(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 device propelled by human power upon which
any person may ride, having two tandem wheels except scooters and similar devices.
(Source: P.A. 85-951.)
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(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) (This Section may contain text from a Public Act with a delayed effective date) 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) (This Section may contain text from a Public Act with a delayed effective date) Sec. 1-115.01. Detached catalytic converter. "Detached catalytic converter" means a catalytic converter, as defined in Section 1-110.05 of the Code, that was previously installed on a motor vehicle and subsequently removed. (Source: P.A. 103-677, eff. 1-1-25.) |
(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 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.
(Source: P.A. 90-89, eff. 1-1-98.)
|
(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 | ||
| ||
(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.)
|
(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.)
|
(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.
(Source: P.A. 97-412, eff. 1-1-12.) |
(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.)
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(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, bicycle, or electric personal assistive mobility device that is designated or authorized by proper local authorities for fire department use.
(Source: P.A. 95-28, eff. 8-7-07.) |
(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.)
|
(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.)
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(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.)
|
(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.)
|
(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.)
|
(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.)
|
(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.)
|
(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.)
|
(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.)
|
(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.)
|
(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.)
|
(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.)
|
(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.)
|
(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.)
|
(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.)
|
(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.)
|
(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.)
|
(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.)
|
(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.)
|
(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.)
|
(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.)
|
(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.)
|
(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.)
|
(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.)
|
(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 | ||
| ||
(c) "Class 3 low-speed electric bicycle" means a | ||
| ||
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) (Text of Section before amendment by P.A. 103-706)
Sec. 1-140.15. Low-speed gas bicycle. A 2 or 3-wheeled device with fully operable pedals and a gasoline motor of less than one horsepower, whose maximum speed on a paved level surface, when powered solely by such a motor while ridden by an operator who weighs 170 pounds, is less than 20 miles per hour.
(Source: P.A. 96-125, eff. 1-1-10.) (Text of Section after amendment by P.A. 103-706) 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.)
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(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.)
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(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. 96-410, eff. 7-1-10; 97-378, eff. 8-15-11.) |
(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.)
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(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.)
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(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.)
|
(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.)
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(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.)
|
(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.)
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(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)
(Text of Section before amendment by P.A. 103-706)
Sec. 1-158. Pedestrian. Any person afoot or wearing in-line speed skates, including a person with a
physical, hearing, or visual disability.
(Source: P.A. 97-1023, eff. 1-1-13.)
(Text of Section after amendment by P.A. 103-706) 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.)
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(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.)
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(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.)
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(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.)
|
(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.)
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(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.)
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(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.)
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(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.)
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(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.)
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(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.)
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(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.)
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(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.)
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(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.)
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(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.)
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(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.)
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(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.)
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(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) 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.) |
(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.)
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(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.)
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(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
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(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.
(Source: P.A. 76-1586.)
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(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) (Text of Section before amendment by P.A. 103-989) 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 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. (Source: P.A. 102-455, eff. 1-1-22; 103-249, eff. 1-1-24.) (Text of Section after amendment by P.A. 103-989) 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 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. 102-455, eff. 1-1-22; 103-249, eff. 1-1-24; 103-989, eff. 1-1-25.) |
(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 (Commercial Driver's License Information System/American Association of Motor Vehicle Administrators network/National Motor Vehicle Title Information Service 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. 102-538, eff. 8-20-21; 103-8, eff. 7-1-23; 103-605, eff. 7-1-24.) |
(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. 102-982, eff. 7-1-23; 103-8, eff. 7-1-23.)
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(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 for any vehicle for which an application for a
certificate of title has been made under this Article and which must be
driven on the roads and highways of this State to a place of inspection.
(Source: P.A. 84-1302; 84-1304.)
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(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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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.)
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(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. 102-538, eff. 8-20-21; 102-1069, eff. 7-1-23.)
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(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) (Text of Section before amendment by P.A. 103-706) 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 front and one in the
rear. 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 rear 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 front 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. 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 front 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 rear 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.(Source: P.A. 101-395, eff. 8-16-19.) (Text of Section after amendment by P.A. 103-706) 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, 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 displays evidence of registration altered in any manner or displaying any medallion, insignia, sticker, or other object as prescribed in this subsection. (Source: P.A. 103-706, eff. 1-1-25.) |
(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) (Text of Section before amendment by P.A. 103-660) 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, or 3-699.20 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. 101-51, eff. 7-12-19; 102-154, eff. 1-1-22.) (Text of Section after amendment by P.A. 103-660) 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 3-699.22 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. 102-154, eff. 1-1-22; 103-660, eff. 1-1-25.) |
(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:
(1) violated this Code;
(2) made any material misrepresentation to the | ||||||||||||||||||||||||||||||||||||||||||||||||
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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) (Text of Section before amendment by P.A. 103-843) 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. 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.) (Text of Section after amendment by P.A. 103-843) 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) (Text of Section before amendment by P.A. 103-843) 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.
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.) (Text of Section after amendment by P.A. 103-843) 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) (Text of Section before amendment by P.A. 103-843) 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. 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.) (Text of Section after amendment by P.A. 103-843) 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) (Text of Section before amendment by P.A. 103-843) 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, 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. 101-395, eff. 8-16-19.) (Text of Section after amendment by P.A. 103-843) 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. 101-395, eff. 8-16-19; 101-536, eff. 1-1-20; 102-273, eff. 8-6-21; 102-558, eff. 8-20-21.)
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(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.
(Source: P.A. 101-262, eff. 1-1-20.) |
(625 ILCS 5/3-610) (from Ch. 95 1/2, par. 3-610) (Text of Section before amendment by P.A. 103-843) 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. 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.) (Text of Section after amendment by P.A. 103-843) 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) (Text of Section before amendment by P.A. 103-843) 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. 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 Retired
Members of the Illinois Congressional Delegation 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.) (Text of Section after amendment by P.A. 103-843) 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 Retired Members of the Illinois Congressional Delegation 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.) |
(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) (Text of Section before amendment by P.A. 103-843) 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, 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, 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 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, or assistant fire chief of the fire department. 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, or assistant fire chief 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, 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. 102-448, eff. 1-1-22.) (Text of Section after amendment by P.A. 103-843) 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, 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, 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, or assistant fire chief of the fire department. 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, or assistant fire chief 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, 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. 102-448, eff. 1-1-22; 103-843, eff. 1-1-25.) |
(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) (Text of Section before amendment by P.A. 103-843) 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 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. 76-1586.) (Text of Section after amendment by P.A. 103-843) 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) (Text of Section before amendment by P.A. 103-843) 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. 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. 85-992.) (Text of Section after amendment by P.A. 103-843) 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) (Text of Section before amendment by P.A. 103-843) Sec. 3-616. Disability license plates. (a) Upon receiving an application for a certificate of registration for
a motor vehicle of the first division 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, or by a licensed
advanced practice registered nurse, 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, or advanced practice registered nurse'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 or a licensed advanced practice registered nurse 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, or the physician assistant or advanced
practice registered nurse 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.(Source: P.A. 99-143, eff. 7-27-15; 99-173, eff. 7-29-15; 99-642, eff. 7-28-16; 100-513, eff. 1-1-18.) (Text of Section after amendment by P.A. 103-843) 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, or by a licensed advanced practice registered nurse, 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, or advanced practice registered nurse'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 or a licensed advanced practice registered nurse 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, or the physician assistant or advanced practice registered nurse 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.(Source: P.A. 103-843, eff. 1-1-25.) |
(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) (Text of Section before amendment by P.A. 103-843) 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, 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. 88-333; 88-670, eff. 12-2-94; 89-282, eff. 8-10-95.) (Text of Section after amendment by P.A. 103-843) 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) (Text of Section before amendment by P.A. 103-843) 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 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. 95-444, eff. 8-27-07.) (Text of Section after amendment by P.A. 103-843) 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) (Text of Section before amendment by P.A. 103-843) 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
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. 97-1151, eff. 1-25-13.) (Text of Section after amendment by P.A. 103-843) 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) (Text of Section before amendment by P.A. 103-843) 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, 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. 89-611, eff. 1-1-97; 90-14, eff. 7-1-97.) (Text of Section after amendment by P.A. 103-843) 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) (Text of Section before amendment by P.A. 103-843) 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, 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. 89-611, eff. 1-1-97; 90-14, eff. 7-1-97.) (Text of Section after amendment by P.A. 103-843) 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.)
|
(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) (Text of Section before amendment by P.A. 103-843) 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 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. 99-294, eff. 1-1-16.) (Text of Section after amendment by P.A. 103-843) 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) (Text of Section before amendment by P.A. 103-843) Sec. 3-636. Knights of Columbus 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 Knights of Columbus 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. 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 Knights of Columbus 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 Knights of Columbus Fund and $2 shall be deposited into the
Secretary of State Special License Plate Fund. (d) The Knights of Columbus Fund is created as a special fund in the State
treasury. All money in the Knights of Columbus Fund shall be paid, subject to
appropriation
by the General Assembly
and distribution by the Secretary, as grants to charitable entities designated
by the Knights of Columbus.(Source: P.A. 97-409, eff. 1-1-12.) (Text of Section after amendment by P.A. 103-843) Sec. 3-636. Knights of Columbus 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 Knights of Columbus 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 Knights of Columbus 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 Knights of Columbus Fund and $2 shall be deposited into the Secretary of State Special License Plate Fund. (d) The Knights of Columbus Fund is created as a special fund in the State treasury. All money in the Knights of Columbus Fund shall be paid, subject to appropriation by the General Assembly and distribution by the Secretary, as grants to charitable entities designated by the Knights of Columbus.(Source: P.A. 103-843, eff. 1-1-25.) |
(625 ILCS 5/3-637) (Text of Section before amendment by P.A. 103-843) Sec. 3-637. D.A.R.E.
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 D.A.R.E. (Drug Abuse Resistance Education) license plates.
The special plates issued under this Section shall be affixed only to passenger
vehicles of the first division, 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, $10
shall be deposited into the State D.A.R.E. Fund; $10 shall
be deposited into the County D.A.R.E. Fund if the county, as indicated by the
applicant's address,
has a D.A.R.E. program, otherwise the $10 fee shall be deposited into
the State D.A.R.E. Fund;
$10 shall be deposited
into the Municipal D.A.R.E. Fund if the municipality, as indicated by the
applicant's address, has a D.A.R.E. program, otherwise the $10 fee shall be
deposited into the County D.A.R.E. Fund if the county, as indicated by the
applicant's address, has a D.A.R.E. program, otherwise the $10 fee shall be
deposited into the State D.A.R.E. Fund;
and $15 shall be deposited into the Secretary of State
Special License Plate Fund. For each registration renewal period, a $29 fee, in addition to the
appropriate registration fee, shall be charged. Of this fee, $9 shall be
deposited into the State D.A.R.E. Fund; $9 shall be deposited into the
County D.A.R.E. Fund if the
county, as indicated by the applicant's address,
has a D.A.R.E. program, otherwise the $9 fee
shall be deposited into the State D.A.R.E. Fund;
$9 shall be deposited
into the Municipal D.A.R.E. Fund if the municipality, as indicated by the
applicant's address, has a D.A.R.E. program, otherwise the $9 fee shall be
deposited into the County D.A.R.E. Fund if the county, as indicated by the
applicant's address, has a D.A.R.E. program, otherwise the $9 fee shall be
deposited into the State D.A.R.E. Fund;
and $2 shall be deposited into
the Secretary of State Special License Plate Fund. (d) The State D.A.R.E. Fund is created as a special fund in the State
Treasury. All money in the State D.A.R.E. Fund shall be paid, subject to appropriation by the General Assembly and approval by the Secretary, as grants to the Illinois D.A.R.E. Officers Association for its
D.A.R.E. program. The County D.A.R.E. Fund is created as a special fund in the State Treasury.
All money in the County D.A.R.E. Fund shall be distributed, subject to
appropriation by the General Assembly, to the Secretary. The
Secretary shall make grants of this money to counties for their
D.A.R.E. programs based on the proportion of money the County D.A.R.E. Fund has
received from each county, as indicated by the applicant's address. The Municipal D.A.R.E. Fund is created as a special fund in the State
Treasury. All money in the Municipal D.A.R.E. Fund shall be distributed,
subject to appropriation by the General Assembly, to the Secretary.
The Secretary shall make grants of this money to municipalities
for their D.A.R.E. programs based on the proportion of money the Municipal
D.A.R.E. Fund has received from each municipality, as indicated by the
applicant's address.(Source: P.A. 97-206, eff. 7-28-11.) (Text of Section after amendment by P.A. 103-843) Sec. 3-637. D.A.R.E. 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 D.A.R.E. (Drug Abuse Resistance Education) 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, $10 shall be deposited into the State D.A.R.E. Fund; $10 shall be deposited into the County D.A.R.E. Fund if the county, as indicated by the applicant's address, has a D.A.R.E. program, otherwise the $10 fee shall be deposited into the State D.A.R.E. Fund; $10 shall be deposited into the Municipal D.A.R.E. Fund if the municipality, as indicated by the applicant's address, has a D.A.R.E. program, otherwise the $10 fee shall be deposited into the County D.A.R.E. Fund if the county, as indicated by the applicant's address, has a D.A.R.E. program, otherwise the $10 fee shall be deposited into the State D.A.R.E. Fund; and $15 shall be deposited into the Secretary of State Special License Plate Fund. For each registration renewal period, a $29 fee, in addition to the appropriate registration fee, shall be charged. Of this fee, $9 shall be deposited into the State D.A.R.E. Fund; $9 shall be deposited into the County D.A.R.E. Fund if the county, as indicated by the applicant's address, has a D.A.R.E. program, otherwise the $9 fee shall be deposited into the State D.A.R.E. Fund; $9 shall be deposited into the Municipal D.A.R.E. Fund if the municipality, as indicated by the applicant's address, has a D.A.R.E. program, otherwise the $9 fee shall be deposited into the County D.A.R.E. Fund if the county, as indicated by the applicant's address, has a D.A.R.E. program, otherwise the $9 fee shall be deposited into the State D.A.R.E. Fund; and $2 shall be deposited into the Secretary of State Special License Plate Fund. (d) The State D.A.R.E. Fund is created as a special fund in the State Treasury. All money in the State D.A.R.E. Fund shall be paid, subject to appropriation by the General Assembly and approval by the Secretary, as grants to the Illinois D.A.R.E. Officers Association for its D.A.R.E. program. The County D.A.R.E. Fund is created as a special fund in the State Treasury. All money in the County D.A.R.E. Fund shall be distributed, subject to appropriation by the General Assembly, to the Secretary. The Secretary shall make grants of this money to counties for their D.A.R.E. programs based on the proportion of money the County D.A.R.E. Fund has received from each county, as indicated by the applicant's address. The Municipal D.A.R.E. Fund is created as a special fund in the State Treasury. All money in the Municipal D.A.R.E. Fund shall be distributed, subject to appropriation by the General Assembly, to the Secretary. The Secretary shall make grants of this money to municipalities for their D.A.R.E. programs based on the proportion of money the Municipal D.A.R.E. Fund has received from each municipality, as indicated by the applicant's address.(Source: P.A. 103-843, eff. 1-1-25.) |
(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) (Text of Section before amendment by P.A. 103-843) 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 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. 101-395, eff. 8-16-19.) (Text of Section after amendment by P.A. 103-843) 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) (Text of Section before amendment by P.A. 103-843) 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 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. 90-527, eff. 11-13-97.) (Text of Section after amendment by P.A. 103-843) 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) (Text of Section before amendment by P.A. 103-843) 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 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. 101-358, eff. 1-1-20.) (Text of Section after amendment by P.A. 103-843) 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.)
|
(625 ILCS 5/3-643) (Text of Section before amendment by P.A. 103-843) 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 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
and distribution by the Illinois Department of Public Health, to 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. 102-967, eff. 1-1-23.) (Text of Section after amendment by P.A. 103-843) 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 and distribution by the Illinois Department of Public Health, to 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. 102-967, eff. 1-1-23; 103-843, eff. 1-1-25.) |
(625 ILCS 5/3-644) (Text of Section before amendment by P.A. 103-843) 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 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. 101-376, eff. 8-16-19.) (Text of Section after amendment by P.A. 103-843) 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.)
|
(625 ILCS 5/3-646) (Text of Section before amendment by P.A. 103-843) 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 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. 97-409, eff. 1-1-12.) (Text of Section after amendment by P.A. 103-843) 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.)
|
(625 ILCS 5/3-648) (Text of Section before amendment by P.A. 103-843) 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 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. 98-533, eff. 8-23-13.) (Text of Section after amendment by P.A. 103-843) 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) (Text of Section before amendment by P.A. 103-843) 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 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. 92-477, eff. 1-1-02.) (Text of Section after amendment by P.A. 103-843) 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.)
|
(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) (Text of Section before amendment by P.A. 103-843) Sec. 3-652. Chicago and Northeast Illinois District Council
of Carpenters 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 and Northeast Illinois District Council of Carpenters
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. 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
Chicago and Northeast Illinois District Council of Carpenters
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 and Northeast Illinois District Council of Carpenters
Fund and $2 shall be deposited into the
Secretary of State Special License Plate Fund. (d) The Chicago and Northeast Illinois District Council of Carpenters
Fund is created as a special fund in the State
treasury. All moneys in the
Chicago and Northeast Illinois District Council of Carpenters
Fund shall be paid, subject to
appropriation
by the General Assembly
and distribution by the Secretary, as grants to charitable entities designated
by the
Chicago and Northeast Illinois District Council of Carpenters.(Source: P.A. 97-409, eff. 1-1-12.) (Text of Section after amendment by P.A. 103-843) Sec. 3-652. Chicago and Northeast Illinois District Council of Carpenters 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 and Northeast Illinois District Council of Carpenters 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 Chicago and Northeast Illinois District Council of Carpenters 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 and Northeast Illinois District Council of Carpenters Fund and $2 shall be deposited into the Secretary of State Special License Plate Fund. (d) The Chicago and Northeast Illinois District Council of Carpenters Fund is created as a special fund in the State treasury. All moneys in the Chicago and Northeast Illinois District Council of Carpenters Fund shall be paid, subject to appropriation by the General Assembly and distribution by the Secretary, as grants to charitable entities designated by the Chicago and Northeast Illinois District Council of Carpenters.(Source: P.A. 103-843, eff. 1-1-25.) |
(625 ILCS 5/3-653) (Text of Section before amendment by P.A. 103-843) 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, 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. 94-639, eff. 8-22-05; 95-331, eff. 8-21-07.) (Text of Section after amendment by P.A. 103-843) 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) (Text of Section before amendment by P.A. 103-843) Sec. 3-654. Illinois Public Broadcasting System Stations
special 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 Public Broadcasting System Stations special
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.
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 Public Broadcasting
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
Public Broadcasting
Fund and $2 shall be deposited
into the Secretary of State Special License Plate Fund. (d) The Public Broadcasting Fund is created as a special fund in the
State treasury. Subject to appropriation by the General Assembly and distribution
by the Secretary, the Secretary shall pay
all moneys in the Public Broadcasting Fund
to the various Public Broadcasting System stations in Illinois for operating
costs.(Source: P.A. 97-409, eff. 1-1-12.) (Text of Section after amendment by P.A. 103-843) Sec. 3-654. Illinois Public Broadcasting System Stations special 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 Public Broadcasting System Stations special 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, 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 Public Broadcasting 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 Public Broadcasting Fund and $2 shall be deposited into the Secretary of State Special License Plate Fund. (d) The Public Broadcasting Fund is created as a special fund in the State treasury. Subject to appropriation by the General Assembly and distribution by the Secretary, the Secretary shall pay all moneys in the Public Broadcasting Fund to the various Public Broadcasting System stations in Illinois for operating costs.(Source: P.A. 103-843, eff. 1-1-25.) |
(625 ILCS 5/3-655) (Text of Section before amendment by P.A. 103-843) 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 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. 97-409, eff. 1-1-12.) (Text of Section after amendment by P.A. 103-843) 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) (Text of Section before amendment by P.A. 103-843) 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 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. 97-409, eff. 1-1-12.) (Text of Section after amendment by P.A. 103-843) 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) (Text of Section before amendment by P.A. 103-843) 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 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.) (Text of Section after amendment by P.A. 103-843) 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) (Text of Section before amendment by P.A. 103-843) 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 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. 97-409, eff. 1-1-12.) (Text of Section after amendment by P.A. 103-843) 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.)
|
(625 ILCS 5/3-662) (Text of Section before amendment by P.A. 103-843) Sec. 3-662. Stop Neuroblastoma 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 Stop Neuroblastoma license plates. The special plates issued
under this Section shall be affixed only to passenger vehicles of the first
division 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 following phrases shall be on the
plates: (i) "Stop Neuroblastoma" and (ii) "Stop Cancer". 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 Stop Neuroblastoma 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 Stop Neuroblastoma Fund and $2 shall be deposited into the
Secretary of State Special License Plate Fund. (d) The Stop Neuroblastoma Fund is created as a special fund in
the State treasury. All money in the Stop Neuroblastoma Fund shall be paid,
subject to appropriation by the General Assembly and distribution by the
Secretary, as grants to the American Cancer Society for neuroblastoma and
cancer research, education, screening, and treatment.(Source: P.A. 97-409, eff. 1-1-12.) (Text of Section after amendment by P.A. 103-843) Sec. 3-662. Stop Neuroblastoma 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 Stop Neuroblastoma 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 following phrases shall be on the plates: (i) "Stop Neuroblastoma" and (ii) "Stop Cancer". 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 Stop Neuroblastoma 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 Stop Neuroblastoma Fund and $2 shall be deposited into the Secretary of State Special License Plate Fund. (d) The Stop Neuroblastoma Fund is created as a special fund in the State treasury. All money in the Stop Neuroblastoma Fund shall be paid, subject to appropriation by the General Assembly and distribution by the Secretary, as grants to the American Cancer Society for neuroblastoma and cancer research, education, screening, and treatment.(Source: P.A. 103-843, eff. 1-1-25.) |
(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) (Text of Section before amendment by P.A. 103-843) 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 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, | ||
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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.) (Text of Section after amendment by P.A. 103-843) 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) (Text of Section before amendment by P.A. 103-843) 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 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. 97-409, eff. 1-1-12.) (Text of Section after amendment by P.A. 103-843) 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) (Text of Section before amendment by P.A. 103-843) 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 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. 97-306, eff. 1-1-12.) (Text of Section after amendment by P.A. 103-843) 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) (Text of Section before amendment by P.A. 103-843) 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 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. 97-409, eff. 1-1-12.) (Text of Section after amendment by P.A. 103-843) 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) (Text of Section before amendment by P.A. 103-843) 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
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. 97-409, eff. 1-1-12.) (Text of Section after amendment by P.A. 103-843) 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) (Text of Section before amendment by P.A. 103-843) 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 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. 97-409, eff. 1-1-12.) (Text of Section after amendment by P.A. 103-843) 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) (Text of Section before amendment by P.A. 103-843) 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 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. 97-409, eff. 1-1-12.) (Text of Section after amendment by P.A. 103-843) 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) (Text of Section before amendment by P.A. 103-843) 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 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. 96-328, eff. 8-11-09; 97-409, eff. 1-1-12.) (Text of Section after amendment by P.A. 103-843) 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) (Text of Section before amendment by P.A. 103-843) 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 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. 97-409, eff. 1-1-12.) (Text of Section after amendment by P.A. 103-843) 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) (Text of Section before amendment by P.A. 103-843) 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 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. 97-409, eff. 1-1-12.) (Text of Section after amendment by P.A. 103-843) 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) (Text of Section before amendment by P.A. 103-843) 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, 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. 95-523, eff. 6-1-08; 95-876, eff. 8-21-08.) (Text of Section after amendment by P.A. 103-843) 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) (Text of Section before amendment by P.A. 103-843) 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 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.) (Text of Section after amendment by P.A. 103-843) 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) (Text of Section before amendment by P.A. 103-843) Sec. 3-684. Illinois EMS Memorial Scholarship and Training 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 EMS Memorial Scholarship and Training license plates. The special plates issued under this Section shall be affixed only to passenger vehicles of the first division, motor vehicles of the second division weighing not more than 8,000 pounds, 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 EMS Memorial Scholarship and Training 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 EMS Memorial Scholarship and Training Fund. (d) The Illinois EMS Memorial Scholarship and Training Fund is created as a special fund in the State treasury. All money in the Illinois EMS Memorial Scholarship and Training Fund shall, subject to appropriation by the General Assembly and distribution by the Secretary of State, as grants to the EMS Memorial Scholarship and Training Council, a not-for-profit corporation, for the purposes (i) of providing scholarships for graduate study, undergraduate study, or both, to children and spouses of emergency medical services (EMS) personnel killed in the course of their employment, and (ii) for grants for the training of EMS personnel. (Source: P.A. 96-591, eff. 8-18-09; 96-1000, eff. 7-2-10; 97-409, eff. 1-1-12.) (Text of Section after amendment by P.A. 103-843) Sec. 3-684. Illinois EMS Memorial Scholarship and Training 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 EMS Memorial Scholarship and Training 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, 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 EMS Memorial Scholarship and Training 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 EMS Memorial Scholarship and Training Fund. (d) The Illinois EMS Memorial Scholarship and Training Fund is created as a special fund in the State treasury. All money in the Illinois EMS Memorial Scholarship and Training Fund shall, subject to appropriation by the General Assembly and distribution by the Secretary of State, as grants to the EMS Memorial Scholarship and Training Council, a not-for-profit corporation, for the purposes (i) of providing scholarships for graduate study, undergraduate study, or both, to children and spouses of emergency medical services (EMS) personnel killed in the course of their employment, and (ii) for grants for the training of EMS personnel. (Source: P.A. 103-843, eff. 1-1-25.) |
(625 ILCS 5/3-685) (Text of Section before amendment by P.A. 103-843) Sec. 3-685. United Auto Workers 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 United Auto Workers
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. 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
United Auto Workers' 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
United Auto Workers' Fund and $2 shall be deposited into the
Secretary of State Special License Plate Fund.
(d) The United Auto Workers' Fund is created as a special fund in the State
treasury. All moneys in the
United Auto Workers' 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 unions affiliated with the United Auto Workers.
(Source: P.A. 96-687, eff. 1-1-10; 97-409, eff. 1-1-12.) (Text of Section after amendment by P.A. 103-843) Sec. 3-685. United Auto Workers 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 United Auto Workers 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 United Auto Workers' 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 United Auto Workers' Fund and $2 shall be deposited into the Secretary of State Special License Plate Fund. (d) The United Auto Workers' Fund is created as a special fund in the State treasury. All moneys in the United Auto Workers' 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 unions affiliated with the United Auto Workers. (Source: P.A. 103-843, eff. 1-1-25.) |
(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) (Text of Section before amendment by P.A. 103-843) 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, 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. 96-687, eff. 1-1-10; 96-1000, eff. 7-2-10; 97-409, eff. 1-1-12.) (Text of Section after amendment by P.A. 103-843) 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) (Text of Section before amendment by P.A. 103-843) 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 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. 96-1006, eff. 1-1-11; 97-333, eff. 8-12-11; 97-409, eff. 1-1-12.) (Text of Section after amendment by P.A. 103-843) 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) (Text of Section before amendment by P.A. 103-843) Sec. 3-690. St. Jude Children's Research Hospital 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 St. Jude Children's Research Hospital license plates. The special St. Jude Children's Research Hospital plate issued under this Section shall be affixed only to passenger vehicles of the first division 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 St. Jude Children's Research 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 St. Jude Children's Research Fund and $2 shall be deposited into the Secretary of State Special License Plate Fund. (d) The St. Jude Children's Research Fund is created as a special fund in the State treasury. All money in the St. Jude Children's Research Fund shall be paid, subject to appropriation by the General Assembly and distribution by the Secretary, as grants to St. Jude Children's Research Hospital for pediatric treatment and research. All interest earned on moneys in the Fund shall be deposited into the Fund. The Fund shall not be subject to administrative charges or chargebacks, such as but not limited to those authorized under Section 8h of the State Finance Act.(Source: P.A. 96-1377, eff. 1-1-11; 97-333, eff. 8-12-11; 97-409, eff. 1-1-12.) (Text of Section after amendment by P.A. 103-843) Sec. 3-690. St. Jude Children's Research Hospital 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 St. Jude Children's Research Hospital license plates. The special St. Jude Children's Research Hospital 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 St. Jude Children's Research 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 St. Jude Children's Research Fund and $2 shall be deposited into the Secretary of State Special License Plate Fund. (d) The St. Jude Children's Research Fund is created as a special fund in the State treasury. All money in the St. Jude Children's Research Fund shall be paid, subject to appropriation by the General Assembly and distribution by the Secretary, as grants to St. Jude Children's Research Hospital for pediatric treatment and research. All interest earned on moneys in the Fund shall be deposited into the Fund. The Fund shall not be subject to administrative charges or chargebacks, such as but not limited to those authorized under Section 8h of the State Finance Act.(Source: P.A. 103-843, eff. 1-1-25.) |
(625 ILCS 5/3-691) (Text of Section before amendment by P.A. 103-843) 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 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. 97-333, eff. 8-12-11; 98-275, eff. 1-1-14.) (Text of Section after amendment by P.A. 103-843) 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) (Text of Section before amendment by P.A. 103-843) (Section scheduled to be repealed on January 1, 2025) Sec. 3-692. Soil and Water Conservation District 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 Soil and Water Conservation District license plates. The special Soil and Water Conservation District plate issued under this Section shall be affixed only to passenger vehicles of the first division 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 Soil and Water Conservation District 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 Soil and Water Conservation District Fund and $2 shall be deposited into the Secretary of State Special License Plate Fund. (d) The Soil and Water Conservation District Fund is created as a special fund in the State treasury. All money in the Soil and Water Conservation District Fund shall be paid, subject to appropriation by the General Assembly and distribution by the Secretary, as grants to Illinois soil and water conservation districts for projects that conserve and restore soil and water in Illinois. All interest earned on moneys in the Fund shall be deposited into the Fund. The Fund shall not be subject to administrative charges or chargebacks, such as but not limited to those authorized under Section 8h of the State Finance Act. (e) Notwithstanding any other provision of law, 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 Soil and Water Conservation District Fund into the Partners for Conservation Fund. Upon completion of the transfers, the Soil and Water Conservation District Fund is dissolved, and any future deposits due to that Fund and any outstanding obligations or liabilities of that Fund shall pass to the Partners for Conservation Fund. (f) This Section is repealed on January 1, 2025.(Source: P.A. 103-8, eff. 6-7-23; 103-563, eff. 11-17-23.) (Text of Section after amendment by P.A. 103-843) (Section scheduled to be repealed on January 1, 2025) Sec. 3-692. Soil and Water Conservation District 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 Soil and Water Conservation District license plates. The special Soil and Water Conservation District 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 Soil and Water Conservation District 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 Soil and Water Conservation District Fund and $2 shall be deposited into the Secretary of State Special License Plate Fund. (d) The Soil and Water Conservation District Fund is created as a special fund in the State treasury. All money in the Soil and Water Conservation District Fund shall be paid, subject to appropriation by the General Assembly and distribution by the Secretary, as grants to Illinois soil and water conservation districts for projects that conserve and restore soil and water in Illinois. All interest earned on moneys in the Fund shall be deposited into the Fund. The Fund shall not be subject to administrative charges or chargebacks, such as but not limited to those authorized under Section 8h of the State Finance Act. (e) Notwithstanding any other provision of law, 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 Soil and Water Conservation District Fund into the Partners for Conservation Fund. Upon completion of the transfers, the Soil and Water Conservation District Fund is dissolved, and any future deposits due to that Fund and any outstanding obligations or liabilities of that Fund shall pass to the Partners for Conservation Fund. (f) This Section is repealed on January 1, 2025.(Source: P.A. 103-8, eff. 6-7-23; 103-563, eff. 11-17-23; 103-843, 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.)
|
(625 ILCS 5/3-694) (Text of Section before amendment by P.A. 103-843) Sec. 3-694. 4-H 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 4-H license plates. The special plates issued under this Section shall be affixed only to passenger vehicles of the first division 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. 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 4-H 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 $12 fee, in addition to the appropriate registration fee, shall be charged. Of this fee, $10 shall be deposited into the 4-H Fund and $2 shall be deposited into the Secretary of State Special License Plate Fund. (d) The 4-H Fund is created as a special fund in the State treasury. All money in the 4-H Fund shall be paid, subject to appropriation by the General Assembly and distribution by the Secretary of State, as grants to the Illinois 4-H Foundation, a tax exempt entity under Section 501(c)(3) of the Internal Revenue Code, for the funding of 4-H programs in Illinois.(Source: P.A. 96-1449, eff. 1-1-11; 97-333, eff. 8-12-11; 97-409, eff. 1-1-12; 97-813, eff. 7-13-12.) (Text of Section after amendment by P.A. 103-843) Sec. 3-694. 4-H 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 4-H 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. 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 4-H 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 $12 fee, in addition to the appropriate registration fee, shall be charged. Of this fee, $10 shall be deposited into the 4-H Fund and $2 shall be deposited into the Secretary of State Special License Plate Fund. (d) The 4-H Fund is created as a special fund in the State treasury. All money in the 4-H Fund shall be paid, subject to appropriation by the General Assembly and distribution by the Secretary of State, as grants to the Illinois 4-H Foundation, a tax exempt entity under Section 501(c)(3) of the Internal Revenue Code, for the funding of 4-H programs in Illinois.(Source: P.A. 103-843, eff. 1-1-25.) |
(625 ILCS 5/3-695) (Text of Section before amendment by P.A. 103-843) 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 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. 96-1449, eff. 1-1-11; 97-333, eff. 8-12-11; 97-409, eff. 1-1-12.) (Text of Section after amendment by P.A. 103-843) 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.)
|
(625 ILCS 5/3-698) (Text of Section before amendment by P.A. 103-843) 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, 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. 100-206, eff. 8-18-17.) (Text of Section after amendment by P.A. 103-843) 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) (Text of Section before amendment by P.A. 103-843) Sec. 3-699. National Wild Turkey Federation 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 National Wild Turkey Federation
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. 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 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 National Wild Turkey Federation 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
National Wild Turkey Federation Fund and $2 shall be deposited into the
Secretary of State Special License Plate Fund. (d) The National Wild Turkey Federation Fund is created as a special fund in the State
treasury. All moneys in the
National Wild Turkey Federation Fund shall be paid, subject to
appropriation
by the General Assembly
and distribution by the Secretary, as grants
to National Wild Turkey Federation, Inc., a tax exempt entity under Section 501(c)(3) of the Internal Revenue Code, to fund turkey habitat protection, enhancement, and restoration projects in the State of Illinois, to fund education and outreach for media, volunteers, members, and the general public regarding turkeys and turkey habitat conservation in the State of Illinois, and to cover the reasonable cost for National Wild Turkey Federation special plate advertising and administration of the conservation projects and education program.(Source: P.A. 98-66, eff. 1-1-14; 98-756, eff. 7-16-14.) (Text of Section after amendment by P.A. 103-843) Sec. 3-699. National Wild Turkey Federation 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 National Wild Turkey Federation 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 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 National Wild Turkey Federation 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 National Wild Turkey Federation Fund and $2 shall be deposited into the Secretary of State Special License Plate Fund. (d) The National Wild Turkey Federation Fund is created as a special fund in the State treasury. All moneys in the National Wild Turkey Federation Fund shall be paid, subject to appropriation by the General Assembly and distribution by the Secretary, as grants to National Wild Turkey Federation, Inc., a tax exempt entity under Section 501(c)(3) of the Internal Revenue Code, to fund turkey habitat protection, enhancement, and restoration projects in the State of Illinois, to fund education and outreach for media, volunteers, members, and the general public regarding turkeys and turkey habitat conservation in the State of Illinois, and to cover the reasonable cost for National Wild Turkey Federation special plate advertising and administration of the conservation projects and education program.(Source: P.A. 103-843, eff. 1-1-25.) |
(625 ILCS 5/3-699.1) (Text of Section before amendment by P.A. 103-843) Sec. 3-699.1. Curing Childhood Cancer 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 Curing Childhood Cancer 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.
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 $65 fee for original issuance in addition to the appropriate registration fee. Of this fee, $50 shall be deposited into the Curing Childhood Cancer 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 $52 fee, in addition to the appropriate registration fee, shall be charged. Of this fee, $50 shall be deposited into the Curing Childhood Cancer Fund and $2 shall be deposited into the Secretary of State Special License Plate Fund. (d) The Curing Childhood Cancer Fund is created as a special fund in the State treasury. All money in the Curing Childhood Cancer Fund shall be paid, subject to appropriation by the General Assembly and distribution by the Secretary, in equal share as grants to the St. Jude Children's Research Hospital and the Children's Oncology Group for the purpose of funding scientific research on cancer.(Source: P.A. 98-66, eff. 1-1-14.) (Text of Section after amendment by P.A. 103-843) Sec. 3-699.1. Curing Childhood Cancer 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 Curing Childhood Cancer 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 $65 fee for original issuance in addition to the appropriate registration fee. Of this fee, $50 shall be deposited into the Curing Childhood Cancer 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 $52 fee, in addition to the appropriate registration fee, shall be charged. Of this fee, $50 shall be deposited into the Curing Childhood Cancer Fund and $2 shall be deposited into the Secretary of State Special License Plate Fund. (d) The Curing Childhood Cancer Fund is created as a special fund in the State treasury. All money in the Curing Childhood Cancer Fund shall be paid, subject to appropriation by the General Assembly and distribution by the Secretary, in equal share as grants to the St. Jude Children's Research Hospital and the Children's Oncology Group for the purpose of funding scientific research on cancer.(Source: P.A. 103-843, eff. 1-1-25.) |
(625 ILCS 5/3-699.2) (Text of Section before amendment by P.A. 103-843) 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 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. 98-96, eff. 1-1-14; 98-756, eff. 7-16-14.) (Text of Section after amendment by P.A. 103-843) 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) (Text of Section before amendment by P.A. 103-843) 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 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. 98-150, eff. 1-1-14; 98-756, eff. 7-16-14.) (Text of Section after amendment by P.A. 103-843) 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) (Text of Section before amendment by P.A. 103-843) Sec. 3-699.4. American Red Cross 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
American Red Cross
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. 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 within the
discretion of the Secretary, but shall include the American Red Cross official logo. 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
American Red Cross
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
American Red Cross
Fund and $2 shall be deposited into the
Secretary of State Special License Plate Fund. (d) The American Red Cross
Fund is created as a special fund in the State
treasury. All moneys in the
American Red Cross
Fund shall be paid, subject to
appropriation
by the General Assembly
and distribution by the Secretary, as grants to the American Red Cross or to charitable entities designated
by the
American Red Cross. (Source: P.A. 98-151, eff. 1-1-14; 98-756, eff. 7-16-14.) (Text of Section after amendment by P.A. 103-843) Sec. 3-699.4. American Red Cross 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 American Red Cross 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 within the discretion of the Secretary, but shall include the American Red Cross official logo. 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 American Red Cross 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 American Red Cross Fund and $2 shall be deposited into the Secretary of State Special License Plate Fund. (d) The American Red Cross Fund is created as a special fund in the State treasury. All moneys in the American Red Cross Fund shall be paid, subject to appropriation by the General Assembly and distribution by the Secretary, as grants to the American Red Cross or to charitable entities designated by the American Red Cross. (Source: P.A. 103-843, eff. 1-1-25.) |
(625 ILCS 5/3-699.5) (Text of Section before amendment by P.A. 103-843) Sec. 3-699.5. Illinois Police Benevolent and Protective 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 Benevolent and Protective Association license plates. The special plates issued under this Section shall be affixed only to passenger vehicles of the first division 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 Benevolent and Protective 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 Benevolent and Protective Association Fund and $2 shall be deposited into the Secretary of State Special License Plate Fund. (d) The Illinois Police Benevolent and Protective Association Fund is created as a special fund in the State treasury. All money in the Illinois Police Benevolent and Protective Association Fund shall be paid, subject to appropriation by the General Assembly and distribution by the Secretary, as grants to the Illinois Police Benevolent and Protective Association for the purposes of providing death benefits for the families of police officers killed in the line of duty, providing scholarships for undergraduate study to children and spouses of police officers killed in the line of duty, and educating the public and police officers regarding policing and public safety.(Source: P.A. 98-233, eff. 1-1-14; 98-756, eff. 7-16-14.) (Text of Section after amendment by P.A. 103-843) Sec. 3-699.5. Illinois Police Benevolent and Protective 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 Benevolent and Protective 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 Benevolent and Protective 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 Benevolent and Protective Association Fund and $2 shall be deposited into the Secretary of State Special License Plate Fund. (d) The Illinois Police Benevolent and Protective Association Fund is created as a special fund in the State treasury. All money in the Illinois Police Benevolent and Protective Association Fund shall be paid, subject to appropriation by the General Assembly and distribution by the Secretary, as grants to the Illinois Police Benevolent and Protective Association for the purposes of providing death benefits for the families of police officers killed in the line of duty, providing scholarships for undergraduate study to children and spouses of police officers killed in the line of duty, and educating the public and police officers regarding policing and public safety.(Source: P.A. 103-843, eff. 1-1-25.) |
(625 ILCS 5/3-699.6) (Text of Section before amendment by P.A. 103-843) 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 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. 98-259, eff. 1-1-14; 98-756, eff. 7-16-14.) (Text of Section after amendment by P.A. 103-843) 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) (Text of Section before amendment by P.A. 103-843) 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 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. 98-300, eff. 1-1-14; 98-756, eff. 7-16-14.) (Text of Section after amendment by P.A. 103-843) 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) (Text of Section before amendment by P.A. 103-843) 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 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, as grants to the Northern Illinois Police K-9 Memorial for the creation, operation, and maintenance of a police K-9 memorial monument. (Source: P.A. 98-360, eff. 1-1-14; 98-756, eff. 7-16-14.) (Text of Section after amendment by P.A. 103-843) 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, as grants to the Northern Illinois Police K-9 Memorial for the creation, operation, and maintenance of a police K-9 memorial monument. (Source: P.A. 103-843, eff. 1-1-25.) |
(625 ILCS 5/3-699.9) (Text of Section before amendment by P.A. 103-843) Sec. 3-699.9. Public Safety Diver 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 Public Safety Diver license plates. The special plates issued under this Section shall be affixed only to passenger vehicles of the first division, 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 Public Safety Diver 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 Public Safety Diver Fund and $2 shall be deposited into the Secretary of State Special License Plate Fund. (d) The Public Safety Diver Fund is created as a special fund in
the State treasury. All moneys in the Public Safety Diver Fund shall be
paid, subject to appropriation by the General Assembly and
distribution by the Secretary, to the Illinois Law Enforcement Training Standards Board for the purposes of providing grants based on need for training, standards, and equipment to public safety disciplines within the State and to units of local government involved in public safety diving and water rescue services. (e) The Public Safety Diver Advisory Committee shall recommend grant rewards with the intent of achieving reasonably equitable distribution of funds between police, firefighting, and public safety diving services making application for grants under this Section. (f) The administrative costs related to management of grants made from the Public Safety Diver Fund shall be paid from the Public Safety Diver Fund to the Illinois Law Enforcement Training Standards Board.(Source: P.A. 98-376, eff. 1-1-14; 98-756, eff. 7-16-14.) (Text of Section after amendment by P.A. 103-843) Sec. 3-699.9. Public Safety Diver 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 Public Safety Diver license plates. The special plates issued under this Section shall be affixed only to passenger vehicles of the first division, motorcycle, 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 Public Safety Diver 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 Public Safety Diver Fund and $2 shall be deposited into the Secretary of State Special License Plate Fund. (d) The Public Safety Diver Fund is created as a special fund in the State treasury. All moneys in the Public Safety Diver Fund shall be paid, subject to appropriation by the General Assembly and distribution by the Secretary, to the Illinois Law Enforcement Training Standards Board for the purposes of providing grants based on need for training, standards, and equipment to public safety disciplines within the State and to units of local government involved in public safety diving and water rescue services. (e) The Public Safety Diver Advisory Committee shall recommend grant rewards with the intent of achieving reasonably equitable distribution of funds between police, firefighting, and public safety diving services making application for grants under this Section. (f) The administrative costs related to management of grants made from the Public Safety Diver Fund shall be paid from the Public Safety Diver Fund to the Illinois Law Enforcement Training Standards Board.(Source: P.A. 103-843, eff. 1-1-25.) |
(625 ILCS 5/3-699.10) (Text of Section before amendment by P.A. 103-843) Sec. 3-699.10. The H Foundation - Committed to a Cure for Cancer 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 The H Foundation - Committed to a Cure for Cancer 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.
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 Committed to a Cure 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 Committed to a Cure Fund and $2 shall be deposited into the Secretary of State Special License Plate Fund. (d) The Committed to a Cure Fund is created as a special fund in the State treasury. All money in the Committed to a Cure Fund shall be paid, subject to appropriation by the General Assembly and distribution by the Secretary, as grants to the Robert H. Lurie Comprehensive Cancer Center of Northwestern University for the purpose of funding scientific research on cancer. (Source: P.A. 98-382, eff. 1-1-14; 98-756, eff. 7-16-14.) (Text of Section after amendment by P.A. 103-843) Sec. 3-699.10. The H Foundation - Committed to a Cure for Cancer 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 The H Foundation - Committed to a Cure for Cancer 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 Committed to a Cure 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 Committed to a Cure Fund and $2 shall be deposited into the Secretary of State Special License Plate Fund. (d) The Committed to a Cure Fund is created as a special fund in the State treasury. All money in the Committed to a Cure Fund shall be paid, subject to appropriation by the General Assembly and distribution by the Secretary, as grants to the Robert H. Lurie Comprehensive Cancer Center of Northwestern University for the purpose of funding scientific research on cancer. (Source: P.A. 103-843, eff. 1-1-25.) |
(625 ILCS 5/3-699.11) (Text of Section before amendment by P.A. 103-843) 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 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. 98-395, eff. 1-1-14; 98-756, eff. 7-16-14.) (Text of Section after amendment by P.A. 103-843) 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. 102-813) 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 | ||
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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 | ||
| ||
(B) Renewal: $26, which shall be deposited into | ||
| ||
(3) The Illinois Department of Human Services for | ||
| ||
(A) Original issuance: $25, which shall be | ||
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(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 | ||
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(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 | ||
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(B) Renewal: $25; with $23 going to the Guide | ||
| ||
(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 | ||
| ||
(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 | ||
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(A) Original issuance: $25; with $10 to the | ||
| ||
(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 | ||
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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 | ||
| ||
(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 | ||
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(A) Original issuance: $25; with $10 to the | ||
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(B) Renewal: $25; with $23 to the Future | ||
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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) The Prostate Cancer Awareness Fund. All money in | ||
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(3) The Horsemen's Council of Illinois Fund. All | ||
| ||
(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 | ||
| ||
(7) The Theresa Tracy Trot - Illinois CancerCare | ||
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(8) The Developmental Disabilities Awareness Fund. | ||
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(9) The Pediatric Cancer Awareness Fund. All money | ||
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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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(Source: P.A. 101-248, eff. 1-1-20; 101-256, eff. 1-1-20; 101-276, eff. 8-9-19; 101-282, eff. 1-1-20; 101-372, eff. 1-1-20; 102-383, eff. 1-1-22; 102-422, eff. 8-20-21; 102-423, eff. 8-20-21; 102-515, eff. 1-1-22; 102-558, eff. 8-20-21; 102-809, eff. 1-1-23; 102-813, eff. 5-13-22.) (Text of Section from P.A. 103-112) 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 | ||
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(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 | ||
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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 | ||
| ||
(13) The Illinois chapters of the Experimental | ||
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(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 | ||
| ||
(A) Original issuance: $25; with $10 to the | ||
| ||
(B) Renewal: $25; with $23 to the Future | ||
| ||
(17) The Illinois Department of Public Health for | ||
| ||
(A) Original issuance: $25; with $10 to the | ||
| ||
(B) Renewal: $25; with $23 to the Autism | ||
| ||
(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 | ||
| ||
(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 | ||
| ||
(Source: P.A. 102-383, eff. 1-1-22; 102-422, eff. 8-20-21; 102-423, eff. 8-20-21; 102-515, eff. 1-1-22; 102-558, eff. 8-20-21; 102-809, eff. 1-1-23; 102-813, eff. 5-13-22; 103-112, eff. 1-1-24.) (Text of Section from P.A. 103-163) 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 | ||
| ||
(A) Original issuance: $25; with $10 to the | ||
| ||
(B) Renewal: $25; with $23 to the Future | ||
| ||
(17) 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, | ||
| ||
(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 | ||
| ||
(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 | ||
| ||
(Source: P.A. 102-383, eff. 1-1-22; 102-422, eff. 8-20-21; 102-423, eff. 8-20-21; 102-515, eff. 1-1-22; 102-558, eff. 8-20-21; 102-809, eff. 1-1-23; 102-813, eff. 5-13-22; 103-163, eff. 1-1-24.) (Text of Section from P.A. 103-349) 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 | ||
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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 | ||
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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 | ||
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(A) Original issuance: $25; with $10 to the | ||
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(B) Renewal: $25; with $23 to the Future | ||
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(17) 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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(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) The Prostate Cancer Awareness Fund. All money in | ||
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(3) The Horsemen's Council of Illinois Fund. All | ||
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(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) The Theresa Tracy Trot - Illinois CancerCare | ||
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(8) The Developmental Disabilities Awareness Fund. | ||
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(9) The Pediatric Cancer Awareness Fund. All money | ||
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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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(Source: P.A. 102-383, eff. 1-1-22; 102-422, eff. 8-20-21; 102-423, eff. 8-20-21; 102-515, eff. 1-1-22; 102-558, eff. 8-20-21; 102-809, eff. 1-1-23; 102-813, eff. 5-13-22; 103-349, eff. 1-1-24.) |
(625 ILCS 5/3-699.15) (Text of Section before amendment by P.A. 103-843) 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 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. 100-73, eff. 1-1-18; 101-81, eff. 7-12-19.) (Text of Section after amendment by P.A. 103-843) 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) (Text of Section before amendment by P.A. 103-843) 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. The special United Nations Protection Force plate issued under this Section shall be affixed only to passenger vehicles of the first division 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. 101-247, eff. 1-1-20; 102-558, eff. 8-20-21.) (Text of Section after amendment by P.A. 103-843) 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. 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. 102-558, eff. 8-20-21; 103-843, eff. 1-1-25.) |
(625 ILCS 5/3-699.22) (Text of Section from P.A. 103-130) 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.) (Text of Section from P.A. 103-660) (This Section may contain text from a Public Act with a delayed effective date) Sec. 3-699.22. 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.) |
(625 ILCS 5/3-699.23) (This Section may contain text from a Public Act with a delayed effective date) 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) (This Section may contain text from a Public Act with a delayed effective date) 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/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 before the previous registration's expiration 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. (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. 101-395, eff. 8-16-19.)
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(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. 101-185, eff. 1-1-20; 101-395, eff. 8-16-19; 102-558, eff. 8-20-21.)
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(625 ILCS 5/3-704.1)
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 5/3-705) (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)
(Text of Section before amendment by P.A. 103-660)
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) Beginning with the 2019 registration year, 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, or 3-699.20 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) Beginning with the 2019 registration year, 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, or 3-699.17 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. 101-51, eff. 7-12-19; 101-395, eff. 8-16-19; 102-154, eff. 1-1-22; 102-558, eff. 8-20-21.)
(Text of Section after amendment by P.A. 103-660) 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 3-699.22 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 3-699.22 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. 102-154, eff. 1-1-22; 102-558, eff. 8-20-21; 103-660, eff. 1-1-25.)
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(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)
(Text of Section before amendment by P.A. 103-706)
Sec. 3-804.
Antique vehicles.
(a) The owner of an antique vehicle may register such vehicle for a fee not
to exceed $13 for a 2-year antique plate. 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. In no
event may the registration fee for antique vehicles exceed $6 per
registration year. 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 license plate from or representing 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. 91-37, eff. 7-1-99.)
(Text of Section after amendment by P.A. 103-706) Sec. 3-804. Antique vehicles. (a) The owner of an antique vehicle may register such vehicle for a fee not to exceed $13 for a 2-year antique plate. 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. In no event may the registration fee for antique vehicles exceed $6 per registration year. 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.)
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(625 ILCS 5/3-804.01) (Text of Section before amendment by P.A. 103-706) 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 license plate from or representing 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.) (Text of Section after amendment by P.A. 103-706) 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)
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.)
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(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) (Text of Section before amendment by P.A. 103-1005) Sec. 3-820. Duplicate Number Plates. 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, stolen 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,
stolen or destroyed, a new registration sticker or digital registration sticker shall be
furnished upon payment of a fee of $5 for registration stickers or digital registration stickers issued on or before February 28, 2005 and $20 for registration stickers or digital registration stickers issued on or after March 1, 2005. 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) $11 for each duplicate issued on or before | ||
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(ii) $14 for a pair of duplicate plates issued on or | ||
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(Source: P.A. 101-395, eff. 8-16-19.) (Text of Section after amendment by P.A. 103-1005) 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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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. 102-353, eff. 1-1-22; 102-762, eff. 5-13-22.)
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(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 | ||
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(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) (Text of Section from P.A. 103-154) 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 or 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; perishable property; any operator's licenses; any cash, credit cards, or checks or checkbooks; any wallet, purse, or other property containing any operator's license or other identifying documents or materials, cash, credit cards, checks, or checkbooks; 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) of Section 11-506 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. (Source: P.A. 102-982, eff. 7-1-23; 103-154, eff. 6-30-23.) (Text of Section from P.A. 103-706) 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 or 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; perishable property; any operator's licenses; any cash, credit cards, or checks or checkbooks; any wallet, purse, or other property containing any operator's license or other identifying documents or materials, cash, credit cards, checks, or checkbooks; 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. (Source: P.A. 102-982, eff. 7-1-23; 103-154, eff. 6-30-23; 103-706, eff. 1-1-25.) (Text of Section from P.A. 103-756) 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 or 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 | ||
| ||
2. The towing service shall within 30 minutes of | ||
| ||
3. If the registered owner or legally authorized | ||
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4. The rebate or payment of money or any other | ||
| ||
5. Except for property appurtenant to and obviously a | ||
| ||
a. Except as otherwise provided in subparagraph | ||
| ||
a.1. In a municipality with a population of less | ||
| ||
b. The notice must indicate clearly, in not less | ||
| ||
c. The notice must also provide the name and | ||
| ||
d. The sign structure containing the required | ||
| ||
6. Any towing service that tows or removes vehicles | ||
| ||
7. No person shall engage in the removal of vehicles | ||
| ||
8. No removal of a vehicle from private property | ||
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9. Vehicle entry for the purpose of removal shall be | ||
| ||
9.5. Except as authorized by a law enforcement | ||
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10. When a vehicle has been towed or removed pursuant | ||
| ||
This Section shall not apply to law enforcement, | ||
| ||
When an authorized person improperly causes a motor | ||
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Any towing or storage charges accrued shall be | ||
| ||
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) of Section 11-506 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. (Source: P.A. 102-982, eff. 7-1-23; 103-154, eff. 6-30-23; 103-756, eff. 1-1-25.) |
(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) (Text of Section before amendment by P.A. 103-756) 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) The authorization, any hold order, and any | ||
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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. 101-395, eff. 8-16-19.) (Text of Section after amendment by P.A. 103-756) 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.)
|
(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.)
|
(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 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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6. 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.
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. 101-505, eff. 1-1-20; 102-154, eff. 1-1-22; 102-538, eff. 8-20-21; 102-813, eff. 5-13-22; 102-982, eff. 7-1-23.)
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(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 | ||
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(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 | ||
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(3) the Secretary determines that the proposed | ||
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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 | ||
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(3) the Secretary determines that the proposed trade | ||
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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 | ||
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(2) the applicant is a licensed new or used vehicle | ||
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(3) the Secretary determines that the proposed off | ||
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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.(Source: P.A. 103-392, eff. 1-1-24.) |
(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 | ||
| ||
(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 Investigation shall be destroyed no later than 60 days
after the Division of 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. 102-538, eff. 8-20-21.)
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(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/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 | ||
| ||
4. A statement that the applicant's officers, | ||
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(a) the Anti-Theft Laws of the Illinois Vehicle | ||
| ||
(b) the "Certificate of Title Laws" of the | ||
| ||
(c) the "Offenses against Registration and | ||
| ||
(d) the "Dealers, Transporters, Wreckers and | ||
| ||
(e) Section 21-2 of the Criminal Code of 1961 or | ||
| ||
(f) the Retailers Occupation Tax Act.
5. A statement that the applicant's officers, | ||
| ||
(a) the Consumer Finance Act;
(b) the Consumer Installment Loan Act;
(c) the Retail Installment Sales Act;
(d) the Motor Vehicle Retail Installment Sales | ||
| ||
(e) the Interest Act;
(f) the Illinois Wage Assignment Act;
(g) Part 8 of Article XII of the Code of Civil | ||
| ||
(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 | ||
| ||
4. in the case of an original license, the | ||
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5. in the case of a supplemental license, the | ||
| ||
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.)
|
(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.)
|
(625 ILCS 5/Ch. 5 Art. IV heading) ARTICLE IV.
RECORDS REQUIRED TO BE KEPT
|
(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 | ||
| ||
(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 | ||
| ||
(E) The records of essential parts required to be | ||
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(F) The requirements of paragraph (2) of subsection | ||
| ||
(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 | ||
| ||
(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 | ||
| ||
(F) the junking certificate number obtained by the | ||
| ||
(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 | ||
| ||
(4) The following records for rebuilt vehicles shall be kept:
(A) the year, make, model, style and color of the | ||
| ||
(B) the vehicle's manufacturer's identification | ||
| ||
(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 | ||
| ||
(G) the date of disposition of the vehicle;
(H) the name and address of the person to whom the | ||
| ||
(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.)
|
(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 | ||
| ||
(3) In addition to the other information required on | ||
| ||
(4) The scrap processor shall maintain a copy of a | ||
| ||
(5) For recyclable metals valued at $100 or more, the | ||
| ||
This subdivision (a)(5) does not apply to electrical | ||
| ||
(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 | ||
| ||
(2) The name and address of the buyer, or consignee | ||
| ||
(3) A description of the beer keg, including its | ||
| ||
(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.)
|
(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 | ||
| ||
(2) the name and address of the person acquiring the | ||
| ||
(3) the date of the disposition of the essential part;
(4) the year, make, model, color, and description of | ||
| ||
(5) the manufacturer's vehicle identification number, | ||
| ||
(6) the printed name and legible signature of the | ||
| ||
(7) if the person is a dealer the printed name and | ||
| ||
(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 | ||
| ||
If that part was physically acquired by or delivered | ||
| ||
(2) If the person disposing of or delivering the | ||
| ||
(3) If the person disposing of the essential part is | ||
| ||
(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 | ||
| ||
(2) If the examination of the Uniform Invoice or bill | ||
| ||
(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.)
|
(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.)
|
(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
|
(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 | ||
| ||
3. Committed a fraudulent act in connection with | ||
| ||
4. As a new vehicle dealer has no contract with a | ||
| ||
5. Not maintained an established place of business as | ||
| ||
6. Failed to file or produce for the Secretary of | ||
| ||
7. Previously had, within 3 years, such a license | ||
| ||
8. Has committed in any calendar year 3 or more | ||
| ||
a. the "Consumer Finance Act";
b. the "Consumer Installment Loan Act";
c. the "Retail Installment Sales Act";
d. the "Motor Vehicle Retail Installment Sales | ||
| ||
e. "An Act in relation to the rate of interest | ||
| ||
f. "An Act to promote the welfare of wage-earners | ||
| ||
g. Part 8 of Article XII of the Code of Civil | ||
| ||
h. the "Consumer Fraud Act";
9. Failed to pay any fees or taxes due under this | ||
| ||
10. Converted an abandoned vehicle;
11. Used a vehicle identification plate or number | ||
| ||
12. Violated the provisions of Chapter 5 of this Act, | ||
| ||
13. Violated the provisions of Chapter 4 of this Act, | ||
| ||
14. Violated the provisions of Chapter 3 of this Act, | ||
| ||
15. Violated Section 21-2 of the Criminal Code of | ||
| ||
16. Made or concealed a material fact in connection | ||
| ||
17. Acted in the capacity of a person licensed or | ||
| ||
18. Failed to pay, within 90 days after a final | ||
| ||
19. Failed to pay the Dealer Recovery Trust Fund fee | ||
| ||
20. Failed to pay, within 90 days after notice has | ||
| ||
21. Violated Article 16 or 17 of the Criminal Code of | ||
| ||
22. Was convicted of a forcible felony under either | ||
| ||
(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. 101-505, eff. 1-1-20.)
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(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. 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. Penalties paid as a result of the issuance of administrative citations shall be deposited in the Secretary of State Police Services Fund.
(Source: P.A. 101-572, eff. 8-23-19.) |
(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) (Text of Section before amendment by P.A. 103-824) 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, or a restricted driving permit, issued under the
provisions of this Act. (b) No person shall drive a motor vehicle unless he holds a valid
license or permit, or a restricted driving permit issued under the
provisions of Section 6-205, 6-206, or 6-113 of 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 drivers 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.(Source: P.A. 102-982, eff. 7-1-23.) (Text of Section after amendment by P.A. 103-824) 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.
(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. 98-777, eff. 1-1-15.)
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(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 Driver Services Administration 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 costs related to the issuance of temporary visitor's driver's licenses, and other operational costs, including 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.) |
(625 ILCS 5/6-106) (from Ch. 95 1/2, par. 6-106) (Text of Section before amendment by P.A. 103-933) 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 cancelled, 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 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. (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 cancelled. 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. (Source: P.A. 102-558, eff. 8-20-21; 103-210, eff. 7-1-24.) (Text of Section after amendment by P.A. 103-933) 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 cancelled, 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 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. (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 cancelled. 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. 102-558, eff. 8-20-21; 103-210, eff. 7-1-24; 103-933, eff. 1-1-25.) |
(625 ILCS 5/6-106.1) (Text of Section before amendment by P.A. 103-825) 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. 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. (Source: P.A. 102-168, eff. 7-27-21; 102-299, eff. 8-6-21; 102-538, eff. 8-20-21; 102-726, eff. 1-1-23; 102-813, eff. 5-13-22; 102-982, eff. 7-1-23; 102-1130, eff. 7-1-23; 103-605, eff. 7-1-24.) (Text of Section after amendment by P.A. 103-825) 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. 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. (Source: P.A. 102-168, eff. 7-27-21; 102-299, eff. 8-6-21; 102-538, eff. 8-20-21; 102-726, eff. 1-1-23; 102-813, eff. 5-13-22; 102-982, eff. 7-1-23; 102-1130, eff. 7-1-23; 103-605, eff. 7-1-24; 103-825, eff. 1-1-25.) |
(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 Secretary of State Driver Services Administration Fund.
(Source: P.A. 102-455, eff. 1-1-22; 102-538, eff. 8-20-21; 102-813, eff. 5-13-22; 102-982, eff. 7-1-23.) |
(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.)
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(625 ILCS 5/6-109) (Text of Section before amendment by P.A. 103-680) 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. (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
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.)
(Text of Section after amendment by P.A. 103-680) 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 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.) |
(625 ILCS 5/6-110) (from Ch. 95 1/2, par. 6-110) (Text of Section from P.A. 103-888) 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 healthcare, 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. (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. (Source: P.A. 103-888, eff. 8-9-24.) (Text of Section from P.A. 103-933) 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 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 healthcare, 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 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. 103-933, eff. 1-1-25.) |
(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) (Text of Section before amendment by P.A. 103-872) 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-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 | ||
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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. 101-185, eff. 1-1-20; 102-659, eff. 1-1-22.) (Text of Section after amendment by P.A. 103-872) 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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(Source: P.A. 102-982, eff. 7-1-23.)
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(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 driver's license$30 Original or renewal 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 older0 Renewal driver's license (except for applicants ages 18, 19 and 20 or age 69 and older)30 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 (Commercial Driver's License Information System/American Association of Motor Vehicle Administrators network/National Motor Vehicle Title Information Service 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 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) $5 of the $30 fee for an original driver's | ||
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(C) $5 of the $30 fee for a 4 year renewal | ||
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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 this amendatory Act of the 96th General Assembly shall be deposited into the Capital Projects Fund. (e) The additional fees imposed by this amendatory Act of the 96th General Assembly shall become effective 90 days after becoming law. The additional fees imposed by this amendatory Act of the 103rd General Assembly 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.) |
(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
|
(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.)
|
(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.)
|
(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.)
|
(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 before amendment by P.A. 103-822) 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 | ||
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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 | ||
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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 | ||
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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 | ||
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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.) (Text of Section after amendment by P.A. 103-822) 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; 103-822, eff. 1-1-25.) |
(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)
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).)
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(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 the effective date of this amendatory Act of the 101st General Assembly 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, and 11-208.8, 11-208.9, and 11-1201.1, or abandoned vehicle fees. (Source: P.A. 101-623, eff. 7-1-20; 101-652, eff. 7-1-21; 102-558, eff. 8-20-21.) |
(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. 92-647, eff. 1-1-03; 92-883, eff. 1-13-03.)
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(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 | ||
| ||
(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) (Text of Section before amendment by P.A. 103-789) 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. If the person does not appear in court on or before the continued court date or 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 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 notified by the ordering court that the person has appeared and resolved the violation. 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. (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. (Source: P.A. 100-674, eff. 1-1-19; 101-652, eff. 1-1-23.) (Text of Section after amendment by P.A. 103-789) 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 enter an ex parte judgment of conviction imposing a single assessment, specified in the applicable assessment Schedule 10, 10.5, or 11 for the charged offense, as provided in the Criminal and Traffic Assessment Act, plus a fine allowed by statute. The clerk of the court shall notify the Secretary of State, in a form and manner prescribed by the Secretary, of the court's 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. (d) The changes made to this Section by this amendatory Act of the 103rd General Assembly apply to each individual whose license was suspended pursuant to this Section between January 1, 2020 and the effective date of this amendatory Act of the 103rd General Assembly, and the suspension shall be lifted by the Secretary of State without further action by any court. (Source: P.A. 103-789, eff. 1-1-25.) |
(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)
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. 102-538, eff. 8-20-21.)
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(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) (Text of Section before amendment by P.A. 103-825) Sec. 6-508. Commercial Driver's License (CDL); qualification standards.
(a) Testing.
(1) General. No person shall be issued an original | ||
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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. 101-185, eff. 1-1-20; 102-168, eff. 7-27-21; 102-299, eff. 8-6-21; 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.) (Text of Section after amendment by P.A. 103-825) 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
180 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. 98-726, eff. 1-1-15.)
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(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)
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.)
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(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 Sections 11-406 and 11-410, 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.)
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(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 Sections 11-406 and 11-410, 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.)
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(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. Two years have elapsed following the date the | ||
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3. Receipt of proper notice that the person has filed | ||
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4. After the expiration of 5 years from the date of | ||
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5. The statute of limitations has expired and the | ||
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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. 102-52, eff. 1-1-22; 102-982, eff. 7-1-23.)
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(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.)
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(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.)
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(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 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 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. 94-239, eff. 1-1-06.)
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(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. 100-373, eff. 1-1-18.) |
(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 45 days after the date
of the mailing of the notice unless the owner within 30 days furnishes proof
of insurance in effect on the verification date, as prescribed by the Secretary.
(Source: P.A. 86-149.)
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(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 88-315.)
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(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)
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.)
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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 | ||
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(ii) initiatives to improve pedestrian and traffic | ||
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(iii) construction and maintenance of | ||
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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 | ||
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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. (Source: P.A. 102-905, eff. 1-1-23; 103-364, eff. 7-28-23.) |
(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.)
|
(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 | ||
| ||
(6.5) whether or not contraband was found during a | ||
| ||
(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 | ||
| ||
(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 | ||
| ||
(6) whether or not contraband was found during the | ||
| ||
(7) whether or not a search beyond a protective pat | ||
| ||
(8) whether or not contraband was found during the | ||
| ||
(9) the disposition of the stop, such as a warning, a | ||
| ||
(10) if a summons or ticket was issued, or an arrest | ||
| ||
(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 March 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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(4) The Task Force shall report its findings and | ||
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(h-5) For purposes of this Section: (1) "American Indian or Alaska Native" means a person | ||
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(2) "Asian" means a person having origins in any of | ||
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(2.5) "Badge" means an officer's department issued | ||
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(3) "Black or African American" means a person having | ||
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(4) "Hispanic or Latino" means a person of Cuban, | ||
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(5) "Native Hawaiian or Other Pacific Islander" means | ||
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(6) "White" means a person having origins in any of | ||
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(i) (Blank).
(Source: P.A. 101-24, eff. 6-21-19; 102-465, eff. 1-1-22; 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.) |
(625 ILCS 5/11-213) (Text of Section before amendment by P.A. 103-667) Sec. 11-213. Power of a fire department officer; highway or lane closure. In the absence of a law enforcement officer or a representative of the highway agency having jurisdiction over the highway, an officer of a fire department, in the
performance of his or her official duties, has the authority to
close to traffic a highway, or a lane or lanes of a highway, as
necessary to protect the safety of persons or property. In order to promote the safe implementation of this Section, the fire department officer shall utilize an official fire department vehicle with lighted red or white oscillating, rotating, or flashing lights in accordance with Section 12-215 of this Code and proper temporary traffic control in accordance with the sections of the Illinois Manual on Uniform Traffic Control Devices concerning temporary traffic control and incident management. The officer should also receive training in safe practices for accomplishing these tasks near traffic. This Section does not apply to highways under the jurisdiction of the Illinois State Toll Highway Authority.
As used in this Section, "highway" has the meaning set forth in Section 1-126 of this Code.
(Source: P.A. 95-803, eff. 1-1-09.) (Text of Section after amendment by P.A. 103-667) Sec. 11-213. Power of a fire department officer; highway or lane closure. In the absence of a law enforcement officer or a representative of the highway agency having jurisdiction over the highway, an officer of a fire department, in the performance of his or her official duties, has the authority to close to traffic a highway, or a lane or lanes of a highway, as necessary to protect the safety of persons or property. In order to promote the safe implementation of this Section, the fire department officer shall utilize an official fire department vehicle with oscillating, rotating, or flashing lights in accordance with Section 12-215 of this Code and proper temporary traffic control in accordance with the sections of the Illinois Manual on Uniform Traffic Control Devices concerning temporary traffic control and incident management. The officer should also receive training in safe practices for accomplishing these tasks near traffic. This Section does not apply to highways under the jurisdiction of the Illinois State Toll Highway Authority. As used in this Section, "highway" has the meaning set forth in Section 1-126 of this Code.(Source: P.A. 103-667, eff. 1-1-25.) |
(625 ILCS 5/11-214) Sec. 11-214. (Repealed).
(Source: P.A. 97-291, eff. 1-1-12. Repealed by P.A. 101-328, eff. 1-1-20.) |
(625 ILCS 5/11-215) Sec. 11-215. Secretary of State to provide information on use of truck global positioning systems. (a) The Secretary of State shall include in its commercial drivers license curriculum and study guide the distinctions between utilizing a truck-attributed global positioning system device and other non-truck-attributed global positioning system devices. (b) The Secretary of State shall develop a brochure regarding the distinctions between utilizing a truck-attributed global positioning system device and other non-truck-attributed global positioning system devices and shall make this brochure available at all Secretary of State facilities where an applicant may obtain or renew a commercial drivers license.
(Source: P.A. 97-291, eff. 1-1-12.) |
(625 ILCS 5/11-216) Sec. 11-216. Secretary of State to provide information on human trafficking. The Secretary of State shall include in its commercial drivers license curriculum and study guide information on the human trafficking problem in this State. The Secretary shall adopt rules to implement this Section.
(Source: P.A. 100-357, eff. 1-1-18.) |
(625 ILCS 5/Ch. 11 Art. III heading) ARTICLE III.
TRAFFIC SIGNS,
SIGNALS, AND MARKINGS
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(625 ILCS 5/11-301) (from Ch. 95 1/2, par. 11-301)
Sec. 11-301.
Department to adopt sign manual.
(a) The Department shall adopt a State manual and specifications for a
uniform system of traffic-control devices consistent with this Chapter for
use upon highways within this State. Such manual shall include the
adoption of the R 7-8 sign adopted by the United States Department of
Transportation to designate the reservation of parking
facilities for a person with disabilities.
Non-conforming signs in use prior to January
1, 1985 shall not constitute a violation during their useful lives, which
shall not be extended by other means than normal maintenance. The manual
shall also specify insofar
as practicable the minimum warrants justifying the use of the various
traffic control devices. Such uniform system shall correlate with and,
where not inconsistent with Illinois highway conditions, conform to the
system set forth in the most recent edition of the national manual on
Uniform Traffic Control Devices for Streets and Highways.
(b) Signs adopted by the Department to designate the reservation of
parking facilities for a person with disabilities shall also exhibit, in a
manner determined by the Department, the words "$100 Fine".
(c) If the amount of a fine is changed, the Department shall change the
design of the
signs to indicate
the current amount of the fine.
(Source: P.A. 88-685, eff. 1-24-95; 89-533, eff. 1-1-97.)
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(625 ILCS 5/11-301.1) (from Ch. 95 1/2, par. 11-301.1)
Sec. 11-301.1.
Beginning July 1, 1988, all signs erected and used to
designate the reservation of parking facilities for a person with disabilities
shall be in a form and manner prescribed under Section 11-301 of this Code, and
all parking spaces reserved for a person with disabilities, except those
reserving on-street parking areas, shall be at least 16 feet wide.
Non-conforming signs in use prior to July 1, 1988 shall not constitute a
violation during their useful lives, which shall not be extended by means other
than normal maintenance. Beginning October 1, 1992, all parking spaces reserved
for a person with disabilities, except those reserving on-street parking areas,
shall be at least 16 feet wide.
(Source: P.A. 87-562; 88-685, eff. 1-24-95.)
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(625 ILCS 5/11-302) (from Ch. 95 1/2, par. 11-302)
Sec. 11-302.
Authority to designate through highway and stop and yield
intersections.
(a) The Department with reference to State highways under its
jurisdiction, and local authorities
with reference to other highways under their jurisdiction, may designate
through highways and erect stop signs or yield signs at specified entrances
thereto, or may designate any intersection as a stop intersection or as a
yield intersection and erect stop signs or yield signs at one or more
entrances to such intersection. Designation of through highways and stop or
yield intersections and the erection of stop signs or yield signs on
township or road district roads are subject to the written approval of the
county engineer or superintendent of highways.
(b) Every stop sign and yield sign shall conform to the State Manual and
Specifications and shall be located as near as practicable to the nearest
line of the crosswalk on the near side of the intersection or, if there is
no crosswalk, then as close as practicable to the nearest line of the
intersecting roadway.
(c) The Department may in its discretion and when traffic conditions
warrant such action give preference to traffic upon any of the State
highways under its jurisdiction over traffic crossing or entering such
highway by erecting appropriate traffic control devices.
(Source: P.A. 93-177, eff. 7-11-03.)
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(625 ILCS 5/11-303) (from Ch. 95 1/2, par. 11-303)
Sec. 11-303. The Department to place signs on all State highways.
(a) The Department shall place and maintain such traffic-control
devices, conforming to its manual and specifications on all highways
under its jurisdiction as it shall deem necessary to indicate and to
carry out the provisions of this Chapter or to regulate, warn or guide traffic. These traffic control devices shall include temporary stop signs placed as a substitute for missing or damaged permanent stop signs required by the State Manual. Temporary stop signs shall be placed in a manner to provide adequate visibility and legibility, and shall be placed within duration recommendations in the State Manual, unless circumstances require longer placement.
(b) No local authority shall place or maintain any traffic-control
device upon any highway under the jurisdiction of the Department except
by the latter's permission.
(c) The Department shall erect and maintain guide, warning and
direction signs upon highways in cities, towns and villages of which
portions or lanes of such highways are under the control and
jurisdiction of the Department or for which the Department has
maintenance responsibility.
(d) Nothing in this Chapter shall divest the corporate authorities
of park districts of power to prohibit or restrict the use of highways
under their jurisdiction by certain types or weights of motor vehicles
or the power of cities, villages, incorporated towns and park districts
to designate highways for one-way traffic or the power of such municipal
corporations to erect and maintain appropriate signs respecting such
uses.
(e) Nothing in this Section shall prohibit a municipality, township, or
county from erecting signs as required under the Illinois Adopt-A-Highway Act.
(Source: P.A. 99-124, eff. 1-1-16.)
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(625 ILCS 5/11-304) (from Ch. 95 1/2, par. 11-304)
Sec. 11-304. Local traffic-control devices; tourist oriented businesses
signs.
Local authorities in their
respective maintenance jurisdiction shall place and maintain such
traffic-control devices, including temporary stop signs placed as a substitute for missing or damaged permanent stop signs required by the State Manual, upon highways under their maintenance jurisdiction
as are required to indicate and carry out the provisions of this Chapter,
and local traffic ordinances or to regulate, warn, or guide traffic. All
such traffic control devices shall conform to the State Manual and
Specifications and shall be justified by traffic warrants stated in the
Manual. Temporary stop signs shall be placed in a manner to provide adequate visibility and legibility, and shall be placed within duration recommendations in the State Manual, unless circumstances require longer placement. Placement of traffic-control devices on township or road district
roads also shall be subject to the written approval of the county engineer
or superintendent of highways.
Local authorities in their
respective maintenance jurisdictions shall have the authority to install signs,
in conformance with the State Manual and specifications, alerting motorists of
the tourist oriented businesses available on roads under
local jurisdiction in rural areas as may be required to guide motorists to the
businesses.
The local authorities and road district
highway commissioners shall also have the authority to sell or
lease space on these signs to the owners or operators of the businesses.
(Source: P.A. 99-124, eff. 1-1-16.)
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(625 ILCS 5/11-305) (from Ch. 95 1/2, par. 11-305) Sec. 11-305. Obedience to and required traffic-control devices. (a) The driver of any vehicle shall obey the instructions of any official traffic-control device applicable thereto placed or held in accordance with the provisions of this Act, unless otherwise directed by a police officer, subject to the exceptions granted the driver of an authorized emergency vehicle in this Act. (b) It is unlawful for any person to leave the roadway and travel across private property to avoid an official traffic-control device. (c) No provision of this Act for which official traffic-control devices are required shall be enforced against an alleged violator if at the time and place of the alleged violation an official device is not in proper position and sufficiently legible to be seen by an ordinarily observant person. Whenever a particular section does not state that official traffic-control devices are required, such section shall be effective even though no devices are erected or in place. (d) Whenever any official traffic-control device is placed or held in position approximately conforming to the requirements of this Act and purports to conform to the lawful requirements pertaining to such device, such device shall be presumed to have been so placed or held by the official act or direction of lawful authority, and comply with the requirements of this Act, unless the contrary shall be established by competent evidence. (e) The driver of a vehicle approaching a traffic control signal on which no signal light facing such vehicle is illuminated shall stop before entering the intersection in accordance with rules applicable in making a stop at a stop sign. This provision does not apply to the driver of a vehicle approaching a pedestrian hybrid beacon. (f) Any violation of subsection (a) that occurs within a designated highway construction zone or maintenance zone shall result in a fine of no less than $100 and no more than $1,000. (Source: P.A. 103-158, eff. 1-1-24; 103-605, eff. 7-1-24.) |
(625 ILCS 5/11-306)
(from Ch. 95 1/2, par. 11-306)
Sec. 11-306. Traffic-control signal legend. Whenever traffic is controlled
by traffic-control signals exhibiting different colored lights or color
lighted arrows, successively one at a time or in combination, only the
colors green, red and yellow shall be used, except for special pedestrian
signals carrying a word legend, and the lights shall indicate and apply to
drivers of vehicles and pedestrians as follows:
(a) Green indication.
1. Vehicular traffic facing a circular green signal | ||
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2. Vehicular traffic facing a green arrow signal, | ||
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3. Unless otherwise directed by a pedestrian-control | ||
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(b) Steady yellow indication.
1. Vehicular traffic facing a steady circular yellow | ||
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2. Pedestrians facing a steady circular yellow or | ||
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(b-5) Flashing yellow arrow indication. 1. Vehicular traffic facing a flashing yellow arrow | ||
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2. Pedestrians facing a flashing yellow arrow | ||
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(c) Steady red indication.
1. Except as provided in paragraphs 3 and 3.5 of this | ||
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2. Except as provided in paragraphs 3 and 3.5 of this | ||
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3. Except when a sign is in place prohibiting a turn | ||
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3.5. In municipalities with less than 2,000,000 | ||
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4. Unless otherwise directed by a pedestrian-control | ||
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(d) In the event an official traffic control signal is
erected and maintained
at a place other than an intersection, the provisions of this Section shall
be applicable except as to provisions which by their nature can have no
application. Any stop required shall be at a traffic sign or a marking
on the pavement indicating where the stop shall be made or, in the absence
of such sign or marking, the stop shall be made at the signal.
(e) The motorman of any streetcar shall obey the above signals as applicable
to vehicles.
(Source: P.A. 97-627, eff. 1-1-12; 97-762, eff. 7-6-12; 98-798, eff. 7-31-14.)
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(625 ILCS 5/11-307) (from Ch. 95 1/2, par. 11-307)
Sec. 11-307.
Pedestrian-control signals.
Whenever special
pedestrian-control signals exhibiting the words "Walk" or "Don't Walk" or
the illuminated symbols of a walking person or an upraised palm
are in place such signals shall indicate as follows:
(a) Walk or walking person symbol. Pedestrians facing such signal may
proceed across the
roadway in the direction of the signal, and shall be given the right of
way by the drivers of all vehicles.
(b) Don't Walk or upraised palm symbol. No pedestrian shall start to
cross the roadway in
the direction of such signal, but any pedestrian who has partly
completed his crossing on the Walk signal or walking person symbol shall
proceed to a sidewalk or
safety island while the "Don't Walk" signal or upraised palm symbol
is illuminated, steady, or
flashing.
(Source: P.A. 81-553.)
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(625 ILCS 5/11-308) (from Ch. 95 1/2, par. 11-308)
Sec. 11-308.
Lane-control signals.
Whenever lane-control signals are used in conjunction with official
signs, they shall have the following meanings:
(a) Downward-pointing green arrow. A driver facing this indication
is permitted to drive in the lane over which the arrow signal is
located. Otherwise he shall obey all other traffic controls present and
follow normal safe driving practices.
(b) Red X symbol. A driver facing this indication shall not drive in
the lane over which the signal is located, and this indication shall
modify accordingly the meaning of all other traffic controls present.
Otherwise he shall obey all other traffic controls and follow normal
safe driving practices.
(c) Yellow X (steady). A driver facing this indication should
prepare to vacate the lane over which the signal is located, in a safe
manner to avoid, if possible, occupying that lane when a steady red X is
displayed.
(d) Flashing yellow arrow. A driver facing this indication may use the
lane only for the purpose of approaching and making a left turn.
(Source: P.A. 81-552.)
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(625 ILCS 5/11-309) (from Ch. 95 1/2, par. 11-309)
Sec. 11-309.
Flashing Signals.
Whenever an illuminated flashing red or yellow signal is used in
conjunction with a traffic control device it shall require obedience by
vehicular traffic as follows:
1. Flashing red (stop signal). When a red lens is illuminated with rapid
intermittent flashes, drivers of vehicles shall stop at a clearly marked
stop line, but if none, before entering the cross walk on the near side of
the intersection, or if none, then at a point nearest the intersecting
roadway where the driver has a view of approaching traffic on the
intersecting roadway before entering the intersection and the right to
proceed shall be subject to the rules applicable after making a stop at a
stop sign.
2. Flashing yellow (caution signal). When a yellow lens is illuminated
with rapid intermittent flashes, drivers of vehicles may proceed through
the intersection or past such signal only with caution.
3. This section does not apply at railroad grade crossings. Conduct of
drivers of vehicles approaching railroad grade crossings shall be governed
by Section 11-1201 of this Act.
(Source: P.A. 76-2162.)
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(625 ILCS 5/11-310) (from Ch. 95 1/2, par. 11-310)
Sec. 11-310.
Display of Unauthorized Signs, Signals or Markings.
(a) No person shall place, maintain or display upon or in view of any
highway any unauthorized sign, signal, marking, or device which purports to be
or is an imitation of or resembles an official traffic-control device or
railroad sign or signal, or which attempts to direct the movement of traffic,
or which hides from view or interferes with the movement of traffic or the
effectiveness of an official traffic-control device or any railroad sign or
signal.
(b) No person shall place or maintain nor shall any public authority permit
upon any highway any traffic sign or signal bearing thereon any commercial
advertising.
(c) Every such prohibited sign, signal or marking is hereby declared to
be a public nuisance and the authority having jurisdiction over the highway
is hereby empowered to remove the same or cause it to be removed without notice.
(d) No person shall sell or offer for sale any traffic control device
to be used on any street or highway in this State which does not conform
to the requirements of this Chapter.
(e) This Section shall not be deemed to prohibit the erection upon private
property adjacent to highways of signs giving useful directional information
and of a type that cannot be mistaken for official signs.
(f) This Section shall not be deemed to prohibit the erection of
Illinois Adopt-A-Highway signs by municipalities, townships, or counties as
provided in the Illinois Adopt-A-Highway Act.
(g) Any person failing to comply with this Section shall be guilty of
a Class A misdemeanor.
(Source: P.A. 87-1118.)
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(625 ILCS 5/11-311) (from Ch. 95 1/2, par. 11-311)
Sec. 11-311.
Interference with official traffic-control devices or
railroad signs or signals.
No person shall without lawful authority attempt to or in fact alter,
deface, injure, knock down, or remove any official traffic-control
device, or any railroad sign or signal or any inscription, shield, or
insignia thereon, or any other part thereof.
Every person who is convicted of a violation of this Section shall be guilty
of a Class A misdemeanor, punishable by a fine of at least $250 in addition
to any other penalties which may be imposed.
(Source: P.A. 83-672.)
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(625 ILCS 5/11-312) (from Ch. 95 1/2, par. 11-312)
Sec. 11-312.
Unlawful Use or Damage to Highways, Appurtenances and Structures.
It shall be unlawful for any person to wilfully injure or damage any public
highway or street or any bridge or culvert, or to wilfully damage,
injure or remove any sign, signpost, or structure upon or used or constructed
in connection with any public highway or street for the protection thereof
or for protection or regulation of traffic thereon by any wilfully unusual,
improper or unreasonable use thereof, or by wilfully careless driving or
use of any vehicle thereon, or by the wilful
mutilation, defacing, destruction or removal thereof.
Every person who is convicted of a violation of this Section shall be guilty
of a Class A misdemeanor, punishable by a fine of at least $250 in addition
to any other penalty which may be imposed.
(Source: P.A. 83-672.)
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(625 ILCS 5/11-313) (from Ch. 95 1/2, par. 11-313)
Sec. 11-313.
Unlawful possession of highway sign or marker.
The Department and local authorities, with reference to traffic
control signs, signals, or markers owned by the Department or local
authority, are authorized to indicate the ownership of the signs,
signals, or markers in letters not less than
3/8 inch or more than 3/4 inch in height, by use of a metal stamp,
etching, or other permanent means and, except for employees of the
Department or local authorities, police officers, contractors and their
employees engaged in a highway construction contract or work on the
highway approved by the Department or local authority, it is unlawful
for any person to possess such sign, signal, or marker so
identified.
(Source: P.A. 91-512, eff. 8-13-99.)
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(625 ILCS 5/11-315) Sec. 11-315. Paved bicycle trail signage. For the purposes of this Section, "paved bicycle trail" includes trails accommodating bicycle traffic composed of aggregate, asphalt, bituminous treatment, concrete, crushed limestone, or any combination thereof. The authority having maintenance jurisdiction over publicly owned paved bicycle trails in the State shall erect permanent regulatory or warning signage alerting pedestrians or cyclists of highway crossings. If the authority having maintenance jurisdiction over publicly owned bicycle trails has actual knowledge of an emergency or safety hazard that creates a dangerous condition on a publicly owned paved bicycle trail, the authority shall take reasonable steps to erect temporary signage alerting pedestrians or cyclist of the dangerous condition. The Department with reference to State highways under its jurisdiction, and the local authority with reference to other highways under its jurisdiction, shall erect or install permanent signage or markings warning vehicular traffic in advance of bicycle trail crossings. Permanent signage erected or installed as part of this Section shall conform with the State manual and permanent advanced warning signage shall be located at least 150 feet in advance of the crossing. This Section shall not apply to rustic or primitive trails.(Source: P.A. 103-386, eff. 1-1-24.) |
(625 ILCS 5/Ch. 11 Art. IV heading)
ARTICLE IV. CRASHES
(Source: P.A. 102-982, eff. 7-1-23.)
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(625 ILCS 5/11-401) (from Ch. 95 1/2, par. 11-401)
Sec. 11-401. Motor vehicle crashes involving death or personal injuries.
(a) The driver of any vehicle involved in a motor vehicle crashes
resulting in personal injury to or death of any person shall immediately stop
such vehicle at the scene of such crash, or as close thereto as possible
and shall then forthwith return to, and in every event shall remain at the
scene of the crash until the requirements of Section 11-403 have been
fulfilled. Every such stop shall be made without obstructing traffic more
than is necessary.
(b) Any person who has failed to stop or to comply with the
requirements of paragraph (a) shall, as soon as possible but in no case
later than one-half hour after such motor
vehicle crash, or, if hospitalized and incapacitated from reporting at any
time during such period, as soon as possible but in no case later than one-half
hour
after
being discharged from the
hospital, report the place of the crash, the date, the approximate time,
the
driver's name and address, the registration number of the vehicle
driven, and the names of all other occupants of
such vehicle, at a police station or sheriff's office near the place where
such crash occurred. No report made as required under this paragraph shall be used,
directly or indirectly, as a basis for the prosecution of any
violation of paragraph (a).
(b-1) Any person arrested for violating this Section is subject to chemical testing of his or her blood, breath, other bodily substance, or urine for the presence of alcohol, other drug or drugs, intoxicating compound or compounds, or any combination thereof, as provided in Section 11-501.1, if the testing occurs within 12 hours of the time of the occurrence of the crash that led to his or her arrest. The person's driving privileges are subject to statutory summary suspension under Section 11-501.1 if he or she fails testing or statutory summary revocation under Section 11-501.1 if he or she refuses to undergo the testing.
For purposes of this Section, personal injury shall mean any injury
requiring immediate professional treatment in a medical facility or
doctor's office.
(c) Any person failing to comply with paragraph (a) shall be guilty of a Class 4 felony.
(d) Any person failing to comply with paragraph (b) is
guilty
of
a Class 2 felony if the
motor vehicle crash does not result in the death of any person.
Any person failing to comply with paragraph (b)
when the crash results in the death of
any person is guilty of a Class 1
felony.
(e) The Secretary of State shall revoke the driving privilege of any person
convicted of a violation of this Section.
(Source: P.A. 102-982, eff. 7-1-23.)
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(625 ILCS 5/11-402) (from Ch. 95 1/2, par. 11-402)
Sec. 11-402. Motor vehicle crash involving damage to vehicle. (a)
The driver of any vehicle involved in a motor vehicle crash
resulting only in damage to a vehicle which is driven or attended by any person shall
immediately stop such vehicle at the scene of such motor vehicle crash
or as close thereto as possible, but shall forthwith return to and in every event
shall remain at the scene of such motor vehicle crash until the
requirements of Section 11-403 have been fulfilled. A driver does not violate this Section if the driver moves the vehicle as soon as possible off the highway to the nearest safe location on an exit ramp shoulder, a frontage road, the nearest suitable cross street, or other suitable location that does not obstruct traffic and
remains at that location until the driver has fulfilled the requirements of Section 11-403. Every such stop
shall be made without obstructing traffic
more than is necessary. If a damaged vehicle is obstructing traffic lanes, the driver of the vehicle must make every reasonable effort to move the vehicle or have it moved so as not to block the traffic lanes.
Any person failing to comply with this Section shall be guilty of a Class
A misdemeanor.
(b) Upon conviction of a violation of this Section, the court shall make
a finding as to whether the damage to a vehicle is in excess of $1,000,
and in such case a statement of this finding shall be reported to the Secretary
of State with the report of conviction as required by Section 6-204 of this
Code. Upon receipt of such report of conviction and statement of finding
that the damage to a vehicle is in excess of $1,000, the Secretary of State
shall suspend the driver's license or any nonresident's driving privilege. (c) If any peace officer or highway authority official finds (i) a vehicle standing upon a highway or toll highway in violation of a prohibition, limitation, or restriction on stopping, standing, or parking imposed under this Code or (ii) a disabled vehicle that obstructs the roadway of a highway or toll highway, the peace officer or highway authority official is authorized to move the vehicle or to require the operator of the vehicle to move the vehicle to the shoulder of the road, to a position where parking is permitted, or to public parking or storage premises. The removal may be performed by, or under the direction of, the peace officer or highway authority official or may be contracted for by local authorities. After the vehicle has been removed, the peace officer or highway authority official shall follow appropriate procedures, as provided in Section 4-203 of this Code. (d) A towing service, its officers, and its employees are not liable for loss of or damages to any real or personal property that occurs as the result of the removal or towing of any vehicle under subsection (c), as provided in subsection (b) of Section 4-213.
(Source: P.A. 102-982, eff. 7-1-23.)
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(625 ILCS 5/11-403) (from Ch. 95 1/2, par. 11-403)
Sec. 11-403. Duty to give information and render aid. The driver of any vehicle involved in a motor vehicle crash
resulting in injury to or death of any person or damage to any vehicle which
is driven or attended by any person shall give the driver's
name, address, registration number and owner of the vehicle
the driver is operating and shall upon request and
if available exhibit such driver's license to the person struck
or the driver
or occupant of or person attending any vehicle collided with
and shall render to any person injured in such crash reasonable
assistance, including the carrying or the making of arrangements for the
carrying of such person to a physician, surgeon or hospital for medical
or surgical treatment, if it is apparent that such treatment is
necessary or if such carrying is requested by the injured person.
If none of the persons entitled to information pursuant to this
Section is in condition to receive and understand such information and
no police officer is present, such driver after rendering reasonable
assistance shall forthwith report such motor vehicle crash at the
nearest office of a duly authorized police authority, disclosing the
information
required by this Section.
Any person failing to comply with this Section shall be guilty of a Class
A misdemeanor.
(Source: P.A. 102-982, eff. 7-1-23.)
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(625 ILCS 5/11-404) (from Ch. 95 1/2, par. 11-404)
Sec. 11-404. Duty upon damaging unattended vehicle or other property. (a) The driver of any vehicle which collides with or is involved in a motor
vehicle crash with any vehicle which is unattended, or other property,
resulting in any damage to such other vehicle or property shall
immediately stop and shall then and there either locate and notify the
operator or owner of such vehicle or other
property of the driver's name, address, registration
number and owner of the vehicle the driver was operating or shall
attach securely in a conspicuous place on or in the vehicle
or other property struck a written notice giving the driver's
name, address, registration number and owner of the
vehicle the driver was driving and shall without unnecessary
delay notify the nearest office of a duly authorized police authority and
shall make a written report of such crash when and as required in
Section 11-406. Every such stop shall be made without
obstructing traffic more than is necessary. If a damaged vehicle is obstructing traffic lanes, the driver of the vehicle must make every reasonable effort to move the vehicle or have it moved so as not to block the traffic lanes.
(b) Any person failing to comply with this Section shall be guilty of a Class
A misdemeanor. (c) If any peace officer or highway authority official finds (i) a vehicle standing upon a highway or toll highway in violation of a prohibition, limitation, or restriction on stopping, standing, or parking imposed under this Code or (ii) a disabled vehicle that obstructs the roadway of a highway or toll highway, the peace officer or highway authority official is authorized to move the vehicle or to require the operator of the vehicle to move the vehicle to the shoulder of the road, to a position where parking is permitted, or to public parking or storage premises. The removal may be performed by, or under the direction of, the peace officer or highway authority official or may be contracted for by local authorities. After the vehicle has been removed, the peace officer or highway authority official shall follow appropriate procedures, as provided in Section 4-203 of this Code.
(d) A towing service, its officers, and its employees are not liable for loss of or damages to any real or personal property that occurs as the result of the removal or towing of any vehicle under subsection (c), as provided in subsection (b) of Section 4-213.
(Source: P.A. 102-982, eff. 7-1-23.)
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(625 ILCS 5/11-406)
Sec. 11-406. (Repealed).
(Source: P.A. 95-754, eff. 1-1-09. Repealed by P.A. 102-560, eff. 8-20-21.)
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(625 ILCS 5/11-407) (from Ch. 95 1/2, par. 11-407)
Sec. 11-407. Immediate notice of crash.
(a) The driver of a vehicle which is in any manner involved in a crash described in Section 11-406 of this Chapter shall, if no police
officer is present, give notice of the crash by the fastest available
means of communication to the local police department if such crash
occurs within a municipality or otherwise to the nearest office of the
county sheriff or nearest headquarters of the Illinois State Police.
(b) Whenever the driver of a vehicle is physically incapable of giving
immediate notice of a crash as required in Subsection (a) and there was
another occupant in the vehicle at the time of the crash capable of
doing so, that occupant must give notice as required in Subsection (a).
(Source: P.A. 102-982, eff. 7-1-23.)
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(625 ILCS 5/11-408) (from Ch. 95 1/2, par. 11-408)
Sec. 11-408. Police to report motor vehicle crash investigations.
(a) Every law enforcement officer who investigates a motor vehicle crash
for which a report is required by this Article or who prepares a written
report as a result of an investigation either at the time and scene of such
motor vehicle crash or thereafter by interviewing participants or
witnesses shall forward a written report of such motor vehicle crash
to the Administrator on forms provided by the Administrator under Section
11-411 within 10 days after investigation of the motor
vehicle crash, or within such other time as is prescribed by the
Administrator.
