 months after its effective date
upon payment by the owner of a reinstatement fee of $100 and submission of
proof of insurance as prescribed by the Secretary.
All fees collected under this Section shall be disbursed under subsection (g) of Section 2-119 of this Code.
(Source: P.A. 99-127, eff. 1-1-16.)
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(625 ILCS 5/7-607) (from Ch. 95 1/2, par. 7-607)
Sec. 7-607. Submission of false proof - penalty. If the Secretary
determines that the proof of insurance submitted by a motor vehicle owner
under Section 7-603.5, 7-604, 7-605 or 7-606 of this Code is false, the
Secretary shall suspend the owner's vehicle registration. The Secretary
shall terminate the suspension 6 months after its effective date upon
payment by the owner of a reinstatement fee of $200 and submission of proof
of insurance as prescribed by the Secretary.
All fees collected under this Section shall be disbursed under subsection (g) of Section 2-119 of this Code.
(Source: P.A. 99-127, eff. 1-1-16; 100-373, eff. 1-1-18.)
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(625 ILCS 5/7-608) (from Ch. 95 1/2, par. 7-608)
Sec. 7-608.
Verification-limitation.
No verification procedure
established under this Code shall include individual inspections of
vehicles on a highway solely for the purpose of verifying the existence of
an insurance policy. No law enforcement officer shall stop a vehicle
solely for the purpose of verifying the existence of a valid insurance policy.
(Source: P.A. 86-149.)
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(625 ILCS 5/7-609) (from Ch. 95 1/2, par. 7-609)
Sec. 7-609.
Exemption for certain religious organizations.
(a) Pursuant
to the following minimum criteria, the Secretary may exempt from the
provisions of Section 7-601 of this Code motor vehicles owned by a
religious organization or its members:
(1) The religious organization and its members hold a bona fide conviction that the
acquisition of insurance is contrary to their religious beliefs.
(2) The religious organization and its members submit to the Secretary
evidence that historically, over a period of time not less than two years,
they have paid or, by agreement with the other party or parties involved,
are paying in a timely manner for all damages for which they were or are liable.
(3) The religious organization has filed with the Secretary a current,
irrevocable letter of credit, valid for a period of 12 months and issued in
accordance with this Section and Article 5 of the Uniform Commercial Code,
approved July 31, 1961, as amended, by a financial institution chartered by
an agency of State or federal government. The Secretary of State by rule
and regulation shall establish the minimum amount of credit required.
(4) The religious organization and its members meet other requirement
which the Secretary by rule and regulation may prescribe.
(b) Upon accepting a letter of credit from a religious organization, the
Secretary shall issue a certificate of exemption for each motor vehicle
covered. The certificate of exemption shall serve as evidence of insurance
in accordance with Section 7-602 of this Code.
Not less than 30 days before a current letter of credit expires, or by
agreement between the issuer and customer is revoked, the religious
organization shall file with the Secretary a new letter of credit. If a new
letter of credit is not on file with the Secretary at the time the current
letter of credit expires or is revoked, the exemption of the religious
organization and its members shall expire and their certificates of
exemption shall become invalid.
(c) If credit is used to the extent that the remaining amount of credit
does not meet the minimum requirements of this Section, and the issuer
declines to reinstate the used portion of the credit or issue a new letter
of credit, the issuer immediately shall send written notice to the customer
and the Secretary that the current letter of credit on file with the
Secretary no longer meets the minimum requirements of the law.
If, within 30 days of receiving the notice, the Secretary has not
received and accepted a new letter of credit from the customer, the
exemption of that religious organization and its members shall expire and
their certificates of exemption shall become invalid.
(d) Upon the request of the plaintiff, if a person, known by the court
to be covered by a current letter of credit issued pursuant to this
Section fails to pay a judgment for damages within 30 days after the
judgment has become final, the clerk of the court within 10 days shall
forward to the Secretary a report of the person's failure to pay. The
report shall indicate that the person is covered by a letter of credit and,
if known by the court, the names of the issuer and the customer.
Upon receiving the report from the court, the Secretary shall notify the
religious organization that, unless the payment is made, 30 days after the
date of the mailing of the notice the exemption of the religious
organization and its members shall be terminated and their certificates of
exemption shall become invalid. If within the 30 days the religious
organization does not submit evidence that the payment has been made, or
furnish valid reasons why the payment has been delayed or not made, the
Secretary shall terminate the exemptions.
(e) The Secretary is authorized to promulgate rules and regulations
necessary for the administration of the provisions of this Section.
(Source: P.A. 86-149.)
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(625 ILCS 5/7-610) (from Ch. 95 1/2, par. 7-610)
Sec. 7-610.
Immunity.
No state or local governmental unit and no
government official or employee acting in the course of his or her official
duties in the administration or enforcement of Section 7-601 and related
provisions of this Code shall be liable for any damages, brought directly
or indirectly by the injured party or a third party, except for damages
resulting from willful and wanton misconduct or gross negligence on the
part of the governmental unit, official or employee.
(Source: P.A. 86-149.)
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(625 ILCS 5/7-611) (from Ch. 95 1/2, par. 7-611) Sec. 7-611. (Repealed).(Source: Repealed by P.A. 88-315.) |
(625 ILCS 5/Ch. 7 Art. VII heading) ARTICLE VII.
FAMILY FINANCIAL RESPONSIBILITY LAW
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(625 ILCS 5/7-701)
Sec. 7-701. Findings and purpose. The General Assembly finds that
the timely receipt of adequate financial support has the effect of reducing
poverty and State expenditures for welfare dependency among children, and that
the timely payment of adequate child support demonstrates financial
responsibility. Further, the General Assembly finds that the State has a
compelling interest in ensuring that drivers within the State demonstrate
financial responsibility, including family financial responsibility, in order
to safely own and operate a motor vehicle. Further, the General Assembly finds that the State has a compelling interest in ensuring that those individuals with responsibilities involving minor children pursuant to visitation orders demonstrate responsibility, including family responsibility, in order to safely own and operate a motor vehicle, especially when transporting a minor child who is the subject of a visitation order. To this end, the
Secretary of State
is authorized to establish systems to suspend
driver's licenses for failure to
comply with court and administrative orders of support.
(Source: P.A. 97-1047, eff. 8-21-12.)
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(625 ILCS 5/7-702)
Sec. 7-702. Suspension of driver's license for failure to comply with order to
pay
support or to comply with a visitation order. (a) The Secretary of State shall suspend the driver's license
issued to an obligor upon receiving an authenticated report
provided for in subsection (a) of Section 7-703, that the person is 90
days or more delinquent in court ordered child
support payments or has been adjudicated in arrears in an amount
equal to 90 days obligation or more, and has been found in contempt by
the court for failure to pay the support.
(b) The Secretary of State shall suspend the driver's license issued to an
obligor upon receiving an authenticated document provided for in subsection (b)
of Section 7-703, that the person has been adjudicated in arrears in court
ordered child support payments in an amount equal to 90 days obligation or
more,
but has not been held in contempt of court, and that the court has ordered that
the person's driving privileges be suspended. The obligor's driver's license
shall be suspended until such time as the Secretary of State receives
authenticated documentation that the obligor is in compliance with the court
order of support. When the obligor complies with the court ordered child
support
payments, the circuit court shall report the obligor's compliance with the
court order of support to the Secretary of State, on a form prescribed by the
Secretary of State, and shall order that the obligor's driver's license be
reinstated.
(c) The Secretary of State shall suspend a driver's license upon certification by the Illinois Department of Healthcare and Family Services, in a manner and form prescribed by the Illinois Secretary of State, that the person licensed is 90 days or more delinquent in payment of support under an order of support issued by a court or administrative body of this or any other State. The Secretary of State may reinstate the person's driver's license if notified by the Department of Healthcare and Family Services that the person has paid the support delinquency in full or has arranged for payment of the delinquency and current support obligation in a manner satisfactory to the Department of Healthcare and Family Services.
(d) The Secretary of State shall suspend the driver's license issued to a person upon receiving an authenticated document provided for in Section 7-703 that the person has been adjudicated as having engaged in visitation abuse and that the court has ordered that the person's driving privileges be suspended. The person's driver's license shall be suspended until such time as the Secretary of State receives authenticated documentation that the court has determined that there has been sufficient compliance for a sufficient period of time with the court's order concerning visitation and that full driving privileges shall be reinstated. When the court order in which the court has determined that there has been sufficient compliance for a sufficient period of time with the court's order concerning visitation and that full driving privileges shall be reinstated, the circuit court shall report that order concerning visitation to the Secretary of State, on a form prescribed by the Secretary of State, and shall order that the person's driver's license be reinstated. (Source: P.A. 97-1047, eff. 8-21-12.)
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(625 ILCS 5/7-702.1) Sec. 7-702.1. Family financial responsibility driving permits. (a) Following
the entry of an order that an obligor has been found in contempt by the court for failure to pay court ordered child
support payments or upon a motion by the obligor who is subject to having his
or her
driver's license suspended pursuant to subsection (b) of Section 7-703, the
court may enter an order directing the
Secretary of State to issue a family financial responsibility
driving permit for the purpose of providing the obligor the
privilege of operating a motor vehicle between the obligor's
residence and place of employment, or within the scope of
employment related duties; or for the purpose of providing
transportation for the obligor or a household member to receive
alcohol treatment, other drug treatment, or medical care. If the obligor is unemployed, the court may issue the order for the purpose of seeking employment, which may be subject to the requirements set forth in subsection (a) of Section 505.1 of the Illinois Marriage and Dissolution of Marriage Act. Except upon a showing of good cause, any permit issued for the purpose of seeking employment shall be limited to Monday through Friday between the hours of 8 a.m. and 12 p.m. The
court may enter an order directing the issuance of a permit only if
the obligor has proven to the satisfaction of the court that no
alternative means of transportation are reasonably available for
the above stated purposes. No permit shall be issued to a person under the
age of 16 years who possesses an instruction permit. Upon entry of an order granting the issuance of a permit to an
obligor, the court shall report this finding to the Secretary of
State on a form prescribed by the Secretary. This form shall state
whether the permit has been granted for employment or medical
purposes and the specific days and hours for which limited driving
privileges have been granted. (a-1) Following the entry of an order that a person has been found in contempt by the court for failure to follow a visitation order, the court may enter an order directing the Secretary of State to issue a family responsibility driving permit for the purpose of providing the person the privilege of operating a motor vehicle between the person's residence and place of employment or within the scope of employment related duties, or for the purpose of providing transportation for the person or a household member to receive alcohol treatment, other drug treatment, or medical care. If the person is unemployed, the court may issue the order for the purpose of seeking employment, which may be subject to the requirements set forth in subsection (a) of Section 505.1 of the Illinois Marriage and Dissolution of Marriage Act. Except upon a showing of good cause, any permit issued for the purpose of seeking employment shall be limited to Monday through Friday between the hours of 8 a.m. and 12 p.m. The court may enter an order directing the issuance of a permit only if the person has proven to the satisfaction of the court that no alternative means of transportation are reasonably available for the above stated purposes. No permit shall be issued to a person under the age of 16 years who possesses an instruction permit. Upon entry of an order granting the issuance of a permit to a person, the court shall report this finding to the Secretary of State on a form prescribed by the Secretary. This form shall state whether the permit has been granted for employment or medical purposes and the specific days and hours for which limited driving privileges have been granted. (a-2) The family financial responsibility driving permit shall be subject
to cancellation, invalidation, suspension, and revocation by the
Secretary of State in the same manner and for the same reasons as
a driver's license may be cancelled, invalidated, suspended, or
revoked. The Secretary of State shall, upon receipt of a certified court
order from the court of jurisdiction, issue a family financial
responsibility driving permit. In order for this permit to be
issued, an individual's driving privileges must be valid except for
the family financial responsibility suspension or the family responsibility suspension. This permit shall
be valid only for employment and medical purposes as set forth
above. The permit shall state the days and hours for which limited
driving privileges have been granted. Any submitted court order that contains insufficient data or fails
to comply with any provision of this Code shall not
be used for issuance of the permit or entered to the individual's
driving record but shall be returned to the court of jurisdiction
indicating why the permit cannot be issued at that time. The
Secretary of State shall also send notice of the return of the
court order to the individual requesting the permit. (b) Following certification of delinquency pursuant to subsection (c) of Section 7-702 of this Code, and upon petition by the obligor whose driver's license has been suspended under that subsection, the Department of Healthcare and Family Services may direct the Secretary of State to issue a family financial responsibility driving permit for the purpose of providing the obligor the privilege of operating a motor vehicle between the obligor's residence and place of employment, or within the scope of employment related duties, or for the purpose of providing transportation for the obligor or a household member to receive alcohol treatment, other drug treatment, or medical care. If the obligor is unemployed, the Department of Healthcare and Family Services may direct the issuance of the permit for the purpose of seeking employment, which may be subject to the requirements set forth in subsection (a) of Section 505.1 of the Illinois Marriage and Dissolution of Marriage Act. Except upon a showing of good cause, any permit issued for the purpose of seeking employment shall be limited to Monday through Friday between the hours of 8 a.m. and 12 p.m. The Department of Healthcare and Family Services may direct the issuance of a permit only if the obligor has proven to the Department's satisfaction that no alternative means of transportation is reasonably available for the above stated purposes. The Department of Healthcare and Family Services shall report to the Secretary of State the finding granting a permit on a form prescribed by the
Secretary of State. The form shall state the purpose for which the permit has been granted, the specific days and hours for which limited driving privileges are allowed, and the duration of the permit. The family financial responsibility driving permit shall be subject to cancellation, invalidation, suspension, and
revocation by the Secretary of State in the same manner and for the same reasons as a driver's license may be cancelled, invalidated, suspended, or revoked. As directed by the Department of Healthcare and Family Services, the Secretary of State shall issue a family financial responsibility driving permit, but only if the obligor's driving privileges are valid except for the family financial responsibility suspension. The permit shall state the purpose or purposes for which it was granted under this subsection, the specific days and hours for which limited driving privileges are allowed, and the duration of the permit. If the Department of Healthcare and Family Services directive to issue a family financial responsibility driving permit contains insufficient data or fails to comply with any provision of this Code, a permit shall not be issued and the directive shall be returned to the Department of Healthcare and Family Services. The Secretary of State shall also send notice of the return of the
Department's directive to the obligor requesting the permit. (c) In accordance with 49 C.F.R. Part 384, the Secretary of State may not issue a family financial
responsibility driving permit to any person for the operation of a commercial motor vehicle if the person's driving privileges have been suspended under any provisions of this Code. (Source: P.A. 96-1284, eff. 1-1-11; 97-1047, eff. 8-21-12.) |
(625 ILCS 5/7-702.2)
Sec. 7-702.2.
