Illinois General Assembly - Full Text of HB5907
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Full Text of HB5907  95th General Assembly

HB5907enr 95TH GENERAL ASSEMBLY



 


 
HB5907 Enrolled LRB095 14797 WGH 46339 b

1     AN ACT concerning transportation.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Illinois Vehicle Code is amended by changing
5 Sections 7-201, 7-204, 7-212, and 11-406 as follows:
 
6     (625 ILCS 5/7-201)  (from Ch. 95 1/2, par. 7-201)
7     Sec. 7-201. Application of Article II. The Administrator as
8 soon as practicable after the receipt of the report, required
9 to be filed under Sections 11-406 and 11-410, of a motor
10 vehicle accident occurring within this State and that has
11 resulted in bodily injury or death of any person or that damage
12 to the property of any one person in excess of $1,500 (or $500
13 if any of the vehicles involved in the accident is subject to
14 Section 7-601 but is not covered by a liability insurance
15 policy in accordance with Section 7-601) $500 was sustained,
16 shall determine:
17         1. Whether Section 7-202 of this Code requires the
18     deposit of security by or on behalf of any person who was
19     the operator or owner of any motor vehicle in any manner
20     involved in the accident; and
21         2. What amount of security shall be sufficient to
22     satisfy any potential judgment or judgments for money
23     damages resulting from the accident as may be recovered

 

 

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1     against the operator or owner, which amount shall in no
2     event be less than $1,500 (or $500 if any of the vehicles
3     involved in the accident is subject to Section 7-601 but is
4     not covered by a liability insurance policy in accordance
5     with Section 7-601) $500.
6 (Source: P.A. 87-829.)
 
7     (625 ILCS 5/7-204)  (from Ch. 95 1/2, par. 7-204)
8     Sec. 7-204. Form and amount of security - Definition.
9     (A) Any security required to be deposited under this Act
10 shall be in the form as the Secretary of State may require by
11 administrative rule, and in the amounts as the Administrator
12 may determine to be sufficient to satisfy any judgment or
13 judgments for damages against an operator or owner but in no
14 case in excess of the limits specified in Section 7-203 of this
15 Act in reference to the acceptable limits of a policy or bond
16 nor for an amount less than $1,500 (or $500 if any of the
17 vehicles involved in the accident is subject to Section 7-601
18 but is not covered by a liability insurance policy in
19 accordance with Section 7-601) $500.
20     (B) The person depositing security shall specify in writing
21 the person or persons on whose behalf the deposit is made and,
22 while at any time the deposit is in the custody of the
23 Secretary of State or State Treasurer, the person depositing it
24 may, in writing, amend the specification of the person or
25 persons on whose behalf the deposit is made to include an

 

 

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1 additional person or persons; provided, however, that a single
2 deposit of security shall be applicable only on behalf of
3 persons, required to furnish security because of the same
4 accident.
5     (C) Within 10 days after any security required under the
6 provisions of this Article is deposited with the Secretary of
7 State, the Secretary shall send notice of the security deposit
8 to the following, if known:
9         1. To each owner and operator of any vehicle involved
10     in the accident that sustained damage in excess of $1,500
11     (or $500 if any of the vehicles involved in the accident is
12     subject to Section 7-601 but is not covered by a liability
13     insurance policy in accordance with Section 7-601) $500;
14         2. To any person who sustained damage to personal or
15     real property in excess of $1,500 (or $500 if any of the
16     vehicles involved in the accident is subject to Section
17     7-601 but is not covered by a liability insurance policy in
18     accordance with Section 7-601) $500;
19         3. To any person who was injured as a result of the
20     accident; and
21         4. To the estate of any person killed as a result of
22     the accident.
23 (Source: P.A. 87-829.)
 
24     (625 ILCS 5/7-212)  (from Ch. 95 1/2, par. 7-212)
25     Sec. 7-212. Authority of Administrator and Secretary of

 

 

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1 State to decrease amount of security. The Administrator may
2 reduce the amount of security ordered in any case within one
3 year after the date of the accident, but in no event for an
4 amount less than $1,500 (or $500 if any of the vehicles
5 involved in the accident is subject to Section 7-601 but is not
6 covered by a liability insurance policy in accordance with
7 Section 7-601) $500, if, in the judgment of the Administrator
8 the amount ordered is excessive, or may revoke or rescind its
9 order requiring the deposit of security in any case within one
10 year after the date of the accident if, in the judgment of the
11 Administrator, the provisions of Sections 7-202 and 7-203
12 excuse or exempt the operator or owner from the requirement of
13 the deposit. In case the security originally ordered has been
14 deposited the excess of the reduced amount ordered shall be
15 returned to the depositor or his personal representative
16 forthwith, notwithstanding the provisions of Section 7-214.
17 The Secretary of State likewise shall have authority granted to
18 the Administrator to reduce the amount of security ordered by
19 the Administrator.
20 (Source: P.A. 87-829.)
 
21     (625 ILCS 5/11-406)  (from Ch. 95 1/2, par. 11-406)
22     Sec. 11-406. Duty to report accident.
23     (a) The driver of a vehicle that is in any manner involved
24 in an accident within this State, resulting in injury to or
25 death of any person, or in which damage to the property of any

 

 

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1 one person, including himself, in excess of $1,500 (or $500 if
2 any of the vehicles involved in the accident is subject to
3 Section 7-601 but is not covered by a liability insurance
4 policy in accordance with Section 7-601) $500 is sustained,
5 shall, as soon as possible but not later than 10 days after the
6 accident, forward a written report of the accident to the
7 Administrator.
8     (b) Whenever a school bus is involved in an accident in
9 this State, caused by a collision, a sudden stop or otherwise,
10 resulting in any property damage, personal injury or death and
11 whenever an accident occurs within 50 feet of a school bus in
12 this State resulting in personal injury to or the death of any
13 person while awaiting or preparing to board the bus or
14 immediately after exiting the bus, the driver shall as soon as
15 possible but not later than 10 days after the accident, forward
16 a written report to the Department of Transportation. If a
17 report is also required under Subsection (a) of this Section,
18 that report and the report required by this Subsection shall be
19 submitted on a single form.
20     (c) The Administrator may require any driver, occupant or
21 owner of a vehicle involved in an accident of which report must
22 be made as provided in this Section or Section 11-410 of this
23 Chapter to file supplemental reports whenever the original
24 report is insufficient in the opinion of the Secretary of State
25 or the Administrator, and may require witnesses of the accident
26 to submit written reports to the Administrator. The report may

 

 

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1 include photographs, charts, sketches, and graphs.
2     (d) Should the Administrator learn through other reports of
3 accidents required by law of the occurrence of an accident
4 reportable under this Article and the driver, owner, or witness
5 has not reported as required under Subsections (a), (b) or (c)
6 of this Section or Section 11-410, within the time specified,
7 the person is not relieved of the responsibility and the
8 Administrator shall notify the person by first class mail
9 directed to his last known address of his legal obligation.
10 However, the notification is not a condition precedent to
11 impose the penalty for failure to report as provided in
12 Subsection (e).
13     (e) The Secretary of State shall suspend the driver's
14 license or any non-resident's driving privilege of any person
15 who fails or neglects to make report of a traffic accident as
16 required or as required by any other law of this State.
17 (Source: P.A. 87-829.)