Such written reports and the information contained in those reports required to be forwarded by law enforcement officers
shall not be held confidential by the reporting law
enforcement officer or agency. The Secretary of State may also disclose
notations of crash involvement maintained on individual driving records. However, the Administrator or the
Secretary of State may require a supplemental written report from the
reporting law enforcement officer.
(b) The Department at its discretion may require a supplemental written
report from the reporting law enforcement officer on a form supplied by the
Department to be submitted directly to the Department. Such supplemental
report may be used only for crash studies and statistical or analytical
purposes under Section 11-412 or 11-414 of this Code.
(c) The Department at its discretion may provide for in-depth
investigations of crashes involving Department employees or other motor vehicle crashes by individuals or
special investigation groups, including but not limited to police officers,
photographers,
engineers, doctors, mechanics, and as a result of the investigation may
require the submission of written reports, photographs, charts, sketches,
graphs, or a combination of all. Such individual written reports,
photographs, charts, sketches, or graphs may be used only for crash
studies and statistical or analytical purposes under Section 11-412 or 11-414 of this Code.
(d) On and after July 1, 1997, law enforcement officers who have reason to
suspect that the motor
vehicle crash was the result of a driver's loss of consciousness due to a
medical condition, as defined by the Driver's License Medical Review Law of
1992, or the result of any medical condition that impaired the
driver's ability to safely operate a motor vehicle shall notify the Secretary
of
this determination. 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.
The
Secretary shall, in conjunction with the Illinois State Police and
representatives of local and county law enforcement agencies, promulgate any
rules necessary and develop the procedures and documents that may be required
to
obtain written, electronic, or other agreed upon methods of notification to
implement the provisions of this Section.
(e) Law enforcement officers reporting under the provisions of subsection
(d) of this Section shall enjoy the same immunities granted members of the
Driver's License Medical Advisory Board under Section 6-910 of this Code.
(f) All information furnished to the Secretary under subsection (d) 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. 102-982, eff. 7-1-23.)
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(625 ILCS 5/11-409) (from Ch. 95 1/2, par. 11-409)
Sec. 11-409. False motor vehicle crash reports or notices. Any
person who provides information in an oral or written report required by
this Code with knowledge or reason to believe that such
information is false shall be guilty of a Class C misdemeanor.
(Source: P.A. 102-982, eff. 7-1-23.)
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(625 ILCS 5/11-410)
Sec. 11-410. (Repealed).
(Source: P.A. 83-831. Repealed by P.A. 102-560, eff. 8-20-21.)
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(625 ILCS 5/11-411) (from Ch. 95 1/2, par. 11-411)
Sec. 11-411. Crash report forms.
(a) The Administrator must prepare and upon request supply to police
departments, sheriffs and other appropriate agencies or individuals, forms
for written crash reports as required hereunder, suitable with respect
to the persons required to make such reports and the purposes to be served.
The written reports must call for sufficiently detailed information to
disclose with reference to a vehicle crash the cause, conditions then
existing, and the persons and vehicles involved or any other data
concerning such crash that may be required for a complete analysis of
all related circumstances and events leading to the crash or subsequent
to the occurrence.
(b) Every crash report required to be made in writing must be made on
an approved form or in an approved electronic format provided by the Administrator and must
contain all the information required therein unless that information is not
available. The Department shall adopt any rules necessary to implement this subsection (b).
(c) Should special crash studies be required by the Administrator,
the Administrator may provide the supplemental forms for the special
studies.
(Source: P.A. 102-982, eff. 7-1-23.)
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(625 ILCS 5/11-412) (from Ch. 95 1/2, par. 11-412)
Sec. 11-412. Motor vehicle crash reports confidential. (a) All required
written motor vehicle crash reports and supplemental reports shall
be without prejudice to the individual so reporting and shall be for the
confidential use of the Department and the Secretary of State and, in the
case of second division vehicles operated under certificate of convenience
and necessity issued by the Illinois Commerce Commission, of the Commission,
except that the Administrator or the Secretary of State or the Commission may
disclose the identity of a person involved in a motor vehicle crash
when such identity is not otherwise known or when such person denies his presence at such motor vehicle crash and the Department shall disclose
the identity of the insurance carrier, if any, upon demand. The Secretary of
State may also disclose notations of crash involvement maintained on
individual driving records. (b) Upon written request, the Department shall
furnish copies of its written crash reports or any supplemental reports to federal, State, and local
agencies that are engaged in highway safety research and studies and to any person or entity that has a contractual agreement with the Department or a federal, State, or local agency to complete a highway safety research and study for the Department or the federal, State, or local agency. Reports
furnished to any agency, person, or entity other than the Secretary of State or the Illinois
Commerce Commission may be used only for statistical or analytical purposes
and shall be held confidential by that agency, person, or entity.
These reports shall be exempt from inspection and copying under the Freedom of Information Act and shall not be used as evidence in any trial, civil
or criminal, arising out of a motor vehicle crash, except
that the Administrator shall furnish upon demand of any person who has,
or claims to have, made such a written or supplemental report, or upon demand of any
court, a certificate showing that a specified written crash report or supplemental report
has or has not been made to the Administrator solely to prove a compliance
or a failure to comply with the requirement that such a written or supplemental report
be made to the Administrator.
(c) Upon written request, the Department shall furnish motor vehicle crash data to a federal, State, or local agency, the Secretary of State, the Illinois Commerce Commission, or any other person or entity under Section 11-417 of this Code. (d) The Department at its discretion may provide for
in-depth investigations of crashes involving Department employees or other motor vehicle crashes. A
written report describing the preventability of such a crash may be
prepared to enhance the safety of Department employees or the traveling public. Such reports and the information contained in those reports and
any opinions expressed in the review of the crash as to the
preventability of the crash shall be for the privileged use of the
Department and held confidential and shall not be obtainable or used in any
civil or criminal proceeding.
(Source: P.A. 102-982, eff. 7-1-23.)
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(625 ILCS 5/11-413) (from Ch. 95 1/2, par. 11-413)
Sec. 11-413. Coroners to report. All coroners shall
on or before the 10th day of each month report in writing to the Administrator
the death of any person within their respective jurisdiction,
during the preceding calendar month, as the result of a traffic crash giving the
time and place of the crash and the circumstances relating thereto.
(Source: P.A. 102-982, eff. 7-1-23.)
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(625 ILCS 5/11-414) (from Ch. 95 1/2, par. 11-414)
Sec. 11-414. Department to tabulate and analyze motor vehicle crash
reports. The Department shall tabulate and may analyze all written motor
vehicle crash reports received in compliance with this Code
and shall publish annually or at more frequent intervals motor vehicle crash data. The Department:
1. (blank);
2. shall, upon written request, make available to | ||
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3. may conduct special investigations of motor | ||
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(Source: P.A. 102-982, eff. 7-1-23.)
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(625 ILCS 5/11-415) (from Ch. 95 1/2, par. 11-415)
Sec. 11-415. Municipalities may require traffic crash reports. Municipalities may by ordinance require that the driver or owner of
a vehicle involved in a traffic crash file with the designated municipal
office a written
report of such crash. All such reports shall be for the confidential
use of the municipal office and subject to the provisions of Section 11-412.
(Source: P.A. 102-982, eff. 7-1-23.)
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(625 ILCS 5/11-416) (from Ch. 95 1/2, par. 11-416) (Text of Section before amendment by P.A. 103-706)
Sec. 11-416. Furnishing
copies - Fees.
The Illinois State Police may furnish copies of an Illinois
State Police Traffic Crash Report that has been investigated by the Illinois
State Police and shall be paid a fee of $5 for each such
copy, or in the case of a crash which was investigated by a crash
reconstruction officer or crash reconstruction team, a fee of $20 shall be
paid. These fees shall be deposited into the State Police Services Fund.
Other State law enforcement agencies or law enforcement agencies of
local authorities may furnish copies of traffic crash reports
prepared by such agencies and may receive a fee not to exceed $5 for each
copy or in the case of a crash which was investigated by a crash
reconstruction officer or crash reconstruction team, the State or local law
enforcement agency may receive a fee not to exceed $20.
Any written crash report required or requested to be furnished the
Administrator shall be provided without cost or fee charges authorized
under this Section or any other provision of law.
(Source: P.A. 101-571, eff. 8-23-19; 102-538, eff. 8-20-21; 102-982, eff. 7-1-23.)
(Text of Section after amendment by P.A. 103-706) Sec. 11-416. Furnishing copies; fees. The Illinois State Police may furnish copies of an Illinois State Police Traffic Crash Report that has been investigated by the Illinois State Police and shall be paid a fee of $5 for each such copy, or in the case of a crash which was investigated by a crash reconstruction officer or crash reconstruction team, a fee of $20 shall be paid. These fees shall be deposited into the State Police Services Fund. The Department may use an online payment system for these fees. Other State law enforcement agencies or law enforcement agencies of local authorities may furnish copies of traffic crash reports prepared by such agencies and may receive a fee not to exceed $5 for each copy or in the case of a crash which was investigated by a crash reconstruction officer or crash reconstruction team, the State or local law enforcement agency may receive a fee not to exceed $20. Any written crash report required or requested to be furnished the Administrator shall be provided without cost or fee charges authorized under this Section or any other provision of law.(Source: P.A. 102-538, eff. 8-20-21; 102-982, eff. 7-1-23; 103-706, eff. 1-1-25.) |
(625 ILCS 5/11-417) Sec. 11-417. Motor vehicle crash report and motor vehicle crash data. (a) Upon written request and payment of the required fee, the Department shall make available to the public motor vehicle crash data received in compliance with this Code. The Department shall adopt any rules necessary to establish a fee schedule for motor vehicle crash data made available under Section 11-414 of this Code. (b) The Department shall provide copies of a written motor vehicle crash report or motor vehicle crash data without any cost or fees authorized under any provision of law to a federal, State, or local agency, the Secretary of State, the Illinois Commerce Commission, or any other person or entity that has a contractual agreement with the Department or a federal, State, or local agency to complete a highway safety research and study for the Department or the federal, State, or local agency. (c) All fees collected under this Section shall be placed in the Road Fund to be used, subject to appropriation, for the costs associated with motor vehicle crash records and motor vehicle crash data.
(Source: P.A. 102-982, eff. 7-1-23.) |
(625 ILCS 5/Ch. 11 Art. V heading) ARTICLE V. DRIVING WHILE UNDER THE INFLUENCE,
TRANSPORTING ALCOHOLIC LIQUOR,
AND RECKLESS DRIVING
(Source: P.A. 99-78, eff. 7-20-15.) |
(625 ILCS 5/11-500) (from Ch. 95 1/2, par. 11-500)
Sec. 11-500. Definitions. For the purposes of interpreting Sections
6-206.1 and 6-208.1 of this Code, "first offender" shall mean any person
who has not had a previous conviction or court assigned supervision for
violating Section 11-501, or a similar provision of a local ordinance,
or a conviction in any other state for a violation of driving while under
the influence or a similar offense where the cause of action is the same
or substantially similar to this Code or similar offenses committed on a military installation, or any person who has not had a driver's license suspension pursuant to paragraph 6 of subsection (a) of Section 6-206 as the result of refusal of chemical testing in another state, or any
person who has not had a driver's license
suspension or revocation for violating Section 11-501.1 within 5 years prior to the date of
the
current offense, except in cases where the driver submitted to
chemical testing resulting in 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, or an intoxicating compound listed in the Use
of
Intoxicating Compounds Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act and
was subsequently found not guilty of violating Section 11-501, or a similar
provision of a local ordinance.(Source: P.A. 99-697, eff. 7-29-16.) |
(625 ILCS 5/11-500.1)
Sec. 11-500.1. Immunity.
(a) A person authorized under this Article to withdraw blood or collect
urine or other bodily substance shall not be civilly liable for damages when the person, in good faith,
withdraws blood or collects urine or other bodily substance for evidentiary purposes under this Code,
upon the request of a law enforcement officer, unless the act is performed in a
willful and wanton manner.
(b) As used in this Section, "willful and wanton manner" means a course of
action that shows an actual or deliberate intention to cause harm or which, if
not intentional, shows an utter indifference to or conscious disregard for the
health or safety of another.
(Source: P.A. 99-697, eff. 7-29-16.)
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(625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501) Sec. 11-501. Driving while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds or any combination thereof.
(a) A person shall not drive or be in actual physical control of any vehicle within this State while: (1) the alcohol concentration in the person's blood, | ||
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(2) under the influence of alcohol; (3) under the influence of any intoxicating compound | ||
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(4) under the influence of any other drug or | ||
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(5) under the combined influence of alcohol, other | ||
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(6) there is any amount of a drug, substance, or | ||
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(7) the person has, within 2 hours of driving or | ||
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(b) The fact that any person charged with violating this Section is or has been legally entitled to use alcohol, cannabis under the Compassionate Use of Medical Cannabis Program Act, other drug or drugs, or intoxicating compound or compounds, or any combination thereof, shall not constitute a defense against any charge of violating this Section. (c) Penalties. (1) Except as otherwise provided in this Section, any | ||
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(2) A person who violates subsection (a) or a similar | ||
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(3) A person who violates subsection (a) is subject | ||
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(4) A person who violates subsection (a) a first | ||
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(5) A person who violates subsection (a) a second | ||
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(d) Aggravated driving under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof.
(1) Every person convicted of committing a violation | ||
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(A) the person committed a violation of | ||
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(B) the person committed a violation of | ||
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(C) the person in committing a violation of | ||
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(D) the person committed a violation of | ||
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(E) the person, in committing a violation of | ||
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(F) the person, in committing a violation of | ||
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(G) the person committed a violation of | ||
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(H) the person committed the violation while he | ||
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(I) the person committed the violation while he | ||
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(J) the person in committing a violation of | ||
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(K) the person in committing a second violation | ||
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(L) the person committed a violation of | ||
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(2)(A) Except as provided otherwise, a person | ||
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(B) A third violation of this Section or a similar | ||
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(C) A fourth violation of this Section or a similar | ||
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(D) A fifth violation of this Section or a similar | ||
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(E) A sixth or subsequent violation of this Section | ||
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(F) For a violation of subparagraph (C) of paragraph | ||
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(G) A violation of subparagraph (F) of paragraph (1) | ||
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(H) For a violation of subparagraph (J) of paragraph | ||
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(I) A violation of subparagraph (K) of paragraph (1) | ||
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(J) A violation of subparagraph (D) of paragraph (1) | ||
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(3) Any person sentenced under this subsection (d) | ||
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(e) Any reference to a prior violation of subsection (a) or a similar provision includes any violation of a provision of a local ordinance or a provision of a law of another state or an offense committed on a military installation that is similar to a violation of subsection (a) of this Section. (f) The imposition of a mandatory term of imprisonment or assignment of community service for a violation of this Section shall not be suspended or reduced by the court. (g) Any penalty imposed for driving with a license that has been revoked for a previous violation of subsection (a) of this Section shall be in addition to the penalty imposed for any subsequent violation of subsection (a). (h) 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.
(Source: P.A. 101-363, eff. 8-9-19; 102-982, eff. 7-1-23.) |
(625 ILCS 5/11-501.01) Sec. 11-501.01. Additional administrative sanctions. (a) After a finding of guilt and prior to any final sentencing or an order for supervision, for an offense based upon an arrest for a violation of Section 11-501 or a similar provision of a local ordinance, individuals shall be required to undergo a professional evaluation to determine if an alcohol, drug, or intoxicating compound abuse problem exists and the extent of the problem, and undergo the imposition of treatment as appropriate. Programs conducting these evaluations shall be licensed by the Department of Human Services. The cost of any professional evaluation shall be paid for by the individual required to undergo the professional evaluation. (b) Any person who is found guilty of or pleads guilty to violating Section 11-501, including any person receiving a disposition of court supervision for violating that Section, may be required by the Court to attend a victim impact panel offered by, or under contract with, a county State's Attorney's office, a probation and court services department, Mothers Against Drunk Driving, or the Alliance Against Intoxicated Motorists. All costs generated by the victim impact panel shall be paid from fees collected from the offender or as may be determined by the court. (c) (Blank). (d) The Secretary of State shall revoke the driving privileges of any person convicted under Section 11-501 or a similar provision of a local ordinance. (e) 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 of Section 11-501 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 (e), 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 Section 6-205 of this Code. (f) (Blank). (g) The Secretary of State Police DUI Fund is created as a special fund in the State treasury and, subject to appropriation, shall be used for enforcement and prevention of driving while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds or any combination thereof, as defined by Section 11-501 of this Code, including, but not limited to, the purchase of law enforcement equipment and commodities to assist in the prevention of alcohol-related criminal violence throughout the State; police officer training and education in areas related to alcohol-related crime, including, but not limited to, DUI training; and police officer salaries, including, but not limited to, salaries for hire back funding for safety checkpoints, saturation patrols, and liquor store sting operations. (h) Whenever an individual is sentenced for an offense based upon an arrest for a violation of Section 11-501 or a similar provision of a local ordinance, and the professional evaluation recommends remedial or rehabilitative treatment or education, neither the treatment nor the education shall be the sole disposition and either or both may be imposed only in conjunction with another disposition. The court shall monitor compliance with any remedial education or treatment recommendations contained in the professional evaluation. Programs conducting alcohol or other drug evaluation or remedial education must be licensed by the Department of Human Services. If the individual is not a resident of Illinois, however, the court may accept an alcohol or other drug evaluation or remedial education program in the individual's state of residence. Programs providing treatment must be licensed under existing applicable alcoholism and drug treatment licensure standards. (i) (Blank).
(j) A person that is subject to a chemical test or tests of blood under subsection (a) of Section 11-501.1 or subdivision (c)(2) of Section 11-501.2 of this Code, whether or not that person consents to testing, shall be liable for the expense up to $500 for blood withdrawal by a physician authorized to practice medicine, a licensed physician assistant, a licensed advanced practice registered nurse, a registered nurse, a trained phlebotomist, a licensed paramedic, or a qualified person other than a police officer approved by the Illinois State Police to withdraw blood, who responds, whether at a law enforcement facility or a health care facility, to a police department request for the drawing of blood based upon refusal of the person to submit to a lawfully requested breath test or probable cause exists to believe the test would disclose the ingestion, consumption, or use of drugs or intoxicating compounds if: (1) the person is found guilty of violating Section | ||
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(2) the person pleads guilty to or stipulates to | ||
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(Source: P.A. 101-81, eff. 7-12-19; 102-538, eff. 8-20-21.) |
(625 ILCS 5/11-501.1)
Sec. 11-501.1. Suspension of drivers license; statutory summary
alcohol, other drug or drugs, or intoxicating compound or
compounds related suspension or revocation; implied consent. (a) Any person who drives or is in actual physical control of a motor
vehicle upon the public highways of this State shall be deemed to have given
consent, subject to the provisions of Section 11-501.2, to a chemical test or
tests of blood, breath, other bodily substance, or urine for the purpose of determining the content of
alcohol, other drug or drugs, or intoxicating compound or compounds or
any combination thereof in the person's blood if arrested,
as evidenced by the issuance of a Uniform Traffic Ticket, for any offense
as defined in Section 11-501 or a similar provision of a local ordinance, or if arrested for violating Section 11-401.
If a law enforcement officer has probable cause to believe the person was under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or any combination thereof, the law enforcement officer shall request a chemical test or tests which 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. Up to 2 additional tests of urine or other bodily substance may be administered
even after a blood or breath test or both has
been administered. For purposes of this Section, an Illinois law
enforcement officer of this State who is investigating the person for any
offense defined in Section 11-501 may travel into an adjoining state, where
the person has been transported for medical care, to complete an
investigation and to request that the person submit to the test or tests
set forth in this Section. The requirements of this Section that the
person be arrested are inapplicable, but the officer shall issue the person
a Uniform Traffic Ticket for an offense as defined in Section 11-501 or a
similar provision of a local ordinance prior to requesting that the person
submit to the test or tests. The issuance of the Uniform Traffic Ticket
shall not constitute an arrest, but shall be for the purpose of notifying
the person that he or she is subject to the provisions of this Section and
of the officer's belief of the existence of probable cause to
arrest. Upon returning to this State, the officer shall file the Uniform
Traffic Ticket with the Circuit Clerk of the county where the offense was
committed, and shall seek the issuance of an arrest warrant or a summons
for the person. (a-5) (Blank). (b) Any person who is dead, unconscious, or who is otherwise in a condition
rendering the 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 provisions of Section 11-501.2. (c) A person requested to submit to a test as provided above shall
be warned by the law enforcement officer requesting the test that a
refusal to submit to the test will result in the statutory summary
suspension of the person's privilege to operate a motor vehicle, as provided
in Section 6-208.1 of this Code, and will also result in the disqualification of the person's privilege to operate a commercial motor vehicle, as provided in Section 6-514 of this Code, if the person is a CDL holder. The person shall also be warned that a refusal to submit to the test, when the person was involved in a motor vehicle crash that caused personal injury or death to another, will result in the statutory summary revocation of the person's privilege to operate a motor vehicle, as provided in Section 6-208.1, and will also result in the disqualification of the person's privilege to operate a commercial motor vehicle, as provided in Section 6-514 of this Code, if the person is a CDL holder. The person shall also be warned by the law
enforcement officer that if the person submits to the test or tests
provided in paragraph (a) of this Section and the alcohol concentration in
the person's blood, other bodily substance, or breath is 0.08 or greater, or testing discloses the presence of cannabis as listed in the Cannabis Control Act with a tetrahydrocannabinol concentration as defined in paragraph 6 of subsection (a) of Section 11-501.2 of this Code, or any amount of
a
drug, substance, or compound resulting from the unlawful use or consumption
of 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 detected in the person's
blood, other bodily substance or urine, a statutory summary suspension of the person's privilege to
operate a motor vehicle, as provided in Sections 6-208.1 and 11-501.1 of this
Code, will be imposed. If the person is also a CDL holder, he or she shall be warned by the law
enforcement officer that if the person submits to the test or tests
provided in paragraph (a) of this Section and the alcohol concentration in
the person's blood, other bodily substance, or breath is 0.08 or greater, or any amount of
a
drug, substance, or compound resulting from the unlawful use or consumption
of cannabis as covered by 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 detected in the person's
blood, other bodily substance, or urine, a disqualification of
the person's privilege to operate a commercial motor vehicle, as provided in Section 6-514 of this Code, will be imposed. A person who is under the age of 21 at the time the person is requested to
submit to a test as provided above shall, in addition to the warnings provided
for in this Section, be further warned by the law enforcement officer
requesting the test that if the person submits to the test or tests provided in
paragraph (a) of this Section and the alcohol concentration in the person's
blood, other bodily substance, or breath is greater than 0.00 and less than 0.08, a
suspension of the
person's privilege to operate a motor vehicle, as provided under Sections
6-208.2 and 11-501.8 of this Code, will be imposed. The results of this test
shall be admissible in a civil or criminal action or proceeding arising from an
arrest for an offense as defined in Section 11-501 of this Code or a similar
provision of a local ordinance or pursuant to Section 11-501.4 in prosecutions
for reckless homicide brought under the Criminal Code of 1961 or the Criminal Code of 2012. These test
results, however, shall be admissible only in actions or proceedings directly
related to the incident upon which the test request was made. 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 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 0.08 or more, or testing discloses the presence of cannabis as listed in the Cannabis Control Act with a tetrahydrocannabinol concentration as defined in paragraph 6 of subsection (a) of Section 11-501.2 of this Code, or any amount of a drug,
substance, or intoxicating compound in the person's breath, blood,
other bodily substance, or urine resulting from the
unlawful use or consumption of 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 shall immediately submit a sworn report to
the
circuit court of venue and the Secretary of State, certifying that the test or
tests was or were requested under paragraph (a) and the person refused to
submit to a test, or tests, or submitted to testing that disclosed an alcohol
concentration of 0.08 or more, testing discloses the presence of cannabis as listed in the Cannabis Control Act with a tetrahydrocannabinol concentration as defined in paragraph 6 of subsection (a) of Section 11-501.2 of this Code, or any amount of a drug,
substance, or intoxicating compound in the person's breath, blood, other bodily substance, or urine resulting from the
unlawful use or consumption of 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. If the person is also a CDL holder and refuses testing or submits to a test that discloses
an alcohol concentration of 0.08 or more, or any amount of a drug,
substance, or intoxicating compound in the person's breath, 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 shall also immediately submit a sworn report to
the
circuit court of venue and the Secretary of State, certifying that the test or
tests was or were requested under paragraph (a) and the person refused to
submit to a test, or tests, or submitted to testing that disclosed an alcohol concentration of 0.08 or more, or any amount of a drug,
substance, or intoxicating compound in the person's breath, 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. (e) Upon receipt of the sworn report of a law enforcement officer
submitted under paragraph (d), the Secretary of State shall enter the
statutory summary suspension or revocation and disqualification for the periods specified in Sections
6-208.1 and 6-514, respectively,
and effective as provided in paragraph (g). If the person is a first offender as defined in Section 11-500 of this
Code, and is not convicted of a violation of Section 11-501
of this Code or a similar provision of a local ordinance, then reports
received by the Secretary of State under this Section shall, except during
the actual time the Statutory Summary Suspension is in effect, be
privileged information and for use only by the courts, police officers,
prosecuting authorities or the Secretary of State, unless the person is a CDL holder, is operating a commercial motor vehicle or vehicle required to be placarded for hazardous materials, in which case the suspension shall not be privileged. Reports received by the Secretary of State under this Section shall also be made available to the parent or guardian of a person under the age of 18 years that holds an instruction permit or a graduated driver's license, regardless of whether the statutory summary suspension is in effect. A statutory summary revocation shall not be privileged information. (f) The law enforcement officer submitting the sworn report under paragraph
(d) shall serve immediate notice of the statutory summary suspension or revocation on the
person and the suspension or revocation and disqualification shall be effective as provided in paragraph (g). (1) In cases involving a person who is not a CDL | ||
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(1.3) In cases involving a person who is a CDL holder | ||
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(1.5) The officer shall confiscate any Illinois | ||
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(2) (Blank). (g) The statutory summary suspension or revocation and disqualification
referred to in this Section shall
take effect on the 46th day following the date the notice of the statutory
summary suspension or revocation was given to the person. (h) The following procedure shall apply
whenever a person is arrested for any offense as defined in Section 11-501
or a similar provision of a local ordinance: Upon receipt of the sworn report from the law enforcement officer,
the Secretary of State shall confirm the statutory summary suspension or revocation by
mailing a notice of the effective date of the suspension or revocation to the person and
the court of venue. The Secretary of State shall also mail notice of the effective date of the disqualification to the person. However, should the sworn report be defective by not
containing sufficient information or be completed in error, the
confirmation of the statutory summary suspension or revocation shall not be mailed to the
person or entered to the record; instead, the sworn report shall
be
forwarded to the court of venue with a copy returned to the issuing agency
identifying any defect. (i) As used in this Section, "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 severely bleeding wounds, distorted extremities, and injuries that require the injured party to be carried from the scene. (Source: P.A. 102-982, eff. 7-1-23.) |
(625 ILCS 5/11-501.2) (from Ch. 95 1/2, par. 11-501.2)
Sec. 11-501.2. Chemical and other tests.
(a) Upon the trial of any civil or criminal action or proceeding arising out
of an arrest for an offense as defined in Section 11-501 or a similar local
ordinance or proceedings pursuant to Section 2-118.1, evidence of the
concentration of alcohol, other drug or drugs, or intoxicating compound or
compounds, or any combination thereof in a person's blood
or breath at the time alleged, as determined by analysis of the person's blood,
urine, breath, or other bodily substance, shall be admissible. Where such test
is made the following provisions shall apply:
1. Chemical analyses of the person's blood, urine, | ||
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2. When a person in this State shall submit to a | ||
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When a blood test of a person who has been taken to | ||
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3. The person tested may have a physician, or a | ||
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4. Upon the request of the person who shall submit to | ||
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5. Alcohol concentration shall mean either grams of | ||
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6. Tetrahydrocannabinol concentration means either 5 | ||
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(a-5) Law enforcement officials may use validated roadside chemical tests or standardized field sobriety tests approved by the National Highway Traffic Safety Administration when conducting investigations of a violation of Section 11-501 or similar local ordinance by drivers suspected of driving under the influence of cannabis. The General Assembly finds that (i) validated roadside chemical tests are effective means to determine if a person is under the influence of cannabis and (ii) standardized field sobriety tests approved by the National Highway Traffic Safety Administration are divided attention tasks that are intended to determine if a person is under the influence of cannabis. The purpose of these tests is to determine the effect of the use of cannabis on a person's capacity to think and act with ordinary care and therefore operate a motor vehicle safely. Therefore, the results of these validated roadside chemical tests and standardized field sobriety tests, appropriately administered, shall be admissible in the trial of any civil or criminal action or proceeding arising out of an arrest for a cannabis-related offense as defined in Section 11-501 or a similar local ordinance or proceedings under Section 2-118.1 or 2-118.2. Where a test is made the following provisions shall apply: 1. The person tested may have a physician, or a | ||
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2. Upon the request of the person who shall submit to | ||
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3. At the trial of any civil or criminal action or | ||
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(b) Upon the trial of any civil or criminal action or proceeding arising
out of acts alleged to have been committed by any person while driving or
in actual physical control of a vehicle while under the influence of alcohol,
the concentration of alcohol in the person's blood or breath at the time
alleged as shown by analysis of the person's blood, urine, breath, or other
bodily substance shall give rise to the following presumptions:
1. If there was at that time an alcohol concentration | ||
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2. If there was at that time an alcohol concentration | ||
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3. If there was at that time an alcohol concentration | ||
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4. The foregoing provisions of this Section shall not | ||
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(b-5) Upon the trial of any civil or criminal action or proceeding arising out of acts alleged to have been committed by any person while driving or in actual physical control of a vehicle while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds or any combination thereof, the concentration of cannabis in the person's whole blood or other bodily substance at the time alleged as shown by analysis of the person's blood or other bodily substance shall give rise to the following presumptions: 1. If there was a tetrahydrocannabinol concentration | ||
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2. If there was at that time a tetrahydrocannabinol | ||
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(c) 1. If a person under arrest refuses to submit to a chemical test
under
the provisions of Section 11-501.1, evidence of refusal shall be admissible
in any civil or criminal action or proceeding arising out of acts alleged
to have been committed while the person under the influence of alcohol,
other drug or drugs, or intoxicating compound or compounds, or
any combination thereof was driving or in actual physical
control of a motor vehicle.
2. Notwithstanding any ability to refuse under this Code to submit to
these tests or any ability to revoke the implied consent to these tests, if a
law enforcement officer has probable cause to believe that a motor vehicle
driven by or in actual physical control of a person under the influence of
alcohol, other drug or drugs, or intoxicating compound or
compounds,
or any combination thereof
has caused the death or
personal injury to another, the law enforcement officer shall request, and that person shall submit, upon the request of a law
enforcement officer, to a chemical test or tests of his or her blood, breath, other bodily substance, or
urine for the purpose of
determining the alcohol content thereof or the presence of any other drug or
combination of both.
This provision does not affect the applicability of or imposition of driver's
license sanctions under Section 11-501.1 of this Code.
3. For purposes of this Section, 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.
(d) If a person refuses validated roadside chemical tests or standardized field sobriety tests under Section 11-501.9 of this Code, evidence of refusal shall be admissible in any civil or criminal action or proceeding arising out of acts committed while the person was driving or in actual physical control of a vehicle and alleged to have been impaired by the use of cannabis. (e) Illinois State Police compliance with the changes in this amendatory Act of the 99th General Assembly concerning testing of other bodily substances and tetrahydrocannabinol concentration by Illinois State Police laboratories is subject to appropriation and until the Illinois State Police adopt standards and completion validation. Any laboratories that test for the presence of cannabis or other drugs under this Article, the Snowmobile Registration and Safety Act, or the Boat Registration and Safety Act must comply with ISO/IEC 17025:2005. (Source: P.A. 101-27, eff. 6-25-19; 102-538, eff. 8-20-21; 102-982, eff. 7-1-23.)
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(625 ILCS 5/11-501.4) (from Ch. 95 1/2, par. 11-501.4)
Sec. 11-501.4. Admissibility of chemical tests of blood, other bodily substance, or urine conducted in
the regular course of providing emergency medical treatment.
(a) Notwithstanding any other provision of law, the results of
blood, other bodily substance, or urine tests performed for the purpose of determining the content of alcohol,
other drug or drugs, or intoxicating compound or compounds, or any
combination thereof, of an individual's blood, other bodily substance, or urine conducted upon persons
receiving
medical treatment in a hospital emergency room are admissible in evidence as a
business record exception to the hearsay rule only in prosecutions for any
violation of Section 11-501 of this Code or a similar provision of a local
ordinance, or in prosecutions for reckless homicide brought under the Criminal
Code of 1961 or the Criminal Code of 2012, when each of the following criteria are met:
(1) the chemical tests performed upon an individual's | ||
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(2) the chemical tests performed upon an individual's | ||
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(3) results of chemical tests performed upon an | ||
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(b) The confidentiality provisions of law pertaining to medical records
and medical treatment shall not be applicable with regard to chemical tests
performed upon an individual's blood, other bodily substance, or urine under the provisions of this Section in
prosecutions as specified in subsection (a) of this Section. No person shall
be liable for civil damages as a result of the evidentiary use of chemical
testing of an individual's blood, other bodily substance, or urine test results under this Section, or as a
result of that person's testimony made available under this Section.
(Source: P.A. 99-697, eff. 7-29-16.)
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(625 ILCS 5/11-501.4-1)
Sec. 11-501.4-1. Reporting of test results of blood, other bodily substance, or urine conducted in
the regular course of providing emergency medical treatment. (a) Notwithstanding any other provision of law, the results of blood, other bodily substance, or
urine
tests performed for the purpose of determining the content of alcohol, other
drug or drugs, or intoxicating compound or compounds, or any combination
thereof, in an individual's blood, other bodily substance, or urine conducted upon persons
receiving medical treatment in a hospital emergency room for injuries resulting
from a motor vehicle crash shall be disclosed
to the Illinois State Police
or local law enforcement agencies of jurisdiction, upon request.
Such blood, other bodily substance, or urine tests are admissible in evidence as a business record
exception to the hearsay rule only in prosecutions for any violation of Section
11-501 of this Code or a similar provision of a local ordinance, or in
prosecutions for reckless homicide brought under the Criminal Code of 1961 or the Criminal Code of 2012.
(b) The confidentiality provisions of law pertaining to medical records and
medical treatment shall not be applicable with regard to tests performed upon
an
individual's blood, other bodily substance, or urine under the provisions of subsection (a) of this
Section. No person shall be liable for civil damages or professional discipline
as a result of the disclosure or reporting of the tests or the evidentiary
use of an
individual's blood, other bodily substance, or urine test results under this Section or Section 11-501.4
or as a result of that person's testimony made available under this Section or
Section 11-501.4, except for willful or wanton misconduct.
(Source: P.A. 102-538, eff. 8-20-21; 102-982, eff. 7-1-23.)
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(625 ILCS 5/11-501.5) (from Ch. 95 1/2, par. 11-501.5)
Sec. 11-501.5. Preliminary Breath Screening Test.
(a) If a law enforcement officer has reasonable suspicion to believe
that a person is
violating or has violated Section 11-501 or a similar provision of a local
ordinance, the officer, prior to an arrest, may request the person to
provide a sample of his or her breath for a preliminary breath screening
test using a portable device approved by the Illinois State Police.
The person may refuse the test.
The results of this preliminary breath screening test may be used by the
law enforcement officer for the purpose of assisting with the determination
of whether to require a chemical test as authorized under Sections 11-501.1
and 11-501.2, and the appropriate type of test to request. Any chemical
test authorized under Sections 11-501.1 and 11-501.2 may be requested by
the officer regardless of the result of the preliminary breath screening
test, if probable cause for an arrest exists. The result of a preliminary
breath screening test may be used by the defendant as evidence in any
administrative or court proceeding involving a violation of Section 11-501 or
11-501.1.
(b) The Illinois State Police shall create a pilot program to
establish
the effectiveness of pupillometer technology (the measurement of the pupil's
reaction to light) as a noninvasive technique to detect and measure possible
impairment of any person who drives or is in actual physical control of a motor
vehicle resulting from the suspected usage of alcohol, other drug or drugs,
intoxicating compound or compounds or any combination thereof. This technology
shall also be used to detect fatigue levels of the operator of a Commercial
Motor Vehicle as defined in Section 6-500(6), pursuant to Section 18b-105
(Part 395-Hours of Service of Drivers) of the Illinois Vehicle Code.
A State Police officer may request that the operator of a commercial motor
vehicle have his or her eyes examined or tested with a pupillometer device.
The person may refuse the examination or test. The State Police officer shall
have the device readily available to limit undue delays.
If a State Police officer has reasonable suspicion to believe that a
person is violating or has violated Section 11-501, the officer may use the
pupillometer technology, when available. The officer, prior to an arrest, may
request the person to have his or her eyes examined or tested with a
pupillometer device. The person may refuse the examination or test. The
results of this examination or test may be used by
the officer for the purpose of assisting with the determination of whether to
require a chemical test as authorized under Sections 11-501.1 and 11-501.2 and
the appropriate type of test to request. Any chemical test authorized under
Sections 11-501.1 and 11-501.2 may be requested by the officer regardless of
the result of the pupillometer examination or test, if probable cause for an
arrest exists. The result of the examination or test may be used by the
defendant as evidence in any administrative or court proceeding involving a
violation of 11-501 or 11-501.1.
The pilot program shall last for a period of 18 months and involve the
testing of 15 pupillometer devices. Within 90 days of the completion of the
pilot project, the Illinois State Police shall file a report with the
President of the Senate and Speaker of the House evaluating the project.
(Source: P.A. 102-538, eff. 8-20-21.)
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(625 ILCS 5/11-501.6) (from Ch. 95 1/2, par. 11-501.6) Sec. 11-501.6. Driver involvement in personal injury or fatal motor
vehicle crash; chemical test. (a) Any person who drives or is in actual control of a motor vehicle
upon the public highways of this State and who has been involved in a
personal injury or fatal motor vehicle crash, shall be deemed to have
given consent to a breath test using a portable device as approved by the
Illinois State Police or to a chemical test or tests
of blood, breath, other bodily substance, or
urine for the purpose of determining the content of alcohol,
other
drug or drugs, or intoxicating compound or compounds of such
person's blood if arrested as evidenced by the issuance of a Uniform Traffic
Ticket for any violation of the Illinois Vehicle Code or a similar provision of
a local ordinance, with the exception of equipment violations contained in
Chapter 12 of this Code, or similar provisions of local ordinances. 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. Up to 2 additional tests of urine or other bodily substance may be administered even
after a blood or breath test or both has been administered. Compliance with
this Section does not relieve such person from the requirements of Section
11-501.1 of this Code. (b) Any person who is dead, unconscious or who is otherwise in a
condition rendering such person incapable of refusal shall be deemed not to
have withdrawn the consent provided by subsection (a) of this Section. In
addition, if a driver of a vehicle is receiving medical treatment as a
result of a motor vehicle crash, any physician licensed to practice
medicine, licensed physician assistant, licensed advanced practice registered nurse, registered nurse or a phlebotomist acting under the direction of
a licensed physician shall withdraw blood for testing purposes to ascertain
the presence of alcohol, other drug or drugs, or intoxicating
compound or compounds, upon the specific request of a law
enforcement officer. However, no such testing shall be performed until, in
the opinion of the medical personnel on scene, the withdrawal can be made
without interfering with or endangering the well-being of the patient. (c) A person requested to submit to a test as provided above 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 0.08 or more, or testing discloses the presence of cannabis as listed in the Cannabis Control Act with a tetrahydrocannabinol concentration as defined in paragraph 6 of subsection (a) of Section 11-501.2 of this Code, or any amount of a drug, substance,
or intoxicating compound
resulting from the unlawful use or consumption of 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 as detected in such person's blood, other bodily substance, or urine, may
result in the suspension of such person's privilege to operate a motor vehicle. If the person is also a CDL holder, he or she 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 0.08 or more, or any amount of a drug, substance,
or intoxicating compound
resulting from the unlawful use or consumption of cannabis, as covered by 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 as detected in the person's blood, other bodily substance, or urine, may result in the disqualification of the person's privilege to operate a commercial motor vehicle, as provided in Section 6-514 of this Code.
The length of the suspension shall be the same as outlined in Section
6-208.1 of this Code regarding statutory summary suspensions. 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 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 which discloses
an alcohol concentration of 0.08 or more, the presence of cannabis as listed in the Cannabis Control Act with a tetrahydrocannabinol concentration as defined in paragraph 6 of subsection (a) of Section 11-501.2 of this Code, or any amount of a drug,
substance,
or intoxicating compound in such person's blood or urine resulting from the
unlawful use or
consumption of 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 shall immediately submit a sworn report to the Secretary of
State on a form prescribed by the Secretary, 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 0.08 or more, the presence of cannabis as listed in the Cannabis Control Act with a tetrahydrocannabinol concentration as defined in paragraph 6 of subsection (a) of Section 11-501.2 of this Code, or any amount of a drug, substance, or intoxicating
compound
in such
person's blood, other bodily substance, or urine, resulting from the unlawful use or consumption of
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. If the person is also a CDL holder and refuses testing or submits to a test which discloses
an alcohol concentration of 0.08 or more, or any amount of a drug,
substance,
or intoxicating compound in the 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 shall immediately submit a sworn report to the Secretary of
State on a form prescribed by the Secretary, 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 0.08 or more, or any amount of a drug, substance, or intoxicating
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. Upon receipt of the sworn report of a law enforcement officer, the
Secretary shall enter the suspension and disqualification to the individual's driving record and the
suspension and disqualification shall be effective on the 46th day following the date notice of the
suspension was given to the person. The law enforcement officer submitting the sworn report shall serve immediate
notice of this suspension on the person and such suspension and disqualification shall be effective
on the 46th day following the date notice was given. In cases involving a person who is not a CDL holder where the blood alcohol concentration of 0.08 or more,
or blood testing discloses the presence of cannabis as listed in the Cannabis Control Act with a tetrahydrocannabinol concentration as defined in paragraph 6 of subsection (a) of Section 11-501.2 of this Code, or any amount
of a drug, substance, or intoxicating compound resulting from the unlawful
use or
consumption of 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 a
subsequent analysis of blood, other bodily substance, or urine collected at the time of arrest, the
arresting officer shall give 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 at his or her address as shown on the Uniform Traffic
Ticket and the suspension shall be effective on the 46th day following the date
notice was given. In cases involving a person who is a CDL holder where the blood alcohol concentration of 0.08 or more,
or any amount
of a drug, substance, or intoxicating compound resulting from the unlawful
use or
consumption of cannabis as 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 a
subsequent analysis of blood, other bodily substance, or urine collected at the time of arrest, the
arresting officer shall give 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 the person at his or her address as shown on the Uniform Traffic
Ticket and the suspension and disqualification 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
shall also give notice of the suspension and disqualification to the driver by mailing a notice of
the effective date of the suspension and disqualification to the individual. However, should the
sworn report be defective by not containing sufficient information or be
completed in error, the notice of the suspension and disqualification shall not be mailed to the
person 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 suspension of his or her
driving privileges and disqualification of his or her CDL privileges by
requesting an administrative hearing with the Secretary in accordance with
Section 2-118 of this Code. At the conclusion of a hearing held under
Section 2-118 of this Code, the Secretary may rescind, continue, or modify the
orders
of suspension and disqualification. If the Secretary does not rescind the orders of suspension and disqualification, a restricted
driving permit may be granted by the Secretary upon application being made and
good cause shown. A restricted driving permit may be granted to relieve undue
hardship to allow driving for employment, educational, and medical purposes as
outlined in Section 6-206 of this Code. The provisions of Section 6-206 of
this Code shall apply. 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 suspended, revoked, cancelled, or disqualified.
(f) (Blank). (g) 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.(Source: P.A. 102-538, eff. 8-20-21; 102-982, eff. 7-1-23.) |
(625 ILCS 5/11-501.7) (from Ch. 95 1/2, par. 11-501.7)
Sec. 11-501.7.
(a) As a condition of probation or discharge of a
person convicted of a violation of Section 11-501 of this Code, who was
less than 21 years of age at the time of the offense, or a person
adjudicated delinquent pursuant to the Juvenile Court Act of 1987, for violation of
Section 11-501 of this Code, the Court may order the offender to
participate in the Youthful Intoxicated Drivers' Visitation Program.
The Program shall consist of a supervised visitation as provided
by this Section by the person to at least one of the following, to the
extent that personnel and facilities are available:
(1) A State or private rehabilitation facility that | ||
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(2) A facility which cares for advanced alcoholics to | ||
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(3) If approved by the coroner of the county where | ||
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(b) The Program shall be operated by the appropriate probation
authorities of the courts of the various circuits. The youthful offender
ordered to participate in the Program shall bear all costs associated with
participation in the Program. A parent or guardian of the offender may
assume the obligation of the offender to pay the costs of the Program. The
court may waive the requirement that the offender pay the costs of
participation in the Program upon a finding of indigency.
(c) As used in this Section, "appropriate victims" means victims whose
condition is determined by the visit supervisor to demonstrate the results of
motor vehicle crashes involving persons under the influence of alcohol
without being excessively gruesome or traumatic to the observer.
(d) Any visitation shall include, before any observation of victims or
persons with disabilities, a comprehensive counseling session with the visitation
supervisor at which the supervisor shall explain and discuss the
experiences which may be encountered during the visitation in order to
ascertain whether the visitation is appropriate.
(Source: P.A. 101-81, eff. 7-12-19; 102-982, eff. 7-1-23.)
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(625 ILCS 5/11-501.8)
Sec. 11-501.8. Suspension of driver's license; persons under age 21.
(a) A person who is less than 21 years of age and who drives or
is in actual physical control of a motor vehicle 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 the Illinois
Vehicle 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. Up to 2 additional tests of urine or other bodily substance 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:
(i) Chemical analysis of the person's blood, urine, | ||
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(ii) When a person submits to a blood test at the | ||
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(iii) The person tested may have a physician, | ||
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(iv) Upon a request of the person who submits to a | ||
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(v) Alcohol concentration means either grams of | ||
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(vi) If a driver is receiving medical treatment as a | ||
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(c) A person requested to submit to a test as provided above 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 operate a
motor vehicle and may result in the disqualification of the person's privilege to operate a commercial motor vehicle, as provided in Section 6-514 of this Code, if the person is a CDL holder. The loss of driving privileges shall be imposed in accordance
with Section 6-208.2 of this Code.
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 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 under the age of 21 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 0.08.
Upon receipt of the sworn report of a law enforcement officer, the Secretary
of State shall enter the suspension and disqualification on the individual's driving
record and the suspension and disqualification shall be effective on the 46th day following the date
notice of the suspension was given to the person. If this suspension is the
individual's first driver's license suspension under this Section, reports
received by the Secretary of State under this Section shall, except during the
time the suspension is in effect, be privileged information and for use only by
the courts, police officers, prosecuting authorities, the Secretary of State,
or the individual personally, unless the person is a CDL holder, is operating a commercial motor vehicle or vehicle required to be placarded for hazardous materials, in which case the suspension shall not be privileged.
Reports received by the Secretary of State under this Section shall also be made available to the parent or guardian of a person under the age of 18 years that holds an instruction permit or a graduated driver's license, regardless of whether the suspension is in effect.
The law enforcement officer submitting the sworn report shall serve immediate
notice of this suspension on the person and the suspension and disqualification 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 last known address and the loss of driving
privileges 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 suspension and disqualification to the driver
by mailing a notice of the effective date of the suspension and disqualification to the individual.
However, should the sworn report be defective by not containing sufficient
information or be completed in error, the notice of the suspension and disqualification shall not be mailed to the person 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 suspension and disqualification 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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At the conclusion of the hearing held under Section 2-118 of
this Code, the Secretary of State may rescind, continue, or modify the suspension and disqualification. If the Secretary of State does not rescind the suspension and disqualification, a
restricted driving permit may be granted by the Secretary of State upon
application being made and good cause shown. A restricted driving permit may be
granted to relieve undue hardship by allowing driving for employment,
educational, and medical purposes as outlined in item (3) of part (c) of
Section 6-206 of this Code. The provisions of item (3) of part (c) of Section
6-206 of this Code and of subsection (f) of that Section shall apply. The Secretary of State shall promulgate rules
providing for participation in an alcohol education and awareness program or
activity, a drug education and awareness program or activity, or both as a
condition to the issuance of a restricted driving permit for suspensions
imposed under this Section.
(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 are under
age 21 at the time of the issuance of a Uniform Traffic Ticket for a
violation of the Illinois Vehicle 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, cancelling, or
disqualifying any license or
permit 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.) |
(625 ILCS 5/11-501.9) Sec. 11-501.9. Suspension of driver's license; failure or refusal of validated roadside chemical tests; failure or refusal of field sobriety tests; implied consent. (a) A person who drives or is in actual physical control of a motor vehicle upon the public highways of this State shall be deemed to have given consent to (i) validated roadside chemical tests or (ii) standardized field sobriety tests approved by the National Highway Traffic Safety Administration, under subsection (a-5) of Section 11-501.2 of this Code, if detained by a law enforcement officer who has a reasonable suspicion that the person is driving or is in actual physical control of a motor vehicle while impaired by the use of cannabis. The law enforcement officer must have an independent, cannabis-related factual basis giving reasonable suspicion that the person is driving or in actual physical control of a motor vehicle while impaired by the use of cannabis for conducting validated roadside chemical tests or standardized field sobriety tests, which shall be included with the results of the validated roadside chemical tests and field sobriety tests in any report made by the law enforcement officer who requests the test. The person's possession of a registry identification card issued under the Compassionate Use of Medical Cannabis Program Act alone is not a sufficient basis for reasonable suspicion. For purposes of this Section, a law enforcement officer of this State who is investigating a person for an offense under Section 11-501 of this Code may travel into an adjoining state where the person has been transported for medical care to complete an investigation and to request that the person submit to field sobriety tests under this Section. (b) A person who is unconscious, or otherwise in a condition rendering the person incapable of refusal, shall be deemed to have withdrawn the consent provided by subsection (a) of this Section. (c) A person requested to submit to validated roadside chemical tests or field sobriety tests, as provided in this Section, shall be warned by the law enforcement officer requesting the field sobriety tests that a refusal to submit to the validated roadside chemical tests or field sobriety tests will result in the suspension of the person's privilege to operate a motor vehicle, as provided in subsection (f) of this Section. The person shall also be warned by the law enforcement officer that if the person submits to validated roadside chemical tests or field sobriety tests as provided in this Section which disclose the person is impaired by the use of cannabis, a suspension of the person's privilege to operate a motor vehicle, as provided in subsection (f) of this Section, will be imposed. (d) The results of validated roadside chemical tests or field sobriety tests administered under this Section shall be admissible in a civil or criminal action or proceeding arising from an arrest for an offense as defined in Section 11-501 of this Code or a similar provision of a local ordinance. These test results shall be admissible only in actions or proceedings directly related to the incident upon which the test request was made. (e) If the person refuses validated roadside chemical tests or field sobriety tests or submits to validated roadside chemical tests or field sobriety tests that disclose the person is impaired by the use of cannabis, the law enforcement officer shall immediately submit a sworn report to the circuit court of venue and the Secretary of State certifying that testing was requested under this Section and that the person refused to submit to validated roadside chemical tests or field sobriety tests or submitted to validated roadside chemical tests or field sobriety tests that disclosed the person was impaired by the use of cannabis. The sworn report must include the law enforcement officer's factual basis for reasonable suspicion that the person was impaired by the use of cannabis. (f) Upon receipt of the sworn report of a law enforcement officer submitted under subsection (e) of this Section, the Secretary of State shall enter the suspension to the driving record as follows: (1) for refusal or failure to complete validated | ||
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(2) for submitting to validated roadside chemical | ||
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The Secretary of State shall confirm the suspension by mailing a notice of the effective date of the suspension to the person and the court of venue. However, should the sworn report be defective for insufficient information or be completed in error, the confirmation of the suspension shall not be mailed to the person or entered to the record; instead, the sworn report shall be forwarded to the court of venue with a copy returned to the issuing agency identifying the defect. (g) The law enforcement officer submitting the sworn report under subsection (e) of this Section shall serve immediate notice of the suspension on the person and the suspension shall be effective as provided in subsection (h) of this Section. If immediate notice of the suspension cannot be given, the arresting officer or arresting agency shall give notice by deposit in the United States mail of the notice in an envelope with postage prepaid and addressed to the person at his or her address as shown on the Uniform Traffic Ticket and the suspension shall begin as provided in subsection (h) of this Section. The officer shall confiscate any Illinois driver's license or permit on the person at the time of arrest. If the person has a valid driver's license or permit, the officer shall issue the person a receipt, in a form prescribed by the Secretary of State, that will allow the person to drive during the period provided for in subsection (h) of this Section. The officer shall immediately forward the driver's license or permit to the circuit court of venue along with the sworn report under subsection (e) of this Section. (h) The suspension under subsection (f) of this Section shall take effect on the 46th day following the date the notice of the suspension was given to the person. (i) When a driving privilege has been suspended under this Section and the person is subsequently convicted of violating Section 11-501 of this Code, or a similar provision of a local ordinance, for the same incident, any period served on suspension under this Section shall be credited toward the minimum period of revocation of driving privileges imposed under Section 6-205 of this Code.
(Source: P.A. 101-27, eff. 6-25-19; 101-363, eff. 8-9-19; 102-558, eff. 8-20-21.) |
(625 ILCS 5/11-501.10) Sec. 11-501.10. (Repealed).
(Source: P.A. 102-538, eff. 8-20-21. Repealed internally, eff. 7-1-21) |
(625 ILCS 5/11-502) (from Ch. 95 1/2, par. 11-502)
Sec. 11-502. Transportation or possession of alcoholic liquor in
a motor vehicle. (a) Except as provided in paragraph (c) and in Sections 6-6.5 and 6-33 of the Liquor Control Act of 1934, no driver may
transport, carry, possess or have any alcoholic
liquor within the passenger area of any motor vehicle upon a highway in
this State except in the original container and with the seal unbroken.
(b) Except as provided in paragraph (c) and in Sections 6-6.5 and 6-33 of the Liquor Control Act of 1934, no passenger may carry, possess
or have any alcoholic liquor within any passenger area of any motor vehicle
upon a highway in this State except in the original container and with the
seal unbroken.
(c) This Section shall not apply to the passengers in a limousine when
it is being used for purposes for which a limousine is ordinarily used,
the passengers on a chartered bus when it is being used for purposes for
which chartered buses are ordinarily used or on a motor home or mini motor
home as defined in Section 1-145.01 of this Code. However, the driver of
any such vehicle is prohibited from consuming or having any alcoholic
liquor in or about the driver's area. Any evidence of alcoholic consumption
by the driver shall be prima facie evidence of such driver's failure to
obey this Section. For the purposes of this Section, a limousine is a motor
vehicle of the first division with the passenger compartment enclosed by a
partition or dividing window used in the for-hire transportation of
passengers and operated by an individual in possession of a valid Illinois
driver's license of the appropriate classification pursuant to Section 6-104
of this Code.
(d) (Blank).
(e) Any driver who is convicted of violating subsection (a) of this
Section for a second or subsequent time within one year of a similar
conviction shall be subject to suspension of driving privileges as
provided, in paragraph 23 of subsection (a) of Section 6-206 of this Code.
(f) Any driver, who is less than 21 years of age at the date of the
offense and who is convicted of violating subsection (a) of this Section or a
similar provision of a local ordinance, shall be subject to the loss of driving
privileges as provided in paragraph 13 of subsection (a) of Section 6-205 of
this Code and paragraph 33 of subsection (a) of Section 6-206 of this Code.
(Source: P.A. 101-517, eff. 8-23-19.)
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(625 ILCS 5/11-502.1) Sec. 11-502.1. Possession of medical cannabis in a motor vehicle. (a) No driver, who is a medical cannabis cardholder, may use medical cannabis within the passenger area of any motor vehicle upon a highway in this State. (b) No driver, who is a medical cannabis cardholder, a medical cannabis designated caregiver, medical cannabis cultivation center agent, or dispensing organization agent may possess medical cannabis within any area of any motor vehicle upon a highway in this State except in a secured, sealed or resealable, odor-proof, and child-resistant medical cannabis container that is inaccessible. (c) No passenger, who is a medical cannabis card holder, a medical cannabis designated caregiver, or medical cannabis dispensing organization agent may possess medical cannabis within any passenger area of any motor vehicle upon a highway in this State except in a secured, sealed or resealable, odor-proof, and child-resistant medical cannabis container that is inaccessible. (d) Any person who violates subsections (a) through (c) of this Section: (1) commits a Class A misdemeanor; (2) shall be subject to revocation of his or her | ||
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(3) shall be subject to revocation of his or her | ||
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(Source: P.A. 101-27, eff. 6-25-19; 102-98, eff. 7-15-21; 102-558, eff. 8-20-21.) |
(625 ILCS 5/11-502.15) Sec. 11-502.15. Possession of adult use cannabis in a motor vehicle. (a) No driver may use cannabis within the passenger area of any motor vehicle upon a highway in this State. (b) No driver may possess cannabis within any area of any motor vehicle upon a highway in this State except in a secured, sealed or resealable, odor-proof, child-resistant cannabis container that is inaccessible. (c) No passenger may possess cannabis within any passenger area of any motor vehicle upon a highway in this State except in a secured, sealed or resealable, odor-proof, child-resistant cannabis container that is inaccessible. (d) Any person who knowingly violates subsection (a), (b), or (c) of this Section commits a Class A misdemeanor.
(Source: P.A. 101-27, eff. 6-25-19; 102-98, eff. 7-15-21.) |
(625 ILCS 5/11-503) (from Ch. 95 1/2, par. 11-503)
Sec. 11-503. Reckless driving; aggravated reckless driving.
(a) A
person commits reckless driving if he or she: (1) drives any vehicle with a willful or wanton | ||
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(2) knowingly drives a vehicle and uses an incline in | ||
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(b) Every person convicted of reckless driving shall be guilty of a
Class A misdemeanor, except as provided under subsections (b-1), (c), and (d) of this
Section.
(b-1) Except as provided in subsection (d), any person convicted of violating subsection (a), if the violation causes bodily harm to a child or a school crossing guard while the school crossing guard is performing his or her official duties, is guilty of a Class 4 felony.
(c) Every person convicted of committing a violation of subsection (a)
shall
be guilty of aggravated reckless driving if the violation results in great
bodily harm or permanent disability or disfigurement to another. Except as provided in subsection (d) of this Section, aggravated
reckless driving is a Class 4 felony. (d) Any person convicted of violating subsection (a), if the violation causes great bodily harm or permanent disability or disfigurement to a child or a school crossing guard while the school crossing guard is performing his or her official duties, is guilty of aggravated reckless driving. Aggravated reckless driving under this subsection (d) is a Class 3 felony.
(Source: P.A. 95-467, eff. 6-1-08.)
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(625 ILCS 5/11-504)
Sec. 11-504. (Repealed).
(Source: P.A. 83-831. Repealed by P.A. 95-310, eff. 1-1-08.)
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(625 ILCS 5/11-505) (from Ch. 95 1/2, par. 11-505)
Sec. 11-505.
No person shall operate any motor vehicle in such a
manner as to cause or allow to be emitted squealing, screeching or other
such noise from the vehicle's tires due to rapid acceleration or excessive
speed around corners or other such reason.
This Section shall not apply to the following conditions:
(a) an authorized emergency vehicle, when responding to an emergency
call or when in the pursuit of an actual or suspected violator; nor
(b) the emergency operation of a motor vehicle when avoiding imminent
danger; nor
(c) any raceway, racing facility or other public event, not part of a
highway, sanctioned by the appropriate governmental authority.
(Source: P.A. 86-664.)
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(625 ILCS 5/11-506) (Text of Section before amendment by P.A. 103-706) Sec. 11-506. Street racing; aggravated street racing; street sideshows. (a) No person shall engage in street racing on any street or highway of this State. (a-5) No person shall engage in a street sideshow on any street or highway of this State. (b) No owner of any vehicle shall acquiesce in or permit his or her vehicle to be used by another for the purpose of street racing or a street sideshow. (b-5) A person may not knowingly interfere with or cause the movement of traffic to slow or stop for the purpose of facilitating street racing or a street sideshow. (c) For the purposes of this Section: "Acquiesce" or "permit" means actual knowledge that the motor vehicle was to be used for the purpose of street racing. "Motor vehicle stunt" includes, but is not limited to, operating a vehicle in a manner that causes the vehicle to slide or spin, driving within the proximity of a gathering of persons, performing maneuvers to demonstrate the performance capability of the motor vehicle, or maneuvering the vehicle in an attempt to elicit a reaction from a gathering of persons. "Street racing" means: (1) The operation of 2 or more vehicles from a point | ||
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(2) The operation of one or more vehicles over a | ||
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(3) The use of one or more vehicles in an attempt to | ||
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(4) The use of one or more vehicles to prevent | ||
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(5) The use of one or more vehicles to arrive at a | ||
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(6) The use of one or more vehicles to test the | ||
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"Street sideshow" means an event in which one or more vehicles block or impede traffic on a street or highway, for the purpose of performing unauthorized motor vehicle stunts, motor vehicle speed contests, or motor vehicle exhibitions of speed. (d) Penalties. (1) Any person who is convicted of a violation of | ||
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(2) Any person who is convicted of a violation of | ||
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(3) Every person convicted of committing a violation | ||
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(Source: P.A. 102-733, eff. 1-1-23; 102-982, eff. 7-1-23; 103-154, eff. 6-30-23.) (Text of Section after amendment by P.A. 103-706) Sec. 11-506. Street racing; aggravated street racing; street sideshows. (a) No person shall engage in street racing on any street or highway of this State. (a-5) No person shall engage in a street sideshow on any street or highway of this State. (b) No owner of any vehicle shall acquiesce in or permit his or her vehicle to be used by another for the purpose of street racing or a street sideshow. (b-5) A person may not knowingly interfere with or cause the movement of traffic to slow or stop for the purpose of facilitating street racing or a street sideshow. (c) For the purposes of this Section: "Acquiesce" or "permit" means actual knowledge that the motor vehicle was to be used for the purpose of street racing or a street sideshow. "Motor vehicle stunt" includes, but is not limited to, operating a vehicle in a manner that causes the vehicle to slide or spin, driving within the proximity of a gathering of persons, performing maneuvers to demonstrate the performance capability of the motor vehicle, or maneuvering the vehicle in an attempt to elicit a reaction from a gathering of persons. "Street racing" means: (1) The operation of 2 or more vehicles from a point | ||
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(2) The operation of one or more vehicles over a | ||
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(3) The use of one or more vehicles in an attempt to | ||
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(4) The use of one or more vehicles to prevent | ||
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(5) The use of one or more vehicles to arrive at a | ||
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(6) The use of one or more vehicles to test the | ||
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"Street sideshow" means an event in which one or more vehicles block or impede traffic on a street or highway, for the purpose of performing unauthorized motor vehicle stunts, motor vehicle speed contests, or motor vehicle exhibitions of speed. (d) Penalties. (1) Any person who is convicted of a violation of | ||
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(2) Any person who is convicted of a violation of | ||
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(3) Every person convicted of committing a violation | ||
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(Source: P.A. 102-733, eff. 1-1-23; 102-982, eff. 7-1-23; 103-154, eff. 6-30-23; 103-706, eff. 1-1-25.) |
(625 ILCS 5/11-507) Sec. 11-507. Supervising a minor driver while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds or any combination thereof. (a) A person shall not accompany or provide instruction, pursuant to subsection (a) of Section 6-107.1 of this Code, to a driver who is a minor and driving a motor vehicle pursuant to an instruction permit under Section 6-107.1 of this Code, while: (1) the alcohol concentration in the person's blood, | ||
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(2) under the influence of alcohol; (3) under the influence of any intoxicating compound | ||
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(4) under the influence of any other drug or | ||
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(5) under the combined influence of alcohol, other | ||
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(6) there is any amount of a drug, substance, or | ||
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(b) A person found guilty of violating this Section is guilty of an offense against the regulations governing the movement of vehicles.
(Source: P.A. 99-697, eff. 7-29-16.) |
(625 ILCS 5/Ch. 11 Art. VI heading) ARTICLE VI.
SPEED RESTRICTIONS
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(625 ILCS 5/11-601) (from Ch. 95 1/2, par. 11-601)
Sec. 11-601. General speed restrictions.
(a) No vehicle may be driven upon any highway of this State at a speed
which is greater than is reasonable and proper with regard to traffic
conditions and the use of the highway, or endangers the safety of any
person or property. The fact that the speed of a vehicle does not exceed
the applicable maximum speed limit does not relieve the driver from the
duty to decrease speed when approaching and crossing an intersection,
approaching and going around a curve, when approaching a hill crest, when
traveling upon any narrow or winding roadway, or when special hazard exists
with respect to pedestrians or other traffic or by reason of weather or
highway conditions. Speed must be decreased as may be necessary to avoid
colliding with any person or vehicle on or entering the highway in
compliance with legal requirements and the duty of all persons to use due
care.
(a-5) For purposes of this Section, "urban district" does not include any interstate highway as defined by Section 1-133.1 of this Code which includes all highways under the jurisdiction of the Illinois State Toll Highway Authority. (b) No person may drive a vehicle upon any highway of this State at a
speed which is greater than the applicable statutory maximum speed limit
established by paragraphs (c), (d), (e), (f) or (g) of this Section, by
Section 11-605 or by a regulation or ordinance made under this Chapter.
(c) Unless some other speed restriction is established under this
Chapter, the maximum speed limit in an urban district for all vehicles is:
1. 30 miles per hour; and
2. 15 miles per hour in an alley.
(d) Unless some other speed restriction is established under this Chapter,
the maximum speed limit outside an urban district for any vehicle is (1) 65 miles per hour for all or part of highways that are designated by
the Department, have at least 4 lanes of traffic, and have a separation between
the roadways moving in opposite directions and (2) 55 miles per hour for all
other highways, roads, and streets.
(d-1) Unless some other speed restriction is established under this Chapter,
the maximum speed limit outside an urban district for any vehicle is (1) 70 miles per hour on any interstate highway as defined by Section 1-133.1 of this Code which includes all highways under the jurisdiction of the Illinois State Toll Highway Authority; (2) 65 miles per hour for all or part of highways that are designated by the Department, have at least 4 lanes of traffic, and have a separation between the roadways moving in opposite directions; and (3) 55 miles per hour for all other highways, roads, and streets. The counties of Cook, DuPage, Kane, Lake, Madison, McHenry, St. Clair, and Will may adopt ordinances setting a maximum speed limit on highways, roads, and streets that is lower than the limits established by this Section. (e) In the counties of Cook, DuPage, Kane, Lake, McHenry, and Will, unless some lesser speed restriction is established under
this
Chapter, the maximum speed limit outside an urban district for a second
division vehicle designed or used for the carrying of a gross weight of
8,001 pounds or more (including the weight of the vehicle and
maximum load) is 60 miles per hour on any interstate highway as defined by Section 1-133.1 of this Code and
55 miles per hour on all other highways, roads, and streets.
(e-1) (Blank). (f) Unless some other speed restriction is established under this Chapter,
the maximum speed limit outside an urban district for a bus is:
1. 65 miles per hour upon any highway which has at | ||
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1.5. 70 miles per hour upon any interstate highway as | ||
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2. 55 miles per hour on any other highway.
(g) (Blank).
(Source: P.A. 98-511, eff. 1-1-14; 98-1126, eff. 1-1-15; 98-1128, eff. 1-1-15; 99-78, eff. 7-20-15.)
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(625 ILCS 5/11-601.5)
Sec. 11-601.5. Driving 26 miles per hour or more in excess of
applicable limit. (a) A person who drives a vehicle upon any highway of
this State at a speed that is 26 miles per hour or more but less than 35 miles per hour in excess of
the applicable maximum speed limit established under this Chapter or a
local ordinance commits a Class B misdemeanor. (b) A person who drives a vehicle upon any highway of
this State at a speed that is 35 miles per hour or more in excess of
the applicable maximum speed limit established under this Chapter or a
local ordinance commits a Class A misdemeanor.
(Source: P.A. 98-511, eff. 1-1-14.)
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(625 ILCS 5/11-602) (from Ch. 95 1/2, par. 11-602)
Sec. 11-602. Alteration of limits by Department. Whenever the Department
determines,
upon the basis of an engineering and traffic investigation concerning any
highway for which the Department has maintenance responsibility, that a
maximum speed limit prescribed in Section 11-601 of this Chapter is greater
or less than is reasonable or safe with respect to the conditions found
to exist at any intersection or other place on such highway or along any
part or zone thereof, the Department shall determine and declare a reasonable
and safe absolute maximum speed limit applicable to such intersection or
place, or along such part or zone. However, such limit shall conform with the maximum speed limit restrictions provided for in Section 11-601 of this Code. Where
a highway under the Department's jurisdiction
is contiguous to school property, the Department may, at the school district's
request, set a
reduced maximum speed limit for student safety purposes in the portion of the
highway that faces the school property and in the portions of the highway that
extend
one-quarter mile in each direction from the opposite ends of the school
property. A limit determined and
declared as provided in this Section becomes effective, and suspends the
applicability of the limit
prescribed
in Section 11-601 of this Chapter, when appropriate signs giving notice
of the limit are erected at such intersection or other
place, or along such part or zone of the highway. Electronic
speed-detecting devices shall not be used within 500 feet beyond any such
sign in the direction of travel; if so used in violation hereof, evidence
obtained thereby shall be inadmissible in any prosecution for speeding.
However, nothing in this Section prohibits the use of such electronic
speed-detecting devices within 500 feet of a sign within a special
school speed zone indicating such zone, conforming to the requirements of
Section 11-605 of this Act, nor shall evidence obtained thereby be
inadmissible in any prosecution for speeding provided the use of such
device shall apply only to the enforcement of the speed limit in such
special school speed zone.
(Source: P.A. 98-511, eff. 1-1-14.)
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(625 ILCS 5/11-603) (from Ch. 95 1/2, par. 11-603)
Sec. 11-603. Alteration of limits by Toll Highway Authority.
Whenever the Illinois State Toll Highway Authority
determines, upon the basis of an
engineering and traffic investigation concerning a toll highway under its
jurisdiction, that a maximum speed limit prescribed in Section 11-601 of
this Chapter is greater or less than is reasonable or safe with respect to
conditions found to exist at any place or along any part or zone of such
highway, the Authority shall determine and declare by regulation a
reasonable and safe absolute maximum speed limit at such place or along
such part or zone, and the speed limit shall conform with the maximum speed limit restrictions provided for in Section 11-601 of this Code. A limit so determined
and declared becomes effective, and suspends the application of the limit
prescribed in Section 11-601 of this Chapter, when (a) the Department
concurs in writing with the Authority's regulation, and (b) appropriate
signs giving notice of the limit are erected at such place or along such
part or zone of the highway. Electronic speed-detecting devices shall not
be used within 500 feet beyond any such sign in the direction of travel; if
so used in violation hereof, evidence obtained thereby shall be
inadmissible in any prosecution for speeding.
(Source: P.A. 98-511, eff. 1-1-14.)
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(625 ILCS 5/11-604) (from Ch. 95 1/2, par. 11-604)
Sec. 11-604. Alteration of limits by local authorities. (a) Subject to
the limitations set forth in this Section, the county board of a county
may establish absolute maximum speed limits on all county highways,
township roads and district roads as defined in the Illinois Highway
Code, except those under the jurisdiction
of the Department or of the Illinois State Toll Highway Authority, as
described in Sections 11-602 and 11-603 of this Chapter; and any park
district, city, village, or incorporated town may establish absolute
maximum speed limits on all streets which are within its corporate
limits and which are not under the jurisdiction of the Department or of
such Authority, and for which the county or a highway commissioner of
such county does not have maintenance responsibility.
(b) Whenever any such park district, city, village, or
incorporated town determines, upon
the basis of an engineering or traffic investigation concerning a
highway or street on which it is authorized by this Section to establish
speed limits, that a maximum speed limit prescribed in Section 11-601 of
this Chapter is greater or less than is reasonable or safe with respect
to the conditions found to exist at any place or along any part or zone
of such highway or street, the local authority or park district shall
determine and declare by ordinance a reasonable and safe absolute
maximum speed limit at such place or along such part or zone,
which:
(1) Decreases the limit within an urban district, but | ||
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(2) Increases the limit within an urban district, but | ||
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(3) Decreases the limit outside of an urban district, | ||
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(4) Decreases the limit within a residence district, | ||
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The park district, city, village, or incorporated
town may make such limit applicable
at all times or only during certain specified times. Not more than 6
such alterations shall be made per mile along a highway or street; and
the difference in limit between adjacent altered speed zones shall not
be more than 10 miles per hour.
A limit so determined and declared by a park district, city, village,
or incorporated town becomes effective, and suspends the application of
the limit prescribed in Section 11-601 of this Chapter, when appropriate
signs giving notice of the limit are erected at the proper place or
along the proper part or zone of the highway or street. Electronic
speed-detecting devices shall not be used within 500 feet beyond any
such sign in the direction of travel; if so used in violation of this
Section evidence obtained thereby shall be inadmissible in any
prosecution for speeding. However, nothing in this Section prohibits
the use of such electronic speed-detecting devices within 500 feet of a
sign within a special school speed zone indicating such zone, conforming
to the requirements of Section 11-605 of this Act, nor shall evidence
obtained thereby be inadmissible in any prosecution for speeding
provided the use of such device shall apply only to the enforcement of
the speed limit in such special school speed zone. (c) A county engineer or
superintendent of highways may submit to the Department for approval, a
county policy for establishing altered speed zones on township and county
highways based upon engineering and traffic investigations.
(d) Whenever the county board of a county determines that a maximum speed limit
is greater or less than is
reasonable or safe with respect to the conditions found to exist at any place
or along any part or zone of the highway or road, the county board shall
determine and declare by ordinance a reasonable and safe absolute maximum speed
limit at that place or along that part or zone. However, the maximum speed
limit shall not exceed 55 miles per hour. Upon receipt of an engineering study for the part or zone of highway in question from the county engineer, and notwithstanding any other provision of law, the county board of a county may determine and declare by ordinance a reduction in the maximum speed limit
at any place
or along any part or zone of a county highway whenever the county board, in its sole discretion, determines that the reduction in the maximum speed limit is reasonable and safe.
The county board may post signs designating the new speed limit. The limit becomes effective, and suspends the application of the
limit
prescribed in Section 11-601 of this Chapter, when appropriate signs
giving notice of the limit are erected at the proper place or along the
proper part of the zone of the highway. Electronic speed-detecting
devices shall not be used within 500 feet beyond any such sign in the
direction of travel; if so used in violation of this Section, evidence
obtained thereby shall be inadmissible in any prosecution for speeding.
However, nothing in this Section prohibits the use of such electronic
speed-detecting devices within 500 feet of a sign within a special
school speed zone indicating such zone, conforming to the requirements
of Section 11-605 of this Act, nor shall evidence obtained thereby be
inadmissible in any prosecution for speeding provided the use of such
device shall apply only to the enforcement of the speed limit in such
special school speed zone.
(Source: P.A. 95-574, eff. 6-1-08; 95-788, eff. 8-7-08.)
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(625 ILCS 5/11-605) (from Ch. 95 1/2, par. 11-605)
Sec. 11-605. Special speed limit while passing schools.
(a) For the purpose of this Section, "school" means the following
entities:
(1) A public or private primary or secondary school.
(2) A primary or secondary school operated by a | ||
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(3) A public, private, or religious nursery school.
On a school day when school children are present and so close
thereto
that a potential hazard exists because of the close proximity of the motorized
traffic, no person shall drive a motor vehicle at a speed in excess of 20 miles
per hour while passing a school zone or while traveling on a local, county, or State roadway on public
school property or upon any public
thoroughfare where children pass going
to and from school.
For the purpose of this Section, a school day begins at 6:30 a.m. and concludes at 4 p.m.
This Section shall not be applicable unless appropriate signs are posted
upon streets and highways under their respective jurisdiction and
maintained by the Department, township, county, park district, city,
village or incorporated town wherein the school zone is located. With regard
to the special speed limit while passing schools, such signs
shall give proper due warning that a school zone is being approached and
shall indicate the school zone and the maximum speed limit in effect during
school days when school children are present.
(b) (Blank).
(c) Nothing in this Chapter shall
prohibit the use of electronic speed-detecting devices within 500 feet of
signs within a special school speed zone indicating such zone, as defined
in this Section, nor shall evidence obtained thereby be inadmissible in any
prosecution for speeding provided the use of such device shall apply only
to the enforcement of the speed limit in such special school speed zone.
(d) (Blank).
(e) Except as provided in subsection (e-5), a person who violates this Section is guilty of a petty
offense. Violations of this Section are punishable with a minimum fine
of $150 for the first violation, a minimum fine of $300 for the second or subsequent violation, and community service in an amount determined by the court.
(e-5) A person committing a violation of this Section is guilty of aggravated special speed limit while passing schools when he or she drives a motor vehicle at a speed that is: (1) 26 miles per hour or more but less than 35 miles | ||
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(2) 35 miles per hour or more in excess of the | ||
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(f) (Blank).
(g) (Blank).
(h) (Blank).
(Source: P.A. 102-58, eff. 7-9-21; 102-859, eff. 1-1-23; 102-978, eff. 1-1-23; 103-154, eff. 6-30-23.) |
(625 ILCS 5/11-605.1) Sec. 11-605.1. Special limit while traveling through a highway construction or maintenance speed zone. (a) A person may not operate a motor vehicle in a construction or maintenance speed zone at a speed in excess of the posted speed limit when workers are present.
(a-5) A person may not operate a motor vehicle in a construction or maintenance speed zone at a speed in excess of the posted speed limit when workers are not present. (b) Nothing in this Chapter prohibits the use of electronic speed-detecting devices within 500 feet of signs within a construction or maintenance speed zone indicating the zone, as defined in this Section, nor shall evidence obtained by use of those devices be inadmissible in any prosecution for speeding, provided the use of the device shall apply only to the enforcement of the speed limit in the construction or maintenance speed zone.
(c) As used in this Section, a "construction or maintenance speed zone" is an area in which the Department, Toll Highway Authority, or local agency has posted signage advising drivers that a construction or maintenance speed zone is being approached, or in which the Department, Authority, or local agency has posted a lower speed limit with a highway construction or maintenance speed zone special speed limit sign after determining that the preexisting established speed limit through a highway construction or maintenance project is greater than is reasonable or safe with respect to the conditions expected to exist in the construction or maintenance speed zone. If it is determined that the preexisting established speed limit is safe with respect to the conditions expected to exist in the construction or maintenance speed zone, additional speed limit signs which conform to the requirements of this subsection (c) shall be posted. Highway construction or maintenance speed zone special speed limit signs shall be of a design approved by the Department. The signs must give proper due warning that a construction or maintenance speed zone is being approached and must indicate the maximum speed limit in effect. The signs also must state the amount of the minimum fine for a violation.
(d) Except as provided under subsection (d-5), a person who violates this Section is guilty of a petty offense. Violations of this Section are punishable with a minimum fine of $250 for the first violation and a minimum fine of $750 for the second or subsequent violation. (d-5) A person committing a violation of this Section is guilty of aggravated special speed limit while traveling through a highway construction or maintenance speed zone when he or she drives a motor vehicle at a speed that is: (1) 26 miles per hour or more but less than 35 miles | ||
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(2) 35 miles per hour or more in excess of the | ||
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(e) (Blank).
(e-5) The Illinois State Police and the local county police department have concurrent jurisdiction over any violation of this Section that occurs on an interstate highway.
(f) The Transportation Safety Highway Hire-back Fund, which was created by Public Act 92-619, shall continue to be a special fund in the State treasury. Subject to appropriation by the General Assembly and approval by the Secretary, the Secretary of Transportation shall use all moneys in the Transportation Safety Highway Hire-back Fund to hire off-duty Illinois State Police officers to monitor construction or maintenance zones. (f-5) Each county shall create a Transportation Safety Highway Hire-back Fund. The county shall use the moneys in its Transportation Safety Highway Hire-back Fund to hire off-duty county police officers to monitor construction or maintenance zones in that county on highways other than interstate highways. The county, in its discretion, may also use a portion of the moneys in its Transportation Safety Highway Hire-back Fund to purchase equipment for county law enforcement and fund the production of materials to educate drivers on construction zone safe driving habits.
(g) For a second or subsequent violation of this Section within 2 years of the date of the previous violation, the Secretary of State shall suspend the driver's license of the violator for a period of 90 days.
This suspension shall only be
imposed if the current violation of this Section and at least one prior violation of this Section
occurred during a period when workers were present in the
construction or maintenance zone.
(Source: P.A. 102-538, eff. 8-20-21.) |
(625 ILCS 5/11-605.2)
Sec. 11-605.2. Delegation of authority to set a special speed limit while traveling
through highway
construction or maintenance zones. (a) A local agency may delegate to its superintendent of highways the authority to set and post a reduced speed limit for a construction or maintenance zone, as defined in Section 11-605.1, under subsection (c) of that Section. (b) If a superintendent of highways sets a reduced speed limit for a construction or maintenance zone in accordance with this Section, the local agency must maintain a record that indicates: (1) the location of the construction or maintenance | ||
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(2) the reduced speed limit set and posted for the | ||
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(3) the dates during which the reduced speed limit | ||
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(Source: P.A. 96-1000, eff. 7-2-10.) |
(625 ILCS 5/11-605.3) Sec. 11-605.3. Special traffic protections while passing parks and recreation facilities and areas. (a) As used in this Section:
(1) "Park district" means the following entities:
(A) any park district organized under the Park | ||
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(B) any park district organized under the Chicago | ||
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(C) any municipality, county, forest district, | ||
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(2) "Park zone" means the recreation facilities and | ||
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(3) "Park zone street" means that portion of any | ||
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(4) "Safety purposes" means the costs associated | ||
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(b) On any day when children are present and within 50 feet of motorized traffic, a person may not drive a motor vehicle at a speed in excess of 20 miles per hour or any lower posted speed while traveling on a park zone street that has been designated for the posted reduced speed.
(c) On any day when children are present and within 50 feet of motorized traffic, any driver traveling on a park zone street who fails to come to a complete stop at a stop sign or red light, including a driver who fails to come to a complete stop at a red light before turning right onto a park zone street, is in violation of this Section.
(d) This Section does not apply unless appropriate signs are posted upon park zone streets maintained by the Department or by the unit of local government in which the park zone is located. With regard to the special speed limit on park zone streets, the signs must give proper due warning that a park zone is being approached and must indicate the maximum speed limit on the park zone street.
(e) A first violation of this Section is a petty offense with a minimum fine of $250. A second or subsequent violation of this Section is a petty offense with a minimum fine of $500.
(f) (Blank).
(g) The Department shall, within 6 months of the effective date of this amendatory Act of the 94th General Assembly, design a set of standardized traffic signs for park zones and park zone streets, including but not limited to: "park zone", "park zone speed limit", and "warning: approaching a park zone". The design of these signs shall be made available to all units of local government or manufacturers at no charge, except for reproduction and postage.
(Source: P.A. 102-978, eff. 1-1-23.) |
(625 ILCS 5/11-606) (from Ch. 95 1/2, par. 11-606)
Sec. 11-606.
Minimum speed regulation.
(a) No person shall drive a motor vehicle at such a slow speed as to impede
or block the normal and reasonable movement of traffic except when reduced
speed is necessary for safe operation of his vehicle or in compliance with law.
(b) Whenever the Department, The Illinois State Toll Highway Authority,
or a local authority described in Section 11-604 of this Chapter determines,
upon the basis of an engineering and traffic investigation concerning a
highway or street under its jurisdiction that slow vehicle speeds along
any part or zone of such highway or street consistently impede the normal
and reasonable movement of traffic, the Department, the Toll Highway Authority,
or local authority (as appropriate) may determine and declare by proper
regulation or ordinance a minimum speed
limit below which no person shall drive except when necessary for safe operation
of his vehicle or in compliance with law. A limit so determined and declared
becomes effective when appropriate signs giving notice of the limit are
erected along such part or zone of the highway or street.
(Source: P.A. 81-840.)
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(625 ILCS 5/11-608) (from Ch. 95 1/2, par. 11-608)
Sec. 11-608.
Special speed limitation on elevated structures.
(a) No person shall drive a vehicle over any bridge or other
elevated structure constituting a part of a highway at a speed which is
greater than the maximum speed which can be maintained with safety to
such bridge or structure, when such structure is sign posted as provided
in this Section.
(b) The Department upon request from any local authority shall, or
upon its own initiative may, conduct an investigation of any bridge or
other elevated structure constituting a part of a highway, and if it
shall thereupon find that such structure cannot with safety to itself
withstand vehicles traveling at the speed otherwise permissible under
this Chapter, the Department shall determine and declare the maximum
speed of vehicles which such structure can safely withstand, and shall
cause or permit suitable signs stating such maximum speed to be erected
and maintained before each end of such structure.
(c) Upon the trial of any person charged with a violation of this
Section proof of the determination of the maximum speed by the
Department and the existence of such signs is conclusive evidence of the
maximum speed which can be maintained with safety to such bridge or
structure.
(Source: P.A. 76-1586.)
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(625 ILCS 5/11-610) (from Ch. 95 1/2, par. 11-610)
Sec. 11-610. Charging violations and rule in civil actions. (a) In every charge of violation of
any speed regulation in this Article the complaint, and
also the summons or notice to appear, shall specify the
speed at which the defendant is alleged to have driven and
the maximum speed applicable within the district or at the location.
(b) The provision of this Article
declaring maximum speed limitations
shall not be construed to relieve the plaintiff in any
action from the burden of proving negligence on the
part of the defendant as the proximate cause of a crash.
(Source: P.A. 102-982, eff. 7-1-23.)
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(625 ILCS 5/11-611) (from Ch. 95 1/2, par. 11-611)
Sec. 11-611.
No person shall drive or operate any motor
vehicle on any street or highway in this State where the minimum
allowable speed on that street or highway, as posted, is greater
than the maximum attainable operating speed of the vehicle. Maximum
attainable operating speed shall be determined by the
manufacturer of the vehicle and clearly published in the manual of
specifications and operation, or it shall be determined by applicable rule
and regulation
promulgated by the Secretary of State.
(Source: P.A. 79-700.)
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(625 ILCS 5/11-612) Sec. 11-612. Certain systems to record vehicle speeds prohibited. Except as authorized in the Automated Traffic Control Systems in Highway Construction or Maintenance Zones Act and Section 11-208.8 of this Code, no photographic, video, or other imaging system may be used in this State to record vehicle speeds for the purpose of enforcing any law or ordinance regarding a maximum or minimum speed limit unless a law enforcement officer is present at the scene and witnesses the event. No State or local governmental entity, including a home rule county or municipality, may use such a system in a way that is prohibited by this Section. The regulation of the use of such systems is an exclusive power and function of the State. This Section is a denial and limitation of home rule powers and functions under subsection (h) of Section 6 of Article VII of the Illinois Constitution.
(Source: P.A. 97-672, eff. 7-1-12.) |
(625 ILCS 5/Ch. 11 Art. VII heading) ARTICLE VII.
DRIVING ON RIGHT SIDE OF
ROADWAY; OVERTAKING AND PASSING, ETC.
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(625 ILCS 5/11-701) (from Ch. 95 1/2, par. 11-701)
Sec. 11-701. Drive on right side of roadway - exceptions.
(a) Upon all roadways of sufficient width a vehicle shall be driven upon
the right half of the roadway, except as follows:
1. When overtaking and passing another vehicle | ||
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2. When an obstruction exists making it necessary to | ||
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3. Upon a roadway divided into 3 marked lanes for | ||
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4. Upon a roadway restricted to one way traffic;
5. Whenever there is a single track paved road on one | ||
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(b) Upon a 2 lane roadway, providing for 2-way
movement of traffic, a vehicle shall be driven in the right-hand lane available
for traffic, or
as close as practicable to the right hand curb or edge of the roadway,
except when overtaking and passing another vehicle proceeding in the same
direction or when preparing for a left turn at an intersection or into a
private road or driveway.
(c) Upon any roadway having 4 or more lanes for moving traffic and
providing for 2-way movement of traffic, no vehicle shall be driven to the
left of the center line of the roadway, except when authorized by official
traffic-control devices designating certain lanes to the left side of the
center of the roadway for use by traffic not otherwise permitted to use
such lanes, or except as permitted under Subsection (a) 2. However, this
Subsection shall not be construed as prohibiting the crossing of the center
line in making a left turn into or from an alley, private road or driveway.
(d) Upon an Interstate highway or fully access controlled freeway,
a vehicle may not be driven in the left lane, except when overtaking
and passing another vehicle.
(e) Subsection (d) of this Section does not apply:
(1) when no other vehicle is directly behind the | ||
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(2) when traffic conditions and congestion make it | ||
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(3) when snow and other inclement weather conditions | ||
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(4) when obstructions or hazards exist in the right | ||
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(5) when a vehicle changes lanes to comply with | ||
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(6) when, because of highway design, a vehicle must | ||
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(7) on toll highways when necessary to use I-Pass, | ||
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(8) to law enforcement vehicles, ambulances, and | ||
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(Source: P.A. 99-681, eff. 1-1-17.)
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(625 ILCS 5/11-702) (from Ch. 95 1/2, par. 11-702)
Sec. 11-702.
Passing vehicles proceeding in opposite
directions. Drivers of vehicles proceeding in opposite
directions shall pass
each other to the right, and upon roadways having width for
not more than one line of traffic in each direction each
driver shall give to the other at least one-half of the
main-traveled portion of the roadway as nearly
as possible.
(Source: P.A. 79-1069.)
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(625 ILCS 5/11-703) (from Ch. 95 1/2, par. 11-703) Sec. 11-703. Overtaking a vehicle on the left. The following rules govern the overtaking and passing of vehicles
proceeding in the same direction, subject to those limitations, exceptions,
and special rules otherwise stated in this Chapter: (a) The driver of a vehicle overtaking another | ||
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(b) Except when overtaking and passing on the right | ||
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(c) The driver of a 2 wheeled vehicle may not, in | ||
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(d) The operator of a motor vehicle overtaking a | ||
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(d-5) A driver of a motor vehicle overtaking a | ||
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(1) the bicycle is traveling at a speed of less | ||
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(2) the driver is able to overtake and pass the | ||
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(3) there is sufficient distance to the left of | ||
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(e) A person driving a motor vehicle shall not, in a | ||
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(f) Every person convicted of paragraph (e) of this | ||
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(Source: P.A. 100-359, eff. 1-1-18.) |
(625 ILCS 5/11-704) (from Ch. 95 1/2, par. 11-704)
Sec. 11-704. When overtaking on the right is permitted. (a) The driver of a vehicle with 3 or more wheels may overtake and pass
upon the right of another vehicle only under the following conditions:
1. When the vehicle overtaken is making or about to | ||
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2. Upon a roadway with unobstructed pavement of | ||
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3. Upon a one-way street, or upon any roadway on | ||
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(b) The driver of a 2-wheeled vehicle may not pass upon the right of any
other vehicle proceeding in the same direction unless the unobstructed
pavement to the right of the vehicle being passed is of a width of not less
than 8 feet. This subsection does not apply to devices propelled by human power.
(c) The driver of a vehicle may overtake and pass another vehicle upon
the right only under conditions permitting such movement in safety. Such
movement shall not be made by driving off the roadway.
(Source: P.A. 102-558, eff. 8-20-21.)
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(625 ILCS 5/11-705) (from Ch. 95 1/2, par. 11-705)
Sec. 11-705.
Limitations on overtaking on the left.
No vehicle shall be driven to the left side of the center of the roadway
in overtaking and passing another vehicle proceeding in the same direction
unless authorized by the provisions of this Chapter and unless such left
side is clearly visible and is free of oncoming traffic for a sufficient
distance ahead to permit such overtaking and passing to be completely made
without interfering with the safe operation of any vehicle approaching from
the opposite direction or any vehicle overtaken. In every event the
overtaking vehicle must return to an authorized lane of travel as soon as
practicable and in the event the passing movement involves the use of a
lane authorized for vehicles approaching from the opposite direction,
before coming within 200 feet of any vehicle approaching from the opposite
direction.
(Source: P.A. 76-1586.)
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(625 ILCS 5/11-706) (from Ch. 95 1/2, par. 11-706)
Sec. 11-706.
Further limitations on driving to the left of center of roadway.
(a) No vehicle shall be driven
on the left side of the roadway under the following conditions:
1. When approaching or upon the crest of a grade or a curve in the
highway where the driver's view is obstructed within such distance as to
create a hazard in the event another vehicle might approach from the
opposite direction.
2. When approaching within 100 feet of or traversing any intersection or
railroad grade crossing.
3. When the view is obstructed upon approaching within
100 feet of any bridge, viaduct or tunnel.
(b) The limitations in sub-paragraphs 1, 2 and 3 do not apply upon a
one-way roadway nor upon a roadway with unobstructed pavement of sufficient
width for 2 or more lanes of moving traffic in each direction nor to the
driver of a vehicle turning left into or from an alley, private road or
driveway when such movements can be made with safety.
(Source: P.A. 79-1069.)
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(625 ILCS 5/11-707) (from Ch. 95 1/2, par. 11-707)
Sec. 11-707. No-passing zones. (a) The Department and local authorities
are authorized to determine those portions of any highway under their
respective jurisdictions where overtaking and passing or driving on the
left of the roadway would be especially hazardous and may by appropriate
signs or markings on the roadway indicate the beginning and end of such
zones. Upon request of a local school board, the Department or local
authority which has jurisdiction over the roadway in question, shall
determine whether a hazardous situation exists at a particular location and
warrants a no-passing zone. If the Department or local authority
determines that a no-passing zone is warranted, the school board and the
Department or local authority shall share equally the cost of designating
the no-passing zone by signs and markings. When such signs or markings are
in place and clearly visible to an ordinarily observant person every driver
of a vehicle shall obey the directions thereof.
(b) Where signs or markings are in place to define a no-passing zone as
set forth in paragraph (a) no driver may at any time drive on the left side
of the roadway within the no-passing zone or on the left side of any pavement
striping designed to mark such no-passing zone throughout its length.
(c) This Section does not apply under the conditions described in
Section 11-701 (a) 2, subsection (d-5) of Section 11-703, nor to the driver of a vehicle turning left into or from
an alley, private road or driveway. The pavement striping designed to mark
the no-passing zone may be crossed from the left hand lane for the
purpose of completing a pass that was begun prior to the beginning of the
zone in the driver's direction of travel.
(d) Special speed limit areas required under Section 11-605 of this Code
in unincorporated areas only shall also be no-passing zones.
(Source: P.A. 100-359, eff. 1-1-18.)
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(625 ILCS 5/11-708) (from Ch. 95 1/2, par. 11-708)
Sec. 11-708.
One-way roadways and rotary traffic islands.
(a) The Department and local authorities, with respect to highways under
their respective jurisdictions, may designate any highway, roadway, part of
a roadway or specific lanes upon which vehicular traffic shall proceed in
one direction at all or such times as shall be indicated by official
traffic control devices.
(b) Upon a roadway so designated for one-way traffic, a vehicle shall be
driven only in the direction designated at all or such times as shall be
indicated by official traffic control devices.
(c) A vehicle passing around a rotary traffic island must be driven only
to the right of such island.
(d) Whenever any highway has been divided into 2 or more roadways by
leaving an intervening space or by a physical barrier or a clearly
indicated dividing section so constructed as to impede vehicular traffic,
every vehicle must be driven only upon the right-hand roadway unless
directed or permitted to use another roadway by official traffic-control
devices or police officers. No vehicle may be driven over, across, or
within any such dividing space, barrier, or section, except through an
opening in the physical barrier, or dividing section, or space, or at a
cross-over or intersection as established by public authority.
(e) The driver of a vehicle may turn left across a paved noncurbed
dividing space unless prohibited by an official traffic-control device.
(Source: P.A. 84-873.)
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(625 ILCS 5/11-709) (from Ch. 95 1/2, par. 11-709)
Sec. 11-709. Driving on roadways laned for traffic. Whenever any roadway has been divided into 2 or more clearly marked
lanes for traffic the following rules in addition to all others consistent
herewith shall apply.
(a) A vehicle shall be driven as nearly as practicable entirely within a
single lane and shall not be moved from such lane until the driver has
first ascertained that such movement can be made with safety.
(b) Upon a roadway which is divided into 3 lanes and provides for
two-way movement of traffic, a vehicle shall not be driven in the center
lane except when overtaking and passing another vehicle traveling in the
same direction when such center lane is clear of traffic within a safe
distance, or in preparation for making a left turn or where such center
lane is at the time allocated exclusively to traffic moving in the same
direction that the vehicle is proceeding and such allocation is designated
by official traffic control devices.
(c) Official traffic control devices may be erected directing specific
traffic to use a designated lane or designating those lanes to be used by
traffic moving in a particular direction regardless of the center of the
roadway and drivers of vehicles shall obey the directions of every such
device. On multi-lane controlled access
highways with 3 or more lanes in one
direction or on any multi-laned highway with 2 or more lanes in one
direction, the Department may designate lanes of traffic to be used by
different types of motor vehicles.
Drivers must obey lane designation signing except when it is necessary to
use a different lane to make a turning maneuver.
(d) Official traffic control devices may be installed prohibiting the
changing of lanes on sections of roadway and drivers of vehicles shall obey
the directions of every such device.
(e) A person is not in violation of this Section if he or she is complying with Section 11-907, 11-907.5, or 11-908.(Source: P.A. 101-173, eff. 1-1-20.)
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(625 ILCS 5/11-709.1) (from Ch. 95 1/2, par. 11-709.1)
Sec. 11-709.1. Driving on the shoulder. (a) Vehicles shall be driven on a roadway, and shall only
be driven on the shoulder for the purpose of stopping or accelerating from
a stop while merging into traffic. It shall be a violation of this Section
if while merging into traffic and while on the shoulder, the vehicle passes
any other vehicle on the roadway adjacent to it.