Written agreement to pay past-due support.
(a) An obligor who is presently unable to pay all past-due support and is
subject to having his or her license suspended pursuant to subsection (b) of
Section 7-703 may
come
into
compliance with the court order for support by executing a written payment
agreement
that is approved by the court and by complying with that agreement. A
condition
of a written payment agreement must be that the obligor pay the current child
support
when due. Before a written payment agreement is executed, the obligor shall:
(1) Disclose fully to the court in writing, on a form | ||
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(2) Provide documentation to the court concerning the | ||
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(b) After full disclosure, the court may determine the
obligor's
ability to pay past-due support and may approve a written
payment
agreement consistent with the obligor's ability to pay, not to exceed the
court-ordered
support.
(Source: P.A. 91-613, eff. 7-1-00.)
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(625 ILCS 5/7-703)
Sec. 7-703. Courts to report non-payment of court ordered support or orders concerning driving privileges.
(a) The
clerk of the circuit court, as provided in subsection (b) of Section 505 of the
Illinois Marriage and Dissolution of Marriage Act or as provided in Section 15
of the Illinois Parentage Act of 2015, shall forward to the Secretary of
State, on a form prescribed by the Secretary, an authenticated document
certifying the court's order suspending the driving privileges of the obligor.
For any such certification, the clerk of the court shall charge the obligor a
fee of $5 as provided in the Clerks of Courts Act.
(b) If an obligor has been adjudicated in arrears in court ordered child
support payments in an amount equal to 90 days obligation or more but has not
been held in contempt of court, the circuit court may order that the obligor's
driving privileges be suspended. If the circuit court orders that the
obligor's driving privileges be suspended, it shall forward to the Secretary of
State, on a form prescribed by the Secretary, an authenticated document
certifying the court's order suspending the driving privileges of the obligor.
The authenticated document shall
be forwarded to the Secretary of State by the court no later than 45 days after
entry of the order suspending the obligor's driving privileges.
(c) The clerk of the circuit court, as provided in subsection (c-1) of Section 607.1 of the Illinois Marriage and Dissolution of Marriage Act, shall forward to the Secretary of State, on a form prescribed by the Secretary, an authenticated document certifying the court's order suspending the driving privileges of the party. For any such certification, the clerk of the court shall charge the party a fee of $5 as provided in the Clerks of Courts Act. (d) If a party has been adjudicated to have engaged in visitation abuse, the circuit court may order that the party's driving privileges be suspended. If the circuit court orders that the party's driving privileges be suspended, it shall forward to the Secretary of State, on a form prescribed by the Secretary, an authenticated document certifying the court's order suspending the driving privileges of the party. The authenticated document shall be forwarded to the Secretary of State by the court no later than 45 days after entry of the order suspending the party's driving privileges.(Source: P.A. 99-85, eff. 1-1-16.)
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(625 ILCS 5/7-704)
Sec. 7-704. Suspension to continue until compliance with court
order of support. (a) The suspension of a driver's license shall remain in
effect unless and until the Secretary of State receives
authenticated documentation that the obligor is in compliance with
a court order of support or that the order has
been stayed by a subsequent order of the court.
Full driving privileges shall not be issued by the Secretary
of State until notification of compliance has been received from
the court. The circuit clerks shall report the obligor's compliance
with a court order of support to the Secretary of
State, on a form prescribed by the Secretary.
(a-1) The suspension of a driver's license shall remain in effect unless and until the Secretary of State receives authenticated documentation as to the person who violated a visitation order that the court has determined that there has been sufficient compliance for a sufficient period of time with the court's order concerning visitation and that full driving privileges shall be reinstated or that the order has been stayed by a subsequent order of the court. Full driving privileges shall not be issued by the Secretary of State until notification has been received from the court. The circuit clerk shall report any court order in which the court determined that there has been sufficient compliance for a sufficient period of time with the court's order concerning visitation and that full driving privileges shall be reinstated to the Secretary of State on a form prescribed by the Secretary. (b) Whenever, after one suspension of an individual's driver's
license for failure to pay child support, another order of
non-payment is entered against the obligor and the person fails to
come into compliance with the court order of
support, then the Secretary shall again suspend the driver's
license of the individual and that suspension shall not be removed
unless the obligor is in full compliance with the court order of support and
has made full payment on all arrearages or has arranged for payment of the arrearages and current support obligation in a manner satisfactory to the court. The provision in this Section regarding the compliance necessary to remove an active suspension applies equally to all individuals who have had a driver's license suspended due to non-payment of child support, regardless of whether that suspension occurred before or after the effective date of this amendatory Act of the 101st General Assembly.
(b-1) Whenever, after one suspension of an individual's driver's license for failure to abide by a visitation order, another order finding visitation abuse is entered against the person and the court orders the suspension of the person's driver's license, then the Secretary shall again suspend the driver's license of the individual and that suspension shall not be removed until the court has determined that there has been sufficient compliance for a sufficient period of time with the court's order concerning visitation and that full driving privileges shall be reinstated. (c) Section 7-704.1, and not this Section, governs the duration of a driver's license suspension if the suspension occurs as the result of a certification by the Illinois Department of Healthcare and Family Services under subsection (c) of Section 7-702.
(Source: P.A. 101-336, eff. 8-9-19.)
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(625 ILCS 5/7-704.1) Sec. 7-704.1. Duration of driver's license suspension upon certification of Department of Healthcare and Family Services. (a) When a suspension of a driver's license occurs as the result of a certification by the Illinois Department of Healthcare and Family Services under subsection (c) of Section 7-702, the suspension shall remain in effect until the Secretary of State receives notification from the Department that the person whose license was suspended has paid the support delinquency in full or has arranged for payment of the delinquency and current support obligation in a manner satisfactory to the Department. (b) Whenever, after one suspension of an individual's driver's license based on certification of the Department of Healthcare and Family Services, another certification is received from the Department of Healthcare and Family Services, the Secretary shall again suspend the driver's license of that individual and that suspension shall not be removed unless the obligor is in full compliance with the order of support and has made full payment on all arrearages or has arranged for payment of the arrearages and current support obligation in a manner satisfactory to the Department. The provision in this Section regarding the compliance necessary to remove an active suspension applies equally to all individuals who have had a driver's license suspended due to nonpayment of child support, regardless of whether that suspension occurred before or after the effective date of this amendatory Act of the 101st General Assembly.
(Source: P.A. 101-336, eff. 8-9-19.) |
(625 ILCS 5/7-705)
Sec. 7-705. Notice. The Secretary of State, prior to suspending a
driver's license under this Chapter, shall serve written
notice upon a person that the individual's driver's license will
be suspended in 60 days from the date on the notice unless (i) the
person satisfies the court order of support or the court ordered visitation and the circuit clerk
notifies the Secretary of State of this compliance or (ii) if the Illinois Department of Healthcare and Family Services has made a certification to the Secretary of State under subsection (c) of Section 7-702, the Department notifies the Secretary of State that the person licensed has paid the support delinquency in full or has arranged for payment of the delinquency and current support obligation in a manner satisfactory to the Department.
(Source: P.A. 97-1047, eff. 8-21-12.)
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(625 ILCS 5/7-705.1)
Sec. 7-705.1.
Notice of noncompliance with support order.
Before
forwarding to the Secretary of State the
authenticated document under subsection (b) of Section 7-703, the
circuit court
must serve notice upon the obligor of its
intention to suspend the obligor's driver's license for being adjudicated in
arrears in court ordered child support payments in an amount equal to 90 days
obligation. The notice must inform the obligor that:
(a) If the obligor is presently unable to pay all | ||
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(b) The obligor may contest the issue of compliance | ||
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(c) A request for a hearing must be made in writing | ||
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(d) If the obligor does not request a hearing to | ||
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(e) If the circuit court certifies the obligor to the | ||
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(f) If the obligor files a motion to modify support | ||
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(g) The obligor may comply with an order of support | ||
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(1) Paying the current support;
(2) Paying all past-due support or, if unable to | ||
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(3) Meeting the obligor's health insurance | ||
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The notice must include the address and telephone number of the clerk of the
circuit court.
The clerk of the circuit court shall attach a copy of the obligor's
order of
support to the notice. The notice must be served by certified mail, return
receipt
requested, by service in hand, or as specified in the Code of Civil
Procedure.
(Source: P.A. 91-613, eff. 7-1-00.)
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(625 ILCS 5/7-705.2) Sec. 7-705.2. Notice of noncompliance with visitation order. Before forwarding to the Secretary of State the authenticated document under Section 7-703, the circuit court must serve notice upon the person of its intention to suspend the person's driver's license for being adjudicated as having violated a visitation order in a manner deemed to be visitation abuse. The notice must inform the person that: (1) The person may contest the issue of compliance at | ||
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(2) A request for a hearing must be made in writing | ||
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(3) If the person does not request a hearing to | ||
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(4) If the circuit court certifies the person to | ||
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(5) If the person files a motion to modify visitation | ||
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(6) The notice must include the address | ||
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(Source: P.A. 97-1047, eff. 8-21-12.) |
(625 ILCS 5/7-706)
Sec. 7-706. Administrative hearing. A driver may contest this
driver's license sanction by requesting an administrative hearing
in accordance with Section 2-118 of this Code. If a written
request for this hearing is received prior to the effective date of
the suspension, the suspension shall be stayed. If a stay of the
suspension is granted, it shall remain in effect until a hearing
decision is entered. At the conclusion of this hearing, the
Secretary of State may rescind or impose the driver's license
suspension. If the suspension is upheld, it shall become
effective 10 days from the date the hearing decision is entered.
If the decision is to rescind the suspension, no suspension of
driving privileges shall be entered. The scope of this hearing
shall be limited to the following issues:
(a) Whether the driver is the person who owes a duty to make payments under the court or administrative
order of support or is the person with obligations under a visitation order.
(b) Whether (i) the authenticated document of a court
order of support or visitation order indicates that the obligor is 90
days or more delinquent or has been adjudicated in arrears in an
amount equal to 90 days obligation or more and has been found in
contempt of court for failure to pay child support or (ii) the certification of the Illinois Department of Healthcare and Family Services under subsection (c) of Section 7-702 indicates that the person is 90 days or more delinquent in payment of support under an order of support issued by a court or administrative body of this or any other State.
(b-1) Whether the authenticated document of a visitation order indicates that the person has violated a visitation order and has been found to have engaged in visitation abuse and has been found in contempt of court for failure to abide by a visitation order. (c) Whether (i) a superseding authenticated document of any
court order of support has been entered or (ii) the Illinois Department of Healthcare and Family Services, in a superseding notification, has informed the Secretary of State that the person certified under subsection (c) of Section 7-702 has paid the support delinquency in full or has arranged for payment of the delinquency and current support obligation in a manner satisfactory to the Department.
(c-1) Whether a superseding authenticated document of any court order concerning visitation has been entered, in a superseding notification, has informed the Secretary of State that as to the person the court has determined that there has been sufficient compliance for a sufficient period of time with the court's order concerning visitation and that full driving privileges shall be reinstated. (Source: P.A. 97-1047, eff. 8-21-12.)
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(625 ILCS 5/7-706.1)
Sec. 7-706.1.
Hearing for compliance with support order.
(a) An obligor may request in writing to the clerk of the circuit court
a hearing to contest the claim of noncompliance with an order of
support
and his or her subsequent driver's license suspension under
subsection (b) of
Section 7-702.
(b) If a written request for a hearing is received by the clerk
of the circuit court,
the clerk of the circuit court shall set the hearing before the circuit court.
(c) Upon the obligor's written request, the court must
set a date
for a hearing and afford the obligor an opportunity for a hearing as early as
practical.
(d) The scope of this hearing is limited to the following issues:
(1) Whether the obligor is required to pay child | ||
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(2) Whether the obligor has been adjudicated in | ||
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(3) Any additional issues raised by the obligor, | ||
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(e) All hearings and hearing procedures shall comply with requirements of
the
Illinois Constitution and the United States Constitution, so that no person is
deprived of due process of law nor denied
equal
protection of the laws. All hearings shall be held before a judge of the
circuit court in the county in which the support order has been entered.
Appropriate
records of the hearings shall be kept. Where a transcript of the hearing is
taken, the
person requesting the hearing shall have the opportunity to order a copy of the
transcript at
his or her own expense.
(f) The action of the circuit court resulting in the suspension
of any
driver's license shall be a final judgment for purposes of appellate
review.
(Source: P.A. 91-613, eff. 7-1-00.)
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(625 ILCS 5/7-707)
Sec. 7-707. Payment of reinstatement fee. When a person receives
notice from the Secretary of State that the suspension of driving privileges
has been terminated based upon (i) receipt of notification from the circuit
clerk of the person's compliance as obligor with a court order of
support or (ii) receipt of notification from the Illinois Department of Healthcare and Family Services that the person whose driving privileges were terminated has paid the delinquency in full or has arranged for payment of the delinquency and the current support obligation in a manner satisfactory to the Department (in a case in which the person's driving privileges were suspended upon a certification by the Department under subsection (c) of Section 7-702), the obligor shall pay a $70 reinstatement fee to the
Secretary of
State as set forth in Section 6-118 of this Code. $30 of the $70 fee
shall be deposited
into the Family Responsibility Fund. In accordance with subsection (e) of
Section 6-115 of this Code, the Secretary of State may decline to process a
renewal of a driver's license of a person who has not paid this fee.
(Source: P.A. 95-685, eff. 10-23-07.)
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(625 ILCS 5/7-708)
Sec. 7-708. Rules. The Secretary of State, using the authority to license
motor vehicle operators, may adopt such rules as may be necessary to establish
standards, policies, and procedures for the suspension of driver's licenses for
non-compliance with a court or administrative order of support or with a visitation order.
(Source: P.A. 97-1047, eff. 8-21-12.)
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(625 ILCS 5/Ch. 8 heading) CHAPTER 8.
MOTOR VEHICLES USED FOR
TRANSPORTATION OF PASSENGERS
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(625 ILCS 5/8-101) (from Ch. 95 1/2, par. 8-101)
Sec. 8-101. Proof of financial responsibility; persons who operate motor vehicles in
transportation of passengers for hire.
(a) It is unlawful for any person, firm, or corporation to operate any motor
vehicle along or upon any public street or highway in any incorporated
city, town, or village in this State for the carriage of passengers for
hire, accepting and discharging all such persons as may offer themselves
for transportation unless such person, firm, or corporation has given, and
there is in full force and effect and on file with the Secretary of State
of Illinois, proof of financial responsibility provided in this Act. (b) In
addition this Section shall also apply to persons, firms, or corporations
who are in the business of providing transportation services for minors to
or from educational or recreational facilities, except that this Section
shall not apply to public utilities subject to regulation under the Public Utilities Act or to
school buses which are operated by public or parochial schools and are
engaged solely in the transportation of the pupils who attend such schools.
(c) This Section also applies to a contract carrier transporting
employees in the course of their employment on a highway of this State in a
vehicle
designed to carry 15 or fewer passengers. As part of proof of financial responsibility, a contract carrier transporting employees, including, but not limited to, railroad employees, in the course of their employment is required to verify hit and run and uninsured motor vehicle coverage, as provided in Section 143a of the Illinois Insurance Code, and underinsured motor vehicle coverage, as provided in Section 143a-2 of the Illinois Insurance Code, in a total amount of not less than $250,000 per passenger, except that beginning on January 1, 2017 the total amount shall be not less than $500,000 per passenger. Each rail carrier that contracts with a contract carrier for the transportation of its employees in the course of their employment shall verify that the contract carrier has the minimum insurance coverage required under this subsection (c). (d) This Section shall not apply to
any person participating in a ridesharing
arrangement or operating a commuter van, but only during the performance
of activities authorized by the Ridesharing Arrangements Act.
(e) If the person operating such motor vehicle is not the owner, then proof
of financial responsibility filed hereunder must provide that the owner is
primarily liable.
(Source: P.A. 100-458, eff. 1-1-18; 101-81, eff. 7-12-19.)
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(625 ILCS 5/8-101.1) (from Ch. 95 1/2, par. 8-101.1)
Sec. 8-101.1.
Proof of financial responsibility - Persons who operate
medical transport vehicles.
It is unlawful for any person, firm or corporation, other than a unit of
local government, to operate any medical transport vehicle along or
upon any public street or highway in any incorporated city, town or village
in this State unless such person, firm or corporation has given, and there
is in full force and effect and on file with the Secretary of State, proof
of financial responsibility provided in this Code.
If the person operating such motor vehicle is not the owner, then proof
of financial responsibility filed hereunder must provide that the owner
is primarily liable.
(Source: P.A. 82-949.)
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(625 ILCS 5/8-102) (from Ch. 95 1/2, par. 8-102)
(Text of Section before amendment by P.A. 104-457)
Sec. 8-102. Alternate methods of giving proof. (a) Except as provided in subsection (b), proof of financial
responsibility, when required under Section 8-101 or 8-101.1, may be given
by filing with the Secretary of State one of the following:
1. A bond as provided in Section 8-103;
2. An insurance policy or other proof of insurance | ||
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3. A certificate of self-insurance issued by the | ||
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4. A certificate of self-insurance issued to the | ||
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5. A certificate of coverage issued by an | ||
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(b) Beginning January 1, 2020, in lieu of filing the documents required by subsection (a), each owner of a vehicle required to obtain minimum liability insurance under Section 8-101 or 8-101.1 shall attest that the vehicle is insured in at least the minimum required amount. (1) The Secretary shall create a form on which the | ||
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(2) The attestation form shall be valid for the full | ||
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(3) If the owner fails to provide the required | ||
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(4) The owner of a vehicle that is self-insured shall | ||
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(c) The Secretary of State may adopt rules to implement this Section.(Source: P.A. 100-986, eff. 1-1-21.)
(Text of Section after amendment by P.A. 104-457) Sec. 8-102. Alternate methods of giving proof. (a) Except as provided in subsection (b), proof of financial responsibility, when required under Section 8-101 or 8-101.1, may be given by filing with the Secretary of State one of the following: 1. A bond as provided in Section 8-103; 2. An insurance policy or other proof of insurance in | ||
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3. A certificate of self-insurance issued by the | ||
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4. A certificate of self-insurance issued to the | ||
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5. A certificate of coverage issued by an | ||
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(b) Beginning January 1, 2020, in lieu of filing the documents required by subsection (a), each owner of a vehicle required to obtain minimum liability insurance under Section 8-101 or 8-101.1 shall attest that the vehicle is insured in at least the minimum required amount. (1) The Secretary shall create a form on which the | ||
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(2) The attestation form shall be valid for the full | ||
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(3) If the owner fails to provide the required | ||
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(4) The owner of a vehicle that is self-insured shall | ||
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(c) The Secretary of State may adopt rules to implement this Section.(Source: P.A. 104-457, eff. 6-1-26.)
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(625 ILCS 5/8-103) (from Ch. 95 1/2, par. 8-103)
Sec. 8-103.
Bond as proof of financial responsibility.
1. A bond of the owner of motor vehicles, subject to the provisions
of Section 8-101 or 8-101.1, with a solvent and responsible surety company authorized
to do business under the laws of this State as surety thereon; or
2. A bond of such owner, with one or more personal sureties, owning real
estate in the State of Illinois, of the value in the aggregate of $250,000
over and above all encumbrances, when approved by the Secretary of State
shall be proof of financial responsibility as required by Section 8-101 or 8-101.1.
3. The bond shall not be approved unless accompanied by affidavits of
the personal sureties, attached, stating the location, legal description,
market value, nature and amount of encumbrances (if any), and the value
above all encumbrances of such real estate scheduled to qualify on such
bond, and not then unless all requirements for such bond as provided for by
this Code have been met.
(Source: P.A. 82-949.)
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(625 ILCS 5/8-104) (from Ch. 95 1/2, par. 8-104)
Sec. 8-104.
Requirements of bond.
1. A surety bond or real estate bond filed as proof as provided in
Section 8-103 shall be in the sum of $250,000 for each motor vehicle
operated by the owner providing the motor vehicle is subject to Section
8-101 or 8-101.1.
2. The surety of real estate bond shall provide for the payment of each
judgment by the owner of the motor vehicle (giving its manufacturer's name
and number and state license number) within 30 days after it becomes final,
provided each judgment shall have been rendered against such owner or any
person operating the motor vehicle with the owner's express or implied
consent, for any injury to or death of any person or for damage to property
other than such motor vehicle, resulting from the negligence of such owner,
his agent, or any person operating the motor vehicle with his express or
implied consent, provided that the maximum payment required of the surety
or sureties, on all judgments recovered against an owner hereunder, shall
not exceed the sum of $250,000 for each motor vehicle operated, under
Section 8-101 or 8-101.1.
(Source: P.A. 82-949.)
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(625 ILCS 5/8-105) (from Ch. 95 1/2, par. 8-105)
Sec. 8-105.
Action on bond.
The surety bond shall, by its terms, inure to the benefit of the person
recovering any such judgment, and shall provide that an action
may be brought in
any court of competent jurisdiction upon such bond by the owner of any such
judgment; and such bond, for the full amount thereof shall, by its terms,
be a lien for the benefit of the beneficiaries of said bond on such real
estate so scheduled, and shall be recorded in the office of the recorder
in each county in which such real estate is located.
(Source: P.A. 83-358.)
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(625 ILCS 5/8-106) (from Ch. 95 1/2, par. 8-106)
Sec. 8-106.
Withdrawal by sureties from bond - Notice.
Any surety or sureties may withdraw from any such bond by serving ten
days previous notice in writing upon such owner and the Secretary of
State, either personally or by registered mail, whereupon it shall be
the duty of such owner to file another bond or insurance policy in
accordance with the provisions of this Act. Upon the expiration of said
ten days, the Secretary of State shall mark said bond "withdrawn", with
the date such withdrawal became effective, and thereupon the liability of
the sureties on such bond shall cease as to any injury or damages
sustained after the date such withdrawal became effective.
(Source: P.A. 80-1495.)
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(625 ILCS 5/8-107) (from Ch. 95 1/2, par. 8-107)
Sec. 8-107.
Authority to require replacement of bond.
If, at any time, in the judgment of the Secretary of State, said bond
is not sufficient for any good cause, he may require the owner of such
motor vehicle who filed the same to replace said bond with another good
and sufficient bond or insurance policy, in accordance with the
provisions of this Act, and upon such replacement, the liability of the
surety or sureties on such prior bond shall cease as to any injury or damage
sustained after such replacement.
(Source: P.A. 80-1495.)
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(625 ILCS 5/8-108) (from Ch. 95 1/2, par. 8-108)
Sec. 8-108.
Insurance policy as bond.
A policy of insurance in a solvent and responsible company authorized to
do business in the State of Illinois, and having admitted net assets of not
less than $300,000 insuring the owner, his agent or any person
operating the motor vehicle with the owner's express or implied consent against
liability for any injury to or death of any person or for damage to
property other than the motor vehicle resulting from the negligence of
such owner, his agent or any person operating the vehicle with his express
or implied consent, when accepted by the Secretary of State, shall be proof
of financial responsibility as required by Section 8-101 or 8-101.1.
(Source: P.A. 82-433.)
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(625 ILCS 5/8-109) (from Ch. 95 1/2, par. 8-109)
Sec. 8-109.
Requirements of policy.
1. The policy of insurance
may cover one or more motor
vehicles and for each such vehicle shall insure such owner against liability
upon the owner to a minimum amount of $250,000 for bodily
injury to, or death of, any person, and $50,000 for damage to
property, provided
that the maximum payment required of such company on all judgments
recovered against an owner hereunder shall not exceed the
sum of $300,000 for each motor vehicle operated under
the provisions of this Section.
2. The policy of insurance shall provide for payment
and satisfaction of any judgment within 30 days after it becomes
final rendered against the owner or any person operating the motor vehicle
with the owner's express or implied consent
for such injury, death or damage to property other than the motor vehicle,
and shall provide that suit may be brought
in any court of competent jurisdiction upon such insurance
policy by the owner of any such judgment.
3. The insurance policy shall contain a description
of each motor vehicle, giving the manufacturer's name and
number and state license number.
(Source: P.A. 82-949.)
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(625 ILCS 5/8-110) (from Ch. 95 1/2, par. 8-110)
Sec. 8-110.
Cancellation of insurance policy - notice.
1. In the event said policy of insurance be cancelled by the issuing
company, or the authority of said issuing company to do business in the
State of Illinois be revoked, the Secretary of State shall require the
owner who filed the same either to furnish a bond or to replace said policy
with another policy according to the provisions of this Act.
2. Said policy of insurance shall also contain a provision that the same
cannot be cancelled by the company issuing it without giving ten days
notice in writing of such cancellation to the owner and the Secretary of
State, either personally or by registered mail.
3. Whenever the issuing company gives such notice of cancellation, the
Secretary of State shall, at the expiration of said ten days, mark said
insurance policy "Withdrawn" with the date such withdrawal became
effective, and thereupon the liability of such company on said policy shall
cease as to any injury or damage sustained after the date such withdrawal
becomes effective.
(Source: P.A. 76-1586.)
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(625 ILCS 5/8-111) (from Ch. 95 1/2, par. 8-111)
Sec. 8-111.
Proof required after cancellation.
If, at any time, in the judgment of the Secretary of State, said policy
of insurance is not sufficient for any good cause, he may require the owner
of such motor vehicle who filed the same, to replace said policy of
insurance with another good and sufficient bond or insurance policy, in
accordance with the provisions of this Act, and upon such replacement, the
liability of the company on said insurance policy shall cease as to any
injury or damage sustained after such replacement.
(Source: P.A. 76-1586.)
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(625 ILCS 5/8-112) (from Ch. 95 1/2, par. 8-112)
Sec. 8-112.
When bond on policy to expire.
All bonds and policies of insurance filed with the Secretary of State,
under this Act, shall expire not sooner than the 31st day of December as to
a vehicle registered on a calendar year basis and not sooner than the 30th
day of June as to a vehicle registered on a fiscal year basis in each year,
provided, that the expiration of same shall not terminate liabilities upon
such bonds and policies of insurance arising during the period for which
the bonds and policies of insurance were filed.
(Source: P.A. 77-99.)
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(625 ILCS 5/8-113) (from Ch. 95 1/2, par. 8-113)
Sec. 8-113.
Secretary of State to suspend registration certificates, registration plates or digital registration plates,
and registration sticker or digital registration sticker when bond or policy cancelled or withdrawn.
In the event that a bond or policy of insurance is cancelled or
withdrawn with respect to a vehicle or vehicles, subject to the provisions
of Section 8-101 or 8-101.1, for which the bond or policy of insurance was
issued,
then the Secretary of State immediately shall suspend the registration
certificates, registration plates or digital registration plates, and registration sticker or stickers or digital registration sticker or stickers of
the owner, with respect to such motor vehicle or
vehicles, and said registration certificates, registration plates or digital registration plates, and
registration
sticker or stickers or digital registration sticker or stickers shall
remain suspended and no registration shall be permitted or renewed unless
and until the owner of the motor vehicle shall have filed proof of
financial responsibility as provided by Section 8-101 or 8-101.1.
(Source: P.A. 101-395, eff. 8-16-19.)
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(625 ILCS 5/8-114) (from Ch. 95 1/2, par. 8-114)
Sec. 8-114. Issuance of license upon proof of financial responsibility.
The Secretary of State shall issue to each person who has in effect
proof of financial responsibility as required by Section 8-101 or 8-101.1, a
certificate for each motor vehicle operated by such person and included
within the proof of financial responsibility. Each certificate shall
specify the Illinois registration plate or digital registration plate and registration
sticker or digital registration sticker number of the vehicle, a statement
that proof of financial responsibility has been filed, and the period for
which the certificate was issued.