(b) This Section shall not apply to any authorized emergency vehicle, to any authorized transit bus, to any bicycle, to any farm tractor or implement of husbandry,
to any service vehicle while engaged in maintenance of the highway or
related work, or to any authorized vehicle within a designated construction zone.
(Source: P.A. 100-359, eff. 1-1-18.)
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(625 ILCS 5/11-709.2) Sec. 11-709.2. Bus on shoulder program. (a) The use of specifically designated shoulders of roadways by transit buses may be authorized by the Department in cooperation with the Regional Transportation Authority and the Suburban Bus Division of the Regional Transportation Authority. The Department shall prescribe by rule which transit buses are authorized to operate on shoulders, as well as times and locations. The Department may erect signage to indicate times and locations of designated shoulder usage. (b) (Blank). (c) (Blank).
(Source: P.A. 98-756, eff. 7-16-14; 98-871, eff. 8-11-14; 99-78, eff. 7-20-15.) |
(625 ILCS 5/11-709.3) Sec. 11-709.3. Transit buses on shoulders - toll highways. The Illinois State Toll Highway Authority may allow transit buses to use the shoulders of highways under its jurisdiction.
(Source: P.A. 97-292, eff. 8-11-11; 98-871, eff. 8-11-14.) |
(625 ILCS 5/11-710) (from Ch. 95 1/2, par. 11-710)
Sec. 11-710.
Following too closely.
(a) The driver of
a motor vehicle shall not follow another vehicle more closely
than is reasonable and prudent, having due regard for the
speed of such vehicles and the traffic upon and the condition of the highway.
(b) The driver of any truck or motor vehicle
drawing another vehicle
when traveling upon a roadway outside of a business or
residence district and which is following another truck or
motor vehicle drawing another vehicle shall,
whenever conditions permit, leave sufficient space so that
an overtaking vehicle may enter and occupy such space without
danger, except that this shall not prevent a truck or motor
vehicle drawing another vehicle from overtaking and passing
any vehicle or combination of vehicles.
(c) Motor vehicles being driven upon any roadway outside
of a business or residence district in a caravan or
motorcade whether or not towing other vehicles shall be so
operated as to allow sufficient space between each such
vehicle or combination of vehicles so as to enable any other
vehicle to enter and occupy such space without danger. This
provision shall not apply to funeral processions.
(Source: P.A. 79-1069.)
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(625 ILCS 5/11-711) (from Ch. 95 1/2, par. 11-711)
Sec. 11-711.
Restrictions on use of controlled access highway.
(a) No person may drive a vehicle onto or from any controlled access
highway except at entrances and exits established by public authority.
(b) The Department with respect to any controlled access highway under
its jurisdiction may prohibit the use of any such highways by pedestrians
(except in authorized areas or facilities), bicycles, farm tractors,
implements of husbandry, funeral processions, and any vehicle unable to
maintain the minimum speed for which the highway is posted, or other
non-motorized traffic or by any person operating a motor driven cycle. The
Department may also prohibit the use of such highway to school buses
picking up and discharging children and mail delivery vehicles picking up
or delivering mail. The Department shall erect and maintain official signs
on the controlled access highway on which such prohibitions are applicable
and when so erected no person may disobey the restrictions stated on such
sign.
(Source: P.A. 76-1586.)
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(625 ILCS 5/Ch. 11 Art. VIII heading) ARTICLE VIII.
TURNING AND STARTING
AND SIGNALS ON STOPPING AND TURNING
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(625 ILCS 5/11-801) (from Ch. 95 1/2, par. 11-801)
Sec. 11-801.
Required position and method of turning.
(a) The driver of a vehicle intending to turn at an intersection shall do
so as follows:
(1) Both the approach for a right turn and a right turn shall be
made as close as practical to the right-hand curb or edge of the
roadway.
(2) The driver of a vehicle intending to turn left at any
intersection shall approach the intersection in the extreme left-hand
lane lawfully available to traffic moving in the direction of travel of
such vehicle, and after entering the intersection, the left turn shall
be made so as to leave the intersection in a lane lawfully available to
traffic moving in such direction upon the roadway being entered.
Whenever practicable the left turn shall be made in that portion of the
intersection to the left of the center of the intersection.
(3) The Department and local authorities in their respective
jurisdictions may cause official traffic control devices to be placed
within or adjacent to intersections and thereby require and direct that
a different course from that specified in this Section be traveled by
vehicles turning at an intersection, and when such devices are so placed
no driver of a vehicle shall turn a vehicle at an intersection other
than as directed and required by such devices.
(b) Two-way left turn lanes. Where a special lane for
making left turns by drivers proceeding in
opposite directions has been indicated by official traffic-control devices:
(1) A left turn shall not be made from any other lane.
(2) A vehicle shall not be driven in the lane except when preparing for
or making a left turn from or into the roadway or when preparing for or
making a U turn when otherwise permitted by law.
(c) When a motor vehicle and a mass transit bus are traveling in the
same direction on the same multi-laned highway, street or road, the
operator of the motor vehicle overtaking such bus, which is stopped at an
intersection on the right side of the roadway to receive or discharge
passengers, shall pass to the left of the bus at a safe distance and shall
not turn to the right in front of the bus at that intersection.
(Source: P.A. 85-786.)
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(625 ILCS 5/11-802) (from Ch. 95 1/2, par. 11-802)
Sec. 11-802.
Limitations on U turns.
(a) The driver of any vehicle shall not turn such vehicle so as to
proceed in the opposite direction unless such movement can be made in
safety and without interfering with other traffic.
(b) No vehicle shall be turned so as to proceed in the opposite
direction upon any curve, or upon the approach to or near the crest of a
grade, where such vehicle cannot be seen by the driver of any other
vehicle approaching from either direction within 500 feet.
(Source: P.A. 82-783.)
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(625 ILCS 5/11-803) (from Ch. 95 1/2, par. 11-803)
Sec. 11-803.
Starting parked vehicle.
No person shall start a vehicle which is stopped, standing, or parked
unless and until such movement can be made with reasonable safety.
(Source: P.A. 76-1586.)
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(625 ILCS 5/11-804) (from Ch. 95 1/2, par. 11-804)
Sec. 11-804. When signal required.
(a) No person may turn a vehicle at an intersection unless the vehicle
is in proper position upon the highway as required in Section 11-801 or
turn a vehicle to enter a private road or driveway, or otherwise turn a
vehicle from a direct course or move right or left upon a roadway unless
and until such movement can be made with reasonable safety. No person may
so turn any vehicle without giving an appropriate signal in the manner
hereinafter provided.
(b) A signal of intention to turn right or left, change lanes, otherwise turn a vehicle from a direct course, move right or left upon a highway, or when required must be
given continuously during not less than the last 100 feet traveled by the
vehicle within a business or residence district, and such
signal must be given continuously during not less than the last 200 feet
traveled by the vehicle outside a business or residence
district.
(c) No person may stop or suddenly decrease the speed of a vehicle
without first giving an appropriate signal in the manner provided in this
Chapter to the driver of any vehicle immediately to the rear when there is
opportunity to give such a signal.
(d) The electric turn signal device required in Section 12-208 of this
Act must be used and operated as prescribed in subsection (b) of this Section to indicate an intention to turn, change lanes, turn a vehicle from a direct course, move right or left upon a highway, or start
from a parallel parked position. Unless the conditions of subsection (b) of this Section are met, an electric turn signal device required in Section 12-208 shall not be left in the on position and must not be flashed on one side only on
a parked or disabled vehicle or flashed as a courtesy or "do pass" signal
to operators of other vehicles approaching from the rear. However, such
signal devices may be flashed simultaneously on both sides of a motor
vehicle to indicate the presence of a vehicular traffic hazard requiring
unusual care in approaching, overtaking and passing.
(Source: P.A. 102-508, eff. 8-20-21.)
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(625 ILCS 5/11-805) (from Ch. 95 1/2, par. 11-805)
Sec. 11-805.
Signal by hand or arm or signal device.
Any stop or turn signal when required herein shall be given
either by means of the hand and arm or by an electric turn
signal device conforming to the requirements provided in
Section 12-208 of this Act.
(Source: P.A. 79-1069.)
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(625 ILCS 5/11-806) (from Ch. 95 1/2, par. 11-806)
Sec. 11-806. Method of giving hand and arm signals.
All signals herein required given by hand and arm shall be given from
the left side of the vehicle in the following manner and such signals shall
indicate as follows:
1. Left turn - Hand and arm extended horizontally.
2. Right turn - Hand and arm extended upward, except | ||
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3. Stop or decrease of speed - Hand and arm extended | ||
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(Source: P.A. 95-231, eff. 1-1-08.)
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(625 ILCS 5/Ch. 11 Art. IX heading) ARTICLE IX.
RIGHT-OF-WAY
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(625 ILCS 5/11-901) (from Ch. 95 1/2, par. 11-901)
Sec. 11-901.
Vehicles approaching or entering intersection.
(a) When 2 vehicles approach or enter an intersection from different
roadways at approximately the same time, the driver of the vehicle on the
left must yield the right-of-way to the vehicle on the right.
(b) The right-of-way rule declared in paragraph (a) of this Section is
modified at through highways and otherwise as stated in this Chapter.
(Source: P.A. 76-1739.)
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(625 ILCS 5/11-901.01) (from Ch. 95 1/2, par. 11-901.01)
Sec. 11-901.01.
Vehicles approaching or entering a "T" intersection.
The driver of a vehicle approaching the intersection of a highway from a
highway which terminates at the intersection, not otherwise regulated by
this Act or controlled by traffic control signs or signals, shall stop,
yield, and grant the privilege of immediate use of the intersection to another
vehicle which has entered the intersection from the non-terminating highway
or is approaching the intersection on the non-terminating highway in such
proximity as to constitute a hazard and after stopping may proceed when
the driver may safely enter the intersection without interference or collision
with the traffic using the non-terminating highway.
(Source: P.A. 81-860.)
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(625 ILCS 5/11-902) (from Ch. 95 1/2, par. 11-902)
Sec. 11-902.
Vehicle turning left.
The driver of a vehicle intending to turn to the left within an
intersection or into an alley, private road, or driveway shall yield the
right-of-way to any vehicle approaching from the opposite direction which
is so close as to constitute an immediate hazard, but said driver, having
so yielded may proceed at such time as a safe interval occurs.
(Source: P.A. 76-1586.)
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(625 ILCS 5/11-903) (from Ch. 95 1/2, par. 11-903)
Sec. 11-903.
Vehicles entering stop crosswalk.
Where stop signs or flashing red signals are in place at an intersection
or flashing red signals are in place at a plainly marked crosswalk between
intersections, drivers of vehicles shall stop before entering the nearest
crosswalk and pedestrians within or entering the crosswalk at either edge
of the roadway shall have the right-of-way over vehicles so stopped.
Drivers of vehicles having so yielded the right-of-way to pedestrians
entering or within the nearest crosswalk at an intersection shall also
yield the right-of-way to pedestrians within any other crosswalk at the
intersection.
(Source: P.A. 76-1586.)
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(625 ILCS 5/11-904) (from Ch. 95 1/2, par. 11-904)
Sec. 11-904.
Vehicle entering stop or yield intersection.
(a) Preferential right-of-way at an intersection may be indicated by
stop or yield signs as authorized in Section 11-302 of this Chapter.
(b) Except when directed to proceed by a police officer or
traffic-control signal, every driver of a vehicle approaching a stop
intersection indicated by a stop sign shall stop at a clearly marked stop
line, but if none, before entering the crosswalk on the near side of the
intersection, or if none, then at the point nearest the intersecting
roadway where the driver has a view of approaching traffic on the
intersecting roadway before entering the intersection. After having
stopped, the driver shall yield the right-of-way to any vehicle which has
entered the intersection from another roadway or which is approaching so
closely on the roadway as to constitute an immediate hazard during the time
when the driver is moving across or within the intersection, but said
driver having so yielded may proceed at such time as a safe interval
occurs.
(c) The driver of a vehicle approaching a yield sign shall in obedience
to such sign slow down to a speed reasonable for the existing conditions
and, if required for safety to stop, shall stop at a clearly marked stop
line, but if none, before entering the crosswalk on the near side of the
intersection, or if none, then at the point nearest the intersecting
roadway where the driver has a view of approaching traffic on the
intersecting roadway. After slowing or stopping, the driver shall yield the
right-of-way to any vehicle in the intersection or approaching on another
roadway so closely as to constitute an immediate hazard during the time
such driver is moving across or within the intersection.
(d) If a driver is involved in a collision at an intersection or
interferes with the movement of other vehicles after driving past a yield
right-of-way sign, such collision or interference shall be deemed prima
facie evidence of the driver's failure to yield right-of-way.
(Source: P.A. 76-1739.)
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(625 ILCS 5/11-905) (from Ch. 95 1/2, par. 11-905)
Sec. 11-905. Merging traffic. Notwithstanding the right-of-way provision
in Section 11-901 of this Act, at an intersection where traffic lanes are provided
for merging traffic the driver of each vehicle on the converging roadways
is required to adjust his vehicular speed and lateral position
so as to avoid a collision with another vehicle.
(Source: P.A. 100-201, eff. 8-18-17.)
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(625 ILCS 5/11-906) (from Ch. 95 1/2, par. 11-906)
Sec. 11-906.
Vehicle entering highway from private road or driveway.
The driver of a vehicle about to enter or cross a highway from an alley,
building, private road or driveway shall yield the right-of-way to all
vehicles approaching on the highway to be entered.
(Source: P.A. 76-1739.)
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(625 ILCS 5/11-907) (from Ch. 95 1/2, par. 11-907) (Text of Section from P.A. 102-813) Sec. 11-907. Operation of vehicles and streetcars on approach of authorized emergency vehicles. (a) Upon the immediate approach of an authorized emergency vehicle making use of audible and visual signals meeting the requirements of this Code or a police vehicle properly and lawfully making use of an audible or visual signal: (1) the driver of every other vehicle shall yield the | ||
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(2) the operator of every streetcar shall immediately | ||
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(b) This Section shall not operate to relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons using the highway. (c) Upon approaching a stationary authorized emergency vehicle, when the authorized emergency vehicle is giving a signal by displaying alternately flashing red, red and white, blue, or red and blue lights or amber or yellow warning lights, a person who drives an approaching vehicle shall: (1) proceeding with due caution, yield the | ||
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(2) if changing lanes would be impossible or unsafe, | ||
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The visual signal specified under this subsection (c) given by an authorized emergency vehicle is an indication to drivers of approaching vehicles that a hazardous condition is present when circumstances are not immediately clear. Drivers of vehicles approaching a stationary emergency vehicle in any lane shall heed the warning of the signal, reduce the speed of the vehicle, proceed with due caution, maintain a safe speed for road conditions, be prepared to stop, and leave a safe distance until safely passed the stationary emergency vehicle. As used in this subsection (c), "authorized emergency vehicle" includes any vehicle authorized by law to be equipped with oscillating, rotating, or flashing lights under Section 12-215 of this Code, while the owner or operator of the vehicle is engaged in his or her official duties. (d) A person who violates subsection (c) of this Section commits a business offense punishable by a fine of not less than $250 or more than $10,000 for a first violation, and a fine of not less than $750 or more than $10,000 for a second or subsequent violation. It is a factor in aggravation if the person committed the offense while in violation of Section 11-501, 12-610.1, or 12-610.2 of this Code. Imposition of the penalties authorized by this subsection (d) for a violation of subsection (c) of this Section that results in the death of another person does not preclude imposition of appropriate additional civil or criminal penalties. A person who violates subsection (c) and the violation results in damage to another vehicle commits a Class A misdemeanor. A person who violates subsection (c) and the violation results in the injury or death of another person commits a Class 4 felony. (e) If a violation of subsection (c) of this Section results in damage to the property of another person, in addition to any other penalty imposed, the person's driving privileges shall be suspended for a fixed period of not less than 90 days and not more than one year. (f) If a violation of subsection (c) of this Section results in injury to another person, in addition to any other penalty imposed, the person's driving privileges shall be suspended for a fixed period of not less than 180 days and not more than 2 years. (g) If a violation of subsection (c) of this Section results in the death of another person, in addition to any other penalty imposed, the person's driving privileges shall be suspended for 2 years. (h) The Secretary of State shall, upon receiving a record of a judgment entered against a person under subsection (c) of this Section: (1) suspend the person's driving privileges for the | ||
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(2) extend the period of an existing suspension by | ||
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(i) The Scott's Law Fund shall be a special fund in the State treasury. Subject to appropriation by the General Assembly and approval by the Director, the Director of the State Police shall use all moneys in the Scott's Law Fund in the Department's discretion to fund the production of materials to educate drivers on approaching stationary authorized emergency vehicles, to hire off-duty Department of State Police for enforcement of this Section, and for other law enforcement purposes the Director deems necessary in these efforts. (j) For violations of this Section issued by a county or municipal police officer, the assessment shall be deposited into the county's or municipality's Transportation Safety Highway Hire-back Fund. The county shall use the moneys in its Transportation Safety Highway Hire-back Fund to hire off-duty county police officers to monitor construction or maintenance zones in that county on highways other than interstate highways. The county, in its discretion, may also use a portion of the moneys in its Transportation Safety Highway Hire-back Fund to purchase equipment for county law enforcement and fund the production of materials to educate drivers on construction zone safe driving habits and approaching stationary authorized emergency vehicles. (k) In addition to other penalties imposed by this Section, the court may order a person convicted of a violation of subsection (c) to perform community service as determined by the court. (Source: P.A. 101-173, eff. 1-1-20; 102-336, eff. 1-1-22; 102-338, eff. 1-1-22; 102-813, eff. 5-13-22.) (Text of Section from P.A. 103-667) Sec. 11-907. Operation of vehicles and streetcars on approach of authorized emergency vehicles. (a) Upon the immediate approach of an authorized emergency vehicle making use of audible and visual signals meeting the requirements of this Code or a police vehicle properly and lawfully making use of an audible or visual signal: (1) the driver of every other vehicle shall yield the | ||
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(2) the operator of every streetcar shall immediately | ||
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(b) This Section shall not operate to relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons using the highway. (c) Upon approaching a stationary authorized emergency vehicle, when the authorized emergency vehicle is giving a visual signal by displaying oscillating, rotating, or flashing lights as authorized under Section 12-215 of this Code, a person who drives an approaching vehicle shall: (1) proceeding with due caution, yield the | ||
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(2) if changing lanes would be impossible or unsafe, | ||
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The visual signal specified under this subsection (c) given by an authorized emergency vehicle is an indication to drivers of approaching vehicles that a hazardous condition is present when circumstances are not immediately clear. Drivers of vehicles approaching a stationary emergency vehicle in any lane shall heed the warning of the signal, reduce the speed of the vehicle, proceed with due caution, maintain a safe speed for road conditions, be prepared to stop, and leave a safe distance until safely passed the stationary emergency vehicle. As used in this subsection (c), "authorized emergency vehicle" includes any vehicle authorized by law to be equipped with oscillating, rotating, or flashing lights under Section 12-215 of this Code, while the owner or operator of the vehicle is engaged in his or her official duties. (d) A person who violates subsection (c) of this Section commits a business offense punishable by a fine of not less than $250 or more than $10,000 for a first violation, and a fine of not less than $750 or more than $10,000 for a second or subsequent violation. It is a factor in aggravation if the person committed the offense while in violation of Section 11-501, 12-610.1, or 12-610.2 of this Code. Imposition of the penalties authorized by this subsection (d) for a violation of subsection (c) of this Section that results in the death of another person does not preclude imposition of appropriate additional civil or criminal penalties. A person who violates subsection (c) and the violation results in damage to another vehicle commits a Class A misdemeanor. A person who violates subsection (c) and the violation results in the injury or death of another person commits a Class 4 felony. (e) If a violation of subsection (c) of this Section results in damage to the property of another person, in addition to any other penalty imposed, the person's driving privileges shall be suspended for a fixed period of not less than 90 days and not more than one year. (f) If a violation of subsection (c) of this Section results in injury to another person, in addition to any other penalty imposed, the person's driving privileges shall be suspended for a fixed period of not less than 180 days and not more than 2 years. (g) If a violation of subsection (c) of this Section results in the death of another person, in addition to any other penalty imposed, the person's driving privileges shall be suspended for 2 years. (h) The Secretary of State shall, upon receiving a record of a judgment entered against a person under subsection (c) of this Section: (1) suspend the person's driving privileges for the | ||
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(2) extend the period of an existing suspension by | ||
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(i) The Scott's Law Fund shall be a special fund in the State treasury. Subject to appropriation by the General Assembly and approval by the Director, the Director of the State Police shall use all moneys in the Scott's Law Fund in the Department's discretion to fund the production of materials to educate drivers on approaching stationary authorized emergency vehicles, to hire off-duty Illinois State Police for enforcement of this Section, and for other law enforcement purposes the Director deems necessary in these efforts. (j) For violations of this Section issued by a county or municipal police officer, the assessment shall be deposited into the county's or municipality's Transportation Safety Highway Hire-back Fund. The county shall use the moneys in its Transportation Safety Highway Hire-back Fund to hire off-duty county police officers to monitor construction or maintenance zones in that county on highways other than interstate highways. The county, in its discretion, may also use a portion of the moneys in its Transportation Safety Highway Hire-back Fund to purchase equipment for county law enforcement and fund the production of materials to educate drivers on construction zone safe driving habits and approaching stationary authorized emergency vehicles. (k) In addition to other penalties imposed by this Section, the court may order a person convicted of a violation of subsection (c) to perform community service as determined by the court. (Source: P.A. 102-336, eff. 1-1-22; 102-338, eff. 1-1-22; 102-813, eff. 5-13-22; 103-667, eff. 1-1-25.) (Text of Section from P.A. 103-711) Sec. 11-907. Operation of vehicles and streetcars on approach of authorized emergency vehicles. (a) Upon the immediate approach of an authorized emergency vehicle making use of audible and visual signals meeting the requirements of this Code or a police vehicle properly and lawfully making use of an audible or visual signal: (1) the driver of every other vehicle shall yield the | ||
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(2) the operator of every streetcar shall immediately | ||
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(b) This Section shall not operate to relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons using the highway. (c) Upon approaching a stationary authorized emergency vehicle or emergency scene, when the stationary authorized emergency vehicle is giving a signal by displaying alternately flashing red, red and white, blue, or red and blue lights or amber or yellow warning lights, a person who drives an approaching vehicle shall: (1) proceeding with due caution, yield the | ||
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(2) if changing lanes would be impossible or unsafe, | ||
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The visual signal specified under this subsection (c) given by a stationary authorized emergency vehicle is an indication to drivers of approaching vehicles that a hazardous condition is present when circumstances are not immediately clear. Drivers of vehicles approaching a stationary authorized emergency vehicle in any lane shall heed the warning of the signal, reduce the speed of the vehicle, proceed with due caution, maintain a safe speed for road conditions, be prepared to stop, and leave a safe distance until safely passed the stationary emergency vehicle. As used in this subsection (c), "authorized emergency vehicle" includes any vehicle authorized by law to be equipped with oscillating, rotating, or flashing lights under Section 12-215 of this Code, while the owner or operator of the vehicle is engaged in his or her official duties. As used in this subsection (c), "emergency scene" means a location where a stationary authorized emergency vehicle as defined by herein is present and has activated its oscillating, rotating, or flashing lights. (d) A person who violates subsection (c) of this Section commits a business offense punishable by a fine of not less than $250 or more than $10,000 for a first violation, and a fine of not less than $750 or more than $10,000 for a second or subsequent violation. It is a factor in aggravation if the person committed the offense while in violation of Section 11-501, 12-610.1, or 12-610.2 of this Code. Imposition of the penalties authorized by this subsection (d) for a violation of subsection (c) of this Section that results in the death of another person does not preclude imposition of appropriate additional civil or criminal penalties. A person who violates subsection (c) and the violation results in damage to another vehicle commits a Class A misdemeanor. A person who violates subsection (c) and the violation results in the injury or death of another person commits a Class 4 felony. (e) If a violation of subsection (c) of this Section results in damage to the property of another person, in addition to any other penalty imposed, the person's driving privileges shall be suspended for a fixed period of not less than 90 days and not more than one year. (f) If a violation of subsection (c) of this Section results in injury to another person, in addition to any other penalty imposed, the person's driving privileges shall be suspended for a fixed period of not less than 180 days and not more than 2 years. (g) If a violation of subsection (c) of this Section results in the death of another person, in addition to any other penalty imposed, the person's driving privileges shall be suspended for 2 years. (h) The Secretary of State shall, upon receiving a record of a judgment entered against a person under subsection (c) of this Section: (1) suspend the person's driving privileges for the | ||
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(2) extend the period of an existing suspension by | ||
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(i) The Scott's Law Fund shall be a special fund in the State treasury. Subject to appropriation by the General Assembly and approval by the Director, the Director of the State Police shall use all moneys in the Scott's Law Fund in the Department's discretion to fund the production of materials to educate drivers on approaching stationary authorized emergency vehicles, to hire off-duty Department of State Police for enforcement of this Section, and for other law enforcement purposes the Director deems necessary in these efforts. (j) For violations of this Section issued by a county or municipal police officer, the assessment shall be deposited into the county's or municipality's Transportation Safety Highway Hire-back Fund. The county shall use the moneys in its Transportation Safety Highway Hire-back Fund to hire off-duty county police officers to monitor construction or maintenance zones in that county on highways other than interstate highways. The county, in its discretion, may also use a portion of the moneys in its Transportation Safety Highway Hire-back Fund to purchase equipment for county law enforcement and fund the production of materials to educate drivers on construction zone safe driving habits and approaching stationary authorized emergency vehicles. (k) In addition to other penalties imposed by this Section, the court may order a person convicted of a violation of subsection (c) to perform community service as determined by the court. (Source: P.A. 102-336, eff. 1-1-22; 102-338, eff. 1-1-22; 102-813, eff. 5-13-22; 103-711, eff. 1-1-25.) |
(625 ILCS 5/11-907.1) Sec. 11-907.1. (Repealed).
(Source: P.A. 102-538, eff. 8-20-21. Repealed internally, eff. 1-1-22.) |
(625 ILCS 5/11-907.2) Sec. 11-907.2. (Repealed).(Source: P.A. 102-336, eff. 1-1-22. Repealed internally, eff. 1-1-24.) |
(625 ILCS 5/11-907.5) Sec. 11-907.5. Approaching disabled vehicles. (a) Upon approaching a disabled vehicle with lighted hazard lights on a highway having at least 4 lanes, of which at least 2 are proceeding in the same direction, a driver of a vehicle shall: (1) proceeding with due caution, yield the | ||
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(2) if changing lanes would be impossible or unsafe | ||
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(b) A person who violates subsection (a) of this Section commits a petty offense.
(Source: P.A. 101-173, eff. 1-1-20.) |
(625 ILCS 5/11-908) (from Ch. 95 1/2, par. 11-908) (Text of Section before amendment by P.A. 103-711)
Sec. 11-908. Vehicle approaching or entering a highway construction or
maintenance
area or zone. (a) The driver of a vehicle shall yield the right-of-way to any
authorized vehicle or pedestrian actually engaged in work upon a highway
within any highway construction or maintenance area indicated by
official traffic-control devices.
(a-1) Upon entering a construction or maintenance zone
when workers are present, a
person who drives a vehicle shall:
(1) proceeding with due caution, make a lane change | ||
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(2) proceeding with due caution, reduce the speed of | ||
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(a-2) A person who violates subsection (a-1) of this
Section commits a business
offense punishable by a fine of not less than $100 and not more than $25,000. It is a factor in
aggravation if the person committed the offense while in violation of Section
11-501 of this Code.
(a-3) If a violation of subsection (a-1) of this Section
results in damage to the property of another person, in addition to any other
penalty imposed,
the person's driving privileges shall be suspended for a fixed
period of not less than 90 days and not more than one year.
(a-4) If a violation of subsection (a-1) of this Section
results in injury to another person, in addition to any other penalty imposed,
the person's driving privileges shall be suspended for a fixed period of not
less
than 180
days and not more than 2 years.
(a-5) If a violation of subsection (a-1) of this Section
results in the death of
another person, in addition to any other penalty imposed,
the person's driving privileges shall be suspended for 2 years.
(a-6) The Secretary of State shall, upon receiving a record of a judgment
entered against a person under subsection (a-1) of this
Section:
(1) suspend the person's driving privileges for the | ||
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(2) extend the period of an existing suspension by | ||
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(b) The driver of a vehicle shall yield the right-of-way to any
authorized vehicle obviously and actually engaged in work upon a highway
whenever the vehicle engaged in construction or maintenance work
displays flashing lights as provided in Section 12-215 of this Act.
(c) The driver of a vehicle shall stop if signaled to do so by a
flagger or a traffic control signal and remain in such position until
signaled to proceed. If a driver of a vehicle fails to stop when signaled
to do so by a flagger, the flagger is authorized to report such offense to
the State's Attorney or authorized prosecutor.
The penalties imposed for a violation of this subsection (c) shall be in
addition to any penalties imposed for a violation of subsection (a-1).
(Source: P.A. 100-201, eff. 8-18-17; 101-172, eff. 1-1-20.)
(Text of Section after amendment by P.A. 103-711) Sec. 11-908. Vehicle approaching or entering a highway construction or maintenance area or zone. (a) The driver of a vehicle shall yield the right-of-way to any authorized vehicle or pedestrian actually engaged in work upon a highway within any highway construction or maintenance area indicated by official traffic-control devices. (a-1) Upon entering a construction or maintenance zone when workers are present, a person who drives a vehicle shall: (1) proceeding with due caution, yield the | ||
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(2) proceeding with due caution, reduce the speed of | ||
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(a-2) A person who violates subsection (a-1) of this Section commits a business offense punishable by a fine of not less than $100 and not more than $25,000. It is a factor in aggravation if the person committed the offense while in violation of Section 11-501 of this Code. (a-3) If a violation of subsection (a-1) of this Section results in damage to the property of another person, in addition to any other penalty imposed, the person's driving privileges shall be suspended for a fixed period of not less than 90 days and not more than one year. (a-4) If a violation of subsection (a-1) of this Section results in injury to another person, in addition to any other penalty imposed, the person's driving privileges shall be suspended for a fixed period of not less than 180 days and not more than 2 years. (a-5) If a violation of subsection (a-1) of this Section results in the death of another person, in addition to any other penalty imposed, the person's driving privileges shall be suspended for 2 years. (a-6) The Secretary of State shall, upon receiving a record of a judgment entered against a person under subsection (a-1) of this Section: (1) suspend the person's driving privileges for the | ||
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(2) extend the period of an existing suspension by | ||
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(b) The driver of a vehicle shall yield the right-of-way to any authorized vehicle obviously and actually engaged in work upon a highway whenever the vehicle engaged in construction or maintenance work displays flashing lights as provided in Section 12-215 of this Act. (c) The driver of a vehicle shall stop if signaled to do so by a flagger or a traffic control signal and remain in such position until signaled to proceed. If a driver of a vehicle fails to stop when signaled to do so by a flagger, the flagger is authorized to report such offense to the State's Attorney or authorized prosecutor. The penalties imposed for a violation of this subsection (c) shall be in addition to any penalties imposed for a violation of subsection (a-1).(Source: P.A. 103-711, eff. 1-1-25.) |
(625 ILCS 5/Ch. 11 Art. X heading) ARTICLE X.
PEDESTRIANS' RIGHTS AND DUTIES
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(625 ILCS 5/11-1001) (from Ch. 95 1/2, par. 11-1001)
Sec. 11-1001.
Pedestrian obedience to traffic control devices and traffic
regulations.
(a) A pedestrian shall obey the instructions of any official traffic
control device specifically applicable to him, unless otherwise directed by
a police officer.
(b) Pedestrians shall be subject to traffic and pedestrian control
signals provided in Sections 11-306 and 11-307 of this Chapter, but at all
other places pedestrians shall be accorded the privileges and shall be
subject to the restrictions stated in this Article.
(Source: P.A. 76-1734.)
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(625 ILCS 5/11-1002) (from Ch. 95 1/2, par. 11-1002)
Sec. 11-1002. Pedestrians' right-of-way at crosswalks. (a) When
traffic control signals are not in place or not in operation the driver of
a vehicle shall stop and yield the right-of-way to a pedestrian crossing the roadway within a crosswalk when the pedestrian
is upon the half of the roadway upon which the vehicle is traveling, or when
the pedestrian is approaching so closely from the opposite half of the roadway
as to be in danger.
(b) No pedestrian shall suddenly leave a curb or other place of safety
and walk or run into the path of a moving vehicle which is so close as to
constitute an immediate hazard.
(c) Paragraph (a) shall not apply under the condition stated in Section
11-1003(b).
(d) Whenever any vehicle is stopped at a marked crosswalk
or at any unmarked crosswalk at an intersection to permit a pedestrian to
cross the roadway, the driver of any other vehicle approaching from the rear
shall not overtake and pass such stopped vehicle.
(e) Whenever stop signs or flashing red signals are in
place at an intersection or at a plainly marked crosswalk between
intersections, drivers shall yield right-of-way to pedestrians as
set forth in Section 11-904 of this Chapter.
(Source: P.A. 96-1165, eff. 7-22-10.)
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(625 ILCS 5/11-1002.5) Sec. 11-1002.5. Pedestrians' right-of-way at crosswalks; school zones. (a) For the purpose of this Section, "school" has the meaning ascribed to that term in Section 11-605.
On a school day when school children are present and so close
thereto
that a potential hazard exists because of the close proximity of the motorized
traffic and when
traffic control signals are not in place or not in operation, the driver of
a vehicle shall stop and yield the right-of-way to a pedestrian crossing the roadway within a crosswalk when the pedestrian
is upon the half of the roadway upon which the vehicle is traveling, or when
the pedestrian is approaching so closely from the opposite half of the roadway
as to be in danger.
For the purpose of this Section, a school day shall begin at seven ante
meridian and shall conclude at four post meridian.
This Section shall not be applicable unless appropriate signs are posted
in accordance with Section 11-605.
(b) A first violation of this Section is a petty
offense with a minimum fine
of $150. A second or subsequent violation of this
Section is a petty offense with a minimum fine of $300.
(c) (Blank).
(Source: P.A. 100-987, eff. 7-1-19.) |
(625 ILCS 5/11-1003) (from Ch. 95 1/2, par. 11-1003)
Sec. 11-1003.
Crossing at other than crosswalks.
(a) Every pedestrian crossing a roadway at any point other than within a
marked crosswalk or within an unmarked crosswalk at an intersection
shall yield the right-of-way to all vehicles upon the roadway.
(b) Any pedestrian crossing a roadway at a point where a pedestrian
tunnel or overhead pedestrian crossing has been provided shall yield the
right-of-way to all vehicles upon the roadway.
(c) Between adjacent intersections at which traffic-control signals
are in operation pedestrians shall not cross at any place except in a
marked crosswalk.
(d) No pedestrian shall cross a roadway intersection diagonally
unless authorized by official traffic-control devices; and, when
authorized to cross diagonally, pedestrians shall cross only in
accordance with the official traffic-control devices pertaining to such
crossing movements.
(e) Pedestrians with disabilities may cross a roadway at any point other
than within a marked crosswalk or within an unmarked crosswalk where the
intersection is physically inaccessible to them but they shall yield the
right-of-way to all vehicles upon the roadway.
(Source: P.A. 88-685, eff. 1-24-95.)
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(625 ILCS 5/11-1003.1) (from Ch. 95 1/2, par. 11-1003.1)
Sec. 11-1003.1.
Drivers to exercise due care.
Notwithstanding other provisions of this Code or the provisions of any
local ordinance, every driver of a vehicle shall exercise due care
to avoid colliding with any pedestrian, or any person operating a bicycle
or other device propelled by human power and shall give warning by sounding
the horn when necessary and shall exercise proper precaution upon
observing any child or any obviously confused, incapacitated
or intoxicated person.
(Source: P.A. 82-132.)
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(625 ILCS 5/11-1004) (from Ch. 95 1/2, par. 11-1004)
Sec. 11-1004.
Pedestrian with disabilities; right-of-way.
The driver of a
vehicle shall yield the right-of-way to any pedestrian with clearly visible
disabilities.
(Source: P.A. 88-685, eff. 1-24-95.)
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(625 ILCS 5/11-1004.1) (from Ch. 95 1/2, par. 11-1004.1)
Sec. 11-1004.1.
Motorized wheelchairs.
Every person operating a
motorized wheelchair upon a sidewalk or roadway shall be granted all the
rights and shall be subject to all the duties applicable to a pedestrian.
(Source: P.A. 84-672.)
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(625 ILCS 5/11-1005) (from Ch. 95 1/2, par. 11-1005)
Sec. 11-1005.
Pedestrians to use right half of crosswalks.
Pedestrians shall move, whenever practicable, upon the right half of
crosswalks.
(Source: P.A. 76-1586.)
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(625 ILCS 5/11-1005.1)
Sec. 11-1005.1.
Electric personal assistive mobility devices.
Every person operating an electric personal assistive mobility device
upon a sidewalk or roadway has all the
rights and is subject to all the duties applicable to a pedestrian.
Nothing in this Section shall be deemed to limit
or preempt the authority of any home rule or non-home rule unit of local
government from regulating or prohibiting the use of electric personal
assistive mobility devices.
(Source: P.A. 92-868, eff. 6-1-03.)
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(625 ILCS 5/11-1006) (from Ch. 95 1/2, par. 11-1006)
Sec. 11-1006. Pedestrians soliciting rides or business.
(a) No person shall stand in a roadway for the purpose of soliciting a ride
from the driver of any vehicle.
(b) No person shall stand on a highway for the purpose of soliciting
employment or business from the occupant of any vehicle.
(c) No person shall stand on a highway for the purpose of soliciting
contributions from the occupant of any vehicle except within a municipality
when expressly permitted by municipal ordinance. The local municipality, city,
village, or other local governmental entity in which the solicitation takes
place shall determine by ordinance where and when solicitations may take place
based on the safety of the solicitors and the safety of motorists. The
decision shall also take into account the orderly flow of traffic and may not
allow interference with the operation of official traffic control devices. The
soliciting agency shall be:
1. registered with the Attorney General as a | ||
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2. engaged in a Statewide fundraising activity; and
3. liable for any injuries to any person or property | ||
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Any person engaged in the act of solicitation shall be 16 years of age
or more and shall be wearing a high-visibility vest.
(d) No person shall stand on or in the proximity of a highway for the
purpose of soliciting the watching or guarding of any vehicle while parked
or about to be parked on a highway.
(e) Every person who is convicted of a violation of this Section shall
be guilty of a Class A misdemeanor.
(Source: P.A. 102-558, eff. 8-20-21.)
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(625 ILCS 5/11-1007) (from Ch. 95 1/2, par. 11-1007)
Sec. 11-1007. Pedestrians walking on highways. (a) Except as provided in subsection (e), where a sidewalk is
provided and its use is practicable, it shall be unlawful for any pedestrian to walk
along and upon an adjacent roadway.
(b) Except as provided in subsection (e), where a sidewalk is not available, any pedestrian walking along and upon
a highway shall walk only on a shoulder, as far as practicable from the edge of
the roadway.
(c) Except as provided in subsection (e), where neither a sidewalk nor a shoulder is available, any pedestrian
walking along and upon a highway shall walk as near as practicable to an outside
edge of a roadway, and, if on a two-way roadway, shall walk only on the left side
of the roadway.
(d) Except as otherwise provided in this Chapter, any pedestrian upon
a roadway shall yield the right-of-way to all vehicles upon the roadway. (e) In municipalities with a population of under 2,000,000 inhabitants, upon highways where the maximum posted speed limit is 45 miles per hour or less, and during the period from sunrise to sunset, a pedestrian who is 18 years of age or older and wearing in-line speed skates may travel upon the roadway as near as practicable to an outside edge of the roadway. Pedestrians wearing in-line speed skates upon a roadway may not impede or obstruct other vehicular traffic. Pedestrians wearing in-line speed skates shall be subject to all other rights and duties under this Article X. Nothing in this Code shall be construed to prevent a pedestrian wearing in-line speed skates from using a lane designated for bicycles.
(Source: P.A. 97-1023, eff. 1-1-13.)
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(625 ILCS 5/11-1008) (from Ch. 95 1/2, par. 11-1008)
Sec. 11-1008.
Right-of-way on sidewalks.
The driver of a vehicle
shall yield the right-of-way to any pedestrian on a sidewalk.
(Source: P.A. 79-857.)
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(625 ILCS 5/11-1009) (from Ch. 95 1/2, par. 11-1009)
Sec. 11-1009.
Pedestrians yield to authorized emergency vehicles.
Upon the immediate approach of an authorized emergency vehicle making use
of an audible signal
and visual signals
meeting the requirements of Section 12-217 of this
Chapter, or of a police vehicle properly and lawfully making use of an audible
signal only, every pedestrian shall yield the right-of-way to the authorized
emergency vehicle.
(Source: P.A. 79-857.)
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(625 ILCS 5/11-1010) (from Ch. 95 1/2, par. 11-1010)
Sec. 11-1010.
Pedestrians under influence of alcohol or drugs.
A pedestrian who is under the influence of alcohol or any drug to a degree
which renders himself a hazard shall not walk or be upon a highway except on
a sidewalk.
(Source: P.A. 79-857.)
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(625 ILCS 5/11-1011) (from Ch. 95 1/2, par. 11-1011)
Sec. 11-1011. Bridge and railroad signals.
(a) No pedestrian
shall enter or remain
upon any bridge or approach thereto beyond the bridge signal, gate, or
barrier after a bridge operation signal indication has been given.
(b) No pedestrian shall pass through, around, over, or under any
crossing gate or barrier at a railroad grade crossing or bridge while such
gate or barrier is closed or is being opened or closed.
(c) No pedestrian shall enter, remain upon or traverse over a railroad
grade crossing or pedestrian walkway crossing a railroad track when an
audible bell or clearly visible electric or mechanical signal device is
operational giving warning of the presence, approach, passage, or
departure of a
railroad train or railroad track equipment.
(d) A violation of any part of this Section is a petty offense for
which a $250 fine shall be imposed for a first violation, and a $500 fine shall
be imposed for a
second or subsequent violation. The court may impose 25 hours of community
service in place of the $250
fine for a
first violation.
(e) Local authorities shall impose fines as established in subsection (d)
for pedestrians who fail to obey signals indicating the presence,
approach, passage, or
departure of
a train or railroad track equipment.
(Source: P.A. 96-1244, eff. 1-1-11.)
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(625 ILCS 5/Ch. 11 Art. XI heading) ARTICLE XI.
STREET CARS AND SAFETY ZONES
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(625 ILCS 5/11-1101) (from Ch. 95 1/2, par. 11-1101)
Sec. 11-1101.
Passing street car on left.
(a) The driver of a vehicle shall not overtake and pass upon the left
nor drive upon the left side of any street car proceeding in the same
direction, whether such street car is actually in motion or temporarily at
rest, except:
1. When so directed by a police officer;
2. When upon a one-way street; or
3. When upon a street where the tracks are so located as to prevent
compliance with the section.
(b) The driver of any vehicle when permitted to overtake and pass upon
the left of a street car which has stopped for the purpose of receiving or
discharging any passenger shall reduce speed and may proceed only upon
exercising due caution for pedestrians and shall accord pedestrians the
right-of-way when required by other Sections of this Chapter.
(Source: P.A. 76-1586.)
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(625 ILCS 5/11-1102) (from Ch. 95 1/2, par. 11-1102)
Sec. 11-1102.
Passing street car on right.
The driver of a vehicle overtaking upon the right any street car stopped
or about to stop for the purpose of receiving or discharging any passenger
shall stop such vehicle at least ten feet to the rear of the nearest
running board or door of such street car and thereupon remain standing
until all passengers have boarded such car or upon alighting have reached a
place of safety, except that where a safety zone has been established a
vehicle need not be brought to a stop before passing any such street car
but may proceed past such car at a speed not greater than is reasonable and
proper and with due caution for the safety of pedestrians.
(Source: P.A. 76-1586.)
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(625 ILCS 5/11-1103) (from Ch. 95 1/2, par. 11-1103)
Sec. 11-1103.
Driving on street car tracks.
(a) The driver of any vehicle proceeding upon any street car track in
front of a street car upon a street shall remove such vehicle from the
track as soon as practical after signal from the operator of said street
car.
(b) The driver of a vehicle upon overtaking and passing a street car
shall not turn in front of such street car so as to interfere with or
impede its movement.
(Source: P.A. 76-1586.)
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(625 ILCS 5/11-1104) (from Ch. 95 1/2, par. 11-1104)
Sec. 11-1104.
Driving through safety zone prohibited.
No vehicle shall at any time be driven through or within a safety zone.
(Source: P.A. 76-1586.)
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(625 ILCS 5/Ch. 11 Art. XII heading) ARTICLE XII.
SPECIAL STOPS REQUIRED
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(625 ILCS 5/11-1201) (from Ch. 95 1/2, par. 11-1201)
Sec. 11-1201. Obedience to signal indicating approach of train or railroad track equipment.
(a) Whenever any person driving a vehicle approaches a railroad grade
crossing where the driver is not always required to stop, the
person must
exercise due care and caution as the existence of
a railroad track across a highway is a warning of danger, and under any of
the circumstances stated in this Section, the driver shall stop within 50
feet but not less than 15 feet from the nearest rail of the railroad and
shall not proceed until the tracks are clear and he or she can do so
safely. The
foregoing requirements
shall apply when:
1. A clearly visible electric or mechanical signal | ||
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2. A crossing gate is lowered or a human flagman | ||
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3. A railroad train or railroad track equipment | ||
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4. An approaching railroad train or railroad track | ||
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5. A railroad train or railroad track equipment is | ||
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(a-1) Whenever any person driving a commercial motor vehicle, as defined in Section 6-500 of this Code, approaches a railroad grade crossing where the driver is not always required to stop, the person must exercise due care and caution as the existence of a railroad track across a highway is a warning of danger, and under any of the circumstances stated in this Section, the driver shall stop within 50 feet but not less than 15 feet from the nearest rail of the railroad and shall not proceed until the tracks are clear and he or she can do so safely. The foregoing requirements shall apply when: 1. A clearly visible electric or mechanical signal | ||
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2. A crossing gate is lowered or a human flagman | ||
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3. A railroad train or railroad track equipment | ||
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4. An approaching railroad train or railroad track | ||
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5. A railroad train or railroad track equipment is | ||
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(a-5) Whenever a person driving a commercial motor vehicle, as defined in Section 6-500 of this Code, approaches a railroad grade
crossing where the driver is not always required to stop but must slow down,
the person must exercise due care and caution as the existence of a railroad
track across a highway is a warning of danger, and under any of the
circumstances stated in this Section, the driver shall slow down within 50 feet
but not less than 15 feet from the nearest rail of the railroad and shall not
proceed until he or she checks that the tracks are clear of an approaching
train or railroad track equipment.
(b) No person shall drive any vehicle through, around
or under any crossing gate or barrier at a railroad crossing
while such gate or barrier is closed or is being opened or closed.
(c) The Department, and local authorities with the
approval of the Department, are hereby authorized to designate
particularly dangerous highway grade crossings of railroads
and to erect stop signs thereat. When such stop signs
are erected the driver of any vehicle shall stop within 50
feet but not less than 15 feet from the nearest rail of such
railroad and shall proceed only upon exercising due care.
(d) At any railroad grade crossing provided with railroad crossbuck signs,
without automatic, electric, or mechanical signal devices, crossing gates, or a
human flagman giving a signal of the approach or passage of a train or railroad track equipment, the driver
of a vehicle shall in obedience to the railroad crossbuck sign, yield the
right-of-way and slow down to a speed reasonable for the existing conditions
and shall stop, if required for safety, at a clearly marked stopped line, or if
no stop line, within 50 feet but not less than 15 feet from the nearest rail of
the railroad and shall not proceed until he or she can do so safely. If a
driver is involved in a collision at a railroad crossing or interferes with the
movement of a train or railroad track equipment after driving past the railroad crossbuck sign, the
collision or interference is prima facie evidence of the driver's
failure to yield right-of-way.
(d-1) No person shall, while driving a commercial motor vehicle, fail to
negotiate
a railroad-highway grade railroad crossing because of insufficient
undercarriage
clearance.
(d-5) (Blank).
(e) It is unlawful to violate any part of this
Section.
(1) A violation of this Section is a petty offense | ||
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(2) For a second or subsequent violation, the | ||
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(f) Corporate authorities of municipal corporations
regulating operators of vehicles that fail to obey signals indicating the
presence,
approach, passage, or departure of a
train or railroad track equipment shall impose fines as established in subsection (e) of this Section.
(Source: P.A. 103-179, eff. 6-30-23.)
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(625 ILCS 5/11-1201.1)
Sec. 11-1201.1. Automated railroad crossing enforcement system.
(a) For the purposes of this Section, an automated railroad grade crossing
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 local ordinance and is designed to obtain a clear recorded image of the vehicle and vehicle's license plate. The recorded image must also display the time, date, and location of the violation. As used in this Section, "recorded images" means images recorded by an automated railroad grade crossing 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) The Illinois
Commerce Commission may, in cooperation with a
local law enforcement agency, establish in any county or municipality an automated
railroad grade crossing enforcement system at any railroad grade crossing equipped with a crossing gate designated by local authorities. Local authorities desiring the establishment of an automated railroad crossing enforcement system must initiate the process by enacting a local ordinance requesting the creation of such a system. After the ordinance has been enacted, and before any additional steps toward the establishment of the system are undertaken, the local authorities and the Commission must agree to a plan for obtaining, from any combination of federal, State, and local funding sources, the moneys required for the purchase and installation of any necessary equipment.
(b-1) (Blank).
(c) For each violation of Section 11-1201 of this Code or a local ordinance recorded by an automated railroad grade crossing 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, no 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; or (B) challenging the charge in court, by mail, or | ||
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(d) (Blank).
(d-1) (Blank).
(d-2) (Blank).
(e) Based on inspection of recorded images produced by an automated railroad grade crossing 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.
(e-1) Recorded images made by an automated railroad grade crossing 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.
(e-2) The court or hearing officer may consider the following in the 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) any other evidence or issues provided by | ||
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(e-3) 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.
(f) Rail crossings equipped with an automatic railroad grade crossing
enforcement system shall be posted with a sign visible to approaching traffic
stating that the railroad grade crossing is being monitored, that citations
will be issued, and the amount of the fine for violation.
(g) The compensation paid for an automated railroad grade crossing enforcement system must be based on the value of the equipment or the services provided and may not be based on the number of citations issued or the revenue generated by the system.
(h) (Blank).
(i) If any part or parts of this Section are held by a court of competent
jurisdiction to be unconstitutional, the unconstitutionality shall not affect
the validity of the remaining parts of this Section. The General Assembly
hereby declares that it would have passed the remaining parts of this Section
if it had known that the other part or parts of this Section would be declared
unconstitutional.
(j) Penalty. A civil fine of
$250 shall be imposed for a first violation of this Section, and a civil fine of $500 shall be
imposed for a second or subsequent violation of this Section.
(Source: P.A. 101-395, eff. 8-16-19; 101-652, eff. 7-1-21; 102-813, eff. 5-13-22; 102-905, eff. 1-1-23.)
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(625 ILCS 5/11-1201.5)
Sec. 11-1201.5. (Repealed).
(Source: P.A. 94-771, eff. 1-1-07. Repealed by P.A. 96-478, eff. 1-1-10.)
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(625 ILCS 5/11-1202) (from Ch. 95 1/2, par. 11-1202)
Sec. 11-1202. Certain vehicles must stop at all railroad grade
crossings.
(a) The driver of any of the following vehicles shall, before
crossing a railroad track or tracks at grade, stop such vehicle within 50
feet but not less than 15 feet from the nearest rail and, while so stopped,
shall listen and look for the approach of a train or railroad track equipment and shall not proceed
until such movement can be made with safety:
1. Any second division vehicle carrying passengers | ||
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2. Any bus that meets all of the special requirements | ||
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3. (Blank).
(a-1) The driver of any of the following vehicles shall, before crossing a railroad track or tracks at grade, stop such vehicle within 50 feet but not less than 15 feet from the nearest rail and, while so stopped, shall listen and look for the approach of a train or railroad track equipment and shall not proceed until such movement can be made with safety: 1. A commercial motor vehicle, as defined in Section | ||
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2. Any bus that meets all of the special | ||
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3. Any other vehicle which is required by federal | ||
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After stopping as required in this Section, the driver shall proceed only in
a gear not requiring a change of gears during the crossing, and the driver
shall not shift gears while crossing the track or tracks.
(b) This Section shall not apply:
1. At any railroad grade crossing where traffic is | ||
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2. At any railroad grade crossing controlled by a | ||
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3. At any streetcar grade crossing within a business | ||
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4. At any abandoned, industrial or spur track | ||
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(Source: P.A. 103-179, eff. 6-30-23.)
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(625 ILCS 5/11-1203) (from Ch. 95 1/2, par. 11-1203)
Sec. 11-1203. Moving heavy equipment at railroad grade crossing.
(a) No person shall operate or move any crawler-type tractor, power
shovel, derrick, roller, or any equipment or structure having a normal
operating speed of 10 or less miles per hour, or, for such equipment with
18 feet or less distance between two adjacent axles, having a vertical body
or load clearance of less than 9 inches above a level surface, or, for such
equipment with more than 18 feet between two adjacent axles, having a
vertical body or load clearance of less than 1/2 inch per foot of distance
between such adjacent axles above a level surface upon or across any tracks
at a railroad grade crossing without first complying with this Section.
(b) Notice of any such intended crossing shall be given to a
superintendent of such railroad and a reasonable time be given to such
railroad to provide proper protection at such crossing.
(c) Before making any such crossing the person operating or moving any
such vehicle or equipment shall first stop the same not less than 15 feet
nor more than 50 feet from the nearest rail of such railway and while so
stopped shall listen and look in both directions along such track for any
approaching train or railroad track equipment and for signals indicating the approach of a train or railroad track equipment, and
shall not proceed until the crossing can be made safely.
(d) No such crossing shall be made when warning is given by automatic
signal or crossing gates or a flagman or otherwise of the immediate
approach of a railroad train, railroad track equipment, or car.
(Source: P.A. 96-1244, eff. 1-1-11.)
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(625 ILCS 5/11-1204) (from Ch. 95 1/2, par. 11-1204)
(Text of Section before amendment by P.A. 103-706)
Sec. 11-1204.
Stop and yield signs.
(a) Preferential right-of-way at an intersection may be indicated by
stop signs or yield signs as authorized in Section 11-302 of this Act.
(b) Except when directed to proceed by a police officer or traffic
control signal, every driver of a vehicle and every motorman of a streetcar
approaching a stop intersection indicated by a stop sign shall stop before
entering the crosswalk on the near side of the intersection or, in the
event there is no crosswalk, shall stop at a clearly marked stop line, but
if none, then at the point nearest the intersection roadway where the
driver has a view of approaching traffic on the intersecting roadway before
entering the intersection.
(c) The driver of a vehicle approaching a yield sign if required for
safety to stop shall stop before entering the crosswalk on the near side of
the intersection or, in the event there is no crosswalk, at a clearly
marked stop line, but if none, then at the point nearest the intersecting
roadway where the driver has a view of approaching traffic on the
intersecting roadway.
(Source: P.A. 76-1586.)
(Text of Section after amendment by P.A. 103-706) Sec. 11-1204. Stop and yield signs. (a) Preferential right-of-way at an intersection may be indicated by stop signs or yield signs as authorized in Section 11-302 of this Act. (b) Except when directed to proceed by a police officer or traffic control signal, every driver of a vehicle and every motorman of a streetcar approaching a stop intersection indicated by a stop sign shall stop at a clearly marked stop line, but if none, before entering the crosswalk on the near side of the intersection, or if none, then at the point nearest the intersection roadway where the driver has a view of approaching traffic on the intersecting roadway before entering the intersection. (c) The driver of a vehicle approaching a yield sign if required for safety to stop shall stop before entering the crosswalk on the near side of the intersection or, in the event there is no crosswalk, at a clearly marked stop line, but if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway.(Source: P.A. 103-706, eff. 1-1-25.)
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(625 ILCS 5/11-1205) (from Ch. 95 1/2, par. 11-1205)
Sec. 11-1205.
Emerging from alley, building, or private road or driveway.
The driver of a vehicle emerging from an alley, building, private road
or driveway within an urban area shall stop such vehicle immediately prior
to driving into the sidewalk area extending across such alley, building
entrance, road or driveway, or in the event there is no sidewalk area,
shall stop at the point nearest the street to be entered where the driver
has a view of approaching traffic thereon, and shall yield the right-of-way
to any pedestrian as may be necessary to avoid collision, and upon entering
the roadway shall yield the right-of-way to all vehicles approaching on
such roadway.
(Source: P.A. 77-1344.)
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(625 ILCS 5/Ch. 11 Art. XIII heading) ARTICLE XIII.
STOPPING, STANDING,
AND PARKING
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(625 ILCS 5/11-1301) (from Ch. 95 1/2, par. 11-1301)
Sec. 11-1301.
Stopping, standing or parking outside of business or residence
district.
(a) Outside a business or residence district,
no person shall stop, park or leave
standing any vehicle, whether attended or unattended, upon the roadway when
it is practicable to stop, park or so leave such vehicle off
the roadway, but in every event an unobstructed width of the highway
opposite a standing vehicle shall be left for the free passage of other
vehicles and a clear view of such stopped vehicle shall be available from a
distance of 200 feet in each direction upon such highway.
(b) The Department with respect to highways under its jurisdiction or
for the maintenance of which it is responsible may place signs prohibiting
or restricting the stopping, standing or parking of vehicles on any highway
where in its opinion such stopping, standing or parking is dangerous to
those using the highway or where the stopping, standing or parking of
vehicles would unduly interfere with the free movement of traffic thereon.
Any such regulations adopted by the Department regarding the stopping,
standing or parking of vehicles upon any specific street, streets or
highways become effective at the time of the erection of appropriate signs
indicating such regulations. Any such signs may be erected either by the
Department or by a local authority with the approval of the Department.
(c) This Section, Section 11-1303 and Section 11-1304 shall
not apply to the driver of any vehicle which is
disabled in such manner and to such extent that it is
impossible to avoid stopping and temporarily leaving the vehicle
in such position.
(d) Any second division vehicle used exclusively for the collection of
garbage, refuse, or recyclable material may stop or stand on the road in a
business, rural, or
residential district for the sole purpose of collecting garbage, refuse, or
recyclable material. The vehicle, in addition to having its hazard lights
lighted at all times that it is engaged in stopping or standing, shall also use
its amber oscillating, rotating, or flashing light or lights as authorized
under
paragraph 12 of subsection (b) of Section 12-215, if so equipped.
(Source: P.A. 91-869, eff. 1-1-01.)
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(625 ILCS 5/11-1301.1) (from Ch. 95 1/2, par. 11-1301.1)
Sec. 11-1301.1. Persons with disabilities - Parking privileges - Exemptions. (a) A motor vehicle bearing registration plates or digital registration plates issued to a person with
disabilities, as defined by Section 1-159.1, pursuant to Section 3-616 or to a
veteran with a disability pursuant to subsection (a) of Section 3-609 or a special decal or device issued
pursuant to Section 3-616 or pursuant to Section 11-1301.2 of this Code or a
motor vehicle registered in another jurisdiction, state, district, territory or
foreign country upon which is displayed a registration plate or digital registration plate, special decal or
device issued by the other jurisdiction designating the vehicle is operated by
or for a person with disabilities shall be exempt from the payment of parking
meter fees until January 1, 2014, and exempt from any statute or ordinance imposing time limitations
on parking, except limitations of one-half hour or less, on any street or
highway zone, a parking area subject to regulation under subsection (a) of Section 11-209 of this Code, or any parking lot or parking place which
are owned, leased or owned and leased by a municipality or a municipal
parking utility; and shall be recognized by state and local authorities
as a valid license plate or parking device and shall receive the same
parking privileges as residents of this State; but, such vehicle shall be
subject to the laws which prohibit parking in "no stopping" and "no
standing" zones in front of or near fire hydrants, driveways, public
building entrances and exits, bus stops and loading areas, and is
prohibited from parking where the motor vehicle constitutes a traffic
hazard, whereby such motor vehicle shall be moved at the instruction and
request of a law enforcement officer to a location designated by the
officer. (b) Any motor vehicle bearing registration plates or digital registration plates or a special decal
or device specified in this Section or in Section 3-616 of this Code or
such parking device as specifically authorized in Section 11-1301.2 as
evidence that the vehicle is operated by or for a person with disabilities or bearing registration plates or digital registration plates issued to a
veteran with a disability under subsection (a) of Section 3-609 may park, in addition to any
other lawful place, in any parking place specifically reserved for such
vehicles by the posting of an official sign as provided under Section 11-301.
Parking privileges granted by this Section are strictly limited
to the person to whom the special registration plates or digital registration plates, special decal or
device were issued and to qualified operators acting under his or her express
direction while the person with disabilities is present.
A person to whom privileges were granted shall, at the request of a
police officer or any other person invested by law with authority to direct,
control, or regulate traffic, present an identification card with a picture as
verification that the
person is the person to whom the special registration plates or digital registration plates, special decal or
device was issued.
(c) Such parking privileges granted by this Section are also extended to
motor vehicles of not-for-profit organizations used for the transportation of
persons with disabilities when such motor vehicles display the decal or device
issued pursuant to Section 11-1301.2 of this Code.
(d) No person shall use any area for the parking of any motor vehicle
pursuant to Section 11-1303 of this Code or where an official sign
controlling such area expressly prohibits parking at any time or during
certain hours.
(e) Beginning January 1, 2014, a vehicle displaying a decal or device issued under subsection (c-5) of Section 11-1301.2 of this Code shall be exempt from the payment of fees generated by parking in a metered space or in a publicly owned parking area.(Source: P.A. 101-395, eff. 8-16-19.)
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(625 ILCS 5/11-1301.2) (from Ch. 95 1/2, par. 11-1301.2)
Sec. 11-1301.2. Special decals for parking; persons with disabilities.
(a) The Secretary of State shall provide for, by administrative rules, the
design, size, color, and placement of a person with disabilities motorist decal
or device
and shall provide for, by administrative
rules, the content and form of an application for a person with disabilities
motorist decal or device,
which shall be used by local authorities in the issuance thereof to a
person with temporary disabilities, provided that the decal or device is
valid for no more than 90 days, subject to renewal for like periods based upon
continued disability, and further provided that the decal or device clearly
sets forth the date that the decal or device expires.
The application shall
include the requirement of an Illinois Identification Card number or a State
of Illinois driver's license number or, if the applicant does not have an identification card or driver's license number, then the applicant may use a valid identification number issued by a branch of the U.S. military or a federally issued Medicare or Medicaid identification number.
This decal or device may be used by the authorized holder to designate and identify a vehicle not owned or displaying a
registration plate or digital registration plate as provided in Sections 3-609 and 3-616 of this Act to
designate when the vehicle is being used to transport said person or persons
with disabilities, and thus is entitled to enjoy all the privileges that would
be afforded a person with disabilities licensed vehicle.
Person with disabilities decals or devices issued and displayed pursuant to
this Section shall be recognized and honored by all local authorities
regardless of which local authority issued such decal or device.
The decal or device shall be issued only upon a showing by adequate
documentation that the person for whose benefit the decal or device is to be
used has a disability as defined in Section 1-159.1 of this
Code and the disability is temporary.
(a-5) The Secretary may provide a disabilities motorist decal or device to an expectant mother during her third trimester. An application under this subsection is subject to application requirements under subsection (a). The decal or device shall be valid for no more than 90 days, and shall clearly set forth the date that the decal or device expires. The decal or device shall be issued only upon a showing by adequate documentation that the expectant mother has entered her third trimester. (b) The local governing authorities shall be responsible for the provision
of such decal or device, its issuance and designated placement within the
vehicle. The cost of such decal or device shall be at the discretion of
such local governing authority.
(c) The Secretary of State may, pursuant to Section 3-616(c), issue
a person with disabilities parking decal or device to a person with
disabilities as defined by Section 1-159.1. Any person with disabilities
parking decal or device issued by the Secretary of State shall be registered to
that person with disabilities in the form to be prescribed by the Secretary of
State. The person with disabilities parking decal or device shall not display
that person's address. One additional decal or device may be issued to an
applicant upon his or her written request and with the approval of the
Secretary of
State.
The written request must include a justification of the need for the
additional decal or device.
(c-5) Beginning January 1, 2014, the Secretary shall provide by administrative rule for the issuance of a separate and distinct parking decal or device for persons with disabilities as defined by Section 1-159.1 of this Code and who meet the qualifications under this subsection. The authorized holder of a decal or device issued under this subsection (c-5) shall be exempt from the payment of fees generated by parking in a metered space, a parking area subject to paragraph (10) of subsection (a) of Section 11-209 of this Code, or a publicly owned parking area. The Secretary shall issue a meter-exempt decal or device to a person with
disabilities who: (i) has been issued registration plates or digital registration plates under subsection (a) of Section 3-609 or Section 3-616 of this Code or a special decal or device under this Section, (ii) holds a valid Illinois driver's license, and (iii) is unable to do one or more of the following: (1) manage, manipulate, or insert coins, or obtain | ||
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(2) reach above his or her head to a height of 42 | ||
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(3) approach a parking meter due to his or her use of | ||
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(4) walk more than 20 feet due to an orthopedic, | ||
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The application for a meter-exempt parking decal or device shall contain a statement certified by a licensed physician, physician assistant, or advanced practice registered nurse attesting to the permanent nature of the applicant's condition and verifying that the applicant meets the physical qualifications specified in this subsection (c-5). Notwithstanding the requirements of this subsection (c-5), the Secretary shall issue a meter-exempt decal or device to a person who has been issued registration plates or digital registration plates under Section 3-616 of this Code or a special decal or device under this Section, if the applicant is the parent or guardian of a person with disabilities who is under 18 years of age and incapable of driving. (d) Replacement decals or devices may be issued for lost, stolen, or
destroyed decals upon application and payment of a $10 fee. The replacement
fee may be waived for individuals that have claimed and received a grant under
the Senior Citizens and Persons with Disabilities Property Tax Relief Act.
(e) A person classified as a veteran under subsection (e) of Section 6-106 of this Code that has been issued a decal or device under this Section shall not be required to submit evidence of disability in order to renew that decal or device if, at the time of initial application, he or she submitted evidence from his or her physician or the Department of Veterans' Affairs that the disability is of a permanent nature. However, the Secretary shall take reasonable steps to ensure the veteran still resides in this State at the time of the renewal. These steps may include requiring the veteran to provide additional documentation or to appear at a Secretary of State facility. To identify veterans who are eligible for this exemption, the Secretary shall compare the list of the persons who have been issued a decal or device to the list of persons who have been issued a vehicle registration plate or digital registration plate for veterans with disabilities under Section 3-609 of this Code, or who are identified as a veteran on their driver's license under Section 6-110 of this Code or on their identification card under Section 4 of the Illinois Identification Card Act. (Source: P.A. 101-395, eff. 8-16-19; 102-453, eff. 1-1-22.)
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(625 ILCS 5/11-1301.3) (from Ch. 95 1/2, par. 11-1301.3)
Sec. 11-1301.3. Unauthorized use of parking places reserved for persons with
disabilities. (a) It shall be prohibited to park any motor vehicle which is not properly
displaying
registration plates or decals issued to a person with disabilities, as defined
by Section 1-159.1, pursuant to Sections 3-616, 11-1301.1 or 11-1301.2, or to
a veteran with a disability pursuant to Section 3-609 of this Act, as evidence that the
vehicle is operated by or for a person with disabilities or a veteran with a disability,
in any parking place, including any private
or public offstreet parking facility, specifically reserved, by the
posting of an official sign as designated under Section 11-301, for
motor vehicles displaying such registration plates.
It shall be prohibited to park any motor vehicle in a designated access
aisle adjacent to any parking place specifically reserved for persons with
disabilities, by the posting of an official sign as designated under Section
11-301, for motor vehicles displaying such registration plates.
When using the parking privileges for persons with disabilities, the parking
decal or device must be displayed properly in the vehicle where it is clearly
visible to law enforcement personnel, either hanging from the rearview mirror
or placed on the dashboard of the vehicle in clear view.
Disability license plates and parking decals and devices are not transferable from person to person. Proper usage of the disability license plate or parking decal or device requires the authorized holder to be present and enter or exit the vehicle at the time the parking privileges are being used. It is a violation of this Section to park in a space reserved for a person with disabilities if the authorized holder of the disability license plate or parking decal or device does not enter or exit the vehicle at the time the parking privileges are being used. Any motor vehicle properly displaying a disability license plate or a
parking decal or device containing the International symbol of access
issued to persons with disabilities by any local authority, state, district,
territory or foreign country shall be recognized by State and local
authorities as a valid license plate or device and receive the same parking
privileges as residents of this State.
(a-1) An individual with a vehicle displaying disability license plates or a parking decal or device issued to a qualified person with a disability under Sections 3-616, 11-1301.1, or 11-1301.2 or to a veteran with a disability under Section 3-609 is in violation of this Section if (i) the person using the disability license plate or parking decal or device is not the authorized holder of the disability license plate or parking decal or device or is not transporting the authorized holder of the disability license plate or parking decal or device to or from the parking location and (ii) the person uses the disability license plate or parking decal or device to exercise any privileges granted through the disability license plate or parking decals or devices under this Code.
(a-2) A driver of a vehicle displaying disability license plates or a parking decal or device issued to a qualified person with a disability under Section 3-616, 11-1301.1, or 11-1301.2 or to a veteran with a disability under Section 3-609 is in violation of this Section if (i) the person to whom the disability license plate or parking decal or device was issued is deceased and (ii) the driver uses the disability license plate or parking decal or device to exercise any privileges granted through a disability license plate or parking decal or device under this Code. (b) Any person or local authority owning or operating any public or private
offstreet parking facility may, after notifying the police or sheriff's
department, remove or cause to be removed to the nearest garage or other
place of safety any vehicle parked within a stall or space reserved for
use by a person with disabilities which does not
display person with disabilities registration
plates or a special decal or device as required under this Section.
(c) Any person found guilty of violating the provisions of subsection (a) shall be fined $250 in addition to any costs or charges connected
with the removal or storage of any motor vehicle authorized under this
Section; but municipalities by ordinance may impose a fine up to $350
and shall display signs indicating the fine imposed. If the amount of
the fine is subsequently changed, the municipality shall change the sign to
indicate the current amount of the fine.
It shall not be a defense to a charge under this Section that either the sign posted
pursuant to this
Section or the intended accessible parking place does not comply with the technical requirements of Section 11-301,
Department
regulations, or local ordinance if a reasonable person would be made aware by
the
sign or notice on or near the parking place that the place is reserved for a
person
with
disabilities.
(c-1) Any person found guilty of violating the provisions of subsection (a-1) a first time shall be fined $600. Any person found guilty of violating subsection (a-1) a second or subsequent time shall be fined $1,000. Any person who violates subsection (a-2) is guilty of a Class A misdemeanor and shall be fined $2,500. The circuit clerk shall distribute 50% of the fine imposed on any person who is found guilty of or pleads guilty to violating this Section, including any person placed on court supervision for violating this Section, to the law enforcement agency that issued the citation or made the arrest. If more than one law enforcement agency is responsible for issuing the citation or making the arrest, the 50% of the fine imposed shall be shared equally.
If an officer of the Secretary of State Department of Police arrested a person for a violation of this Section, 50% of the fine imposed shall be deposited into the Secretary of State Police Services Fund. (d) Local authorities shall impose fines as established in subsections
(c) and (c-1) for violations of this Section.
(e) As used in this Section, "authorized holder" means an individual
issued a disability
license plate under Section 3-616 of this
Code, an individual issued a parking decal or device
under Section 11-1301.2 of this Code, or an individual issued a license plate for veterans with disabilities under Section 3-609 of this Code. (f) Any person who commits a violation of subsection (a-1) or a similar provision of a local ordinance may have his or her driving privileges suspended or revoked by the Secretary of State for a period of time determined by the Secretary of State. Any person who commits a violation of subsection (a-2) or a similar provision of a local ordinance shall have his or her driving privileges revoked by the Secretary of State. The Secretary of State may also suspend or revoke the disability license plates or parking decal or device for a period of time determined by the Secretary of State.
(g) Any police officer may seize the parking decal
or device from any person who commits a violation of this Section. Any police officer may seize the disability license plate upon authorization from the Secretary of State. Any police officer may request that the Secretary of State revoke the parking decal or device or the disability license plate of any person who commits a violation of this Section. (Source: P.A. 98-463, eff. 8-16-13; 99-143, eff. 7-27-15.)
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(625 ILCS 5/11-1301.4) (from Ch. 95 1/2, par. 11-1301.4)
Sec. 11-1301.4. Reciprocal agreements with other jurisdictions; temporary decal. (a) 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.
(b) The Secretary may issue a one-time decal or device to any non-resident of this State who is a person with disabilities and who is displaced from another jurisdiction due to a national disaster as declared by the federal government. The person shall provide the Secretary proof that he or she is residing at an Illinois residence for the duration of his or her time in this State and proof of disability, including, but not limited to, a device or decal issued by another jurisdiction, a designation on a driver's license or identification card issued by another jurisdiction, or a medical certification by an Illinois licensed physician, physician assistant, or advanced practice registered nurse. A device or decal issued under this subsection (b) shall be valid for a period not to exceed 6 months. (Source: P.A. 99-143, eff. 7-27-15; 100-702, eff. 1-1-19.)
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(625 ILCS 5/11-1301.5)
Sec. 11-1301.5. Fictitious or unlawfully altered disability
license plate or parking decal or device. (a) As used in this Section:
"Fictitious disability license plate or parking decal or
device" means any issued disability license plate or parking
decal
or device, or any license plate issued to a veteran with a disability under Section 3-609 of this Code, that has been issued by the Secretary of State or an authorized unit
of local government that was issued based upon false information contained on
the required application.
"False information" means any incorrect or inaccurate information
concerning
the name, date of birth, social security number, driver's license number, military identification number, Medicaid or Medicare identification number,
physician certification, or any other information required on the Persons with Disabilities Certification for Plate or Parking Placard, on the Application for Replacement Disability Parking Placard, or on the
application
for license plates issued to veterans with disabilities under Section 3-609 of this Code, that
falsifies the content of the application.
"Unlawfully altered disability
license plate or parking
permit or device" means any disability license plate or parking
permit or device, or any license plate issued to a veteran with a disability under Section 3-609 of this Code, issued by the Secretary of State or an authorized unit of
local government that has been physically altered or changed in such manner
that false information appears on the license plate or parking decal or device.
"Authorized holder" means an individual issued a disability
license plate under Section 3-616 of this Code or an individual issued a parking decal or device under Section 11-1301.2 of this Code, or an individual issued a license plate for veterans with disabilities under Section 3-609 of this Code.
(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 issue or assist in the issuance of, | ||
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(3) to knowingly alter any disability license plate | ||
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(4) to knowingly manufacture, possess, transfer, or | ||
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(5) to knowingly provide any false information to the | ||
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(6) to knowingly transfer a disability license plate | ||
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(7) who is a physician, physician assistant, or | ||
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(c) Sentence.
(1) Any person convicted of a violation of paragraph | ||
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(2) Any person who commits a violation of this | ||
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(3) Any police officer may seize the parking decal or | ||
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(Source: P.A. 99-143, eff. 7-27-15; 100-513, eff. 1-1-18; 100-702, eff. 1-1-19.)
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(625 ILCS 5/11-1301.6)
Sec. 11-1301.6. Fraudulent disability license plate or
parking decal or device. (a) As used in this Section:
"Fraudulent disability
license plate or parking decal or
device"
means any disability license plate or parking decal or device
that purports to be an official disability license plate or
parking decal or device and that has not been issued by the Secretary of State
or an authorized unit of local government.
"Disability license plate or parking decal or device-making
implement" means any implement specially designed or primarily used in the
manufacture, assembly, or authentication of a disability license
plate or parking decal or device, or a license plate issued to a veteran with a disability under Section 3-609 of this Code, issued by the Secretary of State or a unit of
local government.
(b) It is a violation of this Section for any person:
(1) to knowingly possess any fraudulent disability | ||
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(2) to knowingly possess without authority any | ||
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(3) to knowingly duplicate, manufacture, sell, or | ||
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(4) to knowingly assist in the duplication, | ||
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(5) to advertise or distribute a fraudulent | ||
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(c) Sentence.
(1) Any person convicted of a violation of this | ||
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(2) Any person who commits a violation of this | ||
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(3) Any police officer may seize the parking decal or | ||
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(Source: P.A. 99-143, eff. 7-27-15.)
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(625 ILCS 5/11-1301.7)
Sec. 11-1301.7. Appointed volunteers and contracted
entities; parking violations for persons with disabilities.
(a) The chief of police of a municipality and the sheriff of a county
authorized to enforce parking laws may appoint volunteers or contract with
public or private entities to issue parking violation notices for violations
of Section 11-1301.3 or ordinances dealing with parking privileges for persons
with disabilities. Volunteers appointed under this Section and any employees
of public or private entities that the chief of police or sheriff has
contracted with under this Section who are issuing these parking violation
notices must be at least 21 years of age. The chief of police or sheriff
appointing the volunteers or contracting with public or private entities may
establish any other qualifications that he or she deems desirable.
(b) The chief of police or sheriff appointing volunteers under this Section
shall provide training to the volunteers before authorizing them to issue
parking violation notices.
(c) A parking violation notice issued by a volunteer appointed under this
Section or by a public or private entity that the chief of police or sheriff
has contracted with under this Section shall have
the same force and effect as a parking violation notice issued by a police
officer for the same offense.
(d) All funds collected as a result of the payment of the parking violation
notices issued under this Section shall go to the municipality or county where
the notice is issued.
(e) An appointed volunteer or private or public entity under contract
pursuant to this Section is not liable for his or her or its act or omission in
the execution or enforcement of laws or ordinances if acting within the scope
of the appointment or contract authorized by this Section, unless the act or
omission constitutes willful and wanton conduct.
(f) Except as otherwise provided by statute, a local government, a chief of
police, sheriff, or
employee of a police department or sheriff, as such and acting within the scope
of his or her employment, is not liable for an injury caused by the act or
omission of an appointed volunteer or private or public entity under contract
pursuant to this Section. No local government, chief of police, sheriff, or an
employee of a local government, police department or sheriff shall be liable
for any actions regarding the supervision or direction, or the failure to
supervise and direct, an appointed volunteer or private or public entity under
contract pursuant to this Section unless the act or omission constitutes
willful and wanton conduct.
(g) An appointed volunteer or private or public entity under contract
pursuant to this Section shall assume all liability for and hold the property
owner and his agents and employees harmless from any and all claims of action
resulting from the work of the appointed volunteer or public or private
entity.
(Source: P.A. 99-143, eff. 7-27-15.)
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(625 ILCS 5/11-1301.8) Sec. 11-1301.8. Obstruction of parking places for persons with disabilities. (a) No property owner shall allow any unreasonable obstruction of a designated aisle or parking place specifically reserved for persons with
disabilities after 24 hours following the conclusion of an adverse weather event. (b) No property owner shall allow the accumulation of debris or large objects, such as trash containers, to unreasonably obstruct any designated aisle or parking place specifically reserved for persons with
disabilities without providing suitable and equivalent alternative parking spaces on-site. (c) This Section shall apply to both public and private property where any designated aisle or parking place is specifically reserved for persons with
disabilities, by the posting of an official sign as designated under Section
11-301 of this Code. (d) A person who violates this Section shall be guilty of a petty offense and pay a fine of not more than $250.
(Source: P.A. 96-1125, eff. 1-1-11; 97-333, eff. 8-12-11.) |
(625 ILCS 5/11-1302) (from Ch. 95 1/2, par. 11-1302)
Sec. 11-1302. Officers authorized to remove vehicles. (a) Whenever any police officer
finds a vehicle
in violation of any of the provisions of Section
11-1301 such officer is hereby authorized to move such vehicle, or require the
driver or other person in charge of the vehicle to move the same, to a position
off the roadway.
(b) Any police officer is hereby authorized to remove or cause to be removed
to a place of safety any unattended
vehicle illegally left standing upon any highway, bridge, causeway,
or in a tunnel, in such a
position or under such circumstances as to obstruct the normal movement of traffic.
Whenever the Department finds an abandoned or disabled vehicle
standing upon the paved or main-traveled part of a highway, which
vehicle is or may be expected to interrupt the free flow of traffic
on the highway or interfere with the maintenance of the highway,
the Department is authorized to move the vehicle to a position off
the paved or improved or main-traveled part of the highway.
(c) Any police officer is hereby authorized to remove or cause
to be removed to the nearest garage or other place of safety any
vehicle found upon a highway when:
1. report has been made that such vehicle has been | ||
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2. the person or persons in charge of such vehicle | ||
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3. the person driving or in control of such vehicle | ||
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4. the registration of the vehicle has been | ||
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(Source: P.A. 97-743, eff. 1-1-13; 98-463, eff. 8-16-13.)
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(625 ILCS 5/11-1303) (from Ch. 95 1/2, par. 11-1303)
Sec. 11-1303. Stopping, standing or parking prohibited in specified places.
(a) Except when necessary to avoid conflict with other traffic, or in
compliance with law or the directions of a police officer or official
traffic-control device, no person shall:
1. Stop, stand or park a vehicle:
a. On the roadway side of any vehicle stopped or | ||
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b. On a sidewalk;
c. Within an intersection;
d. On a crosswalk;
e. Between a safety zone and the adjacent curb or | ||
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f. Alongside or opposite any street excavation or | ||
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g. Upon any bridge or other elevated structure | ||
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h. On any railroad tracks. A violation of any | ||
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i. At any place where official signs prohibit | ||
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j. On any controlled-access highway;
k. In the area between roadways of a divided | ||
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l. In a public parking area if the vehicle does | ||
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2. Stand or park a vehicle, whether occupied or not, | ||
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a. In front of a public or private driveway;
b. Within 15 feet of a fire hydrant;
c. Within 20 feet of a crosswalk at an | ||
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d. Within 30 feet upon the approach to any | ||
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e. Within 20 feet of the driveway entrance to any | ||
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f. At any place where official signs prohibit | ||
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3. Park a vehicle, whether occupied or not, except | ||
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a. Within 50 feet of the nearest rail of a | ||
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b. At any place where official signs prohibit | ||
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(b) No person shall move a vehicle not lawfully under his control into
any such prohibited area or away from a curb such distance as is unlawful.
(Source: P.A. 101-395, eff. 8-16-19.)
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(625 ILCS 5/11-1304) (from Ch. 95 1/2, par. 11-1304)
Sec. 11-1304.
Additional parking regulations.
(a) Except as otherwise
provided in this section, every vehicle
stopped or parked upon a two-way roadway shall be so stopped or
parked with the right-hand wheels parallel to and within 12 inches
of the right-hand curb or as close as practicable to the right
edge of the right-hand shoulder.
(b) Except when otherwise provided by local ordinance, every
vehicle stopped or parked upon a one-way roadway shall be so
stopped or parked parallel to the curb or edge of the roadway,
in the direction of authorized traffic movement, with its right-hand
wheels within 12 inches of the right-hand curb or as close as practicable
to the right edge of the right-hand shoulder, or with its left-hand
wheels within 12 inches of the left-hand curb or as close as
practicable to the left edge of the left-hand shoulder.
(c) Local authorities may permit angle parking on any roadway, except
that angle parking shall not be permitted on any federal-aid or State highway unless
the Department has determined that the roadway is of sufficient width to permit
angle parking without interfering with the free movement of traffic.
(d) The Department with respect to highways under its jurisdiction may place
signs prohibiting, limiting, or restricting the stopping, standing or parking of
vehicles on any highway where in its opinion such stopping, standing or parking
is dangerous to those using the highway or where the stopping, standing or parking
of vehicles would unduly interfere with the free movement of traffic thereon.
No person shall stop, stand or park any vehicle in violation of the restrictions
indicated by such devices.
(Source: P.A. 79-801; 79-1069; 79-1454.)
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(625 ILCS 5/11-1304.5)
Sec. 11-1304.5. Parking of vehicle with expired registration. No
person may stop, park, or leave standing upon a public street, highway, or
roadway a vehicle upon
which is
displayed an Illinois registration plate or plates or digital registration plate or plates or registration sticker or digital registration sticker
after the termination of
the registration
period, except as provided for in subsection (b) of Section 3-701 of this Code, for which the registration plate or plates or digital registration plate or plates or registration sticker or digital registration sticker was
issued or after the
expiration date set under
Section 3-414 or 3-414.1 of this Code.
(Source: P.A. 101-395, eff. 8-16-19.)
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(625 ILCS 5/11-1305) (from Ch. 95 1/2, par. 11-1305)
Sec. 11-1305. Lessors of visitor vehicles - Duty upon receiving
notice of violation of this Article or local parking regulation.
Every person in whose name a vehicle is registered pursuant to
law and who leases such vehicle to others, after receiving written
notice of a violation of this Article or a parking regulation of a local
authority involving such vehicle, shall upon request provide such police
officers as have authority of the offense, and the court having
jurisdiction thereof, with a written statement of the name and address
of the lessee at the time of such offense and the identifying number
upon the registration plates or digital registration plates and registration sticker or stickers or digital registration sticker or stickers of
such vehicle.
(Source: P.A. 101-395, eff. 8-16-19.)
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(625 ILCS 5/11-1306) (from Ch. 95 1/2, par. 11-1306)
Sec. 11-1306.
Parking liability of lessor.
No person who is the lessor
of a vehicle pursuant to a written lease agreement shall be liable for the
violation of any parking or standing regulation of this Act, or of a local
authority, involving such 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 the Act.
(Source: P.A. 84-354.)
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(625 ILCS 5/11-1307) Sec. 11-1307. Centralized parking meter systems. (a) As used in this Section: "Centralized parking meter system" means a system of regulating the standing or parking of vehicles that includes 3 or more parking meter zones, and a single parking meter. "Parking meter" means a traffic control device which, upon being activated by deposit of currency of the United States, or by electronic or other form of payment, in the amount indicated thereon or otherwise, either: (1) displays a signal showing that parking is allowed from the time of such activation until the expiration of the time fixed for parking in the parking meter zone in which it is located, and upon expiration of such time indicates by sign or signal that the lawful parking period has expired, or (2) issues a ticket or other token, or activates a display device, on which is printed or otherwise indicated the lawful parking period in the parking meter zone in which the parking meter is located, such ticket, other token, or display device, to be displayed in a publicly visible location on the dashboard or inner windshield of a vehicle parked in the parking meter zone, or such ticket to be affixed on the front lamp of a motorcycle or motor scooter parked in the parking meter zone. "Parking meter zone" means a certain designated and marked-off section of the public way within the marked boundaries where a vehicle may be temporarily parked and allowed to remain for such period of time as the parking meter attached thereto, or the ticket or other token issued by the parking meter, may indicate. (b) If for any reason the parking meter serving a space or, in a centralized parking meter system, serving a parking meter zone is malfunctioning due to the accumulation of ice or snow and it has been reported to the local authorities as malfunctioning prior to a violation for the standing or parking of vehicles being issued, it shall be a valid affirmative defense to such violation until such time as the parking meter is brought back into service.
(Source: P.A. 96-1256, eff. 1-1-11.) |
(625 ILCS 5/11-1308) Sec. 11-1308. Unauthorized use of parking places reserved for electric vehicles. (a) For the purposes of this Section: "Electric vehicle" means a battery-powered electric vehicle operated solely by electricity or a plug-in hybrid electric vehicle that operates on electricity and gasoline and has a battery that can be recharged from an external source. "Electric vehicle charging station" means any facility or equipment that is used to charge a battery or other energy storage device of an electric vehicle. (b) It shall be prohibited to park a non-electric vehicle in an electric vehicle charging station designated for use by electric vehicles, including an electric vehicle charging station on any private or public offstreet parking facility. A person may park only an electric vehicle in an electric vehicle charging station space designated for use by electric vehicles. (c) Any person or local authority owning or operating any public or private offstreet parking facility may, after notifying the police or sheriff's department, remove or cause to be removed to the nearest garage or other place of safety any non-electric vehicle parked within an electric vehicle charging station space designated for use by electric vehicles. (d) It shall not be a defense to a charge under this Section that the sign or notice posted at the electric vehicle charging station or the designated parking space does not comply with applicable rules, regulations, or local ordinances, if a reasonable person would be made aware by the sign or notice on or near the parking space that the space is reserved for electric vehicles. (e) Any person found guilty of violating the provisions of subsection (b) shall be fined $75 in addition to any costs or charges connected with the removal or storage of the non-electric vehicle; but municipalities by ordinance may impose a fine up to $100.
(Source: P.A. 99-172, eff. 1-1-16.) |
(625 ILCS 5/Ch. 11 Art. XIV heading) ARTICLE XIV.
MISCELLANEOUS LAWS
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(625 ILCS 5/11-1401) (from Ch. 95 1/2, par. 11-1401)
Sec. 11-1401. Unattended motor vehicles. Except for a law enforcement officer or an operator of an authorized emergency vehicle performing his or her official duties, no person driving or in charge of
a motor vehicle shall permit it to stand unattended without first stopping the
engine, locking the ignition, removing the key from the
ignition, effectively setting the brake thereon and, when standing upon any
perceptible grade, turning the front
wheels to the curb or side of the highway. An unattended motor vehicle shall not include an unattended locked motor vehicle with the engine running after being started by a remote starter system.
(Source: P.A. 100-435, eff. 8-25-17.)
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(625 ILCS 5/11-1402) (from Ch. 95 1/2, par. 11-1402)
Sec. 11-1402.
Limitations on backing.
(a) The driver of a vehicle shall not back the same unless such movement
can be made with safety and without interfering with other traffic.
(b) The driver of a vehicle shall not back the same upon any shoulder
or roadway of any
controlled-access highway.
(Source: P.A. 79-1069.)
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(625 ILCS 5/11-1403) (from Ch. 95 1/2, par. 11-1403)
Sec. 11-1403. Riding on motorcycles. (a) A person operating a
motorcycle shall ride only upon the permanent and regular seat attached
thereto, and such operator shall not carry any other person nor shall any
other person ride on a motorcycle unless such motorcycle is designed to
carry more than one person, in which event a passenger may ride upon the
permanent and regular seat if designed for 2 persons, or upon another seat
firmly attached to the motorcycle at the rear or side of the operator.
(b) A person shall ride upon a motorcycle only while sitting astride the
seat, facing forward, with one leg on each side of the motorcycle.
(c) No person shall operate any motorcycle with handlebar grips higher than
the height of the head of the operator when the operator is seated in
the normal driving position astride that portion of the seat or saddle
occupied by the operator.
(d) The operator of any motorcycle shall keep at least one hand on a handlebar grip at all times the motorcycle is in motion. (e) The operator of a motorcycle may not transport a passenger unless the passenger is capable of resting a foot on the footrest while the motorcycle is in motion.(Source: P.A. 102-344, eff. 1-1-22.)
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(625 ILCS 5/11-1403.1) (from Ch. 95 1/2, par. 11-1403.1)
Sec. 11-1403.1. Riding on mopeds. (a) The operator of a
moped shall ride only astride the permanent and regular seat
attached thereto, and shall not permit 2 persons to ride thereon at the
same time, unless the moped is designed to carry 2 persons;
any moped designed for 2 persons must be equipped with a
passenger seat and footrests for use of a passenger.
(b) The provisions of Article XV shall be applicable to the operation
of mopeds, except for those provisions which by their nature
can have no application to mopeds.
(Source: P.A. 96-554, eff. 1-1-10.)
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(625 ILCS 5/11-1403.2) (from Ch. 95 1/2, par. 11-1403.2)
(Text of Section before amendment by P.A. 103-706)
Sec. 11-1403.2. Operating a motorcycle, motor driven cycle, or moped on one wheel; aggravated operating a motorcycle, motor driven cycle, or moped on one wheel. (a) No person shall operate a motorcycle, motor driven
cycle, or moped on one wheel.
(b) Aggravated operating a motorcycle, motor driven cycle, or moped on one wheel. A person commits aggravated operating a motorcycle, motor driven cycle, or moped on one wheel when he or she violates subsection (a) of this Section while committing a violation of subsection (b) of Section 11-601 of this Code. A violation of this subsection is a petty offense with a minimum fine of $100, except a second conviction of a violation of this subsection is a Class B misdemeanor and a third or subsequent conviction of a violation of this subsection is a Class A misdemeanor.(Source: P.A. 96-554, eff. 1-1-10; 97-743, eff. 1-1-13.)
(Text of Section after amendment by P.A. 103-706) Sec. 11-1403.2. Operating a motorcycle, motor driven cycle, or moped on one wheel; aggravated operating a motorcycle, motor driven cycle, or moped on one wheel. (a) No person shall operate a motorcycle, motor driven cycle, or moped on one wheel. (b) Aggravated operating a motorcycle, motor driven cycle, or moped on one wheel. A person commits aggravated operating a motorcycle, motor driven cycle, or moped on one wheel when he or she violates subsection (a) of this Section while committing a violation of subsection (b) of Section 11-601 or Section 11-601.5 of this Code. A violation of this subsection is a petty offense with a minimum fine of $100, except a second conviction of a violation of this subsection is a Class B misdemeanor and a third or subsequent conviction of a violation of this subsection is a Class A misdemeanor.(Source: P.A. 103-706, eff. 1-1-25.) |
(625 ILCS 5/11-1403.3) (from Ch. 95 1/2, par. 11-1403.3)
Sec. 11-1403.3.
Intercom helmets.
Any driver of a vehicle defined in
Section 1-145.001, 1-147, or 1-148.2 of this Code may use a
helmet
equipped with
an electronic intercom system permitting 2-way vocal communication with
drivers of any such vehicles or passengers on such vehicles.
(Source: P.A. 90-89, eff. 1-1-98.)
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(625 ILCS 5/11-1404) (from Ch. 95 1/2, par. 11-1404)
Sec. 11-1404. Special equipment for persons riding motorcycles, motor
driven cycles or mopeds.
(a) The operator of a motorcycle, motor
driven cycle or moped and every passenger thereon shall be
protected by glasses, goggles or a transparent shield.
(b) For the purposes of this Section, glasses, goggles, and transparent
shields are defined as follows:
"Glasses" means ordinary eye pieces such as spectacles or sunglasses worn
before the eye, made of shatter-resistant material.
Shatter-resistant material, as used in this Section, means material so
manufactured, fabricated, or
created that it substantially prevents shattering or flying when struck or
broken.
"Goggles" means a device worn before the eyes, the predominant function of
which is protecting the eyes without obstructing peripheral vision. Goggles
shall provide protection from the front and sides, and may or may not form a
complete seal with the face.
"Transparent shield" means a windshield attached to the front of a motorcycle
that extends above the eyes when an operator is seated in the normal, upright
riding position, made of shatter-resistant material, or a shatter-resistant
protective face shield that covers the wearer's eyes and face at least to a
point approximately to the tip of the nose.
(c) Contact lenses are not acceptable eye protection devices.
(Source: P.A. 96-554, eff. 1-1-10.)
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(625 ILCS 5/11-1405) (from Ch. 95 1/2, par. 11-1405)
Sec. 11-1405.
Required equipment on motorcycles.
Any motorcycle carrying a passenger, other than in a sidecar or enclosed
cab, shall be equipped with footrests for such passenger.
(Source: P.A. 84-602.)
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(625 ILCS 5/11-1406) (from Ch. 95 1/2, par. 11-1406)
Sec. 11-1406.
Obstruction of driver's view or driving mechanism.
(a) No person shall drive a vehicle when it is so loaded, or when there
are in the front seat such a number of persons, exceeding three, as to obstruct
the view of
the driver to the front or sides of the vehicle or as to interfere with the
driver's control over the driving mechanism of the vehicle.
(b) No passenger in a vehicle or streetcar shall ride in such position as
to interfere with the driver's or motorman's view ahead or to the sides, or
to interfere with his control over the driving mechanism of the vehicle or
streetcar.
(c) No passenger on a school bus may ride or stand in a position as to
interfere with the driver's view ahead or to the side or to the rear, or to
interfere with his control of the driving mechanism of the bus.
(Source: P.A. 79-1069.)
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(625 ILCS 5/11-1407) (from Ch. 95 1/2, par. 11-1407)
Sec. 11-1407.
Opening and closing vehicle doors.
No person shall open the door of a vehicle on the side available to
moving traffic unless and until it is reasonably safe to do so, and can be
done without interfering with the movement of other traffic, nor shall any
person leave a door open on the side of a vehicle available to moving
traffic for a period of time longer than necessary to load or unload
passengers.
(Source: P.A. 79-1069.)
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(625 ILCS 5/11-1408) (from Ch. 95 1/2, par. 11-1408)
Sec. 11-1408. Riding in towed vehicles. No person or persons shall occupy
a trailer, semitrailer, farm wagon, or any other vehicle while it is being towed upon a public highway, unless: (1) the occupancy of the towed vehicle is necessary | ||
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(2) the speed of the vehicle does not exceed 15 miles | ||
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(3) the speed of the vehicle does not exceed 15 miles | ||
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(Source: P.A. 97-17, eff. 1-1-12.)
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(625 ILCS 5/11-1409) (from Ch. 95 1/2, par. 11-1409)
Sec. 11-1409.
Driving on mountain highways.
The driver of a motor vehicle traveling through defiles or canyons or on
mountain highways shall hold such motor vehicle under control and as near
the right-hand edge of the roadway as reasonably possible and,
except when driving entirely to the right of the center of the roadway,
shall give audible warning with the horn of such
motor vehicle upon approaching any curve where the view is obstructed within
a distance of 200 feet along the highway.
(Source: P.A. 79-1069.)