(Source: P.A. 101-395, eff. 8-16-19.)
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(625 ILCS 5/8-115) (from Ch. 95 1/2, par. 8-115)
Sec. 8-115. Display of certificate-Enforcement. The certificate issued pursuant to Section 8-114 shall be displayed upon
a window of the motor vehicle for which it was issued, in such manner as to
be visible to the passengers carried therein. This Section and Section
8-114 shall be enforced by the Illinois State Police, the Secretary
of State, and other police officers.
(Source: P.A. 102-538, eff. 8-20-21.)
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(625 ILCS 5/8-116) (from Ch. 95 1/2, par. 8-116)
Sec. 8-116.
Any person who fails to comply with the provisions of this Chapter, or
who fails to obey, observe or comply with any order of the Secretary of
State or any law enforcement agency issued in accordance with the
provisions of this Chapter is guilty of a Class A misdemeanor.
(Source: P.A. 77-2838.)
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(625 ILCS 5/Ch. 9 heading) CHAPTER 9.
OWNERS OF FOR RENT VEHICLES FOR-HIRE
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(625 ILCS 5/9-101) (from Ch. 95 1/2, par. 9-101)
Sec. 9-101.
Owner of for-rent motor vehicle to give proof of financial
responsibility. For purposes of this Chapter, "for rent" means any transfer of
the possession of or right to possession of a motor vehicle to a user for a
valuable consideration for a period of less than one year, and "to lease" means
any transfer of the possession of or right to possession of a motor vehicle to
a user for a period of one year or more. It is unlawful for the owner of any
motor vehicle to engage in the business, or to hold himself out to the public
generally as being engaged in the business of renting out such motor vehicle to
be operated by the customer, unless the owner has given, and there is in full
force and effect and on file with the Secretary of State proof of financial
responsibility as hereinafter provided. The delivery of a vehicle owned by an
out of State person or business to a renter in this State shall constitute
engaging in the rental business in this State for purposes of this Section.
All owners of motor vehicles which are leased for a period of one year
or more are not required to provide proof of insurance as required under
this chapter, but instead must comply with Section 7-601 of this Code and
obtain vehicle insurance in amounts no less than the minimum amount set for
bodily injury or death and for destruction of property pursuant to Section
7-203 of this Code.
(Source: P.A. 86-880; 87-1220.)
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(625 ILCS 5/9-102) (from Ch. 95 1/2, par. 9-102)
Sec. 9-102.
Alternate methods of giving proof of financial responsibility.
Proof of financial responsibility when required under Section 9-101 may
be given by the following methods. By filing with the Secretary of State:
1. A bond as provided in Section 9-103.
2. An insurance policy or other proof of insurance in a form to be
prescribed by the Secretary as provided in Section 9-105.
3. A certificate of self insurance issued by the Director.
(Source: P.A. 86-444.)
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(625 ILCS 5/9-103) (from Ch. 95 1/2, par. 9-103)
Sec. 9-103.
Bond as proof - requirements.
A motor vehicle liability bond, conditioned that the owner of the motor
vehicle will pay any judgment within 30 days after it becomes final,
recovered against the customer and the owner of the motor vehicle or
against any person operating the motor vehicle with the customer's and the
owner's express or implied consent for damage to property other than to the
rented motor vehicle, or for an injury to, or for the death of any person
including an occupant of the rented motor vehicle, resulting from the
operation of the motor vehicle, provided, however, every such bond is in
the penal sum of $100,000.
The bond shall be executed by a solvent and responsible surety company
authorized to do business in the State of Illinois, or by one or more
personal sureties to be approved by the Secretary of State.
The personal sureties shall own real estate in the State of Illinois of
the aggregate value of $100,000, over and above all encumbrances, and each
of the personal sureties shall make an affidavit concerning the property
which he schedules for the purpose of qualifying as surety, stating the
location, legal description, market value, and the amount and nature of any
encumbrances.
(Source: P.A. 86-444.)
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(625 ILCS 5/9-104) (from Ch. 95 1/2, par. 9-104)
Sec. 9-104.
Withdrawal of sureties-Notice.
Any surety may withdraw from the bond by serving ten days previous
notice in writing, either personally or by registered mail, upon the owner
of the motor vehicle, and upon the Secretary of State, whereupon it shall
be the duty of such owner to file another bond or insurance policy, in
accordance with the provisions of this Act. Upon the expiration of the ten
days, the Secretary of State shall mark the bond "Cancelled".
(Source: P.A. 76-1586.)
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(625 ILCS 5/9-105) (from Ch. 95 1/2, par. 9-105)
Sec. 9-105. Insurance policy as proof - requirements. A motor vehicle liability policy in a solvent and responsible company,
authorized to do business in the State of Illinois, providing that the
insurance carrier will pay any judgment within 30 days after it becomes
final, recovered against the customer or against any person operating the
motor vehicle with the customer's express or implied consent, for damage to
property other than to the rented motor vehicles, or for an injury to or
for the death of any person, including an occupant of the rented motor
vehicle, resulting from the operation of the motor vehicle shall serve as
proof of financial responsibility; provided
however, every such policy provides insurance insuring the operator of the
rented motor vehicle against liability upon such insured to a minimum
amount of $50,000 because of bodily injury to, or death of any
one person or damage to
property and $100,000 because of bodily
injury to or death of 2 or more persons in any one
motor vehicle crash.
(Source: P.A. 102-982, eff. 7-1-23.)
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(625 ILCS 5/9-106) (from Ch. 95 1/2, par. 9-106)
Sec. 9-106.
Cancellation of policy - Notices.
The policy shall provide that the insurance carrier may cancel it by
serving 10 days' previous notice in writing, either personally or by
registered mail, upon the owner of the motor vehicle and upon the Secretary
of State. Whenever any such policy shall be so cancelled, the Secretary of
State shall mark same "Cancelled" and shall require such owner either to
furnish a bond or a new policy of insurance, in accordance with this Act.
All policies filed with the Secretary of State shall expire not sooner
than the 31st day of December as to vehicles registered on a calendar year
nor sooner than the 30th day of June as to vehicles registered on a fiscal
year.
(Source: P.A. 77-99.)
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(625 ILCS 5/9-107) (from Ch. 95 1/2, par. 9-107)
Sec. 9-107.
Authority to require replacement of bond.
If, at any time, in the judgment of the Secretary of State, the
liability policy filed hereunder, is not sufficient for any good cause, he
may require the owner of such motor vehicle who filed the same to replace,
within fifteen (15) days from the date of notice given, said policy with
another good and sufficient liability policy or bond, in accordance with
the provisions of this Act. At the time of replacement or at the expiration
of the fifteen (15) day period, as the case may be, the Secretary of State
shall mark the policy "Cancelled."
Upon the cancellation of any liability policy hereunder the liabilities
on said policy shall thereupon cease as to any future damage or injury.
(Source: P.A. 76-1586.)
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(625 ILCS 5/9-108) (from Ch. 95 1/2, par. 9-108)
Sec. 9-108.
Application for approval of insurance policy or bond required.
Every person desiring to engage in the business of renting out a motor
vehicle, to be operated by the customer, shall file with the Secretary of
State, an application for the approval of the Secretary of State of the
insurance policy or bond tendered under the provisions of this Act, by such
person, and if the Secretary of State shall determine that such insurance
policy or bond complies with the provisions of this Act, he shall accept
such insurance policy or bond, and shall thereupon issue to such applicant
a certificate setting forth the fact that the applicant has, in respect to
the vehicle described therein, complied with the provisions of this Act.
(Source: P.A. 76-1586.)
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(625 ILCS 5/9-109) (from Ch. 95 1/2, par. 9-109)
Sec. 9-109. Secretary of State to cancel certificate and to suspend
license plates and registration stickers when bond or policy cancelled or
withdrawn.
(a) If any insurance policy or bond filed hereunder shall for any
reason become inoperative, the Secretary of State shall forthwith cancel
the certificate of compliance of the owner and it shall be unlawful for the
owner to rent out the motor vehicle, covered by said certificate, until a
policy or bond meeting the requirements of this Act is filed with the
Secretary of State and a certificate has been issued by him as provided by
Section 9-108.
(b) The Secretary of State shall also suspend the registration
certificate, license plates or digital license plates, and registration sticker or stickers or digital registration sticker or stickers of
the owner, with respect to the motor vehicle for which the insurance policy
or bond had been issued, and said registration certificates, license plates or digital license plates,
and registration sticker or stickers or digital registration sticker or stickers shall remain suspended and no
registration shall be permitted or renewed unless and until the owner of
said motor vehicle shall have complied with the provisions of this Act.
(Source: P.A. 101-395, eff. 8-16-19.)
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(625 ILCS 5/9-110) (from Ch. 95 1/2, par. 9-110)
Sec. 9-110.
Penalties for violations of this Act.
Any person who fails to comply with the provisions of this Chapter, or
who fails to obey, observe or comply with any order of the Secretary of
State, in accordance with the provisions of this Chapter, is guilty of a
Class A misdemeanor.
(Source: P.A. 77-2720.)
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(625 ILCS 5/Ch. 10 heading) CHAPTER 10.
CIVIL LIABILITY
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(625 ILCS 5/Ch. 10 Art. I heading) ARTICLE I.
LIABILITY OF COUNTIES,
MUNICIPALITIES AND OTHER
PUBLIC CORPORATIONS
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(625 ILCS 5/10-101) (from Ch. 95 1/2, par. 10-101)
Sec. 10-101.
Insurance.
(a) Any public entity or corporation may insure
against the liability imposed by law and may insure persons who are legally
entitled to recover damages from owners and operators of uninsured motor
vehicles and hit-and-run motor vehicles because of bodily injury, sickness
or disease including death incurred while using a motor vehicle of such
public entity or corporation with any insurance carrier duly authorized
to transact business in this State and the premium for such insurance shall
be a proper charge against the general fund or any applicable special fund
of such entity or corporation.
(b) Every employee of the State, who operates for purposes of State business
a vehicle not owned, leased or controlled by the State shall procure insurance
in the limit of the amounts of liability not less than the amounts required
in Section 7-203 of this Act. The State may provide such insurance for
the benefit of, and without cost to, such employees and may include such
coverage in a plan of self-insurance under Section 405-105 of the Department of
Central Management Services Law (20 ILCS
405/405-105). The State may also obtain uninsured or hit-and-run vehicle
coverage, as defined in Section 143a of the "Illinois Insurance Code".
Any public liability insurance furnished by the State under this Section
shall be under the policy or policies contracted for or under a self-insurance
plan implemented by the Department of Central Management Services
pursuant to Section 405-105 of the Department of Central
Management Services Law (20 ILCS 405/405-105),
the costs for procuring such insurance to be charged, collected and received
as provided in that Section 25-105.
(Source: P.A. 91-239, eff. 1-1-00.)
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(625 ILCS 5/Ch. 10 Art. II heading) ARTICLE II.
LIABILITY TO GUESTS
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(625 ILCS 5/10-201) (from Ch. 95 1/2, par. 10-201)
Sec. 10-201. Liability for bodily injury to or death of guest.
No person riding in or upon a motor vehicle or motorcycle as a guest
without payment for such ride and who has solicited such ride in violation
of Subsection (a) of Section 11-1006 of this Act, nor his personal
representative in the event of the death of such guest, shall have a cause
of action for damages against the driver or operator of such motor vehicle
or motorcycle, or its owner or his employee or agent for injury, death or
loss, in case of a crash, unless such crash has been caused by the
willful and wanton misconduct of the driver or operator of such motor
vehicle or motorcycle or its owner or his employee or agent and unless such
willful and wanton misconduct contributed to the injury, death or loss for
which the action is brought.
Nothing contained in this Section relieves a motor vehicle or motorcycle
carrier of passengers for hire of responsibility for injury or death
sustained by any passenger for hire.
This amendatory Act of 1971 shall apply only to causes of action arising
from crashes occurring after its effective date.
(Source: P.A. 102-982, eff. 7-1-23.)
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(625 ILCS 5/10-202) (from Ch. 95 1/2, par. 10-202)
Sec. 10-202.
Liability of employer in regard to ridesharing.
(a) An employer
shall not be liable for injuries to passengers and other persons resulting
from the operation
or use of a passenger car or commuter van
in a ridesharing arrangement which is not owned, leased, contracted for
or driven by the employer, and for which the employer has not paid wages
to an employee for services rendered in driving the vehicle, provided, that
wages shall not
include a portion of the fares collected by the driver and shall not include
expenses for gasoline or passenger car or commuter van repairs.
(b) An employer shall not be liable for injuries to passengers and other
persons because he provides information, incentives or otherwise encourages
his employees to participate in ridesharing arrangements.
(Source: P.A. 83-1091.)
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(625 ILCS 5/Ch. 10 Art. III heading) ARTICLE III.
PROCESS ON NON-RESIDENT
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(625 ILCS 5/10-301) (from Ch. 95 1/2, par. 10-301)
Sec. 10-301.
Service of process on non-resident.
(a) The use and operation by any person or his duly authorized agent or
employee of a vehicle over or upon the highways of the State of Illinois,
shall be deemed an appointment by such person of the Secretary of State to
be his true and lawful attorney upon whom may be served all legal process
in any action or proceeding against him, growing out of such use or
resulting in damage or loss to person or property, and the use or
operation shall be signification of his agreement that such process
against him which is so served, shall be of the same legal force and
validity as though served upon him personally if such person is a
non-resident of this State or at the time a cause of action arises is a
resident of this State but subsequently becomes a non-resident of this
State, or in the event the vehicle is owned by a non-resident and is being
operated over and upon the highways of this State with the owner's express
or implied permission.
(b) Service of such process shall be made by serving a copy upon the
Secretary of State or any employee in his office designated by him to
accept such service for him, or by filing such copy in his office, together
with an affidavit of compliance from the plaintiff instituting the
action, suit, or proceeding, which states that this Section is applicable
to the proceeding and that the plaintiff has complied with the requirements
of this Section, and a fee of $5 and such service shall be sufficient service
upon the
person, if notice of such service and a copy of the process are, within 10
days thereafter, sent by registered mail by the plaintiff to the defendant,
at the last known address of the defendant, and the plaintiff's
affidavit of compliance herewith is appended to the summons.
(c) The court in which the action is pending may order such continuances
as may be necessary to afford the defendant reasonable opportunity to
defend the action. The fee of $5 paid by the plaintiff to the Secretary of
State at the time of the service shall be taxed as his cost, if he prevails
in the action.
(d) The Secretary of State shall keep a record of all such processes,
which shall show the day and hour of such service.
(e) When a final judgment is entered against any non-resident defendant
who has not received notice and a copy of the
process by registered
mail, required to be sent to him as above provided, and such person, his
heirs, legatees, executor, administrator or other legal
representatives, as
the case may require, shall within one year after the written notice
given to him of such judgment, or within 5 years after such judgment, if no
such notice has been given, as stated above, appear and petition the court
to be heard regarding such judgment, and
shall pay such costs
as the court may deem reasonable in that behalf, the person so petitioning the court
may appear and answer the plaintiff's allegations, and thereupon such
proceeding shall be had as if the defendant had appeared
in due time and
no judgment had been entered. If it appears upon
the hearing that such
judgment ought not to have been entered against the defendant, the
judgment may
be set aside, altered or amended as shall appear just; otherwise, it shall
be ordered that the judgment stands confirmed against
the defendant. The judgment shall,
after 5 years from the entry thereof, if not set aside in the manner
stated above, be deemed and adjudged confirmed against
such defendant, and all
persons claiming under him by virtue of any act done subsequent to the
commencement of such action, and at the end of the 5 years, the court
may enter such further orders as
shall be required for the enforcement of the judgment.
(f) Any person instituting any action, suit, or proceeding who uses
this Section to effect service of process shall be liable for the
attorney's fees and costs of the defendant if the court finds that the
person instituting the action knew or should have known that this Section
is not applicable for effecting service in such action.
(Source: P.A. 91-357, eff. 7-29-99.)
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(625 ILCS 5/Ch. 11 heading) CHAPTER 11.
RULES OF THE ROAD
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(625 ILCS 5/Ch. 11 Art. I heading) ARTICLE I.
SPECIAL DEFINITIONS
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(625 ILCS 5/11-100) (from Ch. 95 1/2, par. 11-100)
Sec. 11-100.
Definition of Administrator.
For the purposes of this Chapter,
"Administrator" means the Administrator of the Illinois Safety
and Family
Financial Responsibility Law in Chapter 7 of this Code.
(Source: P.A. 89-92, eff. 7-1-96; 90-89, eff. 1-1-98.)
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(625 ILCS 5/Ch. 11 Art. II heading) ARTICLE II.
OBEDIENCE TO AND EFFECT
OF TRAFFIC LAWS
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(625 ILCS 5/11-201) (from Ch. 95 1/2, par. 11-201)
Sec. 11-201.
Provisions of act refer to vehicles upon the highways-Exceptions.
The provisions of this Chapter relating to the operation of vehicles
refer exclusively to the operation of vehicles upon highways except:
1. Where a different place is specifically referred to in a given
section.
2. The provisions of Articles IV and V of this Chapter shall apply upon
highways and elsewhere throughout the State.
(Source: P.A. 76-1586.)
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(625 ILCS 5/11-202) (from Ch. 95 1/2, par. 11-202)
Sec. 11-202.
Required obedience to traffic laws.
It is unlawful and, unless otherwise declared in this Chapter with
respect to particular offenses, it is a petty offense for any
person to do any act forbidden or fail to perform any act required in
this Chapter.
(Source: P.A. 80-911.)
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(625 ILCS 5/11-203) (from Ch. 95 1/2, par. 11-203)
Sec. 11-203. Obedience to police officers. No person shall wilfully fail or refuse to comply with any lawful order
or direction of any police officer, fireman, person authorized by a local authority to direct traffic, or school
crossing guard invested by law with authority to
direct, control, or regulate traffic.
Any person convicted of violating this Section
is guilty
of a petty offense and shall be subject to a mandatory fine of $150.
(Source: P.A. 98-396, eff. 1-1-14.)
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(625 ILCS 5/11-204) (from Ch. 95 1/2, par. 11-204)
Sec. 11-204.
Fleeing or attempting to elude a peace officer.
(a) Any driver or operator of a motor vehicle who, having been given a
visual or audible signal by a peace officer directing such driver or
operator to bring his vehicle to a stop, wilfully fails or refuses to obey
such direction, increases his speed, extinguishes his lights, or otherwise
flees or attempts to elude the officer, is guilty of a Class A
misdemeanor.
The signal given by the peace officer may be by hand, voice, siren, red or
blue light. Provided, the officer giving such signal shall be in police
uniform, and, if driving a vehicle, such vehicle shall display
illuminated oscillating, rotating or flashing red or blue lights which when
used in conjunction with an audible horn or siren would indicate the
vehicle to be an official police vehicle.
Such requirement shall not preclude the use of amber or white
oscillating, rotating or flashing lights in conjunction with red or blue
oscillating, rotating or flashing lights as required in Section 12-215 of
Chapter 12.
(b) Upon receiving notice of such conviction the Secretary of State
shall suspend the drivers license of the person so convicted for a
period of not more than 6 months for a first conviction and not more than 12
months for a second conviction.
(c) A third or subsequent violation of this Section
is a Class 4 felony.
(Source: P.A. 93-120, eff. 1-1-04.)
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(625 ILCS 5/11-204.1) (from Ch. 95 1/2, par. 11-204.1)
Sec. 11-204.1. Aggravated fleeing or attempting
to elude a peace
officer. (a) The offense of aggravated fleeing or attempting to elude a peace officer
is committed by any driver or operator of a motor vehicle who flees or attempts
to elude a peace officer, after being given a visual or audible
signal
by a peace officer in the manner prescribed in subsection (a) of
Section
11-204 of this Code, and such flight or attempt to elude:
(1) is at a rate of speed at least 21 miles per hour | ||
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(2) causes bodily injury to any individual;
(3) causes damage in excess of $300 to property;
(4) involves disobedience of 2 or more official | ||
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(5) involves the concealing or altering of the | ||
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(b) Any person convicted of a first violation of this Section shall be
guilty of a Class 4 felony. Upon notice of such a conviction the Secretary
of State shall forthwith revoke the driver's license of the person so
convicted, as provided in Section 6-205 of this Code. Any person convicted
of a second or subsequent violation of this Section shall be guilty of a Class
3
felony,
and upon notice of such a conviction the Secretary of State shall forthwith
revoke the driver's license of the person convicted, as provided in Section
6-205 of the Code.
(c) The motor vehicle used in a violation of this Section is subject to
seizure and forfeiture as provided in Sections 36-1 and 36-2 of the Criminal
Code of 2012.
(Source: P.A. 101-395, eff. 8-16-19.)
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(625 ILCS 5/11-205) (from Ch. 95 1/2, par. 11-205)
Sec. 11-205.
Public officers and employees to obey Act-Exceptions.
(a) The provisions of this Chapter applicable to the drivers of vehicles
upon the highways shall apply to the drivers of all vehicles owned or
operated by the United States, this State or any county, city, town,
district or any other political subdivision of the State, except as
provided in this Section and subject to such specific exceptions as set
forth in this Chapter with reference to authorized emergency vehicles.
(b) The driver of an authorized emergency vehicle, when responding to an
emergency call or when in the pursuit of an actual or suspected violator of
the law or when responding to but not upon returning from a fire alarm, may
exercise the privileges set forth in this Section, but subject to the
conditions herein stated.
(c) The driver of an authorized emergency vehicle may:
1. Park or stand, irrespective of the provisions of | ||
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2. Proceed past a red or stop signal or stop sign, | ||
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3. Exceed the maximum speed limits so long as he does | ||
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4. Disregard regulations governing direction of | ||
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(d) The
exceptions herein granted to an authorized emergency vehicle,
other than a police vehicle, shall apply only when the vehicle is making
use of either an audible signal when in motion or visual signals meeting
the requirements of Section 12-215 of this Act.
(e) The foregoing provisions do not relieve the driver of an authorized
emergency vehicle from the duty of driving with due regard for the safety
of all persons, nor do such provisions protect the driver from the
consequences of his reckless disregard for the safety of others.
(f) Unless specifically made applicable, the provisions
of this Chapter, except those contained in
Section 11-204 and Articles IV and V of this Chapter, shall not
apply to persons, motor vehicles and equipment while
actually engaged in work upon a highway but shall
apply to such persons and vehicles when traveling to or from such work.
(Source: P.A. 89-710, eff. 2-14-97; 90-257, eff. 7-30-97.)
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(625 ILCS 5/11-206) (from Ch. 95 1/2, par. 11-206)
Sec. 11-206.
Traffic laws apply to persons riding
animals or driving animal-drawn vehicles.
Every person riding an animal or driving any animal-drawn
vehicle upon a roadway shall be granted all of the
rights and shall be subject to all of the duties applicable
to the driver of a vehicle by this chapter, except those
provisions of this chapter which by their very nature can
have no application.
(Source: P.A. 79-858.)
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(625 ILCS 5/11-207) (from Ch. 95 1/2, par. 11-207)
Sec. 11-207.
Provisions of this Chapter uniform throughout
State. The provisions of this Chapter shall be applicable and uniform
throughout this State and in all political subdivisions and municipalities
therein, and no local authority shall enact or enforce any ordinance rule
or regulation in conflict with the provisions of this Chapter unless
expressly authorized herein. Local authorities may, however, adopt
additional traffic regulations which are not in conflict with the
provisions of this Chapter, but such regulations shall not be effective
until signs giving reasonable notice thereof are posted.
(Source: P.A. 92-651, eff. 7-11-02.)
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(625 ILCS 5/11-208)
(from Ch. 95 1/2, par. 11-208)
Sec. 11-208. Powers of local authorities.
(a) The provisions of this Code shall not be deemed to prevent
local authorities with respect to streets and highways under their
jurisdiction and within the reasonable exercise of the police power from:
1. Regulating the standing or parking of vehicles, | ||
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2. Regulating traffic by means of police officers or | ||
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3. Regulating or prohibiting processions or | ||
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4. Designating particular highways as one-way | ||
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5. Regulating the speed of vehicles in public parks | ||
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6. Designating any highway as a through highway, as | ||
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7. Restricting the use of highways as authorized in | ||
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8. Regulating the operation of mobile carrying | ||
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9. Regulating or prohibiting the turning of vehicles | ||
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10. Altering the speed limits as authorized in | ||
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11. Prohibiting U-turns;
12. Prohibiting pedestrian crossings at other than | ||
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13. Prohibiting parking during snow removal operation;
14. Imposing fines in accordance with Section | ||
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15. Adopting such other traffic regulations as are | ||
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16. Enforcing the provisions of subsection (f) of | ||
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(b) No ordinance or regulation enacted under paragraph 1, 4, 5, 6, 7,
9, 10, 11 or 13 of subsection (a) shall be effective until signs giving
reasonable notice of such local traffic regulations are posted.
(c) The provisions of this Code shall not prevent any
municipality having a population of 500,000 or more inhabitants from
prohibiting any person from driving or operating any motor vehicle upon
the roadways of such municipality with headlamps on high beam or bright.
(d) The provisions of this Code shall not be deemed to prevent local
authorities within the reasonable exercise of their police power from
prohibiting, on private property, the unauthorized use of parking spaces
reserved for persons with disabilities.
(e) No unit of local government, including a home rule unit, may enact or
enforce an ordinance that applies only to motorcycles if the principal purpose
for that ordinance is to restrict the access of motorcycles to any highway or
portion of a highway for which federal or State funds have been used for the
planning, design, construction, or maintenance of that highway. No unit of
local government, including a home rule unit, may enact an ordinance requiring
motorcycle users to wear protective headgear. Nothing in this subsection
(e) shall affect the authority of a unit of local government to regulate
motorcycles for traffic control purposes or in accordance with Section 12-602
of this Code. No unit of local government, including a home rule unit, may
regulate motorcycles in a manner inconsistent with this Code. This subsection
(e) is a limitation under subsection (i) of Section 6 of Article VII of the
Illinois Constitution on the concurrent exercise by home rule units of powers
and functions exercised by the State.
(e-5) The City of Chicago may enact an ordinance providing for a noise monitoring system upon any portion of the roadway known as Lake Shore Drive. Twelve months after the installation of the noise monitoring system, and any time after the first report as the City deems necessary, the City of Chicago shall prepare a noise monitoring report with the data collected from the system and shall, upon request, make the report available to the public. For purposes of this subsection (e-5), "noise monitoring system" means an automated noise monitor capable of recording noise levels 24 hours per day and 365 days per year with computer equipment sufficient to process the data. (e-10) A unit of local government, including a home rule unit, may not enact an ordinance prohibiting the use of Automated Driving System equipped vehicles on its roadways. Nothing in this subsection (e-10) shall affect the authority of a unit of local government to regulate Automated Driving System equipped vehicles for traffic control purposes. No unit of local government, including a home rule unit, may regulate Automated Driving System equipped vehicles in a manner inconsistent with this Code. For purposes of this subsection (e-10), "Automated Driving System equipped vehicle" means any vehicle equipped with an Automated Driving System of hardware and software that are collectively capable of performing the entire dynamic driving task on a sustained basis, regardless of whether it is limited to a specific operational domain. This subsection (e-10) is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State. (f) A municipality or county designated in Section 11-208.6 may enact an ordinance providing for an
automated traffic law enforcement system to enforce violations of this Code or
a similar provision of a local ordinance and imposing liability on a registered owner or lessee of a vehicle used in such a violation.
(g) A municipality or county, as provided in Section 11-1201.1, may enact an ordinance providing for an automated traffic law enforcement system to enforce violations of Section 11-1201 of this Code or a similar provision of a local ordinance and imposing liability on a registered owner of a vehicle used in such a violation.
(h) A municipality designated in Section 11-208.8 may enact an ordinance providing for an
automated speed enforcement system to enforce violations of Article VI of Chapter 11 of this Code or a similar provision of a local ordinance. (i) A municipality or county designated in Section 11-208.9 may enact an ordinance providing for an
automated traffic law enforcement system to enforce violations of Section 11-1414 of this Code or
a similar provision of a local ordinance and imposing liability on a registered owner or lessee of a vehicle used in such a violation. (Source: P.A. 100-209, eff. 1-1-18; 100-257, eff. 8-22-17; 100-352, eff. 6-1-18; 100-863, eff. 8-14-18; 101-123, eff. 7-26-19.) |
(625 ILCS 5/11-208.1) (from Ch. 95 1/2, par. 11-208.1)
Sec. 11-208.1.