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(625 ILCS 5/11-1410) (from Ch. 95 1/2, par. 11-1410)
Sec. 11-1410.
Coasting prohibited.
(a) The driver of any motor vehicle when traveling upon a down grade shall
not coast with the gears or transmission of such vehicle in neutral.
(b) The driver of a truck or bus when traveling
upon a down grade shall not coast with the clutch disengaged.
(Source: P.A. 79-1069.)
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(625 ILCS 5/11-1411) (from Ch. 95 1/2, par. 11-1411)
Sec. 11-1411.
Following fire apparatus prohibited.
The driver of any vehicle other than one on official business shall not
follow any fire apparatus traveling in response to a fire alarm closer than
500 feet or stop such vehicle within 500 feet of any fire
apparatus stopped in answer to a fire alarm.
(Source: P.A. 79-1069.)
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(625 ILCS 5/11-1412) (from Ch. 95 1/2, par. 11-1412)
Sec. 11-1412.
Crossing fire hose.
No vehicle shall be driven over any unprotected hose of a fire
department when laid down on any street, private road or driveway to be
used at any fire or alarm of fire, without the consent of the fire
department official in command.
(Source: P.A. 76-1736.)
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(625 ILCS 5/11-1412.1) (from Ch. 95 1/2, par. 11-1412.1)
Sec. 11-1412.1.
Driving upon sidewalk.
No person shall drive any vehicle
upon a sidewalk or
sidewalk area except upon a permanent or duly authorized temporary
driveway. This Section does not apply to any vehicle moved exclusively
by human power, to any electric personal assistive mobility device, nor to
any motorized wheelchair.
Nothing in this Section shall be deemed to limit
or preempt the authority of any home rule or non-home rule unit of local
government from regulating or prohibiting the use of electric personal
assistive mobility devices.
(Source: P.A. 92-868, eff. 6-1-03.)
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(625 ILCS 5/11-1412.2)
Sec. 11-1412.2.
Operating an electric personal assistive mobility device
on a public sidewalk. A person may not operate an electric personal assistive
mobility device upon a public sidewalk at a speed greater than 8 miles per
hour.
Nothing in this Section shall be deemed to limit or preempt the authority of
any home rule or non-home rule unit of local government from regulating or
prohibiting the use of electric personal assistive mobility devices.
(Source: P.A. 92-868, eff. 6-1-03.)
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(625 ILCS 5/11-1412.3) Sec. 11-1412.3. Ownership and operation of a mobile carrying device. (a) A mobile carrying device may be operated on a sidewalk or crosswalk so long as all of the following requirements are met: (1) the mobile carrying device is operated in | ||
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(2) a personal property owner is actively monitoring | ||
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(3) the mobile carrying device is equipped with a | ||
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(b) A mobile carrying device operator may not do any of
the following: (1) fail to comply with traffic or pedestrian control | ||
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(2) unreasonably interfere with pedestrians or | ||
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(3) transport a person; or (4) operate on a street or highway, except when | ||
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(c) A mobile carrying device operator has the rights and obligations applicable to a pedestrian under the same circumstances, and shall ensure that a mobile carrying device shall yield the right-of-way to a pedestrian on a sidewalk or within a crosswalk. (d) A personal property owner may not utilize a mobile carrying device to transport hazardous materials. (e) A personal property owner may not utilize a mobile
carrying device unless the person complies with this Section. (f) A mobile carrying device operator that is not a natural person shall register with the Secretary of State. (g) No contract seeking to exempt a mobile carrying device operator from liability for injury, loss, or death caused by a mobile carrying device shall be valid, and contractual provisions limiting the choice of venue or forum, shortening the statute of limitations, shifting the risk to the user, limiting the availability of class actions, or obtaining judicial remedies shall be invalid and unenforceable. (h) A violation of this Section is a petty offense.
(Source: P.A. 101-123, eff. 7-26-19; 102-558, eff. 8-20-21.) |
(625 ILCS 5/11-1413) (from Ch. 95 1/2, par. 11-1413)
Sec. 11-1413.
Depositing material on highway prohibited.
(a) No person shall throw, spill or deposit upon any highway any bottle,
glass, nails, tacks, wire, cans, or any litter (as defined in Section 3 of
the Litter Control Act).
(b) Any person who violates subsection (a) upon any highway shall
immediately remove such material or cause it to be removed.
(c) Any person removing a wrecked or damaged vehicle from a highway
shall remove any glass or other debris, except any hazardous substance as
defined in Section 3.215 of the Environmental Protection Act,
hazardous waste as defined in Section 3.220 of the Environmental
Protection Act, and potentially infectious medical waste as defined in Section
3.360 of the Environmental Protection Act, dropped upon the
highway from such vehicle.
(Source: P.A. 92-574, eff. 6-26-02.)
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(625 ILCS 5/11-1414) (from Ch. 95 1/2, par. 11-1414)
Sec. 11-1414. Approaching, overtaking, and passing school bus.
(a) The driver of a vehicle shall stop such vehicle before meeting or
overtaking, from either direction, any school bus stopped on a highway, roadway, private road, parking lot, school property, or at any other location, including, without limitation, a location that is not a highway or roadway for
the purpose of receiving or discharging pupils. Such stop is required before
reaching the school bus when there is in operation on the school
bus the visual signals as specified in Sections 12-803 and 12-805 of this
Code. The driver of the vehicle shall not proceed until the
school bus resumes motion or the driver of the vehicle is signaled by the
school bus driver to proceed or the visual signals are no longer actuated.
(b) The stop signal arm required by Section 12-803 of this Code shall
be extended after the school bus has come to a complete stop for the purpose of
loading or discharging pupils and shall be closed before the school bus
is placed in motion again. The stop signal arm shall
not be extended at any other time.
(c) The alternately flashing red signal lamps of an
8-lamp flashing signal system required by Section 12-805 of this Code
shall be actuated after the school bus has come to a complete stop for the
purpose of
loading or discharging pupils and shall be turned off before
the school bus is placed in motion again. The red signal
lamps shall not be actuated at any other time
except as provided in paragraph (d) of this Section.
(d) The alternately flashing amber signal lamps of an 8-lamp
flashing signal system required by Section 12-805 of this
Code shall be actuated continuously during not less than the last 100
feet traveled by the school bus before stopping for the purpose of loading
or discharging pupils within an urban area and during not less than
the last 200 feet traveled by the school
bus outside an urban area. The amber signal lamps shall remain actuated
until the school
bus is stopped. The amber signal lamps shall not be actuated at any other time.
(d-5) The alternately flashing head lamps permitted by Section 12-805 of
this Code may be operated while the alternately flashing red or amber signal
lamps required by that Section are actuated.
(e) The driver of a vehicle upon a highway having 4 or more lanes which
permits at least 2 lanes of traffic to travel in opposite directions need not
stop such vehicle upon meeting a school bus which is stopped in the opposing
roadway; and need not stop such vehicle when driving upon a controlled access
highway when passing a school bus traveling in either direction that is stopped
in a loading zone
adjacent to the surfaced or improved part of the controlled access
highway where pedestrians are not permitted to cross.
(f) Beginning with the effective date of this amendatory Act of 1985,
the Secretary of State shall suspend for a period of 3 months
the driving
privileges of any person convicted of a violation of subsection (a) of this
Section or a similar provision of a local ordinance; the Secretary shall
suspend for a period of one year the driving privileges of any person convicted
of a second or subsequent violation of subsection (a) of this Section or a
similar provision of a local ordinance if the second or subsequent violation
occurs within 5 years of a prior conviction for the same offense. In addition
to the suspensions authorized by this Section, any person convicted of
violating this Section or a similar provision of a local ordinance
shall be subject to a mandatory fine of $300 or, upon a second or subsequent
violation, $1,000, and community service in an amount set by the court.
The Secretary may also grant, for the duration of any
suspension issued under this subsection, a restricted driving permit
granting the privilege of driving a motor vehicle between the driver's
residence and place of employment or within other proper limits that the
Secretary of State shall find necessary to avoid any undue hardship. 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 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 the
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 designated driver remedial or rehabilitative program. Any
conviction for a violation of this subsection shall be included as an
offense for the purposes of determining suspension action under any other
provision of this Code, provided however, that the penalties provided under
this subsection shall be imposed unless those penalties imposed under other
applicable provisions are greater.
The owner of any vehicle alleged to have violated paragraph (a) of this
Section shall, upon appropriate demand by the State's Attorney or other
designated person acting in response to a signed complaint, provide
a written statement or deposition identifying the operator of the vehicle
if such operator was not the owner at the time of the alleged violation.
Failure to supply such information shall result in the suspension of the vehicle registration of the vehicle for a period of 3 months. In the event the owner has assigned control for the use
of the vehicle to another, the person to whom control was assigned shall
comply with the provisions of this paragraph and be subject to the same
penalties as herein provided.
(Source: P.A. 101-55, eff. 1-1-20; 102-859, eff. 1-1-23.)
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(625 ILCS 5/11-1414.1) (from Ch. 95 1/2, par. 11-1414.1)
Sec. 11-1414.1. School transportation of students.
(a) Every student enrolled in grade 12 or below in any entity listed in subsection (a) of Section 1-182 of this Code must be transported in a school bus or a vehicle described in subdivision (1) or (2) of subsection (b) of Section 1-182 of this Code for any curriculum-related school activity, except a student in any of grades 9 through 12 or a student in any of grades K through 12 with an Individualized Education Plan (IEP) with a staff to student ratio of 1 to 5, and attending Acacia Academy, Alexander Leigh, Marklund, Helping Hands Center, Connections Organization, Soaring Eagle Academy, or New Horizon Academy may be transported in a multi-function school activity bus (MFSAB) as defined in Section 1-148.3a-5 of this Code for any curriculum-related activity except for transportation on regular bus routes from home to school or from school to home, subject to the following conditions: (i) A MFSAB may not be used to transport students | ||
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(ii) The use of a MFSAB under this Section is subject | ||
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"Curriculum-related school activity" as used in this subsection (a) includes transportation from home to school or from school to home, tripper or shuttle service between school attendance centers, transportation to a vocational or career center or other trade-skill development site or a regional safe school or other school-sponsored alternative learning program, or a trip that is directly related to the regular curriculum of a student for which he or she earns credit.
(b) Every student enrolled in grade 12 or below in any entity listed in subsection (a) of Section 1-182 of this Code who is transported in a vehicle that is being operated by or for a public or private primary or secondary school, including any primary or secondary school operated by a religious institution, for an interscholastic, interscholastic-athletic, or school-sponsored, noncurriculum-related activity that (i) does not require student participation as part of the educational services of the entity and (ii) is not associated with the students' regular class-for-credit schedule shall transport students only in a school bus or vehicle described in subsection (b) of Section 1-182 of this Code. A student participating in an agrarian-related activity may also be transported in a second division pick-up truck registered under paragraph 7 of subsection (b) of Section 3-808.1. For purposes of this subsection, "pick-up truck" means a truck weighing 12,000 pounds or less with an enclosed cabin that can seat up to 6 passengers with seatbelts, including the driver, and an open cargo area. This subsection (b) does not apply to any second division vehicle used by an entity listed in subsection (a) of Section 1-182 of this Code for a parade, homecoming, or a similar noncurriculum-related school activity.
(Source: P.A. 102-544, eff. 8-20-21.)
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(625 ILCS 5/11-1415) (from Ch. 95 1/2, par. 11-1415)
Sec. 11-1415.
School buses stopping, loading
and discharging passengers on one-way roadways on highways having 4
or more lanes. (a) A school bus traveling on a one-way roadway
or a highway having 4 or more lanes for vehicular traffic shall stop for
the loading or discharging of passengers only on the right side of the
highway. If the highway has 4 or more lanes and permits traffic to operate
in both directions, the school bus shall load or discharge only those
passengers whose residences are located
to the right of the highway.
The routes of school buses shall be so arranged that no child shall be
required to cross a highway of 4 or more lanes
to board a school bus or to reach such child's residence after
leaving the school bus. A school child in an urban area shall cross
a highway only at a crossing for pedestrians, except as provided in paragraph
(b) of this Section.
(b) With respect to school children crossing a highway at other than
a pedestrian crossing, this Section shall not apply when children are
escorted or controlled by competent persons designated by the school
authorities or by police officers.
(Source: P.A. 83-905.)
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(625 ILCS 5/11-1416) (from Ch. 95 1/2, par. 11-1416)
Sec. 11-1416.
Obstructing person in highways.
No person shall wilfully and unnecessarily hinder, obstruct
or delay, or wilfully and unnecessarily attempt to delay,
hinder or obstruct any other person in lawfully driving or traveling
along or upon any highway within this State or offer for
barter or sale merchandise on said highway so as to interfere with the
effective movement of traffic.
(Source: P.A. 80-911.)
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(625 ILCS 5/11-1417) (from Ch. 95 1/2, par. 11-1417)
Sec. 11-1417.
Travel regulated.
It shall be unlawful for any person to drive or cause to be driven a
vehicle of any description in or upon any portion of the highway
immediately after the same has been dragged and before such portion of the
highway shall have partially dried out or frozen; provided, that nothing in
this Section shall apply in those instances where it is impossible to drive
with safety at one side of said dragged portion of the road, or where a
vehicle does not make a rut on such dragged portion of the road, injurious
to the work accomplished by use of the road drag or where a vehicle does
not make a rut nearer than nine (9) feet from the center of the dragged
portion of the road.
(Source: P.A. 76-1586.)
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(625 ILCS 5/11-1418) (from Ch. 95 1/2, par. 11-1418)
Sec. 11-1418.
Farm tractor operation regulated.
No person shall operate a farm tractor on a highway unless the
tractor
is being used as an implement of husbandry in connection with farming
operations.
For the purpose of this Section, use of a farm tractor as an implement
of husbandry in connection with farming operations shall be deemed to
include use of the tractor in connection with the transportation
of
agricultural products and of farm machinery, equipment and supplies as well
as transportation of the implement of husbandry from its place of purchase to
its place
of storage, in connection with the obtaining of
repairs of the implement of husbandry, and the towing of a
registered
truck not more than 8,000
pounds for use as return transportation after the tractor is left at the
place of work or repair.
(Source: P.A. 87-1028.)
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(625 ILCS 5/11-1419)
Sec. 11-1419. (Repealed).
(Source: P.A. 84-1308. Repealed by P.A. 98-512, eff. 1-1-14.)
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(625 ILCS 5/11-1419.01) (from Ch. 95 1/2, par. 11-1419.01)
Sec. 11-1419.01. Operating without a valid single trip permit. If a single
trip permit is
required by Section 13a.5 of the
Motor Fuel Tax Law, a motor carrier shall not operate in
Illinois without a single
trip permit issued by the Department of Revenue or its agents.
If a
commercial motor vehicle is found operating in Illinois without displaying a
required valid single trip permit, the operator is guilty of a petty
offense as provided in Section 13a.6 of the Motor Fuel Tax Law.
(Source: P.A. 94-1074, eff. 12-26-06.)
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(625 ILCS 5/11-1419.02) (from Ch. 95 1/2, par. 11-1419.02)
Sec. 11-1419.02. Failure to display a valid motor fuel use tax license.
(a) If required by Section 13a.4 of the Motor Fuel Tax Law,
every valid motor
fuel use tax license, or an authorized reproduction, shall at all times be
carried in the cab of the vehicle. The operator shall display the license or
reproduction upon
demand of a police officer or agent of the Department of Revenue. An operator
who
fails to display a valid motor fuel use tax license is guilty of a petty
offense as provided in Section 13a.6 of the Motor Fuel Tax Law.
(b) As used in this Section:
"Display" means the
manual surrender of
the motor fuel use tax license into the hands of the demanding officer or agent
for inspection.
"Motor fuel use tax license" means a motor
fuel
use tax license issued by the Department of Revenue or by any member
jurisdiction under
the International Fuel Tax Agreement, or a valid 30 day International Fuel Tax
Agreement temporary permit.
(Source: P.A. 94-1074, eff. 12-26-06.)
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(625 ILCS 5/11-1419.03)
Sec. 11-1419.03. Failure to Display Valid External Motor Fuel Use Tax
Decals.
(a) Except as provided in the Motor Fuel Tax Law, a
motor carrier
shall not operate or cause to be operated a commercial motor vehicle upon
the
highways of this State unless there is properly affixed to that commercial
vehicle 2 valid external motor use tax decals required by
Section 13a.4 of the Motor Fuel Tax Law. An operator who operates a commercial
motor
vehicle without 2 properly displayed valid external motor
fuel use tax decals is guilty of a petty offense as provided in Section 13a.6
of the Motor Fuel Tax Law. A valid 30-day International
Fuel Tax Agreement temporary permit may be displayed instead of decals during
the temporary period specified on the permit.
(b) As used in this Section:
"Properly displayed" means 2
motor fuel use tax decals, one placed on each side of the exterior
of the cab. In the case of transporters, manufacturers,
dealers, or
driveaway operations, the decals need not be permanently
affixed but may be
temporarily displayed in a visible manner on the exterior sides of the cab.
"Commercial motor vehicle" means a motor
vehicle used, designed, or maintained for the transportation of people or
property and either having 2 axles and a gross vehicle weight or registered
gross vehicle weight exceeding 26,000 pounds or 11,793 kilograms, or having
3 or more axles regardless of weight, or that is used in combination, when
the weight of the combination exceeds 26,000 pounds or 11,793 kilograms gross
vehicle weight or registered gross vehicle weight except for motor vehicles
operated by this State or the United States, recreational vehicles, school
buses, and commercial motor vehicles operated solely within this State for
which all motor fuel is purchased within this State.
"Motor carrier" means any
person who operates or causes to be operated any commercial motor vehicle on
any highway within this State.
(Source: P.A. 94-1074, eff. 12-26-06.)
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(625 ILCS 5/11-1419.04)
Sec. 11-1419.04.
Failure to carry a manifest.
Any person who acts as a
motor carrier and who fails to carry a manifest as provided in Section 5.5 of
the Motor Fuel Tax Law is guilty of a Class A misdemeanor. For each subsequent
offense, the person is guilty of a Class 4 felony.
(Source: P.A. 89-399, eff. 8-20-95.)
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(625 ILCS 5/11-1419.05)
Sec. 11-1419.05.
A motor carrier shall not operate or cause to be
operated a commercial motor vehicle upon the highways of this State with a
revoked motor fuel use tax license. Any person who operates a commercial
motor vehicle with a revoked motor fuel use tax license is guilty of a petty
offense as provided in Section 13a.6 of the Motor Fuel Tax Law.
When a commercial motor vehicle is found to be operating in Illinois
with a revoked motor fuel use tax license, the vehicle shall be placed out of
service and not allowed to operate in Illinois until the motor fuel use tax
license is reinstated.
(Source: P.A. 91-173, eff. 1-1-00.)
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(625 ILCS 5/11-1420) (from Ch. 95 1/2, par. 11-1420)
Sec. 11-1420. Funeral processions.
(a) Funeral processions have the right-of-way at intersections when
vehicles comprising such procession have their headlights and hazard lights lighted,
subject
to the following conditions and exceptions:
1. Operators of vehicles in a funeral procession | ||
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2. Operators of vehicles in a funeral procession | ||
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3. The operator of the leading vehicle in a funeral | ||
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(b) The operator of a vehicle not in the funeral procession shall not
drive his vehicle in the funeral procession except when authorized to do so
by a traffic officer or when such vehicle is an authorized emergency
vehicle giving audible or visible signal.
(c) Operators of vehicles not a part of a funeral procession may not
form a procession or convoy and have their headlights or hazard lights or both lighted
for the
purpose of securing the right-of-way granted by this Section to funeral
processions.
(d) The operator of a vehicle not in a funeral procession may overtake
and pass the vehicles in such procession if such overtaking and passing can
be accomplished without causing a traffic hazard or interfering with such
procession.
(e) The lead vehicle in the funeral procession may be equipped with a
flashing amber light which may be used only when such vehicle is used as a
lead vehicle in such procession. Vehicles comprising a funeral procession
may utilize funeral pennants or flags or windshield stickers or flashing
hazard warning signal flashers to identify
the individual vehicles in such a procession.
(f) In the absence of law enforcement traffic control assistance for a funeral procession, a funeral director or his or her designee may direct
traffic during a funeral procession. (Source: P.A. 96-859, eff. 1-12-10.)
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(625 ILCS 5/11-1421) (from Ch. 95 1/2, par. 11-1421)
Sec. 11-1421. Conditions for operating ambulances and rescue vehicles.
(a) No person shall operate an ambulance or rescue vehicle
in a manner not conforming to the motor vehicle laws
and regulations of this State or of any political subdivision of this State
as such laws and regulations apply to motor vehicles in
general, unless in compliance with the following conditions:
0.5. The operator of the ambulance or rescue vehicle | ||
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1. The person operating the ambulance shall be | ||
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2. The ambulance or rescue vehicle shall be equipped | ||
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3. The aforesaid siren and lamp or lamps shall be in | ||
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4. Whenever the ambulance or rescue vehicle is | ||
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5. The ambulance shall display registration plates | ||
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(a-5) The driver of an ambulance or rescue vehicle may proceed past a red traffic control signal or stop sign if the ambulance or rescue vehicle is making use of both the audible and visual signals meeting the requirement of this Section, but only after slowing down as necessary for safe operation. (b) The foregoing provisions do not relieve the driver of an ambulance
or rescue 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
resulting from the reckless disregard for the safety of others.
(Source: P.A. 103-484, eff. 1-1-24.)
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(625 ILCS 5/11-1422) (from Ch. 95 1/2, par. 11-1422)
Sec. 11-1422.
Illegal operation of an ambulance or rescue vehicle
- Penalty. A person who operates an ambulance or rescue vehicle
in violation of Section 11-1421 shall be subject to the
penalty prescribed by the applicable law, regulation or ordinance
of this State or any political subdivision thereof.
(Source: P.A. 83-831.)
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(625 ILCS 5/11-1423) (from Ch. 95 1/2, par. 11-1423)
Sec. 11-1423.
Passengers boarding or exiting a school bus.
(a) At all pick-up points where it is necessary for a school bus
passenger to cross the roadway to board the bus, the school bus driver
shall signal the awaiting passenger when it is safe to cross the roadway
ahead of the bus.
(b) At all discharge points where it is necessary for a school bus
passenger to cross the roadway, the school bus driver shall direct the
passenger to a point approximately 10 feet in front of the bus on the
shoulder and shall then signal the passenger when it is safe to cross the
roadway.
(Source: P.A. 78-1244.)
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(625 ILCS 5/11-1424) (from Ch. 95 1/2, par. 11-1424)
Sec. 11-1424.
Operation of a religious organization bus.
(a) No religious organization bus may be operated on any street or highway
unless all passengers, except for supervisory personnel, are seated in
seats permanently mounted to the vehicle, and the aisle of the bus is
kept clean and open.
(b) No religious organization bus may be operated on any street or
highway while carrying more than the manufacturer's rated passenger capacity
for such bus, or at a gross weight in excess of the chassis manufacturer's
gross
vehicle weight rating (GVWR) or gross axle weight rating (GAWR), or in
excess of the weight load ratings of the tires on such bus. For buses
or tires on which the manufacturer has not shown such ratings, by a
label, embossment, molding or equivalent means, the Department shall
provide, or assist in obtaining, the necessary ratings and may publish
such ratings.
(c) In loading or unloading passengers, the religious organization
bus driver shall stop the bus out of the lane of moving traffic at any
bus stop, officially designated as such by government authorities or in
a parking lane on the pavement of the highway or on the shoulder off of
the highway, if wide enough to permit the safe loading or unloading of
passengers. If, however, there is no such bus stop, parking lane or
shoulder within 50 feet of the residence or temporary residence of the
passenger transported or to be transported by the bus or within 50 feet
of the religious facility, the driver may stop the bus on the pavement
of the highway after activating unison amber warning lights for not
less than 200 feet before the bus is brought to a stop and while
passengers are being loaded or unloaded, or if the bus is equipped as a
school bus and meets the requirements of Article VIII of this Act, by
complying with the subsections (b), (c) and (d) of Section 11-1414.
(d) At all pickup points where it is necessary for a religious
organization bus passenger under the age of 12 years to cross the
roadway to board the bus, a responsible supervisor on the bus shall
personally escort the awaiting passenger when it is safe to cross the
roadway ahead of the bus.
(e) At all discharge points where it is necessary for a religious
organization bus passenger under the age of 12 to cross the roadway, a
responsible supervisor on the bus shall personally escort the passenger
to a point approximately 10 feet in front of the bus on the shoulder and
then, when it is safe to cross the roadway, across the roadway to a
place of safety.
(f) If a school bus is used by a religious organization bus for the
purposes specified in subsection (a) of Section 1-111.1a and
activates
the visual signals as required by subsections (b), (c) and (d) of
Section 11-1414 when picking up or discharging passengers, compliance
with subsections (d) and (e) of this Section is optional.
(Source: P.A. 90-89, eff. 1-1-98.)
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(625 ILCS 5/11-1425) (from Ch. 95 1/2, par. 11-1425)
Sec. 11-1425. Stop when traffic obstructed.
(a) No driver shall enter an
intersection or a marked crosswalk or drive onto any railroad grade
crossing unless there is sufficient space on the other side of the
intersection, crosswalk or railroad grade crossing to accommodate the
vehicle he is operating without obstructing the passage of other
vehicles, pedestrians or railroad trains notwithstanding any
traffic-control signal indication to proceed.
(b) No driver shall enter a highway rail grade crossing unless there is
sufficient space on
the other side of the highway rail grade crossing to accommodate the vehicle
being
operated without obstructing the passage of a train or other railroad equipment
using the
rails, notwithstanding any traffic-control signal indication to proceed.
(b-5) No driver operating a commercial motor vehicle, as defined in Section 6-500 of this Code, shall enter a highway rail grade crossing unless there is sufficient space on the other side of the highway rail grade crossing to accommodate the vehicle being operated without obstructing the passage of a train or other railroad equipment using the rails, notwithstanding any traffic-control signal indication to proceed. (c) (Blank).
(d) Beginning with the effective date of this amendatory Act of the 95th General Assembly,
the Secretary of State shall suspend for a period of one month
the driving
privileges of any person convicted of a violation of subsection (b) of this
Section or a similar provision of a local ordinance; the Secretary shall
suspend for a period of 3 months the driving privileges of any person convicted
of a second or subsequent violation of subsection (b) of this Section or a
similar provision of a local ordinance if the second or subsequent violation
occurs within 5 years of a prior conviction for the same offense. In addition
to the suspensions authorized by this Section, any person convicted of
violating subsection (b) of this Section or a similar provision of a local ordinance
shall be subject to a mandatory fine of $500 or 50 hours of community service. Any person given a disposition of court supervision for violating subsection (b) of this Section or a similar provision of a local ordinance shall also be subject to a mandatory fine of $500 or 50 hours of community service. Upon a second or subsequent
violation, in addition to the suspensions authorized by this Section, the person shall be subject to a mandatory fine of $500 and 50 hours community service.
The Secretary may also grant, for the duration of any
suspension issued under this subsection, a restricted driving permit
granting the privilege of driving a motor vehicle between the driver's
residence and place of employment or within other proper limits that the
Secretary of State shall find necessary to avoid any undue hardship. 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 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 the
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 designated driver remedial or rehabilitative program. Any
conviction for a violation of this subsection shall be included as an
offense for the purposes of determining suspension action under any other
provision of this Code, provided however, that the penalties provided under
this subsection shall be imposed unless those penalties imposed under other
applicable provisions are greater.
(Source: P.A. 103-179, eff. 6-30-23.)
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(625 ILCS 5/11-1426)
Sec. 11-1426. (Repealed).
(Source: P.A. 95-575, eff. 8-31-07. Repealed by P.A. 96-279, eff. 1-1-10.)
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(625 ILCS 5/11-1426.1) Sec. 11-1426.1. Operation of non-highway vehicles on streets, roads, and highways. (a) As used in this Section, "non-highway vehicle" means a motor vehicle not specifically designed to be used on a public highway, including: (1) an all-terrain vehicle, as defined by Section | ||
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(2) a golf cart, as defined by Section 1-123.9; (3) an off-highway motorcycle, as defined by Section | ||
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(4) a recreational off-highway vehicle, as defined by | ||
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(b) Except as otherwise provided in this Section, it is unlawful
for any person to drive or operate a non-highway vehicle
upon any street, highway, or roadway in this State. If the operation of a non-highway vehicle is authorized under subsection (d), the non-highway vehicle may be operated only on streets where the posted speed limit is 35 miles per hour or less. This subsection (b) does not prohibit a non-highway vehicle from crossing a road or street at an intersection where the road or street has a posted speed limit of more than 35 miles per hour. (b-5) A person may not operate a non-highway vehicle upon any street, highway, or roadway in this State unless he or she has a valid driver's license issued in his or her name by the Secretary of State or by a foreign jurisdiction. (c) No person operating a non-highway vehicle shall make a direct crossing upon or across any tollroad,
interstate highway, or controlled access highway in this State. No person operating a non-highway vehicle shall make a direct crossing upon or across any other highway under the jurisdiction of the State except at an intersection of the highway with another public street, road, or highway. (c-5) (Blank). (d) A municipality, township, county, or other unit of local government may authorize, by ordinance or resolution, the operation of non-highway vehicles on roadways under its jurisdiction if the unit of local government determines that the public safety will not be jeopardized. The Department may authorize
the operation of non-highway vehicles on the roadways under its jurisdiction if the Department determines that the public safety will not be jeopardized. The unit of local government or the Department may restrict the types of non-highway vehicles that are authorized to be used on its streets. Before permitting the operation of non-highway vehicles on its roadways,
a municipality, township, county, other unit of local government, or the Department must consider the volume, speed, and character of traffic on the roadway and determine whether non-highway vehicles may safely travel on or cross the roadway. Upon determining that non-highway vehicles may safely operate on a roadway and the adoption of an ordinance or resolution by a municipality, township, county, or other unit of local government, or authorization by the Department, appropriate signs shall be posted. If a roadway is under the jurisdiction of more than one unit of government, non-highway vehicles may not be operated on the roadway unless each
unit of government agrees and takes action as provided in this subsection. (e) No non-highway vehicle may be operated on a roadway unless, at a minimum, it has
the following: brakes, a steering apparatus, tires, a rearview mirror, red reflectorized warning devices in the front and rear, a slow moving emblem (as required of other vehicles in Section 12-709 of this Code) on the rear of the non-highway vehicle, a headlight that emits a white light visible from a distance of 500 feet to the front, a tail lamp that emits a
red light visible from at least 100 feet from the rear, brake lights, and turn signals. When operated on a roadway, a non-highway vehicle shall have its headlight and tail lamps lighted as required by Section 12-201 of this Code. (f) A person who drives or is in actual physical control of a non-highway vehicle on a roadway while under the influence is subject to Sections 11-500 through 11-502 of this Code. (g) Any person who operates a non-highway vehicle on a street, highway, or roadway shall be subject to the mandatory insurance requirements under Article VI of Chapter 7 of this Code. (h) It shall not be unlawful for any person to drive or operate a non-highway vehicle, as defined in paragraphs (1) and (4) of subsection (a) of this Section, on a county roadway or township roadway for the purpose of conducting farming operations to and from the home, farm, farm buildings, and any adjacent or nearby farm land. Non-highway vehicles, as used in this subsection (h), shall not be subject to subsections (e) and (g) of this Section. However, if the non-highway vehicle, as used in this Section, is not covered under a motor vehicle insurance policy pursuant to subsection (g) of this Section, the vehicle must be covered under a farm, home, or non-highway vehicle insurance policy issued with coverage 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. Non-highway vehicles operated on a county or township roadway at any time between one-half hour before sunset and one-half hour after sunrise must be equipped with head lamps and tail lamps, and the head lamps and tail lamps must be lighted. Non-highway vehicles, as used in this subsection (h), shall not make a direct crossing upon or across any tollroad, interstate highway, or controlled access highway in this State. Non-highway vehicles, as used in this subsection (h), shall be allowed to cross a State highway, municipal street, county highway, or road district highway if the operator of the non-highway vehicle makes a direct crossing provided: (1) the crossing is made at an angle of approximately | ||
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(2) the non-highway vehicle is brought to a complete | ||
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(3) the operator of the non-highway vehicle yields | ||
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(4) that when crossing a divided highway, the | ||
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(i) No action taken by a unit of local government under this Section designates the operation of a non-highway vehicle as an intended or permitted use of property with respect to Section 3-102 of the Local Governmental and Governmental Employees Tort Immunity Act. (Source: P.A. 97-144, eff. 7-14-11; 98-567, eff. 1-1-14.) |
(625 ILCS 5/11-1426.2) Sec. 11-1426.2. Operation of low-speed vehicles on streets. (a) Except as otherwise provided in this Section, it is lawful for any person to drive or operate a low-speed vehicle upon any street in this State where the posted speed limit is 30 miles per hour or less. (b) Low-speed vehicles may cross a street at an intersection where the street being crossed has a posted speed limit of not more than 45 miles per hour. Low-speed vehicles may not cross a street with a speed limit in excess of 45 miles per hour unless the crossing is at an intersection controlled by a traffic light or 4-way stop sign. (c) The Department of Transportation or a municipality, township, county, or other unit of local government may prohibit, by regulation, ordinance, or resolution, the operation of low-speed vehicles on streets under its jurisdiction where the posted speed limit is 30 miles per hour or less if the Department of Transportation or unit of local government determines that the public safety would be jeopardized. (d) Upon determining that low-speed vehicles may not safely operate on a street, and upon the adoption of an ordinance or resolution by a unit of local government, or regulation by the Department of Transportation, the operation of low-speed vehicles may be prohibited. The unit of local government or the Department of Transportation may prohibit the operation of low-speed vehicles on any and all streets under its jurisdiction. Appropriate signs shall be posted in conformance with the State Manual on Uniform Traffic Control Devices adopted pursuant to Section 11-301 of this Code. (e) If a street is under the jurisdiction of more than one unit of local government, or under the jurisdiction of the Department of Transportation and one or more units of local government, low-speed vehicles may be operated on the street unless each unit of local government and the Department of Transportation agree and take action to prohibit such operation as provided in this Section. (e-5) A unit of local government may, by ordinance or resolution, authorize the operation of low-speed vehicles on one or more streets under its jurisdiction that have a speed limit of more than 30 miles per hour but not greater than 35 miles per hour. Before authorizing the operation of low-speed vehicles on any street under this subsection (e-5), the unit of local government must consider the volume, speed, and character of traffic on the street and determine whether low-speed vehicles may travel safely on that street. If a street is under the jurisdiction of more than one unit of government, low-speed vehicles may not be operated on the street under this subsection (e-5) unless each unit of government agrees and takes action as provided in this subsection. Upon the adoption of an ordinance authorizing low-speed vehicles under this subsection (e-5), appropriate signs shall be posted. (f) No low-speed vehicle may be operated on any street unless, at a minimum, it has the following: a parking brake, a steering apparatus, tires, a windshield that conforms to the federal vehicle safety standards on glazing materials as set forth in 49 CFR part 571.205, a vehicle identification number, seat belts, a rearview mirror, an exterior rearview mirror mounted on the driver's side of the vehicle, red reflectorized warning devices on each rear side and one on the center rear of the vehicle, a headlight that emits a white light visible from a distance of 500 feet to the front, a tail lamp that emits a red light visible from at least 100 feet from the rear, brake lights, and front and rear turn signals. When operated on a street, a low-speed vehicle shall have its headlight and tail lamps lighted as required by Section 12-201 of this Code. (g) A person may not operate a low-speed vehicle upon any street in this State unless he or she has a valid driver's license issued in his or her name by the Secretary of State or a foreign jurisdiction. (h) The operation of a low-speed vehicle upon any street is subject to the provisions of Chapter 11 of this Code concerning the Rules of the Road, and applicable local ordinances. (i) Every owner of a low-speed vehicle is subject to the mandatory insurance requirements specified in Article VI of Chapter 7 of this Code. (j) Any person engaged in the retail sale of low-speed vehicles are required to comply with the motor vehicle dealer licensing, registration, and bonding laws of this State, as specified in Sections 5-101 and 5-102 of this Code. (k) No action taken by a unit of local government under this Section designates the operation of a low-speed vehicle as an intended or permitted use of property with respect to Section 3-102 of the Local Governmental and Governmental Employees Tort Immunity Act. (l) Every owner of a low-speed vehicle which may be operated upon a highway shall secure a certificate of title and display valid registration. (Source: P.A. 99-401, eff. 1-1-16.) |
(625 ILCS 5/11-1427)
Sec. 11-1427.
Illegal operation of an all-terrain vehicle
or off-highway motorcycle. It is unlawful for any person to drive
or operate any all-terrain vehicle or off-highway motorcycle in the following
ways:
(a) Careless Operation. No person shall operate any all-terrain vehicle
or off-highway motorcycle in a careless or heedless manner so as to be
grossly indifferent to the person or property of other persons, or at a
rate of speed greater than will permit him in the exercise of reasonable
care to bring the all-terrain vehicle or off-highway motorcycle to a stop
within the assured clear distance ahead.
(b) Reckless Operation. No person shall operate any all-terrain vehicle
or off-highway motorcycle in such a manner as to endanger the life, limb or
property of any person.
(c) Within any nature preserve as defined in Section 3.11 of the
Illinois Natural Areas Preservation Act.
(d) On the tracks or right of way of an operating railroad.
(e) In any tree nursery or planting in a manner which damages or
destroys growing stock, or creates a substantial risk thereto.
(f) On private property, without the written or verbal consent of the
owner or lessee thereof. Any person operating an all-terrain vehicle or off-highway
motorcycle upon lands of
another shall stop and identify himself upon the request of the
landowner or his duly authorized representative, and, if requested to do
so by the landowner shall promptly remove the all-terrain vehicle or
off-highway motorcycle from the premises.
(g) Notwithstanding any other law to the contrary, an owner, lessee,
or occupant of premises owes no duty of care to keep
the premises safe for entry or use by others for use by an all-terrain
vehicle or off-highway motorcycle, or to
give warning of any condition, use, structure or activity
on such premises.
This subsection does not apply where permission to drive or operate an
all-terrain vehicle or off-highway motorcycle
is given for a valuable consideration other than to this
State, any political subdivision or municipality of this State, or any
landowner
who is paid with funds from the Off-Highway Vehicle Trails Fund. In
the case of land leased to the State or a subdivision of the State, any
consideration received is not valuable consideration within the meaning of
this Section.
Nothing in this subsection limits in any way liability which
otherwise exists for willful or malicious failure to guard or warn against
a dangerous condition, use, structure, or activity.
(h) On publicly owned lands unless such lands are designated for use by
all-terrain vehicles or off-highway motorcycles.
For publicly owned lands to be designated for use by all-terrain vehicles
or off-highway motorcycles a public hearing shall be conducted by the
governmental entity that has jurisdiction over the proposed land
prior to the designation.
Nothing in this subsection limits in any way liability which
otherwise exists for willful or malicious failure to guard or warn against
a dangerous condition, use, structure, or activity.
(h-1) At a rate of speed too fast for conditions, and the fact that the
speed of the all-terrain vehicle or off-highway motorcycle does not exceed the
applicable maximum speed
limit allowed does not relieve the driver from the duty to decrease
speed as may be necessary to avoid colliding with any person, vehicle,
or object within legal requirements and the duty of all persons to use
due care.
(h-2) On the frozen surface of public waters of this State within 100
feet of a person, including a skater, not in or upon an
all-terrain vehicle or off-highway motorcycle; within
100 feet of a person engaged in fishing, except at the minimum speed
required to maintain forward movement of the all-terrain vehicle or off-highway
motorcycle; on an area
which has been cleared of snow for skating purposes unless the area is
necessary for access to the frozen waters of this State.
(h-3) Within 100 feet of a dwelling between midnight and 6 a.m. at a
speed greater than the minimum required to maintain forward movement of
the all-terrain vehicle or off-highway motorcycle. This subdivision (h-5) does
not
apply on private property
where verbal or written consent of the owner or lessee has been granted
to drive or operate an all-terrain vehicle or off-highway motorcycle upon the
private property or frozen waters of this State.
(i) Other Prohibitions.
(1) No person, except persons permitted by law, shall | ||
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(2) No person shall operate any all-terrain vehicle | ||
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(3) No person shall deposit from an all-terrain | ||
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(Source: P.A. 90-14, eff. 9-1-97; 90-287, eff. 1-1-98.)
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(625 ILCS 5/11-1427.1)
Sec. 11-1427.1.
Operation of an all-terrain vehicle or off-highway
motorcycle on ice. All-terrain vehicles and off-highway motorcycles
may be operated on the frozen waters of this State subject
to the provisions of this Section and the rules of the
Department of Natural Resources.
(Source: P.A. 90-287, eff. 1-1-98.)
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(625 ILCS 5/11-1427.2)
Sec. 11-1427.2.
Special all-terrain vehicle or off-highway motorcycle
event. Nothing contained in Section 11-1427 or 11-1427.1 shall be
construed to
prohibit any
local authority of this State from designating a special all-terrain vehicle or
off-highway motorcycle event.
In such case the provisions of Sections 11-1427 and 11-1427.1 shall
not apply
to
areas or
highways under the jurisdiction of that local authority.
(Source: P.A. 96-279, eff. 1-1-10.)
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(625 ILCS 5/11-1427.3)
Sec. 11-1427.3. Rules for all-terrain vehicles and off-highway
motorcycles.
The Department of Natural Resources may adopt rules to implement and
administer the provisions of Sections 11-1427, 11-1427.1, and
11-1427.2.
(Source: P.A. 96-279, eff. 1-1-10.)
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(625 ILCS 5/11-1427.4)
Sec. 11-1427.4.
Signal from officer to stop.
An all-terrain vehicle or
off-highway motorcycle operator, after having received a visual or audible
signal from a law enforcement officer to come to a stop, may not:
(1) operate an all-terrain vehicle or off-highway motorcycle in willful or
wanton disregard of the signal to stop;
(2) interfere with or endanger the law enforcement officer or another person
or vehicle; or
(3) increase speed or attempt to flee or elude the officer.
(Source: P.A. 90-287, eff. 1-1-98.)
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(625 ILCS 5/11-1427.5)
Sec. 11-1427.5. Recreational off-highway vehicles. All provisions of this Code that apply to an all-terrain vehicle shall apply the same to a recreational off-highway vehicle.
(Source: P.A. 96-428, eff. 8-13-09.) |
(625 ILCS 5/11-1428)
Sec. 11-1428. (Repealed).
(Source: P.A. 90-683, eff. 1-1-99. Repealed by P.A. 96-279, eff. 1-1-10.)
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(625 ILCS 5/11-1429) Sec. 11-1429. Excessive idling. (a) The purpose of this law is to protect public health and the environment by reducing emissions while conserving fuel and maintaining adequate rest and safety of all drivers of diesel vehicles. (b) As used in this Section, "affected areas" means the counties of Cook, DuPage, Lake, Kane, McHenry, Will, Madison, St. Clair, and Monroe and the townships of Aux Sable and Goose Lake in Grundy County and the township of Oswego in Kendall County. (c) A person that operates a motor
vehicle operating on diesel fuel in an affected area may not cause or allow the
motor vehicle, when it is not in motion, to idle for more than
a total of 10 minutes within any 60 minute period, except under the following circumstances:
(1) the motor vehicle has a Gross Vehicle Weight | ||
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(2) the motor vehicle idles while forced to remain | ||
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(3) the motor vehicle idles when operating | ||
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(4) a police, fire, ambulance, public safety, other | ||
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(5) the primary propulsion engine idles for | ||
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(6) a motor vehicle idles as part of a government | ||
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(7) when idling of the motor vehicle is required to | ||
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(8) an armored motor vehicle idles when a person | ||
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(9) a bus idles a maximum of 15 minutes in any 60 | ||
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(10) if the motor vehicle has a sleeping berth, when | ||
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(11) when the motor vehicle idles due to mechanical | ||
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(12) the motor vehicle is used as airport ground | ||
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(13) the motor vehicle is (i) a bus owned by a public | ||
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(14) the motor vehicle is an implement of husbandry | ||
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(15) the motor vehicle is owned by an electric | ||
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(16) the outdoor temperature is less than 32 degrees | ||
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(17) the motor vehicle idles while being operated by | ||
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(d) When the outdoor temperature is 32 degrees Fahrenheit or higher and 80 degrees Fahrenheit or lower, a person who operates a motor vehicle operating on diesel fuel in an affected area may not cause or allow the motor vehicle to idle for a period greater than 30 minutes in any 60 minute period while waiting to weigh, load, or unload cargo or freight, unless the vehicle is in a line of vehicles that regularly and periodically moves forward.
(e) This Section does not prohibit the operation of an auxiliary power unit or generator set as an alternative to idling the main engine of a motor vehicle operating on diesel fuel.
(f) This Section does not apply to the owner of a motor vehicle rented or leased to another entity or person operating the vehicle. (g) Any person convicted of any violation of this Section is guilty of
a petty offense and shall be fined $90 for the first
conviction and $500 for a second or subsequent conviction
within any 12 month period.
(h) Fines; distribution. All fines and all penalties collected under this Section shall be deposited in the State Treasury and shall be distributed as follows: (i) $50 for the first conviction and $150 for a second or subsequent conviction within any 12 month period under this Section shall be deposited into the State's General Revenue Fund; (ii) $20 for the first conviction and $262.50 for a second or subsequent conviction within any 12 month period under this Section shall be distributed to the law enforcement agency that issued the citation; and (iii) $20 for the first conviction and $87.50 for a second or subsequent conviction within any 12 month period under this Section shall be deposited into the Vehicle Inspection Fund. (i) (Blank). (j) Notwithstanding any other provision of this Section, a person who operates a motor vehicle with a gross vehicle weight rating of 8,000 pounds or more operating on diesel fuel on property that (i) offers paid parking services to vehicle owners, (ii) does not involve fuel dispensing, and (iii) is located in an affected area within a county of over 3 million residents but outside of a municipality of over 2 million residents may not cause or allow the motor vehicle, when it is not in motion, to idle for more than a total of 10 minutes within any 60-minute period under any circumstances if the vehicle is within 200 feet of a residential area. This Section may be enforced by either the law enforcement agency having jurisdiction over the residential area or the law enforcement agency having jurisdiction over the property on which the violation took place. This subsection does not apply to: (1) school buses; (2) waste hauling vehicles; (3) facilities operated by the Department of | ||
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(4) vehicles owned by a public utility and operated | ||
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(5) ambulances.(Source: P.A. 101-319, eff. 1-1-20; 102-1071, eff. 6-10-22.) |
(625 ILCS 5/11-1430) Sec. 11-1430. Vehicle immobilization and impoundment upon certification of the Department of Healthcare and Family Services. Any municipality may provide by ordinance for a program of vehicle immobilization and impoundment in cases in which the Department of Healthcare and Family Services has certified to the municipality under Section 10-17.13 of the Illinois Public Aid Code that the registered owner of a vehicle owes past due support. The program shall provide for immobilization of any eligible vehicle upon the public way by presence of a restraint in a manner to prevent operation of the vehicle and for subsequent towing and impoundment of such vehicle solely upon the certification of past due support by the Department of Healthcare and Family Services. Further process, hearings, or redetermination of the past due support by the municipality shall not be required under the ordinance. The ordinance shall provide that the municipality may terminate immobilization and impoundment of the vehicle if the registered owner has arranged for payment of past and current support obligations in a manner satisfactory to the Department of Healthcare and Family Services.
(Source: P.A. 95-685, eff. 10-23-07.) |
(625 ILCS 5/11-1430.1) Sec. 11-1430.1. Vehicle immobilization for failure to pay municipal vehicle tax violation liability. (a) A municipality may provide by ordinance for a program of vehicle immobilization to facilitate enforcement of municipal vehicle tax liability. The program of vehicle immobilization shall provide for immobilizing an eligible vehicle upon the public way by presence of a restraint in a manner to prevent operation of the vehicle. An ordinance establishing a program of vehicle immobilization under this Section shall include the following provisions: (1) A vehicle shall be eligible for immobilization | ||
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(2) The vehicle owner shall be provided with notice | ||
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(3) The vehicle owner shall have the right to a | ||
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(4) A post-immobilization and post-towing notice | ||
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(b) Judicial review of final determinations of vehicle tax violations and final administrative decisions issued after hearings regarding vehicle immobilization and impoundment made under this Section shall be subject to the Administrative Review Law. (c) A fine, penalty, or part thereof, remaining unpaid after the exhaustion of, or the failure to exhaust, administrative remedies and the conclusion of judicial review procedures shall be a debt due and owing the municipality and, as such, may be collected in accordance with applicable law. Payment in full of any fine or penalty resulting from a vehicle tax violation shall constitute a final disposition of that violation.
(Source: P.A. 97-937, eff. 8-10-12.) |
(625 ILCS 5/11-1431) Sec. 11-1431. Solicitations at crash or disablement scene prohibited. (a) A tower, as defined by Section 1-205.2 of this Code, or an employee or agent of a tower may not: (i) stop at the scene of a motor vehicle crash or at or near a damaged or disabled vehicle for the purpose of soliciting the owner or operator of the damaged or disabled vehicle to enter into a towing service transaction; or (ii) stop at the scene of a crash or at or near a damaged or disabled vehicle unless called to the location by a law enforcement officer, the Illinois Department of Transportation, the Illinois State Toll Highway Authority, a local agency having jurisdiction over the highway, the
owner or operator of the damaged or disabled vehicle, or the owner or operator's authorized agent, including his or her insurer or motor club of which the owner or operator is a member. This Section shall not apply to employees of the Department, the Illinois State Toll Highway Authority, or local agencies when engaged in their official duties. Nothing in this Section shall prevent a tower from stopping at the scene of a motor vehicle crash or at or near a
damaged or disabled vehicle if the owner or operator signals the tower for assistance from the location of the motor vehicle crash or damaged or disabled vehicle.
(b) A person or company who violates this Section is guilty of a Class 4 felony. 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-month suspension, 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 (b), his or her driver's license, permit, or privileges shall be suspended for an additional 6 months, and shall not be reinstated after the expiration of the 6-month suspension until he or she pays a reinstatement fee of $100. A vehicle owner, or his or her authorized agent or automobile insurer, may bring a claim against a company or person who willfully and materially violates this Section. A court may award the prevailing party reasonable attorney's fees, costs, and expenses relating to that action.(Source: P.A. 102-982, eff. 7-1-23.) |
(625 ILCS 5/11-1432) Sec. 11-1432. Prohibit smoking in a motor vehicle with a minor present. (a) For purposes of this Section: "Smoke" means to inhale, exhale, burn, or carry a lighted cigarette, cigar, pipe, weed, plant, regulated narcotic, or other combustible substance. "Vehicle" has the same meaning as defined in Section 1-217 of this Code and does not include motorcycles as defined in Section 1-147. (b) A person shall not smoke in a motor vehicle, whether it is in motion or at rest, if a person under 18 years of age is in the vehicle, regardless of whether the vehicle's windows are open. This subsection does not apply to a person who is the sole occupant of a vehicle. (c) A police officer may not stop or detain a motor vehicle or its driver nor inspect or search the vehicle, the contents of the vehicle, or the operator or passenger of the vehicle solely for a violation or suspected violation of this Section. (d) A violation of this Section is a petty offense punishable by a fine not to exceed $100 and, for a second or subsequent offense, a fine not to exceed $250.
(Source: P.A. 101-468, eff. 6-1-20.) |
(625 ILCS 5/Ch. 11 Art. XV heading) ARTICLE XV.
BICYCLES
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(625 ILCS 5/11-1501) (from Ch. 95 1/2, par. 11-1501)
Sec. 11-1501.
Application of rules.
(a) It is unlawful for any person to
do any act forbidden or fail to perform any act required in Article XV of
Chapter 11 of this Code.
(b) The parent of any child and the guardian of any ward shall not
authorize or knowingly permit any such child or ward to violate any of
the provisions of this Code.
(Source: P.A. 82-132.)
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(625 ILCS 5/11-1502) (from Ch. 95 1/2, par. 11-1502)
Sec. 11-1502. Traffic laws apply to persons riding
bicycles. Every person riding a bicycle upon a highway shall be
granted all of the rights, including, but not limited to, rights under Article IX of this Chapter, and shall be subject to all of
the duties applicable to the driver of a vehicle by this
Code, except as to special regulations in this Article XV
and those provisions of this Code which by their
nature can have no application.
(Source: P.A. 99-785, eff. 1-1-17.)
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(625 ILCS 5/11-1503) (from Ch. 95 1/2, par. 11-1503)
Sec. 11-1503.
Riding on bicycles.
(a) A person propelling a bicycle
shall not ride other than upon or astride a permanent and regular seat attached thereto.
(b) No bicycle shall be used to carry more persons at one time than the
number for which it is designed and equipped, except that an adult rider
may carry a child securely attached to his person in a back pack or sling.
(Source: P.A. 82-132.)
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(625 ILCS 5/11-1504) (from Ch. 95 1/2, par. 11-1504)
Sec. 11-1504.
Clinging to vehicles.
No person riding upon any bicycle,
coaster, roller skates,
sled or toy vehicle shall attach the same or himself to any vehicle upon a roadway.
(Source: P.A. 82-132.)
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(625 ILCS 5/11-1505) (from Ch. 95 1/2, par. 11-1505)
Sec. 11-1505. Position of bicycles and motorized pedal cycles on
roadways - Riding on roadways and bicycle paths.
(a) Any person operating a bicycle or motorized
pedal cycle upon a
roadway at less than the normal speed of traffic at the time and place and
under the conditions
then existing
shall ride as close as practicable and safe to the right-hand curb or edge of the
roadway except under the following situations:
1. When overtaking and passing another bicycle, | ||
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2. When preparing for a left turn at an intersection | ||
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3. When reasonably necessary to avoid conditions | ||
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4. When approaching a place where a right turn is | ||
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(b) Any person operating a bicycle or motorized pedal cycle upon a one-way
highway with two or
more marked traffic lanes may ride as near the left-hand curb or edge of
such roadway as practicable.
(Source: P.A. 97-813, eff. 7-13-12.)
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(625 ILCS 5/11-1505.1) (from Ch. 95 1/2, par. 11-1505.1)
Sec. 11-1505.1.
Persons riding bicycles or motorized pedal cycles upon
a roadway shall not ride more than 2 abreast, except on paths or parts of
roadways set aside for their exclusive use. Persons riding 2 abreast shall
not impede the normal and reasonable movement of traffic and, on a laned
roadway, shall ride within a single lane subject to the provisions of
Section 11-1505.
(Source: P.A. 83-549.)
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(625 ILCS 5/11-1506) (from Ch. 95 1/2, par. 11-1506)
Sec. 11-1506.
Carrying articles.
No person operating a bicycle shall
carry any package,
bundle or article which prevents the use of both hands in the control
and operation of the bicycle. A person operating a bicycle shall keep at
least one hand on the handlebars at all times.
(Source: P.A. 82-132.)
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(625 ILCS 5/11-1507) (from Ch. 95 1/2, par. 11-1507)
Sec. 11-1507. Lamps and other equipment on bicycles. (a) Every bicycle
when in use at nighttime shall be equipped with a
lamp on the front which shall emit a white light visible from a distance
of at least 500 feet to the front and with a red reflector on the rear
of a type approved by the Department which shall be visible from all
distances from 100 feet to 600 feet to the rear when directly in front
of lawful lower beams of headlamps on a motor vehicle, except that a lamp emitting
a steady or flashing red light visible from a distance of 500 feet to the rear may be used
in addition to or instead of the red reflector.
(b) A bicycle shall not be equipped with nor shall any person use
upon a bicycle any siren. This subsection (b) does not apply to a bicycle that is a police vehicle or fire department vehicle.
(c) Every bicycle shall be equipped with a brake which will
adequately control movement of and stop and hold such bicycle.
(d) No person shall sell a new bicycle or pedal for use on a bicycle
that is not equipped with a reflex reflector conforming to
specifications prescribed by the Department, on each pedal, visible from
the front and rear of the bicycle during darkness from a distance of 200
feet.
(e) No person shall sell or offer for sale a new bicycle that is not
equipped with side reflectors. Such reflectors shall be visible from
each side of the bicycle from a distance of 500 feet and shall be essentially
colorless or red to
the rear of the center of the bicycle and essentially colorless or amber
to the front of the
center of the bicycle provided. The requirements of this paragraph may
be met by reflective materials which shall be at least 3/16 of an inch
wide on each side of each tire or rim to indicate as clearly as possible
the continuous circular shape and size of the tires or rims of such
bicycle and which reflective materials may be of the same color on both
the front and rear tire or rim. Such reflectors shall conform to
specifications prescribed by the Department.
(f) No person shall sell or offer for sale a new bicycle that is not
equipped with an essentially colorless front-facing reflector.
(Source: P.A. 100-359, eff. 1-1-18.)
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(625 ILCS 5/11-1507.1) (from Ch. 95 1/2, par. 11-1507.1)
Sec. 11-1507.1. Lamps on mopeds. Every moped, when in use at nighttime, shall be equipped with a lamp on
the front which shall emit a white light visible from a distance of at
least 500 feet to the front, and with a red reflector on the rear of a
type approved by the Department which shall be visible from all
distances from 100 feet to 600 feet to the rear when in front of lawful,
low-powered beams of head lamps on a motor vehicle. A lamp emitting a
red light visible from a distance of 500 feet to the rear may be used in
addition to the red reflector.
(Source: P.A. 96-554, eff. 1-1-10.)
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(625 ILCS 5/11-1508) (from Ch. 95 1/2, par. 11-1508)
Sec. 11-1508.
Bicycle identifying number.
A person engaged in the business
of selling bicycles at retail shall not sell any bicycle unless the bicycle
has an identifying number permanently stamped or cast on its frame.
(Source: P.A. 82-132.)
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(625 ILCS 5/11-1509) (from Ch. 95 1/2, par. 11-1509)
Sec. 11-1509.
Inspecting bicycles.
A uniformed police officer may at
any time upon reasonable cause to believe that a bicycle is unsafe or not
equipped as required by law, or that its equipment is not in proper adjustment
or repair, require the person riding the bicycle to stop and submit the
bicycle to an inspection and such test with reference thereto as may be appropriate.
(Source: P.A. 82-132.)
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(625 ILCS 5/11-1510) (from Ch. 95 1/2, par. 11-1510)
Sec. 11-1510. Left Turns. (a) A person riding a bicycle or moped intending to turn left shall follow a course described in
Section 11-801 or in paragraph (b) of this Section.
(b) A person riding a bicycle or moped intending to turn
left shall approach the
turn as close as practicable to the right curb or edge of the roadway.
After proceeding across the intersecting roadway to the far corner of the
curb or intersection of the roadway edges, the bicyclist or moped driver shall stop, as much as practicable out of the way of
traffic. After stopping the person shall yield to any traffic proceeding
in either direction along the roadway such person had been using. After
yielding, the bicycle or moped driver
shall comply with any official
traffic control device or police officer regulating traffic on the highway
along which he intends to proceed, and the bicyclist or moped
driver may proceed in the new direction.
(c) Notwithstanding the foregoing provisions, the Department
and local authorities in their respective jurisdictions may cause official
traffic-control devices to be placed and thereby require and direct that
a specific course be traveled by turning bicycles and moped,
and when such devices are so placed, no person shall turn a bicycle or
moped other than as directed and required by such devices.
(Source: P.A. 96-554, eff. 1-1-10.)
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(625 ILCS 5/11-1511) (from Ch. 95 1/2, par. 11-1511)
Sec. 11-1511.
Turn and stop signals.
(a) Except as provided in this Section,
a person riding a bicycle shall comply with Section 11-804.
(b) A signal of intention to turn right or left when required shall be
given during not less than the last 100 feet traveled by the bicycle before
turning, and shall be given while the bicycle is stopped waiting to turn.
A signal by hand and arm need not be given continuously if the hand is needed
in the control or operation of the bicycle.
(Source: P.A. 82-132.)
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(625 ILCS 5/11-1512) (from Ch. 95 1/2, par. 11-1512)
Sec. 11-1512.
Bicycles on sidewalks.
(a) A person propelling a bicycle
upon and along a sidewalk, or across a roadway upon and along a crosswalk,
shall yield the right of way to any pedestrian and shall give audible signal
before overtaking and passing such pedestrian.
(b) A person shall not ride a bicycle upon and along a sidewalk, or across
a roadway upon and along a crosswalk, where such use of bicycles is prohibited
by official traffic-control devices.
(c) A person propelling a bicycle upon and along a sidewalk, or across
a roadway upon and along a crosswalk, shall have all the rights and duties
applicable to a pedestrian under the same circumstances.
(Source: P.A. 82-132.)
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(625 ILCS 5/11-1513) (from Ch. 95 1/2, par. 11-1513)
Sec. 11-1513.
Bicycle parking.
(a) A person may park a bicycle on
a sidewalk unless prohibited or restricted by an official traffic-control device.
(b) A bicycle parked on a sidewalk shall not impede the normal and reasonable
movement of pedestrian or other traffic.
(c) A bicycle may be parked on the roadway at any angle to the curb or
edge of the roadway at any location where parking is allowed.
(d) A bicycle may be parked on the roadway abreast of another bicycle
or bicycles near the side of the roadway at any location where parking is allowed.
(e) A person shall not park a bicycle on a roadway in such a manner as
to obstruct the movement of a legally parked motor vehicle.
(f) In all other respects, bicycles parked anywhere on a highway shall
conform with the provisions of this Code regulating the parking of vehicles.
(Source: P.A. 82-132.)
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(625 ILCS 5/11-1514) (from Ch. 95 1/2, par. 11-1514)
Sec. 11-1514.
Bicycle racing.
(a) Bicycle racing on a highway shall
not be unlawful when a racing event has been approved by State or local
authorities on any highway under their respective jurisdictions. Approval
of bicycle highway racing events shall be granted only under conditions
which assure reasonable safety for all race participants, spectators and
other highways users, and which prevent unreasonable interference with traffic
flow which would seriously inconvenience other highway users.
(b) By agreement with the approving authority, participants in an approved
bicycle highway racing event may be exempted from compliance with any traffic
laws otherwise applicable thereto, provided that traffic control is adequate
to assure the safety of all highway users.
(Source: P.A. 82-132.)
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(625 ILCS 5/11-1515) (from Ch. 95 1/2, par. 11-1515)
Sec. 11-1515.
No person, firm, or corporation shall operate a
commercial bicycle messenger service in a city with a population of more
than 2,000,000 unless the bicycles used are covered by a liability
insurance policy at the expense of the person, firm, or corporation. 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. No insurer other than an insurer
authorized to do business in this State shall issue a policy under this
Section.
(Source: P.A. 87-1203.)
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(625 ILCS 5/11-1516) Sec. 11-1516. Low-speed gas bicycles. (a) A person may operate a low-speed gas bicycle only if the person is at least 16 years of age. (b) A person may not operate a low-speed gas bicycle at a speed greater than 20 miles per hour upon any highway, street, or roadway. (c) A person may not operate a low-speed gas bicycle on a sidewalk. (d) Except as otherwise provided in this Section, the provisions of this Article XV that apply to bicycles also apply to low-speed gas bicycles.
(Source: P.A. 100-209, eff. 1-1-18.) |
(625 ILCS 5/11-1517) Sec. 11-1517. Low-speed electric bicycles. (a) Except as otherwise provided in this Section, the provisions of this Chapter that apply to bicycles also apply to low-speed electric bicycles. (b) Each low-speed electric bicycle operating in this State shall comply with equipment and manufacturing requirements adopted by the United States Consumer Product Safety Commission under 16 CFR 1512. Each Class 3 low-speed electric bicycle shall be equipped with a speedometer that displays the speed the bicycle is traveling in miles per hour. (c) Beginning on or after January 1, 2018, every manufacturer and distributor of low-speed electric bicycles shall apply a label that is permanently affixed to the bicycle in a prominent location. The label shall contain, in Arial font in at least 9-point type: (1) a classification number for the bicycle that | ||
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(2) the bicycle's top assisted speed; and (3) the bicycle's motor wattage. No person shall knowingly tamper or modify the speed capability or engagement of a low-speed electric bicycle without replacing the label required under this subsection (c). (d) A Class 2 low-speed electric bicycle shall operate in a manner so that the electric motor is disengaged or ceases to function when the brakes are applied. A Class 1 low-speed electric bicycle and a Class 3 low-speed electric bicycle shall operate in a manner so that the electric motor is disengaged or ceases to function when the rider stops pedaling. (e) A person may operate a low-speed electric bicycle upon any highway, street, or roadway authorized for use by bicycles, including, but not limited to, bicycle lanes. (f) A person may operate a low-speed electric bicycle upon any bicycle path unless the municipality, county, or local authority with jurisdiction prohibits the use of low-speed electric bicycles or a specific class of low-speed electric bicycles on that path. (g) A person may not operate a low-speed electric bicycle on a sidewalk. (h) A person may operate a Class 3 low-speed electric bicycle only if he or she is 16 years of age or older. A person who is less than 16 years of age may ride as a passenger on a Class 3 low-speed electric bicycle that is designed to accommodate passengers.
(Source: P.A. 100-209, eff. 1-1-18.) |
(625 ILCS 5/11-1518) Sec. 11-1518. Low-speed electric scooters. (a) Subject to the restrictions of this Section, a municipality, park district, forest preserve district, or conservation district may authorize and regulate the operation of low-speed electric scooters within the unit of local government on any or all highways under their respective jurisdiction, sidewalks, trails, or other public right-of-way where the operation of bicycles is permitted. The use of low-speed electric scooters within any municipality, park district, forest preserve district, or conservation district is allowed only if authorized by the municipality, park district, forest preserve district, or conservation district under this Section. Any authorization or regulation by a park district, forest preserve district, or conservation district applies only on property owned, managed, or leased by the park district, forest preserve district, or conservation district. (a-5) Subject to the restrictions of this Section, the Department of Natural Resources may authorize and regulate the operation of low-speed electric scooters on any or all properties owned, managed, or leased by the Department of Natural Resources including, but not limited to, sidewalks, trails, or other public rights-of-way where the operation of bicycles is permitted. The use of low-speed electric scooters within any property that is owned, managed, or leased by the Department of Natural Resources is allowed only if authorized by the Department of Natural Resources. The Department of Natural Resources is authorized to adopt administrative rules for the regulation of low-speed electric scooters on any and all properties owned, managed, or leased by the Department of Natural Resources. (b) A person may not operate a low-speed electric scooter on a highway with a posted speed limit in excess of 35 mph. (c) A person may not operate a low-speed electric scooter unless he or she is 18 years of age or older. (d) A low-speed electric scooter may be parked in the same manner and at the same locations as a bicycle may be parked. (e) Every low-speed electric scooter when in use at nighttime shall be equipped with a lamp on the front that emits a white light visible from a distance of at least 500 feet to the front and with a red reflector on the rear that is visible from all distances from 100 feet to 600 feet to the rear when directly in front of lawful lower beams of headlamps on a motor vehicle, except that a lamp emitting a steady or flashing red light visible from a distance of 500 feet to the rear may be used in addition to or instead of the red reflector. (f) A low-speed electric scooter shall not be equipped with nor shall any person use upon a low-speed electric scooter any siren. This subsection does not apply to a low-speed electric scooter that is a police vehicle or fire department vehicle. (g) Every low-speed electric scooter shall be equipped with a brake that will adequately control movement of and stop and hold the low-speed electric scooter. (h) A person may not operate a low-speed electric scooter while carrying any package, bundle, or article that prevents the operator from keeping at least one hand upon the handlebars. (i) A person may not use a low-speed electric scooter to carry more than one person at a time. A person operating a low-speed electric scooter may not attach himself or herself or the scooter to any other vehicle being operated on the public right-of-way. (j) A person may not operate a low-speed electric scooter upon any public highway in the State while under the influence of alcohol or any drug. (k) The use of low-speed electric scooters is not permitted on State highways. (l) Every low-speed electric scooter shall be well-maintained and in good operating condition.
(Source: P.A. 103-899, eff. 8-9-24.) |
(625 ILCS 5/Ch. 12 heading) CHAPTER 12.
EQUIPMENT OF VEHICLES
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(625 ILCS 5/Ch. 12 Art. I heading) ARTICLE I.
GENERAL PROVISIONS
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(625 ILCS 5/12-100) (from Ch. 95 1/2, par. 12-100)
Sec. 12-100.
(Repealed).
(Source: P.A. 83-1473. Repealed by P.A. 90-89, eff. 1-1-98.)
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(625 ILCS 5/12-101) (from Ch. 95 1/2, par. 12-101)
Sec. 12-101.
Scope and effect of equipment requirements.
(a) It is unlawful for any person to drive or move or for the owner
to cause or knowingly permit to be driven or moved on any highway any
vehicle or combination of vehicles which is in such unsafe condition as
to endanger any person or property, or which does not contain those
parts or is not at all times equipped with such lamps and other
equipment in proper condition and adjustment as required in this
Chapter 12, or which is equipped in any manner in violation of this
Code, or for any person to do any act forbidden or fail to perform
any act required under this Chapter 12.
(b) The provisions of this Chapter 12 with respect to equipment on
vehicles shall not apply to implements of husbandry, road machinery,
road rollers, or farm tractors or to farm-wagon type trailers having a
fertilizer spreader attachment permanently mounted thereon, having a
gross weight of not to exceed 36,000 pounds and used only for the
transportation of bulk fertilizer or to farm-wagon type tank trailers of
not to exceed 2,000 gallons capacity, used during the liquid fertilizer
season as field-storage "nurse tanks" supplying the fertilizer to a
field applicator and moved on highways only for bringing the fertilizer
from a local source of supply to farm or field or from one farm or field
to another.
(Source: P.A. 82-523.)
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(625 ILCS 5/Ch. 12 Art. II heading) ARTICLE II.
LIGHTS AND LAMPS
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(625 ILCS 5/12-201) (from Ch. 95 1/2, par. 12-201)
(Text of Section before amendment by P.A. 103-706)
Sec. 12-201. When lighted lamps are required.
(a) When operated upon any highway in this State, every motorcycle shall at
all times exhibit at least one lighted lamp, showing a white light visible
for at least 500 feet in the
direction the motorcycle is proceeding. However, in lieu of such lighted
lamp, a motorcycle may be equipped with and use a means of modulating the
upper beam of the head lamp between high and a lower brightness. No such
head lamp shall be modulated, except to otherwise comply with this Code,
during times when lighted lamps are required for other motor vehicles.
(b) All other motor vehicles shall
exhibit at least 2 lighted head lamps, with at least one on each side
of the front of the vehicle, which satisfy United States Department of
Transportation requirements, showing white lights, including that emitted
by high intensity discharge (HID) lamps, or lights of a yellow or amber tint,
during the period from sunset to sunrise, at times when rain, snow, fog, or
other atmospheric conditions require the use of windshield wipers, and at
any other times when, due to insufficient light or unfavorable atmospheric
conditions, persons and vehicles on the highway are not clearly discernible at
a distance of 1000 feet. Parking lamps may be used in addition to but not in
lieu of such head lamps. Every motor vehicle, trailer, or semi-trailer shall
also exhibit at least 2 lighted lamps, commonly known as tail lamps, which
shall be mounted on the left rear and right rear of the vehicle so as to throw
a red light visible for at least 500 feet in the reverse direction, except that
a truck tractor or road tractor manufactured before January 1, 1968 and all
motorcycles need be equipped with only one such tail lamp.
(c) Either a tail lamp or a separate lamp shall be so constructed
and placed as to illuminate with a white light a rear registration plate
when required and render it clearly legible from a distance of 50 feet
to the rear. Any tail lamp or tail lamps, together with any separate
lamp or lamps for illuminating a rear registration plate, shall be so
wired as to be lighted whenever the head lamps or auxiliary driving lamps
are lighted.
(d) A person shall install only head lamps that satisfy United States
Department of Transportation regulations and show white light, including that
emitted by HID lamps, or light of a yellow or amber tint for use by a motor
vehicle.
(e) (Blank).
(Source: P.A. 96-487, eff. 1-1-10.)
(Text of Section after amendment by P.A. 103-706) Sec. 12-201. When lighted lamps are required. (a) When operated upon any highway in this State, every motorcycle shall at all times exhibit at least one lighted lamp, showing a white light visible for at least 500 feet in the direction the motorcycle is proceeding. However, in lieu of such lighted lamp, a motorcycle may be equipped with and use a means of modulating the upper beam of the head lamp between high and a lower brightness. No such head lamp shall be modulated, except to otherwise comply with this Code, during times when lighted lamps are required for other motor vehicles. (b) All other motor vehicles shall exhibit at least 2 lighted head lamps, with at least one on each side of the frontmost of the vehicle, which satisfy United States Department of Transportation requirements, as set forth in 49 CFR 571.108, showing white lights, including that emitted by high intensity discharge (HID) lamps, or lights of a yellow or amber tint, during the period from sunset to sunrise, at times when rain, snow, fog, or other atmospheric conditions require the use of windshield wipers, and at any other times when, due to insufficient light or unfavorable atmospheric conditions, persons and vehicles on the highway are not clearly discernible at a distance of 1000 feet. Parking lamps may be used in addition to but not in lieu of such head lamps. Every motor vehicle, trailer, or semi-trailer shall also exhibit at least 2 lighted lamps, commonly known as tail lamps, which shall be mounted on the left rearmost and right rearmost of the vehicle so as to throw a red light visible for at least 500 feet in the reverse direction, except that a truck tractor or road tractor manufactured before January 1, 1968 and all motorcycles need be equipped with only one such tail lamp. (c) Either a tail lamp or a separate lamp shall be so constructed and placed as to illuminate with a white light a rear registration plate when required and render it clearly legible from a distance of 50 feet to the rear. Any tail lamp or tail lamps, together with any separate lamp or lamps for illuminating a rear registration plate, shall be so wired as to be lighted whenever the head lamps or auxiliary driving lamps are lighted. (d) A person shall install only head lamps that satisfy United States Department of Transportation regulations, as set forth in 49 CFR 571.108, and show white light, including that emitted by HID lamps, or light of a yellow or amber tint for use by a motor vehicle. (e) (Blank).(Source: P.A. 103-706, eff. 1-1-25.) |
(625 ILCS 5/12-202) (from Ch. 95 1/2, par. 12-202)
Sec. 12-202. Clearance, identification and side marker lamps.
(a) Second division vehicles with a GVWR over 10,000 pounds, the length of which
together with any trailer or trailers in tow thereof, is more than 25 feet
or the width of which is more than 80 inches exclusive of mirrors, bumpers
and other required safety devices, while being operated on the highways of
this State during the period from sunset to sunrise, shall display on the
front of the vehicle 2 yellow or amber lights, one on each upper front
corner of the vehicle, which shall be plainly visible at a distance of at
least 500 feet; also on the rear thereof in a horizontal line, 3 red lights
plainly visible at a distance of not less than 500 feet; also on the front
of the body of that vehicle near the lower left hand corner one yellow or
amber tinted reflector, and near the lower right hand corner one yellow or
amber tinted reflector; also red reflectors on the rear of the body of that
vehicle, not more than 12 inches from the lower left and right hand
corners. All motor vehicles of the second division more than 20 feet long,
and all trailers and semitrailers, except trailers and semitrailers having
a gross weight of 3,000 pounds or less including the weight of the trailer
and maximum load, while being operated on the highways of this State during
the period from sunset to sunrise, shall display on each side of the
vehicle at approximately the one-third points of the length of the same, at
a height not exceeding 5 feet above the surface of the road, and reflecting
on a line approximately at right angles to the center line of the vehicle,
2 amber tinted reflectors. After January, 1974, all new motor vehicles of
the second division more than 20 feet long, and all trailers and
semitrailers except trailers and semitrailers having a gross weight of
3,000 pounds or less including the weight of the trailer and maximum load
sold as new in this State, while being operated on the highways of this
State during period from sunset to sunrise, shall display on each side of
the vehicle, not more than 12 inches from the front, one amber tinted
reflector, and not more than 12 inches from the rear one red reflector at a
height not exceeding 5 feet above the surface of the road, and reflecting
on a line approximately at right angles to the center line of the vehicle,
approved by the Department.
(b) Every trailer and semitrailer having a gross weight of 3,000 pounds
or less including the weight of the trailer and maximum load, towed either
by a motor vehicle of the first division or a motor vehicle of the second
division shall be equipped with 2 red reflectors, which will be visible
when hit by headlight beams 300 feet away at night, on the rear of the body
of such trailer, not more than 12 inches from the lower left hand and lower
right hand corners.
(c) Every vehicle designated in paragraph (a) or (b) of this Section
that is manufactured after December 31, 1973, shall, at the places and
times specified in paragraph (a) or (b) of this Section, display reflectors
and clearance, identification, and side marker lamps in conformance with
the specifications prescribed by the Department.
(Source: P.A. 97-201, eff. 1-1-12.)
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(625 ILCS 5/12-203) (from Ch. 95 1/2, par. 12-203)
Sec. 12-203.
Lamps on parked vehicles.
(a) During the period from sunset to sunrise every motorcycle or motor
vehicle which is standing on any highway shall display a parking light on
the front and at the rear of the same. However, any city, village or
incorporated town may by ordinance, under rules and regulations it may
prescribe, designate any part or parts of any street, or other highway
under their jurisdiction, as parking places in which motorcycles and motor
vehicles may be parked without having their lamps lighted, as otherwise
required by this Section.
(b) Any lighted driving lamps upon a parked vehicle shall be depressed
or dimmed.
(Source: P.A. 77-37.)
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(625 ILCS 5/12-204) (from Ch. 95 1/2, par. 12-204)
Sec. 12-204.
Lamp or flag on projecting load.
Whenever the load upon any vehicle extends to the rear 4 feet, or more
beyond the bed or body of such vehicle there shall be displayed at the
extreme rear end of the load, at the times specified in Section 12-201
hereof, a red light or lantern plainly visible from a distance of at least
500 feet to the sides and rear. The red light or lantern required under
this Section shall be in addition to the red rear light required upon every
vehicle. At any other time there shall be displayed at the extreme rear end
of such load a red flag or cloth not less than 12 inches square.
(Source: P.A. 77-37.)
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(625 ILCS 5/12-205) (from Ch. 95 1/2, par. 12-205)
Sec. 12-205. Lamps on other vehicles and equipment. Every vehicle, including animal drawn vehicles, referred to in paragraph
(b) of Section 12-101, not specifically required by the provisions of this
Article to be equipped with lamps or other lighting devices, shall at all
times specified in Section 12-201 of this Act be equipped with at least 2
lamps on the power or towing unit, displaying a white light visible
from a distance of not less than
1,000 feet to the front of such vehicle and shall also be equipped with 2
lamps each displaying a red light visible from a distance of not less
than 1,000 feet to the rear of such vehicle.
Where the towed unit or any load thereon partially or totally obscures
the 2 lamps displaying red light to the rear of the towing unit, the
rearmost towed unit shall be equipped with 2 lamps displaying red light
visible from a distance of not less than 1,000 feet to the rear of such
towed unit which are positioned in such a manner as to not obstruct the
visibility of the red light to any vehicle operator approaching from the
rear of such vehicle or combination of vehicles.
Where the 2 lamps displaying red light are not obscured by the towed unit
or its load, then either towing unit or towed unit, or both, may be
equipped with the 2 lamps displaying red light as required.
The preceding paragraph does not apply to antique vehicles, expanded-use antique vehicles, custom
vehicles, or street rods. An antique
vehicle or expanded-use antique vehicle shall be equipped with lamps
of the
same type originally installed
by the manufacturer as original equipment and in working order.
(Source: P.A. 97-412, eff. 1-1-12.)
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(625 ILCS 5/12-205.1) (from Ch. 95 1/2, par. 12-205.1)
Sec. 12-205.1.
Implements of husbandry or slow-moving vehicles-Display of
amber
signal lamp.
Every animal drawn vehicle, farm tractor, implement of husbandry and
special mobile equipment, except when used for road construction or
maintenance within the limits of a construction or maintenance project
where traffic control devices are used in compliance with the applicable
provisions of the manual and specifications adopted under Section 11-301 of
the Illinois Vehicle Code, when operated on a highway during a time when
lighted lamps are required by Section 12-201 of this Chapter, shall display
to the rear at least one flashing amber signal lamp mounted as high as
practicable and of sufficient intensity to be visible for a distance of at
least 500 feet in normal sunlight; provided, that only the rearmost vehicle
of a combination of vehicles coupled together need display such lamp.
The flashing amber signal lamp may be operated lighted during daylight
hours when other lamps are not required to be lighted when vehicles
authorized in this Section are operated on a highway.
Implements of husbandry manufactured on or after January 1, 2003 and operated
on public roads between sunset and sunrise shall display markings and lighting
that meet or exceed the design, performance, and mounting specifications
adopted by the American Society of Agricultural Engineers and published by that
body as ASAE S279.11 APR01.
(Source: P.A. 91-505, eff. 1-1-00; 92-820, eff. 8-21-02.)
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(625 ILCS 5/12-207) (from Ch. 95 1/2, par. 12-207)
(Text of Section before amendment by P.A. 103-706)
Sec. 12-207.
Spot lamps and auxiliary driving lamps.
(a) Any motor vehicle may be equipped with not to exceed one spot lamp
and every lighted spot lamp shall be so aimed and used upon approaching
another vehicle that no part of the high-intensity portion of the beam will
be directed to the left of the prolongation of the extreme left side of the
vehicle nor more than 100 feet ahead of the vehicle.
(b) Any motor vehicle may be equipped with not to exceed three auxiliary
driving lamps mounted on the front at a height not less than 12 inches nor
more than 42 inches above the level surface upon which the vehicle stands.
(c) The restrictions of subsections 12-207 (a) and 12-207 (b) of this
Act shall not apply to authorized emergency vehicles or equipment used
for snow and ice removal operations if owned or operated by or for any
governmental body.
(d) The minimum and maximum height restrictions prescribed in
subsection (b) of Section 12-207 shall not apply to privately owned motor vehicles on
which a snow plow is mounted, while in transit between or during snow and
ice removal operations. This exemption shall apply only during the period
from November 15 through April 1, and only when the snow plow blade, commonly
referred to as a "moldboard", is properly and securely affixed to the front
of the motor vehicle.
(Source: P.A. 85-1010.)
(Text of Section after amendment by P.A. 103-706) Sec. 12-207. Spot lamps and auxiliary driving lamps. (a) Any motor vehicle may be equipped with not to exceed one spot lamp that shall emit a white light without glare and every lighted spot lamp shall be so aimed and used upon approaching another vehicle that no part of the high-intensity portion of the beam will be directed to the left of the prolongation of the extreme left side of the vehicle nor more than 100 feet ahead of the vehicle. (b) Any motor vehicle may be equipped with not to exceed 3 auxiliary driving lamps showing white light, including white light emitted by a high intensity discharge (HID) lamp, or light of a yellow or amber tint, mounted forward facing on the front at a height not less than 12 inches nor more than 42 inches above the level surface upon which the vehicle stands. As used in this subsection, "auxiliary driving lamp" means a lamp, whether temporarily or permanently installed on a vehicle, not originally installed by the manufacturer at the original point of assembly. (c) The restrictions of subsections 12-207 (a) and 12-207 (b) of this Act shall not apply to authorized emergency vehicles or equipment used for snow and ice removal operations if owned or operated by or for any governmental body. (d) The minimum and maximum height restrictions prescribed in subsection (b) of Section 12-207 shall not apply to privately owned motor vehicles on which a snow plow is mounted, while in transit between or during snow and ice removal operations. This exemption shall apply only during the period from November 15 through April 1, and only when the snow plow blade, commonly referred to as a "moldboard", is properly and securely affixed to the front of the motor vehicle.(Source: P.A. 103-706, eff. 1-1-25.)
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(625 ILCS 5/12-208) (from Ch. 95 1/2, par. 12-208) (Text of Section before amendment by P.A. 103-706) Sec. 12-208. Signal lamps and signal devices.
(a) Every vehicle other than an antique vehicle displaying an antique
plate or an expanded-use antique vehicle displaying expanded-use antique vehicle plates operated in this State shall be equipped with a stop lamp or lamps on
the rear of the vehicle which shall display a red or amber light visible
from a distance of not less than 500 feet to the rear in normal sunlight
and which shall be actuated upon application of the service (foot) brake,
and which may but need not be incorporated with other rear lamps. During
times when lighted lamps are not required, an antique vehicle or an expanded-use antique vehicle may be
equipped with a stop lamp or lamps on the rear of such vehicle of the same
type originally installed by the manufacturer as original equipment and in
working order. However, at all other times, except as provided in subsection
(a-1), such antique vehicle or expanded-use antique vehicle must be
equipped with stop lamps meeting the requirements of Section 12-208 of this
Act.
(a-1) A motorcycle or an antique vehicle or an expanded-use antique vehicle, including an antique motorcycle, may display a blue light or lights of up to one
inch in diameter as part of the vehicle's rear stop lamp or lamps.
(b) Every motor vehicle other than an antique vehicle displaying an
antique plate or an expanded-use antique vehicle displaying expanded-use antique vehicle plates shall be equipped with an electric turn signal device which
shall indicate the intention of the driver to turn to the right or to the
left, change lanes, turn a vehicle, or otherwise turn or maneuver a vehicle from a direct course of travel in the form of flashing lights located at and showing to the front and
rear of the vehicle on the side of the vehicle toward which the turn is to
be made. The lamps showing to the front shall be mounted on the same level
and as widely spaced laterally as practicable and, when signaling, shall
emit a white or amber light, or any shade of light between white and amber.
The lamps showing to the rear shall be mounted on the same level and as
widely spaced laterally as practicable and, when signaling, shall emit a
red or amber light. An antique vehicle or expanded-use antique vehicle shall be equipped with a turn signal
device of the same type originally installed by the manufacturer as
original equipment and in working order.
(c) Every trailer and semitrailer shall be equipped with an electric
turn signal device which indicates the intention of the driver in the power
unit to turn to the right or to the left in the form of flashing red or
amber lights located at the rear of the vehicle on the side toward which
the turn is to be made and mounted on the same level and as widely spaced
laterally as practicable.
(d) Turn signal lamps must be visible from a distance of not less than
300 feet in normal sunlight.
(e) Motorcycles and motor-driven cycles need not be equipped with
electric turn signals. Antique vehicles and expanded-use antique vehicles need not be equipped with turn
signals unless such were installed by the manufacturer as original
equipment.
(f) (Blank).
(g) Motorcycles and motor-driven cycles may be equipped with a stop lamp or lamps on the rear of the vehicle that display a red or amber light, visible from a distance of not less than 500 feet to the rear in normal sunlight, that flashes and becomes steady only when the brake is actuated. (h) Electric turn signal lamps shall not be flashed or left in the on position other than to indicate the intention of a driver to turn a vehicle left or right, change lanes, or otherwise turn or maneuver a vehicle from a direct course of travel. (Source: P.A. 102-508, eff. 8-20-21.)
(Text of Section after amendment by P.A. 103-706) Sec. 12-208. Signal lamps and signal devices. (a) Every vehicle other than an antique vehicle displaying an antique plate or an expanded-use antique vehicle displaying expanded-use antique vehicle plates operated in this State shall be equipped with a stop lamp or lamps on the rearmost of the vehicle which shall display a red or amber light visible from a distance of not less than 500 feet to the rear in normal sunlight and which shall be actuated upon application of the service (foot) brake, and which may but need not be incorporated with other rear lamps. During times when lighted lamps are not required, an antique vehicle or an expanded-use antique vehicle may be equipped with a stop lamp or lamps on the rear of such vehicle of the same type originally installed by the manufacturer as original equipment and in working order. However, at all other times, except as provided in subsection (a-1), such antique vehicle or expanded-use antique vehicle must be equipped with stop lamps meeting the requirements of Section 12-208 of this Act. (a-1) A motorcycle or an antique vehicle or an expanded-use antique vehicle, including an antique motorcycle, may display a blue light or lights of up to one inch in diameter as part of the vehicle's rear stop lamp or lamps. (b) Every motor vehicle other than an antique vehicle displaying an antique plate or an expanded-use antique vehicle displaying expanded-use antique vehicle plates shall be equipped with an electric turn signal device which shall indicate the intention of the driver to turn to the right or to the left, change lanes, turn a vehicle, or otherwise turn or maneuver a vehicle from a direct course of travel in the form of flashing lights located at and showing to the front and rear of the vehicle on the side of the vehicle toward which the turn is to be made. The lamps showing to the front shall be mounted on the same level and as widely spaced laterally as practicable and, when signaling, shall emit a white or amber light, or any shade of light between white and amber. The lamps showing to the rear shall be mounted on the same level and as widely spaced laterally as practicable and, when signaling, shall emit a red or amber light. An antique vehicle or expanded-use antique vehicle shall be equipped with a turn signal device of the same type originally installed by the manufacturer as original equipment and in working order. (c) Every trailer and semitrailer shall be equipped with an electric turn signal device which indicates the intention of the driver in the power unit to turn to the right or to the left in the form of flashing red or amber lights located at the rear of the vehicle on the side toward which the turn is to be made and mounted on the same level and as widely spaced laterally as practicable. (d) Turn signal lamps must be visible from a distance of not less than 300 feet in normal sunlight. (e) Motorcycles and motor-driven cycles need not be equipped with electric turn signals. Antique vehicles and expanded-use antique vehicles need not be equipped with turn signals unless such were installed by the manufacturer as original equipment. (f) (Blank). (g) Motorcycles and motor-driven cycles may be equipped with a stop lamp or lamps on the rear of the vehicle that display a red or amber light, visible from a distance of not less than 500 feet to the rear in normal sunlight, that flashes and becomes steady only when the brake is actuated. (h) Electric turn signal lamps shall not be flashed or left in the on position other than to indicate the intention of a driver to turn a vehicle left or right, change lanes, or otherwise turn or maneuver a vehicle from a direct course of travel. (Source: P.A. 102-508, eff. 8-20-21; 103-706, eff. 1-1-25.) |
(625 ILCS 5/12-209) (from Ch. 95 1/2, par. 12-209)
Sec. 12-209. Additional lighting equipment.
(a) Any motor vehicle may be equipped with not more than 2 side cowl or
fender lamps which shall emit an amber or white light without glare.
(b) Any motor vehicle may be equipped with not more than one running
board courtesy lamp on each side thereof which shall emit a white or amber
light without glare.
(c) Any motor vehicle may be equipped with one or more back-up lamps
either separately or in combination with other lamps which shall emit a white or amber light without glare; but any such back-up
lamp or lamps shall not be lighted when the motor vehicle is in forward
motion.
(Source: P.A. 100-707, eff. 1-1-19.)
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(625 ILCS 5/12-210) (from Ch. 95 1/2, par. 12-210) (Text of Section before amendment by P.A. 103-706) Sec. 12-210. Use of head lamps and auxiliary driving lamps. (a) Whenever the driver of any vehicle equipped with an electric driving head lamp, driving head lamps, auxiliary driving lamp or auxiliary driving lamps is within 500 feet of another vehicle approaching from the opposite direction, the driver shall dim or drop such head lamp or head lamps and shall extinguish all auxiliary driving lamps. (b) The driver of any vehicle equipped with an electric driving head lamp, head lamps, auxiliary driving lamp or auxiliary driving lamps shall dim or drop such head lamp or head lamps and shall extinguish all auxiliary driving lamps when there is another vehicle traveling in the same direction less than 300 feet to the front of him. (c) No vehicle shall have the lighting system modified to allow more than 2 electric head lamps to be lighted while operating in the dimmed or dropped position. (d) Nothing in this Section shall prohibit the use of auxiliary driving lamps, commonly referred to as "fog" lamps, when used in conjunction with head lamps, if such auxiliary driving lamps are adjusted and so aimed that the glaring rays are not projected into the eyes of drivers of oncoming vehicles.(Source: P.A. 85-1144.) (Text of Section after amendment by P.A. 103-706) Sec. 12-210. Use of head lamps and auxiliary driving lamps. (a) Whenever the driver of any vehicle equipped with an electric driving head lamp, driving head lamps, auxiliary driving lamp or auxiliary driving lamps is within 500 feet of another vehicle approaching from the opposite direction, the driver shall dim or drop such head lamp or head lamps and shall extinguish all auxiliary driving lamps. (b) The driver of any vehicle equipped with an electric driving head lamp, head lamps, auxiliary driving lamp or auxiliary driving lamps shall dim or drop such head lamp or head lamps and shall extinguish all auxiliary driving lamps when there is another vehicle traveling in the same direction less than 300 feet to the front of him. (c) No vehicle shall have the lighting system modified to allow more than 2 electric head lamps to be lighted while operating in the dimmed or dropped position. (d) Nothing in this Section shall prohibit the use of 2 lamps mounted on the frontmost of the motor vehicle that emit white or amber light without glare, installed by the manufacturer at the original point of assembly, when used in conjunction with head lamps. All lamps, including auxiliary driving lamps, shall be adjusted and so aimed that the glaring rays are not projected into the eyes of drivers of oncoming vehicles. As used in this subsection, "auxiliary driving lamp" means a lamp, whether temporarily or permanently installed on a vehicle, not originally installed by the manufacturer at the original point of assembly. (Source: P.A. 103-706, eff. 1-1-25.) |
(625 ILCS 5/12-211) (from Ch. 95 1/2, par. 12-211)
Sec. 12-211.
Number of driving lamps required or permitted.
(a) At all times specified in Section 12-201, at least 2 lighted driving
lamps shall be displayed, one on each side of the front of every motor
vehicle other than a motorcycle, except when such vehicle is parked subject
to the regulations governing lights on parked vehicles.
(b) Whenever a motor vehicle equipped with driving lamps as herein
required is also equipped with any auxiliary driving lamps or a spot lamp
or any other lamp on the front thereof, not more than a total of 4 of any
such lamps on the front of a vehicle shall be lighted at any one time when
upon a highway.
(Source: P.A. 86-1236.)
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(625 ILCS 5/12-212) (from Ch. 95 1/2, par. 12-212)
Sec. 12-212. Special restrictions on lamps. (a) No person shall drive or
move any vehicle or equipment upon any highway with any lamp or device on
the vehicle or equipment displaying a red light visible from directly in
front of the vehicle or equipment except as otherwise provided in this Act.
(b) Subject to the restrictions of this Act, flashing lights are
prohibited on motor vehicles except as expressly authorized in this Chapter or as a means for indicating a right or
left turn, lane change, or a maneuver of a vehicle from a direct course of travel as provided in Section 12-208 or the presence of a vehicular
traffic hazard requiring unusual care as expressly provided in Sections 11-804 or 12-215.
(c) Unless otherwise expressly authorized by this Code, all other
lighting or combination of lighting on any vehicle shall be prohibited.
(d) No person shall drive or move any motor vehicle or equipment upon any highway with any lighting or combination of lighting with a smoked or tinted lens or cover. (Source: P.A. 101-189, eff. 1-1-20; 102-508, eff. 8-20-21.)
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(625 ILCS 5/12-214) (from Ch. 95 1/2, par. 12-214)
Sec. 12-214.
Special lighting equipment on rural mail delivery vehicles.
If a rural mail delivery vehicle is equipped with special signal lamps,
there shall be displayed to the front 2 such alternately flashing amber
lamps located at the same level and mounted as high and as widely spaced
laterally as practicable and to the rear 2 alternately flashing amber lamps
located at the same level and mounted as high and as widely spaced
laterally as practicable. Such lamps shall be of sufficient intensity to be
visible at 500 feet in normal sunlight and shall be controlled so that they
will only be used to indicate to other traffic that a stop is being made
for the purpose of picking up or delivering U. S. mail.
(Source: P.A. 77-37.)
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(625 ILCS 5/12-214.1)
Sec. 12-214.1.
Tow trucks meeting federal motor carrier safety
requirements;
lighting and signalling equipment. Any tow truck that meets the
requirements of the Federal Motor Carrier Safety Regulations of the United
States Department of Transportation, regarding lighting and
signalling equipment required on commercial motor vehicles, shall be deemed to
comply with the provisions of this Chapter regarding required lighting and
signalling equipment.
(Source: P.A. 89-433, eff. 12-15-95.)
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(625 ILCS 5/12-215)
(Text of Section before amendment by P.A. 103-667)
Sec. 12-215. Oscillating, rotating, or flashing lights on motor vehicles. Except as otherwise provided in this Code:
(a) The use of red or white oscillating, rotating, or flashing lights,
whether lighted or unlighted, is prohibited except on:
1. Law enforcement vehicles of State, federal, or | ||
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2. A vehicle operated by a police officer or county | ||
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2.1. A vehicle operated by a fire chief, deputy fire | ||
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3. Vehicles of local fire departments and State or | ||
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4. Vehicles which are designed and used exclusively | ||
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4.5. Vehicles which are occasionally used as rescue | ||
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5. Tow trucks licensed in a state that requires such | ||
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6. Vehicles of the Illinois Emergency Management | ||
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7. Vehicles operated by a local or county emergency | ||
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8. School buses operating alternately flashing head | ||
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9. Vehicles that are equipped and used exclusively as | ||
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10. Vehicles of the Illinois Department of Natural | ||
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11. Vehicles of the Illinois Department of | ||
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12. Vehicles of the Illinois State Toll Highway | ||
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(b) The use of amber oscillating, rotating, or flashing lights, whether
lighted or unlighted, is prohibited except on:
1. Second division vehicles designed and used for | ||
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2. Motor vehicles or equipment of the State of | ||
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3. Vehicles or equipment used by engineering or | ||
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4. Vehicles of public utilities, municipalities, or | ||
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5. Oversized vehicle or load; however, such lights | ||
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6. The front and rear of motorized equipment owned | ||
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6.1. The front and rear of motorized equipment or | ||
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7. Fleet safety vehicles registered in another state, | ||
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8. Such other vehicles as may be authorized by local | ||
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9. Law enforcement vehicles of State or local | ||
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9.5. Propane delivery trucks;
10. Vehicles used for collecting or delivering mail | ||
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10.5. Vehicles of the Office of the Illinois State | ||
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11. Any vehicle displaying a slow-moving vehicle | ||
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12. All trucks equipped with self-compactors or | ||
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13. Vehicles used by a security company, alarm | ||
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14. Security vehicles of the Department of Human | ||
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15. Vehicles of union representatives, except that | ||
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(c) The use of blue oscillating, rotating, or flashing lights, whether
lighted or unlighted, is prohibited except on:
1. Rescue squad vehicles not owned by a fire | ||
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voluntary firefighter;
paid firefighter;
part-paid firefighter;
call firefighter;
member of the board of trustees of a fire | ||
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paid or unpaid member of a rescue squad;
paid or unpaid member of a voluntary ambulance | ||
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paid or unpaid members of a local or county | ||
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However, such lights are not to be lighted except | ||
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Any person using these lights in accordance with this | ||
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(A) the name of the fire department, fire | ||
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(B) the member's position within the fire | ||
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(C) the member's term of service; and (D) the name of a person within the fire | ||
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2. Police department vehicles in cities having a | ||
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3. Law enforcement vehicles of State or local | ||
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4. Vehicles of local fire departments and State or | ||
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5. Vehicles which are designed and used exclusively | ||
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6. Vehicles that are equipped and used exclusively as | ||
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7. Vehicles of the Illinois Emergency Management | ||
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8. Vehicles operated by a local or county emergency | ||
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9. Vehicles of the Illinois Department of Natural | ||
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(c-1) In addition to the blue oscillating, rotating, or flashing
lights permitted under subsection (c), and notwithstanding subsection
(a), a vehicle operated by a voluntary firefighter, a voluntary member
of a rescue squad, or a member of a voluntary ambulance unit may be
equipped with flashing white headlights and blue grill lights, which may
be used only in responding to an emergency call or when parked or stationary at the scene of a fire, rescue call, ambulance call, or motor vehicle crash.