Uniformity.
The provisions of this Chapter of this Act, as amended, and the rules
and regulations promulgated thereunder by any State Officer, Office,
Agency, Department or Commission, shall be applicable and uniformly applied
and enforced throughout this State, in all other political subdivisions and
in all units of local government.
(Source: P.A. 77-706.)
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(625 ILCS 5/11-208.2) (from Ch. 95 1/2, par. 11-208.2)
Sec. 11-208.2.
Limitation on home rule units.
The provisions of this Chapter of this Act limit the authority of home
rule units to adopt local police regulations inconsistent herewith except
pursuant to Sections 11-208, 11-209, 11-1005.1, 11-1412.1, and
11-1412.2 of this Chapter of this Act.
(Source: P.A. 92-868, eff. 6-1-03.)
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(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, automated traffic law violations, and automated speed enforcement system violations.
(a) Any municipality or county may provide by ordinance for a system of
administrative adjudication of vehicular standing and parking violations and
vehicle compliance violations as described in this subsection, automated traffic law violations as defined in Section 11-208.6, 11-208.9, or 11-1201.1, and automated speed enforcement system violations as defined in Section 11-208.8.
The administrative system shall have as its purpose the fair and
efficient enforcement of municipal or county regulations through the
administrative adjudication of automated speed enforcement system or automated traffic law violations and violations of municipal or county ordinances
regulating the standing and parking of vehicles, the condition and use of
vehicle equipment, and the display of municipal or county wheel tax licenses within the
municipality's
or county'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 or county regulation governing the condition or use of equipment on a vehicle
or governing the display of a municipal or county 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 | ||
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(2) A parking, standing, compliance, automated speed | ||
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(3) Service of a parking, standing, or compliance | ||
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(4) An opportunity for a hearing for the registered | ||
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(5) Service of additional notices, sent by first | ||
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(i) A second notice of parking, standing, or | ||
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(ii) A notice of final determination of parking, | ||
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(6) A notice of impending driver's license | ||
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(7) Final determinations of violation liability. A | ||
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(8) A petition to set aside a determination of | ||
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(9) Procedures for non-residents. Procedures by which | ||
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(10) A schedule of civil fines for violations of | ||
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(11) Other provisions as are necessary and proper to | ||
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(b-5) An automated speed enforcement system or automated traffic law ordinance adopted under this Section by a municipality or county shall require that the determination to issue a citation be vested solely with the municipality or county and that such authority may not be delegated to any vendor retained by the municipality or county. Any contract or agreement violating such a provision in the ordinance is null and void. (c) Any municipality or county establishing vehicular standing, parking,
compliance, automated speed enforcement system, 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 | ||
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(2) A notice of impending vehicle immobilization and | ||
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(3) The right to a prompt hearing after a vehicle has | ||
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(4) A post immobilization and post-towing notice | ||
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(d) Judicial review of final determinations of parking, standing,
compliance, automated speed enforcement system, 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 or county 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, automated speed enforcement system, 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, automated speed enforcement system, or automated traffic law
violation, the municipality
or county 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 or county from consolidating multiple final
determinations of parking, standing, compliance, automated speed enforcement system, or automated traffic law violations against a
person in a proceeding.
Upon commencement of the action, the municipality or county shall file a certified
copy or record of the final determination of parking, standing, compliance, automated speed enforcement system, 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
or county 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, automated speed enforcement system, or automated traffic law violations does not
exceed $2500. If the court is satisfied that the final determination of
parking, standing, compliance, automated speed enforcement system, or automated traffic law violation was entered in accordance with
the requirements of
this Section and the applicable municipal or county 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 or county and against
the registered owner or the lessee for the amount indicated in the final
determination of parking, standing, compliance, automated speed enforcement system, 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. (h) Notwithstanding any other provision of law to the contrary, a person shall not be liable for violations, fees, fines, or penalties under this Section during the period in which the motor vehicle was stolen or hijacked, as indicated in a report to the appropriate law enforcement agency filed in a timely manner.(Source: P.A. 102-558, eff. 8-20-21; 102-905, eff. 1-1-23; 103-364, eff. 7-28-23.) |
(625 ILCS 5/11-208.4)
Sec. 11-208.4.
(Repealed).
(Source: Repealed by internal repealer, eff. 12-31-94.)
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(625 ILCS 5/11-208.5)
Sec. 11-208.5. Prosecution of felony DUI by local authorities prohibited. (a) The powers of a local authority to enact or enforce any ordinance or rule with respect to the streets or highways under its jurisdiction relating to driving under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or any combination thereof is limited to the enactment and enforcement of ordinances or rules the violation of which would constitute a misdemeanor under Section 11-501 of the Illinois Vehicle Code. (b) A local authority may not enact or enforce any ordinance or rule with respect to streets and highways under its jurisdiction if a violation of that ordinance or rule would constitute a felony under Section 11-501 of the Illinois Vehicle Code. The municipality may, however, charge an offender with a municipal misdemeanor offense if the State's Attorney rejects or denies felony charges for the conduct that comprises the charge.
(c) A municipal attorney who is aware that, based on a driver's history, the driver is subject to prosecution for a felony under Section 11-501 of the Illinois Vehicle Code, must notify the State's Attorney of that county of the driver's conduct and may not prosecute the driver on behalf of the municipality.
(Source: P.A. 94-111, eff. 1-1-06; 94-740, eff. 5-8-06.) |
(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, | ||
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(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 | ||
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(2) the registration number of the motor vehicle | ||
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(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 | ||
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(8) a statement that recorded images are evidence of | ||
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(9) a warning that failure to pay the civil penalty, | ||
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(10) a statement that the person may elect to proceed | ||
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(A) paying the fine, completing a required | ||
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(B) challenging the charge in court, by mail, or | ||
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(11) a website address, accessible through the | ||
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(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 | ||
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(1.5) that the motor vehicle was hijacked before the | ||
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(2) that the driver of the vehicle passed through the | ||
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(3) any other evidence or issues provided by | ||
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(i) To demonstrate that the motor vehicle was hijacked or the motor vehicle or registration plates or digital registration plates were stolen before the violation occurred and were not under the control or possession of the owner or lessee at the time of the violation, the owner or lessee must submit proof that a report concerning the 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 and informing drivers whether, following a stop, a right turn at the intersection is permitted or prohibited. (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. Beginning 6 months before it installs an automated traffic law enforcement system at an intersection, a county or municipality may not change the yellow change interval at that intersection. (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 and every 2 years thereafter. Each 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. Each statistical analysis shall be consistent with professional judgment and acceptable industry practice. Each 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. Each 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 a statistical analysis indicates that there has been an increase in the rate of crashes 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 crashes, and may take any action that it determines is necessary or appropriate to reduce the number or severity of the crashes at that intersection. (k-8) Any municipality or county operating an automated traffic law enforcement system before July 28, 2023 (the effective date of Public Act 103-364) shall conduct a statistical analysis to assess the safety impact of each automated traffic law enforcement system at an intersection by no later than one year after July 28, 2023 (the effective date of Public Act 103-364) and every 2 years thereafter. The statistical analyses 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 analyses shall be consistent with professional judgment and acceptable industry practice. The statistical analyses also shall be consistent with the data required for valid comparisons of before and after conditions. The statistical analyses required by this subsection shall be made available to the public and shall be published on the website of the municipality or county. If the statistical analysis for any 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. (l-1) No member of the General Assembly and no officer or employee of a municipality or county shall knowingly accept employment or receive compensation or fees for services from a vendor that provides automated traffic law enforcement system equipment or services to municipalities or counties. No former member of the General Assembly shall, within a period of 2 years immediately after the termination of service as a member of the General Assembly, knowingly accept employment or receive compensation or fees for services from a vendor that provides automated traffic law enforcement system equipment or services to municipalities or counties. No former officer or employee of a municipality or county shall, within a period of 2 years immediately after the termination of municipal or county employment, knowingly accept employment or receive compensation or fees for services from a vendor that provides automated traffic law enforcement system equipment or services to municipalities or counties. (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. (q) If a county or municipality selects a new vendor for its automated traffic law enforcement system and must, as a consequence, apply for a permit, approval, or other authorization from the Department for reinstallation of one or more malfunctioning components of that system and if, at the time of the application for the permit, approval, or other authorization, the new vendor operates an automated traffic law enforcement system for any other county or municipality in the State, then the Department shall approve or deny the county or municipality's application for the permit, approval, or other authorization within 90 days after its receipt. (r) The Department may revoke any permit, approval, or other authorization granted to a county or municipality for the placement, installation, or operation of an automated traffic law enforcement system if any official or employee who serves that county or municipality is charged with bribery, official misconduct, or a similar crime related to the placement, installation, or operation of the automated traffic law enforcement system in the county or municipality. The Department shall adopt any rules necessary to implement and administer this subsection. The rules adopted by the Department shall describe the revocation process, shall ensure that notice of the revocation is provided, and shall provide an opportunity to appeal the revocation. Any county or municipality that has a permit, approval, or other authorization revoked under this subsection may not reapply for such a permit, approval, or other authorization for a period of one year after the revocation. (s) If an automated traffic law enforcement system is removed or rendered inoperable due to construction, then the Department shall authorize the reinstallation or use of the automated traffic law enforcement system within 30 days after the construction is complete. (Source: P.A. 102-905, eff. 1-1-23; 102-982, eff. 7-1-23; 103-154, eff. 6-30-23; 103-364, eff. 7-28-23; 103-605, eff. 7-1-24.) |
(625 ILCS 5/11-208.7) Sec. 11-208.7. Administrative fees and procedures for impounding vehicles for specified violations. (a) Any county or municipality may, consistent with this Section, provide by ordinance procedures for the release of properly impounded vehicles and for the imposition of a reasonable administrative fee related to its administrative and processing costs associated with the investigation, arrest, and detention of an offender, or the removal, impoundment, storage, and release of the vehicle. The administrative fee imposed by the county or municipality may be in addition to any fees
charged for the towing and storage of an impounded vehicle. The administrative fee shall be waived by the county or municipality upon verifiable proof that the vehicle was stolen or hijacked at the time the vehicle was impounded. (b) An ordinance establishing procedures for the release of properly impounded vehicles under this Section may impose fees only for the following violations: (1) operation or use of a motor vehicle in the | ||
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(2) driving under the influence of alcohol, another | ||
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(3) operation or use of a motor vehicle in the | ||
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(4) operation or use of a motor vehicle in the | ||
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(5) operation or use of a motor vehicle in the | ||
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(6) driving while a driver's license, permit, or | ||
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(7) operation or use of a motor vehicle while | ||
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(8) operation or use of a motor vehicle with an | ||
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(9) operation or use of a motor vehicle without ever | ||
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(10) operation or use of a motor vehicle by a person | ||
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(11) operation or use of a motor vehicle in the | ||
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(12) operation or use of a motor vehicle in the | ||
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(13) operation or use of a motor vehicle in violation | ||
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(A) while the vehicle is part of a funeral | ||
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(B) in a manner that interferes with a funeral | ||
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(c) The following shall apply to any fees imposed for administrative and processing costs pursuant to subsection (b): (1) All administrative fees and towing and storage | ||
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(1.5) No administrative fees shall be imposed on | ||
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(2) The fees shall be in addition to (i) any other | ||
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(3) The fees shall be uniform for all similarly | ||
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(4) The fees shall be collected by and paid to the | ||
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(5) The towing or storage fees, or both, shall be | ||
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(d) Any ordinance establishing procedures for the release of properly impounded vehicles under this Section shall provide for an opportunity for a hearing, as provided in subdivision (b)(4) of Section 11-208.3 of this Code, and for the release of the vehicle to the owner of record, lessee, or a lienholder of record upon payment of all administrative fees and towing and storage fees. (e) Any ordinance establishing procedures for the impoundment
and release of vehicles under this Section shall include the following provisions concerning notice of impoundment: (1) Whenever a police officer has cause to believe | ||
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(2) At the time the vehicle is towed, the county or | ||
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(3) The county or municipality shall also provide | ||
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(f) Any ordinance establishing procedures for the impoundment and
release of vehicles under this Section shall include a provision providing that the
registered owner or lessee of the vehicle and any lienholder of record shall be provided with a
notice of hearing. The notice shall: (1) be served upon the owner, lessee, and any | ||
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(2) be served upon interested parties within 10 days | ||
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(3) contain the date, time, and location of the | ||
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(g) In addition to the requirements contained in
subdivision (b)(4) of Section 11-208.3 of this Code relating to administrative hearings, any ordinance providing for the impoundment
and release of vehicles under this Section shall include the following requirements concerning administrative hearings: (1) administrative hearings shall be conducted by a | ||
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(1.5) the hearing officer shall consider as a | ||
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(2) at the conclusion of the administrative hearing, | ||
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(3) if the basis for the vehicle impoundment is | ||
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(4) all final decisions of the administrative hearing | ||
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(5) unless the administrative hearing officer | ||
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(6) if the administrative hearing officer finds that | ||
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(7) notwithstanding any other provision of law to | ||
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(h) Vehicles not retrieved from the towing facility or storage facility
within 35 days after the administrative hearing officer issues a written decision shall be deemed abandoned and disposed of in accordance with the provisions of Article II of Chapter
4 of this Code. (i) Unless stayed by a court of competent jurisdiction, any fine, penalty, or administrative fee imposed under this
Section which remains unpaid in whole or in part after the expiration of the deadline for seeking judicial
review under the Administrative Review Law may be enforced in the same manner as a judgment entered by a court of
competent jurisdiction.