(c-2) In addition to the blue oscillating, rotating, or flashing
lights permitted under subsection (c), and notwithstanding subsection (a),
a vehicle operated by a paid or unpaid member of a local or county
emergency management services agency as defined in the Illinois Emergency
Management Agency Act, may be equipped with white oscillating, rotating,
or flashing lights to be used in combination with blue oscillating, rotating,
or flashing lights, if authorization by local authorities is in
writing and carried in the vehicle.
(d) The use of a combination of amber and white oscillating, rotating, or
flashing lights, whether lighted or unlighted, is prohibited except on second division vehicles designed and used for towing or hoisting
vehicles or motor
vehicles or equipment of the State of Illinois, local authorities, contractors,
and union representatives; furthermore, such lights shall
not be lighted on second division vehicles designed and used for towing or hoisting
vehicles or vehicles of the State of Illinois, local authorities, and
contractors except while such vehicles are engaged in a tow operation, highway maintenance, or
construction operations within the limits of highway construction projects, and
shall not be lighted on the vehicles of union representatives except when those
vehicles are within the limits of a construction project.
(e) All oscillating, rotating, or flashing lights referred to in this Section
shall be of sufficient intensity, when illuminated, to be visible at 500
feet in normal sunlight.
(f) Nothing in this Section shall prohibit a manufacturer of oscillating,
rotating, or flashing lights or his representative or authorized vendor from temporarily mounting
such lights on a vehicle for demonstration purposes only. If the lights are not covered while the vehicle is operated upon a highway, the vehicle shall display signage indicating that the vehicle is out of service or not an emergency vehicle. The signage shall be displayed on all sides of the vehicle in letters at least 2 inches tall and one-half inch wide. A vehicle authorized to have oscillating,
rotating, or flashing lights mounted for demonstration purposes may not activate the lights while the vehicle is operated upon a highway.
(g) Any person violating the provisions of subsection (a), (b), (c), or (d)
of this Section who without lawful authority stops or detains or attempts
to stop or detain another person shall be guilty of a Class 2 felony.
(h) Except as provided in subsection (g) above, any person violating the
provisions of subsection (a) or (c) of this Section shall be guilty of a
Class A misdemeanor.
(Source: P.A. 102-842, eff. 1-1-23; 102-982, eff. 7-1-23; 103-154, eff. 6-30-23.) (Text of Section after amendment by P.A. 103-667) Sec. 12-215. Oscillating, rotating, or flashing lights on motor vehicles. Except as otherwise provided in this Code: (a) The use of red or white oscillating, rotating, or flashing lights, whether lighted or unlighted, is prohibited except on: 1. Law enforcement vehicles of State, federal, or | ||
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2. A vehicle operated by a police officer or county | ||
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2.1. A vehicle operated by a fire chief, deputy fire | ||
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3. Vehicles of local fire departments and State or | ||
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4. Vehicles which are designed and used exclusively | ||
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4.5. Vehicles which are occasionally used as rescue | ||
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5. Tow trucks licensed in a state that requires such | ||
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6. Vehicles of the Illinois Emergency Management | ||
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7. Vehicles operated by a local or county emergency | ||
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8. School buses operating alternately flashing head | ||
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9. Vehicles that are equipped and used exclusively as | ||
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10. Vehicles of the Illinois Department of Natural | ||
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11. Vehicles of the Illinois Department of | ||
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12. Vehicles of the Illinois State Toll Highway | ||
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(b) The use of amber oscillating, rotating, or flashing lights, whether lighted or unlighted, is prohibited except on: 1. Second division vehicles designed and used for | ||
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2. Motor vehicles or equipment of the State of | ||
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3. Vehicles or equipment used by engineering or | ||
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4. Vehicles of public utilities, municipalities, or | ||
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5. Oversized vehicle or load; however, such lights | ||
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6. The front and rear of motorized equipment owned | ||
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6.1. The front and rear of motorized equipment or | ||
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7. Fleet safety vehicles registered in another state, | ||
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8. Such other vehicles as may be authorized by local | ||
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9. Law enforcement vehicles of State or local | ||
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9.5. Propane delivery trucks; 10. Vehicles used for collecting or delivering mail | ||
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10.5. Vehicles of the Office of the Illinois State | ||
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11. Any vehicle displaying a slow-moving vehicle | ||
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12. All trucks equipped with self-compactors or | ||
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13. Vehicles used by a security company, alarm | ||
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14. Security vehicles of the Department of Human | ||
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15. Vehicles of union representatives, except that | ||
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(c) The use of blue oscillating, rotating, or flashing lights, whether lighted or unlighted, is prohibited except on: 1. Rescue squad vehicles not owned by a fire | ||
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voluntary firefighter; paid firefighter; part-paid firefighter; call firefighter; member of the board of trustees of a fire | ||
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paid or unpaid member of a rescue squad; paid or unpaid member of a voluntary ambulance | ||
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paid or unpaid members of a local or county | ||
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However, such lights are not to be lighted except | ||
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Any person using these lights in accordance with this | ||
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(A) the name of the fire department, fire | ||
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(B) the member's position within the fire | ||
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(C) the member's term of service; and (D) the name of a person within the fire | ||
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2. Police department vehicles in cities having a | ||
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3. Law enforcement vehicles of State or local | ||
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4. Vehicles of local fire departments and State or | ||
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5. Vehicles which are designed and used exclusively | ||
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6. Vehicles that are equipped and used exclusively as | ||
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7. Vehicles of the Illinois Emergency Management | ||
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8. Vehicles operated by a local or county emergency | ||
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9. Vehicles of the Illinois Department of Natural | ||
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(c-1) In addition to the blue oscillating, rotating, or flashing lights permitted under subsection (c), and notwithstanding subsection (a), a vehicle operated by a voluntary firefighter, a voluntary member of a rescue squad, or a member of a voluntary ambulance unit may be equipped with flashing white headlights and blue grill lights, which may be used only in responding to an emergency call or when parked or stationary at the scene of a fire, rescue call, ambulance call, or motor vehicle crash. (c-2) In addition to the blue oscillating, rotating, or flashing lights permitted under subsection (c), and notwithstanding subsection (a), a vehicle operated by a paid or unpaid member of a local or county emergency management services agency as defined in the Illinois Emergency Management Agency Act, may be equipped with white oscillating, rotating, or flashing lights to be used in combination with blue oscillating, rotating, or flashing lights, if authorization by local authorities is in writing and carried in the vehicle. (d) The use of a combination of amber and white oscillating, rotating, or flashing lights, whether lighted or unlighted, is prohibited except on second division vehicles designed and used for towing or hoisting vehicles or motor vehicles or equipment of the State of Illinois, local authorities, contractors, and union representatives; furthermore, such lights shall not be lighted on second division vehicles designed and used for towing or hoisting vehicles or vehicles of the State of Illinois, local authorities, and contractors except while such vehicles are engaged in a tow operation, highway maintenance, or construction operations within the limits of highway construction projects, and shall not be lighted on the vehicles of union representatives except when those vehicles are within the limits of a construction project. (d-5) The use of green oscillating, flashing, or rotating lights, whether lighted or unlighted, is prohibited except on: 1. Second division vehicles designed and used for | ||
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2. Motor vehicles or equipment of the State of | ||
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3. Motor vehicles of the Department of Transportation | ||
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4. Motor vehicles of the Illinois State Toll Highway | ||
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5. Motor vehicles of the Illinois State Toll Highway | ||
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6. Motor vehicles or equipment of local authority or | ||
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7. Fire department vehicles of local fire departments | ||
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8. Vehicles used by a security company when the | ||
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9. Ambulances or rescue vehicles operating in | ||
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(d-10) Fire department vehicles of local fire departments and State or federal firefighting vehicles, police vehicles of State, federal, or local authorities, and vehicles designated by local or State authority, while parked at an emergency scene, may use a steady-on illumination or steady-burn, or flashing green beacon or beacons if such steady-on, steady-burn, or flashing beacon is used to indicate an emergency operations command post or incident command location. (e) All oscillating, rotating, or flashing lights referred to in this Section shall be of sufficient intensity, when illuminated, to be visible at 500 feet in normal sunlight. (f) Nothing in this Section shall prohibit a manufacturer of oscillating, rotating, or flashing lights or his representative or authorized vendor from temporarily mounting such lights on a vehicle for demonstration purposes only. If the lights are not covered while the vehicle is operated upon a highway, the vehicle shall display signage indicating that the vehicle is out of service or not an emergency vehicle. The signage shall be displayed on all sides of the vehicle in letters at least 2 inches tall and one-half inch wide. A vehicle authorized to have oscillating, rotating, or flashing lights mounted for demonstration purposes may not activate the lights while the vehicle is operated upon a highway. (g) Any person violating the provisions of subsection (a), (b), (c), (d), (d-5), or (d-10) of this Section who without lawful authority stops or detains or attempts to stop or detain another person shall be guilty of a Class 2 felony. (h) Except as provided in subsection (g) above, any person violating the provisions of subsection (a) or (c) of this Section shall be guilty of a Class A misdemeanor.(Source: P.A. 102-842, eff. 1-1-23; 102-982, eff. 7-1-23; 103-154, eff. 6-30-23; 103-667, eff. 1-1-25.) |
(625 ILCS 5/12-215.1) Sec. 12-215.1. Possession of oscillating, rotating, or flashing lights in motor vehicles; police equipment, markings, and other indicia of emergency vehicle authority. (a) A person, except those given exceptions in Section 12-215 or 12-609 of this Code, may not possess or be in actual physical control of oscillating, rotating, or flashing lights or other indicia of emergency vehicle authority within any portion of a motor vehicle, including but not limited to wig-wags, red and blue LEDs, sirens, mounted or affixed devices or other equipment, markings or indicia of emergency vehicle authority. (b) A person found guilty of violating this Section is guilty of a Class A misdemeanor. (c) Oscillating, rotating, or flashing lights and any other equipment, markings, or indicia of emergency vehicle authority shall be seized by the law enforcement officer at the time of a violation of this Section or of Section 12-215 or 12-609 of this Code upon any legal search. The officer may seize the vehicle containing the prohibited device or mechanism, and this device or mechanism shall be removed and held for evidentiary purposes. When the device or mechanism is no longer needed for evidence, the defendant may petition the court for the return of the device or mechanism. The defendant must prove to the court by a preponderance of the evidence that the device or mechanism will be used for a legitimate and lawful purpose.
(Source: P.A. 98-468, eff. 8-16-13.) |
(625 ILCS 5/12-216) (from Ch. 95 1/2, par. 12-216)
Sec. 12-216.
Operation of oscillating, rotating or flashing lights.
Oscillating, rotating or flashing lights located on or within police
vehicles in this State shall be lighted whenever a police officer is in
pursuit of a violator of a traffic law or regulation.
(Source: P.A. 85-830.)
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(625 ILCS 5/12-217) (from Ch. 95 1/2, par. 12-217)
Sec. 12-217.
Special lighting equipment for interstate transportation
authority. (a) Notwithstanding any other provisions of this Chapter, an
interstate transportation authority, as defined in this Section, in
addition to headlights and other required or authorized lighting, may affix
to the top front of its buses, 2 sets of lights, each containing up to 5
stationary lights, of different colors, including the colors white, yellow,
blue, green and purple, and excepting, however, the color red. Such lights
shall be located symmetrically above the windshield with one set of lights
on each side of the headsign and may reflect an intensity of up to 64
candlepower each. Provided further however, that normally no more than 3
of such colored lights on each set of lights may be on or displayed at any
one time. Such lights shall be stationary only, and shall not be
oscillating, rotating, or flashing. The lights shall be displayed only on
the top front of such buses, lighted in various combinations to indicate
the route, the destination, and the express or local nature of the service.
(b) As used herein, the term "interstate transportation authority" shall
mean any body, agency, entity, or political subdivision created by compact
between Illinois and another state, which is a body corporate and politic,
and which operates a public mass transportation or transit system.
(Source: P.A. 85-1144.)
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(625 ILCS 5/12-218) Sec. 12-218. Auxiliary accent lighting on motorcycles. (a) A motorcycle registered in this State may be equipped with, and a person operating the motorcycle may use, standard bulb running lights or light-emitting diode (L.E.D.) pods and strips as auxiliary lighting with the intent of protecting the driver. (b) Auxiliary lighting authorized under subsection (a) of this Section: (1) shall not project a beam of light of an | ||
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(2) shall not be directed horizontally; (3) shall be so directed that no part of the beam | ||
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(4) shall be directed towards the ground; (5) shall not emit blue light, but may emit red | ||
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(6) shall not be: (A) blinking; (B) flashing; (C) oscillating; or (D) rotating; and (7) shall not be attached to the wheels of the | ||
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(Source: P.A. 103-374, eff. 1-1-24.) |
(625 ILCS 5/12-218.5) Sec. 12-218.5. Optional lighting on motorcycles. (a) A motorcycle may be equipped with 2 forward facing electric turn signals mounted on or near the handlebar grip assembly, or on the front fork assembly, or front fender shroud. The lamps shall be mounted on the same level and as widely spaced laterally as practicable, and when signaling, shall emit a white or amber light. (b) A motorcycle may be equipped with 2 forward facing electric driving lights which display a steady-on white or amber light. These lights may be in addition to but not in lieu of the required lamps on motorcycles under Section 12-201 and may be used either when the provisions of Section 12-201 are required or not required. The driving lights under this subsection (b) may by the same lamp housing specified under subsection (a) which shall only be actuated to a flashing signal to comply with the requirements of Section 12-208.(Source: P.A. 103-374, eff. 1-1-24.) |
(625 ILCS 5/Ch. 12 Art. III heading) ARTICLE III.
BRAKES
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(625 ILCS 5/12-301) (from Ch. 95 1/2, par. 12-301)
Sec. 12-301. Brakes.
(a) Brake equipment required.
1. Every motor vehicle, other than a motor-driven | ||
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2. Every motor-driven cycle when operated upon a | ||
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3. Every antique vehicle shall be equipped with the | ||
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4. Except as provided in paragraph 4.1, every trailer | ||
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4.1. Every boat trailer of a gross weight of over | ||
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5. Every motor vehicle, expanded-use antique vehicle, | ||
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(b) Performance ability of brakes.
1. The service brakes upon any motor vehicle or | ||
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2. Under the above conditions the hand brake shall be | ||
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3. Under the above conditions the service brakes upon | ||
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4. All braking distances specified in this Section | ||
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5. All brakes shall be maintained in good working | ||
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6. Brake assembly requirements for mobile homes shall | ||
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(c) (Blank).
(Source: P.A. 96-487, eff. 1-1-10; 97-412, eff. 1-1-12.)
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(625 ILCS 5/12-302) (from Ch. 95 1/2, par. 12-302)
Sec. 12-302.
Brake fluid.
No person shall sell, offer for sale or distribute brake fluid for use
on motor vehicles for repair purposes unless such fluid conforms to
specifications prescribed by the Department.
(Source: P.A. 78-748.)
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(625 ILCS 5/Ch. 12 Art. IV heading) ARTICLE IV.
TIRES
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(625 ILCS 5/12-401) (from Ch. 95 1/2, par. 12-401)
Sec. 12-401. Restriction as to tire equipment. No metal tired vehicle,
including tractors, motor vehicles of the second division, traction engines
and other similar vehicles, shall be operated over any improved highway
of this State, if such vehicle has on the periphery of any of the road wheels
any block, stud, flange, cleat, ridge, lug or any projection of metal
or wood which projects radially beyond the tread or traffic surface
of the tire. This prohibition does not apply
to pneumatic tires with metal studs used on vehicles operated by rural
letter carriers who are employed or enjoy a contract with the United
States Postal Service for the purpose of delivering mail if such vehicle
is actually used for such purpose during operations between November
15 of any year and April 1 of the following year, or to motor vehicles
displaying a disability license plate or a license plate for veterans with disabilities whose
owner resides in an unincorporated area located upon a county or township
highway or road and possesses a valid driver's license and operates
the vehicle with such tires only during the period heretofore described,
or to tracked type motor vehicles when that part of the vehicle coming in
contact with the road surface does not contain any projections of any kind
likely to injure the surface of the road; however, tractors, traction engines,
and similar vehicles may be operated which have upon their road wheels
V-shaped, diagonal or other cleats arranged in such a manner as to be
continuously in contact with the road surface, provided that the gross weight
upon such wheels per inch of width of such cleats in contact with the road
surface, when measured in the direction of the axle of the vehicle, does not
exceed 800 pounds.
All motor vehicles and all other vehicles in tow thereof, or thereunto
attached, operating upon any roadway, shall have tires of rubber or some
material of equal resiliency. Solid tires shall be considered defective and
shall not be permitted to be used if the rubber or other material has been
worn or otherwise reduced to a thickness of less than three-fourths of an
undue vibration when the vehicle is in motion or to cause undue
concentration of the wheel load on the surface of the road. The
requirements of this Section do not apply to agricultural tractors or
traction engines or to agricultural machinery, including wagons being
used for agricultural purposes in tow thereof, or to road rollers or road
building machinery operated at a speed not in excess of 10 miles per
hour. All motor vehicles of the second division, operating upon any
roadway shall have pneumatic tires, unless exempted herein.
Nothing in this Section shall be deemed to prohibit the use of tire
chains of reasonable proportion upon any vehicle when required for
safety because of snow, ice or other conditions tending to cause a vehicle
to skid.
(Source: P.A. 99-143, eff. 7-27-15.)
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(625 ILCS 5/12-402) (from Ch. 95 1/2, par. 12-402)
Sec. 12-402.
Sale or lease of siped or regrooved pneumatic tire.
No person
or organization shall sell or lease or offer for sale or lease, for use
on a highway, any pneumatic tire, either original tread or retread, on which
the tread is siped or regrooved to a depth equal to or deeper than the molded
groove depth, unless the tire was constructed or retreaded with sufficient
tread material and type of labels to permit such siping or regrooving.
Such labels and siping or regrooving shall be in compliance with Part 569
of Title 49 of the Code of Federal Regulations, and after siping or regrooving
the tire shall conform to that Part.
For the purpose of this Article, siped shall mean cut without removing
material, and regrooved shall mean the tread groove pattern is renewed,
or a new pattern generated, or both, without additional tread material being added.
(Source: P.A. 83-213.)
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(625 ILCS 5/12-403) (from Ch. 95 1/2, par. 12-403)
Sec. 12-403.
Sale or lease of retreaded or "recapped" pneumatic tire.
No person or organization shall sell or lease or offer for sale or lease,
for use on a highway, any pneumatic tire produced or rebuilt by a process
in which tread material is attached to a used tire, unless the tire, tread
material, labelling and certification, before and after processing, conform
to Part 571.117 of Title 49 of the Code of Federal Regulations.
(Source: P.A. 83-213.)
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(625 ILCS 5/12-404) (from Ch. 95 1/2, par. 12-404)
Sec. 12-404.
Sale or lease of pneumatic tire without marking.
No person
or organization shall sell or lease or offer for sale or lease, for use
on a highway, any pneumatic tire that does not bear the special marking
required by this Section.
(a) Regrooved or siped tire. In addition to the identification, labelling
and certification required under Section 12-402, either the word "regrooved"
or the word "siped" shall be branded on each side of a pneumatic tire on
which the tread is either regrooved or siped, as the case may be. In the
case of a tire that is both regrooved and siped, the word "regrooved" alone
on each side shall suffice, although both words may appear on each side.
Each branding shall be conspicuous but shall be sized, located and applied
so as not to weaken or damage the tire or otherwise degrade the performance
of the tire or shorten its useful life.
(b) Retreaded tire. In addition to the labelling, identification, certification
and other marking required under Section 12-403, the word "retreaded" shall
be branded or molded into or onto each side of a pneumatic tire that has
been retreaded or "recapped". Each molding or branding shall be conspicuous
but shall be sized, located and applied so as not to weaken or damage the
tire or otherwise degrade the performance of the tire or shorten its useful life.
(c) New tire. The labelling, identification, certification and other
marking required by Part 571.109 of Title 49 of the Code of Federal Regulations
shall appear on each new pneumatic tire intended for use on a passenger
car other than a multipurpose passenger vehicle. The labelling, identification,
certification and other marking required by Part 571.119 of Title 49 of
the Code of Federal Regulations shall appear on each new pneumatic tire
intended for use on either a multipurpose passenger vehicle or other type
of vehicle that is not a passenger car.
(Source: P.A. 83-213.)
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(625 ILCS 5/12-405) (from Ch. 95 1/2, par. 12-405)
Sec. 12-405.
Operating condition of pneumatic tires.
(a) Definition. The term "spare tire" as used in
this Section 12-405
means any new, used or specially constructed tire that is either carried
or installed for short term emergency use.
(b) Promulgated Rules. The Department shall promulgate rules concerning
unsafe operating
conditions of pneumatic tires. The rules shall be
enforced by police officers by visual inspection of
tires, including visual comparison with simple
measuring scales or gauges. The rules shall include precepts and standards
for determining unsafe conditions, including the determination of an effective
depth of tread groove, and shall
be based upon, to the extent that
it is reasonable and practical, all provisions set forth in paragraph (d)
of this Section.
(c) Use of Unsafe Tire. 1. No person or organization shall place,
drive or move, or
cause or allow to be placed, driven or moved, on
a highway of this
State, any vehicle equipped with one or more pneumatic tires deemed
to be unsafe under a provision of paragraph (d) of
this Section or a rule promulgated under paragraph (b) of this Section.
2. Exemptions. Any restriction stated in this paragraph (c) shall not apply:
(i) To a tire on a damaged, disabled, abandoned, or other unsafe or unwanted
vehicle being legally towed, pushed or otherwise transferred to a repair,
relocation, storage, salvage, junking, or other collection site;
(ii) To a tire on a racing or other competitive vehicle being legally
moved or transported, not under its own power, to a lawful competition site
or to a bona fide testing site; or
(iii) To a spare tire either carried or in short term emergency use for
only such distance or time as is reasonably necessary to accomplish the
repair or replacement of the damaged or unsafe tire for which the spare
was substituted.
(d) Criteria for Unsafe Pneumatic Tires. A pneumatic tire shall
be deemed to be unsafe if it has:
1. Any part of a ply or cord exposed;
2. A tread or sidewall crack, cut, snag, or other surface interruption
deep enough to expose a ply or cord;
3. Any bulge, knot, or separation;
4. Tread wear indicators flush with the tread outer surface in any 2 or
more adjacent tread grooves at 3 locations approximately equally spaced
around the circumference of the
tire;
5. A depth of tread groove less than 2/32
of an inch or less than 1/32 of an inch if on a motorcycle or truckster,
measured in any 2 or more adjacent tread grooves at 3 locations approximately
equally
spaced around the circumference of the tire, at least one of which, in the
judgment of the inspecting officer, is a location at which the tread is
thinnest, provided that any measurement over a tie
bar, tread wear indicator, hump or
fillet is excluded;
6. A depth of tread groove less than 4/32 of an inch at any one location
and the tire is mounted on the front wheel of a motor vehicle subject to
the provisions of Chapter 18B of this Code, provided that any measurement
over a tie bar, tread wear indicator, hump or fillet is excluded;
7. A marking which indicates that the tire is not intended for use on a
public highway;
8. Been regrooved or recut below the bottom of an original
tread groove, except in the case of a
special "regroovable" tire that was manufactured
or retreaded with thick undertread, identified and regrooved in compliance
with the applicable federal standard in Title 49 of the Code of Federal
Regulations, and in compliance with each applicable Section of this Code; or
9. Other condition, marking or lack of marking that may be reasonably
demonstrated to
identify the tire as unsuitable for highway use, including inflation,
load, speed or installation condition seriously
incompatible with the tire size, construction, or other pertinent marking
or feature.
(e) Sale, Lease or Installation of Pneumatic Tires. 1. No
person or organization shall sell, lease, or offer for sale or lease,
or mount, install, or cause or allow to be mounted or installed,
for use on a highway, any pneumatic tire deemed
to be unsafe under paragraph (d) of this Section or under a rule
promulgated under paragraph (b) of this Section. Except as provided in
paragraph (c) of this Section, any person or organization offering
a vehicle for sale or lease shall, prior to its being placed, driven
or moved on a
highway, correct any unsafe tire condition.
2. No person or organization shall sell, lease, or offer for sale or
lease, for highway use, any pneumatic tire, or any vehicle equipped with
a pneumatic tire, which has a depth of tread groove less than 3/32 of an
inch; except a pneumatic tire on a motorcycle or truckster may have a depth
of tire groove of not less than 2/32 of an inch. Groove depth shall not
be measured where a tie bar, tread wear indicator, hump or fillet is located.
(f) Compliance and Enforcement. Any police officer, upon reasonable
cause to believe that a person or organization has acted or is acting in
violation of any provision of this Section, shall require the driver,
owner, or other appropriate
custodian to submit the tire or tires to an inspection. When so required,
the owner or other appropriate
custodian shall allow the tire inspection and the driver of a vehicle
or combination of vehicles shall stop at a designated
location and allow the tire or tires to be inspected
or shall move the vehicle or combination to
a location that is reasonably convenient and is suitable for such inspection.
(Source: P.A. 83-213.)
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(625 ILCS 5/12-407) (from Ch. 95 1/2, par. 12-407)
Sec. 12-407.
Rules and regulations.
The Department may promulgate rules
and regulations to clarify or specify the requirements of this Article IV.
(Source: P.A. 83-213.)
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(625 ILCS 5/Ch. 12 Art. V heading) ARTICLE V.
GLASS, WINDSHIELDS AND MIRRORS
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(625 ILCS 5/12-500) (from Ch. 95 1/2, par. 12-500)
Sec. 12-500.
(Repealed).
(Source: P.A. 77-37. Repealed by P.A. 90-89, eff. 1-1-98.)
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(625 ILCS 5/12-501) (from Ch. 95 1/2, par. 12-501)
Sec. 12-501. Windshields and
safety glazing material in motor vehicles.
(a) Every motor vehicle operated upon the highways of this State shall
be equipped with a front windshield which complies with those standards as
established pursuant to this Section and Section 12-503 of this Code. This
subsection shall not apply to motor vehicles designed and used exclusively
for off-highway use, motorcycles, motor-driven cycles, motorized
pedalcycles, nor to motor vehicles registered as antique vehicles, expanded-use antique vehicles, custom
vehicles, or street rods when the
original design of such vehicles did not include front windshields.
(b) No person shall knowingly sell any 1936 or later model motor vehicle
unless such vehicle is equipped with safety glazing material conforming to
specifications prescribed by the Department wherever glazing material is
used in doors, windows and windshields.
Regulations promulgated by the Department specifying standards for safety
glazing material on windshields shall, as a minimum, conform with those
applicable
Federal Motor Vehicles Safety Standards (49 CFR 571.205).
These provisions apply to all motor
vehicles of the first and second division but with respect to trucks,
including truck tractors, the requirements as to safety glazing material
apply to all glazing material used in doors, windows and windshields in the
drivers' compartments of such vehicles.
(c) It is unlawful for the owner or any other person knowingly to
install or cause to be installed in any motor vehicle any glazing material
other than safety glazing material conforming to the specifications
prescribed by the Department.
(Source: P.A. 97-412, eff. 1-1-12.)
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(625 ILCS 5/12-502) (from Ch. 95 1/2, par. 12-502)
Sec. 12-502.
Mirrors.
Every motor vehicle, operated singly or when towing another vehicle,
shall be equipped with a mirror 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.
(Source: P.A. 82-122.)
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(625 ILCS 5/12-503) (from Ch. 95 1/2, par. 12-503)
Sec. 12-503. Windshields must be unobstructed and equipped with wipers.
(a) No person shall drive a motor vehicle with any sign, poster, window
application, reflective material, nonreflective material, or tinted film
upon the front windshield, except that a nonreflective tinted film may be used along
the uppermost portion of the windshield if such material does not extend
more than 6 inches down from the top of the windshield.
(a-3) No new or used motor vehicle dealer shall permit a driver to drive a motor vehicle offered for sale or lease off the premises where the motor vehicle is being offered for sale or lease, including when the driver is test driving the vehicle, with signs, decals, paperwork, or other material on the front windshield or on the windows immediately adjacent to each side of the driver that would obstruct the driver's view in violation of subsection (a) of this Section. For purposes of this subsection (a-3), "test driving" means when a driver, with permission of the new or used vehicle dealer or employee of the new or used vehicle dealer, drives a vehicle owned and held for sale or lease by a new or used vehicle dealer that the driver is considering to purchase or lease. (a-5) No window treatment or tinting shall be applied to the windows immediately adjacent to each side of the driver, except: (1) On vehicles where none of the windows to the | ||
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(2) On vehicles where none of the windows to the | ||
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(3) (Blank). (4) On vehicles where a nonreflective smoked or | ||
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(a-10) No person shall install or repair any material prohibited by subsection (a) of this Section. (1) Nothing in this subsection shall prohibit a | ||
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(2) Nothing in this subsection shall prohibit a | ||
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(b) On motor vehicles where window treatment has not been applied to the windows immediately adjacent to each side of the driver, the use of a
perforated
window screen or other decorative window application on windows to the rear
of the driver's seat shall be allowed. (b-5) Any motor vehicle with a window to the
rear of the driver's seat treated in this manner shall be equipped with a
side mirror on each side of the motor vehicle which are in conformance with
Section 12-502.
(c) No person shall drive a motor vehicle with any objects placed or
suspended between the driver and the rear
window, side wings, or side windows immediately adjacent to each side of
the driver which materially obstructs the driver's view.
(c-5) No person shall drive a motor vehicle with any objects placed or suspended between the driver and the front windshield which materially obstruct the driver's view. No motor vehicle, or driver or passenger of such vehicle, shall be stopped or searched by any law enforcement officer solely on the basis of a violation or suspected violation of this subsection. (d) Every motor vehicle, except motorcycles, shall be equipped with a
device, controlled by the driver, for cleaning rain, snow, moisture, or other
obstructions from the windshield; and no person shall drive a motor vehicle
with snow, ice, moisture, or other material on any of the windows or
mirrors, which materially obstructs the driver's clear view of the highway.
(e) No person shall drive a motor vehicle when the windshield, side, or
rear windows are in such defective condition or repair as to materially
impair the driver's view to the front, side, or rear. A vehicle equipped
with a side mirror on each side of the vehicle which are in conformance
with Section 12-502 will be deemed to be in compliance in the event the
rear window of the vehicle is materially obscured.
(f) Subsections (a), (a-5), (b), and (b-5) of this Section shall not apply to:
(1) (Blank).
(2) those motor vehicles properly registered in | ||
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(g) Subsections (a) and (a-5) of this Section shall not apply to window treatment, including, but not limited to, a window application,
nonreflective material, or tinted film, applied or affixed
to a motor vehicle for which distinctive license plates or license plate stickers have been issued pursuant to subsection (k) of Section 3-412 of this Code, and which:
(1) is owned and operated by a person afflicted with | ||
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(2) is used in transporting a person when the person | ||
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The owner must obtain a certified statement or letter | ||
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Such certification must be carried in the motor | ||
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(g-5) (Blank). (g-7) Installers shall only install window treatment authorized by subsection (g) on motor vehicles for which distinctive plates or license plate stickers have been issued pursuant to subsection (k) of Section 3-412 of this Code. The distinctive license plates or plate sticker must be on the motor vehicle at the time of window treatment installation. (h) Subsection (a) of this Section shall not apply to motor vehicle
stickers or other certificates issued by State or local authorities which
are required to be displayed upon motor vehicle windows to evidence
compliance with requirements concerning motor vehicles.
(i) (Blank).
(j) A person found guilty of violating subsection (a), (a-3), (a-5), (a-10), (b), (b-5), or (g-7) of this
Section shall be guilty of a petty offense and fined no less than $50 nor more
than $500. A second or subsequent violation of subsection (a), (a-3), (a-5), (a-10), (b), (b-5), or (g-7) of
this Section shall be treated as a Class C misdemeanor and the violator fined
no less than $100 nor more than $500. Any person convicted under subsection
(a), (a-5), (b), or (b-5) of this Section shall be ordered to alter any
nonconforming windows into compliance with this Section.
(k) Except as provided in subsection (a-3) of this Section, nothing in this
Section shall create a cause of action on behalf of a buyer against a
vehicle dealer or manufacturer who sells a motor vehicle with a window which is in
violation of this Section. (l) The Secretary of State shall provide a notice of the requirements of this Section to a new resident applying for vehicle registration in this State pursuant to Section 3-801 of this Code. The Secretary of State may comply with this subsection by posting the requirements of this Section on the Secretary of State's website. (m) A home rule unit may not regulate motor vehicles in a manner inconsistent with this Section. This Section 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. 102-111, eff. 1-1-22; 103-32, eff. 1-1-24.)
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(625 ILCS 5/Ch. 12 Art. VI heading) ARTICLE VI.
MISCELLANEOUS REQUIREMENTS
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(625 ILCS 5/12-600) (from Ch. 95 1/2, par. 12-600)
Sec. 12-600.
(Repealed).
(Source: P.A. 86-498. Repealed by P.A. 90-89, eff. 1-1-98.)
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(625 ILCS 5/12-601) (from Ch. 95 1/2, par. 12-601)
Sec. 12-601. Horns and warning devices.
(a) Every motor vehicle when
operated upon a highway shall be equipped with a horn in good working order
and capable of emitting sound audible under normal conditions from a distance
of not less than 200 feet, but no horn or other warning device shall emit an
unreasonable loud or harsh sound or a whistle. The driver of a motor vehicle
shall when reasonably necessary to insure safe operation give audible warning
with his horn but shall not otherwise use such horn when upon a highway.
(b) No vehicle shall be equipped with nor shall any person use upon a
vehicle
any siren, whistle, or bell, except as otherwise permitted in this Section.
Any authorized emergency vehicle or organ transport vehicle as defined in
Chapter 1 of this Code or a vehicle operated by a fire chief, deputy fire chief, assistant fire chief, or the Director or Coordinator of a municipal or county emergency services and disaster agency may be
equipped with a siren, whistle, or bell capable of emitting sound audible
under normal conditions from a distance of not less than 500 feet, but such
siren, whistle, or bell shall not be used except when such vehicle is operated
in response to an emergency call or in the immediate pursuit
of an actual or
suspected violator of the law in either of which events the driver of such
vehicle shall sound such siren, whistle, or bell when necessary to warn
pedestrians and other drivers of the approach thereof.
(c) Trackless trolley coaches, as defined by Section 1-206 of this Code,
and replica trolleys, as defined by Section 1-171.04 of this Code, may
be equipped with a bell or bells in lieu of a horn, and may, in addition to
the requirements of subsection (a) of this Section, use a bell or bells for the
purpose of indicating arrival or departure at designated stops during the hours
of scheduled operation.
(Source: P.A. 102-448, eff. 1-1-22.)
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(625 ILCS 5/12-601.1)
Sec. 12-601.1. Traffic control signal preemption devices.
(a) As used in this Section, "traffic control signal preemption device"
means any
device,
either mechanical or electrical, that emits a pulse of light or other signal
that, when
received by a detector attached to a traffic control signal, changes that
traffic control signal to a green
light or, if the traffic control signal is already green, extends the duration
of the green
light.
(b) Except as provided in subsection (d), a traffic control signal
preemption
device may not be installed on a motor vehicle, may not be transported in the
passenger compartment of a motor vehicle, and may not be operated by the
driver or passenger of a motor vehicle.
Violation of this subsection (b) is a Class A misdemeanor, punishable by
a fine of $1,000 in addition to any other penalty that may be imposed.
(c) A retailer or manufacturer may not sell a traffic control signal
preemption device to any person or entity for any intended use other than
operation as permitted under subsection (d).
Violation of this subsection (c) is a Class A misdemeanor, punishable by a
fine of $5,000 for each sale of each device, in addition to any other penalty
that may be imposed.
(d) Installation of a traffic control signal preemption device is permitted
on the
following vehicles, and operation of the device is permitted as follows:
(1) Police department vehicles, when responding to a | ||
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(2) Law enforcement vehicles of State or local | ||
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(3) Vehicles of local fire departments, fire | ||
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(4) Vehicles that are designed and used exclusively | ||
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(5) Vehicles that are equipped and used exclusively | ||
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(6) Vehicles of the Illinois Emergency Management | ||
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(7) Commuter buses owned by any political subdivision | ||
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(8) Vehicles used for snow removal owned by any | ||
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(e) This Section does not prohibit use by motorcycles of electronic or
magnetic safety devices designed to allow traffic control signal systems to
recognize or detect motorcycles.
(Source: P.A. 102-842, eff. 1-1-23.)
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(625 ILCS 5/12-601.2)
Sec. 12-601.2. (Repealed).
(Source: P.A. 94-373, eff. 1-1-06. Repealed by P.A. 99-576, eff. 7-15-16.)
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(625 ILCS 5/12-602) (from Ch. 95 1/2, par. 12-602)
Sec. 12-602.
Mufflers, prevention of noise.
Every motor vehicle driven or operated upon the highways of this State
shall at all times be equipped with an adequate muffler or exhaust system
in constant operation and properly maintained to prevent any excessive or
unusual noise. No such muffler or exhaust system shall be equipped with a
cutout, bypass or similar device. No person shall modify the exhaust system
of a motor vehicle in a manner which will amplify or increase the noise of
such vehicle above that emitted by the muffler originally installed on the
vehicle, and such original muffler shall comply with all the requirements
of this Section.
(Source: P.A. 77-37.)
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(625 ILCS 5/12-602.1)
Sec. 12-602.1. Excessive engine braking noise signs. (a) A county or municipality may post signs that prohibit the driver of a commercial vehicle, as defined in Section 1-111.8 of this Code, from operating or actuating any engine braking system that emits excessive noise. The Department of Transportation may erect and maintain
the signs on interstate highways near weigh stations that
are adjacent to residential areas or communities. (b) The sign shall state, "EXCESSIVE ENGINE BRAKING NOISE PROHIBITED". The Department of Transportation shall adopt rules providing for the
erection and placement of these signs. (c) This Section does not apply to the use of an engine braking system that has an adequate sound muffling system in proper working order that prevents excessive noise. (d) It is a defense to this Section that the driver used an engine braking system that emits excessive noise in an emergency to avoid a collision with a person or another vehicle on the highway. (e) A violation of this Section is an equipment violation punishable by a fine of $75.
(Source: P.A. 96-523, eff. 1-1-10.) |
(625 ILCS 5/12-603) (from Ch. 95 1/2, par. 12-603)
Sec. 12-603.
Seat safety belts.
(a) No person shall sell any 1965 or later model motor vehicle of the
first division unless the front seat of such motor vehicle is equipped with
2 sets of seat safety belts. Motorcycles are exempted from the provisions
of this Section.
(b) No person shall operate any 1965 or later model motor
vehicle of the
first division that is titled or licensed by the Secretary of State unless
the front seat of such motor vehicle is equipped with 2 sets of seat safety
belts.
(b-5) No person 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,
except that each driver
under the age of 18 years operating a second division vehicle having a gross
vehicle weight rating of 8,000 pounds or less that contains only a front seat
may operate the vehicle with more than one passenger in the front seat,
provided that each passenger is wearing a properly adjusted and fastened seat
safety belt.
(c) (Blank).
(d) The Department shall establish performance specifications for seat
safety belts and for the attachment and installation thereof.
(Source: P.A. 89-120, eff. 7-7-95; 90-89, eff. 1-1-98; 90-369, eff. 1-1-98;
90-655, eff. 7-30-98.)
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(625 ILCS 5/12-603.1) (from Ch. 95 1/2, par. 12-603.1)
Sec. 12-603.1. Driver and passenger required to use safety belts,
exceptions and penalty. (a) Each driver and passenger of a motor vehicle operated on a
street or highway in this State shall wear a properly adjusted and
fastened seat safety belt. A child less than 8 years of age shall
be protected as required pursuant to the Child Passenger Protection Act.
Each driver of a motor vehicle transporting a child 8 years of age or
more, but less than 16 years of age,
shall secure the child in a properly adjusted and fastened seat safety belt as required under the Child Passenger Protection Act. Each driver of a motor vehicle transporting a passenger who is unable, due to infirmity, illness, or age, to properly adjust and
fasten a seat
safety belt and is not exempted from wearing a seat safety belt under subsection (b)
shall secure the passenger in a properly adjusted and fastened seat safety belt as required under this Section.
(b) Paragraph (a) shall not apply to any of the following:
1. A driver or passenger frequently stopping and | ||
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2. A driver or passenger possessing a written | ||
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3. A driver or passenger possessing an official | ||
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4. A driver operating a motor vehicle in reverse.
5. A motor vehicle with a model year prior to 1965.
6. A motorcycle or motor driven cycle.
7. A moped.
8. A motor vehicle which is not required to be | ||
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9. A motor vehicle operated by a rural letter carrier | ||
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10. A driver or passenger of an authorized emergency | ||
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11. A back seat passenger of a taxicab. (c) Failure to wear a seat safety belt in violation of this Section
shall not be considered evidence of negligence, shall not limit the
liability of an insurer, and shall not diminish any recovery for damages
arising out of the ownership, maintenance, or operation of a motor vehicle.
(d) A violation of this Section shall be a petty offense and subject to a
fine not to exceed $25.
(e) (Blank).
(f) A law enforcement officer may not search or inspect a motor vehicle,
its contents, the driver, or a passenger solely because of a violation of this
Section.
(Source: P.A. 97-16, eff. 1-1-12; 97-333, eff. 8-12-11; 98-451, eff. 8-16-13.)
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(625 ILCS 5/12-604)
Sec. 12-604. (Repealed).
(Source: P.A. 88-415. Repealed by P.A. 94-185, eff. 1-1-06.)
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(625 ILCS 5/12-604.1) Sec. 12-604.1. Video devices. (a) A person may not operate a motor vehicle if a television receiver, a video monitor, a television or video screen, or any other similar means of visually displaying a television broadcast or video signal that produces entertainment or business applications is operating and is located in the motor vehicle at any point forward of the back of the driver's seat, or is operating and visible to the driver while driving the motor vehicle.
(a-5) A person commits aggravated use of a video device when he or she violates subsection (a) and in committing the violation he or she was involved in a motor vehicle crash that results in great bodily harm, permanent disability, disfigurement, or death to another and the violation was a proximate cause of the injury or death. (b) This Section does not apply to the following equipment, whether or not permanently installed in a vehicle:
(1) a vehicle information display;
(2) a global positioning display;
(3) a mapping or navigation display;
(4) a visual display used to enhance or supplement | ||
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(5) television-type receiving equipment used | ||
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(6) a television receiver, video monitor, television | ||
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(c) This Section does not apply to a mobile, digital terminal installed in an authorized emergency vehicle, a motor vehicle providing emergency road service or roadside assistance, or to motor vehicles utilized for public transportation. (d) This Section does not apply to a television receiver, video monitor, television or video screen, or any other similar means of visually displaying a television broadcast or video signal if: (i) the equipment is permanently installed in the motor vehicle; and (ii) the moving entertainment images that the equipment displays are not visible to the driver while the motor vehicle is in motion. (d-5) This Section does not apply to a video event recorder, as defined in Section 1-218.10 of this Code, installed in a contract carrier vehicle. (e) Except as provided in subsection (f) of this Section, a person convicted of violating this Section is guilty of a petty offense and shall be fined not more than $100 for a first offense, not more than $200 for a second offense within one year of a previous conviction, and not more than $250 for a third or subsequent offense within one year of 2 previous convictions.
(f) A person convicted of violating subsection (a-5) commits a Class A misdemeanor if the violation resulted in great bodily harm, permanent disability, or disfigurement to another. A person convicted of violating subsection (a-5) commits a Class 4 felony if the violation resulted in the death of another person. (Source: P.A. 102-982, eff. 7-1-23.) |
(625 ILCS 5/12-604.3) Sec. 12-604.3. Video event recorder notice. A contract carrier vehicle carrying passengers that is equipped with a video event recorder shall have a notice posted in a visible location stating that a passenger's conversation may be recorded. Any data recorded by a video event recorder shall be the sole property of the registered owner or lessee of the contract carrier vehicle.
(Source: P.A. 99-689, eff. 1-1-17.) |
(625 ILCS 5/12-605) (from Ch. 95 1/2, par. 12-605)
Sec. 12-605.
Taxicabs-Bullet proof shields.
In municipalities with 1,000,000 or more population, any taxicab
manufactured, owned or operated after September 1, 1970, and regularly
operated in such a municipality must have a bullet proof shield
completely separating the driver's seat from the back seat.
(Source: P.A. 80-911.)
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(625 ILCS 5/12-605.1) (from Ch. 95 1/2, par. 12-605.1)
Sec. 12-605.1.
(a) On or after two years from the effective date of this
Act, no bus which was first placed in service after July 1, 1969, or which
has undergone complete renovation and restoration since July 1, 1969 shall
be operated as a part of any local mass transit system in this State unless
the vehicle is equipped with radio facilities permitting two-way vocal
communications
between the bus and a local transit control office. This Section does not apply to buses used for charter
service, school buses, intrastate carriers while not providing transportation
services pursuant to contracts with any local mass transit system, private
non-profit carriers receiving assistance under Section 16(b)2 of the Urban
Mass Transportation Act of 1964 as amended, carriers receiving assistance
pursuant to Article III of the Downstate Public Transportation Act, or
interstate
carriers and buses owned by a private local mass transit system;
(b) A local mass transit system operating a bus not in compliance
with the requirements of subsection (a) shall not be in violation of that
subsection, provided that the bus is brought into compliance within a
reasonable
time (in no event to exceed 1 week) following written notification to the
mass transit system of the fact that the bus is not in compliance.
(Source: P.A. 90-89, eff. 1-1-98.)
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(625 ILCS 5/12-605.2) (from Ch. 95 1/2, par. 12-605.2)
Sec. 12-605.2.
Beginning 30 days after the effective date of this
amendatory Act of 1988, no person shall consume any food or drink,
excluding any medicine, upon any bus operated as a part of any local mass
transit system in this State. This Section does
not apply to buses used for charter service, school buses, intrastate
carriers while not providing transportation services pursuant to contracts
with any local mass transit system, and private non-profit carriers.
Persons found guilty of violating this Section shall be fined $100.
(Source: P.A. 90-89, eff. 1-1-98.)
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(625 ILCS 5/12-606) (from Ch. 95 1/2, par. 12-606)
Sec. 12-606. Tow trucks; identification; equipment; insurance.
(a) Every tow truck, except those owned by governmental agencies, shall
have displayed on each side thereof, a sign with letters not less than 2
inches in height, contrasting in color to that of the background, stating
the full legal name, complete address (including street address and
city), and telephone number of the owner or operator thereof.
This information shall be permanently affixed to the sides of the tow
truck.
(b) Every tow truck shall be equipped with:
(1) One or more brooms and shovels;
(2) One or more trash cans of at least 5 gallon | ||
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(3) One fire extinguisher. This extinguisher shall | ||
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(i) of the dry chemical or carbon dioxide type | ||
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(ii) One that meets the requirements of the | ||
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(c) Every owner or operator and driver of a tow truck shall comply with
Section 11-1413 of this Code and shall remove or cause to be removed all
glass and debris, except any (i) hazardous substance as defined in Section
3.215 of the Environmental Protection Act, (ii) hazardous waste as
defined in Section 3.220 of the Environmental Protection Act, and
(iii) medical samples or waste, including but not limited to any blood samples,
used syringes, other used medical supplies, or any other potentially infectious
medical waste as defined in Section 3.360 of the Environmental
Protection Act, deposited upon any street or highway by the disabled vehicle
being serviced, and shall in addition, spread dirt or sand or oil absorbent
upon that portion of any street or highway where oil or grease has been
deposited by the disabled vehicle being serviced.
(d) Every tow truck operator shall in addition file an indemnity bond,
insurance policy, or other proof of insurance in a form to be prescribed
by the Secretary for: garagekeepers liability insurance, in an amount
no less than a combined single limit of $500,000, and truck (auto)
liability insurance in an amount no less than a combined single limit of
$500,000, on hook coverage or garagekeepers coverage in an amount of no less
than $25,000 which shall indemnify or
insure the tow truck operator for the following:
(1) Bodily injury or damage to the property of others.
(2) Damage to any vehicle towed by the tower.
(3) In case of theft, loss of, or damage to any | ||
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(4) In case of injury to or occupational illness of | ||
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Any such bond or policy shall be issued only
by a bonding or insuring firm authorized to do business as such in
the State of Illinois, and a certificate of such bond or policy shall be
carried in the cab of each tow truck.
(e) The bond or policy required in subsection (d) shall provide that
the insurance carrier may cancel it
by serving previous notice, as required by Sections 143.14 and 143.16 of
the Illinois Insurance Code, in writing, either personally or by
registered mail, upon the owner or operator of the motor vehicle and upon
the Secretary of State. Whenever any such bond or policy shall be so
cancelled, the Secretary of State shall mark the policy "Cancelled" and shall
require such owner or operator either to furnish a new bond or policy, in
accordance with this Act.
(Source: P.A. 100-863, eff. 8-14-18.)
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(625 ILCS 5/12-607) (from Ch. 95 1/2, par. 12-607)
Sec. 12-607.
Suspension System.
(a) It shall be unlawful to operate a motor vehicle on any highway of
this State when the suspension system has been modified from the original
manufactured design by lifting the body from the chassis in excess of 3
inches or to cause the horizontal line from the front to the rear bumper to
vary over 3 inches in height when measured from a level surface of the
highway to the lower edge of the bumper, except that
it is unlawful to operate a
street rod or custom
vehicle
when the suspension system has been modified from the original
manufactured design
so that the
horizontal line from the front to the rear bumper varies
over 7 inches in height when measured from a level surface of the
highway to the lower edge of the bumper.
(b) Nothing in this Section shall prevent the installation of
manufactured heavy duty equipment to include shock absorbers and overload
springs, nor shall anything contained in this Section prevent a person to
operate a motor vehicle on any highway of this State with normal wear of
the suspension system if normal wear does not affect the control or safe
operation of the vehicle. This Section shall not apply to motor vehicles
designed or modified primarily for off-highway racing purposes while such
vehicles are in tow or to motorcycles or motor driven cycles.
(Source: P.A. 92-668, eff. 1-1-03.)
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(625 ILCS 5/12-607.1) (from Ch. 95 1/2, par. 12-607.1)
Sec. 12-607.1.
Frame and floor height.
(a) No person shall operate
upon a highway a first division vehicle which has
a clearance between the frame and ground in excess of 22 inches. The
lowest portion of the body floor shall not be more than 4 inches above the
top of the frame. No such vehicle shall be modified to cause the vehicle
body or chassis to come in contact with the ground, expose the fuel tank to
damage from collision or cause the wheels to come in contact with the body
under normal operation.
(b) No person shall operate upon a highway a second division vehicle
which has a clearance between the frame and ground
which is in excess of the limits specified within this subsection for its
gross vehicle weight rating (GVWR) category. For the purpose of this section,
GVWR means the manufacturer's gross vehicle weight rating whether or not
the vehicle is modified by the use of parts not originally
installed by the manufacturer. The stacking or attaching of vehicle frames
(one frame on top of or beneath another frame) is prohibited. No portion of
the body floor shall be
raised above the frame.
(1) The frame height of second division vehicles, whose GVWR is under
4,500 pounds, shall be no more than 24 inches.
(2) The frame height of second division vehicles, whose GVWR is more
than 4,500 pounds and less than 7,500 pounds, shall be no more than 26 inches.
(3) The frame height of second division vehicles, whose GVWR is more
than 7,500 pounds and less than 10,000 pounds, shall be no more than 28 inches.
(c) Under subsections (a) or (b) of this Section, measurements shall
be made when a vehicle is unladen on a
level surface at the lowest point from the bottom of the original vehicle
manufacturer's
longitudinal frame rail between the front axle and second axle
on the vehicle.
(d) This Section does not apply to specially designed or modified
motor vehicles when operated off the highways. Such motor vehicles may be
transported upon the highway only by use of a trailer or semitrailer. The
specially designed or modified motor vehicle may also be transported upon
another vehicle, providing that the entire weight of the specifically
designed or modified vehicle is resting upon the transporting vehicle.
(e) Any violation of this Section is a Class C misdemeanor. A second
conviction under this Section shall be punished with a fine of not less
than $500. An officer making an arrest under this Section shall order the
vehicle driver to remove the vehicle from the highway. A person convicted
under this Section shall be ordered to bring his vehicle into compliance
with this Section.
(Source: P.A. 90-89, eff. 1-1-98.)
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(625 ILCS 5/12-608) (from Ch. 95 1/2, par. 12-608)
Sec. 12-608. Bumpers.
(a) It shall be unlawful to operate any motor
vehicle with a gross vehicle weight rating of 9,000 pounds or less or
any motor vehicle registered as a recreational vehicle under this Code
on any highway of this State unless such motor vehicle is equipped with
both a front and rear bumper.
Except as indicated below, maximum bumper heights of such motor vehicles
shall be determined by weight category of gross vehicle weight rating (GVWR)
measured from a level surface to the highest point of the bottom of the
bumper when the vehicle is unloaded and the tires are inflated to the
manufacturer's recommended pressure.
Maximum bumper heights are as follows:
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It is unlawful to operate upon any highway of this State any vehicle
with a front bumper height that exceeds 28 inches or a rear bumper height
that exceeds 30 inches, regardless of the GVWR of the vehicle, except those
vehicles covered by Chapter 18b of this Code.
For any vehicle with bumpers or attaching components which have been
modified or altered from the original manufacturer's design in order to
conform with the maximum bumper requirements of this section, the bumper
height shall be measured from a level surface to the bottom of the vehicle
frame rail at the most forward and rearward points of the frame rail. The
bumper on any vehicle so modified or altered shall be at least 4.5 inches
in vertical height and extend no less than the width of the respective
wheel tracks outermost distance.
However, nothing in this Section shall prevent the installation of
bumper guards.
(b) This Section shall not apply to street rods, custom vehicles, motor
vehicles designed or modified
primarily for off-highway purposes while such vehicles are in tow or
to motorcycles or motor driven cycles, nor to
motor vehicles registered as antique vehicles
or expanded-use antique vehicles when the original
design of such antique vehicles or expanded-use antique vehicles did not include bumpers. The provisions of
this
Section shall not apply to any motor vehicle driven during the first 1000
recorded miles of that vehicle, when such vehicle is owned or
operated by a manufacturer, dealer or transporter displaying a special
plate or plates as described in Chapter 3 of this Code while such vehicle
is (1) being delivered from the manufacturing or assembly plant directly to the
purchasing dealer or distributor, or from one dealership or distributor to
another; (2) being moved by the most direct route from one location to
another for the purpose of installing special bodies or equipment; or (3) being
driven for purposes of demonstration by a prospective buyer with the dealer
or his agent present in the cab of the vehicle during the demonstration.
The dealer shall, prior to the receipt of any deposit made or any
contract signed by the buyer to secure the purchase of a vehicle,
inform such buyer, by written statement signed by the purchaser to indicate
acknowledgement of the contents thereof, of the legal requirements of this
Section regarding front and rear bumpers if such vehicle is not to be
equipped with bumpers at the time of delivery.
(c) Any violation of this Section is a Class C misdemeanor. A second
conviction under this Section shall be punishable with a fine of not less
than $500. An officer making an arrest under this Section shall order the
vehicle driver to remove the vehicle from the highway. A person convicted
under this Section shall be ordered to bring his vehicle into compliance
with this Section.
(Source: P.A. 97-412, eff. 1-1-12.)
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(625 ILCS 5/12-609) (from Ch. 95 1/2, par. 12-609)
Sec. 12-609.
(a) No official or employee of the State, any
political subdivision thereof,
any county, municipality, or local authority,
and no
owner or employee of any new vehicle dealer, used vehicle dealer, or vehicle
auctioneer shall
sell, trade or otherwise dispose of any motor
vehicle bearing equipment, markings, or other indicia of police
authority unless, prior to delivery of the vehicle, the equipment and
markings have been sufficiently altered or obliterated to remove the
appearance of such authority.
(b) A person may not operate on the highways of this State a vehicle
bearing the equipment, markings, or other indicia of police authority, unless
the vehicle is an authorized emergency vehicle as defined in Section 1-105 of
this Code.
(c) This Section does not apply to vehicles bearing indicia of police
authority that are antique vehicles, as defined in Section 1-102.1, and are
registered as antique vehicles, as provided in Section 3-804.
(c-5) Nothing in this Section shall prohibit a manufacturer of authorized emergency vehicle equipment, markings, or other indicia, or the manufacturer's representative or authorized vendor, from temporarily mounting
the equipment, markings, or other indicia on a vehicle for demonstration purposes only. If the equipment, markings, or other indicia are not covered while the vehicle is operated upon a highway, the vehicle shall display signage indicating that the vehicle is out of service or not an emergency vehicle. The signage shall be displayed on all sides of the vehicle in letters at least 2 inches tall and one-half inch wide. (d) Any police officer is authorized to seize any vehicle that is in
violation of this Section and to impound that vehicle, at the owner's expense,
until any equipment, markings, or other indicia of police authority have been
sufficiently removed, altered, or obliterated to remove the appearance of
police
authority.
(e) A person convicted of violating this Section is guilty of a petty
offense and subject to a fine of not less than $500 and not more than $1,000.
(Source: P.A. 97-1173, eff. 1-1-14.)
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(625 ILCS 5/12-610) (from Ch. 95 1/2, par. 12-610)
Sec. 12-610. Headset receivers.
(a) Except as provided
under Section 11-1403.3, no driver of a motor vehicle on
the highways of this State shall wear headset receivers while driving.
(b) This Section does not prohibit the use of a headset type
receiving equipment used exclusively for safety or traffic engineering
studies, by law enforcement personnel on duty, or emergency
medical services and fire service personnel.
(c) This Section does not prohibit the use of any single sided headset
type receiving and transmitting equipment designed to be used in or on one
ear which is used exclusively for providing two-way radio vocal
communications by an individual in possession of a current and valid novice
class or higher amateur radio license issued by the Federal Communications
Commission and an amateur radio operator special registration plate or digital registration plate issued
under Section 3-607 of this Code.
(d) This Section does not prohibit the use of a single-sided headset or
earpiece with
a cellular or other mobile telephone.
(Source: P.A. 101-395, eff. 8-16-19.)
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(625 ILCS 5/12-610.1) Sec. 12-610.1. Wireless telephones. (a) As used in this Section, "wireless telephone" means
a device that is capable of transmitting or receiving
telephonic communications without a wire connecting the
device to the telephone network. (b) A person under the age of 19 years who holds an instruction permit issued under Section 6-105 or 6-107.1, or a person under the age of 19 years who holds a graduated license issued under Section 6-107, may not drive a vehicle on a roadway while using a wireless phone.
(b-5) A person under the age of 19 commits aggravated use of a wireless telephone when he or she violates subsection (b) and in committing the violation he or she was involved in a motor vehicle crash that results in great bodily harm, permanent disability, disfigurement, or death to another and the violation was a proximate cause of the injury or death. (c) This Section does not apply to a person under the age of 19 years using a
wireless telephone for emergency purposes, including, but not
limited to, an emergency call to a law enforcement agency,
health care provider, fire department, or other emergency
services agency or entity.
(d) 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 violation, the provisions of paragraph (b) 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 Section 6-107 or Section 12-603.1 of this Code.
(e) A person, regardless of age, may not use a wireless
telephone at any time while operating a motor vehicle on a roadway in a school speed
zone established under Section 11-605, on a highway in a construction or
maintenance speed zone established under Section 11-605.1, or within 500 feet of an emergency scene. As used in this Section, "emergency scene" means a location where an authorized emergency vehicle as defined by Section 1-105 of this Code is
present and has activated its oscillating, rotating, or flashing lights.
This subsection (e) does not apply to (i) a person engaged in a
highway construction or maintenance project for which a
construction or maintenance speed zone has been established
under Section 11-605.1, (ii) a person using a wireless
telephone for emergency purposes, including, but not limited to,
law enforcement agency, health care provider, fire department, or other emergency services agency or entity, (iii) a law enforcement officer or operator of an emergency vehicle when performing the officer's or operator's official duties, (iv) a person using a wireless telephone in voice-operated mode, which may include the use of a headset, (v) a person using a wireless telephone by pressing a single button to initiate or terminate a voice communication, or (vi) a person using an electronic communication device for the sole purpose of reporting an emergency situation and continued communication with emergency personnel during the emergency situation. (e-5) A person commits aggravated use of a wireless telephone when he or she violates subsection (e) and in committing the violation he or she was involved in a motor vehicle crash that results in great bodily harm, permanent disability, disfigurement, or death to another and the violation was a proximate cause of the injury or death. (f) A person convicted of violating subsection (b-5) or (e-5) commits a Class A misdemeanor if the violation resulted in great bodily harm, permanent disability, or disfigurement to another. A person convicted of violating subsection (b-5) or (e-5) commits a Class 4 felony if the violation resulted in the death of another person. (Source: P.A. 102-982, eff. 7-1-23.) |
(625 ILCS 5/12-610.2)
Sec. 12-610.2. Electronic communication devices. (a) As used in this Section: "Electronic communication device" means an electronic device, including, but not limited to, a hand-held wireless telephone, hand-held personal digital assistant, tablet, or a portable or mobile computer, but does not include a global positioning system or navigation system or a device that is physically or electronically integrated into the motor vehicle. (b) A person may not operate a motor vehicle on a roadway while using an electronic communication device, including using an electronic communication device to watch or stream video, participate in any video conferencing application, including, but not limited to, Zoom, Microsoft Teams, or WebEx, or access any social media site, including, but not limited to, Facebook, Snapchat, Instagram, or Twitter. The exemptions in paragraphs (3) and (9) of subsection (d) do not apply when a person is using the electronic communication device to watch or stream video, participate in any video conferencing application, or access any social media site. (b-5) A person commits aggravated use of an electronic communication device when he or she violates subsection (b) and in committing the violation he or she is involved in a motor vehicle crash that results in great bodily harm, permanent disability, disfigurement, or death to another and the violation is a proximate cause of the injury or death. (c) A violation of this Section is an offense against traffic regulations governing the movement of vehicles. A person who violates this Section shall be fined a maximum of $75 for a first offense, $100 for a second offense, $125 for a third offense, and $150 for a fourth or subsequent offense, except that a person who violates subsection (b-5) shall be assessed a minimum fine of $1,000. (d) This Section does not apply to: (1) a law enforcement officer or operator of an | ||
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(1.5) a first responder, including a volunteer first | ||
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(2) a driver using an electronic communication device | ||
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(3) a driver using an electronic communication device | ||
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(4) a driver of a commercial motor vehicle reading a | ||
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(5) a driver using an electronic communication device | ||
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(6) a driver using an electronic communication device | ||
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(7) a driver using two-way or citizens band radio | ||
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(8) a driver using two-way mobile radio transmitters | ||
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(9) a driver using an electronic communication device | ||
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(10) a driver using an electronic communication | ||
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(e) A person convicted of violating subsection (b-5) commits a Class A misdemeanor if the violation resulted in great bodily harm, permanent disability, or disfigurement to another. A person convicted of violating subsection (b-5) commits a Class 4 felony if the violation resulted in the death of another person. (Source: P.A. 102-558, eff. 8-20-21; 102-982, eff. 7-1-23; 103-310, eff. 1-1-24.) |
(625 ILCS 5/12-610.5)
Sec. 12-610.5. (Repealed).
(Source: P.A. 97-672, eff. 7-1-12. Repealed by P.A. 97-743, eff. 1-1-13.)
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(625 ILCS 5/12-611) (from Ch. 95 1/2, par. 12-611)
Sec. 12-611.
No driver of any motor vehicle within this State shall
operate or permit operation of any sound amplification system which can be
heard outside the vehicle from 75 or more feet when the vehicle is being
operated upon a highway, unless such system is being operated to
request assistance or warn of a hazardous situation.
This Section does not apply to authorized emergency vehicles.
Any violation of the provisions of this Section shall be a petty
offense punishable by a fine not to exceed $50.
(Source: P.A. 91-919, eff. 1-1-01.)
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(625 ILCS 5/12-612)
Sec. 12-612. False or secret compartment in a vehicle.
(a) Offenses. It is unlawful for any person: (1) to own or operate with criminal intent any | ||
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(2) to install, create, build, or fabricate in any | ||
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(b) Definitions. For purposes of this Section: (1) "False or secret compartment" means an enclosure | ||
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(2) "Vehicle" means any of the following vehicles | ||
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(c) Forfeiture. Any vehicle containing a false or secret compartment used in violation of this Section,
as well as any items within that compartment, shall be subject to seizure by
the Illinois State Police or by any municipal or other local law
enforcement agency within whose jurisdiction that property is found as provided
in Sections 36-1 and 36-2 of the Criminal Code of 2012. The removal of the false or secret compartment from the
vehicle, or the promise to do so, shall not be the basis for a defense to
forfeiture of the motor vehicle under Section 36-2 of the Criminal Code of 2012
and shall not be the basis for the court to release the vehicle to the owner.
(d) Sentence. A violation of this Section is a Class 4 felony. The sentence imposed for violation of this Section shall be served consecutively to any other sentence imposed in connection with the firearm, controlled substance, or other contraband concealed in the false or secret compartment. (e) For purposes of this Section, a new owner is not responsible for any conduct that occurred or knowledge of conduct that occurred prior to transfer of title.
(Source: P.A. 102-538, eff. 8-20-21.)
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(625 ILCS 5/12-613) Sec. 12-613. Possession and use of radar or laser jamming devices prohibited. (a) Except as provided in subsection (b), a person may not operate or be in actual physical control of a motor vehicle while
the motor vehicle is equipped with any instrument designed to interfere
with microwaves or lasers at frequencies used by police radar for the purpose
of
monitoring vehicular speed. (b) A person operating a
motor vehicle who
possesses within the vehicle a radar or laser jamming device that is
contained
in a
locked opaque box or similar container, or that is not in the passenger
compartment of the vehicle, and that is not in operation, is not in
violation of this Section.
(c) Any person found guilty of violating this Section is guilty of a
petty offense. A minimum fine of $50 shall be imposed for a first offense
and a minimum fine of $100 for a second or subsequent offense.
(d) The radar or laser jamming device or mechanism shall be seized by
the
law
enforcement officer at the time of the violation. This Section does not authorize the permanent forfeiture to the State of any
radar or laser jamming device or mechanism. The device or mechanism
shall
be
taken and held for the period when needed as evidence. When no longer
needed for evidence, the defendant may petition the court for the return of
the device or mechanism. The defendant, however, must prove to the court by
a preponderance of the evidence that the device or mechanism will be used
only for a legitimate and lawful purpose.
(e) A law enforcement officer may not stop or search any motor vehicle or the driver of any motor vehicle solely on the basis of a
violation or suspected violation of this Section.
(Source: P.A. 94-594, eff. 1-1-06; 95-331, eff. 8-21-07.) |
(625 ILCS 5/Ch. 12 Art. VII heading) ARTICLE VII.
SPECIAL REQUIREMENTS FOR
VEHICLES OF THE SECOND DIVISION
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(625 ILCS 5/12-701) (from Ch. 95 1/2, par. 12-701)
Sec. 12-701.
Tractors, traction engines and motor trucks-Operation
on highways-Turning on highways during farming operations-Violations.
No tractor, traction engine, motor truck or other similar vehicle
shall be operated across, over or along any public highway of this State
which has been oil-treated, if any such vehicle has on the periphery of
any of the road wheels any block, stud, flange, cleat, ridge, lug, or
any projection of metal or wood which projects radially beyond the tread
or traffic surface of the tire; except that this prohibition shall not
apply to tractors or traction engines equipped with what is known as
crawler type tractors, when the same does not contain any projections of
any kind likely to injure the surface of the road, nor to tractors,
traction engines and similar vehicles which have upon their road wheels
V-shaped, diagonal or other cleats arranged in such a manner as to be
continuously in contact with the road surface. In no event shall the oil
mat surface of any oil-treated public road be used as an area or space
for turning any tractor or other farm machinery in carrying on or
performing any farming operations upon the adjacent land. Provided, that
nothing in this Section contained shall prohibit the operation of
tractors, traction engines or motor trucks across any oil-treated road
in order to reach adjacent lands or the operation of any such vehicles
upon the treated portion of such oil-treated roads if there is no
untreated portion thereof over which they may be operated or the
operation of any such vehicles on oil-treated roads if in passing along
said road they travel over the portion of said road which does not
constitute the oil mat surface created by said oil treatment or the use
of flexible tire chains on any tractor, traction engine, motor truck or
other similar vehicle being operated upon any such oil-treated road.
It is unlawful for any person to operate any tractor, traction engine, motor truck or
other similar vehicle over and along any public highway of this State,
which has been oil-treated, in violation of the provisions of this
Section.
(Source: P.A. 80-911.)
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(625 ILCS 5/12-702) (from Ch. 95 1/2, par. 12-702)
Sec. 12-702.
Certain vehicles to carry flares or other warning devices.
(a) No person shall operate any motor 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 or
any motor vehicle towing a house trailer upon any highway outside an urban
district at any time unless there is carried in such vehicle the following
equipment, except as provided in paragraph (b) of this Section:
1. At least 3 liquid-burning flares, or 3 red | ||
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2. At least 3 red-burning 15-minute fusees unless red | ||
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3. At least 2 red-cloth flags, not less than 12 | ||
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(b) No person shall operate at the time and under the conditions stated
in paragraph (a) of this Section any motor vehicle used for the
transportation of explosives, any cargo tank truck used for the
transportation of flammable liquids or compressed gases or any motor
vehicle using compressed gas as a fuel unless there is carried in such
vehicle 3 red electric lanterns or 3 portable red emergency reflectors
meeting the requirements of paragraph (a) of this Section, and such vehicle
shall not carry any flares, fusees or signals produced by flame.
(c) Whenever any motor 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 or any motor
vehicle towing a house trailer is disabled upon the roadway of any highway
or the shoulder thereof outside an urban district or on any controlled
access highway within an urban district at any time when lighted lamps are
required, the driver of such vehicle shall display the following warning
devices upon the highway during the time the vehicle is so disabled, except
as provided in paragraph (d) of this Section:
1. A lighted fusee, a lighted red electric lantern or | ||
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2. As soon thereafter as possible, but in any event | ||
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One approximately 100 feet from the disabled vehicle | ||
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One approximately 100 feet in the opposite direction | ||
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One at the traffic side of the disabled vehicle not | ||
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(d) Whenever any vehicle referred to in this Section is disabled within
500 feet of a curve, hill crest or other obstruction to view, the warning
signal in that direction shall be so placed as to afford ample warning to
other users of the highway, but in no case less than 100 feet nor more than
500 feet from the disabled vehicle.
(e) Whenever any vehicle of a type referred to in this Section is
disabled upon any roadway or shoulder of a divided highway during the time
that lighted lamps are required, the appropriate warning devices prescribed
in paragraph (a) (1) and (2) of this Section shall be placed as follows:
One at a distance of approximately 200 feet from the vehicle in the
center of the lane or shoulder occupied by the stopped vehicle and in the
direction of traffic approaching in that lane; and
One at a distance of approximately 100 feet from the vehicle in the
center of the lane or shoulder occupied by the vehicle and in the direction
of traffic approaching in that lane; and
One at the traffic side of the vehicle and approximately 10 feet from
the vehicle in the direction of the nearest approaching traffic.
(f) Whenever any vehicle of a type referred to in this Section is
disabled upon the roadway of any highway or the shoulder thereof outside an
urban district or on any controlled access highway within an urban district
at any time when the display of fusees, flares, red electric lanterns or
portable red emergency reflectors are not required, the driver of the
vehicle shall display 2 red-cloth flags or 2 portable emergency reflectors
meeting the requirements of Federal Motor Vehicle Safety Standard No. 125
upon the roadway or shoulder in the lane of traffic occupied by the
disabled vehicle in the following order:
One at a distance of approximately 100 feet in advance of the vehicle;
and
One at a distance of approximately 100 feet in the rear of the vehicle.
(g) Whenever any vehicle of a type referred to in this Section is
disabled upon any roadway or shoulder of a divided highway during the time
that lighted lamps are not required, the driver of such vehicle shall
display 2 red-cloth flags or 2 portable emergency reflectors meeting the
requirements of Federal Motor Vehicle Safety Standard No. 125 upon the
roadway or shoulder in the center of the lane of traffic occupied by the
disabled vehicle in the following order:
One at a distance of approximately 200 feet to the rear of the vehicle;
and
One at a distance of approximately 100 feet to the rear of the vehicle.
(h) Whenever any motor vehicle used for the transportation of
explosives, or any cargo tank truck used for the transportation of any
flammable liquid or compressed flammable gas or any motor vehicle using
compressed gas as a fuel is disabled upon a highway of this State at any
time or place mentioned in paragraph (c) of this Section, the driver of
such vehicle shall immediately display 3 red electric lanterns or portable
red emergency reflectors placed in the following order:
One at the traffic side of the vehicle and approximately 10 feet from
the vehicle in the direction of the nearest approaching traffic; and
One at a distance of approximately 100 feet to the front of the disabled
vehicle in the center of the lane of traffic or shoulder occupied by such
vehicle; and
One at a distance of approximately 100 feet to the rear of the disabled
vehicle in the center of the lane of traffic or shoulder occupied by such
vehicle. Flares, fusees or signals produced by flame shall not be used as
warning devices for disabled vehicles of the type mentioned in this
paragraph.
(i) The flares, fusees, red electric lanterns, portable red emergency
reflectors and flags to be displayed as required in this Section shall
conform with the requirements of paragraphs (a) and (b) of this Section
applicable thereto.
(Source: P.A. 89-687, eff. 6-1-97.)
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(625 ILCS 5/12-703) (from Ch. 95 1/2, par. 12-703)
Sec. 12-703.
Road oil vehicles-Dripping on certain highways forbidden.
No person shall operate, on a durable all-weather highway of a type
other than gravel or crushed stone, any vehicle used for the purpose of
applying road oil, liquid asphalt or similar material to road surfaces
unless such vehicle is so equipped as to absolutely prevent such material
from dripping on such highway, nor shall such material be allowed to drip
on any such highway.
(Source: P.A. 77-37.)
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(625 ILCS 5/12-704) (from Ch. 95 1/2, par. 12-704)
Sec. 12-704.
(Repealed).
(Source: Repealed by P.A. 88-415.)
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(625 ILCS 5/12-704.1) (from Ch. 95 1/2, par. 12-704.1)
Sec. 12-704.1.
(Repealed).
(Source: Repealed by P.A. 88-415.)
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(625 ILCS 5/12-704.3) (from Ch. 95 1/2, par. 12-704.3)
Sec. 12-704.3.
Motor vehicles using alternate fuels; markings.
Notwithstanding any other regulation or requirement, every motor vehicle using
liquefied petroleum gas or compressed natural gas must be marked in accordance
with guidelines established by the National Fire Protection Association's
(NFPA) standards for the Storage and Handling of Liquefied Petroleum Gases and
for Compressed Natural Gas Vehicular Fuel Systems and published by that body as
NFPA 58 and NFPA 52 dated February 10, 1992 and August 14, 1992, respectively.
The sign or decal shall be maintained in good legible condition. A sign
or decal that is deteriorated or defaced so as to impair its legibility,
quick recognition, or meaning shall be replaced by a new sign or decal.
(Source: P.A. 88-415.)
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(625 ILCS 5/12-705) (from Ch. 95 1/2, par. 12-705)
Sec. 12-705.
(Repealed).
(Source: Repealed by P.A. 88-415.)
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(625 ILCS 5/12-705.1)
Sec. 12-705.1. Required use of biodiesel by certain vehicles. (a) Beginning July 1, 2006, any diesel powered vehicle owned or operated by this State, any county or unit of local government, any school district, any community college or public college or university, or any mass transit agency must, when refueling at a bulk central fueling facility, use a biodiesel blend that contains 5% biodiesel, as those terms are defined in the Illinois Renewable Fuels Development Program Act, where available, unless the engine is designed or retrofitted to operate on a higher percentage of biodiesel or on ultra low sulfur fuel. (b) Nothing in this Section prohibits any unit of government from using a biodiesel blend containing more than 2% biodiesel. (c) As used in this Section, a "bulk central fueling facility" means a non-commercial fueling facility whose primary purpose is the fueling of vehicles owned or operated by the State, a county or unit of local government, a school district, a community college or public college or university, or a mass transit agency. (d) The Secretary of Transportation shall adopt rules for implementing this Section.
(Source: P.A. 96-281, eff. 8-11-09.) |
(625 ILCS 5/12-706) (from Ch. 95 1/2, par. 12-706)
Sec. 12-706.
Fire apparatus-Safety belts.
No fire apparatus equipped to carry firemen on the outside of such
vehicle on the sides, or rear, or both, shall be operated without first
installing on the fire apparatus on the sides and rear thereof a sufficient
number of safety belts and safety belt connections to protect the maximum
number of firemen who can occupy the sides and rear of such apparatus while
responding to alarms of fire. The municipality shall cause inspection of
such safety equipment at least semi-annually.
(Source: P.A. 77-37.)
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(625 ILCS 5/12-707) (from Ch. 95 1/2, par. 12-707)
Sec. 12-707.
Vehicle passenger capacity.
No school
bus, commuter van or motor vehicle owned by or used for hire by and in
connection with the operation of private or public schools, day camps,
summer camps or nursery schools or in charter operations, and no commuter
van or passenger car used for a for-profit ridesharing arrangement, shall be
operated if it is occupied by more passengers than recommended by the
manufacturer thereof if the vehicle is manufactured as a passenger
vehicle; if the vehicle is manufactured for use other than passenger,
then it shall not accommodate more passengers than provided for by the
manufacturer in passenger vehicles of like style or rating.
(Source: P.A. 83-1091.)
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(625 ILCS 5/12-707.01) (from Ch. 95 1/2, par. 12-707.01)
Sec. 12-707.01. Liability insurance. (a) No school bus, first division vehicle including a taxi which is used for a purpose that requires a school bus driver permit, commuter van or
motor vehicle owned by or used for hire by and in connection with the
operation of private or public schools, day camps, summer camps or
nursery schools, and no commuter van or passenger car used for a for-profit
ridesharing arrangement, shall be operated for such purposes unless the owner
thereof shall carry a minimum of personal injury liability insurance in
the amount of $25,000 for any one person in any one crash, and
subject to the limit for one person, $100,000 for two or more persons
injured by reason of the operation of the vehicle in any one crash. This subsection (a) applies only to personal injury liability policies issued or renewed before January 1, 2013.
(b) Liability insurance policies issued or renewed on and after January 1, 2013 shall comply with the following: (1) except as provided in subparagraph (2) of this | ||
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(2) any vehicle that is used for a purpose that | ||
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(3) any commuter van or passenger car used for a | ||
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(c) Primary insurance coverage under the provisions of this Section must be provided by a licensed and admitted insurance carrier or an intergovernmental cooperative formed under Section 10 of Article VII of the Illinois Constitution, or Section 6 or 9 of the Intergovernmental Cooperation Act, or provided by a certified self-insurer under Section 7-502 of this Code. The excess or umbrella liability coverage requirement may be met by securing surplus line insurance as defined under Section 445 of the Illinois Insurance Code. If the excess or umbrella liability coverage requirement is met by securing surplus line insurance, that coverage must be effected through a licensed surplus line producer acting under the surplus line insurance laws and regulations of this State. Nothing in this subsection (c) shall be construed as prohibiting a licensed and admitted insurance carrier or an intergovernmental cooperative formed under Section 10 of Article VII of the Illinois Constitution, or Section 6 or 9 of the Intergovernmental Cooperation Act, or a certified self-insurer under Section 7-502 of this Code, from retaining the risk required under paragraphs (1) and (2) of subsection (b) of this Section or issuing a single primary policy meeting the requirements of paragraphs (1) and (2) of subsection (b). (d) Each owner of a vehicle required to obtain the minimum liability requirements under subsection (b) of this Section shall attest that the vehicle meets the minimum insurance requirements under this Section. The Secretary of State shall create a form for each owner of a vehicle to attest that the owner meets the minimum insurance requirements and the owner of the vehicle shall submit the form with each registration application. The form shall be valid for the full registration period; however, if at any time the Secretary has reason to believe that the owner does not have the minimum required amount of insurance for a vehicle, then the Secretary may require a certificate of insurance, or its equivalent, to ensure the vehicle is insured. If the owner fails to produce a certificate of insurance, or its equivalent, within 2 calendar days after the request was made, then the Secretary may revoke the vehicle owner's registration until the Secretary is assured the vehicle meets the minimum insurance requirements. If the owner of a vehicle participates in an intergovernmental cooperative or is self-insured, then the owner shall attest that the insurance required under this Section is equivalent to or greater than the insurance required under paragraph (1) of subsection (b) of this Section. The Secretary may adopt any rules necessary to enforce the provisions of this subsection (d). (Source: P.A. 102-982, eff. 7-1-23.)
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(625 ILCS 5/12-708) (from Ch. 95 1/2, par. 12-708)
Sec. 12-708.
Operator protective frames on tractor-mower
combinations.
No tractor unit over 16 engine horsepower designed for mowing or
tractor-mower combination unit over 16 engine horsepower owned or leased
by the Department, a municipal corporation or political subdivision
shall be operated for the purpose of mowing vegetation on highway
right-of-way unless the tractor of such unit is equipped with an
operator protective frame conforming to the specifications prescribed by
regulations under
the United States Occupational Safety and Health Act of 1970, as amended,
and with a seat safety belt.
The operator protective frame may be incorporated into a cab which
design shall conform to the specifications established by the United States
Occupational Safety and Health Act of 1970, as amended.
The seat safety belt must meet the requirements provided in Section
12-603 of this Act.
(Source: P.A. 81-435.)
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(625 ILCS 5/12-709) (from Ch. 95 1/2, par. 12-709)
Sec. 12-709. Slow-moving vehicle emblem.
(a) Every animal drawn vehicle, farm tractor, implement of husbandry and
special mobile equipment, when operated on a highway must display a
slow-moving vehicle emblem mounted on the rear except as provided in
paragraph (b) of this Section. Special mobile equipment is exempt when
operated within the limits of a construction or maintenance project where
traffic control devices are used in compliance with the applicable
provisions of the manual and specifications adopted under Section 11-301 of
the "Illinois Vehicle Code".
(b) Every vehicle or unit described in paragraph (a) of this Section
when operated in combination on a highway must display a slow-moving
vehicle emblem as follows:
1. Where the towed unit or any load thereon | ||
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2. Where the slow-moving vehicle emblem on the towing | ||
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3. A registered truck towed behind a farm tractor in | ||
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(c) The slow-moving vehicle emblem required by paragraphs (a) and (b) of
this Section must meet or exceed the specifications and mounting
requirements
established by the Department. Such specifications and mounting
requirements shall, on and before August 31, 2004, be based on the
specifications adopted by the American
Society of Agricultural Engineers and published by that body as ASAE S
276.2 dated March, 1968 or as ASAE S 276.5. On and after September 1, 2004,
the specifications and mounting requirements shall be based on the
specifications adopted by the American Society of Agricultural Engineers and
published by that body as ASAE S 276.5 NOV 97. No advertising or other
marking
shall appear upon
the emblem except that specified by the American Society of Agricultural
Engineers to identify the standard to which the material complies. Each
original package containing a slow-moving vehicle
emblem shall display a notice on the outside of the package stating
that such emblem shall only be used for the purposes stated in subsections
(a) and (b).
(d) A slow-moving vehicle emblem is intended as a safety identification
device and shall not be displayed on any vehicle nor displayed in any
manner other than as described in paragraphs (a), (b) and (c) of this
Section. A slow-moving vehicle emblem may not be displayed in public view from a highway on an object other than a vehicle or unit described in subsection (a) of this Section or a vehicle required to display a slow-moving vehicle emblem under subsection (e) of Section 11-1426.1 of this Code. A violation of this subsection (d) is a petty offense punishable by
a fine of $75.
(Source: P.A. 97-958, eff. 8-15-12.)
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(625 ILCS 5/12-710) (from Ch. 95 1/2, par. 12-710)
Sec. 12-710.
Rear fender splash guards.
It is unlawful for any person to operate any vehicle of the second
division, except a truck tractor, to which this Section is applicable upon
any highway of this State unless such vehicle is
equipped with rear fender splash guards of either the contour type or the
flap type which comply with the specifications provided in this Section for
the type of splash guards used on the vehicle, and which are so attached as
to prevent the splashing of mud or water upon the windshield of other motor
vehicles.
(a) Specifications for contour type splash guards. When contour type
rear fender splash guards are used, they shall contour the wheel in such a
manner that the relationship of the inside surface of any such splash guard
to the tread surface of the tire or wheel shall be relatively parallel,
both laterally and across the wheel, at least throughout the top 90 degrees
of the rear 180 degrees of the wheel surface; provided however, on vehicles
which have a clearance of less than 5 inches between the top of the tire or
wheel and that part of the body of the vehicle directly above the tire or
wheel when the vehicle is loaded to maximum legal capacity, the curved
portion of the splash guard need only extend from a point directly behind
the center of the rear axle and to the rear of the wheel surface upwards to
within at least 2 inches of the bottom line of the body when the vehicle is
loaded to maximum legal capacity. There shall be a downward extension of
the curved surface which shall end not more than 12 inches from the ground
when the vehicle is loaded to maximum legal capacity. This downward
extension shall be part of the curved surface or attached directly to such
curved surface, but it need not contour the wheel. Such contour type splash
guards shall be wide enough to cover the full tread width of the tire or
tires being protected and shall be installed not more than 6 inches from
the tread surface of the tire or wheel when the vehicle is loaded to
maximum legal capacity. The splash guard shall have a lip or flange on its
outside edge to minimize side throw and splash. The lip or flange shall
extend toward the center of the wheel, and shall be perpendicular to and
extend not less than 2 inches below the inside or bottom surface line or
plane of the guard. Such contour type splash guards may be constructed of
either a rigid or flexible material, but shall be attached in such a manner
that, regardless of movement either by the splash guards or the vehicle,
the splash guards will retain their general parallel relationship to the
tread surface of the tire or wheel under all ordinary operating conditions.
(b) Specifications for flap type splash guards. When flap type splash
guards are used, they shall be wide enough to cover the full tread width of
the tire or tires being protected; shall be so installed that they extend
from the underside of the vehicle in a vertical plane behind the rear
wheels to within 12 inches of the ground,
when the vehicle is loaded to
maximum legal capacity; shall be so constructed and attached so that when
the vehicle is in forward motion such splash guard will not deviate or move
backward from the vertical plane by an angle of more than 30 degrees
measured from the vertical plane and so that when the forward motion of the
vehicle causes such splash guard to deviate from the vertical plane, the
bottom of such flap type splash guard will not be more than 15 inches from
the ground, when the vehicle is loaded to maximum legal capacity. Such flap
type splash guard may be constructed of either a rigid or flexible
material.
(c) Exemptions. This Section shall not apply to vehicles the
construction or design of which does not require such splash guards, nor to
vehicles in-transit and capable only of using temporary splash guards
prescribed by the Department, nor to pole trailers.
(Source: P.A. 89-117, eff. 7-7-95.)
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(625 ILCS 5/12-711) (from Ch. 95 1/2, par. 12-711)
Sec. 12-711.
Commencing January 1, 1987, all trucks equipped with self-compactors
or roll-off hoists and roll-on containers for garbage or refuse hauls shall,
before operating on any public or private highway, alley or parking area
of this State, be equipped with an operably working external audible warning
signal device that meets the standard of American National Standards Institute,
SAE J994b, Type A, B or C, which is activated when the vehicle is operated
in reverse or when top-hinged tailgates are open.
(Source: P.A. 84-813.)
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(625 ILCS 5/12-712) (from Ch. 95 1/2, par. 12-712)
Sec. 12-712.
Construction equipment to display company name.
(a) Construction equipment that is capable of being self propelled or any
construction equipment capable of being towed shall display on the side of the
equipment the name of the company for which it is employed. The name shall be
in letters at least 2 inches tall and one-half inch wide. This Section shall
not apply to any motor vehicle upon which is affixed the insignia required
under Section 18c-4701 of the Illinois Commercial Transportation Law.
(b) Any person convicted of violating this Section shall be guilty of a
petty offense and subject to a fine not to exceed $100.
(Source: P.A. 87-1160; 88-45.)
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(625 ILCS 5/12-713) (from Ch. 95 1/2, par. 12-713)
Sec. 12-713.
Commercial trucks used by construction contractors or
subcontractors to display company name.
(a) Every second division vehicle operating commercially in this State that
is used by a construction contractor or subcontractor shall display on the side
of the vehicle or its trailer the name of the company for which it is employed.
The name shall be in letters at least 2 inches tall and one-half inch wide.
This Section shall not apply to any motor vehicle upon which is affixed the
insignia required under Section 18c-4701 of the Illinois Commercial
Transportation Law.
(b) Any person convicted of violating this Section shall be guilty of a
petty offense and subject to a fine of not less than $500.
(Source: P.A. 96-1179, eff. 1-1-11.)
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(625 ILCS 5/12-714)
Sec. 12-714.
Possession and use of radar detection devices prohibited.
(a) No person shall operate or be in actual physical control of a
commercial motor vehicle as defined in Section 6-500(6) of this Code while
the motor vehicle is equipped with any instrument designed to detect the
presence of police radar for the purpose of monitoring vehicular speed.
(b) Notwithstanding subsection (a) of this Section, a person operating a
commercial motor vehicle as defined in Section 6-500(6) of this Code, who
possesses within the vehicle a radar detecting device that is contained in
a locked opaque box or similar container, or that is not in the passenger
compartment of the vehicle, and that is not in operation, shall not be in
violation of subsection (a) of this Section.
Any person found guilty of violating this Section shall be guilty of a
petty offense. A minimum fine of $50 shall be imposed for a first offense
and a minimum fine of $100 for a second or subsequent offense.
(c) The radar detection device or mechanism shall be seized by the law
enforcement officer at the time of the violation if the offender has
previously been convicted of violating this Section. This Section shall
not be construed to authorize the permanent forfeiture to the State of any
radar detection device or mechanism. Any such device or mechanism shall be
taken and held for the period when needed as evidence. When no longer
needed for evidence, the defendant may petition the court for the return of
the device or mechanism; provided the defendant shall prove to the court by
a preponderance of the evidence that the device or mechanism will be used
only for a legitimate and lawful purpose.
(d) No commercial motor vehicle, or driver of such vehicle, shall be
stopped or searched by any law enforcement officer solely on the basis of a
violation or suspected violation of this Section.
(Source: P.A. 90-89, eff. 1-1-98.)
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(625 ILCS 5/12-715)
Sec. 12-715. (Repealed).
(Source: P.A. 91-248, eff. 1-1-00. Repealed by P.A. 94-594, eff. 1-1-06.)
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(625 ILCS 5/Ch. 12 Art. VIII heading) ARTICLE VIII.
SPECIAL REQUIREMENTS FOR SCHOOL BUSES
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(625 ILCS 5/12-800) (from Ch. 95 1/2, par. 12-800)
Sec. 12-800.
(Repealed).
(Source: P.A. 82-111. Repealed by P.A. 90-89, eff. 1-1-98.)
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(625 ILCS 5/12-801) (from Ch. 95 1/2, par. 12-801)
Sec. 12-801.
Color.
The exterior of each school bus shall be national
school bus glossy yellow except as follows:
The rooftop may be white.
The fenders of school buses manufactured before January 1, 1976, may be
black.
Body trim, rub rails, lettering other than on a stop signal arm and bumpers
on a Type I school bus shall be glossy black.
Lettering on a stop signal arm shall be white on a red background.
Bumpers on a Type II school bus may be glossy black or a bright, light
or colorless finish.
The hood and upper cowl may be lusterless black or lusterless school bus
yellow.
Grilles on the front, lamp trim and hubcaps may be a bright finish.
The name or emblem of a manufacturer may be colorless or any color.
The exterior paint of any school bus shall match the central value, hue and
chroma set forth in rules promulgated by the Department.
(Source: P.A. 88-415; 89-433, eff. 12-15-95.)
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(625 ILCS 5/12-802) (from Ch. 95 1/2, par. 12-802)
Sec. 12-802. Identification. (a) Each school bus shall have the sign "SCHOOL
BUS" painted on both the front and rear of the bus as high as practicable
in letters at least 8 inches high. (b) Each school bus and multifunction school-activity bus (MFSAB) shall have the vehicle
weight and the vehicle maximum passenger capacity recommended by the manufacturer
of the bus, which shall be based upon provision for 13 inches of seating
space for each passenger exclusive of the driver, painted on
the body to the left of the service door in letters at least 2 inches high.
The name of the owner or the entity or both for which the school bus or MFSAB is operated
shall be painted in a contrasting color on both sides, centered
as high as practicable below the window line, in letters at least 4 inches
high. An identification number shall be painted as high as practicable
on both the front and rear of the school bus or MFSAB in letters at least
4 inches high. (c) Decals may be used instead of painting under this Section.
(Source: P.A. 96-410, eff. 7-1-10.)
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(625 ILCS 5/12-803) (from Ch. 95 1/2, par. 12-803)
Sec. 12-803.
(a) Each school bus shall be equipped with a stop signal
arm on the driver's side of the school bus that may be operated either manually
or mechanically. Each school bus stop signal arm shall be an octagon shaped semaphore that conforms to
49 C.F.R. 571.131, "SCHOOL BUS PEDESTRIAN SAFETY DEVICES", S5.1 through S5.5.
(b) Each school bus manufactured prior to September 1, 1992 shall be
equipped with a stop signal arm that conforms to standards promulgated by the
Department.
(c) A school bus may be equipped with an extension to the required stop arm that partially obstructs the roadway to ensure passenger safety. (d) A maximum of 2 extensions to the required stop arms may be installed on the driver's side of the school bus. (e) In addition to the lighting systems required under Section 12-805, each extension to the required stop arm must be equipped with a system of flashing red lights. The front side extension to the required stop arm must extend no more than 78 inches, measured from the side of the bus to furthest part of the extension to the required stop arm, and at a height not less than 36 inches from the ground. The rear side extension to the required stop arm must meet the same specification as the front side extension to the required stop arm except that it may not extend more than 32 inches, measured from the side of the bus to the furthest part of the extension to the required stop arm. (f) No driver of a motor vehicle may make contact with any portion of a stopped school bus, including an extension to the required stop arm, or make contact with a school child within 30 feet of the school bus. A driver of motor vehicle that violates this subsection shall be subject to the penalties under Section 11-1414. (Source: P.A. 103-404, eff. 7-28-23.)
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(625 ILCS 5/12-804) (from Ch. 95 1/2, par. 12-804)
Sec. 12-804.
Other vehicles - Color, stop signal arm and
identification. No vehicle other than a school bus
shall be identified with the sign "SCHOOL BUS", shall be equipped with a
stop signal arm, shall be equipped with a strobe lamp or shall be equipped
with a warning lamp system as
described in Section 12-805 of this Act.
No commuter van or bus other than a school bus shall be painted national
school bus glossy yellow or a color
that closely resembles national school bus glossy yellow.
(Source: P.A. 81-509; 81-740; 81-1509.)
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(625 ILCS 5/12-805) (from Ch. 95 1/2, par. 12-805)
Sec. 12-805.
Special lighting equipment.
Each school bus purchased as a new vehicle after December 31, 1975
shall be equipped with an 8-lamp flashing signal system. Until December
31, 1978, all other school buses shall be equipped with either a 4-lamp
or an 8-lamp flashing signal system. After December 31, 1978, all school
buses shall be equipped with an 8-lamp flashing signal system.
A 4-lamp flashing signal system shall have 2 alternately flashing red
lamps mounted as high and as widely spaced laterally on the same level
as practicable at the front of the school bus and 2 such lamps mounted
in the same manner at the rear.
An 8-lamp flashing signal system shall have, in addition to a 4-lamp
system, 4 alternately flashing amber lamps. Each amber lamp shall be
mounted next to a red lamp and at the same level but closer to the
centerline of the school bus.
Each signal lamp shall be a sealed beam at least 5 1/2 inches in
diameter and shall have sufficient intensity to be visible at 500 feet
in normal sunlight. Both the 4-lamp and 8-lamp system shall be actuated
only by means of a manual switch. There shall be a device for indicating
to the driver that the system is operating properly or is inoperative.