(j) The fee limits in subsection (b), the exceptions in paragraph (6) of subsection (b), and all of paragraph (6) of subsection (g) of this Section shall not apply to a home rule unit that tows a vehicle on a public way if a circumstance requires the towing of the vehicle or if the vehicle is towed due to a violation of a statute or local ordinance, and the home rule unit: (1) owns and operates a towing facility within its | ||
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(2) owns and operates tow trucks or enters into a | ||
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(Source: P.A. 102-905, eff. 1-1-23.) |
(625 ILCS 5/11-208.8) Sec. 11-208.8. Automated speed enforcement systems in safety zones. (a) As used in this Section: "Automated speed enforcement system" means a photographic device, radar device, laser device, or other electrical or mechanical device or devices installed or utilized in a safety zone and designed to record the speed of a vehicle and obtain a clear photograph or other recorded image of the vehicle and the vehicle's registration plate or digital registration plate while the driver is violating Article VI of Chapter 11 of this Code or a similar provision of a local ordinance. An automated speed enforcement system is a system, located in a safety zone which is under the jurisdiction of a municipality, 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. "Owner" means the person or entity to whom the vehicle is registered. "Recorded image" means images recorded by an automated speed 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, | ||
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"Safety zone" means an area that is within one-eighth of a mile from the nearest property line of any public or private elementary or secondary school, or from the nearest property line of any facility, area, or land owned by a school district that is used for educational purposes approved by the Illinois State Board of Education, not including school district headquarters or administrative buildings. A safety zone also includes an area that is within one-eighth of a mile from the nearest property line of any facility, area, or land owned by a park district used for recreational purposes. However, if any portion of a roadway is within either one-eighth mile radius, the safety zone also shall include the roadway extended to the furthest portion of the next furthest intersection. The term "safety zone" does not include any portion of the roadway known as Lake Shore Drive or any controlled access highway with 8 or more lanes of traffic. (a-5) The automated speed enforcement system shall be operational and violations shall be recorded only at the following times: (i) if the safety zone is based upon the property | ||
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(ii) if the safety zone is based upon the property | ||
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(b) A municipality 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) Notwithstanding any penalties for any other violations of this Code, the owner of a motor vehicle used in a traffic violation recorded by an automated speed enforcement system shall be subject to the following penalties: (1) if the recorded speed is no less than 6 miles per | ||
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(2) if the recorded speed is more than 10 miles per | ||
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A penalty may not be imposed under this Section if the driver of the motor vehicle received a Uniform Traffic Citation from a police officer for a speeding violation occurring within one-eighth of a mile and 15 minutes of the violation that was recorded by the 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. A law enforcement officer is not required to be present or to witness the violation. No penalty may be imposed under this Section if the recorded speed of a vehicle is 5 miles per hour or less over the legal speed limit. The municipality may send, in the same manner that notices are sent under this Section, a speed violation warning notice where the violation involves a speed of 5 miles per hour or less above the legal speed limit. (d) The net proceeds that a municipality receives from civil penalties imposed under an automated speed enforcement system, after deducting all non-personnel and personnel costs associated with the operation and maintenance of such system, shall be expended or obligated by the municipality for the following purposes: (i) public safety initiatives to ensure safe passage | ||
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(ii) initiatives to improve pedestrian and traffic | ||
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(iii) construction and maintenance of infrastructure | ||
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(iv) after school programs. (e) For each violation of a provision of this Code or a local ordinance recorded by an automated speed enforcement system, the 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 of the identity of the owner of the vehicle, but in no event later than 90 days after the violation. (f) The notice required under subsection (e) of this Section shall include: (1) the name and address of the registered owner of | ||
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(2) the registration number of the motor vehicle | ||
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(3) the violation charged; (4) the date, time, and location where the violation | ||
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(5) a copy of the recorded image or images; (6) the amount of the civil penalty imposed and the | ||
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(7) a statement that recorded images are evidence of | ||
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(8) a warning that failure to pay the civil penalty | ||
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(9) a statement that the person may elect to proceed | ||
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(A) paying the fine; or (B) challenging the charge in court, by mail, or | ||
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(10) a website address, accessible through the | ||
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(g) (Blank). (h) Based on inspection of recorded images produced by an automated speed 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. (i) Recorded images made by an automated speed 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. (j) The court or hearing officer may consider in defense of a violation: (1) that the motor vehicle or registration plates or | ||
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(1.5) that the motor vehicle was hijacked before the | ||
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(2) that the driver of the motor vehicle received a | ||
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(3) any other evidence or issues provided by | ||
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(k) To demonstrate that the motor vehicle was hijacked or the motor vehicle or registration plates or digital registration plates were stolen before the violation occurred and were not under the control or possession of the owner or lessee at the time of the violation, the owner or lessee must submit proof that a report concerning the motor vehicle or registration plates was filed with a law enforcement agency in a timely manner. (l) A roadway equipped with an automated speed enforcement system shall be posted with a sign conforming to the national Manual on Uniform Traffic Control Devices that is visible to approaching traffic stating that vehicle speeds are being photo-enforced and indicating the speed limit. The municipality shall install such additional signage as it determines is necessary to give reasonable notice to drivers as to where automated speed enforcement systems are installed. (m) A roadway where a new automated speed enforcement system is installed shall be posted with signs providing 30 days notice of the use of a new automated speed enforcement system prior to the issuance of any citations through the automated speed enforcement system. (n) The compensation paid for an automated speed 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. (n-1) No member of the General Assembly and no officer or employee of a municipality or county shall knowingly accept employment or receive compensation or fees for services from a vendor that provides automated speed enforcement system equipment or services to municipalities or counties. No former member of the General Assembly shall, within a period of 2 years immediately after the termination of service as a member of the General Assembly, knowingly accept employment or receive compensation or fees for services from a vendor that provides automated speed enforcement system equipment or services to municipalities or counties. No former officer or employee of a municipality or county shall, within a period of 2 years immediately after the termination of municipal or county employment, knowingly accept employment or receive compensation or fees for services from a vendor that provides automated speed enforcement system equipment or services to municipalities or counties. (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. The drivers license number of a lessee may be subsequently individually requested by the appropriate authority if needed for enforcement of this Section. Upon the provision of information by the lessor pursuant to this subsection, the 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. (q) A municipality using an automated speed enforcement system must provide notice to drivers by publishing the locations of all safety zones where system equipment is installed on the website of the municipality. (r) A municipality operating an automated speed enforcement system shall conduct a statistical analysis to assess the safety impact of the system following installation of the system and every 2 years thereafter. A municipality operating an automated speed enforcement system before the effective date of this amendatory Act of the 103rd General Assembly shall conduct a statistical analysis to assess the safety impact of the system by no later than one year after the effective date of this amendatory Act of the 103rd General Assembly and every 2 years thereafter. Each 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. Each statistical analysis shall be consistent with professional judgment and acceptable industry practice. Each 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. Each statistical analysis required by this subsection shall be made available to the public and shall be published on the website of the municipality. (s) This Section applies only to municipalities with a population of 1,000,000 or more inhabitants. (t) If a county or municipality selects a new vendor for its automated speed enforcement system and must, as a consequence, apply for a permit, approval, or other authorization from the Department for reinstallation of one or more malfunctioning components of that system and if, at the time of the application for the permit, approval, or other authorization, the new vendor operates an automated speed enforcement system for any other county or municipality in the State, then the Department shall approve or deny the county or municipality's application for the permit, approval, or other authorization within 90 days after its receipt. (u) The Department may revoke any permit, approval, or other authorization granted to a county or municipality for the placement, installation, or operation of an automated speed enforcement system if any official or employee who serves that county or municipality is charged with bribery, official misconduct, or a similar crime related to the placement, installation, or operation of the automated speed enforcement system in the county or municipality. The Department shall adopt any rules necessary to implement and administer this subsection. The rules adopted by the Department shall describe the revocation process, shall ensure that notice of the revocation is provided, and shall provide an opportunity to appeal the revocation. Any county or municipality that has a permit, approval, or other authorization revoked under this subsection may not reapply for such a permit, approval, or other authorization for a period of 1 year after the revocation. (v) The University of Illinois Chicago Urban Transportation Center shall conduct a study that includes the following: (1) a comprehensive review of the City of Chicago's | ||
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(2) the available research on potential effectiveness | ||
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(3) an analysis of driving behavior to detect risky | ||
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(4) an assessment of the effectiveness of | ||
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(5) an assessment of how fatalities can be reduced | ||
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The Department shall adopt any rules necessary to implement this subsection (v). (Source: P.A. 103-364, eff. 7-28-23; 104-381, eff. 1-1-26.) |
(625 ILCS 5/11-208.9)
Sec. 11-208.9. Automated traffic law enforcement system; approaching, overtaking, and passing a school bus. (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 the visual signals on a school bus, as specified in Sections 12-803 and 12-805 of this Code, to produce recorded images of
motor vehicles that fail to stop before meeting or overtaking, from either direction, any school bus stopped at any location for the purpose of receiving or discharging pupils in violation of Section 11-1414 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, | ||
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(c) 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. (d) For each violation of a provision of this Code or a local ordinance
recorded by an automated
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. (e) The notice required under subsection (d) shall include: (1) the name and address of the registered owner of | ||
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(2) the registration number of the motor vehicle | ||
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(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 | ||
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(8) a statement that recorded images are evidence of | ||
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(9) a warning that failure to pay the civil penalty | ||
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(10) a statement that the person may elect to proceed | ||
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(A) paying the fine; or (B) challenging the charge in court, by mail, or | ||
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(11) a website address, accessible through the | ||
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(f) (Blank). (g) 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. (h) Recorded images made by an automated 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. (i) The court or hearing officer may consider in defense of a violation: (1) that the motor vehicle or registration plates or | ||
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(1.5) that the motor vehicle was hijacked before | ||
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(2) that the driver of the motor vehicle received a | ||
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(3) that the visual signals required by Sections | ||
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(4) any other evidence or issues provided by | ||
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(j) To demonstrate that the motor vehicle was hijacked or the motor vehicle or registration
plates or digital registration plates were stolen before the violation occurred and were not under the
control or possession of the owner or lessee at the time of the violation, the
owner or lessee must submit proof that a report concerning the
motor vehicle or registration plates was filed with a law enforcement agency in a timely manner. (k) 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
$150 for a first time violation or $500 for a second or subsequent violation, plus an additional penalty of not more than $100 for failure to pay the original penalty 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, but may be recorded by the municipality or county for the purpose of determining if a person is subject to the higher fine for a second or subsequent offense. (l) A school bus equipped with an automated traffic law
enforcement system must be posted with a sign indicating that the school bus is being monitored by an automated
traffic law enforcement system. (m) A municipality or
county that has one or more school buses equipped with an automated traffic law
enforcement system must provide notice to drivers by posting a list of school districts using school buses equipped with an automated traffic law enforcement system on the municipality or county website. School districts that have one or more school buses equipped with an automated traffic law enforcement system must provide notice to drivers by posting that information on their websites. (n) A municipality or county operating an automated traffic law enforcement system shall conduct a statistical analysis to assess the safety impact in each school district using school buses equipped with an automated traffic law enforcement system following installation of the system and every 2 years thereafter. A municipality or county operating an automated speed enforcement system before the effective date of this amendatory Act of the 103rd General Assembly shall conduct a statistical analysis to assess the safety impact of the system by no later than one year after the effective date of this amendatory Act of the 103rd General Assembly and every 2 years thereafter. Each 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. Each statistical analysis shall be consistent with professional judgment and acceptable industry practice. Each 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. Each statistical analysis required by this subsection shall be made available to the public and shall be published on the website of the municipality or county. If a statistical analysis indicates that there has been an increase in the rate of crashes at the approach to school buses monitored by the system, the municipality or county shall undertake additional studies to determine the cause and severity of the crashes, and may take any action that it determines is necessary or appropriate to reduce the number or severity of the crashes involving school buses equipped with an automated traffic law enforcement system. (o) 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. (o-1) No member of the General Assembly and no officer or employee of a municipality or county shall knowingly accept employment or receive compensation or fees for services from a vendor that provides automated traffic law enforcement system equipment or services to municipalities or counties. No former member of the General Assembly shall, within a period of 2 years immediately after the termination of service as a member of the General Assembly, knowingly accept employment or receive compensation or fees for services from a vendor that provides automated traffic law enforcement system equipment or services to municipalities or counties. No former officer or employee of a municipality or county shall, within a period of 2 years immediately after the termination of municipal or county employment, knowingly accept employment or receive compensation or fees for services from a vendor that provides automated traffic law enforcement system equipment or services to municipalities or counties. (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. (q) (Blank). (r) After a municipality or county enacts an ordinance providing for automated traffic law enforcement systems under this Section, each school district within that municipality or county's jurisdiction may implement an automated traffic law enforcement system under this Section. The elected school board for that district must approve the implementation of an automated traffic law enforcement system. The school district shall be responsible for entering into a contract, approved by the elected school board of that district, with vendors for the installation, maintenance, and operation of the automated traffic law enforcement system. The school district must enter into an intergovernmental agreement, approved by the elected school board of that district, with the municipality or county with jurisdiction over that school district for the administration of the automated traffic law enforcement system. The proceeds from a school district's automated traffic law enforcement system's fines shall be divided equally between the school district and the municipality or county administering the automated traffic law enforcement system.
(s) If a county or municipality changes the vendor it uses for its automated traffic law enforcement
system and must, as a consequence, apply for a permit, approval, or other authorization from the Department for reinstallation of one or more malfunctioning components of that system and if, at the time of the application, the new vendor operates an automated traffic law enforcement
system for any other county or municipality in the State, then the Department shall approve or deny the county or municipality's application for that permit, approval, or other authorization within 90 days after its receipt. (t) The Department may revoke any permit, approval, or other authorization granted to a county or municipality for the placement, installation, or operation of an automated traffic law enforcement
system if any official or employee who serves that county or municipality is charged with bribery, official misconduct, or a similar crime related to the placement, installation, or operation of the automated traffic law enforcement system in the county or municipality. The Department shall adopt any rules necessary to implement and administer this subsection. The rules adopted by the Department shall describe the revocation process, shall ensure that notice of the revocation is provided, and shall provide an opportunity to appeal the revocation. Any county or municipality that has a permit, approval, or other authorization revoked under this subsection may not reapply for such a permit, approval, or other authorization for a period of 1 year after the revocation. (Source: P.A. 102-905, eff. 1-1-23; 102-982, eff. 7-1-23; 103-154, eff. 6-30-23; 103-364, eff. 7-28-23.) |
(625 ILCS 5/11-209) (from Ch. 95 1/2, par. 11-209)
Sec. 11-209. Powers of municipalities and counties - Contract with
school boards, hospitals, churches, condominium complex unit owners'
associations, and commercial and industrial facility, shopping center,
and apartment complex owners for regulation of traffic. (a) The corporate authorities of any municipality or the county
board of any county, and a school board, hospital, church, condominium
complex unit owners' association, or owner of any
commercial and industrial facility,
shopping center, or apartment complex which controls a parking area
located within the limits of the municipality, or outside the limits of
the municipality and within the boundaries of the county, may, by
contract, empower the municipality or county to regulate the parking of
automobiles and the traffic at such parking area. Such contract shall
empower the municipality or county to accomplish all or any part of the
following:
1. The erection of stop signs, flashing signals, | ||
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2. The prohibition or regulation of the turning of | ||
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3. The regulation of a crossing of any roadway in the | ||
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4. The designation of any separate roadway in the | ||
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5. The establishment and regulation of loading zones.