A school bus may also be equipped with alternately flashing head
lamps,
which may be operated in conjunction with the 8-lamp flashing signal
system.
(Source: P.A. 93-181, eff. 1-1-04.)
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(625 ILCS 5/12-806) (from Ch. 95 1/2, par. 12-806)
Sec. 12-806. Identification, stop signal arms and special lighting when
not used as a school bus. (a) Except as provided in Section 12-806a,
whenever a school bus is operated for the purpose of transporting
passengers over 18 years of age other than persons in connection with an activity of the school
or religious organization which owns the school bus or for which the school
bus is operated, the "SCHOOL BUS" signs shall be covered or concealed and
the stop signal arm and flashing signal system shall not be operable
through normal controls.
(b) If a school district, religious organization, vendor of school buses, or school bus company whose main source of income is contracting with a school district or religious organization for the provision of transportation services in connection with the activities of a school district or religious organization, discards through either sale or donation, a school bus to an individual or entity that is not one of the aforementioned entities above, then the recipient of such school bus shall be responsible for immediately removing, covering, or concealing the "SCHOOL BUS" signs and any other insignia or words indicating the vehicle is a school bus, rendering inoperable or removing entirely the stop signal arm and flashing signal system, and painting the school bus a different color from those under Section 12-801 of this Code.(Source: P.A. 100-277, eff. 1-1-18; 100-791, eff. 1-1-19; 100-863, eff. 8-14-18.)
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(625 ILCS 5/12-806a) (from Ch. 95 1/2, par. 12-806a)
Sec. 12-806a. Identification, stop signal arms, and special lighting on
school buses used to transport children outside of a school activity or persons in connection with a community based rehabilitation facility.
(a) Subject to the conditions in Subsection (c), a bus which meets any
of the special requirements for school buses in Sections 12-801, 12-802,
12-803, and 12-805 of this Code may be used for the purpose of transporting
persons 18 years of age or less.
(b) Subject to the conditions in subsection (c), a bus which meets any
of the special requirements for school buses in Sections 12-801, 12-802,
12-803, and 12-805 of this Code may be used for the purpose of transporting
persons recognized as clients of a community based rehabilitation facility
which is accredited by the Commission on Accreditation of Rehabilitation
Facilities of Tucson, Arizona, and which is under a contractual agreement
with the Department of Human Services.
(c) A bus used for transportation as provided in subsection (a) or (b) shall
meet all of the special requirements for school buses in Sections
12-801, 12-802, 12-803, and 12-805. A bus which meets all of the
special requirements for school buses in Sections 12-801, 12-802, 12-803, and
12-805 shall be operated by a person who has a valid and properly
classified driver's license issued by the Secretary of State and who
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.
(Source: P.A. 100-791, eff. 1-1-19; 101-81, eff. 7-12-19.)
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(625 ILCS 5/12-807) (from Ch. 95 1/2, par. 12-807)
Sec. 12-807.
Seat belt for driver.
Each school bus shall be equipped with a retractable lap belt assembly
for the driver's seat. No school bus shall be operated unless the driver
has properly restrained himself with the lap belt assembly.
(Source: P.A. 78-1244.)
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(625 ILCS 5/12-807.1) (from Ch. 95 1/2, par. 12-807.1)
Sec. 12-807.1.
Seat back height.
No Type I school bus manufactured
after June 30, 1987 shall be sold for use as, or purchased for use as, or
used as a school bus within this State unless such bus is equipped with
passenger seat backs having a seat back height of 28 inches installed by
the original bus body manufacturer.
(Source: P.A. 85-1010.)
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(625 ILCS 5/12-807.2)
Sec. 12-807.2.
Crossing control arms.
(a) No Type I or Type II school bus may be operated or used as a school bus
within this State after December 31, 1999 unless that bus is equipped with a
crossing control arm on the front of the bus that conforms to equipment and
installation standards that the Department of Transportation shall
promulgate for purposes of this subsection.
(b) If a Type I or Type II school bus is manufactured after December 31,
1997, that bus shall not be sold for use as, or purchased for the use as, or
used as a school bus within this State unless that bus is equipped with a
crossing control arm that is installed on the front of the bus by the original
bus body manufacturer and that conforms to equipment and installation standards
that the Department shall promulgate for purposes of this subsection.
(c) A crossing control arm meeting standards promulgated by the Department
under this Section shall be designed to swing out from the front of a school
bus when the bus stops and opens its doors while school children enter or exit
the bus, as prescribed in rules promulgated by the State Board of
Education.
(d) This Section does not apply to the temporary operation in this State of
a school bus that is legally registered in another state and is displaying
valid registration plates of that state if (i) the bus is not operated in
Illinois on a regular basis, and (ii) the bus is being operated in Illinois in
connection with a cultural, tourist, athletic, or similar activity that is
sponsored by one or more schools located outside of Illinois for the benefit of
their enrolled students who are being transported to or from that activity.
(Source: P.A. 90-108, eff. 7-14-97.)
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(625 ILCS 5/12-808) (from Ch. 95 1/2, par. 12-808)
Sec. 12-808.
Fire extinguisher.
Each school bus shall be equipped with at least one dry chemical gauge
type fire extinguisher mounted in the extinguisher manufacturer's
automobile type bracket in a position readily accessible to the driver.
(Source: P.A. 78-1244.)
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(625 ILCS 5/12-809) (from Ch. 95 1/2, par. 12-809)
Sec. 12-809.
First aid kit.
Each school bus shall be equipped with a first aid kit mounted in full
view of and readily accessible to the driver.
(Source: P.A. 78-1244.)
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(625 ILCS 5/12-810) (from Ch. 95 1/2, par. 12-810)
Sec. 12-810.
Restraining devices for passengers who are persons with
disabilities. Each school bus which is operated for transporting
passengers who are persons with disabilities shall be equipped with an
appropriate restraining or safety device for each such passenger.
(Source: P.A. 88-685, eff. 1-24-95.)
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(625 ILCS 5/12-811) (from Ch. 95 1/2, par. 12-811)
Sec. 12-811.
Amber 3 bar clearance light.
Each type I school bus
shall be equipped with an amber 3 bar clearance light on the front of the bus. The
light shall be illuminated at all times when the bus is being operated between
sunset and sunrise and in conditions of reduced visibility.
(Source: P.A. 79-63.)
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(625 ILCS 5/12-812) (from Ch. 95 1/2, par. 12-812)
Sec. 12-812. Rules and regulations. (a) The Department may promulgate rules and regulations to more
completely specify the equipment requirements of this Article and may establish by rule a pilot program to permit the testing of safety equipment not otherwise prohibited by State or federal law.
(b) All rules, regulations and standards promulgated from time to
time by the State Board of Education
and the Department for
the safety and construction of school buses shall be applicable to every
motor vehicle in this State defined as a school bus under Section 1-182.
(Source: P.A. 102-441, eff. 1-1-22.)
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(625 ILCS 5/12-812.1) (from Ch. 95 1/2, par. 12-812.1)
Sec. 12-812.1.
(a) The Department shall adopt and promulgate rules
and regulations governing the use of liquefied petroleum gases, compressed
natural gases and liquefied natural gases as a propellant fuel in school
buses. Such rules
and regulations
shall include the installation, maintenance and operation of such equipment
installed on school buses and shall be based on the generally accepted standards
of safety as recommended by the National Fire Protection Association.
(b) All school buses using liquefied petroleum gases, compressed natural
gases or liquefied natural gases as a propellant fuel must conform to and
obey any rule or regulation lawfully adopted by the Department.
(Source: P.A. 83-1027.)
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(625 ILCS 5/12-813.1)
Sec. 12-813.1. School bus driver communication devices. (a) In this Section:
"School bus driver" means a person operating a school bus who has a valid
school bus driver permit as required under Sections 6-104 and 6-106.1 of this
Code.
"Cellular radio telecommunication device" means a device capable of sending
or receiving telephone communications without an access line for service and
which requires the operator to dial numbers manually. It does not, however,
include citizens band radios or citizens band radio hybrids.
"Possession of a school bus" means the period of time from which a bus driver takes possession until the school bus driver returns possession of the school bus, whether or not the school bus driver is operating the school bus. "Using a cellular radio telecommunication device" means talking or listening
to or dialing a cellular radio telecommunication device.
To "operate" means to have the vehicle in motion while it contains one or
more passengers.
(b) A school bus driver may not operate a school bus while using a cellular
radio telecommunication device.
(c) Subsection (b) of this Section does not apply:
(1) To the use of a cellular radio telecommunication | ||
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(A) an emergency response operator;
(B) a hospital;
(C) a
physician's office or health clinic;
(D) an ambulance service;
(E) a fire department, fire district, or fire | ||
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(F) a police department.
(2) To the use of a cellular radio telecommunication | ||
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(3) (Blank).
(4) When the school bus is parked.
(d) A school bus driver who violates subsection (b) of this Section is guilty of a petty
offense punishable by a fine of not less than $100 and not more than $250.
(e) A school bus must contain either an operating cellular radio telecommunication device or two-way
radio while the school bus driver is in possession of a school bus. The cellular radio telecommunication device or two-way radio in this subsection must be turned on and adjusted in a manner that would alert the school bus driver of an incoming communication request. (Source: P.A. 96-818, eff. 11-17-09; 96-1066, eff. 7-16-10.)
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(625 ILCS 5/12-815) (from Ch. 95 1/2, par. 12-815)
Sec. 12-815. Strobe lamp on school bus.
(a) A school bus manufactured prior to January 1, 2000 may
be equipped with one strobe lamp that
will emit 60
to 120 flashes per minute of white or bluish-white light visible to a
motorist approaching the bus from any direction.
A school bus
manufactured on or after January 1, 2000 shall be equipped with one strobe lamp that will emit 60 to
120 flashes
per minute of white or bluish-white light visible to a motorist approaching the
bus from
any direction.
The lamp shall be of
sufficient brightness to be visible in normal sunlight when viewed directly
from a distance of at least one mile.
(b) The strobe lamp shall be mounted on the rooftop of the bus with the
light generating element in the lamp located equidistant from each side
and either at or behind the center of the rooftop. The maximum height of
the element above the rooftop shall not exceed 1/30 of its distance from
the rear of the rooftop. If the structure of the strobe lamp obscures the
light generating element, the element shall be deemed to be in the center
of the lamp with a maximum height 1/4 inch less than the maximum height
of the strobe lamp unless otherwise indicated in rules and regulations
promulgated by the Department. The Department may promulgate rules and
regulations to govern measurements, glare, effectiveness and protection of
strobe lamps on school buses, including higher strobe lamps than authorized
in this paragraph.
(c) The strobe lamp may be lighted only when the school bus is
actually
being used as a school bus and:
1. is stopping or stopped for loading or discharging | ||
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2. is bearing one or more pupils.
(Source: P.A. 95-319, eff. 8-21-07.)
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(625 ILCS 5/12-815.1)
Sec. 12-815.1.
Emergency exits identification.
On and after August 1, 2000,
all emergency exits of a
school bus shall be outlined around the perimeter of the exit with a minimum
one inch wide yellow reflective tape or decal. This yellow reflective tape or
decal shall be placed on the exterior surface of the school bus.
(Source: P.A. 91-168, eff. 1-1-00; 91-785, eff. 6-9-00.)
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(625 ILCS 5/12-815.2) Sec. 12-815.2. Noise suppression switch. Any school bus manufactured on or after January 1, 2006 must be equipped with a noise suppression switch capable of turning off noise producing accessories, including: heater blowers; defroster fans; auxiliary fans; and radios. For the purposes of this Section, radios shall not include 2-way radios which transmit Global Positioning System (GPS) location and record metadata stops.
(Source: P.A. 100-667, eff. 1-1-19.) |
(625 ILCS 5/12-816) Sec. 12-816. Pre and post-trip inspection policy for school buses. (a) In order to provide for the welfare and safety of children who are transported on school buses throughout the State of Illinois, each school district shall have in place, by January 1, 2008, a policy to ensure that the school bus driver is the last person leaving the bus and that no passenger is left behind or remains on the vehicle at the end of a route, a work shift, or the work day. This policy and procedure shall, at a minimum, require the school bus driver (i) to test the cellular radio telecommunication device or two-way radio and ensure that it is functioning properly before the bus is operated and (ii) before leaving the bus at the end of each route, work shift, or work day, to walk to the rear of the bus and check the bus for children or other passengers in the bus. (b) If a school district has a contract with a private sector school bus company for the transportation of the district's students, the school district shall require in the contract with the private sector company that the company have a post-trip inspection policy in place.
This policy and procedure shall, at a minimum, require the school bus driver (i) to test the cellular radio telecommunication device or two-way radio and ensure that it is functioning properly before the bus is operated and (ii) before leaving the bus at the end of each route, work shift, or work day, to walk to the rear of the bus and check the bus for children or other passengers in the bus. (c) Before this inspection, the school bus driver shall activate the interior lights of the bus to assist the driver in seeing in and under the seats during a visual sweep of the bus. (d) This policy may include, at the discretion of the school district, the installation of a mechanical or electronic post-trip inspection reminder system which requires the school bus driver to walk to the rear of the bus to deactivate the system before the driver leaves the bus. The system shall require that when the driver turns off the vehicle's ignition system, the vehicle's interior lights must illuminate to assist the driver in seeing in and under the seats during a visual sweep of the bus.
(Source: P.A. 95-260, eff. 8-17-07; 96-818, eff. 11-17-09; 96-1066, eff. 7-16-10.) |
(625 ILCS 5/12-820) (from Ch. 95 1/2, par. 12-820)
Sec. 12-820.
Nursery school buses.
The Department of Transportation, after conducting a Public Hearing,
may, by regulation,
modify and supplement
the requirements pertaining to seat dimensions, spacing and height from
the floor and to
other safety features in the interior of a school bus used to transport
preschool children,
when such modification or supplementing will enhance the safety of the bus
when transporting
such children.
(Source: P.A. 85-828.)
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(625 ILCS 5/12-821)
Sec. 12-821. Display of telephone number; complaint calls. (a) Each school bus and multifunction school-activity bus shall display at the rear of the bus a sign, with letters and numerals readily visible and readable, indicating the area code and telephone number of the owner of the bus, regardless of whether the owner is a school district or another person or entity. The sign shall be in the following form: "TO COMMENT ON MY DRIVING, CALL (area code and telephone number of bus owner)". A school bus owner who placed a sign conforming to the requirements of Public Act 95-176 on a school bus before January 1, 2010 (the effective date of Public Act 96-655) may continue to use that sign on that school bus rather than a sign that conforms to the requirements of Public Act 96-655; however, if the school bus owner replaces that sign, the replacement sign shall conform to the requirements of Public Act 96-655. (b) The owner of each school bus or multifunction school-activity bus shall establish procedures for accepting the calls provided for under subsection (a) and for taking complaints. (c) The procedures established under subsection (b) shall include, but not be limited to: (1) an internal investigation of the events that led | ||
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(2) a report to the complaining party on the results | ||
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(Source: P.A. 95-176, eff. 1-1-08; 96-410, eff. 7-1-10; 96-655, eff. 1-1-10; 96-1000, eff. 7-2-10.) |
(625 ILCS 5/12-825) Sec. 12-825. Extracurricular activities; passengers. (a) Each school bus operated by a public or private primary or secondary school transporting students enrolled in grade 12 or below for a school related athletic event or other school approved extracurricular activity shall be registered under subsection (a) of Section 3-808 of this Code, comply with school bus driver permit requirements under Section 6-104 of this Code, comply with the minimum liability insurance requirements under Section 12-707.01 of this Code, and comply with special requirements pertaining to school buses under this Chapter. (b) Each school bus that operates under subsection (a) of this Section may be used for the transportation of passengers other than students enrolled in grade 12 or below for activities that do not involve either a public or private educational institution if the school bus driver or school bus owner complies with Section 12-806 of this Code and the "SCHOOL BUS" sign under Section 12-802 of this Code is either removed or obscured so that it is not visible to other motorists.
(Source: P.A. 100-241, eff. 1-1-18; 100-863, eff. 8-14-18.) |
(625 ILCS 5/Ch. 12 Art. IX heading) ARTICLE IX.
SPECIAL REQUIREMENTS FOR
RELIGIOUS ORGANIZATION BUSES
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(625 ILCS 5/12-900) (from Ch. 95 1/2, par. 12-900)
Sec. 12-900.
Color and markings.
Each religious organization bus may be of any color
and have any markings designating its purpose other than those required
for school buses under Article
VIII of this Act.
(Source: P.A. 79-798.)
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(625 ILCS 5/12-901) (from Ch. 95 1/2, par. 12-901)
Sec. 12-901.
Special lighting equipment.
Any religious organization bus may be
equipped with a 4-lamp flashing signal system having unison flashing amber
lamps, 2 at the
front and 2 at the rear of the bus, mounted as high and as widely spaced
laterally on the same
level as is practicable. If such equipment is installed, (a) each lamp must
be a sealed beam at least 5 1/2 inches in diameter and have sufficient intensity
to be visible at
500 feet in normal sunlight, (b) the system shall be actuated only by means
of a manual switch,
and (c) there shall be a device for indicating to the driver that the system
is operating
properly or is inoperative.
(Source: P.A. 79-798.)
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(625 ILCS 5/12-902) (from Ch. 95 1/2, par. 12-902)
Sec. 12-902.
Rules and regulations.
The Department of Transportation
may promulgate rules
and regulations to more completely specify the equipment requirements for
every motor vehicle defined
as a religious organization bus under Section 1-111.1a.
(Source: P.A. 90-89, eff. 1-1-98.)
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(625 ILCS 5/Ch. 13 heading) CHAPTER 13.
INSPECTION OF VEHICLES
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(625 ILCS 5/13-100) (from Ch. 95 1/2, par. 13-100)
Sec. 13-100.
(Repealed).
(Source: P.A. 85-1407. Repealed by P.A. 90-89, eff. 1-1-98.)
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(625 ILCS 5/13-100.1)
Sec. 13-100.1.
Definitions.
As used in this Chapter, "affected areas"
means the
counties of Cook, DuPage, Lake, Kane, McHenry, Will, Madison, St. Clair, and
Monroe
and the townships of Aux Sable and Goose Lake in Grundy County and the township
of Oswego in Kendall County.
(Source: P.A. 91-254, eff. 7-1-00.)
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(625 ILCS 5/13-101) (from Ch. 95 1/2, par. 13-101)
Sec. 13-101. Submission to safety test; certificate of safety. To
promote the safety of the general public, every owner of a second division
vehicle, medical transport vehicle, tow truck, first division vehicle including a taxi which is used for a purpose that requires a school bus driver permit, motor vehicle used for driver education training, or 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 shall,
before operating the vehicle
upon the highways of Illinois, submit it to a "safety test" and secure a
certificate of safety furnished by the Department as set forth in Section
13-109. Each second division motor vehicle that pulls or draws a trailer,
semitrailer or pole trailer, with a gross weight of 10,001 lbs or more or
is registered for a gross weight of 10,001 lbs or more, motor bus,
religious organization bus, school bus, senior citizen transportation vehicle,
and limousine shall be subject to
inspection by the Department and the Department is authorized to
establish rules and regulations for the implementation of such inspections.
The owners of each salvage vehicle shall submit it to a "safety test" and
secure a certificate of safety furnished by the Department prior to its
salvage vehicle inspection pursuant to Section 3-308 of this Code.
In implementing and enforcing the provisions of this Section, the
Department and other authorized State agencies shall do so in a manner
that is not inconsistent with any applicable federal law or regulation so
that no federal funding or support is jeopardized by the enactment or
application of these provisions.
However, none of the provisions of Chapter 13 requiring safety
tests or a certificate of safety shall apply to:
(a) farm tractors, machinery and implements, wagons, | ||
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(b) vehicles other than school buses, tow trucks and | ||
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(c) a semitrailer or trailer having a gross weight of | ||
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(d) recreational vehicles;
(e) vehicles registered as and displaying Illinois | ||
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(f) house trailers equipped and used for living | ||
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(g) vehicles registered as and displaying Illinois | ||
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(h) vehicles owned or operated by a manufacturer, | ||
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(i) pole trailers and auxiliary axles;
(j) special mobile equipment;
(k) vehicles properly registered in another State | ||
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(l) water-well boring apparatuses or rigs;
(m) any vehicle which is owned and operated by the | ||
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(n) second division vehicles registered for a gross | ||
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The safety test shall include the testing and inspection of
brakes, lights, horns, reflectors, rear vision mirrors, mufflers,
safety chains, windshields and windshield wipers, warning flags and
flares, frame, axle, cab and body, or cab or body, wheels, steering
apparatus, and other safety devices and appliances required by this Code
and such other safety tests as the Department may by rule or regulation
require, for second division vehicles, school buses, medical transport
vehicles, tow trucks, first division vehicles including taxis which are used for a purpose that requires a school bus driver permit, motor vehicles used for driver education training, vehicles designed to carry 15 or fewer passengers
operated by a contract carrier transporting employees in the course of their
employment
on a highway of this State, trailers, and
semitrailers subject to inspection.
For tow trucks, the safety test and inspection shall also include
the inspection of winch mountings, body panels, body
mounts, wheel lift swivel points,
and sling straps, and other tests and inspections the Department by
rule requires for tow trucks.
For driver education vehicles used by public high schools, the vehicle must also be equipped with dual control brakes, a mirror on each side of the 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, and a sign visible from the front and the rear identifying the vehicle as a driver education car. For trucks, truck tractors, trailers, semi-trailers, buses engaged in interstate commerce as defined Section 1-133 of this Code, and first division vehicles including taxis which are used for a purpose that requires a school bus driver permit, the
safety test shall be conducted in accordance with the Minimum Periodic
Inspection Standards promulgated by the Federal Highway Administration of
the U.S. Department of Transportation and contained in Appendix G to
Subchapter B of Chapter III of Title 49 of the Code of Federal Regulations.
Those standards, as now in effect, are made a part of this Code, in the
same manner as though they were set out in full in this Code.
The passing of the safety test shall not be a bar at any time to
prosecution for operating a second division vehicle, medical
transport
vehicle, motor vehicle used for driver education training, or vehicle designed to carry 15 or fewer passengers operated by a
contract carrier as provided in this Section that is unsafe, as determined by
the standards prescribed in this Code.
(Source: P.A. 103-476, eff. 1-1-24.)
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(625 ILCS 5/13-101.1) (from Ch. 95 1/2, par. 13-101.1)
Sec. 13-101.1.
Senior citizen transportation vehicle.
Any vehicle of
12 or more passengers used in the transportation of senior citizens shall
bear placards on both sides indicating it is being used for such purposes.
The placards may be permanently or temporarily affixed to the vehicle.
The size of the letters must be at least 2 inches high and the stroke of
the brush must be at least 1/2 inch wide. Any such vehicle used for such
purposes shall be subject to the inspections provided for vehicles of the
second division and its operation shall be governed according to the requirements
of this Code.
(Source: P.A. 82-957.)
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(625 ILCS 5/13-102) (from Ch. 95 1/2, par. 13-102)
Sec. 13-102.
Tests and investigations.
The Department shall conduct tests and make investigations to determine
the kind and type of equipment necessary to test the brakes, lights, frame,
wheels, steering apparatus, including camber and caster of the axle, and
toe-in and tracking of the wheels, and all other devices and appliances
referred to in this Act; and shall make public its findings and furnish
upon request a list of the various testing devices approved by it.
(Source: P.A. 78-1244; 78-1297.)
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(625 ILCS 5/13-102.1)
Sec. 13-102.1. Diesel powered vehicle emission inspection report.
Beginning July
1, 2000, the Department of Transportation
shall
conduct an annual study concerned with the results
of
emission inspections for diesel powered vehicles registered for a gross weight
of more than 16,000 pounds or having a gross vehicle weight rating of more
than 16,000 pounds. The
study
shall be reported to the General Assembly by June 30, 2001, and every
June
30 thereafter. The study shall also be sent to the Illinois
Environmental
Protection Agency for its use in environmental matters.
The study shall include, but not be limited to, the following information:
(a) the number of diesel powered vehicles that were | ||
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(b) the number of diesel powered vehicles that failed | ||
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(c) the number of diesel powered vehicles that failed | ||
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(Source: P.A. 102-566, eff. 1-1-22.)
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(625 ILCS 5/13-102.2) Sec. 13-102.2. Diesel Emissions Opacity Report. (a) By March 15, 2023, the Department of Transportation shall make available to the public a report that includes the following: (1) a summary and disclosure of actual Department | ||
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(2) a census of the opacity limits for other states | ||
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(3) a summary of actual air quality data in Illinois | ||
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(4) substantive input from trucking or transportation | ||
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(b) In the report, the Department must include the following items in an effort for the State to better understand the technology, repair, and enforcement elements of diesel emissions standards in Illinois: (1) an analysis of the feasibility of including an | ||
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(2) recommendations for improving the effectiveness | ||
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(Source: P.A. 102-566, eff. 1-1-22.) |
(625 ILCS 5/13-103) (from Ch. 95 1/2, par. 13-103)
Sec. 13-103. Official testing stations - Fee - Permit - Bond. Upon the
payment of a fee of $50 and the filing of an application
by the proprietor of a company or municipality upon forms furnished by the Department, accompanied by proof of
experience, training and ability of the operator of the testing
equipment, together with proof of approved testing
equipment as defined in Section 13-102 and the giving of a bond
conditioned upon faithful observance of this Section and of rules and
regulations issued by the Department in the amount of $10,000 with
security approved by the Department, the Department shall issue a permit
to the proprietor of such company or municipality to
operate an Official Testing Station. Such permit shall expire 12 months
following its issuance, but may be renewed annually by complying
with the requirements set forth in this Section and upon the payment of a
renewal fee of $50. Proprietors of official testing stations for
which permits have been issued prior to the effective date of this Act
may renew such permits for the renewal fee of $50 on the expiration
of each 12 months following issuance of such permits, by complying with
the requirements set forth in this Section. However, any city, village or
incorporated town shall upon application to the Department and without
payment of any fee or filing of any bond, but upon proof of experience,
training and ability of the operator of the testing equipment, and proof
of approved testing equipment as defined in Section
13-102, be issued a permit to operate such testing station as an
Official Testing Station under this Act. The permit so
issued shall at all times be displayed in a prominent place in the official testing station which is licensed as
an Official Testing Station under this Act. No
person or company or municipality shall in any manner claim or represent himself or itself to be
an official testing station unless a permit has been issued to him or it
as provided in this Section.
Any person or municipality who or which has received a permit under
this Section may test his or its own second division
vehicles and issue certificates of safety and conduct emission inspections of
his or its own second division vehicles in accordance with the requirements of
Section 13-109.1 with respect to any such
second division vehicles owned, operated or controlled by him or it.
Each such permit issued by the Department shall state on its face the
location of the official testing station to be operated under the permit and
safety tests shall be made only at such location. However, the
Department may, upon application, authorize a change in the
location of the official testing station and the removal of the testing
equipment to the new location. Upon approval of such application, the
Department shall issue an endorsement which the applicant shall affix to
his permit. Such endorsement constitutes authority for the applicant to
make such change in location and to remove his testing equipment at the
times and to the places stated in the endorsement.
(Source: P.A. 103-476, eff. 1-1-24.)
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(625 ILCS 5/13-103.1) (from Ch. 95 1/2, par. 13-103.1)
Sec. 13-103.1. Annual certification of certified safety testers and certified diesel emission testers - Fee - Renewal.
Only certified safety testers are authorized to perform safety tests and
affix Certificates of Safety to vehicles. The Department shall annually
certify those certified safety testers and certified diesel emission testers who have met its requirements. Certified safety testers' and certified diesel emission testers'
certificates shall expire 12 months following the date of issue, but may
be renewed annually by complying with the requirements as established by the Department.
(Source: P.A. 103-476, eff. 1-1-24.)
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(625 ILCS 5/13-103.2) (from Ch. 95 1/2, par. 13-103.2)
Sec. 13-103.2.
Reclassification of nonconforming station.
The
Department may not change the administrative classification of a
nonconforming official testing station from its present classification to a
less favorable classification upon a change in ownership of the station, if
(1) the nonconforming official testing station has held its present
administrative classification since July 1, 1972, and (2) the station meets
all requirements for its present classification, other than the requirement
of having an exit door in direct line with the safety test equipment and
(3) the station is located in a county with no other class "A" or class
"C" official testing station.
(Source: P.A. 84-1422.)
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(625 ILCS 5/13-103.3) Sec. 13-103.3. Official portable emissions testing company; fee; permit; bond. Upon the payment of a fee of $50 and the filing of an application by the proprietor of any company upon forms furnished by the Department, accompanied by proof of experience, training, and ability of the operator of the testing equipment, together with proof of approved testing equipment as defined in Section 13-102 and the giving of a bond conditioned upon faithful observance of this Section and of rules adopted by the Department in the amount of $10,000 with security approved by the Department, the Department shall issue a permit to the proprietor of the vehicle service company to operate an official portable emissions testing company. An official portable emissions testing company shall only conduct portable emissions inspections for diesel fleets with 5 or more diesel vehicles required to be inspected under subsection (a) of Section 13-109.1, and only at the fleet owner's place of business. A permit issued under this Section shall expire 12 months following its issuance, but may be renewed annually by complying with this Section and upon the payment of a renewal fee of $50. No person or company shall operate as an official portable emissions testing company without having been issued a permit as provided in this Section. A permittee under this Section may test second division vehicles owned, operated, or controlled by the permittee to conduct emission inspections of such vehicles in accordance with Section 13-109.1. Each permit issued by the Department shall state on its face the location of the recordkeeping office of the proprietor of the official portable emissions testing company. However, the Department, upon application, may authorize a change in the location of the recordkeeping office. Upon the approval of such an application, the Department shall issue an endorsement to be fixed by the applicant to the permit. Such an endorsement constitutes authority for the applicant to make the change in location.
(Source: P.A. 102-566, eff. 1-1-22; 103-476, eff. 1-1-24.) |
(625 ILCS 5/13-103.4) Sec. 13-103.4. Official mobile safety testing company; fee; permit; bond. Upon the payment of a fee of $50 and the filing of an application by the proprietor of a company or municipality seeking to perform mobile safety inspections upon forms furnished by the Department, accompanied by proof of experience, training, and ability of the operator of the testing equipment, together with proof of approved testing equipment as defined in Section 13-102 and the giving of a bond conditioned upon faithful observance of this Section and rules adopted by the Department in the amount of $10,000 with security approved by the Department, the Department shall issue a permit to the proprietor to operate an official mobile safety testing company. An official mobile safety testing company must maintain a physical office in this State. The permit shall expire 12 months following its issuance, but may be renewed annually by complying with the requirements set forth in this Section and upon the payment of a renewal fee of $50. The permit so issued shall at all times be displayed in a prominent place in the official mobile safety testing vehicle as well as at the required physical office of the testing company. No person or official mobile safety testing company shall in any manner claim or represent himself, herself, or itself to be an official mobile safety testing company unless a permit has been issued to the person or company as provided in this Section. Any person or municipality that has received a permit under this Section may test the second division vehicles owned by the person or municipality and issue certificates of safety vehicles owned by the person or municipality in accordance with the requirements of Section 13-109.1 with respect to any such vehicles owned, operated, or controlled by the person or municipality. Each such permit issued by the Department shall state on its face the location of the physical office of the official mobile safety testing company. The physical office shall be the location in which all records are stored and retained. Official mobile safety testing companies shall only perform safety tests of vehicles at the vehicle owner's place of business with a 48-hour advance notice to the Department. The Department may, upon application, authorize a change in the location of the physical office to a new location. Upon the approval of such an application, the Department shall issue an endorsement, which the applicant shall affix to his or her permit. Such an endorsement constitutes authority for the applicant to operate. As used in this Section, "official mobile safety testing company" means a safety testing company permitted to test trucks, truck tractors, trailers, semi-trailers, and buses engaged in interstate commerce as defined Section 1-133 of this Code. The safety test shall be conducted in accordance with the Minimum Periodic Inspection Standards promulgated by the Federal Highway Administration of the United States Department of Transportation and contained in Appendix G to Subchapter B of Chapter III of Title 49 of the Code of Federal Regulations. The Department shall adopt rules to implement this Section. (Source: P.A. 103-476, eff. 1-1-24.) |
(625 ILCS 5/13-104) (from Ch. 95 1/2, par. 13-104)
Sec. 13-104.
Obtaining or issuing a certificate of safety without proper test-
Suspension or revocation of license.
Any motor vehicle owner, driver or operator who accepts, obtains or
attempts to obtain a certificate of safety without securing a test, or by a
test which is known by him to have been improperly made, shall be guilty of
a petty offense and shall be fined not less than $5.00 nor more than
$100.00 for the first such certificate so accepted or obtained, or
attempted to be obtained; and for the second such certificate obtained or
attempted to be obtained, not less than $25.00 nor more than $200.00; and
for each certificate after the second certificate, obtained or attempted to
be obtained, not less than $100.00 nor more than $300.00. The same
penalties shall apply to official testing station operators who issue
certificates of safety in violation of this Chapter.
When a license is suspended, the suspension shall be for not less than
30 nor more than 180 days. When a license is revoked, the owner of the
station cannot make an application for a new license within the period of
twelve months after the date of the revocation and then, upon his making an
application, the Department of Transportation shall consider this record in
deciding whether or not to grant the license.
(Source: P.A. 78-255.)
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(625 ILCS 5/13-105) (from Ch. 95 1/2, par. 13-105)
Sec. 13-105.
Inspection of official testing stations.
Employees specifically authorized by the Department so to do shall
inspect all "Official Testing Stations" at frequent intervals. Such
employees shall have access to all records relating to tests and work done
or parts sold as a result of such tests, to ascertain whether or not tests
are properly, fairly and honestly made, and may examine the owner of the
official testing station or any officer or employee thereof under oath.
The Department shall conduct periodic nonscheduled inspection on owners
premises of vehicles owned and operated by licensed "Independent Official
Testing Stations."
(Source: P.A. 86-447.)
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(625 ILCS 5/13-105.1) Sec. 13-105.1. Inspection of official portable emissions testing company. Employees specifically authorized by the Department shall inspect, at frequent intervals, vehicles, equipment, and the recordkeeping office used by an official portable emissions testing company. Department employees under this Section shall have access to all records, relating to tests and work done or parts sold as a result of such tests, to ascertain whether tests are properly, fairly, and honestly made. Department employees under this Section may examine the owner of an official portable emissions company or any officer or employee thereof under oath. The Department shall conduct periodic nonscheduled inspections of the premises of vehicles owned and operated by a licensed official portable emissions testing company.
(Source: P.A. 102-566, eff. 1-1-22.) |
(625 ILCS 5/13-105.2) Sec. 13-105.2. Inspection of official mobile safety testing companies. Employees specifically authorized by the Department to conduct inspections shall inspect all official mobile safety testing companies at frequent intervals. Such employees shall have access to all records relating to tests and work done or parts sold as a result of such tests, to ascertain whether the tests are properly, fairly, and honestly made, and may examine the owner of the official mobile safety testing company or any officer or employee thereof under oath.(Source: P.A. 103-476, eff. 1-1-24.) |
(625 ILCS 5/13-106) (from Ch. 95 1/2, par. 13-106)
Sec. 13-106. Rates and charges by official testing stations, official mobile testing companies, and official portable emissions testing companies; schedule
to be filed. Every operator of an official testing station or official portable emissions testing company shall file with
the Department, in the manner prescribed by the Department, a schedule of
all rates and charges made by him for performing the tests
provided for in
Section 13-101 and Section 13-109.1. Such rate or charge shall include an
amount to reimburse
the operator of the official testing station or official portable emissions testing company for the purchase from the
Department
of the certificate of safety required by this chapter, not to exceed that
fee paid to the Department by the operator authorized by this chapter.
Such rates and charges shall be just and reasonable and the Department upon
its own initiative or upon complaint of any person or corporation may require
the testing station operator to appear for a hearing and prove that the
rates so filed are just and reasonable. A "just and reasonable" rate or
charge, for the purposes of this Section, means a rate or charge which is
the same, or nearly the same, as the prevailing rate or charge for the same
or similar tests made in the community where the station is located. No
operator may change this schedule of rates and charges until the proposed
changes are filed with and approved by the Department. No license may be
issued to any official testing station or official portable emissions testing company unless the applicant has filed with
the Department a proposed schedule of rates and charges and unless such
rates and charges have been approved by the Department. No operator of
an official testing station or official portable emissions testing company shall charge more or less than the rates so
filed with and approved by the Department.
(Source: P.A. 102-566, eff. 1-1-22; 103-476, eff. 1-1-24.)
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(625 ILCS 5/13-107) (from Ch. 95 1/2, par. 13-107)
Sec. 13-107. Investigation of complaints against official testing stations, official mobile testing companies, and official portable emissions testing companies. The Department shall, upon its own motion, or upon charges made in
writing verified under oath, investigate complaints that an official
testing station or official portable emissions testing company is willfully falsifying records or tests,
either for the
purpose of selling parts or services not actually required, or for the
purpose of issuing a certificate of safety for a vehicle designed to carry 15
or fewer passengers operated by a contract carrier transporting
employees in the course of their employment on a highway of this State,
second division
vehicle,
or medical transport vehicle
that is not in safe mechanical condition as determined by the standards of
this Chapter in violation of the provisions of this Chapter or of the rules
and regulations issued by the Department.
The Secretary of Transportation, for the purpose of more effectively
carrying out the provisions of Chapter 13, may appoint such a number of
inspectors as he may deem necessary. Such inspectors shall inspect and
investigate applicants for official testing station or official portable emissions testing company permits and investigate
and report violations. With respect to enforcement of the
provisions of this Chapter 13, such inspectors shall have and may exercise
throughout the State all the powers of police officers.
The Secretary must authorize to each inspector and to any other employee of
the Department exercising the powers of a peace officer a distinct badge that,
on its face, (i) clearly states that the badge is authorized by the Department
and (ii) contains a unique identifying number. No other badge shall be
authorized by the Department.
Nothing in this Section prohibits the Secretary from issuing shields or other
distinctive identification to employees not exercising the powers of a peace
officer if the Secretary determines that a shield or distinctive identification
is needed by the employee to carry out his or her responsibilities.
(Source: P.A. 102-566, eff. 1-1-22; 103-476, eff. 1-1-24.)
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(625 ILCS 5/13-108) (from Ch. 95 1/2, par. 13-108)
Sec. 13-108. Hearing on complaint against official testing station, official mobile testing company, or official portable emissions testing company; suspension or
revocation of permit. If it appears to the Department, either through its own investigation or
upon charges verified under oath, that any of the provisions of this
Chapter or the rules and regulations of the Department are being violated,
the Department shall, after notice to the person, firm, or corporation
charged with such violation, conduct a hearing. At least 10 days prior to
the date of such hearing the Department shall cause to be served upon the
person, firm, or corporation charged with such violation, a copy of such
charge or charges by registered mail or by the personal service thereof,
together with a notice specifying the time and place of such hearing. At
the time and place specified in such notice, the person, firm, or corporation
charged with such violation shall be given an opportunity to appear in
person or by counsel and to be heard by the Secretary of Transportation or
an officer or employee of the Department designated in writing by him to
conduct such hearing. If it appears from the hearing that such person, firm,
or corporation is guilty of the charge preferred against the person, firm, or corporation, the
Secretary of Transportation may order the permit suspended or revoked, and
the bond forfeited. Any such revocation or suspension shall not be a bar to
subsequent arrest and prosecution for violation of this Chapter.
(Source: P.A. 102-566, eff. 1-1-22; 102-813, eff. 5-13-22; 103-476, eff. 1-1-24.)
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(625 ILCS 5/13-109) (from Ch. 95 1/2, par. 13-109)
Sec. 13-109. Safety test prior to application for
license - Subsequent tests - Repairs - Retest. (a) Except as otherwise provided in Chapter 13, each second division
vehicle, first division vehicle including a taxi which is used for a purpose that requires a school bus driver permit, and medical transport vehicle, except those vehicles other than
school buses or medical transport vehicles owned or operated by a municipal
corporation or political subdivision having a population of 1,000,000 or
more inhabitants which are subjected to safety tests imposed by local
ordinance or resolution, operated in whole or in part over the highways
of this State, motor vehicle used for driver education training, and each vehicle designed to carry 15 or fewer passengers
operated by a contract carrier transporting employees in the course of
their employment
on a highway of this State, shall be subjected to the safety
test provided for in Chapter
13 of this Code. Tests shall be conducted at an official testing station
or by an official mobile safety testing company within 6 months prior to the application for registration as provided
for in this Code. Subsequently each vehicle shall be subject to tests (i) at
least every 6 months, (ii) in the case of school buses and first division vehicles including taxis which are used for a purpose that requires a school bus driver permit, at least every 6
months or 10,000 miles, whichever occurs first, (iii) in the case of driver education vehicles used by public high schools, at least every 12 months for vehicles over 5 model years of age or having an odometer reading of over 75,000 miles, whichever occurs first, or (iv) in the case of truck tractors, semitrailers, and property-carrying vehicles registered for a gross weight of more than 10,000 pounds but less than 26,001 pounds, at least every 12 months, and according to
schedules established by rules and regulations promulgated by the
Department. Any component subject to regular inspection which is
damaged in a reportable crash must be reinspected before the bus or first division vehicle including a taxi which is used for a purpose that requires a school bus driver permit is
returned to service.
(b) The Department shall also conduct periodic nonscheduled inspections
of school buses, of buses registered as charitable vehicles and of
religious organization buses. If such inspection reveals that a vehicle is
not in substantial compliance with the rules promulgated by the Department,
the Department shall remove the Certificate of Safety from the vehicle, and
shall place the vehicle out-of-service. A bright orange, triangular decal
shall be placed on an out-of-service vehicle where the Certificate of
Safety has been removed. The vehicle must pass a safety test at an
official testing station or official mobile safety testing company before it is again placed in service.
(c) If the violation is not substantial a bright yellow, triangular
sticker shall be placed next to the Certificate of Safety at the time the
nonscheduled inspection is made. The Department shall reinspect the
vehicle after 3 working days to determine that the violation has been
corrected and remove the yellow, triangular decal. If the violation is not
corrected within 3 working days, the Department shall place the vehicle
out-of-service in accordance with procedures in subsection (b).
(d) If a violation is not substantial and does not directly affect the
safe operation of the vehicle, the Department shall issue a warning notice
requiring correction of the violation. Such correction shall be
accomplished as soon as practicable and a report of the correction shall be
made to the Department within 30 days in a manner established by the
Department. If the Department has not been advised that the corrections
have been made, and the violations still exist, the Department shall place
the vehicle out-of-service in accordance with procedures in subsection
(b).
(e) The Department is authorized to promulgate regulations to implement its
program of nonscheduled inspections. Causing or allowing the operation of
an out-of-service vehicle with passengers or unauthorized removal of an
out-of-service sticker is a Class 3 felony. Causing or allowing the
operation of a vehicle with a 3-day sticker for longer than 3 days with the
sticker attached or the unauthorized removal of a 3-day sticker is a Class C
misdemeanor.
(f) If a second division vehicle, first division vehicle including a taxi which is used for a purpose that requires a school bus driver permit, medical transport vehicle, or
vehicle operated by a contract carrier as provided in subsection (a) of this
Section is in safe
mechanical condition, as determined pursuant to Chapter 13, the operator of
the official testing station or official mobile safety testing company must at once issue to the second division
vehicle, first division vehicle including a taxi which is used for a purpose that requires a school bus driver permit, or medical transport vehicle a certificate of safety, in the form
and manner prescribed by the Department, which shall be affixed to the
vehicle by the certified safety tester who performed the safety tests. The
owner of the second division vehicle, first division vehicle including a taxi which is used for a purpose that requires a school bus driver permit, or medical transport vehicle or the
contract carrier shall at
all times display the Certificate of Safety on the second division vehicle, first division vehicle including a taxi which is used for a purpose that requires a school bus driver permit, medical transport vehicle, or vehicle operated by a contract carrier
in the manner prescribed by the Department.
(g) If a test shows that a second division vehicle, first division vehicle including a taxi which is used for a purpose that requires a school bus driver permit, medical
transport
vehicle, or vehicle operated by a contract carrier is not in safe
mechanical condition as provided in this Section, it
shall not be operated on the highways until it has been repaired and
submitted to a retest at an official testing station or official mobile safety testing company. If the owner or
contract carrier submits
the vehicle to a retest at
a
different official testing station or official mobile safety testing company from that where it failed to pass the
first test, he or she shall present to the operator of the second station the
report of the original test, and shall notify the Department in writing,
giving the name and address of the original testing station or official mobile safety testing company and the defects
which prevented the issuance of a Certificate of Safety, and the name and
address of the second official testing station or official mobile safety testing company making the retest.
(Source: P.A. 102-982, eff. 7-1-23; 103-476, eff. 1-1-24.)
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(625 ILCS 5/13-109.1)
Sec. 13-109.1. Annual emission inspection tests;
standards; penalties;
funds. (a) For each diesel powered vehicle that (i) is registered for a gross
weight of
more than 16,000 pounds, (ii) is registered within an affected area, and
(iii) is a 2 year
or older model year, an annual emission
inspection test
shall be conducted at an official testing station or by an official portable emissions testing company certified by the Illinois
Department
of Transportation to perform
diesel emission inspections pursuant to the standards set forth in
subsection
(b) of this
Section. This annual emission inspection test may be conducted in conjunction
with a
semi-annual safety test.
(a-5) (Blank).
(b) Diesel emission inspections conducted under this Chapter 13 shall be
conducted in accordance with the Society of Automotive Engineers Recommended
Practice J1667
"Snap-Acceleration Smoke Test Procedure for Heavy-Duty Diesel Powered
Vehicles" and the cutpoint standards set forth in the United States
Environmental Protection Agency guidance
document "Guidance to States on Smoke Opacity Cutpoints to be used with the
SAE J1667 In-Use Smoke Test Procedure". Those procedures and standards, as
now in effect, are made a part of this Code, in the same manner as though they
were set out in full in this Code.
Notwithstanding the above cutpoint standards, for motor vehicles that are
model years 1973 and
older, until
December 31,
2002, the level of peak smoke opacity shall not exceed 70 percent. Beginning
January
1, 2003, for motor vehicles that are model years 1973 and older, the level of
peak smoke
opacity shall not exceed 55 percent.
(c) If the annual emission inspection under subsection (a) reveals
that the vehicle is not in compliance with
the
diesel emission standards set forth in subsection (b) of this Section, the
operator of the
official
testing station or official portable emissions testing company shall issue a warning notice requiring correction of the
violation. The correction shall be made and the vehicle submitted to an
emissions retest at an official testing station or official portable emissions testing company certified by the Department to
perform diesel emission inspections within 30 days from the issuance of the
warning notice requiring correction of the violation.
If, within 30 days from the issuance of the warning notice, the vehicle is
not in compliance with the diesel
emission standards set forth in subsection (b) as determined by an emissions
retest at an official testing station or through an official portable emissions testing company, the certified emissions testing operator or the Department shall place the vehicle out-of-service in
accordance with the rules promulgated by the Department. Operating a vehicle
that has been placed out-of-service under this subsection (c) is a petty
offense punishable by a $1,000 fine.
The vehicle must pass a diesel emission inspection at an official testing
station before it is again placed in service.
The Secretary of State, Illinois State Police, and other law enforcement
officers shall enforce this Section.
No emergency vehicle, as defined in Section 1-105, may be placed out-of-service
pursuant to this Section.
The Department, an official testing station, or an official portable emissions testing company may issue a certificate of
waiver subsequent to a reinspection of a vehicle that failed the emissions
inspection. Certificate of waiver shall be issued upon determination that
documented proof demonstrates that emissions repair costs for the noncompliant
vehicle of at least $3,000 have been spent in an effort to achieve
compliance with the emission standards set forth in subsection (b). The
Department of Transportation shall adopt rules for the implementation of this
subsection including standards of documented proof as well as the criteria by
which a waiver shall be granted.
(c-5) (Blank).
(d) (Blank).
(Source: P.A. 102-538, eff. 8-20-21; 102-566, eff. 1-1-22; 102-813, eff. 5-13-22.)
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(625 ILCS 5/13-109.2)
Sec. 13-109.2.
Pollution Control Board diesel emission standards and
tests. Within 8 months of the effective date of this amendatory Act of the
91st General Assembly, the Pollution Control Board shall amend its heavy-duty
diesel smoke opacity standards and test procedures to be consistent with the
procedures and standards set forth in Section 13-109.1.
(Source: P.A. 91-254, eff. 7-1-00.)
|
(625 ILCS 5/13-109.3)
Sec. 13-109.3.
Exemption from diesel emissions inspections.
Second division vehicles being operated on plates issued pursuant to
subsection (c) of Section 3-815
are exempt from the diesel emissions inspection requirements set forth
in this Chapter.
(Source: P.A. 91-254, eff. 7-1-00.)
|
(625 ILCS 5/13-110) (from Ch. 95 1/2, par. 13-110) Sec. 13-110. Certificate of safety. (a) Certificates of Safety shall be in contrasting colors, with a number on the face of the Certificate indicating the month of the next inspection period the vehicle is subject to inspection. Certificates for school buses shall also indicate the mileage at which the school bus shall be subject to inspection if it occurs before the next regular inspection period. The colors of Certificates of Safety shall be prescribed by the Department. (b) Certificates of Safety, which remain the property of the State of Illinois, will be provided to Official Testing Stations and official mobile safety testing companies by the Department at the fee of $1 each. Certificates of Safety which remain unused at the end of each inspection period will be redeemed for the same amount in a manner prescribed by the Department. (c) Nothing in this Chapter shall be construed as a suggestion or direction to any owner to require him to have any repairs made or any work done by any official testing station or official mobile safety testing company, but all tests must be made at an official testing station to secure the issuance of a certificate of safety, and no certificate of safety issued by any other than an official testing station or official mobile safety testing company shall be deemed a compliance with this Chapter.(Source: P.A. 103-476, eff. 1-1-24.) |
(625 ILCS 5/13-111) (from Ch. 95 1/2, par. 13-111)
Sec. 13-111. Operation without certificate of safety attached; effective date
of certificate.
(a) Except as provided for in Chapter 13, no person shall operate any
vehicle required to be inspected by this Chapter upon the highways of this
State unless there is affixed to that vehicle a certificate of safety then in
effect. The Secretary of State, State Police, and other police officers shall
enforce this Section. The Department shall determine the expiration date of the
certificate of safety.
The certificates, all forms and records, reports of tests and retests,
and the full procedure and methods of making the tests and retests, shall
be in the form prescribed by the Department.
(b) Every person convicted of violating this Section is guilty
of a petty offense with a minimum fine of $95 and a maximum fine of $250; unless the violation is contemporaneous with a motor vehicle crash, in which case the person is guilty of a Class C misdemeanor.
(Source: P.A. 102-982, eff. 7-1-23.)
|
(625 ILCS 5/13-112) (from Ch. 95 1/2, par. 13-112)
Sec. 13-112.
Exemption from local tests.
Any second division vehicle or limousine displaying a certificate of safety
issued
under this Chapter is exempt from any test required by ordinance or
otherwise in any city, village or incorporated town in this State.
(Source: P.A. 87-1111.)
|
(625 ILCS 5/13-113) (from Ch. 95 1/2, par. 13-113)
Sec. 13-113.
Sale or exchange of used vehicle without
certificate of safety. No person engaged in the business of buying,
selling or exchanging motor vehicles shall sell, transfer or exchange
any used second division vehicle or medical transport vehicle unless
it has been tested and a
currently valid certificate of safety has been issued therefor:
Provided, that such person engaged in the business of buying, selling or
exchanging motor vehicles may sell, transfer or exchange any used second
division vehicle or medical transport vehicle
without a valid certificate of safety if the sale,
transfer or exchange is for the purpose of restoring or repairing such
vehicle to a condition in which it can pass the test for a certificate
of safety, or for the purpose of junking. Provided, however, that the
used second division vehicle or medical transport vehicle
is not moved under its own power to the
location in which it will be restored, repaired or junked.
(Source: P.A. 82-433.)
|
(625 ILCS 5/13-114) (from Ch. 95 1/2, par. 13-114)
Sec. 13-114. Interstate carriers of property. Any vehicle registered in Illinois and operated by an interstate carrier
of property shall be exempt from the provisions of
this Chapter provided such carrier has registered with the Bureau of
Motor Carrier Safety of the Federal Highway Administration
as an interstate motor carrier of property and has been assigned a
federal census number by such Bureau. An interstate carrier of
property, however, is not exempt from the provisions of
Section 13-111(b)
of this Chapter.
Any vehicle registered in Illinois and operated by a private interstate
carrier of property shall be exempt from the provisions of this Chapter,
except the provisions of Section 13-111(b),
provided it:
1. is registered with the Bureau of Motor Carrier | ||
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2. carries in the motor vehicle documentation issued | ||
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3. displays on the sides of the motor vehicle the | ||
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(Source: P.A. 100-700, eff. 8-3-18; 101-362, eff. 1-1-20.)
|
(625 ILCS 5/13-115) (from Ch. 95 1/2, par. 13-115)
Sec. 13-115.
School buses-pretrip inspections.
Each day that a school bus is operated the driver shall conduct a
pretrip inspection of the mechanical and safety equipment on the bus as
prescribed by rule or regulation of the Department.
A person other than the driver may perform portions of the pretrip inspection
as prescribed by rule of the Department.
(Source: P.A. 89-658, eff. 1-1-97.)
|
(625 ILCS 5/13-116) (from Ch. 95 1/2, par. 13-116)
Sec. 13-116.
All funds collected by the Department under this Chapter
shall be deposited in the road fund in the State Treasury.
(Source: P.A. 80-606.)
|
(625 ILCS 5/13-116.1)
Sec. 13-116.1. Emission inspection funding. The Department of
Transportation
shall be reimbursed for all expenses
related to the training, equipment, recordkeeping, and conducting of
diesel powered emission inspections pursuant to this Chapter 13 when that
testing is conducted within the affected areas, subject to
appropriation,
from the General Revenue Fund. No moneys
from any funds other than the General
Revenue Fund shall be appropriated for
diesel emission inspections under
this
Chapter 13.
(Source: P.A. 100-700, eff. 8-3-18.)
|
(625 ILCS 5/13-117)
Sec. 13-117.
Home rule.
A unit of local government within the affected
areas, including home rule units, shall not require or
conduct a diesel emission inspection program that does not meet or exceed the
standards of the diesel emission inspections provided for in
this Chapter 13. A unit of local government within the affected areas,
including home rule units, must affirmatively comply with the diesel emission
inspection requirements of this Chapter 13.
This Section 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. 91-254, eff. 7-1-00.)
|
(625 ILCS 5/Ch. 13A heading) CHAPTER 13A.
EMISSION INSPECTION
(Repealed by P.A. 92-682, eff. 1-1-03.)
|
(625 ILCS 5/Ch. 13B heading) CHAPTER 13B.
EMISSION INSPECTION
(Repealed internally, eff. 7-1-07)
|
(625 ILCS 5/Ch. 13C heading)
CHAPTER 13C. EMISSION INSPECTION
(Source: P.A. 94-526, eff. 1-1-06.) |
(625 ILCS 5/13C-1) Sec. 13C-1. Short title. This Chapter may be cited as the Vehicle Emissions Inspection Law of 2005.
(Source: P.A. 94-526, eff. 1-1-06.) |
(625 ILCS 5/13C-5) Sec. 13C-5. Definitions. For the purposes of this Chapter: "Affected counties" means Cook County; DuPage County; Lake County; those parts of Kane County that are not included within any of the following ZIP code areas, as designated by the U.S. Postal Service on the effective date of this amendatory Act of the 94th General Assembly: 60109, 60119, 60135, 60140, 60142, 60144, 60147, 60151, 60152, 60178, 60182, 60511, 60520, 60545, and 60554; those parts of Kendall County that are not included within any of the following ZIP code areas, as designated by the U.S. Postal Service on the effective date of this amendatory Act of the 94th General Assembly: 60447, 60450, 60512, 60536, 60537, 60541, those parts of 60543 that are not within the census defined urbanized area, 60545, 60548, and 60560; those parts of McHenry County that are not included within any of the following ZIP code areas, as designated by the U.S. Postal Service on the effective date of this amendatory Act of the 94th General Assembly: 60001, 60033, 60034, 60071, 60072, 60097, 60098, 60135, 60142, 60152, and 60180; those parts of Will County that are not included within any of the following ZIP code areas, as designated by the U.S. Postal Service on the effective date of this amendatory Act of the 94th General Assembly: 60401, 60407, 60408, 60410, 60416, 60418, 60421, 60442, 60447, 60468, 60481, 60935, and 60950; those parts of Madison County that are not included within any of the following ZIP code areas, as designated by the U.S. Postal Service on the effective date of this amendatory Act of the 94th General Assembly: 62001, 62012, 62021, 62026, 62046, 62058, 62061, 62067, 62074, 62086, 62088, 62097, 62249, 62275, 62281, and 62293; those parts of Monroe County that are not included within any of the following ZIP code areas, as designated by the U.S. Postal Service on the effective date of this amendatory Act of the 94th General Assembly: 62244, 62248, 62256, 62261, 62264, 62276, 62277, 62278, 62279, 62295, and 62298; and those parts of St. Clair County that are not included within any of the following ZIP code areas, as designated by the U.S. Postal Service on the effective date of this amendatory Act of the 94th General Assembly: 62224, 62243, 62248, 62254, 62255, 62257, 62258, 62260, 62264, 62265, 62269, 62278, 62282, 62285, 62289, 62293, and 62298. "Board" means the Illinois Pollution Control Board. "Claim evaluation center" means an automotive diagnostic facility that meets the standards prescribed by the Agency for performing examinations of vehicle emissions inspection damage claims. "Contractor" means the vehicle emissions test contractor for official inspection stations described in Section 13C-45. "Diagnostic code" means a code stored in a vehicle's on-board diagnostic computer to indicate the occurrence of an emissions-related condition or malfunction. "Inspection area" means Cook County, DuPage County, Lake County, and those portions of Kane, Kendall, Madison, McHenry, Monroe, Will, and St. Clair Counties included in the definition of "affected counties". "Malfunction indicator lamp" or "MIL" means a dashboard lamp designed to illuminate to alert the driver to the occurrence of a problem or condition resulting in excessive emissions. "On-board diagnostic system" or "OBD system" means the computer-based system built into a vehicle that is designed to monitor the performance of major engine and emissions controls, to alert the operator to emissions-related malfunctions, and to store diagnostic codes and other vehicle operating information useful in repairing the vehicle. "Official inspection station" means a structure or physical location where the Agency has authorized vehicle emissions testing to be conducted. "Owner" means the registered owner of the vehicle, as indicated on the vehicle's registration. In the case of an unregistered vehicle, "owner" has the meaning set forth in Section 1-155 of this Code. "Program" means the vehicle emission inspection program established under this Chapter. "Readiness status" means an indication of whether a vehicle's on-board diagnostic system has completed a periodic check of the performance of a monitored system or component. "Resident" includes natural persons, foreign and domestic corporations, partnerships, associations, and all other commercial and governmental entities. For the purpose of determining residence, the owner of a vehicle shall be presumed to reside at the address indicated on the vehicle's registration. A governmental entity, including the federal government and its agencies, and any unit of local government or school district, any part of which is located within an affected county, shall be deemed a resident of an affected county for the purpose of any vehicle that is owned by the governmental entity and regularly operated in an affected county. "Registration" of a vehicle means its registration under Article IV of Chapter 3 of this Code. "Vehicle age" means the numerical difference between the current calendar year and the vehicle model year.
(Source: P.A. 97-106, eff. 2-1-12.) |
(625 ILCS 5/13C-10) Sec. 13C-10. Program. (a) The Agency shall establish a program to begin February 1, 2007, to reduce the emission of pollutants by motor vehicles. This program shall be a replacement for and continuation of the program established under the Vehicle Emissions Inspection Law of 1995, Chapter 13B of this Code. At a minimum, this program shall provide for all of the following: (1) The inspection of certain motor vehicles every 2 | ||
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(2) The establishment and operation of official | ||
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(3) The designation of official test equipment and | ||
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(4) The training and supervision of inspectors and | ||
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(5) Procedures to assure the correct operation, | ||
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(6) Procedures for certifying test results and for | ||
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(7) The funding of electric vehicle rebates and | ||
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(b) The Agency shall provide for the operation of a sufficient number of official inspection stations to prevent undue difficulty for motorists to obtain the inspections required under this Chapter. In the event that the Agency operates inspection stations or contracts with one or more parties to operate inspection stations on its behalf, the Agency shall endeavor to: (i) locate the stations so that the owners of vehicles subject to inspection reside within 12 miles of an official inspection station; and (ii) have sufficient inspection capacity at the stations so that the usual wait before the start of an inspection does not exceed 15 minutes.
(Source: P.A. 102-662, eff. 9-15-21.) |
(625 ILCS 5/13C-15)
Sec. 13C-15. Inspections. (a) Computer-Matched Inspections and Notification. (1) The provisions of this subsection (a) are | ||
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The Agency shall send notice of the assigned | ||
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The Agency or its agent may issue an interim emission | ||
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The owner of each vehicle subject to inspection shall | ||
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(2) Except as provided in paragraph (a)(3), vehicles | ||
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(3) A vehicle may be inspected at a time outside of | ||
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(4) The owner of a vehicle subject to inspection | ||
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(5) For a $20 fee, to be paid into the Vehicle | ||
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(A) A vehicle registered in and subject to the | ||
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(B) A vehicle presented for inspection on a | ||
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Any fees collected under this paragraph (5) shall | ||
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(6) The following vehicles are not subject to | ||
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(A) Vehicles not subject to registration under | ||
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(B) Motorcycles, motor driven cycles, and | ||
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(C) Farm vehicles and implements of husbandry. (D) Implements of warfare owned by the State or | ||
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(E) Antique vehicles, expanded-use antique | ||
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(F) Vehicles operated exclusively for parade or | ||
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(G) Vehicles for which the Secretary of State, | ||
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(H) Diesel powered vehicles and vehicles that are | ||
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(I) Vehicles operated exclusively in organized | ||
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(J) Vehicles registered in, subject to, and in | ||
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(K) Vehicles participating in an OBD continuous | ||
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(L) Vehicles of model year 1995 or earlier that | ||
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The Agency may issue temporary or permanent exemption | ||
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(7) According to criteria that the Agency may adopt, | ||
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(8) Any owner or lessee of a fleet of 15 or more | ||
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(9) Pursuant to Title 40, Section 51.371 of the Code | ||
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(b) Registration Denial Inspection and Notification. (1) No later than January 1, 2008, every motor | ||
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The owner of a vehicle subject to inspection shall | ||
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The Secretary of State shall notify the owner of a | ||
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The owner of each vehicle subject to inspection shall | ||
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(2) Except as provided in paragraphs (b)(3), (b)(4), | ||
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(3) A vehicle shall be inspected and comply at a time | ||
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(4) Vehicles with 2-year registrations shall be | ||
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(5) Vehicles with permanent vehicle registration | ||
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(6) The Agency and the Secretary of State shall | ||
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(7) For a $20 fee, to be paid into the Vehicle | ||
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(A) A vehicle registered in and subject to the | ||
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(B) A vehicle presented for inspection on a | ||
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Any fees collected under this paragraph (7) shall not | ||
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(8) The following vehicles are not subject to | ||
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(A) Vehicles not subject to registration under | ||
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(B) Motorcycles, motor driven cycles, and | ||
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(C) Farm vehicles and implements of husbandry. (D) Implements of warfare owned by the State or | ||
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(E) Antique vehicles, expanded-use antique | ||
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(F) Vehicles operated exclusively for parade or | ||
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(G) Vehicles for which the Secretary of State, | ||
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(H) Diesel powered vehicles and vehicles that are | ||
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(I) Vehicles operated exclusively in organized | ||
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(J) Vehicles registered in, subject to, and in | ||
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(K) Vehicles participating in an OBD continuous | ||
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(L) Vehicles of model year 1995 or earlier that | ||
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(M) Vehicles of model year 2006 or earlier with a | ||
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(N) Vehicles with a manufacturer gross vehicle | ||
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The Agency may issue temporary or permanent exemption | ||
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(9) According to criteria that the Agency may adopt, | ||
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(10) Any owner or lessee of a fleet of 15 or more | ||
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(11) Pursuant to Title 40, Section 51.371 of the Code | ||
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(Source: P.A. 97-106, eff. 2-1-12; 97-412, eff. 1-1-12; 97-813, eff. 7-13-12.) |
(625 ILCS 5/13C-20) Sec. 13C-20. Rules and standards. (a) The rules and emission standards adopted under subsection (a) of Section 13B-20 of this Code shall apply to the program established under this Chapter and continue in effect until amended or repealed by the Board under this subsection.
The Agency shall propose any other standards necessary to achieve reductions in the emission of hydrocarbons, carbon monoxide, and oxides of nitrogen from motor vehicles subject to inspection under this Chapter. Within 120 days after the Agency proposes those standards, the Board shall adopt any necessary rules establishing standards for the emission of hydrocarbons, carbon monoxide, and oxides of nitrogen from motor vehicles subject to inspection under this Chapter. The rules may be amended from time to time pursuant to Agency proposals. The Board shall set standards necessary to achieve the reductions in vehicle hydrocarbons, carbon monoxide, and oxides of nitrogen emissions, as determined by the applicable vehicle emission estimation model and rules developed by the United States Environmental Protection Agency, that are required by the federal Clean Air Act. A predetermined rate of failure shall not be used in determining standards necessary to achieve the reductions in vehicle hydrocarbons, carbon monoxide, and oxides of nitrogen emissions. The emission standards established by the Board for vehicles of model year 1981 or later shall be identical in substance, as defined in Section 7.2(a) of the Environmental Protection Act, to the emission standards promulgated by the United States Environmental Protection Agency. Except as otherwise provided in this subsection, subsection (b) of Section 27 of the Environmental Protection Act and the rulemaking provisions of the Illinois Administrative Procedure Act do not apply to rules adopted by the Board under this subsection. Challenges to the validity of rules adopted by the Board under this subsection or subsection (a) of Section 13B-20 may be brought only by filing a petition for review in the Appellate Court under Section 29 of the Environmental Protection Act within 35 days after the rule is filed with the Secretary of State. (b) The procedures established by the Agency under subsection (b) of Section 13B-20 of this Code shall apply to the program established under this Chapter and remain in effect until amended or repealed under this subsection. The Agency may at any time amend or repeal those procedures and may establish additional procedures designed to implement this Chapter.
(Source: P.A. 94-526, eff. 1-1-06.) |
(625 ILCS 5/13C-25) Sec. 13C-25. Performance of inspections. (a) Except as provided in subsection (b), the inspection of vehicles required under this Chapter shall be performed only: (i) by inspectors who have been certified by the Agency after successfully completing a course of training and successfully passing a written test; (ii) at official inspection stations, including on-road inspection sites established under this Chapter; and (iii) with equipment that has been approved by the Agency for these inspections. (b) The requirements of subdivisions (a)(i) and (a)(ii) of this Section do not preclude the performance of inspections (1) at self-service official inspection stations, (2) using Agency-approved wireless communication interfaces, and (3) using systems designed to perform remote on-board diagnostic inspections. (c) Except as provided in subsection (h), the inspection shall consist of an on-board diagnostic system test. The owner of the vehicle or the owner's agent shall be entitled to an emission inspection certificate issued by the Agency only if all required tests are passed at the time of the inspection. (d) (Blank). (e) (Blank). (f) (Blank). (g) The on-board diagnostic system test shall consist of accessing the vehicle's on-board computer system, determining the vehicle's readiness status and MIL status, and retrieving any stored diagnostic codes that may be present. The vehicle shall be deemed to have passed this test if the vehicle readiness status indicates that the vehicle's OBD system has completed all required system and component checks, the MIL status is appropriate, and the diagnostic codes retrieved do not exceed standards set for vehicles of that type under Section 13C-20.
(h) A visual inspection test of the MIL may be substituted for the on-board diagnostic system test on any vehicle for which on-board diagnostic testing is not possible due to the vehicle's originally certified design or its design as modified in accordance with federal law and regulations, and on any vehicle with known on-board diagnostic communications or software problems, as determined by the Agency. The visual inspection test shall consist of verifying the status of the MIL in the key-on/engine off position and the key-on/engine on position. The vehicle shall be deemed to have passed this test if the MIL illuminates briefly during the key-on/engine off position and does not illuminate during the key-on/engine on position.(Source: P.A. 97-106, eff. 2-1-12.) |
(625 ILCS 5/13C-30) Sec. 13C-30. Waivers. (a) The Agency shall certify that a vehicle that has failed a vehicle emission retest qualifies for a waiver of the emission inspection standards if all of the following criteria are met: (1) The vehicle has received all repairs and | ||
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(2) The Agency determines by normal inspection | ||
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(3) Consistent with Title 40, Section 51.360 of the | ||
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(4) For a vehicle of model year 1981 or later, the | ||
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(5) Evidence of repair is presented, consisting of | ||
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(b) The Agency may issue an emission inspection certificate to a vehicle failing a retest if a complete documented physical and functional diagnosis and inspection shows that no additional emission-related repairs are needed. This diagnostic inspection must be performed by the Agency or its designated agent and shall be available only to a vehicle owner whose vehicle was repaired by a recognized repair technician. (c) The Agency may extend the emission inspection certificate expiration date by one year upon receipt of a petition by the vehicle owner that needed repairs cannot be made due to economic hardship. Consistent with Title 40, Section 51.360 of the Code of Federal Regulations, this extension may be granted more than once during the life of the vehicle. (d) The Agency may issue an emission inspection certificate for a vehicle subject to inspection under this Chapter that is located and primarily used in an area subject to the vehicle inspection requirements of another state. An emission inspection certificate shall be issued under this subsection only upon receipt by the Agency of evidence that the vehicle has been inspected and is in compliance with the emission inspection requirements and standards applicable in the state or local jurisdiction where the vehicle is being used.
(Source: P.A. 94-526, eff. 1-1-06.) |
(625 ILCS 5/13C-35) Sec. 13C-35. Inquiries. The Agency shall develop a means of responding to inquiries from inspectors and members of the public concerning the program, including (i) when inspections are required, (ii) what kind of inspections are required, (iii) whether emission inspection stickers or certificates previously required for a vehicle have been obtained, and (iv) the procedures for resolving disputes concerning inspections.
(Source: P.A. 94-526, eff. 1-1-06.) |
(625 ILCS 5/13C-40) Sec. 13C-40. Grievance and damage claim requirements and procedures. (a) Emissions inspection and waiver denial grievance procedures. (1) Any person aggrieved by a decision regarding the | ||
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(2) The written determination of the Agency shall be | ||
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(b) Vehicle damage claim requirements and procedures. (1) The contractor shall make vehicle damage claim | ||
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(2) Notice of the vehicle damage claim procedures and | ||
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(3) If a vehicle owner believes that his or her | ||
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(A) Within 30 days of the date of the vehicle | ||
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(B) Within 30 days of filing the claim, the owner | ||
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(4) The contractor shall promptly notify the Agency | ||
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(5) Within 60 days after the filing of a vehicle | ||
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(6) Within 30 days after receiving the contractor's | ||
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(7) Upon receiving a petition for review, the Agency | ||
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(8) Within 30 days after receiving the relevant | ||
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(9) The Agency shall notify the vehicle owner in | ||
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(10) If, after the Agency's review, the vehicle owner | ||
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(11) The Agency's review of the adequacy and | ||
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(Source: P.A. 94-526, eff. 1-1-06.) |
(625 ILCS 5/13C-45) Sec. 13C-45. Contracts. (a) The Agency may enter into contracts with one or more responsible parties to construct and operate official inspection stations, provide and maintain approved test equipment, administer tests, certify results, issue emission inspection stickers or certificates, maintain records, train personnel, provide information to the public concerning the program, or to otherwise further the goals of this Chapter. (b) In preparing its proposals for bidding by potential contractors, the Agency shall endeavor to include provisions relating to the following factors: (1) The demonstrated financial responsibility of the | ||
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(2) The specialized experience and technical | ||
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(3) The potential contractor's past record of | ||
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(4) The capacity of the potential contractor to | ||
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(5) The familiarity of the potential contractor with | ||
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(6) The potential contractor's proposed method to | ||
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(7) Avoidance of personal and organizational | ||
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(8) The potential contractor's present and prior | ||
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(Source: P.A. 94-526, eff. 1-1-06.) |
(625 ILCS 5/13C-50) Sec. 13C-50. Costs. (a) Except as otherwise provided in paragraph (a)(5) or (b)(7) of Section 13C-15, no fee shall be charged to motor vehicle owners for obtaining inspections required under this Chapter. The Vehicle Inspection Fund, which is a fund created in the State treasury for the purpose of receiving moneys from the Motor Fuel Tax Fund and other sources, shall be used, subject to appropriation, for the payment of the costs of the program, including reimbursement of those agencies of the State that incur expenses in the administration or enforcement of the program. The Vehicle Inspection Fund shall continue in existence notwithstanding the repeal of Chapter 13B. Any money in the Vehicle Inspection Fund on February 1, 2007, shall be used for the purposes set forth in this Chapter. (b) The Agency may acquire, own, maintain, operate, sell, lease and otherwise transfer real and personal property and interests in real and personal property for the purpose of creating or operating inspection stations and for any other purpose relating to the administration of this Chapter, and may use money from the Vehicle Inspection Fund for these purposes.
(Source: P.A. 94-526, eff. 1-1-06; 94-848, eff. 6-9-06.) |
(625 ILCS 5/13C-55) Sec. 13C-55. Enforcement. (a) Computer-Matched Enforcement. (1) The provisions of this subsection (a) are | ||
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The Agency shall cooperate with the Secretary of | ||
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The Secretary of State shall cooperate with the | ||
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(2) The Secretary of State shall suspend either the | ||
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A suspension under this paragraph (a)(2) shall not | ||
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(b) Registration Denial Enforcement. (1) No later than January 1, 2008, and consistent | ||
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(A) An external, readily visible means of | ||
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(B) A biennial schedule of testing that clearly | ||
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(C) A testing certification mechanism (either | ||
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(i) Expiration date of the certificate; (ii) Unambiguous vehicle identification | ||
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(iii) Whether the vehicle passed or received | ||
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(D) A commitment to routinely issue citations to | ||
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(E) A commitment to structure the penalty system | ||
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(F) Ensurance that evidence of testing is | ||
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(G) Prevention of owners or lessors from avoiding | ||
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(H) Prevention of the fraudulent initial | ||
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(I) Limiting and tracking of the use of time | ||
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(J) Providing for meaningful penalties for cases | ||
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(K) Limiting and tracking exemptions to prevent | ||
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(L) Encouraging enforcement of vehicle | ||
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(2) The Agency shall cooperate in the enforcement of | ||
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The Agency shall cooperate with the Secretary of | ||
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The Secretary of State shall cooperate with the | ||
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(3) Consistent with the requirements of Section | ||
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(4) The Secretary of State shall suspend the | ||
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(Source: P.A. 101-395, eff. 8-16-19.) |
(625 ILCS 5/13C-60) Sec. 13C-60. Other offenses. (a) Any person who knowingly displays an emission inspection or exemption certificate for any vehicle other than the one for which the certificate was lawfully issued in accordance with the provisions of this Chapter, or duplicates, alters, uses, possesses, issues, or distributes any emission inspection or exemption certificate, or facsimile thereof, except in accordance with the provisions of this Chapter and the rules and regulations adopted hereunder, is guilty of a Class C misdemeanor. (b) A vehicle owner shall pay a monetary fine equivalent to the test fee plus the applicable waiver repair expenditure for the continued operation of a non-complying
vehicle beyond 4 months past the expiration of the vehicle emission inspection certificate. Any fines collected under this Section shall be divided equally between the local jurisdiction issuing the citation and the Vehicle Inspection Fund.
(Source: P.A. 94-526, eff. 1-1-06; 94-848, eff. 6-9-06.) |
(625 ILCS 5/13C-75) Sec. 13C-75. Home rule. The vehicle emission inspection program created by this Chapter is hereby declared to be the subject of exclusive State jurisdiction. Pursuant to subsection (h) of Section 6 of Article VII of the Illinois Constitution, the exercise by a home rule unit of any power that is inconsistent with this Chapter is hereby specifically denied and preempted.
(Source: P.A. 94-526, eff. 1-1-06.) |
(625 ILCS 5/Ch. 15 heading) CHAPTER 15.
SIZE, WEIGHT, LOAD AND PERMITS
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(625 ILCS 5/13C-80) Sec. 13C-80. Inspection replacement plan; report to General Assembly. By October 1, 2022, the Agency shall submit a written report to the General Assembly containing its plan to replace the dismantled official inspection stations located in the City of Chicago. The removal of the official inspection stations adversely impacted Chicago's 2.8 million population. The plan shall consist of either a pilot program or a permanent replacement program. The described plan shall provide information on the proposed locations of the new stations within the City of Chicago, information on programs implemented in other states, and a target date for full operation of all stations. The Agency shall issue a request for proposals related to its plan by January 1, 2023. The described plan shall also contain a timeline of actions including the issuance of a request for proposals by January 1, 2023. The plan shall include procurement of services, technology, equipment, and other elements necessary to replace the former vehicle testing lanes and shall state whether the replacement stations in the City of Chicago will utilize permanent self-service kiosks or other services. The plan shall also include the Agency's strategy of how best to inform people of the location and hours of operation of the new official inspection stations and conduct an informational campaign. Any contracts awarded as a result of this plan shall adhere to all State procurement requirements. The State shall consider contracting with minority-owned businesses as defined in Section 2 of the Business Enterprise for Minorities, Women, and Persons with Disabilities Act.
(Source: P.A. 102-738, eff. 5-6-22.) |
(625 ILCS 5/Ch. 15 Art. I heading) ARTICLE I.
SIZE, WEIGHT AND LOAD
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(625 ILCS 5/15-100) (from Ch. 95 1/2, par. 15-100)
Sec. 15-100.
(Repealed).
(Source: P.A. 87-1203. Repealed by P.A. 90-89, eff. 1-1-98.)
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(625 ILCS 5/15-101) (from Ch. 95 1/2, par. 15-101)
Sec. 15-101. Scope and effect of Chapter 15.
(a) It is unlawful for any person to drive or move on, upon or across or
for the owner to cause or knowingly permit to be driven or moved on, upon
or across any highway any vehicle or vehicles of a size and weight
exceeding the limitations stated in this Chapter or otherwise in violation
of this Chapter, and the maximum size and weight of vehicles herein
specified shall be lawful throughout this State, and local authorities
shall have no power or authority to alter such limitations except as
express authority may be granted in this Chapter.
(b) The provisions of this Chapter governing size, weight, and load do
not apply to equipment for snow and ice removal
operations owned or operated by any governmental body, or to implements of
husbandry, as defined in Chapter 1 of this Code, temporarily operated or
towed in a combination upon a highway
provided such combination does not consist of more than 3 vehicles or, in
the case of hauling fresh, perishable fruits or vegetables from farm to the
point of first processing, not more than 3 wagons being towed by an
implement of husbandry, or to a vehicle operated under the terms of a
special permit issued hereunder. Except for weight limits on Class I highways under this Chapter, the provisions of this Chapter governing size, weight, and load do not apply to fire apparatus or emergency vehicles.
(c) The provisions of this Chapter governing size, weight, and load do not apply to any snow and ice removal equipment that is no more than 12 feet in width, if the equipment displays flags at least 18 inches square mounted on the driver's side of the snow plow.
These vehicles must be equipped with an illuminated rotating, oscillating, or flashing amber light or lights, or a flashing amber strobe light or lights, mounted on the top of the cab and of sufficient intensity to be visible at 500 feet in normal sunlight. If the load on the transport vehicle blocks the visibility of the amber lighting from the rear of the vehicle, the vehicle must also be equipped with an illuminated rotating, oscillating, or flashing amber light or lights, or a flashing amber strobe light or lights, mounted on the rear of the load and of sufficient intensity to be visible at 500 feet in normal sunlight.
(Source: P.A. 99-717, eff. 8-5-16; 100-366, eff. 1-1-18.)
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(625 ILCS 5/15-102) (from Ch. 95 1/2, par. 15-102)
Sec. 15-102. Width of vehicles.
(a) On Class III and non-designated State and local highways, the total
outside width of any vehicle or load thereon shall not exceed 8 feet 6 inches.
(b) Except during those times when, due to insufficient light or unfavorable
atmospheric conditions, persons and vehicles on the highway are not clearly
discernible at a distance of 1000 feet, the following vehicles may exceed
the 8 feet 6 inch limitation during the period from a half hour before
sunrise to a half hour after sunset:
(1) Loads of hay, straw or other similar farm | ||
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(2) Implements of husbandry being transported on | ||
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The following requirements apply to the | ||
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(A) The driver of a vehicle transporting an | ||
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(B) Flags shall be displayed so as to wave freely | ||
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(C) "OVERSIZE LOAD" signs are mandatory on the | ||
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(D) One civilian escort vehicle is required for a | ||
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(E) The requirements for a civilian escort | ||
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(1) The civilian escort vehicle shall be a | ||
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(2) The escort vehicle driver must be | ||
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(3) While in use, the escort vehicle must be | ||
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(4) "OVERSIZE LOAD" signs are mandatory on | ||
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(5) When only one escort vehicle is required | ||
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(6) When 2 escort vehicles are required, one | ||
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(7) When traveling within the corporate | ||
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(8) A separate escort shall be provided for | ||
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(9) The driver of an escort vehicle shall | ||
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(10) The escort vehicle must be in safe | ||
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(11) The driver of the escort vehicle must be | ||
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(F) A transport vehicle while under load of more | ||
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(G) When a flashing amber light is required on | ||
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(H) Maximum speed shall be 45 miles per hour on | ||
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(3) Portable buildings designed and used for | ||
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All buildings when being transported shall display at least 2 red
cloth flags, not less than 12 inches square, mounted as high as practicable
on the left and right side of the building.
An Illinois State Police escort shall be required if it is necessary for this load
to use part of the left lane when crossing any 2-laned State highway bridge.
(c) Vehicles propelled by electric power obtained from overhead trolley
wires operated wholly within the corporate limits of a municipality are
also exempt from the width limitation.
(d) (Blank).
(d-1) A recreational vehicle, as defined in Section 1-169, may exceed 8 feet 6 inches in width if:
(1) the excess width is attributable to appurtenances | ||
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(2) the roadway on which the vehicle is traveling has | ||
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As used in this subsection (d-1) and in subsection (d-2), the term appurtenance includes (i) a retracted awning and its support hardware and (ii) any appendage that is intended to be an integral part of a recreational vehicle. (d-2) A recreational vehicle that exceeds 8 feet 6 inches in width as provided in subsection (d-1) may travel any roadway of the State if the vehicle is being operated between a roadway permitted under subsection (d-1) and: (1) the location where the recreational vehicle is | ||
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(2) the destination of the recreational vehicle; or (3) a facility for food, fuel, repair, services, or | ||
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(e) A vehicle and load traveling upon the National System of Interstate
and Defense Highways or any other highway in the system of State highways
that has been designated as a Class I or Class II highway by the
Department, or any street or highway designated by local authorities, may have a total outside width of 8 feet 6
inches, provided that certain safety devices that the Department
determines as necessary for the safe and efficient operation of motor
vehicles shall not be included in the calculation of width.
Section 5-35 of the Illinois Administrative Procedure Act relating to
procedures for rulemaking shall not apply to the designation of highways under
this paragraph (e).
(f) Mirrors required by Section 12-502 of this Code may project up to 14 inches beyond each side of
a bus and up to 6 inches beyond each
side
of any other vehicle, and that projection shall not be deemed a
violation of the width restrictions of this Section.
(g) Any person who is convicted of violating this Section is subject to
the penalty as provided in paragraph (b) of Section 15-113.
(h) Safety devices identified by the Department in accordance with Section 12-812 shall not be deemed a violation of the width restrictions of this Section. (Source: P.A. 102-441, eff. 1-1-22; 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
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(625 ILCS 5/15-103) (from Ch. 95 1/2, par. 15-103)
Sec. 15-103.
Height of vehicles.
The height of a vehicle from the under side of the tire to the top of
the vehicle, inclusive of load, shall not exceed 13 feet,
6 inches on any highway in the State.
A person convicted of violating this Section is subject to the penalty
provided in paragraph (b) of Section 15-113.
(Source: P.A. 92-417, eff. 1-1-02.)
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(625 ILCS 5/15-105) (from Ch. 95 1/2, par. 15-105)
Sec. 15-105.
Projecting loads on passenger vehicles.
No passenger-type vehicle shall be operated on any highway with any load
carried thereon extending beyond the line of the fenders on the left side
of such vehicle nor extending more than 6 inches beyond the line of the
fenders on the right side thereof.
(Source: P.A. 76-1586.)
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(625 ILCS 5/15-106) (from Ch. 95 1/2, par. 15-106)
Sec. 15-106.
Protruding members of vehicles.
No vehicle with boom, arm, drill rig or other protruding component shall
be operated upon any highway in this State unless such
protruding component is
fastened
so as to prevent shifting, bouncing or moving in any manner.
(Source: P.A. 92-417, eff. 1-1-02.)
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(625 ILCS 5/15-107)
(from Ch. 95 1/2, par. 15-107)
Sec. 15-107. Length of vehicles.
(a) The maximum length of a single vehicle on any highway of this State
may not exceed 42 feet except the following:
(1) Semitrailers.
(2) Charter or regulated route buses may be up to 45 | ||
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(a-1) A motor home as defined in Section 1-145.01 may be up to 45 feet
in length, not including energy absorbing bumpers. The length limitations
described in this subsection (a-1) shall be exclusive of energy-absorbing
bumpers and rear view mirrors.
(b) (Blank).
(c) Except as provided in subsections (c-1) and (c-2), combinations of vehicles may not exceed a total of 2 vehicles except
the
following:
(1) A truck tractor semitrailer may draw one trailer.
(2) A truck tractor semitrailer may draw one | ||
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(3) A truck tractor semitrailer may draw one vehicle | ||
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(4) A truck in transit may draw 3 trucks in transit | ||
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(5) Recreational vehicles consisting of 3 vehicles, | ||
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(A) The total overall dimension does not exceed | ||
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(B) The towing vehicle is a properly registered | ||
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(C) The second vehicle in the combination of | ||
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(D) The third vehicle must be the lightest of the | ||
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(E) The towed vehicles may be only for the use of | ||
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(F) All vehicles must be properly equipped with | ||
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(6) A tow truck in combination with a disabled | ||
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(A) Is specifically designed as a tow truck | ||
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(B) Is equipped with flashing, rotating, or | ||
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(C) Is capable of utilizing the lighting and | ||
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(D) Does not engage a tow exceeding 50 highway | ||
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The Department may by rule or regulation prescribe | ||
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For purposes of this Section, a tow-dolly that merely | ||
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(7) Commercial vehicles consisting of 3 vehicles, | ||
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(A) The total overall dimension does not exceed | ||
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(B) The towing vehicle is a properly registered | ||
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(C) The third vehicle must be the lightest of the | ||
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(D) All vehicles must be properly equipped with | ||
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(E) The combination of vehicles must be operated | ||
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(F) The combination of vehicles must be en route | ||
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(c-1) A combination of 3 vehicles is allowed access to any State designated highway if: (1) the length of neither towed vehicle exceeds 28.5 | ||
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(2) the overall wheel base of the combination of | ||
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(3) the combination of vehicles is en route to a | ||
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(c-2) A combination of 3 vehicles is allowed access from any State designated highway onto any county, township, or municipal highway for a distance of 5 highway miles for the purpose of delivery or collection of one or both of the towed vehicles if: (1) the length of neither towed vehicle exceeds 28.5 | ||
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(2) the combination of vehicles does not exceed | ||
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(3) there is no sign prohibiting that access; (4) the route is not being used as a thoroughfare | ||
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(5) the combination of vehicles is en route to a | ||
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(d) On Class I highways there are no overall length limitations on motor
vehicles
operating in combinations provided:
(1) The length of a semitrailer, unladen or with | ||
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(2) The distance between the kingpin and the center | ||
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(3) The length of a semitrailer or trailer, unladen | ||
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(4) Maxi-cube combinations, as defined in Chapter 1, | ||
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(5) Combinations of vehicles specifically designed to | ||
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(6) Stinger-steered semitrailer vehicles specifically | ||
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(7) A truck in transit transporting 3 trucks coupled | ||
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(8) A towaway trailer transporter combination may not | ||
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Vehicles operating during daylight hours when transporting poles, pipes,
machinery, or other objects of a structural nature that cannot readily be dismantled or disassembled
are exempt from length limitations, provided that no object may
exceed 80 feet in length and the overall dimension of the vehicle including the
load
may not exceed 100 feet. This exemption does not apply to operation on a
Saturday, Sunday, or legal holiday. Legal holidays referred to in this Section
are
the days on which the following traditional holidays are celebrated: New
Year's
Day; Memorial Day; Independence Day; Labor Day; Thanksgiving Day; and
Christmas Day.
Vehicles and loads operated by a public utility while en route to make
emergency repairs to public service facilities or properties are exempt from
length
limitations, provided that during night operations every vehicle and its load
must
be equipped with a sufficient number of clearance lamps on both sides and
marker lamps on the extreme ends of any projecting load to clearly mark the
dimensions of the load.
A tow truck in combination with a disabled vehicle or combination of
disabled vehicles, as provided in paragraph (6) of subsection (c) of this
Section, is
exempt from length limitations.
The length limitations described in this paragraph (d) shall be exclusive
of safety and energy conservation devices,
such as bumpers, refrigeration
units or air compressors and other devices, that the Department may interpret
as necessary for safe and efficient
operation; except that no device excluded under this paragraph shall have by
its design or use the capability to carry cargo.
Section 5-35 of the Illinois Administrative Procedure Act relating to
procedures for rulemaking shall not apply to the designation of highways under
this paragraph (d).
(e) On Class II highways there are no overall length limitations on motor
vehicles
operating in combinations, provided:
(1) The length of a semitrailer, unladen or with | ||
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(2) The distance between the kingpin and the center | ||
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(3) A truck tractor-semitrailer-trailer or truck | ||
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(4) The length of a semitrailer or trailer, unladen | ||
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(5) Maxi-cube combinations, as defined in Chapter 1, | ||
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(6) A combination of vehicles, specifically designed | ||
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(7) Stinger-steered semitrailer vehicles specifically | ||
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(8) A truck in transit transporting 3 trucks coupled | ||
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(9) A towaway trailer transporter combination may not | ||
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Vehicles operating during daylight hours when transporting poles, pipes,
machinery, or other objects of a structural nature that cannot readily be dismantled or disassembled
are exempt from length limitations, provided that no object may
exceed 80 feet in length and the overall dimension of the vehicle including the
load
may not exceed 100 feet. This exemption does not apply to operation on a
Saturday, Sunday, or legal holiday. Legal holidays referred to in this Section
are
the days on which the following traditional holidays are celebrated: New Year's
Day; Memorial Day; Independence Day; Labor Day; Thanksgiving Day; and
Christmas Day.
Vehicles and loads operated by a public utility while en route to make
emergency repairs to public service facilities or properties are exempt from
length
limitations, provided that during night operations every vehicle and its load
must
be equipped with a sufficient number of clearance lamps on both sides and
marker lamps on the extreme ends of any projecting load to clearly mark the
dimensions of the load.
A tow truck in combination with a disabled vehicle or combination of
disabled vehicles, as provided in paragraph (6) of subsection (c) of this
Section, is
exempt from length limitations.
Local authorities, with respect to
streets and highways under their jurisdiction, may also by ordinance or
resolution allow length limitations of this subsection (e).
The length limitations described in this paragraph (e) shall be exclusive
of safety and energy conservation devices, such as bumpers, refrigeration units
or air compressors and other devices, that the Department may interpret as
necessary for safe and efficient operation; except that no device excluded
under this paragraph shall have by its design or use the capability to carry
cargo.
Section 5-35 of the Illinois Administrative Procedure Act relating to
procedures for rulemaking shall not apply to the designation of highways under
this paragraph (e).
(e-1) (Blank). (e-2) Except as provided in subsection (e-3), combinations of vehicles over
65
feet in length, with no overall length
limitation except as provided in subsections (d) and (e) of this Section, are
allowed access as follows: (1) From a Class I highway onto any street or highway | ||
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(2) From a Class I or Class II highway onto any | ||
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(A) there is no sign prohibiting that access; and (B) the route is not being used as a thoroughfare | ||
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(e-3) Combinations of vehicles over 65 feet in length operated by household
goods carriers or towaway trailer transporter combinations, with no overall length limitations except as provided in
subsections (d) and (e) of this Section, have unlimited access to points of
loading,
unloading, or delivery to or from a manufacturer, distributor, or dealer. (f) On non-designated highways, the maximum length
limitations
for vehicles in combination are as follows:
(1) A truck tractor in combination with a semitrailer | ||
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(2) Semitrailers, unladen or with load, may not | ||
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(3) A truck tractor-semitrailer-trailer or truck | ||
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(4) The distance between the kingpin and the center | ||
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(g) Length limitations in the preceding subsections of this Section 15-107
do not apply to the following:
(1) Vehicles operated in the daytime, except on | ||
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(2) Vehicles and loads operated by a public utility | ||
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(3) A tow truck in combination with a disabled | ||
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The towing vehicle, however, may tow any disabled vehicle from the initial
point of wreck or disablement to a point where repairs are actually to occur.
This movement shall be valid only on State routes.
The tower must abide by posted bridge weight limits.
All other combinations not listed in this subsection (f) may not exceed 60 feet overall dimension.
(h) The load upon any vehicle operated alone, or the load upon the
front vehicle of a combination of vehicles, shall not extend more than 3
feet beyond the front wheels of the vehicle or the front bumper of the
vehicle if it is equipped with a front bumper.
The provisions of this subsection (h) shall not apply to any vehicle or
combination of vehicles specifically designed for the collection and
transportation of waste, garbage, or recyclable materials during the vehicle's
operation in the course of collecting
garbage, waste, or
recyclable materials if the vehicle is traveling at a speed not in
excess of
15 miles per hour during the vehicle's operation and in the course of
collecting garbage, waste, or recyclable materials. However, in no instance
shall the load extend more than 7 feet beyond the front wheels of the vehicle
or the front bumper of the vehicle if it is equipped with a front bumper.
(i) The load upon the front vehicle of an automobile transporter or a stinger-steered vehicle
specifically designed to transport motor vehicles shall not extend more
than 4 feet beyond the foremost part of the transporting vehicle and the
load upon the rear transporting vehicle shall not extend more than 6 feet
beyond the rear of the bed or body of the vehicle. This paragraph shall
only be applicable upon highways designated in paragraphs (d) and (e) of
this Section.
(j) Articulated vehicles comprised of 2 sections, neither of which
exceeds a length of 42 feet, designed for the carrying of more than 10
persons, may be up to 60 feet in length, not including energy absorbing
bumpers, provided that the vehicles are:
1. operated by or for any public body or motor | ||
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2. operated in local public transportation service by | ||
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(j-1) (Blank).
(k) Any person who is convicted of violating this Section is subject
to the penalty as provided in paragraph (b) of Section 15-113.
(l) (Blank).
(Source: P.A. 102-124, eff. 7-23-21; 103-258, eff. 1-1-24.)
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(625 ILCS 5/15-108) (from Ch. 95 1/2, par. 15-108)
Sec. 15-108.
Planking edge of a pavement.
No tractor, traction engine or
other metal tired vehicle, weighing more than 4 tons,
including the weight of the vehicle and its load, shall drive up onto, off or
over the edge of any paved public highway in this State, without protecting
such edge by putting down solid planks or other suitable device to prevent such
vehicle from breaking off the edges or corners of such pavement.
(Source: P.A. 90-655, eff. 7-30-98.)
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(625 ILCS 5/15-109) (from Ch. 95 1/2, par. 15-109)
Sec. 15-109.
Spilling loads on highways prohibited.
(a) No vehicle shall be driven or moved on any highway unless such
vehicle is so constructed or loaded as to prevent any of its load from
dropping, shifting, leaking or otherwise escaping therefrom, except that
sand may be dropped for the purpose of securing traction, or water or other
substance may be sprinkled on a roadway in cleaning or maintaining such
roadway.
(b) No person shall operate on any highway any vehicle with any load
unless said load and any covering thereon is securely fastened so as to
prevent said covering or load from becoming loose, detached, or in any
manner a hazard to other users of the highway.
(c) The Department shall adopt such rules and regulations it deems appropriate
which require the securing of steel rolls and other objects on flatbed trucks
so as to prevent injury to users of highways and damage to property. Any
person who operates a flatbed truck on any highway in violation of the rules
and regulations promulgated by the Department under this subsection shall
be guilty of a Class A misdemeanor.
(Source: P.A. 82-231.)
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(625 ILCS 5/15-109.1) (from Ch. 95 1/2, par. 15-109.1) (Text of Section before amendment by P.A. 103-730) Sec. 15-109.1. Covers or tarpaulins required for certain loads. (a) No person shall operate or cause to be operated, on a highway, any
second
division vehicle loaded with dirt, aggregate, garbage, refuse, or other
similar material, when any portion of the load is falling, sifting,
blowing, dropping or in any way escaping from the vehicle. (b) No person shall operate or cause to be operated, on a highway, any
second division vehicle having a gross vehicle weight rating of 8,000 pounds or
more loaded with dirt, aggregate, garbage, refuse, or other
similar material in or on any part of the vehicle other than in the cargo
area. In addition, no person shall operate on any highway, such vehicle
unless the tailgate on the vehicle is in good repair and operating condition
and closes securely so as to prevent any load, residue, or other material from
escaping. (c) This Section shall not apply to the operation of highway maintenance
vehicles engaged in removing snow and ice from the roadway, nor to
implements of husbandry or other farm vehicles while transporting
agricultural products to or from the original place of production. (d) For the purpose of this Section "aggregate" shall include all ores,
minerals, sand, gravel, shale, coal, clay, limestone or any other ore or
mineral which may be mined. (e) Notwithstanding any other penalty, whenever a police officer
determines
that the operator of a vehicle is in violation of this Section, as evidenced
by the issuance of a citation for a violation of Section 15-109.1 of this
Code, or where a police officer determines that a dangerous condition exists
whereby any portion of the load may fall, sift, blow, drop, or in any way
escape
or fall from the vehicle,
the police officer shall require the operator to stop the vehicle in
a suitable place and keep such vehicle stationary until the load has either
been reduced, secured, or covered with a cover or tarpaulin of sufficient
size to prevent any further violation of this Section. (f) Any violation of the provisions of this Section shall be a petty
offense punishable by a fine not to exceed $250.(Source: P.A. 91-858, eff. 1-1-01.) (Text of Section after amendment by P.A. 103-730) Sec. 15-109.1. Covers or tarpaulins required for certain loads. (a) No person shall operate or cause to be operated, on a highway, any second division vehicle loaded with dirt, aggregate, garbage, refuse, or other similar material, when any portion of the load is falling, sifting, blowing, dropping or in any way escaping from the vehicle. (b) No person shall operate or cause to be operated, on a highway, any second division vehicle having a gross vehicle weight rating of 8,000 pounds or more loaded with dirt, aggregate, garbage, refuse, or other similar material in or on any part of the vehicle other than in the cargo area. In addition, no person shall operate on any highway, such vehicle unless the tailgate on the vehicle is in good repair and operating condition and closes securely so as to prevent any load, residue, or other material from escaping. (c) This Section shall not apply to the operation of highway maintenance vehicles engaged in removing snow and ice from the roadway, nor to implements of husbandry or other farm vehicles while transporting agricultural products to or from the original place of production. (d) For the purpose of this Section "aggregate" shall include all ores, minerals, sand, gravel, shale, coal, clay, limestone or any other ore or mineral which may be mined. (e) Notwithstanding any other penalty, whenever a police officer determines that the operator of a vehicle is in violation of this Section, as evidenced by the issuance of a citation for a violation of Section 15-109.1 of this Code, or where a police officer determines that a dangerous condition exists whereby any portion of the load may fall, sift, blow, drop, or in any way escape or fall from the vehicle, the police officer shall require the operator to stop the vehicle in a suitable place and keep such vehicle stationary until the load has either been reduced, secured, or covered with a cover or tarpaulin of sufficient size to prevent any further violation of this Section. (f) No person shall operate or cause to be operated, on a highway, a commercial motor vehicle, with the exception of a highway maintenance vehicle, transporting garbage or refuse unless the tailgate on the vehicle is in good working repair, good operating condition, and closes securely, with a cover or tarpaulin of sufficient size attached, so as to prevent any load, residue, or other material from escaping. (g) Any violation of the provisions of this Section shall be a petty offense punishable by a fine not to exceed $150. In addition, a person, firm, or corporation convicted of 4 or more violations of subsection (f) within a 12-month period shall be fined an additional amount of $150 for the fourth and each subsequent conviction within the 12-month period. Regarding a firm or corporation, a fourth or subsequent conviction means a fourth or subsequent conviction attributable to one employee-driver. (Source: P.A. 103-730, eff. 1-1-25.) |
(625 ILCS 5/15-110) (from Ch. 95 1/2, par. 15-110)
Sec. 15-110.
Towed vehicles.
(a) When one vehicle is towing another, the drawbar or other connection
shall be of sufficient strength to pull all the weight towed thereby and
the drawbar or other connection shall not exceed 15 feet from one vehicle
to the other, except for the connection between any 2 vehicles transporting
poles, pipes, machinery or other objects of structural nature which cannot
readily be dismembered.
(b) Outside a business, residential or suburban district or on any
controlled access highway, no vehicle other than a pole trailer or a
semitrailer which is being towed by a truck tractor and is connected by the
means of a fifth wheel shall be towed on a roadway except by a drawbar and
each such vehicle so towed shall, in addition, be coupled with 2 safety
chains or cables to the towing vehicle. Such chains or cables shall be of
sufficient size and strength to prevent the towed vehicle parting from the
drawing vehicle in case the drawbar should break or become disengaged.
(c) The provisions of this section shall not apply to any second
division vehicle owned, operated or controlled by any person who is
registered with the Bureau of Motor Carrier Safety of the Federal Highway
Administration and has complied with the federal safety provisions of the
Bureau of Motor Carrier Safety of the Federal Highway Administration and
the rules and regulations of the Bureau.
(Source: P.A. 77-22.)
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(625 ILCS 5/15-111) (from Ch. 95 1/2, par. 15-111)
Sec. 15-111. Wheel and axle loads and gross weights.
(a) No vehicle or combination of vehicles
with pneumatic tires may be operated, unladen or with load,
when the total weight on the road surface
exceeds the following: 20,000 pounds on a single axle; 34,000 pounds on a tandem axle with
no axle within the tandem exceeding 20,000 pounds; 80,000
pounds gross weight for vehicle combinations of 5 or more axles;
or a total weight on a group of 2 or more consecutive axles in excess of that
weight produced by the application of the following formula: W = 500 times the
sum of (LN divided by N-1) + 12N + 36, where "W" equals overall total weight on
any group of 2 or more consecutive axles to the nearest 500 pounds, "L" equals
the
distance measured to the nearest foot between extremes of any group of 2 or
more consecutive axles, and "N" equals the number of axles in the group under
consideration.
The above formula when expressed in tabular form results in allowable loads
as follows:
Distance measuredto the nearestfoot between theextremes of any Maximum weight in poundsgroup of 2 or of any group ofmore consecutive 2 or more consecutive axlesaxles
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
*If the distance between 2 axles is 96 inches or less, the 2 axles are
tandem axles and the maximum total weight may not exceed 34,000 pounds,
notwithstanding the higher limit resulting from the application of the formula.
**Two consecutive sets of tandem axles may carry 34,000 pounds each if the overall distance between the first and last axles of these tandems is 36 feet or more. Vehicles not in a combination having more than 4 axles may not exceed the
weight in the table in this subsection (a) for 4 axles measured between the
extreme axles of the
vehicle.
Vehicles in a combination having more than 6 axles may not exceed the weight
in the table in this subsection (a) for 6 axles measured between the extreme
axles of the
combination.
Local authorities, with respect
to streets and highways under their jurisdiction, without additional
fees, may also by ordinance or resolution allow the weight limitations of this
subsection, provided the maximum gross weight on any one axle shall not exceed
20,000 pounds and the maximum total weight on any tandem axle
shall not exceed
34,000 pounds, on designated highways when appropriate regulatory signs giving
notice are erected upon the street or highway or portion of any street or
highway affected by the ordinance or resolution.
The following are exceptions to the above formula:
(1) Vehicles for which a different limit is | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
(2) Vehicles for which the Department of | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
(3) Cities having a population of more than 50,000 | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
(4) Weight limitations shall not apply to vehicles | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
(4.5) A 3-axle or 4-axle vehicle (including when | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
(5) Two consecutive sets of tandem axles may carry a | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
(6) A truck, not in combination and used exclusively | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
(7) A truck not in combination, equipped with a self | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
(7.5) A 3-axle rear discharge truck mixer registered | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
(8) Except as provided in paragraph (7.5) of this | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
A 3-axle combination sewer cleaning jetting vacuum | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
(9) A 4-axle truck mixer registered as a Special | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
(10) Combinations of vehicles, registered as Special | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
(11) The maximum weight allowed on a vehicle with | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
(12) A combination of vehicles, including a tow truck | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
(i) is specifically designed as a tow truck | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
(ii) is equipped with flashing, rotating, or | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
(iii) is capable of utilizing the lighting and | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
(iv) does not engage in a tow exceeding 20 miles | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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(12.5) The vehicle weight limitations in this Section | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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(i) a truck not in combination, equipped with a | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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Vehicles operating under this paragraph (13) are not | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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(14) A vehicle or combination of vehicles that | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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(15) An emergency vehicle or fire apparatus that is a | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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(i) 24,000 pounds on a single steering axle; (ii) 33,500 pounds on a single drive axle; (iii) 62,000 pounds on a tandem axle; or (iv) 52,000 pounds on a tandem rear drive steer | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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(16) A bus, motor coach, or recreational vehicle may | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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Gross weight limits shall not apply to the combination of the tow truck
and vehicles being towed. The tow truck license plate must cover the
operating empty weight of the tow truck only. The weight
of each vehicle being towed shall be covered by a valid license plate issued to
the owner or operator of the vehicle being towed and displayed on that vehicle.
If no valid plate issued to the owner or operator of that vehicle is displayed
on that vehicle, or the plate displayed on that vehicle does not cover the
weight of the vehicle, the weight of the vehicle shall be covered by
the third tow truck plate issued to the owner or operator of the tow truck and
temporarily affixed to the vehicle being towed. If a roll-back carrier is registered and being used as a tow truck, however, the license plate or plates for the tow truck must cover the gross vehicle weight, including any load carried on the bed of the roll-back carrier. The Department may by rule or regulation prescribe additional requirements.
However, nothing in this Code shall prohibit a tow truck under
instructions of a police officer from legally clearing a disabled vehicle,
that may be in violation of weight limitations of this Chapter, from the
roadway to the berm or shoulder of the highway.
If in the opinion of the police officer that location is unsafe, the officer
is authorized to have the disabled vehicle towed to the nearest place of
safety. For the purpose of this subsection, gross vehicle weight rating, or
GVWR, means the value specified by the manufacturer as the loaded
weight of the tow truck. (b) As used in this Section, "recycling haul" or "recycling operation" means the hauling of non-hazardous, non-special, non-putrescible materials, such as paper, glass, cans, or plastic, for subsequent use in the secondary materials market. (c) No vehicle or combination of vehicles equipped with pneumatic tires
shall be operated, unladen or with load, upon the highways of this State in
violation of the provisions of any permit issued under the provisions of
Sections 15-301 through 15-318 of this Chapter. (d) No vehicle or combination of vehicles equipped with other than pneumatic
tires may be operated, unladen or with load, upon the highways of this State
when the gross weight on the road surface through any wheel exceeds 800
pounds per inch width of tire tread or when the gross weight on the road
surface through any axle exceeds 16,000 pounds.
(e) No person shall operate a vehicle or combination of vehicles over
a bridge or other elevated structure constituting part of a highway with a
gross weight that is greater than the maximum weight permitted by the
Department, when the structure is sign posted as provided in this Section. (f) The Department upon request from any local authority shall, or upon
its own initiative may, conduct an investigation of any bridge or other
elevated structure constituting a part of a highway, and if it finds that
the structure cannot with safety to itself withstand the weight of vehicles
otherwise permissible under this Code the Department shall determine and
declare the maximum weight of vehicles that the structures can withstand,
and shall cause or permit suitable signs stating maximum weight to be
erected and maintained before each end of the structure. No person shall
operate a vehicle or combination of vehicles over any structure with a
gross weight that is greater than the posted maximum weight.
(g) Upon the trial of any person charged with a violation of subsection
(e) or (f) of this Section, proof of the determination of the maximum
allowable weight by the Department and the existence of the signs,
constitutes conclusive evidence of the maximum weight that can be
maintained with safety to the bridge or structure.
(Source: P.A. 102-124, eff. 7-23-21.)
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(625 ILCS 5/15-112) (from Ch. 95 1/2, par. 15-112)
Sec. 15-112. Officers to weigh vehicles and require removal of excess loads.
(a) Any police officer having reason to believe that the weight of a
vehicle and load is unlawful shall require the driver to stop and submit
to a weighing of the same either by means of a portable or stationary
scales that have been tested and approved at a frequency prescribed by the
Illinois Department of Agriculture, or for those scales operated by the State,
when such tests are requested
by
the
Illinois State Police, whichever is more frequent.
If such scales are not available at the
place where such vehicle
is stopped, the police officer shall require that such vehicle be driven
to the nearest available scale that has been tested and approved pursuant to
this Section
by the
Illinois Department of Agriculture. Notwithstanding any provisions of the
Weights and Measures Act or the United States Department of Commerce NIST
handbook 44, multi or single draft weighing is an acceptable method of weighing
by law enforcement for determining a violation of Chapter 3 or 15 of this Code.
Law enforcement is exempt from the requirements of commercial weighing
established in NIST handbook 44.
Within 18 months after the effective date of this
amendatory Act of the 91st General Assembly, all municipal and county
officers,
technicians, and employees who set up and operate portable scales for wheel
load or axle load or both and issue citations based
on the use
of portable scales for wheel load or axle load or both
and who have not successfully completed initial classroom and field training
regarding the set up and operation of portable scales, shall attend and
successfully complete
initial classroom and field training administered by the Illinois Law
Enforcement
Training Standards Board.
(b) Whenever an officer, upon weighing a vehicle and the load,
determines that the weight is unlawful, such officer shall require the
driver to stop the vehicle in a suitable place and remain standing until
such portion of the load is removed as may be necessary to reduce the
weight of the vehicle to the limit permitted under this Chapter, or to
the limit permitted under the terms of a permit issued pursuant to
Sections 15-301 through 15-318 and shall forthwith
arrest the driver or owner. All material so unloaded shall be cared for
by the owner or operator of the vehicle at the risk of such owner or operator;
however, whenever a 3 or 4 axle vehicle with a tandem axle
dimension greater than 72 inches, but less than 96 inches and registered as a
Special Hauling Vehicle is transporting asphalt or concrete in the
plastic state that exceeds axle weight or gross weight limits by less than
4,000 pounds, the owner or operator of the vehicle shall accept the
arrest ticket or tickets for the alleged violations under this Section and
proceed without shifting or reducing the load being transported or may shift or
reduce the load under the provisions of subsection (d) or (e) of this Section,
when applicable. Any fine imposed following an overweight violation by a
vehicle registered as a Special Hauling Vehicle transporting asphalt or
concrete in the plastic state shall be paid as provided in subsection
4
of paragraph (a) of Section 16-105 of this Code.
(c) The Department of Transportation may, at the request of the
Illinois State Police, erect appropriate regulatory signs on any
State highway directing second division vehicles to a scale. The
Department of Transportation may also, at the direction of any State Police
officer, erect portable regulating signs on any highway directing second
division vehicles to a portable scale. Every such
vehicle, pursuant to such sign, shall stop and be weighed.
(d) Whenever any axle load of a vehicle exceeds the axle or tandem axle
weight limits permitted by paragraph (a) of Section 15-111 by 2000
pounds or less, the owner or operator of the vehicle must shift or
remove the excess so as to comply with paragraph (a) of Section
15-111. No overweight arrest ticket shall be issued to the owner or operator
of the vehicle by any officer if the excess weight is shifted or
removed as
required by this paragraph.
(e) Whenever the gross weight of a vehicle with a registered gross
weight of 77,000 pounds or less exceeds the weight limits of paragraph
(a) of Section 15-111 of this Chapter by 2000 pounds or less,
the owner or operator of the vehicle must remove the excess. Whenever
the gross weight of a vehicle with a registered gross weight over 77,000 pounds
or more exceeds the weight limits of paragraph (a) of Section 15-111
by 1,000 pounds or less or 2,000 pounds or less if weighed on wheel load
weighers, the owner or operator of the vehicle
must remove the excess. In either case no arrest ticket for any
overweight violation of this Code shall be issued to the owner or operator
of the vehicle by any officer if the excess weight is removed as required
by this paragraph.
A person who has been granted a special permit under Section 15-301 of this
Code shall not be granted a tolerance on wheel load weighers.
(e-5) Auxiliary power or idle reduction unit (APU) weight. (1) A vehicle with a fully functional APU shall be | ||
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(2) An operator of a vehicle equipped with an APU | ||
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(3) The operator may be required to demonstrate or | ||
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(4) This allowance may not be granted above the | ||
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(f) Whenever an axle load of a vehicle exceeds axle weight limits
allowed by the provisions of a permit an arrest ticket shall be issued,
but the owner or operator of the vehicle may shift the load so as to
comply with the provisions of the permit. Where such shifting of a load
to comply with the permit is accomplished, the owner or operator of the
vehicle may then proceed.
(g) Any driver of a vehicle who refuses to stop and submit his
vehicle and load to weighing after being directed to do so by an officer
or removes or causes the removal of the load or part of it prior to
weighing is guilty of a business offense and shall be fined not less
than $500 nor more than $2,000.
(Source: P.A. 102-538, eff. 8-20-21.)
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(625 ILCS 5/15-113) (from Ch. 95 1/2, par. 15-113)
Sec. 15-113. Violations; penalties.
(a) Whenever any vehicle is operated in violation of the provisions of
Section 15-111 or subsection (d) of Section 3-401, the owner or driver of such
vehicle shall be deemed guilty of such violation and either the owner or the
driver of such vehicle may be prosecuted for such violation.
Any person charged with a violation of any of these provisions who pleads not
guilty shall be present in court for the trial on the charge.
Any person, firm, or corporation convicted of any violation of
Section 15-111 including, but not limited to, a maximum axle or gross limit
specified on a regulatory sign posted in accordance with paragraph (e) or (f) of Section 15-111, shall be fined according to the following schedule:
Up to and including 2000 pounds overweight, the fine is $100 From 2001 through 2500 pounds overweight, the fine is $270From 2501 through 3000 pounds overweight, the fine is $330From 3001 through 3500 pounds overweight, the fine is $520From 3501 through 4000 pounds overweight, the fine is $600From 4001 through 4500 pounds overweight, the fine is $850From 4501 through 5000 pounds overweight, the fine is $950From 5001 or more pounds overweight, the fine shall be computed by assessing $1500 for the first 5000 pounds overweight and $150 for each additional increment of 500 pounds overweight or fraction thereof. In addition, any person, firm, or corporation convicted of 4 or more violations
of Section 15-111 within any 12 month period shall be fined an additional
amount of $5,000 for the fourth and each subsequent conviction within the 12
month period. Provided, however, that with regard to a firm or corporation,
a fourth or subsequent conviction shall mean a fourth or subsequent
conviction attributable to any one employee-driver.
(b) Whenever any vehicle is operated in violation of the provisions of
Sections 15-102, 15-103 or 15-107, the owner or driver of
such vehicle shall be deemed guilty of such violation and either may be
prosecuted for such violation. Any person, firm, or corporation convicted
of any violation of Sections 15-102, 15-103 or 15-107 shall be fined for
the first or second conviction an amount equal to not less than $50 nor
more than $500, and for the third and subsequent convictions by the same
person, firm, or corporation within a period of one year after the date of
the first offense, not less than $500 nor more than $1,000.
(c) All proceeds equal to 50% of the fines recovered under subsection (a) of this Section shall be remitted to the State Treasurer and deposited into the Capital Projects Fund. (Source: P.A. 100-987, eff. 7-1-19; 100-1161, eff. 7-1-19.)
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(625 ILCS 5/15-113.1) (from Ch. 95 1/2, par. 15-113.1)
Sec. 15-113.1. Violations-sentence of permit moves.
Whenever any vehicle is operated in violation of the provisions of a
permit issued under the provisions of Sections 15-301 through 15-318 of
this Chapter by operating under a fraudulent permit or under a permit not
specifically covering the move, the owner or driver of such vehicle shall
be deemed guilty of a business offense and either the owner or the driver
of such vehicle may be prosecuted for such violation. When any person, firm
or corporation is convicted of such violation, the permit shall be null and
void and such person, firm or corporation shall be fined in an amount not
less than 10 cents per pound for each pound the gross weight of the vehicle
exceeds the gross weight of such vehicles allowable under Section 15-111 of
this Chapter.
Penalties for violations of this Section shall be in addition to any
penalties imposed for violation of Section 15-301(j) of this Chapter.
(Source: P.A. 100-728, eff. 1-1-19.)
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(625 ILCS 5/15-113.2) (from Ch. 95 1/2, par. 15-113.2)
Sec. 15-113.2. Violations-sentence of permit moves exceeding axle
weights. Whenever any vehicle is operated in violation of the provisions of a
permit issued under the provisions of Sections 15-301 through 15-318 of
this Chapter by operating with axle weights in excess of those
authorized in such permit, the owner or driver of such vehicle shall be
deemed guilty of a business offense and either the owner or the driver
of such vehicle may be prosecuted for such violation. Any person, firm
or corporation convicted of such violation shall be fined in an amount
not less than 2 cents nor more than 5 cents per pound for each pound of
excess weight on such axle or tandem axle in excess of the weight
authorized in the permit when the excess is 1,000 pounds or less; not
less than 5 cents nor more than 10 cents per pound for each pound of
excess weight when the excess exceeds 1,000 pounds and is 2,000 pounds
or less; not less than 10 cents nor more than 15 cents per pound for
each pound of excess weight when the excess exceeds 2,000 pounds and is
3,000 pounds or less; and not less than 15 cents nor more than
20 cents per
pound for each pound of excess weight when the excess exceeds 3,000
pounds.
Penalties for violations of this Section shall be in addition to any
penalties imposed for violation of Section 15-301(j) of this Chapter.
(Source: P.A. 100-728, eff. 1-1-19.)
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(625 ILCS 5/15-113.3) (from Ch. 95 1/2, par. 15-113.3)
Sec. 15-113.3. Violations-sentence of permit moves exceeding gross weight.
Whenever any vehicle is operated in violation of the provisions of a
permit issued under the provisions of Sections 15-301 through 15-318 of
this Chapter by operating with the gross weight in excess of that
authorized in such permit, the owner or driver of such vehicle shall be
deemed guilty of a business offense and either the owner or the driver of
such vehicle may be prosecuted for such violation. Any person, firm or
corporation convicted of such violation shall be fined in an amount not
less than 2 cents nor more than 5 cents per pound for each pound of excess
weight in excess of the gross weight authorized in the permit when the
excess is 1,000 pounds or less; not less than 4 cents nor more than 7 cents
per pound for each pound of excess weight when the excess exceeds 1,000
pounds and is 2,000 pounds or less; not less than 7 cents nor more than 10
cents per pound for each pound of excess weight when the excess exceeds
2,000 pounds and is 3,000 pounds or less; not less than 10 cents nor more
than 15 cents per pound for each pound of excess weight when the excess
exceeds 3,000 pounds and is 4,000 pounds or less; not less than 15 cents
nor more than 20 cents per pound for each pound of excess weight when the
excess exceeds 4,000 pounds and is 5,000 pounds or less; and not less than
17 cents nor more than 25 cents per pound for each pound of excess weight
when the excess exceeds 5,000 pounds.
Penalties for violations of this Section shall be in addition to any
penalties imposed for violation of Section 15-301(j) of this Chapter.
(Source: P.A. 100-728, eff. 1-1-19.)
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(625 ILCS 5/15-114) (from Ch. 95 1/2, par. 15-114)
Sec. 15-114.
Pushing of disabled vehicles.
It is unlawful under any circumstances for any vehicle to push any other
vehicle on or along any highway outside an urban area in this State, except
in an extreme emergency and then the vehicle shall not be pushed farther
than is reasonably necessary to remove it from the roadway or from the
immediate hazard that exists.
(Source: P.A. 78-486.)
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(625 ILCS 5/15-115)
Sec. 15-115. (Repealed).
(Source: P.A. 83-12. Repealed by P.A. 98-44, eff. 6-28-13.)
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(625 ILCS 5/15-116) Sec. 15-116. Highway designations. (a) The Department of Transportation shall maintain and provide a listing of all Class I and Class II designated streets and highways as defined in Chapter 1 of this Code.
(b) The Department shall also maintain and provide a listing of all local streets or highways that have been designated Class II by local agencies. (c) Local agencies shall be responsible for reporting to the Department all streets and highways under their jurisdiction designated Class II. Local agencies shall also provide to the Department reference contact names and telephone numbers.
(d) The Department shall also maintain and provide an official map of the Designated State Truck Route System that includes State and local streets and highways that have been designated Class I or Class II.
(e) If a unit of local government has no Class II designated truck routes, the unit of local government shall affirm to the Department that it has no such truck routes. (f) Each unit of local government shall report to the Department, and the Department shall post on its official website, any limitations prohibiting the operation of vehicles imposed by ordinance or resolution in the unit of local government's non-designated highway system and any non-designated highway that is not designed and constructed after January 1, 2023 to the overall length dimension of vehicles permitted under paragraph (1) of subsection (f) of Section 15-107. (Source: P.A. 103-258, eff. 1-1-24.) |
(625 ILCS 5/15-117) Sec. 15-117. Global Positioning System Technology and the Designated Truck Route System Task Force. (a) A Global Positioning System Technology and the Designated Truck Route System Task Force shall be appointed to study and make recommendations for statutory change. (b) The Task Force shall study advances in and utilization of Global Positioning System (GPS) technology relating to routing information for commercial vehicles. The Task Force shall also study the implementation and compliance with the Designated Truck Route System under Section 15-116 of this Code. (c) The Task Force shall be composed of the following members, who shall serve without pay: (1) one member of the Senate appointed by the | ||
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(2) one member of the Senate appointed by the | ||
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(3) one member of the House of Representatives | ||
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(4) one member of the House of Representatives | ||
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(5) the Secretary of the Illinois Department of | ||
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(6) one member representing the global positioning | ||
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(7) one member representing the commercial trucking | ||
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(8) one member representing a unit of county | ||
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(9) one member representing a unit of municipal | ||
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(10) one member representing the county engineers | ||
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The members shall select a chairperson from among themselves. (d) The Task Force shall meet within 60 days of the effective date of this amendatory Act of the 96th General Assembly and meet at least 2 additional times before December 31, 2010. Staff support services may be provided to the Task Force by the Illinois Department of Transportation. (e) The Task Force shall submit to the Governor and General Assembly a report of its findings and recommendations for legislative action necessary to accomplish one or more of the following goals: (1) improving public traffic safety, (2) preserving roadway infrastructure, (3) addressing advances in GPS technology relating to truck routing, and (4) producing an accurate statewide designated truck route system through effective enforcement of Section 15-116 of this Code. The Task Force report must be submitted no later than January 1, 2011. The activities of the Task Force shall conclude no later than January 31, 2011.
(Source: P.A. 96-1370, eff. 7-28-10.) |
(625 ILCS 5/Ch. 15 Art. II heading) ARTICLE II.
VEHICLES EXCEEDING WEIGHT LIMITS
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(625 ILCS 5/15-201) (from Ch. 95 1/2, par. 15-201)
Sec. 15-201. Vehicles exceeding prescribed weight limits - Preventing use of highway by. The Illinois State Police is directed to institute
and maintain
a program designed to prevent the use of public highways by vehicles which
exceed the maximum weights allowed by Section 15-111 of this Act or which
exceeds the maximum weights allowed as evidenced by the license plates
attached to such vehicle and which license is required by this Act.
(Source: P.A. 102-538, eff. 8-20-21.)
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(625 ILCS 5/15-202) (from Ch. 95 1/2, par. 15-202)
Sec. 15-202. Enforcement.
Such program shall make provision for an intensive campaign by the Illinois State
Police to apprehend any violators of the acts above mentioned, and at all
times to maintain a vigilant watch for possible violators of such acts.
(Source: P.A. 102-538, eff. 8-20-21.)
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(625 ILCS 5/15-203) (from Ch. 95 1/2, par. 15-203)
Sec. 15-203. Records
of violations.
The Illinois State Police shall maintain records
of the number
of violators of such acts apprehended and the number of convictions
obtained. A resume of such records shall be included in the Department's
annual report to the Governor; and the Department shall also present such
resume to each regular session of the General Assembly.
The requirement for reporting to the General Assembly shall be satisfied
by filing copies of the report as required
by Section 3.1 of the General Assembly Organization Act, and filing such additional copies with the State Government
Report Distribution Center for the General Assembly as is required under
paragraph (t) of Section 7 of the State Library Act.
(Source: P.A. 102-538, eff. 8-20-21.)
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(625 ILCS 5/Ch. 15 Art. III heading) ARTICLE III.
PERMITS
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(625 ILCS 5/15-301) (from Ch. 95 1/2, par. 15-301)
Sec. 15-301. Permits for excess size and weight.
(a) The Department with respect to highways under its jurisdiction
and local authorities with respect to highways under their jurisdiction
may, in their discretion, upon application and good cause being shown
therefor, issue a special permit authorizing the applicant to operate or
move a vehicle or combination of vehicles of a size or weight of vehicle or
load exceeding the maximum specified in this Code or otherwise not in
conformity with this Code upon any highway under the jurisdiction of the
party granting such permit and for the maintenance of which the party is
responsible. Applications and permits other than those in written or
printed form may only be accepted from and issued to the company or
individual making the movement. Except for an application to move directly
across a highway, it shall be the duty of the applicant to establish in the
application that the load to be moved by such vehicle or combination cannot reasonably be
dismantled or
disassembled, the reasonableness of which shall be determined by the Secretary of the Department. For the purpose of
over length movements,
more than one object may be carried side by side as long as the height, width,
and weight laws are not exceeded and the cause for the over length is not due
to multiple objects. For the purpose of over height movements, more than one
object may be carried as long as the cause for the over height is not due to
multiple objects and the length, width, and weight laws are not exceeded. For
the purpose of an over width movement, more than one object may be carried as
long as the cause for the over width is not due to multiple objects and length,
height, and weight laws are not exceeded. Except for transporting fluid milk products, no State or local agency shall
authorize the issuance of excess size or weight permits for vehicles and loads
that are divisible and that can be carried, when divided, within the existing
size or weight maximums specified in this Chapter. Any excess size or weight
permit issued in violation of the provisions of this Section shall be void at
issue and any movement made thereunder shall not be authorized under the terms
of the void permit. In any prosecution for a violation of this Chapter when
the authorization of an excess size or weight permit is at issue, it is the
burden of the defendant to establish that the permit was valid because the load
to be moved could not reasonably be dismantled or disassembled, or was
otherwise nondivisible.
(a-1) As used in this Section, "extreme heavy duty tow and recovery vehicle" means a tow truck manufactured as a unit having a lifting capacity of not less than 50 tons, and having either 4 axles and an unladen weight of not more than 80,000 pounds or 5 axles and an unladen weight not more than 90,000 pounds. Notwithstanding otherwise applicable gross and axle weight limits, an extreme heavy duty tow and recovery vehicle may lawfully travel to and from the scene of a disablement and clear a disabled vehicle if the towing service has obtained an extreme heavy duty tow and recovery permit for the vehicle. The form and content of the permit shall be determined by the Department with respect to highways under its jurisdiction and by local authorities with respect to highways under their jurisdiction. (b) The application for any such permit shall: (1) state whether
such permit is requested for a single trip or for limited continuous
operation; (2) (blank); (3) specifically describe and identify the vehicle or
vehicles and load to be operated or moved; (4) state the
routing requested, including the points of origin and destination, and may
identify and include a request for routing to the nearest certified scale
in accordance with the Department's rules and regulations, provided the
applicant has approval to travel on local roads; and (5) (blank).
(c) The Department or local authority when not inconsistent with
traffic safety is authorized to issue or withhold such permit at its
discretion; or, if such permit is issued at its discretion to prescribe
the route or routes to be traveled, to limit the number of trips, to
establish seasonal or other time limitations within which the vehicles
described may be operated on the highways indicated, or otherwise to
limit or prescribe conditions of operations of such vehicle or vehicles,
when necessary to assure against undue damage to the road foundations,
surfaces or structures, and may require such undertaking or other
security as may be deemed necessary to compensate for any injury to any
roadway or road structure. The Department shall maintain a daily record of
each permit issued along with the fee and the stipulated dimensions,
weights, conditions, and restrictions authorized and this record shall be
presumed correct in any case of questions or dispute. The Department shall
install an automatic device for recording telephone conversations involving permit applications. The Department and
applicant waive all objections to the recording of the conversation.
(d) The Department shall, upon application in writing from any local
authority, issue an annual permit authorizing the local authority to
move oversize highway construction, transportation, utility, and maintenance
equipment over roads under the jurisdiction of the Department. The permit
shall be applicable only to equipment and vehicles owned by or registered
in the name of the local authority, and no fee shall be charged for the
issuance of such permits.
(e) As an exception to subsection (a) of this Section, the Department
and local authorities, with respect to highways under their respective
jurisdictions, in their discretion and upon application in writing, may
issue a special permit for limited continuous operation, authorizing the
applicant to move loads of agricultural commodities on a 2-axle single
vehicle registered by the Secretary of State with axle loads not to exceed
35%, on a 3-axle or 4-axle
vehicle registered by the Secretary of State with axle loads
not to exceed 20%, and on a 5-axle vehicle registered by the
Secretary of State not to exceed 10% above those provided in Section 15-111. The total gross weight of the vehicle, however,
may not exceed the maximum gross weight of the registration class of the vehicle allowed under Section 3-815 or 3-818 of this Code. As used in this Section, "agricultural commodities"
means: (1) cultivated plants or agricultural produce grown, | ||
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(2) livestock, including, but not limited to, hogs, | ||
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(3) ensilage; and (4) fruits and vegetables.
Permits may be issued for a
period not to exceed 40 days and moves may be made of a distance not to
exceed 50 miles from a field, an on-farm grain storage facility, a warehouse as defined in the Grain Code, or a livestock management facility as defined in the Livestock Management Facilities Act over any
highway except the National System of Interstate and Defense Highways. The operator of the vehicle,
however, must abide by posted bridge and posted highway weight limits. All implements of husbandry operating under this Section between sunset and sunrise shall be equipped as prescribed in Section 12-205.1.
(e-1) A special permit shall be issued by the Department under this Section and shall
be required from September 1 through December 31 for a vehicle that exceeds the maximum axle weight and gross weight limits under Section 15-111 of this Code or exceeds the vehicle's registered gross weight, provided that the vehicle's axle weight and gross weight do not exceed 10% above the maximum limits under Section 15-111 of this Code and does not exceed the vehicle's registered gross weight by 10%. All other restrictions that apply to permits issued under this Section shall apply during the declared time period and no fee shall be charged for the issuance of those permits. Permits issued by the Department under this subsection (e-1) are only valid on federal and State highways under the jurisdiction of the Department, except interstate highways. With
respect to highways under the jurisdiction of local authorities, the local
authorities may, at their discretion, waive special permit requirements and set a divisible load weight limit not to exceed 10% above a vehicle's registered gross weight, provided that the vehicle's axle weight and gross weight do not exceed 10% above the maximum limits specified in Section 15-111. Permits issued under this subsection (e-1) shall apply to all registered vehicles
eligible to obtain permits under this Section, including vehicles used in private or for-hire movement of divisible load agricultural commodities during the declared time period.
(f) The form and content of the permit shall be determined by the
Department with respect to highways under its jurisdiction and by local
authorities with respect to highways under their jurisdiction. Every permit
shall be in written form and carried in the vehicle or combination of
vehicles to which it refers and shall be open to inspection by any
police officer or authorized agent of any authority granting the permit
and no person shall violate any of the terms or conditions of such
special permit. Violation of the terms and conditions of the permit
shall not be deemed a revocation of the permit; however, any vehicle and load
found to be off the route prescribed in the permit shall be held to be
operating without a permit. Any off-route vehicle and load shall be required
to obtain a new permit or permits, as necessary, to authorize the movement back
onto the original permit routing. No rule or regulation, nor anything herein,
shall be construed to authorize any police officer, court, or authorized agent
of any authority granting the permit to remove the permit from the possession
of the permittee unless the permittee is charged with a fraudulent permit
violation as provided in subsection (i). However, upon arrest for an offense of
violation of permit, operating without a permit when the vehicle is off route,
or any size or weight offense under this Chapter when the permittee plans to
raise the issuance of the permit as a defense, the permittee, or his agent,
must produce the permit at any court hearing concerning the alleged offense.
If the permit designates and includes a routing to a certified scale, the permittee, while en route to the designated scale, shall be deemed in compliance
with the weight provisions of the permit provided the axle or gross weights
do not exceed any of the permitted limits by more than the following amounts:
Single axle 2000 pounds Tandem axle 3000 pounds Gross 5000 pounds
(g) The Department is authorized to adopt, amend, and make
available to interested persons a policy concerning reasonable rules,
limitations and conditions or provisions of operation upon highways
under its jurisdiction in addition to those contained in this Section
for the movement by special permit of vehicles, combinations, or loads
which cannot reasonably be dismantled or disassembled, including
manufactured and modular home sections and portions thereof. All rules,
limitations and conditions or provisions adopted in the policy shall
have due regard for the safety of the traveling public and the protection
of the highway system and shall have been promulgated in conformity with
the provisions of the Illinois Administrative Procedure Act. The
requirements of the policy for flagmen and escort vehicles shall be the
same for all moves of comparable size and weight. When escort vehicles are
required, they shall meet the following requirements:
(1) All operators shall be 18 years of age or over | ||
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(2) Vehicles escorting oversized loads more than 12 | ||
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The Department shall establish reasonable rules and regulations
regarding liability insurance or self insurance for vehicles with
oversized loads promulgated under the Illinois Administrative Procedure
Act. Police vehicles may be required for escort under circumstances as
required by rules and regulations of the Department.
(h) Violation of any rule, limitation or condition or provision of
any permit issued in accordance with the provisions of this Section
shall not render the entire permit null and void but the violator shall
be deemed guilty of violation of permit and guilty of exceeding any size,
weight, or load limitations in excess of those authorized by the permit.
The prescribed route or routes on the permit are not mere rules, limitations,
conditions, or provisions of the permit, but are also the sole extent of the
authorization granted by the permit. If a vehicle and load are found to be
off the route or routes prescribed by any permit authorizing movement,
the vehicle and load are operating without a permit. Any off-route movement
shall be subject to the size and weight maximums, under the applicable
provisions of this Chapter, as determined by the type or class highway upon
which the vehicle and load are being operated.
(i) Whenever any vehicle is operated or movement made under a
fraudulent permit, the permit shall be void, and the person, firm, or
corporation to whom such permit was granted, the driver of such vehicle
in addition to the person who issued such permit and any accessory,
shall be guilty of fraud and either one or all persons may be prosecuted
for such violation. Any person, firm, or corporation committing such
violation shall be guilty of a Class 4 felony and the Department shall
not issue permits to the person, firm, or corporation convicted of such
violation for a period of one year after the date of conviction.
Penalties for violations of this Section shall be in addition to any
penalties imposed for violation of other Sections of this Code.
(j) Whenever any vehicle is operated or movement made in violation
of a permit issued in accordance with this Section, the person to whom
such permit was granted, or the driver of such vehicle, is guilty of
such violation and either, but not both, persons may be prosecuted for
such violation as stated in this subsection (j). Any person, firm, or
corporation convicted of such violation shall be guilty of a petty
offense and shall be fined, for the first offense, not less than $50 nor
more than $200 and, for the second offense by the same person, firm, or
corporation within a period of one year, not less than $200 nor more
than $300 and, for the third offense by the same person, firm, or
corporation within a period of one year after the date of the first
offense, not less than $300 nor more than $500 and the Department may, in its discretion, not issue permits to the person, firm, or corporation convicted of a
third offense during a period of one year after the date of conviction or supervision
for such third offense. If any violation is the cause or contributing cause in a motor vehicle crash causing damage to property, injury, or death to a person, the Department may, in its discretion, not issue a permit to the person, firm, or corporation for a period of one year after the date of conviction or supervision for the offense.
(k) Whenever any vehicle is operated on local roads under permits
for excess width or length issued by local authorities, such vehicle may
be moved upon a State highway for a distance not to exceed one-half mile
without a permit for the purpose of crossing the State highway.
(l) Notwithstanding any other provision of this Section, the Department,
with respect to highways under its jurisdiction, and local authorities, with
respect to highways under their jurisdiction, may at their discretion authorize
the movement of a vehicle in violation of any size or weight requirement, or
both, that would not ordinarily be eligible for a permit, when there is a
showing of extreme necessity that the vehicle and load should be moved without
unnecessary delay.
For the purpose of this subsection, showing of extreme necessity shall be
limited to the following: shipments of livestock, hazardous materials, liquid
concrete being hauled in a mobile cement mixer, or hot asphalt.
(m) Penalties for violations of this Section shall be in addition to any
penalties imposed for violating any other Section of this Code.
(n) The Department with respect to highways under its jurisdiction and
local
authorities with respect to highways under their jurisdiction, in their
discretion and upon
application in writing, may issue a special permit for continuous limited
operation,
authorizing the applicant to operate a tow truck that exceeds the weight limits
provided
for in subsection (a) of Section 15-111, provided:
(1) no rear single axle of the tow truck exceeds | ||
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(2) no rear tandem axle of the tow truck exceeds | ||
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(2.1) no triple rear axle on a manufactured recovery | ||
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(3) neither the disabled vehicle nor the disabled | ||
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(4) the tow truck prior to hookup does not exceed the | ||
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(5) during the tow operation the tow truck does not | ||
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(6) the tow truck is equipped with flashing, | ||
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(7) the tow truck is specifically designed and | ||
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(8) the tow truck has a gross vehicle weight rating | ||
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(9) the tow truck is equipped with air brakes;
(10) the tow truck is capable of utilizing the | ||
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(11) the tow commences at the initial point of wreck | ||
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(12) the permit issued to the tow truck is carried in | ||
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(13) the movement shall be valid only on State routes | ||
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(o) (Blank).
(p) In determining whether a load may be reasonably dismantled or disassembled for the purpose of subsection (a), the Department shall consider whether there is a significant negative impact on the condition of the pavement and structures along the proposed route, whether the load or vehicle as proposed causes a safety hazard to the traveling public, whether dismantling or disassembling the load promotes or stifles economic development, and whether the proposed route travels less than 5 miles. A load is not required to be dismantled or disassembled for the purposes of subsection (a) if the Secretary of the Department determines there will be no significant negative impact to pavement or structures along the proposed route, the proposed load or vehicle causes no safety hazard to the traveling public, dismantling or disassembling the load does not promote economic development, and the proposed route travels less than 5 miles.
The Department may promulgate rules for the purpose of establishing the divisibility of a load pursuant to subsection (a). Any load determined by the Secretary to be nondivisible shall otherwise comply with the existing size or weight maximums specified in this Chapter. (Source: P.A. 101-81, eff. 7-12-19; 101-547, eff. 1-1-20; 102-124, eff. 7-23-21; 102-982, eff. 7-1-23.)
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(625 ILCS 5/15-302) (from Ch. 95 1/2, par. 15-302)
Sec. 15-302. Fees for special permits. The Department with respect to
highways under its jurisdiction shall collect a fee from the applicant for
the issuance of a permit to operate or move a vehicle or combination of
vehicles or load as authorized in Section 15-301. The charge for each
permit shall consist of:
1. a service charge for special handling of a permit | ||
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2. fees for any dimension, axle weight or gross | ||
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3. additional fees for special investigations as in | ||
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With respect to overweight fees, the charge
shall be sufficient to compensate in part for the cost
of the extra wear and tear on the mileage of highways over which the
load is to be moved. With respect to over-dimension permits, the fee
shall be sufficient to compensate in part for the special privilege of
transporting oversize vehicle or vehicle combination and load and to
compensate in part for the economic loss of operators of vehicles in
regular operation due to inconvenience occasioned by the oversize movements.
Fees to be paid by the applicant are to be at the rates specified in this
Chapter. In determining the fees in Section 15-306 and
paragraph (f) of Section 15-307, all weights shall be
to the next highest 1,000 pounds and all distances shall be determined from
the Illinois Official Highway Map.
For repeated moves of like objects which cannot be dismantled or disassembled
and which are monolithically structured for permanent use in the transported
form, the fees specified in Sections 15-305, 15-306 and 15-307 for other
than the first move shall be reduced by $4 provided the objects are to be
moved from the same origin to the same destination, the number of trips
will not be less than 5, the trips will be completed within 30 days, and
all applications are submitted at one time. Round trip permits shall be
the same as a single trip permit except the fee shall be computed
based upon the total distance traveled, and shall be for the same vehicle,
vehicle combination or like load traveling both directions over the same
route, provided a description including make and model of the equipment
being transported is furnished to the Department. Limited continuous operation permits are to be
valid for a period of 90 days or one year, and shall be for the same
vehicle, vehicle
combination or like load.
(Source: P.A. 100-728, eff. 1-1-19.)
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(625 ILCS 5/15-303) (from Ch. 95 1/2, par. 15-303)
Sec. 15-303.
Transmission Fees.
When special transmission of permits is requested by an
applicant, a service charge in an amount sufficient to defray the cost
shall be charged.
(Source: P.A. 81-199.)
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(625 ILCS 5/15-304) (from Ch. 95 1/2, par. 15-304)
Sec. 15-304.
Fees for house trailer combinations, or a unit carrying roof or
floor trusses. Fees for special permits to move a house trailer, oversize
storage building, modular home section, or a unit carrying roof or floor
trusses in combination with a towing vehicle shall be paid by the applicant to
the Department at the following rates:
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(Source: P.A. 89-219, eff. 1-1-96; 90-148, eff. 7-23-97.)
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(625 ILCS 5/15-305) (from Ch. 95 1/2, par. 15-305)
Sec. 15-305. Fees for legal weight but overdimension vehicles, combinations,
and loads, other than house trailer combinations.
Fees for special permits to move overdimension vehicles, combinations, and
loads, other than house trailer combinations, shall be paid by the applicant
to the Department at the following rates:
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Permits issued under this Section shall be for a vehicle, or vehicle
combination and load not exceeding legal weights, and, in the case of the
limited continuous operation, shall be for the same vehicle, vehicle
combination, or like load.
Escort requirements shall be as prescribed in the Department's rules and
regulations. Fees for the Illinois State Police vehicle escort, when required, shall
be in addition to the permit fees.
(Source: P.A. 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
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(625 ILCS 5/15-306) (from Ch. 95 1/2, par. 15-306)
Sec. 15-306. Fees for Overweight-Axle Loads. Fees for special permits to move legal gross weight vehicles, combinations
of vehicles and loads with overweight-axle loads shall be paid by the applicant
to the Department as follows:
For each overweight single axle or tandem axle group, the flat rate fees
herein scheduled for increments of 45 miles or fraction thereof including
issuance fee predicated upon a 20,000 pound single axle equivalency.
20,000 Pound Single Axle Equivalency Fees
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(Source: P.A. 96-34, eff. 1-1-10 (see Section 60-50 of P.A. 96-37 for effective date of changes made by P.A. 96-34).)
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(625 ILCS 5/15-307) (from Ch. 95 1/2, par. 15-307)
Sec. 15-307. Fees for overweight-gross loads. Fees for special permits to move vehicles, combinations of vehicles
and loads with overweight-gross loads shall be paid at the flat rate fees
established in this Section for weights in excess of legal gross weights,
by the applicant to the Department.
(a) With respect to fees for overweight-gross loads listed in this
Section and for overweight-axle loads listed in Section 15-306, one fee
only shall be charged, whichever is the greater, but not for both.
(b) In lieu of the fees stated in this Section and Section 15-306,
with respect to combinations of vehicles consisting of a 3-axle truck
tractor with a tandem axle composed of 2 consecutive axles drawing a
semitrailer, or other vehicle approved by the Department, equipped with
a tandem axle composed of 3 consecutive axles,
weighing over 80,000 pounds but not more than 88,000 pounds gross
weight, the fees shall be at the following rates:
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For such combinations weighing over 88,000 pounds but not more than 100,000
pounds gross weight, the fees shall be at the following rates: | ||||||||||||||
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For such combination weighing over 100,000 pounds but not more than
110,000 pounds gross weight, the fees shall be at the following rates: | ||||||||||||||
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For such combinations weighing over 110,000 pounds but not more than 120,000
pounds gross weight, the fees shall be at the following rates: | ||||||||||||||
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Payment of overweight fees for the above combinations also shall
include fees for overwidth dimensions of 4 feet or less, overheight and
overlength. Any overwidth in excess of 4 feet shall be charged an additional
fee of $15. (c) In lieu of the fees stated in this Section and Section 15-306 of
this Chapter, with respect to combinations of vehicles consisting of a
3-axle truck tractor with a tandem axle composed of 2 consecutive axles
drawing a semitrailer, or other vehicle approved by the Department,
equipped with a tandem axle composed of 2
consecutive axles, weighing over 80,000 pounds but not more than 88,000
pounds gross weight, the fees shall be at the following rates: | ||||||||||||||
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For such combination weighing over 88,000 pounds but not more than 100,000
pounds gross weight, the fees shall be at the following rates: | ||||||||||||||
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Payment of overweight fees for the above combinations also shall include
fees for overwidth dimension of 4 feet or less, overheight and overlength.
Any overwidth in excess of 4 feet shall be charged an additional overwidth fee
of $15. (d) In lieu of the fees stated in this Section and in Section 15-306
of this Chapter, with respect to a 3 (or more) axle mobile crane or water
well-drilling vehicle
consisting of a single axle and a tandem axle or 2 tandem axle groups
composed of 2 consecutive axles each, with a distance of extreme axles
not less than 18 feet, weighing not more than 60,000 pounds gross with
no single axle weighing more than 21,000 pounds, or any tandem axle
group to exceed 40,000 pounds, the fees shall be at the following rates: | ||||||||||||||
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For such vehicles weighing over 60,000 pounds but not more than 68,000
pounds with no single axle weighing more than 21,000 pounds and no tandem
axle group exceeding 48,000 pounds, the fees shall be at the following rates: | ||||||||||||||
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Payment of overweight fees for the above vehicle shall include
overwidth dimension of 4 feet or less, overheight and overlength. Any overwidth
in excess of 4 feet shall be charged an additional overwidth fee of $15. (e) In lieu of the fees stated in this Section and in Section 15-306
of this Chapter, with respect to a 4 (or more) axle mobile crane or water
well drilling vehicle
consisting of 2 sets of tandem axles composed of 2 or more consecutive
axles each with a distance between extreme axles of not less than 23
feet weighing not more than 72,000 pounds with axle weights on one set
of tandem axles not more than 34,000 pounds, and weight in the
other set of tandem axles not to exceed 40,000 pounds, the fees shall be
at the following rates: | ||||||||||||||
| ||||||||||||||
For such vehicles weighing over 72,000 pounds but not more than 76,000
pounds with axle weights on either set of tandem axles not more than 44,000
pounds, the fees shall be at the following rates: | ||||||||||||||
| ||||||||||||||
Payment of overweight fees for the above vehicle shall include
overwidth dimension of 4 feet or less, overheight and overlength. Any
overwidth in excess of 4 feet shall be charged an additional fee of $15. (f) In lieu of fees stated in this Section and in Section 15-306 of
this Chapter, with respect to a two axle mobile crane or water
well-drilling vehicle consisting of 2 single axles weighing not more than
48,000 pounds with no single axle weighing more than 25,000 pounds, the
fees shall be at the following rates: | ||||||||||||||
| ||||||||||||||
For such vehicles weighing over 48,000 pounds but not more than 54,000
pounds with no single axle weighing more than 28,000 pounds, the fees shall
be at the following rates: | ||||||||||||||
| ||||||||||||||
Payment of overweight fees for the above vehicle shall include
overwidth dimension of 4 feet or less, overheight and overlength. Any
overwidth in excess of 4 feet shall be charged an additional overwidth fee of
$15.
(g) Fees for special permits to move vehicles, combinations of vehicles,
and loads with overweight gross loads not included
in the fee categories shall be paid by the applicant to the Department at
the rate of $50 plus 3.5 cents per ton-mile in excess of legal weight.
With respect to fees for overweight gross loads not included in the schedules
specified in paragraphs (a) through (e) of Section 15-307 and for overweight
axle loads listed in Section 15-306, one fee only shall be charged, whichever
is the greater, but not both. An additional fee in accordance with the
schedule set forth in Section 15-305 shall be charged for each overdimension.
(h) Fees for special permits for continuous limited operation authorizing the applicant to operate vehicles that exceed the weight limits provided for in subsection (a) of Section 15-111. All single axles excluding the steer axle and axles within a tandem are limited to 24,000 pounds or less unless otherwise noted in this subsection (h). Loads up to 12 feet wide and 110 feet in length shall be included within this permit. Fees shall be $250 for a quarterly and $1,000 for an annual permit. Front tag axle and double tandem trailers are not eligible. The following configurations qualify for the quarterly and annual permits: (1) 3 or more axles, total gross weight of 68,000 | ||||||||||||||
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(2) 4 or more axles, total gross weight of 76,000 | ||||||||||||||
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(3) 5 or more axles, total gross weight of 100,000 | ||||||||||||||
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(4) 6 or more axles, total gross weight of 120,000 | ||||||||||||||
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(Source: P.A. 102-124, eff. 7-23-21.)
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(625 ILCS 5/15-308) (from Ch. 95 1/2, par. 15-308)
Sec. 15-308. Fees for overweight trucks hauling agricultural commodities.
Fees for special permits for increased axle loads to be used for hauling
agricultural commodities, as defined in subsection (e) of Section 15-301; limited continuous operation permit only, $5 per axle.
(Source: P.A. 93-971, eff. 8-20-04.)
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(625 ILCS 5/15-308.1)
Sec. 15-308.1.
Fees for moving oversize or overweight equipment to the
site of rail derailments. Fees for permits to move oversize or overweight
equipment to the sites of train derailments shall include all
equipment otherwise eligible to obtain single trip permits under normal
situations. The permit shall be valid for a period of one year and can be used
at any time for movement to the site of a train derailment during an
emergency. The amount of the fee shall be $500.
(Source: P.A. 90-273, eff. 7-30-97.)
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(625 ILCS 5/15-308.2)
Sec. 15-308.2. Fees for special permits for tow trucks. The fee for a
special permit to
operate a tow truck pursuant to subsection (n) of Section 15-301 is $50
quarterly and
$200 annually.
(Source: P.A. 100-863, eff. 8-14-18.)
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(625 ILCS 5/15-308.3)
Sec. 15-308.3. (Repealed).
(Source: P.A. 95-331, eff. 8-21-07. Repealed by P.A. 99-717, eff. 8-5-16.)
|
(625 ILCS 5/15-309) (from Ch. 95 1/2, par. 15-309)
Sec. 15-309.
Fees for Moves Directly across Highway.
Fees for special permits for vehicles or vehicle combinations
exceeding the legal sizes and weights specified in this Chapter either
empty or hauling material directly across a highway making repeated
moves in the course of industrial operations, for a period of 6 months;
limited continuous operation permit only, $15.
(Source: P.A. 81-199.)
|
(625 ILCS 5/15-310) (from Ch. 95 1/2, par. 15-310)
Sec. 15-310.
Fees for Buildings and Special Moves.
Fees for special permits for moving buildings or large machines.
(a) When moved on house moving equipment or on own trucks or tracks fees
will be based on maximum overall dimensions, plus engineering investigation
and police escort fees when required; single trip only.
(b) When moved on a vehicle or vehicle combination applicable
overdimension and overweight fees shall apply; single trip only.
(Source: P.A. 76-1586.)
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(625 ILCS 5/15-311) (from Ch. 95 1/2, par. 15-311)
Sec. 15-311.
Fees for Engineering Inspections or Field Investigations.
Engineering inspections or field investigations will be made
by the Department and the following fees shall be paid by the applicant:
for normal field investigations, or for special engineering
investigations requiring assessment of work to be done on the highway
and final inspection, $40 per hour.
(Source: P.A. 84-566.)
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(625 ILCS 5/15-312) (from Ch. 95 1/2, par. 15-312) (Text of Section before amendment by P.A. 103-706)
Sec. 15-312. Fees for police escort. When State Police escorts are required by the Department of Transportation for the
safety of the motoring public, the following fees shall be paid by the
applicant: (1) to the Department of Transportation: $40 per hour | ||
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(2) to the Illinois State Police: $75 per hour per | ||
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The actual time of the movement shall be the time the police escort is required to pick up the movement to the time the movement is completed. Any delays or breakdowns shall be considered part of the movement time. Any fraction of an hour shall be rounded up to the next whole hour. (Source: P.A. 102-505, eff. 8-20-21.)
(Text of Section after amendment by P.A. 103-706) Sec. 15-312. Fees for police escort. When State Police escorts are required by the Department of Transportation for the safety of the motoring public, the following fees shall be paid by the applicant: (1) to the Department of Transportation: $40 per hour | ||
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(2) to the Illinois State Police: $75 per hour per | ||
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The actual time of the movement shall be the time the police escort is required to pick up the movement to the time the movement is completed. Any delays or breakdowns shall be considered part of the movement time. Any fraction of an hour shall be rounded up to the next whole hour. The State Police may use an online payment system to accept fees for police escorts. (Source: P.A. 102-505, eff. 8-20-21; 103-706, eff. 1-1-25.) |
(625 ILCS 5/15-313) (from Ch. 95 1/2, par. 15-313)
Sec. 15-313.
Supplemental Permit Fee.
The Department shall collect a fee of $5 and other
applicable fees to cover the cost of processing an application for
supplemental special permit. This fee shall be charged for each
supplemental special permit issued. In addition, if the supplemental
permit provides for an increase in size or weight or both over that
specified in the original special permit, additional fees shall be
charged as provided in Sections 15-303 through 15-312 as applicable, to
correct for the increase.
(Source: P.A. 81-199.)
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(625 ILCS 5/15-314) (from Ch. 95 1/2, par. 15-314)
Sec. 15-314. Payment of fees. The Department shall prescribe the time
and method of payment of all appropriate fees authorized by Section 15-302
through 15-313.
The Department may, at its discretion, establish credit accounts with billing
to be made at intervals not exceeding one month.
Failure to pay invoices in full within a period of 30 days after the billing
date shall be sufficient cause for the Department to withhold issuance of
any further permits or credit to the individual, company, or subsidiary firm.
The Department is authorized to charge a service fee of $3 for a dishonored payment
returned for any reason. All money received by the
Department under the provisions of this Section shall be deposited in
the Road Fund. No refund shall be made to applicant following issuance
of a permit if move is not completed.
(Source: P.A. 99-324, eff. 1-1-16.)
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(625 ILCS 5/15-315) (from Ch. 95 1/2, par. 15-315)
Sec. 15-315.
Exemptions to requirement of fees.
(a) The requirements as to fees authorized by Sections 15-302 through
15-314 shall not apply to the owner of the vehicle or vehicle combination
if owned by the United States, this State, or any political subdivision of
this State, or any municipality therein.
(b) The provisions of Sections 15-302 through 15-314 requiring fees for
a permit shall not modify, alter or in any manner affect either the
provisions of Section 15-301, or the policy of the
Department adopted for the administration of this Chapter.
(Source: P.A. 83-831.)
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(625 ILCS 5/15-316) (from Ch. 95 1/2, par. 15-316)
Sec. 15-316. When the Department or local authority may restrict right to use highways.
(a) Except as provided in subsection (g), local authorities with
respect to highways under their jurisdiction may by ordinance or resolution
prohibit the operation of vehicles upon any such highway or impose
restrictions as to the weight of vehicles to be operated upon any such
highway, for a total period of not to exceed 90 days, measured in either consecutive or nonconsecutive days at the discretion of local authorities, in any one calendar
year, whenever any said highway by reason of deterioration, rain, snow, or
other climate conditions will be seriously damaged or destroyed unless the
use of vehicles thereon is prohibited or the permissible weights thereof
reduced.
(b) The local authority
enacting any such ordinance or resolution shall erect or cause to be erected
and maintained signs designating the provision of the ordinance or resolution
at each end of that portion of any highway affected thereby, and the ordinance
or resolution shall not be effective unless and until such signs are erected
and maintained. To be effective, an ordinance or resolution passed to designate a Class II roadway need not require that signs be erected, but the designation shall be reported to the Department.
(c) Local authorities with
respect to highways under their jurisdiction may also, by ordinance or
resolution, prohibit the operation of trucks or other commercial vehicles,
or may impose limitations as the weight thereof, on designated highways, which
prohibitions and limitations shall be designated by appropriate signs placed on
such highways.
(c-1) (Blank).
(c-5) Highway commissioners, with respect to roads under their authority, may not permanently post a road or portion thereof at a reduced weight limit unless the decision to do so is made in accordance with Section 6-201.22 of the Illinois Highway Code. (d) The Department shall likewise have authority as hereinbefore
granted to local authorities to
determine by resolution and to impose restrictions as to the weight of vehicles
operated upon any highway under the jurisdiction of said department, and such
restrictions shall be effective when signs giving notice thereof are erected
upon the highway or portion of any highway affected by such resolution.
(d-1) (Blank).
(d-2) (Blank).
(e) When any vehicle is operated in violation of this Section, the owner
or driver of the vehicle shall be deemed guilty of a violation and either the
owner or the driver of the vehicle may be prosecuted for the violation. Any
person, firm, or corporation convicted of violating this Section shall be fined
$50 for any weight exceeding the posted limit up to the axle or gross weight
limit allowed a vehicle as provided for in subsections (a) or (b) of Section
15-111 and $75 per every 500 pounds or fraction thereof for any weight
exceeding that which is provided for in subsections (a) or
(b) of Section 15-111.
(f) A municipality is authorized to enforce a county weight limit
ordinance applying to county highways within its corporate limits and is
entitled to the proceeds of any fines collected from the enforcement.
(g) An ordinance or resolution enacted by a county or township pursuant to subsection (a) of this Section shall not apply to cargo tank vehicles with two or three permanent axles when delivering propane for emergency heating purposes if the cargo tank is loaded at no more than 50 percent capacity, the gross vehicle weight of the vehicle does not exceed 32,000 pounds, and the driver of the cargo tank vehicle notifies the appropriate agency or agencies with jurisdiction over the highway before driving the vehicle on the highway pursuant to this subsection. The cargo tank vehicle must have an operating gauge on the cargo tank which indicates the amount of propane as a percent of capacity of the cargo tank. The cargo tank must have the capacity displayed on the cargo tank, or documentation of the capacity of the cargo tank must be available in the vehicle. For the purposes of this subsection, propane weighs 4.2 pounds per gallon. This subsection does not apply to municipalities. Nothing in this subsection shall allow cargo tank
vehicles
to cross bridges with posted weight restrictions if the vehicle exceeds the posted weight limit. (Source: P.A. 101-328, eff. 1-1-20.)
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(625 ILCS 5/15-317) (from Ch. 95 1/2, par. 15-317)
Sec. 15-317.
Special weight limitation on elevated structures.
(a) No person shall operate a vehicle or combination of vehicles over a
bridge or other elevated structure constituting a part of a highway with a
gross weight which is greater than the maximum weight permitted by the
Department, when such structure is sign posted as provided in this Section.
(b) The Department upon request from any local authority shall, or upon
its own initiative may, conduct an investigation of any bridge or other
elevated structure constituting a part of a highway, and if it finds that
such structure cannot with safety to itself withstand the weight of
vehicles otherwise permissible under this Chapter the Department shall
determine and declare the maximum weight of vehicles which such structure
can withstand, and shall cause or permit suitable signs stating maximum
weight to be erected and maintained before each end of such structure.
(c) Upon the trial of any person charged with a violation of this
Section proof of the determination of the maximum allowable weight by the
Department and the existence of the signs, constitutes conclusive evidence
of the maximum weight which can be maintained with safety to such bridge or
structure.
(Source: P.A. 76-1586.)
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(625 ILCS 5/15-318) (from Ch. 95 1/2, par. 15-318)
Sec. 15-318.
Liability if highway or structure damaged.
(a) Any person driving any vehicle, object or contrivance upon any
highway or highway structure is liable for all damage which the highway
or structure may sustain as a result of any illegal operation, driving
or moving of such vehicle, object or contrivance, or as a result of
operating, driving, or moving any vehicle, object, or contrivance
exceeding the maximum dimensions or weighing in excess of the maximum
weight specified in this Chapter but authorized by a special permit
issued as provided in this Chapter. The measure of liability is the cost
of repairing a facility partially damaged or the depreciated replacement
cost of a facility damaged beyond repair together with all other
expenses incurred by the authorities in control of the highway or
highway structure in providing a temporary detour, including a temporary
structure, to serve the needs of traffic during the period of repair or
replacement of the damaged highway or highway structure.
(b) Whenever such driver is not the owner of such vehicle, object,
or contrivance, but is so operating, driving, or moving the same with
the express or implied permission of such owner, then the owner and
driver are jointly and severally liable to the extent provided in
paragraph (a) of this Section.
(c) Recovery may be had in a civil action brought by the authorities
in control of such highway or highway structure.
(Source: P.A. 81-199.)
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(625 ILCS 5/15-319) (from Ch. 95 1/2, par. 15-319)
Sec. 15-319.
(Repealed).
(Source: P.A. 83-831. Repealed by P.A. 100-728, eff. 1-1-19.)
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(625 ILCS 5/Ch. 16 heading) CHAPTER 16.
ENFORCEMENT, PENALTIES AND DISPOSITION
OF FINES AND FORFEITURES, AND CRIMINAL CASES
|
(625 ILCS 5/Ch. 16 Art. I heading) ARTICLE I.
ENFORCEMENT, PENALTIES AND
DISPOSITION OF FINES AND FORFEITURES
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(625 ILCS 5/16-101) (from Ch. 95 1/2, par. 16-101)
Sec. 16-101.
Applicability.
The provisions of this Chapter shall be applicable to the enforcement of
this entire Code, except where another penalty is set forth in a specific
Chapter which is applicable to that Chapter or a designated part or Section thereof.
(Source: P.A. 82-1011.)
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(625 ILCS 5/16-102) (from Ch. 95 1/2, par. 16-102)
Sec. 16-102. Arrests - Investigations - Prosecutions. (a) The Illinois State Police shall patrol the public highways and make arrests
for violation of the provisions of this Act.
(b) The Secretary of State, through the investigators provided for in
this Act shall investigate and report violations of the provisions of
this Act in relation to the equipment and operation of vehicles as
provided for in Section 2-115 and for such purposes these investigators
have and may exercise throughout the State all of the powers of police officers.
(c) The State's Attorney of the county in which the violation occurs
shall prosecute all violations except when the violation occurs within
the corporate limits of a municipality, the municipal attorney may
prosecute if written permission to do so is obtained from the State's
Attorney. (d) The State's Attorney of the county in which the violation occurs may not grant to the municipal attorney permission to prosecute if the offense charged is a felony under Section 11-501 of this 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.
(Source: P.A. 102-538, eff. 8-20-21.)
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(625 ILCS 5/16-102.5)
Sec. 16-102.5.
Enforcement by municipality.
(a) If a municipality adopts an
ordinance similar to subsection (f) of Section 3-413 or Section 11-1304.5
of this Code, any person
that a municipality designates to enforce ordinances regulating the standing or
parking of vehicles shall have the authority to enforce the provisions of
subsection (f) of Section 3-413 or Section 11-1304.5 of this Code or the
similar local ordinance.
However, the authority to enforce subsection (f) of Section 3-413 or Section
11-1304.5 of this Code
or a similar local ordinance shall not be given to an appointed volunteer or
private or public entity under contract to enforce person with
disabilities parking laws.
(b) To enforce the provisions of subsection (f) of Section 3-413 or
Section 11-1304.5 of this
Code or a similar local ordinance, a municipality shall impose a fine not
exceeding $25.
(Source: P.A. 90-513, eff. 8-22-97; 90-655, eff. 7-30-98; 91-487, eff. 1-1-00.)
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(625 ILCS 5/16-103) (from Ch. 95 1/2, par. 16-103)
Sec. 16-103. Arrest outside county where violation committed.
Whenever a defendant is arrested upon a warrant charging a violation of
this Act in a county other than that in which such warrant was issued, the
arresting officer, immediately upon the request of the defendant, shall
take such defendant before a circuit judge or associate circuit judge in
the county in which the arrest was made who shall admit the defendant to
pretrial release for his appearance before the court named in the warrant. On setting the conditions of pretrial release, the circuit judge or associate circuit judge shall certify such
fact on the warrant and deliver the warrant and conditions of pretrial release, or the drivers license of such defendant if deposited,
under the law relating to such licenses, in lieu of such security, to the
officer having charge of the defendant. Such officer shall then immediately
discharge the defendant from arrest and without delay deliver such warrant
and such acknowledgment by the defendant of his or her receiving the conditions of pretrial release or drivers license to the
court before which the defendant is required to appear.
(Source: P.A. 101-652, eff. 1-1-23; 102-813, eff. 5-13-22.)
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(625 ILCS 5/16-104) (from Ch. 95 1/2, par. 16-104)
Sec. 16-104.
Penalties.
Every person convicted of a violation of any
provision of this
Code for which another penalty is not provided shall, for a
first or
second conviction thereof, be guilty of a petty offense and, for
a
third or subsequent conviction within one year after the first
conviction, be guilty of a Class C misdemeanor.
(Source: P.A. 91-357, eff. 7-29-99.)
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(625 ILCS 5/16-104a) (from Ch. 95 1/2, par. 16-104a)
Sec. 16-104a. (Repealed). (Source: P.A. 97-931, eff. 1-1-13. Repealed by P.A. 100-987, eff. 7-1-19.)
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(625 ILCS 5/16-104b)
Sec. 16-104b. (Repealed).
(Source: P.A. 95-331, eff. 8-21-07. Repealed by P.A. 100-987, eff. 7-1-19.)
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(625 ILCS 5/16-104c) Sec. 16-104c. (Repealed).
(Source: P.A. 96-625, eff. 1-1-10. Repealed by P.A. 100-987, eff. 7-1-19.) |
(625 ILCS 5/16-104d) Sec. 16-104d. (Repealed).
(Source: P.A. 99-455, eff. 1-1-16. Repealed by P.A. 100-987, eff. 7-1-19.) |
(625 ILCS 5/16-104d-1) Sec. 16-104d-1. (Repealed).
(Source: P.A. 99-455, eff. 1-1-16. Repealed by P.A. 100-987, eff. 7-1-19.) |
(625 ILCS 5/16-104e) Sec. 16-104e. Minimum penalty for traffic offenses. Unless otherwise disposed of prior to a court appearance in the same matter under Supreme Court Rule 529, a person who, after a court appearance in the same matter, is found guilty of or pleads guilty to, including any person receiving a disposition of court supervision, a violation of this Code or a similar provision of a local ordinance shall pay a fine that may not be waived. Nothing in this Section shall prevent the court from ordering that the fine be paid within a specified period of time or in installments under Section 5-9-1 of the Unified Code of Corrections.
(Source: P.A. 96-1462, eff. 1-1-11.) |
(625 ILCS 5/16-105) (from Ch. 95 1/2, par. 16-105)
Sec. 16-105. Disposition of fines and forfeitures.
(a) Except as provided in Section 15-113 of this Act and except those amounts subject to disbursement by the circuit
clerk under the Criminal and Traffic Assessment Act, fines and penalties
recovered under the provisions of Chapters 3 through 17 and 18b inclusive of this
Code shall be paid and used as follows:
1. For offenses committed upon a highway within the | ||
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2. Except as provided in paragraph 4, for offenses | ||
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3. Notwithstanding subsections 1 and 2 of this | ||
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4. With regard to violations of overweight and | ||
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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. 102-145, eff. 7-23-21; 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
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(625 ILCS 5/16-105.5)
Sec. 16-105.5.
Payment to municipality.
All revenues derived from the
issuance of citations for violations of subsection (f) of Section 3-413 of
this Code or a similar local ordinance that are required to be paid to a
municipality under this Code shall be deposited into the general fund of the
municipality.
(Source: P.A. 90-513, eff. 8-22-97.)
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(625 ILCS 5/16-106) (from Ch. 95 1/2, par. 16-106)
Sec. 16-106.
For offenses committed under the provisions of this Act or the
ordinances of any municipality, park district or county which involve the
regulation of the ownership, use or operation of vehicles, the police
officers and officials of such municipalities and park districts, and
sheriffs shall,
when issuing a traffic ticket, other citation, or Notice to Appear in
lieu of either, in counties other than Cook, also issue written notice
to the accused in substantially the following form:
AVOID MULTIPLE COURT APPEARANCES
If you intend to plead "not guilty" to this charge, or if, in
addition, you intend to demand a trial by jury, so notify the clerk of
the court at least 5 days (excluding Saturdays, Sundays or holidays)
before the day set for your appearance. A new appearance date will be
set, and arrangements will be made to have the arresting officer present
on that new date. Failure to notify the clerk of either your intention
to plead "not guilty" or your intention to demand a jury trial, may
result in your having to return to court, if you plead "not guilty" on
the date originally set for your court appearance. Upon timely receipt
of notice that the accused intends to plead "not guilty", the clerk
shall set a new appearance date not less than 7 days nor more than 49
days after the original appearance date set by the arresting officer,
and notify all parties of the new date and the time for appearance. If
the accused fails to notify the clerk as provided above, the arresting
officer's failure to appear on the date originally set for appearance
may, in counties other than Cook, be considered good cause for a
continuance.
(Source: P.A. 81-781.)
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(625 ILCS 5/16-106.3) Sec. 16-106.3. Erroneous appearance date. In any case alleging a violation of this Code or similar local ordinance which would be chargeable as a misdemeanor, a case shall not be dismissed due to an error by the arresting officer or the clerk of the court, or both, in setting a person's first appearance date, subject to the right of speedy trial provided under Section 103-5 of the Code of Criminal Procedure of 1963.
(Source: P.A. 96-694, eff. 1-1-10.) |
(625 ILCS 5/16-106.5)
Sec. 16-106.5.
Pilot project; notice of violation to owner.
(a) A pilot project is created that shall be in operation from January 1,
2002
through December 31, 2003 in the counties of DuPage, Kendall, and Sangamon.
Under
the pilot project, when a traffic citation is issued for a violation of this
Code to a person who is
under the age of 18 years, who is a resident of the county in which the traffic
citation was issued, and who is not the registered owner of the vehicle named
in the
traffic citation, the circuit clerk of the county in which the traffic citation
was issued
shall, within 10 days after the traffic citation is filed with the circuit
clerk, send notice of
the issuance of the traffic citation to the registered owner of the vehicle.
The notice must
include:
(1) the date and time the violation was alleged to | ||
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(2) the location where the violation was alleged to | ||
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(3) the name of the person cited for committing the | ||
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(4) the violation alleged to have been committed; and
(5) the date and time of any required court | ||
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(b) On or before March 31, 2004, the Department of State Police shall report
to
the General Assembly on the effectiveness of the pilot project.
(Source: P.A. 92-344, eff. 8-10-01.)
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(625 ILCS 5/16-107) (from Ch. 95 1/2, par. 16-107)
Sec. 16-107. Appearance of parent or guardian of minor in certain court
proceedings - Judicial discretion. (a) Whenever an unemancipated minor
is required to appear in court pursuant to a citation for violation of any
Section or any subsection of any Section of this Act specified in subsection
(b) of this Section, the court may require that a parent or guardian of
the minor accompany the minor and appear before the court with the minor,
unless, in the discretion of the court, such appearance would be unreasonably
burdensome under the circumstances.
(b) This Section shall apply whenever an unemancipated minor is charged
with violation of any of the following Sections and subsections of this Act:
1) Sections 3-701, 3-702 and 3-703;
2) Sections 4-102, 4-103, 4-104 and 4-105;
3) Section 6-101, subsections (a), (b) and (c) of | ||
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4) Sections 11-203 and 11-204, subsection (b) of | ||
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(Source: P.A. 95-310, eff. 1-1-08.)
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(625 ILCS 5/16-108)
Sec. 16-108. Claims of diplomatic immunity.
(a) This Section applies only to an individual that displays to a police
officer a
driver's license issued by the U.S. Department of State or that otherwise
claims
immunities or privileges under Title 22, Chapter 6 of the United States Code
with
respect to the individual's violation of Section 9-3 or Section 9-3.2 of the
Criminal Code
of 2012 or his or her violation of a traffic regulation governing the movement
of vehicles
under this Code or a similar provision of a local ordinance.
(b) If a driver subject to this Section is stopped by a police officer that
has
probable cause to believe that the driver has committed a violation described
in
subsection (a) of this Section, the police officer shall:
(1) as soon as practicable contact the U.S. | ||
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(2) record all relevant information from any driver's | ||
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(3) within 5 workdays after the date of the stop, | ||
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(A) a vehicle crash report, if the driver was | ||
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(B) if a citation or charge was issued to the | ||
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(C) if a citation or charge was not issued to the | ||
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(c) Upon receiving material submitted under paragraph (3) of subsection (b)
of
this Section, the Secretary of State shall:
(1) file each vehicle crash report, citation or | ||
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(2) keep convenient records or make suitable | ||
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(A) conviction;
(B) disposition of court supervision for any | ||
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(C) vehicle crash; and
(3) send a copy of each document and record described | ||
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(d) This Section does not prohibit or limit the application of any law to a
criminal
or motor vehicle violation by an individual who has or claims immunities or
privileges
under Title 22, Chapter 6 of the United States Code.
(Source: P.A. 102-982, eff. 7-1-23.)
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(625 ILCS 5/Ch. 16 Art. II heading) ARTICLE II.
PARTIES IN CRIMINAL CASES
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(625 ILCS 5/16-201) (from Ch. 95 1/2, par. 16-201)
Sec. 16-201.
Parties to a crime.
Every person who commits, attempts to commit, conspires to commit, or
aids, or abets in the commission of any act declared to be a crime, whether
individually or in connection with one or more other persons or as
principal, agent or accessory, shall be guilty of such offense, and every
person who falsely, fraudulently, forcibly, or wilfully induces, causes,
coerces, requires, permits, or directs another to violate any provision of
this Act is likewise guilty of such offense.
(Source: P.A. 76-1586.)
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(625 ILCS 5/16-202) (from Ch. 95 1/2, par. 16-202)
Sec. 16-202.
Offenses by persons owning or controlling vehicles.
It is unlawful for the owner, or any other person, employing or
otherwise directing the driver of any vehicle to require or knowingly to
permit the operation of such vehicle upon a highway in any manner contrary
to law.
(Source: P.A. 76-1586.)
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(625 ILCS 5/Ch. 17 heading) CHAPTER 17.
ILLINOIS HIGHWAY SAFETY LAW
|
(625 ILCS 5/17-101) (from Ch. 95 1/2, par. 17-101)
Sec. 17-101.
Powers and duties of governor.
The Governor, in addition to other duties and responsibilities
conferred upon him by the constitution and laws of this State is
empowered to contract and to do all other things necessary in behalf of
this State to secure the full benefits available to this State under the
Federal Highway Safety Act of 1966, as amended, and in so doing, to
cooperate with Federal and State agencies, agencies private and public,
interested organizations, and with individuals, to effectuate the
purposes of that enactment, and any and all subsequent amendments
thereto. The Governor is the official of this State having the ultimate
responsibility for dealing with the Federal Government with respect to
programs and activities pursuant to the National Highway Safety Act of
1966 and any amendments thereto. To that end he shall coordinate the
activities of the Secretary of State and the State Board of Education
and of any and all departments and agencies of this State
and its subdivisions, relating thereto.
(Source: P.A. 81-1508.)
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(625 ILCS 5/Ch. 18a heading) CHAPTER 18a.
ILLINOIS COMMERCIAL RELOCATION
OF TRESPASSING VEHICLES LAW
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(625 ILCS 5/Ch. 18a Art. I heading) ARTICLE I.
DEFINITIONS, POLICY AND JURISDICTION
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(625 ILCS 5/18a-100) (from Ch. 95 1/2, par. 18a-100)
Sec. 18a-100.
Definitions.
As used in this Chapter: (1) "Commercial
vehicle relocator" or "relocator" means any person or entity engaged in the
business of removing trespassing vehicles from private property by means of
towing or otherwise, and thereafter relocating and storing such vehicles;
(2) "Commission" means the Illinois Commerce Commission;
(3) "Operator" means any person who, as an employee of a commercial
vehicle relocator, removes trespassing vehicles from private property by
means of towing or otherwise. This term includes the driver of any
vehicle used in removing a trespassing vehicle from private property, as
well as any person other than the driver who assists in the removal of a
trespassing vehicle from private property;
(4) "Operator's employment permit" means a license issued to an operator
in accordance with Sections 18a-403 or 18a-405 of this Chapter;
(5) "Relocator's license" means a license issued to a commercial vehicle
relocator in accordance with Sections 18a-400 or 18a-401 of this Chapter;
(6) "Dispatcher" means any person who, as an employee or agent of a
commercial vehicle relocator, dispatches vehicles to or from locations from
which operators perform removal activities; and
(7) "Dispatcher's employment permit" means a license issued to a
dispatcher in accordance with Sections 18a-407 or 18a-408 of this Chapter.
(Source: P.A. 85-923.)
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(625 ILCS 5/18a-101) (from Ch. 95 1/2, par. 18a-101)
Sec. 18a-101.
Declaration of policy and delegation of jurisdiction.
It
is hereby declared to be the policy of the State of Illinois to supervise
and regulate the commercial removal of trespassing vehicles from private
property, and the subsequent relocation and storage of such vehicles in
such manner as to fairly distribute rights and responsibilities among vehicle
owners, private property owners and commercial vehicle relocators, and for
this purpose the power and authority to administer and to enforce the provisions
of this Chapter shall be vested in the Illinois Commerce Commission.
(Source: P.A. 80-1459.)
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(625 ILCS 5/18a-102) (from Ch. 95 1/2, par. 18a-102)
Sec. 18a-102.
Local regulation.
Nothing contained in this
Chapter shall be construed to infringe upon the right of
non-home rule units of local government to regulate the
commercial relocation of vehicles in a manner consistent with,
or in addition to, State or federal laws or regulations. Nothing
in this Chapter shall constitute a limitation on the authority of
any home rule unit; however, the provisions of this Chapter shall
remain in full force and effect in home rule units notwithstanding
any applicable ordinances of home rule units.
(Source: P.A. 80-1459.)
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(625 ILCS 5/18a-103) (from Ch. 95 1/2, par. 18a-103)
Sec. 18a-103.
Review.
A person aggrieved by an order of the Commission
under this Chapter is entitled, in addition to any other remedy, to a
review thereof by the Circuit Court in accordance with the Administrative
Review Law, as amended.
(Source: P.A. 82-783.)
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(625 ILCS 5/18a-104) (from Ch. 95 1/2, par. 18a-104)
Sec. 18a-104.
Towing performed pursuant to police order.
Nothing contained
in this Chapter shall be construed to regulate or otherwise affect towing
performed by any relocator pursuant to the order of a law enforcement official
or agency in accordance with Sections 4-201 through 4-214 of the Illinois Vehicle Code.
(Source: P.A. 80-1459.)
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(625 ILCS 5/18a-105) (from Ch. 95 1/2, par. 18a-105)
Sec. 18a-105. Exemptions. This Chapter shall not apply to the
relocation of motorcycles.
Such relocation shall be governed by the provisions of Section 4-203
of this Code.
(Source: P.A. 95-407, eff. 1-1-08; 95-562, eff. 7-1-08.)
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(625 ILCS 5/Ch. 18a Art. II heading) ARTICLE II.
DUTIES AND POWERS
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(625 ILCS 5/18a-200) (from Ch. 95 1/2, par. 18a-200)
Sec. 18a-200. General powers and duties of Commission. The Commission shall:
(1) Regulate commercial vehicle relocators and their employees or agents in
accordance with this Chapter and to that end may establish reasonable
requirements with respect to proper service and practices relating
thereto;
(2) Require the maintenance of uniform systems of accounts, records
and the preservation thereof;
(3) Require that all drivers and other personnel used in relocation be
employees of a licensed relocator;
(4) Regulate equipment leasing to and by relocators;
(5) Adopt reasonable and proper rules covering the exercise of
powers conferred upon it by this Chapter, and reasonable rules governing
investigations, hearings and proceedings under this Chapter;
(6) Set reasonable rates for the commercial towing or removal of trespassing
vehicles from private property. The rates shall not exceed the mean average of
the 5 highest rates for police tows within the territory to which this Chapter
applies that are performed under Sections 4-201 and 4-214 of this Code and that
are of record at hearing; provided that the Commission shall not re-calculate
the maximum specified herein if the order containing the previous calculation
was entered within one calendar year of the date on which the new order is
entered. Set reasonable rates for the storage, for periods in excess of 24
hours, of the vehicles in connection with the towing or removal; however,
no relocator shall impose charges for storage for the first 24 hours
after towing or removal. Set reasonable rates for other services provided
by relocators, provided that the rates shall not be charged to the owner or
operator of a relocated vehicle. Any fee charged by a
relocator for the use of a credit card that is used to pay for any service
rendered by the relocator shall be included in the total amount that shall
not exceed the maximum reasonable rate established by the Commission. The
Commission shall require a relocator to refund any amount charged in excess
of the reasonable rate established by the Commission, including any fee for
the use of a credit card;
(7) Investigate and maintain current files of the criminal records,
if any, of all relocators and their employees and of all applicants for
relocator's license, operator's licenses and dispatcher's licenses. If the
Commission determines that an applicant for a license issued
under this Chapter will be subjected to a criminal history records
check, the 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 the Illinois State Police and Federal Bureau of Investigation criminal history record
information databases now and hereafter filed. The Illinois State Police
shall charge the applicant 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 Illinois State Police shall furnish pursuant to
positive
identification, records of conviction to the Commission;
(8) Issue relocator's licenses, dispatcher's employment permits, and
operator's employment permits in accordance with Article IV of this Chapter;
(9) Establish fitness standards for applicants seeking relocator
licensees and holders of relocator licenses;
(10) Upon verified complaint in writing by any
person, organization or body politic, or upon its own initiative may,
investigate whether any commercial vehicle relocator, operator, dispatcher,
or person otherwise required to comply with any provision of this Chapter
or any rule promulgated hereunder, has failed to comply with any
provision or rule;
(11) Whenever the Commission receives notice from the Secretary of State
that any domestic or foreign corporation regulated under this Chapter has
not paid a franchise tax, license fee or penalty required under the Business
Corporation Act of 1983, institute proceedings
for the revocation of the license or right to engage in any business
required under this Chapter or the suspension thereof until such time as
the delinquent franchise tax, license fee or penalty is paid.
(Source: P.A. 102-538, eff. 8-20-21.)
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(625 ILCS 5/18a-201) (from Ch. 95 1/2, par. 18a-201)
Sec. 18a-201.
Additional officers and employees.
The Commission, for
the purpose of more effectively carrying out the provisions of this Chapter,
shall obtain pursuant to the provisions of the "Personnel Code" such officers
and employees as it may deem necessary to carry out the provisions of this
Chapter or to perform the duties and exercise the powers conferred by law
upon the Commission.
(Source: P.A. 80-1459.)
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(625 ILCS 5/Ch. 18a Art. III heading) ARTICLE III.
REQUIREMENTS AND PROHIBITIONS
|
(625 ILCS 5/18a-300) (from Ch. 95 1/2, par. 18a-300)
Sec. 18a-300. Commercial vehicle relocators - Unlawful practices. It
shall be unlawful for any commercial vehicle relocator:
(1) To operate in any county in which this Chapter is | ||
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(2) To employ as an operator, or otherwise so use the | ||
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(3) To employ as a dispatcher, or otherwise so use | ||
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(4) To operate upon the highways of this State any | ||
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(A) There is painted or firmly affixed to the | ||
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(B) There is carried in the power unit of the | ||
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(5) To operate upon the highways of this State any | ||
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(6) To advertise in any newspaper, book, list, | ||
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(7) To remove any vehicle from private property | ||
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(8) To charge the private property owner, who | ||
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(9) To remove a vehicle when the owner or operator of | ||
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(10) To remove any vehicle from property on which | ||
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(11) To fail to notify law enforcement authorities in | ||
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(12) To impose any charge other than in accordance | ||
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(13) To fail, in the office or location at which | ||
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(13.1) To fail to distribute to each owner or | ||
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(13.2) To fail, in the office or location at which | ||
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(14) To remove any vehicle, otherwise in accordance | ||
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(15) To fail to make a telephone number available to | ||
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Apart from any other penalty or liability authorized | ||
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(16) To use equipment which the relocator does not | ||
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(17) To use drivers or other personnel who are not | ||
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(18) To fail to refund any amount charged in excess | ||
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(19) To violate any other provision of this Chapter, | ||
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(20) To engage in the removal of a commercial motor | ||
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(Source: P.A. 99-438, eff. 1-1-16.)
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(625 ILCS 5/18a-301) (from Ch. 95 1/2, par. 18a-301)
Sec. 18a-301. Commercial vehicle relocators - Security requirements.
Every commercial vehicle relocator shall file with the Commission and have
in effect an indemnity bond or insurance policy or certificates of bonds
or insurance in lieu thereof which shall indemnify or insure the relocator
for its liability: (1) for injury to person, in an amount not less than
$100,000 to any one person and $300,000 for any one crash; (2) in case
of damage to property other than a vehicle being removed, in an amount not
less than $50,000 for any one crash; and (3) in case of damage to any
vehicle relocated or stored by the relocator, in an amount not less than
$15,000 per vehicle. Any such bond or policy shall be issued by a bonding
or insurance firm authorized to do business as such in
the State of Illinois.
All certificates or indemnity bonds or insurance filed with the Commission
must show the coverage effective continuously until cancelled, and the Commission
may require such evidence of continued validity as it deems necessary.
(Source: P.A. 102-982, eff. 7-1-23.)
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(625 ILCS 5/18a-302) (from Ch. 95 1/2, par. 18a-302)
Sec. 18a-302.
Owner or other person in lawful possession or control
of private property - Right to employ relocation service. It shall be
unlawful for an owner or other person in lawful possession or control of
private property to remove or employ a commercial relocator to remove an
unauthorized vehicle from such property unless written notice is
provided to the effect that such vehicles will be removed, including the
name, address and telephone number of the appropriate commercial vehicle
relocator, if any. Such notice shall consist of a sign, posted in a conspicuous
place in the affected area, of a size at least 24 inches in height by 36
inches in width. Such sign shall be at least 4 feet from the ground but
less than 8 feet from the ground and shall be either illuminated or painted
with reflective paint, or both. Such sign shall state the amount of towing
charges to which the person parking may be subject.
This provision shall not be construed as prohibiting any unit
of local government from imposing additional or greater notice
requirements.
No express notice shall be required under this Section upon
residential property which, paying due regard to the circumstances and
the surrounding area, is clearly reserved or intended exclusively for
the use or occupation of residents or their vehicles.
(Source: P.A. 81-332.)
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(625 ILCS 5/18a-303) (from Ch. 95 1/2, par. 18a-303)
Sec. 18a-303.
Civil and Criminal liability.
Nothing in this Chapter shall
be construed to limit or alter the vehicle owner's civil or criminal liability
for trespass. Nothing in this Chapter shall be construed to limit or alter
the civil or criminal liability of any person or entity for any
act or omission. All penalties accruing under this Law shall be cumulative
of each other and a suit for recovery of one penalty shall not bar or affect
the recovery of another penalty.
(Source: P.A. 85-923.)
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(625 ILCS 5/18a-304) (from Ch. 95 1/2, par. 18a-304)
Sec. 18a-304.
Operators - Unlawful Practices.
It shall be unlawful for any operator:
(1) To act as an operator without a valid, current operator's employment permit.
(2) To violate any other provision of this Chapter, or of Commission
regulations or orders adopted under this Chapter.
(Source: P.A. 85-923.)
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(625 ILCS 5/18a-305) (from Ch. 95 1/2, par. 18a-305)
Sec. 18a-305.
Aiding and abetting.
It shall be unlawful for any
person to aid or abet in any violation of this Chapter, or of Commission
regulations or orders adopted under this Chapter.
(Source: P.A. 85-923.)
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(625 ILCS 5/18a-306) (from Ch. 95 1/2, par. 18a-306)
Sec. 18a-306.
Equipment Leasing.
Provisions in Section 18c-4103 of
the Illinois Commercial Transportation Law, as amended, shall likewise
govern equipment leasing by relocators except to the extent as otherwise
provided in this Law.
(Source: P.A. 85-923.)
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(625 ILCS 5/18a-307) (from Ch. 95 1/2, par. 18a-307)
Sec. 18a-307.
Enforcement.
Provisions in Article VII of subchapter 1
of the Illinois Commercial Transportation Law, governing
enforcement of the Illinois Commercial Transportation Law, shall likewise
govern the enforcement of this Chapter.
(Source: P.A. 85-923.)
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(625 ILCS 5/Ch. 18a Art. IV heading) ARTICLE IV.
LICENSES
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(625 ILCS 5/18a-400) (from Ch. 95 1/2, par. 18a-400)
Sec. 18a-400.
Relocator's licenses - Applications, original determinations.
(a) Each application for a license to operate as a commercial vehicle relocator
shall be made in writing to the Commission, shall be verified under oath, shall be in
such form and contain such information as the Commission may by regulation
require, and shall be accompanied by the required application fee and
proof of security.
(b) Upon the filing of such application, the Commission shall, within
a reasonable time, fix a time and place for public hearing thereon. At least
10 days before the hearing, the Commission shall notify the applicant and
all parties of record to such proceeding of the time and place of such
hearing, by mailing a notice thereof to each such party to the address
of such party shown in the records of such proceeding. Any person having
an interest in the subject matter may appear at the hearing in support of
or in objection to the application.
(c) The applicant shall publish a notice on a form prescribed by the Commission
covering the filing of such application at least 10 days prior to the time
of the initial hearing in (i) the official newspaper selected by the Department
of Finance of the State of Illinois pursuant to Section 4 of the Illinois
Purchasing Act, and (ii) a secular newspaper of general
circulation and published in the county in the State of Illinois, wherein
the applicant or applicants propose to maintain their principal office and
place of business within the State of Illinois. The Commission may by regulation
or otherwise order applicants to give such further notice as it deems required.
The Commission may give additional notice of the filing of such application
as it may deem reasonable and proper as prescribed in its rules. The Director
of the Department of Finance of the State of Illinois for the purposes hereof
shall over his or her signature as such Director annually and immediately
upon selecting the official newspaper certify to the Illinois Commerce
Commission
the name and address of said newspaper, together with the date of expiration
of the period of one year for which said newspaper was so selected and the
Commission shall filemark each such certification as of the date it receives
the same and shall keep an official file of said certifications of said
Director conveniently available at its office in Springfield, Illinois;
provided, however, that in any and all events and for all purposes of this
Section and this Chapter, should the aforesaid Director for any reason fail
to make said certification annually, the newspaper set forth in the
certification
aforesaid of said Director filemarked by the Commission as of the most recent
date shall be the official newspaper in which publication is required hereby.
In case publication is required hereby in a newspaper published in a particular
county and no newspaper is so published, then and in that case publication
shall be made in a newspaper published in the closest county thereto which
meets the circulation requirements of this Section.
(d) The Commission shall issue a relocator's license to any qualified
applicant therefor after hearing, pursuant to an application filed, if it
is found that the applicant is fit, willing and able properly to perform
the service proposed and to conform to provisions of this Chapter and the requirements,
rules and regulations of the Commission thereunder; otherwise such application
shall be denied. The order of the Commission granting or denying a relocator's
license shall set forth the specific findings of fact on which such order
is based. Notwithstanding any other provision of this Chapter no such license
shall be issued to any person who has failed to pay any registration fee
or any tax due from such person to the State of Illinois for the privilege
of operating any motor vehicle on the public highways in the State of Illinois.
(e) Operation over the public highways of this State conducted pursuant
to a relocator's license shall be in conformity with all of the laws of
this State pertaining to motor vehicle operation over such public highways.
(f) No relocator's license shall confer
any proprietary or property rights in the use of the public highways.
(Source: P.A. 80-1459.)
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(625 ILCS 5/18a-401) (from Ch. 95 1/2, par. 18a-401)
Sec. 18a-401.
Relocator's licenses - Expiration and renewal.
All relocator's
licenses shall expire 2 years from the date of issuance by the Commission.
The Commission may temporarily extend the duration of a license for the
pendency of a renewal application until formally approved or denied.
Upon filing, no earlier than
90 days nor later than 45 days prior to such expiration,
of written application for renewal, verified under oath, in such form and
containing such information as the Commission shall by regulation require,
and accompanied by the required application fee and proof of security, the
Commission shall, unless it has received information of cause not to do
so, renew the license. If the Commission has information of cause not to
renew such license, it shall so notify the applicant, and shall hold a hearing
as provided for in Section 18a-400. The Commission may at any time during
the term of the license make inquiry into the management, conduct of business,
or otherwise to determine that the provisions of this Chapter 18A and the
regulations of the Commission promulgated thereunder are being observed.
(Source: P.A. 82-616.)
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(625 ILCS 5/18a-402) (from Ch. 95 1/2, par. 18a-402)
Sec. 18a-402.
Relocator's license - Transfer.
A relocator's license is
not transferable.
(Source: P.A. 80-1459.)
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(625 ILCS 5/18a-403) (from Ch. 95 1/2, par. 18a-403)
Sec. 18a-403.
Operator's or dispatcher's employment permits -
Applications, original determinations. (1) Each application for an
operator's or dispatcher's employment permit shall be made in writing to
the Commission, shall be acknowledged before a notary public, shall be in
such form and shall contain such information as the Commission may by
regulation require, and shall be accompanied by the required application
fee and proof, in a form prescribed by the Commission, that the operator
applicant has a valid driver's license issued by the Secretary of State.
(2) Upon the filing of such application, the Commission shall conduct
an investigation of the criminal record, if any, of the applicant. The
Commission shall, within 3 working days, issue to any new
applicant for an employment permit a provisional operator's or
dispatcher's employment permit unless the Commission finds that the
applicant has committed an offense for which the permit could be revoked
under Section 18a-404 of this Chapter.
This provisional employment permit shall be valid for
a period of 1 year unless suspended or revoked by order of the Commission.
At the end of 1 year, the provisional permit shall automatically become
permanent unless the permit was revoked by order of the Commission during
the preceding year. The permanent permit shall remain valid unless
suspended or revoked by order of the Commission under this law.
(3) The permit shall identify the operator or dispatcher by
name and address, and shall identify the relocator by which the operator or
dispatcher will be employed by name, address and relocator's permit
number. The permit shall be valid only when the operator or dispatcher is
employed by the relocator identified thereon.
Operation over the public highways of this State conducted pursuant
to an operator's license issued under the provisions of this Section shall
be in conformity with all the laws of this State pertaining to motor vehicle
operation over such public highways.