6. The prohibition, regulation, restriction or | ||
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7. The designation of safety zones in the parking | ||
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8. Providing for the removal and storage of vehicles | ||
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9. Providing that the cost of planning, installation, | ||
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10. Causing the installation of parking meters on the | ||
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11. Causing the installation of parking signs in | ||
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12. Contracting for such additional reasonable rules | ||
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(b) No contract entered into pursuant to this Section shall exceed a
period of 20 years. No lessee of a shopping center or apartment complex
shall enter into such a contract for a longer period of time than the
length of his lease.
(c) Any contract entered into pursuant to this Section shall be
recorded in the office of the recorder in the county in which
the parking area is located, and no regulation made pursuant to the
contract shall be effective or enforceable until 3 days after the
contract is so recorded.
(d) At such time as parking and traffic regulations have been
established at any parking area pursuant to the contract as provided for
in this Section, then it shall be a petty offense for any person to do
any act forbidden or to fail to perform any act required by such parking
or traffic regulation. If the violation is the parking in a parking space
reserved for persons with disabilities under paragraph (11) of this Section, by
a person without special registration plates issued to a person with
disabilities, as defined by Section 1-159.1, pursuant to Section
3-616 of this Code, or to a veteran with a disability pursuant to Section 3-609 of
this Code, the local police of the contracting corporate municipal
authorities shall issue a parking ticket to such parking violator and issue
a fine in accordance with Section 11-1301.3.
(e) The term "shopping center", as used in this Section, means
premises having one or more stores or business establishments in
connection with which there is provided on privately-owned property near
or contiguous thereto an area, or areas, of land used by the public as
the means of access to and egress from the stores and business
establishments on such premises and for the parking of motor vehicles of
customers and patrons of such stores and business establishments on such
premises.
(f) The term "parking area", as used in this Section, means an area,
or areas, of land near or contiguous to a school, church, or hospital
building, shopping center, apartment complex, or condominium
complex,
but not the public highways or alleys, and used by
the public as the means of access to and egress from such buildings and
the stores and business establishments at a shopping center and for the
parking of motor vehicles.
(g) The terms "owner", "property owner", "shopping center owner",
and "apartment complex owner",
as used in this Section, mean the actual
legal owner of the shopping center parking area or apartment
complex,
the trust officer of a banking institution having the right to manage
and control such property, or a person having the legal right, through
lease or otherwise, to manage or control the property.
(g-5) The term "condominium complex unit owners' association", as used in
this Section, means a "unit owners' association" as defined in Section 2 of the
Condominium Property Act.
(h) The term "fire lane", as used in this Section, means travel
lanes for the fire fighting equipment upon which there shall be no
standing or parking of any motor vehicle at any time so that fire
fighting equipment can move freely thereon.
(i) The term "apartment complex", as used in this Section, means
premises having one or more apartments in connection with which there is
provided on privately-owned property near or contiguous thereto an area,
or areas, of land used by occupants of such apartments or their guests
as a means of access to and egress from such apartments or for the
parking of motor vehicles of such occupants or their guests.
(j) The term "condominium complex", as used in this Section, means
the units, common elements, and limited common elements that are located on the
parcels, as those terms are defined in Section 2 of the Condominium Property
Act.
(k) The term "commercial and industrial facility", as used in this
Section, means a premises containing one or more commercial and industrial
facility establishments in connection with which there is
provided on
privately-owned property near or contiguous to the premises an area or areas of
land used by the public as the means of access to and egress from the
commercial and industrial facility establishment on the premises and for the
parking of motor vehicles of customers, patrons, and employees of the
commercial and industrial facility establishment on the premises.
(l) The provisions of this Section shall not be deemed to
prevent local
authorities from enforcing, on private property, local ordinances imposing
fines, in accordance with Section 11-1301.3, as penalties for use of any
parking
place reserved for persons with disabilities, as defined by Section 1-159.1, or
veterans with disabilities by any person using a motor vehicle not bearing registration
plates specified in Section 11-1301.1 or a special decal or device as defined
in Section 11-1301.2 as evidence that the vehicle is operated by or for a
person with disabilities or a veteran with a disability.
This amendatory Act of 1972 is not a prohibition upon the contractual
and associational powers granted by Article VII, Section 10 of the
Illinois Constitution.
(Source: P.A. 99-143, eff. 7-27-15.)
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(625 ILCS 5/11-209.1) (from Ch. 95 1/2, par. 11-209.1)
Sec. 11-209.1.
Powers of local authorities - enforcing the provisions
of this Code on private streets and roads. (a) Any person or board of
directors owning, operating or representing a residential subdivision,
development, apartment house or apartment project; containing a minimum of
10 apartments or single family residences may file a written request, with
the appropriate local authority wherein such property is situated,
requesting their law enforcement agency enforce the provisions of this Code
on all private streets or roads open to or used by the tenants, owners,
employees or the public for the purposes of vehicular traffic by permission
of such person or board of directors and not as a matter of public right.
Notwithstanding Section 1-126 and Section 1-201 of this Code, if the local
authority grants such request by the adoption of an enabling ordinance then
all such private streets or roads shall be considered "highways" only for
the enforcement purposes of this Code.
(b) All regulations adopted and traffic control devices employed by a
local authority in the enforcement of this Code on such streets or roads
within any private area, pursuant to this Section, shall be consistent
with the provisions of this Code and shall
conform to the Illinois Manual on Uniform Traffic Control Devices.
A local authority may require that any person who files a request for
the installation of traffic signs pay for the cost of such traffic signs.
Such traffic signs shall be in conformity with Section 11-604 of this Code.
(c) Any person or board of directors which has filed such a request
under this Section, may rescind that request by filing with the
appropriate local authority a written request for such rescission. Upon
receipt of the written request, the local authority shall subsequently
repeal the original enabling ordinance. Such repeal shall not take effect
until the first day of January following any such action by the local
authorities. However, no such rescission request may be filed within 12
months of the date of the original written request.
(d) The filing of a written request or the adoption of the
enabling ordinance under this Section in no way constitutes
a dedication to public use of any street, road, driveway, trail,
terrace, bridle path, parkway, parking area, or other roadway open to
or used by vehicular traffic, nor does it prevent such person or
board of directors, as owners of such property, from requiring
additional regulations than those specified by the local authorities or
otherwise regulating such use as may seem best to such person or board of
directors as long as they do not conflict with the powers granted to local
authorities under Section 11-208 of this Code.
(e) This amendatory act of 1972 is not a prohibition upon the
contractual and associational powers granted by Article VII, Section 10 of
the Illinois Constitution.
(Source: P.A. 86-521.)
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(625 ILCS 5/11-210) (from Ch. 95 1/2, par. 11-210)
Sec. 11-210.
This Chapter not to interfere with rights of owners of real property with
reference thereto.
Nothing in this Chapter shall be construed to prevent the owner of real
property used by the public for purposes of vehicular travel by permission
of the owner and not as matter of right from prohibiting such use, or from
requiring other or different or additional conditions than those specified
in this Chapter, or otherwise regulating such use as may seem best to such
owner.
(Source: P.A. 76-1586.)
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(625 ILCS 5/11-211) (from Ch. 95 1/2, par. 11-211)
Sec. 11-211.
Local Laws.
No owner of a motor vehicle shall be limited as to speed upon any public
place, at any time when the same is or may hereafter be opened to the use
of persons having or using other vehicles, nor be required to comply with
other provisions or conditions as to the use of such motor vehicles except
as in this Chapter provided, and except as is provided in this Act.
(Source: P.A. 77-1344.)
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(625 ILCS 5/11-212) Sec. 11-212. Traffic and pedestrian stop statistical study. (a) Whenever a State or local law enforcement officer issues a uniform traffic citation or warning citation for an alleged violation of the Illinois Vehicle Code, he or she shall record at least the following: (1) the name, address, gender, and the officer's | ||
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(2) the alleged traffic violation that led to the | ||
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(3) the make and year of the vehicle stopped; (4) the date and time of the stop, beginning when the | ||
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(5) the location of the traffic stop; (5.5) whether or not a consent search contemporaneous | ||
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(6) whether or not a search contemporaneous to the | ||
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(6.2) whether or not a police dog performed a sniff | ||
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(6.5) whether or not contraband was found during a | ||
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(7) the name and badge number of the issuing officer. (b) Whenever a State or local law enforcement officer stops a motorist for an alleged violation of the Illinois Vehicle Code and does not issue a uniform traffic citation or warning citation for an alleged violation of the Illinois Vehicle Code, he or she shall complete a uniform stop card, which includes field contact cards, or any other existing form currently used by law enforcement containing information required pursuant to this Act, that records at least the following: (1) the name, address, gender, and the officer's | ||
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(2) the reason that led to the stop of the motorist; (3) the make and year of the vehicle stopped; (4) the date and time of the stop, beginning when the | ||
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(5) the location of the traffic stop; (5.5) whether or not a consent search contemporaneous | ||
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(6) whether or not a search contemporaneous to the | ||
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(6.2) whether or not a police dog performed a sniff | ||
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(6.5) whether or not contraband was found during a | ||
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(7) the name and badge number of the issuing officer. (b-5) For purposes of this subsection (b-5), "detention" means all frisks, searches, summons, and arrests. Whenever a law enforcement officer subjects a pedestrian to detention in a public place, he or she shall complete a uniform pedestrian stop card, which includes any existing form currently used by law enforcement containing all the information required under this Section, that records at least the following: (1) the gender, and the officer's subjective | ||
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(2) all the alleged reasons that led to the stop of | ||
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(3) the date and time of the stop; (4) the location of the stop; (5) whether or not a protective pat down or frisk was | ||
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(6) whether or not contraband was found during the | ||
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(7) whether or not a search beyond a protective pat | ||
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(8) whether or not contraband was found during the | ||
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(9) the disposition of the stop, such as a warning, a | ||
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(10) if a summons or ticket was issued, or an arrest | ||
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(11) the name and badge number of the officer who | ||
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This subsection (b-5) does not apply to searches or inspections for compliance authorized under the Fish and Aquatic Life Code, the Wildlife Code, the Herptiles-Herps Act, or searches or inspections during routine security screenings at facilities or events. (c) The Illinois Department of Transportation shall provide a standardized law enforcement data compilation form on its website. (d) Every law enforcement agency shall, by February 1 with regard to data collected during July through December of the previous calendar year and by August 1 with regard to data collected during January through June of the current calendar year, compile the data described in subsections (a), (b), and (b-5) on the standardized law enforcement data compilation form provided by the Illinois Department of Transportation and transmit the data to the Department. (e) The Illinois Department of Transportation shall analyze the data provided by law enforcement agencies required by this Section and submit a report of the previous year's findings to the Governor, the General Assembly, the Racial Profiling Prevention and Data Oversight Board, and each law enforcement agency no later than July 1 of each year. The Illinois Department of Transportation may contract with an outside entity for the analysis of the data provided. In analyzing the data collected under this Section, the analyzing entity shall scrutinize the data for evidence of statistically significant aberrations. The following list, which is illustrative, and not exclusive, contains examples of areas in which statistically significant aberrations may be found: (1) The percentage of minority drivers, passengers, | ||
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(2) A substantial number of false stops including | ||
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(3) A disparity between the proportion of citations | ||
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(4) A disparity among the officers of the same law | ||
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(5) A disparity between the frequency of searches | ||
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(f) Any law enforcement officer identification information and driver or pedestrian identification information that is compiled by any law enforcement agency or the Illinois Department of Transportation pursuant to this Act for the purposes of fulfilling the requirements of this Section shall be confidential and exempt from public inspection and copying, as provided under Section 7 of the Freedom of Information Act, and the information shall not be transmitted to anyone except as needed to comply with this Section. This Section shall not exempt those materials that, prior to the effective date of this amendatory Act of the 93rd General Assembly, were available under the Freedom of Information Act. This subsection (f) shall not preclude law enforcement agencies from reviewing data to perform internal reviews. (g) Funding to implement this Section shall come from federal highway safety funds available to Illinois, as directed by the Governor. (h) The Illinois Criminal Justice Information Authority, in consultation with law enforcement agencies, officials, and organizations, including Illinois chiefs of police, the Illinois State Police, the Illinois Sheriffs Association, and the Chicago Police Department, and community groups and other experts, shall undertake a study to determine the best use of technology to collect, compile, and analyze the traffic stop statistical study data required by this Section. The Department shall report its findings and recommendations to the Governor and the General Assembly by March 1, 2022. (h-1) The Traffic and Pedestrian Stop Data Use and Collection Task Force is hereby created. (1) The Task Force shall undertake a study to | ||
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(2) The Task Force shall be an independent Task Force | ||
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(A) 2 academics or researchers who have studied | ||
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(B) one professor from an Illinois university who | ||
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(C) one representative from the Illinois State | ||
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(D) one representative from the Chicago Police | ||
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(E) one representative from the Illinois Chiefs | ||
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(F) one representative from the Illinois Sheriffs | ||
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(G) one representative from the Chicago Fraternal | ||
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(H) one representative from the Illinois | ||
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(I) the Executive Director of the American Civil | ||
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(J) 5 representatives from different community | ||
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(3) The Illinois Criminal Justice Information | ||
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