(Source: P.A. 85-923.)
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(625 ILCS 5/18a-404) (from Ch. 95 1/2, par. 18a-404)
Sec. 18a-404. Operator's and dispatcher's employment permits -
Revocation. (1) The Commission shall suspend or revoke the permit of
an operator if it finds that:
(a) The operator or dispatcher made a false statement | ||
| ||
(b) The operator's or dispatcher's driver's license | ||
| ||
(c) The operator or dispatcher has been convicted, | ||
| ||
(i) Bodily injury or attempt to inflict bodily | ||
| ||
(ii) Theft of property or attempted theft of | ||
| ||
(iii) Sexual assault or attempted sexual assault | ||
| ||
(d) The operator or dispatcher has, during the | ||
| ||
(2) The Commission, upon notification and verification of any conviction
described in this Section, of any person to whom license has been issued,
occurring within the 5 years prior to such issuance or any time thereafter,
shall immediately suspend the employment permit of such person, and
issue an order setting forth the grounds for revocation. The person and
his employer shall be notified of such suspension. Such person shall not
thereafter be employed by a relocator until a final order is issued by the
Commission either reinstating the employment permit, upon a finding that
the reinstatement of an employment permit to the person constitutes no
threat to the public safety, or revoking the employment permit.
(3) If the employment permit is revoked, the
person shall not thereafter be employed by a relocator until he obtains an
employment permit license under Article IV of this Chapter.
(Source: P.A. 94-895, eff. 1-1-07; 95-331, eff. 8-21-07.)
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(625 ILCS 5/18a-405) (from Ch. 95 1/2, par. 18a-405)
Sec. 18a-405. Operator's employment permits - Expiration and renewal.
All operator's employment permits shall expire 2 years from the date of
issuance by the Commission. The Commission may temporarily extend the
duration of an employment permit for the pendency of a renewal application
until formally approved or denied. Upon filing, no earlier than 90 nor
later than 45 days prior to such expiration, of written application for
renewal, acknowledged before a notary public, in such form and containing
such information as the Commission shall by regulation require, and
accompanied by the required fee and proof of possession of a valid driver's
license issued by the Secretary of State, the Commission shall, unless it
has received information of cause not to do so, renew the applicant's
operator's employment permit. If the Commission does not renew such
employment permit, it shall issue an order setting forth the grounds for
denial. The Commission may at any time during the term of the employment
permit make inquiry into the conduct of the permittee to determine that the
provisions of this Chapter 18A and the regulations of the Commission
promulgated thereunder are being adhered to.
(Source: P.A. 97-813, eff. 7-13-12.)
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(625 ILCS 5/18a-406) (from Ch. 95 1/2, par. 18a-406)
Sec. 18a-406.
Operator's employment permits - Transfer.
An operator's
employment permit is not transferrable to another operator or to another relocator.
(Source: P.A. 85-923.)
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(625 ILCS 5/18a-407) (from Ch. 95 1/2, par. 18a-407)
Sec. 18a-407. Dispatcher's employment permits,
expiration and renewal. All dispatcher's employment permits shall expire
2 years from the date of issuance by the Commission. The Commission may
temporarily extend the duration of an employment permit for the
pendency of a renewal application until formally approved or denied. Upon
filing, no earlier than 90 nor later than 45 days prior to such expiration,
of written application for renewal, acknowledged before a notary public,
in such form and containing such information as the Commission shall by
regulation require, and accompanied by the required fee, the Commission
shall, unless it has received information of cause not to do so, renew the
applicant's dispatcher's employment permit. If the Commission does not
renew such employment permit, it shall issue an order setting forth the
grounds for denial. The Commission may at any time during the term of the
employment permit make inquiry into the conduct of the permittee to
determine that the provisions of this Chapter 18A and the regulations of
the Commission promulgated thereunder are being observed.
(Source: P.A. 97-813, eff. 7-13-12.)
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(625 ILCS 5/18a-408) (from Ch. 95 1/2, par. 18a-408)
Sec. 18a-408.
Dispatcher's employment permit - Transfer.
A dispatcher's
employment permit is not transferable to another dispatcher or to another
relocator.
(Source: P.A. 85-923.)
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(625 ILCS 5/Ch. 18a Art. V heading) ARTICLE V.
RATES AND CHARGES - LIENS
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(625 ILCS 5/18a-500) (from Ch. 95 1/2, par. 18a-500)
Sec. 18a-500.
Posting of rates.
Every commercial vehicle relocator shall
print and keep open
to the public, all authorized rates and charges for towing, otherwise moving,
and storing vehicles in connection with removal of unauthorized vehicles
from private property. Such rates and charges shall
be clearly stated in terms of lawful money of the United States, and shall
be posted in such form and manner, and shall contain such information as
the Commission shall by regulation prescribe.
(Source: P.A. 80-1459.)
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(625 ILCS 5/18a-501) (from Ch. 95 1/2, par. 18a-501)
Sec. 18a-501.
Liens against relocated vehicles.
Unauthorized vehicles
removed and stored by a commercial vehicle relocator in compliance with
this Chapter shall be subject to a possessory lien for services
pursuant to the Labor and Storage Lien (Small Amount) Act, and 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 item (10)
of Section 18a-300. In no event shall such lien be greater than the rate
or rates established in accordance with item (6) of Section 18a-200. 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 Act. Every
such lien shall be payable by use of any major credit card, in addition
to being payable in cash. Upon receipt of a properly signed credit card
receipt, a relocator shall become a holder in due course, and neither the
holder of the credit card nor the company which issued the credit card may
thereafter refuse to remit payment in the amount shown on the credit card
receipt minus the ordinary charge assessed by the credit card company for
processing the charge. The Commission may adopt regulations governing
acceptance of credit cards by a relocator.
(Source: P.A. 91-357, eff. 7-29-99.)
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(625 ILCS 5/Ch. 18a Art. VI heading) ARTICLE VI.
FEES
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(625 ILCS 5/18a-600) (from Ch. 95 1/2, par. 18a-600)
Sec. 18a-600.
Relocator's license.
Each application for a license to
operate as a commercial vehicle relocator, or for a renewal of such
license, shall be accompanied by a filing fee in the amount provided or
prescribed by the Commission.
(Source: P.A. 85-923.)
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(625 ILCS 5/18a-601) (from Ch. 95 1/2, par. 18a-601)
Sec. 18a-601.
Operator's or dispatcher's employment permit.
Each
application for dispatcher's or an operator's employment permit shall be
accompanied by a filing fee in the amount provided or prescribed by the
Commission. Each application for renewal of an operator's or dispatcher's
employment permit shall be accompanied by a filing fee in the amount
provided herein or prescribed by the Commission.
(Source: P.A. 85-1209.)
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(625 ILCS 5/18a-602) (from Ch. 95 1/2, par. 18a-602)
Sec. 18a-602.
Establishment and Adjustment of Fees.
(1) General Provisions. The Commission may exercise any and all powers
with respect to establishment and adjustment of fees with respect to
commercial vehicle relocators which it may exercise with respect to motor
carriers under subsections (2), (3) and (4) of Section 18c-1501
of the Illinois Commercial Transportation Law.
(2) Initial fees. The Commission shall set initial fees by rulemaking
in accordance with Section 5-50 of the Illinois Administrative
Procedure Act. Initial fees shall be set and take effect within 60 days after
December 1, 1987. Such fees shall remain in effect until adjusted by the
Commission in accordance with subsection (1) of this Section.
(Source: P.A. 88-45.)
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(625 ILCS 5/18a-603) (from Ch. 95 1/2, par. 18a-603)
Sec. 18a-603.
Disposition of funds.
All fees and fines collected
by the Commission under this Chapter shall be paid into the Transportation
Regulatory Fund in the State Treasury. The money in that fund shall be
used to defray the expenses of the administration of this Chapter and for
the purposes specified in Section 18c-1601 of this Code.
(Source: P.A. 85-923.)
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(625 ILCS 5/Ch. 18a Art. VII heading) ARTICLE VII.
COUNTIES COVERED
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(625 ILCS 5/18a-700) (from Ch. 95 1/2, par. 18a-700)
Sec. 18a-700.
Counties covered.
(a) The provisions of this Chapter
apply to all the activities of relocators and operators in any counties
of 1,000,000 or more and in any county of less than 1,000,000 which adopts
regulation under this Chapter as provided in this Section.
(b) Any operation of a relocator or operator involving the removal or
storage of a given vehicle which takes place in any part in a regulated
county shall subject all the activities of the relocator and operator
involving that vehicle to regulation under this Chapter, except operations
which take place entirely within the territory of a city, village or
incorporated town excluded from this Chapter under paragraph (d).
(c) Any county of under 1,000,000 may elect to be covered under this
Chapter by the adoption of a resolution by the County Board, approved by a
majority of its members, providing that the county shall be subject to this
Chapter. The county clerk shall certify to the Commission that the County
Board has adopted the resolution. The Commission shall certify to such
County Board an effective date for the applicability of this Chapter in
such county. Such effective date shall be no earlier than 30 days from
certification to the County Board nor later than 6 months from such
certification or the beginning of the next fiscal year, whichever is last.
(d) Cities, villages and incorporated towns in counties to which the
provisions of this Chapter apply may, by resolution adopted by a majority
of the members of the corporate authorities and filed with the County Clerk
of such county and with the Illinois Commerce Commission, choose to be
excluded from the provisions of this Chapter. Upon the filing of such
resolution, the provisions of this Chapter shall not be applicable to
operations of relocators or operators which take place entirely within the
territory of such city, village or incorporated town.
(Source: P.A. 86-492.)
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(625 ILCS 5/Ch. 18B heading) CHAPTER 18B.
MOTOR CARRIER SAFETY REGULATIONS
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(625 ILCS 5/Ch. 18B Art. I heading) ARTICLE I.
FEDERAL MOTOR CARRIER SAFETY REGULATIONS
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(625 ILCS 5/18b-100) (from Ch. 95 1/2, par. 18b-100)
Sec. 18b-100.
Short Title.
This Chapter shall be known and may be
cited as "The Illinois Motor Carrier Safety Law".
(Source: P.A. 86-611.)
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(625 ILCS 5/18b-101) (from Ch. 95 1/2, par. 18b-101)
Sec. 18b-101. Definitions. Unless the context otherwise clearly
requires, as used in this Chapter: "Agricultural commodities" means any agricultural commodity, non-processed food, feed, fiber, or livestock, including insects. "Agricultural operations" means the operation of a motor vehicle or combination of vehicles transporting agricultural commodities or farm supplies for agricultural purposes.
"Air mile" means a nautical mile, which is equivalent to 6,076 feet or 1,852 meters. Accordingly, 100 air miles are equivalent to 115.08 statute miles or 185.2 kilometers.
"Commercial motor vehicle" means any self propelled or towed
vehicle used on public highways in interstate and intrastate commerce to
transport passengers or property when the vehicle has a gross vehicle
weight, a gross vehicle
weight rating, a gross combination weight, or a gross combination
weight rating of 10,001 or more pounds;
or the vehicle is used or designed to transport more than 15 passengers, including
the driver; or the vehicle is designed to carry 15 or fewer passengers and is
operated by a contract carrier transporting employees in the course of their
employment
on a highway of this State; or the vehicle is used or designed to transport between 9 and 15 passengers, including the driver, for direct compensation; or the vehicle is used in the
transportation of hazardous
materials in a quantity requiring placarding under the Illinois Hazardous
Materials Transportation Act. This definition shall not include farm
machinery, fertilizer spreaders, and other special agricultural movement
equipment described in Section 3-809 nor implements of husbandry as defined
in Section 1-130.
"Covered farm vehicle", for purposes of this Chapter and rule-making under this Chapter, means a straight truck or articulated vehicle, excluding vehicles transporting hazardous materials of a type or quantity that requires the vehicle to be placarded in accordance with the Illinois Hazardous Materials Transportation Act, registered in this State or another state and equipped with a special license plate or other designation by the state in which the vehicle is registered identifying the vehicle as a covered farm vehicle for law enforcement personnel and: (1) is operated by a farm or ranch owner or operator, | ||
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(2) is being used to transport the following to or | ||
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(A) agricultural commodities; (B) livestock; or (C) machinery or supplies; and (3) if registered in this State, is: (A) registered as a farm truck under subsection | ||
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(B) operated in combination as an articulated | ||
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(C) a truck registered for 12,000 lbs. or less as | ||
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(4) is not used in for-hire motor carrier operations; | ||
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(5) has a gross vehicle weight rating (GVWR), a gross | ||
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(A) 26,001 lbs. or less, for vehicles operating | ||
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(B) greater than 26,001 lbs., operating in | ||
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(C) greater than 26,001 lbs. and traveling | ||
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(D) greater than 10,000 lbs. and traveling | ||
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"Direct compensation" means payment made to the motor carrier by the passengers or a person acting on behalf of the passengers for the transportation services provided, and not included in a total package charge or other assessment for highway transportation services. "Farm supplies for agricultural purposes" means products directly related to the growing or harvesting of agricultural commodities and livestock feed at any time of the year. "Livestock" means cattle, sheep, goats, swine, poultry (including egg-producing poultry), fish used for food, and other animals designated by the Secretary of the United States Department of Transportation (at his or her sole discretion) that are part of a foundation herd (including producing dairy cattle) or offspring.
"Officer" means Illinois State Police Officer.
"Person" means any natural person or individual, governmental body,
firm, association, partnership, copartnership, joint venture, company,
corporation, joint stock company, trust, estate or any other legal entity
or their legal representative, agent or assigns.
(Source: P.A. 97-795, eff. 1-1-13; 98-882, eff. 8-13-14.)
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(625 ILCS 5/18b-102) (from Ch. 95 1/2, par. 18b-102)
Sec. 18b-102.
Authority of Department.
To the extent necessary to
administer this Chapter, the Department is authorized to:
(a) Adopt by reference all or any portion of the Federal Motor Carrier
Safety Regulations of the United States Department of Transportation, as
they are now or hereafter amended.
(b) Conduct investigations; make reports; issue subpoenas; conduct
hearings; require the production of relevant documents, records and
property; take depositions; and, in conjunction with the Illinois State Police,
conduct directly or indirectly research, development, demonstrations and
training activities.
(c) Authorize any officer or Department employee
to enter upon, inspect and examine at reasonable times and in a
reasonable manner, the records and properties of persons to the extent such
records and properties relate to the transportation by motor vehicle of
persons or property.
(d) Conduct a continuing review of all aspects of the transportation of
persons and property by motor vehicle in order to determine and recommend
appropriate steps to assure safe transportation by motor vehicle in Illinois.
(e) Administer and enforce the provisions of this Chapter and any rules
and regulations issued under this Chapter. Only the
Illinois State Police shall be authorized to stop and inspect any
commercial motor vehicle or driver at any time for the purpose of
determining compliance with the provisions of this Chapter or rules and
regulations issued under this Chapter.
(Source: P.A. 90-89, eff. 1-1-98.)
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(625 ILCS 5/18b-103) (from Ch. 95 1/2, par. 18b-103)
Sec. 18b-103.
Compliance with this Chapter.
Transportation by motor
vehicle of persons or property in commerce that is not in compliance with
this Chapter or any rules and regulations issued under this Act is prohibited.
(Source: P.A. 86-611.)
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(625 ILCS 5/18b-103.1) (from Ch. 95 1/2, par. 18b-103.1)
Sec. 18b-103.1.
Obedience to Police Officer.
(a) No person shall willfully fail or refuse to comply with any lawful
order or direction of any officer authorized by law to enforce this Chapter
and to perform vehicle and driver motor carrier safety inspections under
this Chapter. Lawful orders or directions shall include providing
documentation and answering questions necessary to determine compliance
with the provisions of this Chapter. The driver or owner shall assist the
officer, as needed, during the course of any such inspection.
(b) Any person who violates this Section shall be guilty of a Class C
misdemeanor offense.
(Source: P.A. 87-768; 88-476.)
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(625 ILCS 5/18b-104) (from Ch. 95 1/2, par. 18b-104)
Sec. 18b-104.
Cooperation with State Agencies - Records and Data -
Availability. The Department shall cooperate with other State agencies
regulating transportation by motor vehicles and may enter into interagency
agreements for the purpose of sharing data. The Department shall enter
into an interagency agreement with the Illinois State Police for the
purpose of enforcing any provisions of this Chapter and the rules and
regulations issued under this Chapter.
(Source: P.A. 86-611.)
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(625 ILCS 5/18b-105) (from Ch. 95 1/2, par. 18b-105)
Sec. 18b-105. Rules and regulations.
(a) The Department is authorized to make and adopt reasonable rules and
regulations and orders consistent with law necessary to carry out the
provisions of this Chapter.
(b) The following parts of Title 49 of the Code of Federal Regulations,
as now in effect, are hereby adopted by reference as though they were set
out in full:
Part 40 - Procedures For Transportation Workplace Drug and Alcohol Testing Programs; Part 380 - Special Training Requirements; Part 382 - Controlled Substances and Alcohol Use and Testing;
Part 383 - Commercial Driver's License Standards, Requirements, and
Penalties;
Part 385 - Safety Fitness Procedures;
Part 386 Appendix B - Penalty Schedule; Violations and Maximum Monetary Penalties; Part 387 - Minimum Levels of Financial Responsibility for Motor Carriers;
Part 390 - Federal Motor Carrier Safety Regulations: General;
Part 391 - Qualifications of Drivers;
Part 392 - Driving of Motor Vehicles;
Part 393 - Parts and Accessories Necessary for Safe Operation;
Part 395 - Hours of Service of Drivers, except as provided in
Section 18b-106.1;
Part 396 - Inspection, Repair and Maintenance; and Part 397 - Transportation of hazardous materials; Driving and Parking Rules.
(b-5) Individuals who meet the requirements set forth in the definition
of "medical examiner" in Section 390.5 of Part 390 of Title 49 of the Code
of Federal Regulations may act as medical examiners in accordance with
Part 391 of Title 49 of the Code of Federal Regulations.
(c) The following parts and Sections of the Federal Motor Carrier Safety
Regulations shall not apply to those intrastate carriers, drivers or
vehicles subject to subsection (b).
(1) Section 393.93 of Part 393 for those vehicles | ||
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(2) Section 393.86 of Part 393 for those vehicles | ||
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(3) (Blank).
(4) (Blank).
(5) Paragraph (b)(1) of Section 391.11 of Part 391.
(6) All of Part 395 for all agricultural operations | ||
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(7) Paragraphs (b)(3) (insulin dependent diabetic) | ||
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(d) Intrastate carriers subject to the recording provisions of Section
395.8 of Part 395 of the Federal Motor Carrier Safety Regulations shall be
exempt as established under paragraph (1) of Section 395.8; provided,
however, for the purpose of this Code, drivers shall operate within a 150
air-mile radius of the normal work reporting location to qualify for exempt
status.
(e) Regulations adopted by the Department subsequent to those adopted
under subsection (b) hereof shall be identical in substance to the Federal
Motor Carrier Safety Regulations of the United States Department of
Transportation and adopted in accordance with the procedures for rulemaking
in Section 5-35 of the Illinois Administrative Procedure Act.
(Source: P.A. eff. 1-1-02; eff. 1-1-02; 102-982, eff. 7-1-23.)
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(625 ILCS 5/18b-106) (from Ch. 95 1/2, par. 18b-106)
Sec. 18b-106.
Application of Chapter and Regulations.
Except as
expressly specified within this Chapter, this Chapter and the rules and
regulations issued under this Chapter shall be applicable to all persons
employing drivers, drivers and commercial motor vehicles which transport
property or passengers in interstate or intrastate commerce.
(Source: P.A. 86-611; 87-829.)
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(625 ILCS 5/18b-106.1)
Sec. 18b-106.1.
Hours of service of drivers employed by contract carriers
transporting employees in the course of their employment. A contract carrier
shall
limit the hours of service by a driver transporting employees in the course of
their employment on a
road or highway of this State in a vehicle designed to carry 15 or fewer
passengers to 12 hours of vehicle operation per day, 15 hours of on-duty
service per day, and 70 hours of on-duty service in 7 consecutive days. The
contract carrier shall
require a driver who has 12 hours of vehicle operation per day or 15 hours of
on-duty service per day to have at least 8 consecutive hours off duty before
operating a vehicle again.
(Source: P.A. 92-108, eff. 1-1-02.)
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(625 ILCS 5/18b-106.2) Sec. 18b-106.2. Hours of service; utility service interruption emergencies. (a) As used in this Section: "Commercial driver's license" has the meaning set forth in Section 1-111.6 of this Code. "Commercial motor vehicle" has the meaning set forth in Section 18b-101 of this Code. "Utility service interruption emergency" means an outage or interruption of utility service in Illinois occasioned by a set of circumstances included in the definition of "emergency" set forth at 49 CFR 390.5. "Utility service" means the repairing, maintaining, or operating of any structures or any other physical facilities necessary for the delivery of utility services, including the furnishing of electric, gas, water, sanitary sewer, telephone, and television cable or community antenna service. "Utility service vehicle" has the meaning set forth in 49 CFR 395.2. (b) Upon receipt of notification of a utility service interruption emergency by a utility service provider, the Illinois Department of Transportation shall declare that an emergency exists pursuant to 49 CFR 390.23. Should an audit by the Illinois Department of Transportation establish that there has been an abuse of the notification procedure by a utility service provider, the Illinois Department of Transportation may refuse to grant emergency declarations to that utility service provider in the future without further confirmation of the existence of a utility service interruption emergency. (c) A utility service interruption emergency continues until: (1) the necessary maintenance or repair work is | ||
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(2) personnel used to perform necessary maintenance | ||
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(d) An individual is exempt from any regulation of the maximum hours of service that an employee may work under 49 CFR 395 if he or she: (1) is the holder of a commercial driver's license; (2) is: (A) an employee; (B) an employee of a contractor; or (C) an employee of a subcontractor; of a utility service provider in an employment capacity | ||
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(3) operates a commercial motor vehicle as a utility | ||
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(e) The exemption from maximum hours of service regulations provided under subsection (d) shall not exceed the duration of the utility service provider's or driver's direct assistance in providing utility service interruption emergency relief, or 5 days from the date of the initial declaration, whichever is less. (f) Nothing in this amendatory Act of the 94th General Assembly shall be construed to contravene any federal law or to jeopardize State of Illinois entitlement to federal funding. If any provision of this amendatory Act of the 94th General Assembly or its application is found to jeopardize federal funding, that provision is declared invalid but does not affect any other provision or application. The provisions of this amendatory Act of the 94th General Assembly are declared to be severable.
(Source: P.A. 94-1, eff. 5-23-05.) |
(625 ILCS 5/18b-107) (from Ch. 95 1/2, par. 18b-107)
Sec. 18b-107. Violations - Civil penalties. Except as provided in Section 18b-108, any person who is determined
by the Department after reasonable notice and opportunity for a fair and
impartial hearing to have committed an act in violation of this Chapter
or any rule or regulation issued under this Chapter is liable to the State
for a civil penalty. Such person is subject to a civil penalty as prescribed by Appendix B to 49 CFR Part 386 -- Penalty Schedule; Violations and Maximum Monetary Penalties, except that a person committing a
railroad-highway
grade crossing violation is subject to a civil penalty of not more than
$10,000, and, if any such violation is a continuing one,
each day of violation constitutes a separate offense. The amount of any
such penalty shall be assessed by the Department by a written notice. In
determining the amount of such penalty, the Department shall take into
account the nature, circumstances, extent and gravity of the violation and,
with respect to a person found to have committed such violation, the degree
of culpability, history or prior offenses, ability to pay, effect on
ability to continue to do business and such other matters as justice
may require.
Such civil penalty is recoverable in an action brought by the State's
Attorney or the Attorney General on behalf of the State in the circuit
court or, prior to referral to the State's Attorney or the Attorney
General, such civil penalty may be compromised by the Department. The
amount of such penalty when finally determined (or agreed upon in
compromise), may be deducted from any sums owed by the State to the person
charged. All civil penalties collected under this subsection shall be
deposited in the Road Fund.
(Source: P.A. 94-519, eff. 8-10-05.)
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(625 ILCS 5/18b-108) (from Ch. 95 1/2, par. 18b-108)
Sec. 18b-108. Violations; criminal penalties.
(a) The provisions of Chapter 16 shall be applicable to acts committed
by a driver of a motor vehicle that violate this Chapter or any rule or
regulation issued under this Chapter.
(b) Except as provided in subsection (d), any driver who willfully violates any provision of this Chapter or
any rule or regulation issued under this Chapter is guilty of a Class 4
felony. In addition to any other penalties prescribed by law, the maximum
fine for each offense is $10,000.
Such violation shall be prosecuted by the State's Attorney or the Attorney
General.
(c) Except as provided in subsection (d), any person, other than a driver, who willfully
violates or causes another to violate any provision of this Chapter or any
rule or regulation issued
under this Chapter is guilty of a Class 3 felony. In addition to any other
penalties prescribed by law, the maximum fine for each offense is $25,000.
Such violation shall be prosecuted
at the request of the Department
by the State's Attorney or the Attorney General. (d) Any driver who willfully violates Parts 392, 395, Sections 391.11, 391.15, 391.41, or 391.45 of Part 391, or any other Part of Title 49 of the Code of Federal Regulations, as adopted by reference in Section 18b-105 of this Code, which would place the driver or vehicle out of service, when the violation results in a motor vehicle crash that causes great bodily harm, permanent disability or disfigurement, or death to another person, is guilty of a Class 3 felony. Any person other than the driver who willfully violates Parts 392, 395, Sections 391.11, 391.15, 391.41, or 391.45 of Part 391 or any other Part of Title 49 of the Code of Federal Regulations, as adopted by reference in Section 18b-105 of this Code, which would place the driver or vehicle out of service, when the violation results in a motor vehicle crash that causes great bodily harm, permanent disability or disfigurement, or death to another person, is guilty of a Class 2 felony.
(Source: P.A. 102-982, eff. 7-1-23.)
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(625 ILCS 5/18b-109) (from Ch. 95 1/2, par. 18b-109)
Sec. 18b-109.
Enforcement of Rules and Regulations.
Only the Illinois
State Police shall enforce the rules and regulations issued under this
Chapter against drivers. The Department and the Illinois State Police
shall enforce the rules and regulations issued under this Chapter against
persons other than drivers.
(Source: P.A. 86-611.)
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(625 ILCS 5/18b-110) (from Ch. 95 1/2, par. 18b-110)
Sec. 18b-110.
Conflict With Other Laws.
This Chapter is not intended
to affect any State law or ordinance of a local authority now in effect or
intrude upon the duties and responsibilities of any State or local officer
with respect to matters related to the subject to this Chapter, but in the
case of any conflict with other State laws or ordinance of local
authorities relating to the transportation of persons or property by
highway, the provisions of this Chapter shall control.
(Source: P.A. 86-611.)
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(625 ILCS 5/18b-111) (from Ch. 95 1/2, par. 18b-111)
Sec. 18b-111.
Review Under Administrative Review Law.
All
administrative decisions of the Department under this Chapter shall be
subject to judicial review under the Administrative Review Law, as now or
hereafter amended.
(Source: P.A. 90-89, eff. 1-1-98.)
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(625 ILCS 5/18b-112)
Sec. 18b-112. Intermodal trailer, chassis, and safety.
(a) Definitions. For purposes of this Section:
"Equipment interchange agreement" means a
written document executed by the intermodal
equipment provider and operator at the time the
equipment is interchanged by the provider to the
operator.
"Equipment provider" is the owner of an intermodal trailer, chassis, or
container.
This includes any forwarding company, water carrier, steamship line, railroad,
vehicle
equipment leasing company, and their subsidiary or affiliated companies owning
the
equipment.
"Federal motor carrier safety regulations"
means regulations promulgated by the United
States Department of Transportation governing
the condition and maintenance of commercial
motor vehicles contained in Title 49 of the
United States Code of Federal Regulations on the
day of enactment of this Act or as amended or
revised by the United States Department of
Transportation thereafter.
"Interchange" means the act of providing a
vehicle to a motor carrier by an equipment
provider for the purpose of transporting the
vehicle for loading or unloading by another party
or the repositioning of the vehicle for the benefit
of the equipment provider. "Interchange" does
not include the leasing of the vehicle by a motor
carrier from an owner-operator pursuant to
subpart B of Part 376 of Title 49 of the Code of
Federal Regulations or the leasing of a vehicle to
a motor carrier for use in the motor carrier's over-the-road freight hauling
operations.
"Operator" means a motor carrier or driver of
a commercial motor vehicle.
"Vehicle" means an intermodal trailer,
chassis, or container.
(b) Responsibility of equipment
provider. An equipment provider shall not
interchange or offer for interchange a vehicle
with an operator for use on a highway which
vehicle is in violation of the requirements
contained in the federal motor carrier safety
regulations. It is the responsibility of the
equipment provider to inspect and, if a vehicle at
the time of inspection does not comply with all
federal motor carrier safety regulation
requirements, perform the necessary repairs on,
all vehicles prior to interchange or offering for
interchange.
(c) Duty of inspection by the
operator. Before interchanging a vehicle with an
operator, an equipment provider must provide the
operator the opportunity and facilities to perform
a visual inspection of the equipment. The operator must determine
if it complies with the provisions of the federal
motor carrier safety regulation capable of being
determined from an inspection. If the operator
determines that the vehicle does not comply with
the provisions of the federal motor carrier safety
regulations, the equipment provider shall
immediately perform the necessary repairs to the
vehicle so that it complies with the federal motor
carrier safety regulations or shall immediately
provide the operator with another vehicle.
(d) Presumption of defect prior to
interchange.
(1) If as a result of a roadside inspection by the | ||
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(2) A rebuttable presumption exists that the | ||
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(A) There is a defect with the brake drum
when:
(I) the drum cracks;
(II) the lining is
loose or missing; or
(III) the lining is saturated with oil.
(B) There is a defect of inoperative
brakes when:
(I) there is no movement of any
components;
(II) there are missing, broken, or loose | ||
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(III) there are mismatched components.
(C) There is a defect with the air lines and | ||
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(I) there is a bulge and swelling;
(II) there is an audible air leak; or
(III) there are air lines broken, cracked, or | ||
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(D) There is a defect with the reservoir tank | ||
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(E) There is a defect with the frames
when:
(I) there is any cracked, loose, sagging, or | ||
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(II) there is any condition which causes | ||
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(F) There is an electrical defect when wires are | ||
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(G) There is a defect with the wheel assembly | ||
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(I) there is low or no oil;
(II) there is oil leakage on brake | ||
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(III) there are lug nuts that are loose or | ||
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(IV) the wheel bearings are not properly | ||
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(H) There is a defect with the tires when:
(I) there is improper inflation;
(II) there is tire separation from the | ||
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(III) there are exposed plys or belting | ||
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(I) There is defect with rim cracks when:
(I) there is any circumferential crack, | ||
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(II) there is a lock or side ring cracked, | ||
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(J) There is a defect with the suspension
when:
(I) there are spring assembly leaves broken, | ||
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(II) there are spring hanger, u-bolts, or | ||
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(K) There is a defect with the chassis locking | ||
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(3) If an operator receives a citation for a | ||
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(A) fines and costs, including court costs and | ||
| ||
(B) costs incurred by the operator to repair the | ||
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The equipment provider shall reimburse the operator | ||
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(e) Fines and penalties. Any person
violating the provisions of this Section shall be fined
no less than $50 and no more than $500 for each
violation.
(f) Obligation of motor carrier.
Nothing in this Section is intended to eliminate the
responsibility and obligation of a motor carrier and operator to
maintain and operate vehicles in accordance with
the federal motor carrier safety regulations and
applicable State and local laws and regulations.
(g) This Section shall not be applied, construed, or implemented in any
manner inconsistent with, or in conflict with, any provision of the federal
motor carrier safety regulations.
(Source: P.A. 102-538, eff. 8-20-21.)
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(625 ILCS 5/Ch. 18C heading) CHAPTER 18C.
ILLINOIS COMMERCIAL TRANSPORTATION LAW
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(625 ILCS 5/Ch. 18C Sub-ch. 1 heading) SUB-CHAPTER 1.
GENERAL PROVISIONS
|
(625 ILCS 5/Ch 18C Sub 1 Art I heading) ARTICLE I.
SHORT TITLE, LEGISLATIVE INTENT, STATE
TRANSPORTATION POLICY, AND DEFINITIONS
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(625 ILCS 5/18c-1101) (from Ch. 95 1/2, par. 18c-1101)
Sec. 18c-1101.
Short Title.
This Chapter shall be known and may be cited
as the "Illinois
Commercial Transportation Law".
(Source: P.A. 84-796.)
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(625 ILCS 5/18c-1102) (from Ch. 95 1/2, par. 18c-1102)
Sec. 18c-1102.
Legislative Intent.
The General Assembly finds that:
(a) a comprehensive recodification of existing | ||
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(b) the accelerating pace of change in the | ||
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(c) an increasing incidence of unlawful activity by | ||
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Where the language of any provision in this Chapter is substantially
similar to the language in the predecessor statute, the legislative intent
expressed in this Chapter shall be the same as the legislative intent
embodied in the predecessor statute as construed by the courts of this
State and, where appropriate, reports of the Illinois Motor Vehicle Laws
Commission.
(Source: P.A. 91-357, eff. 7-29-99.)
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(625 ILCS 5/18c-1103) (from Ch. 95 1/2, par. 18c-1103)
Sec. 18c-1103.
State Transportation Policy.
It is hereby declared to be
the policy of the State of Illinois
to actively supervise and regulate commercial transportation of
persons and property within this state. This policy shall be
carried out in such manner as to: (a) promote adequate,
economical, efficient and responsive commercial transportation service,
with adequate revenues to carriers and reasonable rates to the
public, and without discrimination; (b) recognize and preserve
the inherent advantages of, and foster sound economic conditions
in, the several modes of commercial transportation in the public
interest; (c) develop and preserve a commercial transportation
system properly supportive of the broad economic development
goals of the State of Illinois; (d) create economic and
employment opportunities in commercial transportation and affected
industries through economic growth and development; (e) encourage
fair wages and safe and suitable working conditions in the
transportation industry; (f) protect the public safety through
administration of a program of safety standards and insurance; (g)
insure a stable and well-coordinated transportation system for
shippers, carriers and the public; and (h) cooperate with the
federal government, the several states, and with the
organizations representing states and commercial transportation service
providers and consumers.
(Source: P.A. 84-796.)
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(625 ILCS 5/18c-1104) (from Ch. 95 1/2, par. 18c-1104)
Sec. 18c-1104.
Definitions.
The following terms, when used in this
Chapter, have the hereinafter designated meanings unless their context
clearly indicates otherwise:
(1) "Broker" means any person other than a motor carrier of
property, that arranges, offers to arrange, or holds
itself out, by solicitation, advertisement, or
otherwise, as arranging or offering to arrange for-hire
transportation of property or other service in
connection therewith by a motor carrier of property
which holds or is required to hold a license issued by the Commission.
(2) "Carrier" means any motor carrier or rail carrier other than a private
carrier.
(3) "Certificate" means a certificate of public convenience
and necessity issued under this Chapter to common carriers
of household goods.
(4) "Commission" means the Illinois Commerce Commission.
(5) "Commission regulations and orders" means rules and
regulations adopted and orders or decisions issued by the Commission
pursuant to this Chapter; any certificate, permit,
broker's license or other license or registration issued
pursuant to such rules, regulations, orders and decisions; and all
terms, conditions, or limitations thereof.
(6) (Blank).
(7) (Blank).
(8) (Blank).
(9) "Discrimination" means undue discrimination in the
context of the particular mode of transportation involved.
(10) "Farm crossing" means a crossing used for agricultural and livestock
purposes only.
(11) "For-hire" means for compensation or hire, regardless of
the form of compensation and whether compensation is direct or indirect.
(12) "Freight forwarder" means any person other than a motor
carrier, rail carrier, or common carrier by pipeline
which holds itself out as a common carrier to provide
transportation of property, for compensation or hire,
which, in the rendition of its services:
(a) Undertakes responsibility for the consolidation | ||
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(b) Utilizes, for the transportation of such | ||
| ||
(13) "Hazardous material" means any substance or material in
a quantity and form determined by the federal Office of
Hazardous Materials and the Federal Railroad
Administration to be capable of posing an unreasonable
risk to health, safety, or property when transported in commerce.
(13.1) "Household goods" means:
(A) Personal effects and property used or to be used | ||
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(B) Furniture, fixtures, equipment, and the property | ||
| ||
(C) Articles, including, but not limited to, objects | ||
| ||
(13.2) "Household goods carrier" means a motor carrier of property
authorized to transport household goods.
(13.3) "Household goods common carrier" means any household goods carrier
engaged in transportation for the general public over regular or irregular
routes. Household goods common carriers may also be referred to as "common
carriers of household goods".
(13.4) "Household goods contract carrier"
means any household goods carrier engaged in transportation under contract with
a limited number of shippers (that shall not be freight forwarders, shippers'
agents or brokers) that either (a) assigns motor vehicles for a continuing
period of time to the exclusive use of the shipper or shippers served, or (b)
furnishes transportation service designed to meet the distinct need of the
shipper or shippers served. Household goods contract carriers may also be
referred to as "contract carriers of household goods".
(14) "Interstate carrier" means any person engaged in the
for-hire transportation of persons or property in
interstate or foreign commerce in this State, whether or
not such transportation is pursuant to authority issued
to it by the Interstate Commerce Commission.
(15) "Intrastate carrier" means any person engaged in the
for-hire transportation of persons or property in
intrastate commerce in this State.
(16) "Interstate commerce" means commerce between a point in
the State of Illinois and a point outside the State of
Illinois, or between points outside the State of
Illinois when such commerce moves through Illinois, or
between points in Illinois moving through another state
in a bona fide operation that is either exempt from
federal regulation or moves under a certificate or permit issued by
the Interstate Commerce Commission authorizing interstate transportation,
whether such commerce moves wholly by motor vehicle or
partly by motor vehicle and partly by any other
regulated means of transportation where the commodity
does not come to rest or change its identity during the
movement, and includes commerce originating or
terminating in a foreign country moving through the State of Illinois.
(17) "Intrastate commerce" means commerce moving wholly
between points within the State of Illinois, whether
such commerce moves wholly by one transportation mode or partly by
one mode and partly by any other mode of transportation.
(18) "License" means any certificate, permit, broker's
license, or other license issued under this Chapter. For purposes of Article
III of Sub-chapter 4 of this Chapter, "license" does not include a "public
carrier certificate".
(19) "Motor carrier" means any person engaged in the
transportation of property or passengers, or both, for
hire, over the public roads of this State, by motor
vehicle. Motor carriers engaged in the transportation
of property are referred to as "motor carriers of
property"; motor carriers engaged in the transportation
of passengers are referred to as "motor carriers of
passengers" or "bus companies".
(20) "Motor vehicle" means any vehicle, truck, trucktractor,
trailer or semitrailer propelled or drawn by mechanical
power and used upon the highways of the State in the
transportation of property or passengers.
(21) "Non-relocation towing" means the:
(a) For-hire transportation of vehicles by use of | ||
| ||
(b) For-hire towing of wheeled property other than | ||
| ||
(22) "Notice" means with regard to all proceedings except enforcement
proceedings instituted on the motion of the Commission, and except for
interstate motor carrier registrations, public notice by publication in the
official state newspaper, unless otherwise provided in this Chapter.
(23) "Official state newspaper" means the newspaper
designated and certified to the Commission annually by
the Director of Central Management Services of the State
of Illinois, or, if said Director fails to certify to
the Commission the name and address of the official
newspaper selected by the Director prior to expiration
of the previous certification, the newspaper designated
in the most recent certification.
(24) "Party" means any person admitted as a party to a
Commission proceeding or seeking and entitled as a
matter of right to admission as a party to a Commission proceeding.
(25) "Permit" means a permit issued under this Chapter to
contract carriers of property by motor vehicle.
(26) "Person" means any natural person or legal entity,
whether such entity is a proprietorship, partnership,
corporation, association, or other entity, and, where a
provision concerns the acts or omissions of a person,
includes the partners, officers, employees, and agents
of the person, as well as any trustees, assignees,
receivers, or personal representatives of the person.
(27) "Private carrier by motor vehicle" means any person
engaged in the transportation of property or passengers
by motor vehicle other than for hire, whether the person
is the owner, lessee or bailee of the lading or
otherwise, when the transportation is for the purpose of sale, lease, or
bailment and in furtherance of the person's primary business, other than
transportation. "Private carriers by motor vehicle" may be
referred to as "private carriers". Ownership, lease or
bailment of the lading is not sufficient proof of a
private carrier operation if the carrier is, in fact,
engaged in the transportation of property for-hire.
(27.1) "Public carrier" means a motor carrier of property, other than a
household goods carrier.
(27.2) "Public carrier certificate" means a certificate issued to a motor
carrier to transport property, other than household goods, in intrastate
commerce. The issuance of a public carrier certificate shall not be subject to
the provisions of Article I of Sub-chapter 2 of this Chapter.
(28) "Public convenience and necessity" shall be construed to have the same
meaning under this Chapter as it was construed by the courts to have under the
Illinois Motor Carrier of Property Law, with respect to motor carriers of
property, and the Public Utilities Act with respect to motor
carriers of passengers and rail carriers.
(29) "Public interest" shall be construed to have the same
meaning under this Chapter as it was construed by the courts
to have under the Illinois Motor Carrier of Property Law.
(30) "Rail carrier" means any person engaged in the
transportation of property or passengers for hire by
railroad, together with all employees or agents of such
person or entity, and all property used, controlled, or
owned by such person or entity.
(31) "Railroad" means track and associated structures,
including bridges, tunnels, switches, spurs, terminals
and other facilities, and equipment, including engines,
freight cars, passenger cars, cabooses, and other
equipment, used in the transportation of property or
passengers by rail.
(32) "Rail yard" means a system of parallel tracks, cross-overs and
switches where cars are switched and made up into trains, and where cars,
locomotives, and other rolling stock are kept when not in use or awaiting
repairs. A "rail yard" may also be referred to as a "yard".
(33) "Rate" means every individual or joint rate, fare, toll,
or charge of any carrier or carriers, any provisions relating to
application thereof, and any tariff or schedule
containing rates and provisions. The term "tariff"
refers to a publication or document containing motor
common carrier rates and provisions
or rates and provisions applicable
via rail carrier under contracts established pursuant to
49 U.S. Code 10713. The term "schedule" refers to a
publication or document containing motor contract
carrier rates and provisions.
(34) "Registration" means a registration issued to an
interstate carrier.
(35) "Shipper" means the consignor or consignee.
(36) "Terminal area" means, in addition to the area within the corporate
boundary of an incorporated city, village, municipality,
or community center, the area (whether incorporated
or unincorporated) within 10 air miles of the
corporate limits of the base city, village, municipality, or
community center, including all of any city,
village or municipality which lies within such area.
(37) "Transfer" means the sale, lease, consolidation, merger, acquisition
or change of control, or other transfer of a license, in whole or in part.
(38) "Transportation" means the actual movement of property or passengers
by motor vehicle (without regard to ownership of vehicles or equipment used
in providing transportation service) or rail together with loading,
unloading, and any other accessorial or ancillary service provided by the
carrier in connection with movement by motor vehicle or rail,
which is performed by or on behalf of the carriers, its employees or agents,
or under the authority or direction of the carrier or under the apparent
authority or direction and with the knowledge of the carrier. Transportation
of property by motor vehicle includes driveaway or towaway delivery service.
(39) "Towing" means the pushing, towing, or drawing of wheeled
property by means of a crane, hoist, towbar, towline, or auxiliary axle.
(40) "Wrecker or towing equipment" means tow trucks or auxiliary axles,
when used in relation to towing accidentally wrecked or disabled vehicles; and
roll-back carriers or trailers, when used in relation to transporting
accidentally wrecked or disabled vehicles. Wrecker or towing equipment does
not include car carriers or trailers other than roll-back car carriers or
trailers.
(Source: P.A. 89-42, eff. 1-1-96; 89-444, eff. 1-25-96; 90-14, eff.
7-1-97.)
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(625 ILCS 5/Ch 18C Sub 1 Art II heading) ARTICLE II.
JURISDICTION AND POWER
OF THE COMMISSION
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(625 ILCS 5/18c-1201) (from Ch. 95 1/2, par. 18c-1201)
Sec. 18c-1201.
Jurisdiction.
The jurisdiction of the Commission under
this Chapter shall extend to
for-hire transportation by motor carrier and rail carrier, the activities of
brokers, and to
other activities specifically enumerated herein, within the State
of Illinois, and except as otherwise provided elsewhere in this Chapter
shall extend only to intrastate commerce.
(Source: P.A. 89-42, eff. 1-1-96.)
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(625 ILCS 5/18c-1202) (from Ch. 95 1/2, par. 18c-1202)
Sec. 18c-1202.
Enumeration of Powers.
The Commission shall have the power
to:
(1) Administer and enforce provisions of this Chapter;
(2) Regulate the entry, exit, and services of carriers; as to public
carriers, this power is limited to matters relating to insurance and safety
standards;
(3) Regulate rates and practices of household goods carriers, rail
carriers, passenger carriers, and common carriers by pipeline;
(4) Establish and maintain systems of accounting as well as
reporting and record-keeping requirements for household goods carriers,
rail carriers, passenger carriers, and common carriers by pipeline;
(5) Establish and maintain systems for the classification of
carriers, commodities and services;
(6) Regulate practices, terms and conditions relating to the
leasing of equipment and to the interchange of equipment
among carriers; as to public carriers, this power is limited to matters
relating to insurance and safety standards;
(7) Protect the public safety through insurance and safety
standards;
(8) Regulate brokers in accordance with provisions of this Chapter;
(9) Adopt appropriate regulations setting forth the
standards and procedures by which it will administer and
enforce this Chapter, with such regulations being uniform
for all modes of transportation or different for the
different modes as will, in the opinion of the
Commission, best effectuate the purposes of this Chapter;
(10) Conduct hearings and investigations, on its own motion
or the motion of a person;
(11) Adjudicate disputes, hear complaints or other petitions
for relief, and settle such matters by stipulation or
agreement;
(12) Create special procedures for the receipt and handling
of consumer complaints;
(13) Issue certificates describing the extent to which a
person is exempt under the provisions of this Chapter;
(14) Construe this Chapter, Commission regulations and orders,
except that the rule of ejusdem generis shall not be applicable in the
construction or interpretation of any license, certificate or permit
originally issued under the Illinois Motor Carrier of Property Law and now
governed by subchapter 4 of this Chapter or issued
under subchapter 4 of this Chapter prior to July 1, 1989;
(15) Employ such persons as are needed to administer and
enforce this Chapter, in such capacities as they are needed,
whether as hearings examiners, special examiners,
enforcement officers, investigators, or otherwise;
(16) Create advisory committees made up of representatives of
the various transportation modes, shippers, receivers,
or other members of the public;
(17) Initiate and participate in proceedings in the federal or State
courts, and in proceedings before federal or other State agencies, to the
extent necessary to effectuate the purposes of this Chapter, provided that
participation in specific proceedings is directed, in writing, by the
Commission;
(18) Direct any telecommunications carrier to disconnect the telephone
number published in any commercial listing of any household goods carrier that
does not have a valid license issued by the Commission.
(Source: P.A. 89-444, eff. 1-25-96.)
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(625 ILCS 5/18c-1203) (from Ch. 95 1/2, par. 18c-1203)
Sec. 18c-1203.
Initial Decisions.
(1) Delegation of Authority.
(a) General Delegation. The power to make an initial | ||
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(b) Delegation to Examiners. The power to make | ||
| ||
(2) Form of Decisions. Decisions under this Section shall be by letter
notice or directive, signed by the person authorized to make the initial
decision. Such notice or directive shall be effective and enforceable in
the same manner as an order of the Commission.
(3) Appeal of Initial Decisions. All initial decisions rendered under
this Section may be appealed to the Commission. Appeal of interlocutory
decisions by an examiner in a case assigned for hearing shall be in
accordance with the Commission's Rules of Practice. Appeal of other initial
decisions shall be by motion for reconsideration in accordance with Section
18c-2110 of this Chapter.
(4) Enforcement. An initial decision which has not been administratively
appealed or the administrative appeal of which has been denied shall be
effective and
enforceable in the same manner as an order of the Commission.
(Source: P.A. 89-444, eff. 1-25-96.)
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(625 ILCS 5/18c-1204) (from Ch. 95 1/2, par. 18c-1204)
Sec. 18c-1204.
Transportation Division.
(1) Establishment. There shall be established within the staff of the
Commission a Transportation Division in which primary staff responsibility for
the administration and enforcement of this Chapter and Chapter 18a shall be
vested. The Transportation Division shall be headed by a division manager
responsible to the executive director.
(2) Structure. The Transportation Division shall consist of 4 programs
and 2 offices. The 4 programs shall be Compliance, Review and Examination,
Docketing and Processing, and Rail Safety. Each program shall be headed by
a program director and responsible to the division manager, except that in
the Compliance Program the 3 staff supervisors shall each be responsible to
the division manager. The 2 offices shall be the Office of Transportation
Counsel and the Office of the Division Manager. The Office of
Transportation Counsel shall be headed by a Chief Counsel responsible to
the Division Manager. The Division Manager shall coordinate the activities
and responsibilities of the Office of Transportation Counsel with the
executive director and the personal assistant serving as staff counsel to
the executive director in the office of the executive director, and with
the Commission.
(a) The Compliance Program.
(i) The Compliance Program shall consist of a | ||
| ||
(ii) The police staff shall be divided into | ||
| ||
(b) The Review and Examination Program.
(i) Staff responsibility for review of all | ||
| ||
(ii) Hearing examiners in the program shall have | ||
| ||
(c) The Processing and Docketing Program. All staff | ||
| ||
(d) The Rail Safety Program. Staff responsibility for | ||
| ||
(e) The Office of Transportation Counsel.
(i) All Commission staff responsibility for | ||
| ||
(ii) The Office of Transportation Counsel shall, | ||
| ||
(f) Levels of Administration. No additional levels | ||
| ||
(3) Additional Functions. Staff functions relating to rulemaking,
policy recommendations and advisory committees under this Chapter and
Chapter 18a shall be vested in the Transportation Division.
The staff shall prepare and distribute to the General Assembly, in
April of each year, a report on railway accidents in Illinois which involve
hazardous materials. The report shall include the location, substance
involved, amounts involved, and the suspected reason for each accident. The
report shall also reveal the rail line and point of origin of the hazardous
material involved in each accident.
(Source: P.A. 88-415.)
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(625 ILCS 5/18c-1204a) (from Ch. 95 1/2, par. 18c-1204a)
Sec. 18c-1204a.
Docketing Procedures.
(1) Mandatory Docketing
Requirement. All pleadings filed with the Commission under this Chapter
and Chapter 18a shall be docketed in a timely manner.
(2) Staff Objections. If staff believes a pleading filed with the
Commission under this Chapter and Chapter 18a to be defective in any respect, it may file
its objection with the Commission in writing, provided a copy of the
objection is simultaneously served on the person who filed the
pleading and 15 days are allowed for the filing of a reply. The Commission
may, if it finds that the pleading is defective, either dismiss the
proceeding or permit amendment of the pleading, provided that intervenors
are permitted adequate time after amendment to prepare for continuation of
the proceeding.
(Source: P.A. 85-553.)
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(625 ILCS 5/18c-1204b) (from Ch. 95 1/2, par. 18c-1204b)
Sec. 18c-1204b.
Certification of Records.
Copies of all official documents and orders filed or deposited according to
the law in the office of the Commission under this Chapter or Chapter 18a,
certified by the director of the processing and docketing program to be
true copies of the originals, under the official seal of the Commission,
shall be evidence in like manner as the originals.
(Source: P.A. 85-553.)
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(625 ILCS 5/18c-1204c) (from Ch. 95 1/2, par. 18c-1204c)
Sec. 18c-1204c.
Independent Review of Decisions on Administrative
Appeal. (1) Requirement of Independent Review. Except as otherwise
provided in subsection (3) of this Section:
(a) Review of Staff Decisions. No decision made by other than the
Commission shall be reviewed on administrative appeal by the person or
board which made the decision, unless the appeal requests review by the
person or board which made the decision.
(b) Review of Commission or Employee Board Decisions. No decision made
by the Commission
or an employee board shall be reviewed on administrative appeal by the
person or board which made the formal recommendation pursuant to which the
decision was made, unless the appeal requests review by the person or board
which made the formal recommendation.
(2) Independent Review Board. (a) Establishment of an Independent
Review Board. The Commission shall establish an Independent Review Board
which shall review motions for rehearing and reconsideration which do not
request review by the person or board which made the decision or the formal
recommendation pursuant to which the decision was made.
(b) Composition of the Independent Review Board. The Board shall
consist of 3 members appointed by the Commission, one of whom shall be
designated as the chairman. The Commission shall appoint the members from
Commission staff whose expenses may be allocated to the Transportation
Regulatory Fund under Section 18c-1603. If the
Transportation Division is not represented on the Board by a voting member,
the Commission shall appoint a
nonvoting member from the Transportation Division.
(c) Functions of the Independent Review Board. The Board shall review
all motions presented to it under this Section. The Board may, in its
discretion, review the record of the proceeding and hear oral argument by
the parties. The Board shall recommend a decision by the Commission. If a
Board member dissents from the recommendation, any dissenting opinion
supplied by the member shall be attached.
(3) Applicability of Section. The provisions of this Section shall
not apply to any matter arising under Subchapter 7 of this Chapter.
(Source: P.A. 86-1005.)
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(625 ILCS 5/18c-1204d) (from Ch. 95 1/2, par. 18c-1204d)
Sec. 18c-1204d.
Staff participation.
(1) General Provisions. Except
as otherwise provided in this Section, Commission staff participation in
the administration or enforcement of this Law in a supervisory, advisory,
or other capacity shall be limited to personnel whose expenses are, in
whole or in part, allocable to the Transportation Regulatory Fund.
(2) Exceptions. The provisions of subsection (1) of this Section shall not apply to:
(a) Staff of the office of chairman and commissioners serving as
personal assistants or clerical support to the members;
(b) Members of the Independent Review Board serving on the effective
date of this amendatory Act of 1989, while serving in their current capacities; or
(c) Commission staff other than the staff of the office of chairman and
commissioners participating in proceedings involving subchapters 5, 6, 7 or
8 of this Chapter.
(Source: P.A. 86-1005.)
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(625 ILCS 5/18c-1204e) (from Ch. 95 1/2, par. 18c-1204e)
Sec. 18c-1204e.
Communications with the Office of Chairman and
Commissioners. (1) The chairman, members and executive director shall
jointly adopt and adhere to written procedures concerning communication
with staff of the Transportation Division to insure that:
(a) Communications from the members or staff of the office of chairman
and commissioners which do not require substantial work from staff shall be
transmitted to the manager of the Transportation Division; and
(b) Communications from the members or staff of the office of chairman
and commissioners which do require substantial work from staff shall be
transmitted to the executive director.
(2) The executive director shall establish written procedures, which
staff other than staff of the office of chairman and commissioners shall
adhere to, in regard to communications of such staff to the chairman,
members or staff of the office of chairman and commissioners.
(Source: P.A. 86-1005.)
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(625 ILCS 5/18c-1205) (from Ch. 95 1/2, par. 18c-1205)
Sec. 18c-1205.
Qualifications of Transportation Compliance Program Staff.
(1) General provisions. The manager of the Transportation Division shall
establish and adhere to written professional standards and procedures for
the employment, education and training, performance and dismissal of all
nonclerical compliance program personnel. Such standards and procedures
shall include:
(a) Merit standards and procedures, and education | ||
| ||
(b) Successful completion of an accredited accounting | ||
| ||
(c) Successful completion of an accredited legal or | ||
| ||
(2) Merit Selection Committee. Standards and procedures under this
Section for police shall include the establishment of one or more merit
selection committees, each composed of one Commission employee and no fewer
than 3, nor more than 5, persons who are not employed by the Commission, each
of whom shall from time to time be designated by the division manager,
subject to the approval of the Commission. The division manager shall
submit a list of candidates to the committee or subcommittee thereof for
its consideration. The committee or subcommittee thereof shall interview
each candidate on the list and rate those interviewed as "most qualified",
"qualified", or "not qualified". The committee shall recommend candidates
rated "most qualified" and "qualified" to the division manager. In filling
positions to which this Section applies, the division manager shall first
offer the position to persons rated "most qualified". If all persons rated
"most qualified" have been offered the position and each failed to accept
the offer within the time specified by the division manager in the offer,
the position may be offered to a person rated "qualified". Only persons
rated "most qualified" or "qualified" shall be offered positions within the
Compliance Program.
(3) The Commission shall authorize to each employee of the Commission
exercising the powers of a peace officer a distinct badge that, on its face,
(i) clearly states the badge is authorized by the Commission and (ii) contains
a
unique identifying number. No other badge shall be authorized by the
Commission.
(Source: P.A. 91-357, eff. 7-29-99; 91-883, eff. 1-1-01.)
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(625 ILCS 5/Ch 18C Sub 1 Art III heading) ARTICLE III.
EMPLOYEE BOARDS
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(625 ILCS 5/18c-1301) (from Ch. 95 1/2, par. 18c-1301)
Sec. 18c-1301.
Employee Boards Generally.
The Commission may, except as
expressly provided in this Section,
delegate one or more of its functions under this Chapter to
Transportation Employee Boards. The Commission shall reserve to itself
the function of making transportation policy. The Board shall be
subject, in its deliberations, to all restraints which would
govern the Commission if such functions had not been delegated to
a Board, and to such other restraints as the Commission may by
regulation prescribe. All decisions delegated to an Employee
Board shall be appealable to the Commission.
(Source: P.A. 84-796.)
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(625 ILCS 5/18c-1302) (from Ch. 95 1/2, par. 18c-1302)
Sec. 18c-1302.
Members of Employee Boards.
(1) Appointment
of Members. Each board shall have 3 members. Members of
employee boards established under provisions of this Article
shall be appointed by the Commission. When any member is
unable to act upon any matter before a Board because of
absence, conflict, or other cause, and a qualified alternate
appointed by the Commission is available, such alternate
shall be called upon to serve on the Board. If no qualified
alternate is available, the Chairman of the Commission may
designate another qualified employee to serve temporarily
until a member appointed by the Commission is available to serve.
(2) Qualification of Members.
The Commission or its Chairman may, subject to limitations
set forth in this Section, appoint any manager, section
chief, examiner, attorney, or other qualified professional
employee to serve on an Employee Board, either as a regular
member or as an alternate member. No Employee Board member
shall participate in any decision in which such person has a
pecuniary or other direct interest. No 3 sitting
members of an Employee Board shall be employed in the same
division of the Commission.
(Source: P.A. 86-86-1166.)
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(625 ILCS 5/18c-1303) (from Ch. 95 1/2, par. 18c-1303)
Sec. 18c-1303.
Conduct of Employee Board Proceedings.
A majority of an Employee Board shall constitute a quorum for the
transaction of business. Decisions on matters before an Employee
Board shall be by majority vote of members present. Any party
may appear before an Employee Board and be heard, in person or by
representative, to the extent such party would be permitted to
appear and be heard before the Commission itself. Each meeting
of an Employee Board shall be a public meeting. Every vote and
official act of an Employee Board shall be entered of record, and
such records shall be made public on request.
(Source: P.A. 84-796.)
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(625 ILCS 5/18c-1304) (from Ch. 95 1/2, par. 18c-1304)
Sec. 18c-1304. Orders of Employee Boards. Employee Board orders shall be served, in writing, on all parties
to the proceeding in which the order is entered. Such orders
shall contain, in addition to the decision of the Board, a
statement of findings, conclusions, or other reasons therefor.
Employee Board decisions and orders shall have the same force and
effect, and may be made, issued, and evidenced in the same
manner, as if the decision had been made and the order issued by the
Commission itself. The filing of a timely motion for
reconsideration shall, unless otherwise provided by the Commission, stay
the effect of an Employee Board order pending reconsideration.
(Source: P.A. 101-81, eff. 7-12-19.)
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(625 ILCS 5/Ch 18C Sub 1 Art IV heading) ARTICLE IV.
MODIFICATION OF STANDARDS
AND PROCEDURES
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(625 ILCS 5/18c-1401) (from Ch. 95 1/2, par. 18c-1401)
Sec. 18c-1401.
Modification of Standards and Procedures in
Response to Preemptive Federal Legislation.
The Commission may, except with regard to licensing and
ratemaking standards for motor carriers of property or passengers, conform its
standards and procedures to the standards and procedures in a
valid, preemptive federal statute where the provisions of this Chapter are
in conflict with and would otherwise be preempted by such
statute, any other provision of this Chapter notwithstanding.
(Source: P.A. 84-796.)
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(625 ILCS 5/18c-1402) (from Ch. 95 1/2, par. 18c-1402)
Sec. 18c-1402.
Interim Rulemaking.
The Commission may, by publishing interim rules in the official
state newspaper and simultaneously initiating rulemaking
proceedings in accordance with the Administrative Procedure Act:
(1) Modify its standards and procedures in accordance with
Section 18c-1401 of this Chapter; or
(2) Modify its procedures in accordance with this Chapter in response
to other circumstances impacting on the jurisdiction of the
Commission in the field of transportation which are not of
the Commission's own making but which necessitate adoption or
amendment of regulations prior to the completion of normal
rulemaking proceedings pursuant to the Illinois
Administrative Procedure Act. Nothing in this subsection shall be
construed to permit modification of licensing or ratemaking
standards for motor carriers of property or passengers.
Such interim rules shall remain in effect only until regulations
are adopted in accordance with the Administrative Procedure Act.
(Source: P.A. 84-796.)
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(625 ILCS 5/Ch 18C Sub 1 Art V heading) ARTICLE V.
FEES AND TAXES
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(625 ILCS 5/18c-1501) (from Ch. 95 1/2, par. 18c-1501)
Sec. 18c-1501.
Franchise, Franchise Renewal, Filing and Other
Fees for Motor Carriers of Property.
(1) Franchise, Franchise Renewal, Filing, and Other Fee
Levels in Effect Absent Commission Regulations Prescribing Different Fee
Levels.
The levels of franchise, franchise renewal, filing, and other
fees for motor carriers of property in effect, absent Commission
regulations prescribing different fee levels, shall be:
(a) Franchise and franchise renewal fees: $19 for | ||
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(b) Filing fees: $100 for each application seeking a | ||
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(2) Adjustment of Fee
Levels.
The Commission may, by rulemaking in accordance with
provisions of The Illinois Administrative Procedure Act,
adjust franchise, franchise renewal, filing, and other fees
for motor carriers of property by increasing or decreasing
them from levels in effect absent Commission regulations prescribing
different fee levels. Franchise
and franchise renewal fees prescribed by the
Commission for motor carriers of property shall not exceed:
(a) $50 for each motor vehicle operated by a | ||
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(a-5) $15 for each motor vehicle operated by a public | ||
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(b) $7 for each motor vehicle operated by a motor | ||
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(3) Late-Filing Fees.
(a) Commission to Prescribe Late-Filing Fees. The | ||
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(b) Late-filing Fees to Accrue Automatically. | ||
| ||
(c) Maximum Fees. Late-filing fees prescribed by the | ||
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(d) Effect of Failure to Make Timely Filings and Pay | ||
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(4) Payment of Fees.
(a) Franchise and Franchise Renewal Fees. Franchise | ||
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(b) Filing and Other Fees. Filing and other fees | ||
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(5) When Fees Returnable.
(a) Whenever an application to the Illinois Commerce | ||
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(b) The Illinois Commerce Commission may reduce by | ||
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(c) Any check altered pursuant to above shall be | ||
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(d) All applications to the Illinois Commerce | ||
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(Source: P.A. 93-32, eff. 7-1-03.)
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(625 ILCS 5/18c-1502) (from Ch. 95 1/2, par. 18c-1502)
Sec. 18c-1502.
Gross Receipts Taxes For Motor Carriers of
Passengers and Rail Carriers.
Each motor carrier of passengers and rail carrier shall pay to the Commission,
in accordance with
Sections 2-202, 3-120 and 3-121 of "The Public Utilities Act", as
amended, a gross receipts tax in the amount provided herein.
The amount of the tax for motor carriers of passengers shall be prescribed by
the Commission by rulemaking in
accordance with provisions of The Illinois Administrative Procedure Act,
and shall not exceed 0.1% of the carrier's gross Illinois intrastate
revenues for each calendar year.
The amount of the tax for rail carriers shall be 0.15% of the
carrier's
gross Illinois intrastate revenues for each calendar year.
(Source: P.A. 89-42, eff. 1-1-96; 89-699, eff. 1-16-97.)
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(625 ILCS 5/18c-1502.05)
Sec. 18c-1502.05.
Route Mileage Fee for Rail Carriers.
Beginning with
calendar year 2004, every rail carrier shall pay to the Commission
for each
calendar year a route mileage fee of $45 for each route mile of
railroad right
of way owned by the rail carrier in Illinois. The fee shall be based on the
number of route miles as of January 1 of the year for which the fee is due, and
the payment of the route mileage fee shall be due by February 1 of each
calendar year.
(Source: P.A. 93-32, eff. 7-1-03.)
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(625 ILCS 5/18c-1502.10)
Sec. 18c-1502.10.
Railroad-Highway Grade Crossing and Grade Separation
Fee. Beginning with calendar year 2004, every rail carrier shall
pay to the Commission for each calendar year a fee of $28 for each
location at
which the rail carrier's track crosses a public road, highway, or street,
whether the crossing be at grade, by overhead structure, or by subway. The fee
shall be based on the number of the crossings as of January 1 of each calendar
year, and the fee shall be due by February 1 of each calendar year.
(Source: P.A. 93-32, eff. 7-1-03.)
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(625 ILCS 5/18c-1503) (from Ch. 95 1/2, par. 18c-1503)
Sec. 18c-1503. Legislative Intent. It is the intent of the Legislature that the exercise of powers
under Sections 18c-1501 and 18c-1502 of this Chapter shall not
diminish revenues to the Commission, and that any surplus or
deficit of revenues in the Transportation Regulatory Fund,
together with any projected changes in the cost of administering
and enforcing this Chapter, should be considered in establishing or
adjusting fees and taxes in succeeding years. The Commission
shall administer fees and taxes under this Chapter in such a manner
as to insure that any surplus generated or accumulated in the
Transportation Regulatory Fund does not exceed 50% of the previous fiscal year's appropriation and
shall adjust the level of such fees and taxes to insure
compliance with this provision.
(Source: P.A. 95-1027, eff. 6-1-09.)
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(625 ILCS 5/18c-1504) (from Ch. 95 1/2, par. 18c-1504)
Sec. 18c-1504.
Reciprocity.
The Commission may enter into agreements
with agencies in other
jurisdictions for the reciprocal waiver of motor carrier fees or taxes
administered by the Commission, and may revoke such agreements
where another jurisdiction does not extend reciprocal treatment
to carriers based in the State of Illinois. The Commission may,
in addition, and notwithstanding any other provision of this Chapter,
prescribe fees for carriers based in jurisdictions other than the
State of Illinois equal to fees charged to Illinois carriers by
such other jurisdictions.
(Source: P.A. 84-796.)
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(625 ILCS 5/18c-1505) (from Ch. 95 1/2, par. 18c-1505)
Sec. 18c-1505.
Proration of Fees.
The Commission may prorate fees and levies provided in this Chapter
throughout the calendar year.
(Source: P.A. 84-796.)
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(625 ILCS 5/Ch 18C Sub 1 Art VI heading) ARTICLE VI.
TRANSPORTATION REGULATORY FUND
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(625 ILCS 5/18c-1601) (from Ch. 95 1/2, par. 18c-1601)
Sec. 18c-1601.
Deposit of Monies into the Transportation Regulatory
Fund.
(1) Deposit of Fees, Taxes, and Monies Other Than Criminal Fines.
All fees, penalties (other than criminal penalties) or monies
collected in settlement of enforcement proceedings, taxes,
and other monies collected under this Chapter or which are transferred,
appropriated or reimbursed to the Commission for the purpose of
administering and enforcing this Chapter, shall be promptly
paid into a special fund in the State treasury known as the Transportation
Regulatory Fund.
(2) Accounting for Monies Received. The Commission shall account
separately for the receipt of monies from the following classes:
(a) motor carriers of property (other than carriers | ||
| ||
(b) rail carriers; and
(c) other monies.
The Commission may account separately with regard
to groups of persons within the foregoing classes.
(3) Deposit of criminal fines. Criminal fines collected under this
Chapter from motor carriers of property or persons or entities found to
have aided or abetted motor carriers of property or passengers in violation
of this Chapter shall be disposed of in accordance with Section 16-105 of
this Code. Other criminal fines collected under this Chapter shall be
deposited into the Transportation Regulatory Fund in accordance with
subsection (1) of this Section.
(4) (Blank).
(Source: P.A. 90-372, eff. 7-1-98.)
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(625 ILCS 5/18c-1602) (from Ch. 95 1/2, par. 18c-1602)
Sec. 18c-1602.
Appropriations from the Transportation Regulatory Fund.
(1) Appropriation of Monies. Appropriations from the Transportation
Regulatory Fund shall be separately identified both in the Commission's
appropriations request and the Act by which appropriations from the Fund are made.
(2) Authorization of Staff Positions. Authorized staff positions to be
funded with monies appropriated from the Transportation Regulatory Fund
shall be separately identified in the Commission's appropriations request.
(3) Appropriations and Authorizations Not Transferable. Appropriations
from the Transportation Regulatory Fund shall be used only for the
administration and enforcement of this Chapter and Chapter 18a. Such
appropriations and authorized headcount may be transferred within the
Transportation Regulatory Fund, but may not be transferred to any other fund.
(Source: P.A. 85-553.)
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(625 ILCS 5/18c-1603) (from Ch. 95 1/2, par. 18c-1603)
Sec. 18c-1603. Expenditures from the Transportation Regulatory Fund. (1) Authorization of Expenditures from the Fund. Monies deposited in the
Transportation Regulatory Fund shall be expended only for the
administration and enforcement of this Chapter and Chapter 18a. Moneys in the Fund may also be used to administer the Personal Property Storage Act.
(2) Allocation of Expenses to the Fund. (a) Expenses Allocated Entirely to the Transportation | ||
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(i) Incurred by and for staff employed within the | ||
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(ii) Incurred exclusively in the administration | ||
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(iii) Authorized by the Transportation Division | ||
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(b) Expenses Partially Allocated to the | ||
| ||
(i) The Executive Director, his deputies and | ||
| ||
(ii) The legislative liaison activities of the | ||
| ||
(iii) The activities of the Bureau of Planning | ||
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(iv) The payroll expenses of Commissioners' | ||
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(v) The internal auditor;
(vi) The in-state travel expenses of the | ||
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(vii) The Public Affairs Group, its constituent | ||
| ||
(c) Allocation Methodology for Expenses Other Than | ||
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(d) (Blank).
(e) Allocation methodology for Commissioners' | ||
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(f) Expenses not allocable to the Transportation | ||
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(i) Commissioners' travel, except as otherwise | ||
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(ii) Commissioners' assistants except as | ||
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(iii) The Policy Analysis and Research Division, | ||
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(iv) The Chief Clerk's office, its constituent | ||
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(v) The Hearing Examiners Division, its | ||
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(vi) (Blank);
(vii) The Office of General Counsel, its | ||
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(viii) Any other expenses or portion thereof not | ||
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The constituent elements of the foregoing shall, for | ||
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(3) (Blank).
(4) (Blank).
(Source: P.A. 96-515, eff. 1-1-10.)
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(625 ILCS 5/18c-1604) (from Ch. 95 1/2, par. 18c-1604)
Sec. 18c-1604. Annual Report of Expenditures. The Commission shall,
within 60 calendar days after the end of the lapse period for each fiscal year, submit to the
Governor and the General Assembly a report of the following for such fiscal
year:
(1) All monies deposited in the Transportation | ||
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(2) All expenditures from the Transportation | ||
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(3) A listing and description by function of all | ||
| ||
(4) The methods used to allocate expenses between the | ||
| ||
(Source: P.A. 94-839, eff. 6-6-06.)
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(625 ILCS 5/Ch 18C Sub 1 Art VII heading) ARTICLE VII.
VIOLATIONS OF THE LAW
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(625 ILCS 5/18c-1701) (from Ch. 95 1/2, par. 18c-1701)
Sec. 18c-1701.
Violations Defined.
Each person who fails to comply, in whole or in part, with any
provision of this Chapter, Commission regulations or orders shall
have committed a violation of this Chapter. Likewise, any person who
aids or abets another in such failure to comply shall have
committed a violation of this Chapter.
The agent of a carrier shall not be found to have aided or abetted in
violation of this Chapter where the act of the agent was required by this
Chapter, Commission regulations or orders.
The act or omission of any
officer, employee, or agent within the scope of such person's office,
employment or agency shall be deemed the act or omission of the
business entity; such entity shall be named as the party
defendant or respondent and the officer, employee, or agent shall
not be held liable. Failure to comply with more than one
provision of this Chapter or regulations or orders hereunder shall
constitute multiple violations. Each day's continuance of a violation
shall constitute a separate violation.
(Source: P.A. 84-796.)
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(625 ILCS 5/18c-1702) (from Ch. 95 1/2, par. 18c-1702)
Sec. 18c-1702. Responsibility for Enforcement. It shall be the duty of the Commission and of the Illinois State Police
and the Secretary of State to conduct investigations, make
arrests, and take any other action necessary for the enforcement
of this Chapter.
(Source: P.A. 102-538, eff. 8-20-21.)
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(625 ILCS 5/18c-1703) (from Ch. 95 1/2, par. 18c-1703)
Sec. 18c-1703.
Investigations and Arrests.
(1) Enforcement Officers and Investigators.
Enforcement officers and investigators appointed by the
Commission shall have, and may exercise throughout the state,
all the powers of police officers when enforcing provisions
of this Chapter, subject to the regulations and orders of the
Commission.
(2) Investigations.
(a) General Provisions.
The Commission, through its employees, shall conduct
such investigations as are necessary for the enforcement
of this Chapter.
(b) Examination, Audit and Production of Records.
Authorized employees of the Commission shall have the
power at any and all times to examine, audit, or demand
production of all accounts, books, records, memoranda,
and other papers in the possession or control of a
license or registration holder, its employees or agents.
In addition, every person other than a license or
registration holder and every officer, employee or agent
of such person shall permit every authorized employee of
the Commission, upon administrative subpoena issued by
the Chairman or his designee or the Attorney General, to
inspect and copy any accounts, books, records,
memoranda, letters, checks, vouchers, telegrams,
documents, or other papers in its possession or control
which the Commission deems necessary to the proper
conduct of an investigation to determine whether
provisions of this Chapter, Commission regulations or
orders, have been violated.
(c) Inspection of Equipment and Facilities.
Authorized employees of the Commission shall have the
power at all times to inspect the equipment, facilities,
and other property of the licensee in the possession or control of a
carrier or broker, its employees or agents.
(d) Special Investigations.
The Commission may also conduct special investigations as necessary for the
enforcement of this Chapter. Where such person is found by
the Commission to have violated this Chapter, and where the Commission
imposes a sanction for such violation under Section 18c-1704 of this
Chapter, the Commission
may impose on such person an assessment of reasonable
expenses incurred by the Commission in the
investigation and subsequent proceeding. Such assessment shall not exceed a fee of
$100 per work day or $50
per half work day, per employee, for the payroll costs of the
Commission staff, plus actual transportation (in accordance with
applicable state employee travel expense reimbursement regulations) and
all other actual
expenses incurred in the special investigation and subsequent proceeding.
(3) Arrests and Citations.
The Commission shall make arrests and issue notices of civil
violations where necessary for the enforcement of this Chapter.
No rail carrier employee shall be arrested for violation of
this Chapter. No person operating a motor vehicle in violation
of the licensing or safety provisions of this Chapter shall be
permitted to transport property or passengers beyond the
point of arrest unless, in the opinion of the officer making
the arrest, it is necessary to transport the property or
passengers to another location to insure their safety or to
preserve or tend cargo carried in the vehicle.
(Source: P.A. 85-553.)
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(625 ILCS 5/18c-1704) (from Ch. 95 1/2, par. 18c-1704)
Sec. 18c-1704.
Sanctions.
Each violation of this Chapter shall subject
the violator to the following sanctions, except as otherwise provided
elsewhere in this Chapter. Sanctions provided for in this Section may be
imposed by the Commission only in compliance with the notice and hearing
requirements of Section 18c-2102 of this Chapter.
(1) Criminal Misdemeanor Penalties. Each violation of this Chapter shall
constitute a Class C misdemeanor.
(2) Civil Penalties. The Commission may assess, against any person found
by it to have violated this Chapter, a civil penalty not greater than
$1,000 nor less than $100 per violation. The penalty assessed by the
Commission shall reflect the number and severity of violations found to
have been committed. Penalties assessed by the Commission shall be
enforced by any court having venue in enforcement cases under this Chapter.
(3) Cease and Desist Orders. The Commission may, where
a person is found after hearing to have violated this Chapter, Commission
regulations or orders, and justice requires, order the person to cease and
desist from further or from any future violations. A cease and desist order
may be entered on the Commission's own motion or by agreement between the
parties. Orders and agreements under this Section shall be valid and
enforceable for the period stated therein, not to exceed 2 years from the
date the order or agreement is approved by the Commission, unless the
parties stipulate otherwise. Such orders and agreements shall be
enforceable in any court of this State having venue and jurisdiction in
enforcement actions under this Chapter. Failure to comply with a
Commission cease and desist order shall constitute a violation of this
Chapter separate and apart from any underlying violations.
(4) Stipulated Settlements.
(a) General Provisions. The Commission may accept a | ||
| ||
(b) Presumption of Reasonableness. Such stipulations | ||
| ||
(c) Parameters. Parameters for settlement shall be | ||
| ||
(d) Orders. Orders suspending proposed settlements | ||
| ||
(5) Injunctive Relief. Any court with jurisdiction and venue for
purposes of enforcing this Chapter shall have the power to enjoin any person
from committing violations of this Chapter. Suit for penalties shall not
be a prerequisite to injunctive relief. No bond shall be required when
injunctive relief is granted at the request of the Commission.
(6) Suspension or Revocation of Licenses and Registrations.
(a) Availability of Suspension and Revocation as | ||
| ||
(b) Suspension Pending Adjudication. Where the | ||
| ||
(c) Special Revocation Procedures.
(i) Notice. The Commission shall serve notice | ||
| ||
(ii) Extensions of Time. The Commission may grant | ||
| ||
(iii) Request for Hearing. If a timely written | ||
| ||
(iv) Revocation by Operation of Law. If, at the | ||
| ||
(7) Probation. The Commission may probate the imposition of any of the
sanctions set forth in this Section.
(Source: P.A. 88-415.)
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(625 ILCS 5/18c-1705) (from Ch. 95 1/2, par. 18c-1705)
Sec. 18c-1705.
Expedited Enforcement Procedures.
The
Commission shall, within 60 days from the effective date of this amendatory Act
of 1987, implement expedited administrative enforcement procedures.
(a) Initiation of Administrative Enforcement Proceedings. The
Transportation Division Manager or his designee shall have the power to
issue, or refuse to issue, a notice or citation instituting an
administrative enforcement proceeding.
(b) Settlement of Enforcement Proceedings by Stipulation.
(i) Power to Negotiate Settlements. The | ||
| ||
(ii) Review and Acceptance of Stipulations. The | ||
| ||
(iii) Administrative Appeal of Settlements. | ||
| ||
(Source: P.A. 91-357, eff. 7-29-99.)
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(625 ILCS 5/Ch 18C Sb 1 Art VIII heading) ARTICLE VIII.
SERVICE OF NOTICES,
ORDERS AND PROCESS
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(625 ILCS 5/18c-1801) (from Ch. 95 1/2, par. 18c-1801)
Sec. 18c-1801.
Persons Who May be Served.
It shall be the responsibility of each person subject to the
licensing or ratemaking provisions of this Chapter to keep on file
with the Commission the name of a person upon whom notices,
orders, or process in administrative or judicial proceedings
under this Chapter may be served, together with a current address
within the State of Illinois at which such person may be served.
The Commission shall maintain a file of such "agents for service
of process." Service of any Commission notice, order, or process
on the agent for service of process at the address shown in the
file shall be conclusively presumed to be service on the carrier,
broker, or other person. If a person fails to make the filing
required herein, the person may be served at the most current
address in other records of the Commission, or at the address on
file with the Secretary of State for service of process, and the
same conclusive presumption shall apply.
(Source: P.A. 84-796.)
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(625 ILCS 5/18c-1802) (from Ch. 95 1/2, par. 18c-1802)
Sec. 18c-1802.
Time of Service.
Notices, orders, process and other correspondence of the
Commission shall be deemed served at the time they are deposited in the
United States mail or delivered to a commercial delivery service or
delivered in person by an employee or agent of the Commission.
Notices, orders, process and other correspondence shall be deemed
served on the Commission at the time of receipt.
(Source: P.A. 84-796.)
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(625 ILCS 5/Ch. 18C Sub-ch. 2 heading) SUB-CHAPTER 2.
PROCEEDINGS BEFORE THE
COMMISSION AND THE COURTS
|
(625 ILCS 5/Ch 18C Sub 2 Art I heading) ARTICLE I.
ADMINISTRATIVE PROCEEDINGS
BEFORE THE COMMISSION
|
(625 ILCS 5/18c-2101) (from Ch. 95 1/2, par. 18c-2101)
Sec. 18c-2101.
Hearings in household goods carrier licensing cases.
(1) Hearing required. The Commission shall issue orders in household goods
carrier licensing cases only after notice and hearing in
accordance with
the rules of practice applicable to proceedings under this Chapter.
(2) Hearing not required. Hearing shall be required in household goods
carrier licensing cases, except as provided in Sections 18c-2107 and
18c-4306 of this Chapter.
(Source: P.A. 89-444, eff. 1-25-96.)
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(625 ILCS 5/18c-2102) (from Ch. 95 1/2, par. 18c-2102)
Sec. 18c-2102. Hearings in other than household goods carrier
authority cases.
(1) Hearing required.
Except as otherwise provided in subsection (2) of this Section,
and in Section 18c-2108 of this Chapter the Commission shall, in other than
household goods carrier authority cases,
issue orders granting
authority or other relief, prescribing rates, imposing
sanctions, or directing that a person take, continue to take,
refrain from taking or cease and desist from continuing to
take any action, only after notice and hearing in accordance
with the rules of practice applicable to proceedings under
this Chapter.
(1.1) Service of notice in a case involving a motor carrier of passengers. In any case involving a motor carrier of passengers, if an airport is a point to be served, in addition to public notice by publication, notice of an application for a license or transfer of a license must be served by certified mail, return receipt requested, on (i) the corporation counsel or chief legal officer of any municipality or other political subdivision operating the airport and (ii) the agent for service of process in Illinois of any motor carrier possessing a license under Section 18c-6201 authorizing all or part of the service for which authority is sought under Section 18c-6201 of this Chapter.
(2) Hearing not required. Except as otherwise provided in Section
18c-2108 of this Chapter,
the Commission may, in other than household goods carrier authority
cases, conduct its review and issue orders
without hearing, the taking of evidence, or the making of a
record where action taken in the order:
(a) Was not opposed in a timely pleading addressed to | ||
| ||
(b) Was opposed in a timely pleading, but such | ||
| ||
(c) Was taken on an emergency temporary or interim | ||
| ||
(d) Is interlocutory in nature.
(3) Section not applicable to household goods carrier authority cases.
Nothing in this Section shall have application to any household goods
carrier authority case.
(Source: P.A. 94-499, eff. 1-1-06.)
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(625 ILCS 5/18c-2103) (from Ch. 95 1/2, par. 18c-2103)
Sec. 18c-2103.
Rules of Practice.
(1) General Provisions.
The Commission shall adopt General and Special rules of
practice to govern administrative proceedings under this Chapter.
Such rules shall be designed to effectuate the purposes of
this Chapter. Rules of practice heretofore issued by the Commission shall
be the rules of practice applicable under this Chapter unless changed,
repealed, or supplemented by the Commission.
(2) Verification of Pleadings.
Unless otherwise expressly provided therein, the signature on
any pleading, document, or other paper filed with the
Commission on which a verification or oath is required under
applicable statutes or regulations shall constitute the
verification or oath of the signatory and no further
verification or oath shall be required. False verification
or oath shall be a violation of this Chapter.
(Source: P.A. 84-796.)
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(625 ILCS 5/18c-2104) (from Ch. 95 1/2, par. 18c-2104)
Sec. 18c-2104.
Rules of Evidence.
The rules of evidence which apply in civil cases before the
circuit courts of this State shall, except as otherwise provided
herein, apply to proceedings before the Commission under this Chapter.
Evidence not admissible under the rules of evidence
applicable in civil courts may be admitted if it is of a type commonly
relied upon by prudent persons in the conduct of their affairs.
Objections must be made at hearing to preserve them on appeal.
Evidence may be received orally or in writing.
(Source: P.A. 84-796.)
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(625 ILCS 5/18c-2105) (from Ch. 95 1/2, par. 18c-2105)
Sec. 18c-2105.
Discovery.
(1) Discovery Generally. Any party may utilize
written interrogatories, depositions, requests for discovery or inspection
of documents or property and other discovery tools commonly utilized in
civil actions in the circuit courts in the State of Illinois in the manner
contemplated by the Code of Civil Procedure and the Rules of the Supreme
Court of Illinois; except that discovery must be completed by the 30th day
after the party filed its petition for leave to intervene, unless the period
of discovery is extended by agreement of the parties or by the Commission.
The Chairman or a hearing examiner may, at any time, on his own motion or
at the request of a party, issue such rulings denying, limiting, conditioning,
or regulating discovery as justice requires, and may supervise all or part
of any discovery procedure. Parties to proceedings before the Commission
are encouraged to clarify and resolve issues where possible through the
use of pre-hearing discovery. However, discovery order should be calculated
to lessen the time and expense required to reach an informed resolution of the issues.
(2) Subpoenas.
The Chairman or a hearing examiner may, for good cause, issue a subpoena
directing a person to appear and testify, and to produce records,
documents, or other papers, at a time and place set forth in the subpoena,
in connection with a proceeding before the Commission. Service of the
subpoena shall be in the same manner as a subpoena issued by a court.
The Commission may, on its own motion or the motion of a
person served with a subpoena, quash the subpoena, in whole
or in part.
(3) Appeal from Discovery and Subpoenas. A person served with a
discovery request or subpoena may appeal such interlocutory matter to the
Commission. Such appeals shall set forth grounds for seeking to quash or
limit the scope of the discovery or subpoena, as well as the specific
relief sought, and must be filed within 10 days after service of the
discovery or subpoena. If discovery is stayed by the Commission, the
person served shall be excused from compliance with the discovery order or
subpoena until a decision on its appeal is made by the Commission.
(4) Assessment and Payment of Discovery Costs.
The Commission may assess the costs of discovery, including
fees for witness attendance and travel, against the party by
which discovery was requested. Where a subpoena is issued on
the Commission's own motion, fees for witness attendance and
travel shall be paid by the Commission on request. Witness
fees shall be the same as for a circuit court proceeding.
Deposits to insure payment of costs and fees may be required.
(5) Enforcement of Discovery Procedures. The Commission may, where a
person has failed to comply with or permit discovery authorized hereunder,
determine any or all issues within the scope of the discovery or subpoena
adverse to such person without further evidence. The Commission may, in
addition, assess civil penalties under Article VII of Sub-chapter 1 of this
Chapter for such violator for contempt and may assess the costs of
enforcement, both before the Commission and before the court, against the violator.
(Source: P.A. 84-796.)
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(625 ILCS 5/18c-2106) (from Ch. 95 1/2, par. 18c-2106)
Sec. 18c-2106. Standing.
(1) General Provisions. Each person with an
administratively cognizable interest in a
proceeding before the Commission shall, upon compliance with
procedural rules adopted by the Commission for such
proceedings, be entitled to appear and participate as a party to
the proceeding. The Commission may, in addition, grant leave
to appear and participate on such terms as it may
prescribe, where to do so would assist the Commission in
reaching an informed and just decision in the proceeding.
(2) Definition of Administratively Cognizable Interest.
The following persons or entities shall be deemed to have an
administratively cognizable interest in proceedings under
this Chapter:
(a) Licensing Proceedings. A person or an entity | ||
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(i) The person possesses a license authorizing | ||
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(ii) The proceeding involves an application for a | ||
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(iii) The entity is a municipality or other | ||
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(b) Rate Proceedings. A person shall be deemed to | ||
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(i) A carrier authorized to transport traffic | ||
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(ii) A shipper or receiver of traffic such as | ||
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(iii) An association of two or more carriers, | ||
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(iv) An organization representing employees of a | ||
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(c) Proceedings to Transfer a License. A person shall | ||
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(i) Has an ownership interest in or control of | ||
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(ii) Would, if the proposed transfer is approved, | ||
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(iii) Possesses a license authorizing all or part | ||
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(iv) Would be directly affected by the transfer;
(v) Is an organization representing employees of | ||
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(vi) Is a municipality or other political | ||
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(d) Complaint and Enforcement Proceedings. A person | ||
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(i) Has an ownership interest in or control of | ||
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(ii) Would be directly and adversely affected by | ||
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(iii) Is an organization representing employees | ||
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(e) All Proceedings. Notwithstanding the provisions | ||
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(i) Filed the pleading pursuant to which the | ||
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(ii) Is an organization representing employees of | ||
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(Source: P.A. 94-499, eff. 1-1-06.)
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(625 ILCS 5/18c-2107) (from Ch. 95 1/2, par. 18c-2107)
Sec. 18c-2107.
Orders in household goods carrier authority proceedings.
(1) Emergency Proceedings Orders. The Commission may, on request, and upon
a finding that urgent and immediate public need requires emergency
temporary action, issue orders granting emergency temporary relief in
household goods carrier authority proceedings. The Commission shall promptly
post notice of any such request at a prominent location at the Commission
offices in Springfield and Chicago, and where action affecting a specific
named person is requested shall promptly notify the person by telephone or
telegram. Such orders may be issued without hearing and shall remain in
effect pending notice and hearing in accordance with subsection (1) of
Section 18c-2101 of this Chapter, but shall not remain in effect for a
period exceeding 45 days from issuance, and shall not be renewed or
extended. Any person in opposition to such relief shall be entitled, on
request, to an oral hearing on the request for emergency temporary relief.
The filing or granting of a request for an oral hearing shall not, unless
the Commission so provides, stay
the issuance or effect of any emergency temporary order under this subsection.
(2) Interim orders. The Commission may, on request, issue interim orders
for temporary authority in household goods carrier authority proceedings
making temporary disposition of issues in a proceeding after notice and
review of verified supporting statements. Such orders shall remain in
effect pending final disposition in accordance with Section 18c-2101 of
this Chapter unless otherwise provided in the interim order or the interim
order is modified or rescinded by the Commission. Any person in opposition
to such relief shall be entitled, on request, to an oral hearing on the
request for temporary relief. The filing or granting of such a request for
an oral hearing shall not, unless the Commission so provides, stay the
issuance or effect of any interim order under this subsection. A request
for oral hearing on a request for interim relief shall, unless otherwise
specified by the party making the request for oral hearing, be construed as
a request for oral hearing on the application for permanent relief as well.
(3) Final Orders. Final orders shall be issued in household
goods carrier of
property authority proceedings only after an oral hearing.
(Source: P.A. 89-444, eff. 1-25-96.)
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(625 ILCS 5/18c-2108) (from Ch. 95 1/2, par. 18c-2108)
Sec. 18c-2108.
Orders in other than household goods carriers
authority and enforcement proceedings.
(1) Emergency Orders.
The Commission may, on request, and upon a finding that
urgent and immediate public need requires emergency temporary
action, issue orders granting emergency temporary relief in other than
household goods carrier authority or enforcement cases.
The Commission shall promptly post notice of any such request
at a prominent location at the Commission offices in
Springfield and Chicago, and where action affecting a specific
named person is requested shall promptly notify the person by
telephone or telegram. Such orders may be issued without
hearing and shall remain in effect pending notice and hearing
in accordance with subsection (1) of Section 18c-2101 of
this Chapter, but shall not remain in effect for a period
exceeding 45 days from issuance, and shall not be renewed
or extended. Any person in opposition to such relief shall
be entitled, on request, to an oral hearing on the
request for emergency temporary relief. The filing
or granting of such request for oral hearing shall not,
unless the Commission so provides, stay the issuance or
effect of any emergency temporary order under this
subsection.
(2) Interim Orders.
The Commission may, on request, issue interim orders making
temporary disposition of issues in a proceeding, other than a household
goods carrier authority or enforcement proceeding, after notice
and hearing on written submissions. Such orders shall remain
in effect pending final disposition in accordance with Section
18c-2102 of this Chapter unless otherwise provided
in the interim order or the interim order is modified or
rescinded by the Commission. Any person in opposition to
such relief shall be entitled, on request, to an oral hearing
on the request for temporary relief. The filing or granting
of such a request for oral hearing shall not, unless the
Commission so provides, stay the issuance or effect of any
interim order under this subsection. A request for oral
hearing on a request for temporary relief shall, unless
otherwise specified by the party making the request for oral
hearing, be construed as a request for oral hearing on the
application for permanent relief as well.
(3) Final orders.
Any party to a proceeding before the Commission shall be
entitled, on timely written request, to an oral hearing prior
to issuance of a final order in the proceeding. Where the
Commission has issued an interim order and no timely request
for oral hearing has been filed or is pending, the Commission
may issue a final order without oral hearing, except in household
goods carrier authority proceedings.
(4) Section not applicable to household goods carrier authority
proceedings. Nothing in this Section shall have application to any
household goods carrier authority proceeding.
(Source: P.A. 92-651, eff. 7-11-02.)
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(625 ILCS 5/18c-2109) (from Ch. 95 1/2, par. 18c-2109)
Sec. 18c-2109.
Prompt Final Disposition of Proceedings.
The Commission shall consider matters properly before it in the
most expeditious manner possible, and in no case shall the final
order resolving matters in a proceeding be entered later than the
90th day following the close of oral hearing.
Proceedings may be reassigned in order to expedite consideration and
disposition.
(Source: P.A. 85-553.)
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(625 ILCS 5/18c-2110) (from Ch. 95 1/2, par. 18c-2110)
Sec. 18c-2110.
Reconsideration, Rehearing and Reopening of
Proceedings. (1) Motions for Rehearing or Reconsideration.
(a) Who May File Motions. Any party of record to an administrative
proceeding before
the Commission may file a motion administratively appealing the action or
inaction of the Commission, Employee Board, or Commission staff.
(b) Relief Which May Be Sought. A motion may request modification or
rescission of a Commission or Employee Board order, or of the action or
inaction of the Commission, Employee Board, or Commission staff; the
Commission or Employee Board may likewise request such relief
(c) To Whom Motions May Be Addressed. If the order appealed is a
nonfinal order of an Employee Board, the motion may be
addressed to the Board or to the Commission; otherwise, the
motion must be addressed to the Commission.
(d) Deadline For Filing Motions. The motion must
be filed within 30 days after service of the order, or of the action or
inaction appealed,
unless the time for filing a motion is extended by the
Commission in writing.
(e) Style and Contents of Motions. The motion must set forth specific
grounds for modification or rescission of the order. Appeals
from orders issued by the Commission, or from the action or inaction of the Commission
shall be styled "motions
for rehearing;" appeals from orders of an Employee Board, or from the
action or inaction of Employee Board or staff,
shall be styled "motions for reconsideration."
(f) Grant or Denial of Motions. The
Commission may grant or deny such motions, in whole or in
part. If the Commission grants such a motion a new order
shall be issued within 180 days
after service of the order granting the motion unless the
order granting the motion also disposed of the issues in the
proceeding and is therefore a final, appealable order. If
the Commission fails to act on any such motion within
45 days after it is filed, or up to 90
days if the period for acting on the motion has been extended
by the Commission in writing, the motion shall be deemed to
have been denied by operation of law.
(g) Appeals of Rulings by Hearing Examiners. Notwithstanding any
other provision of this Section, interlocutory appeals of rulings by
hearing examiners shall be as provided by the Commission's Rules of
Practice; no other appeals of action or inaction by a hearing examiner may be taken.
(2) Motions to Reopen. The Commission may, at any time after
notice to the parties and the public, reopen a proceeding to consider
clarification, modification, or rescission of its order.
Reopening may be on the Commission's own motion or on the
motion of any interested person. Upon a finding of clerical
or technical error the Commission may modify or rescind its
order in the proceeding. The Commission may not, on
reopening, impair the vested rights of any person.
(Source: P.A. 85-553.)
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(625 ILCS 5/Ch 18C Sub 2 Art II heading) ARTICLE II.
JUDICIAL REVIEW PROCEEDINGS
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(625 ILCS 5/18c-2201) (from Ch. 95 1/2, par. 18c-2201)
Sec. 18c-2201.
Availability of Judicial Review.
(1) Standing to Seek Judicial Review.
No person shall have standing to seek judicial review of a
Commission action unless such person shall have an
administratively cognizable interest in the order, be aggrieved
by it, and have exhausted its administrative remedies. A
person admitted as a party to an administrative proceeding
shall be presumed to have an administratively cognizable
interest in orders issued in the proceeding for purposes of
standing to seek judicial review.
(2) Exhaustion of Administrative Remedies.
A person shall be deemed to have exhausted its administrative
remedies only if:
(a) The person participated as a party to the proceeding
before the Commission, or filed a timely pleading
seeking to participate as a party and was entitled as
matter of right to participate as a party;
(b) The person filed a timely motion for reconsideration or
rehearing which was denied by the Commission or by
operation of law, unless the Commission expressly waived
the filing of such a motion; and
(c) The action of which judicial review is sought is, in all
respects, a final order of the Commission.
(3) Deadline for Filing Petitions for Judicial Review.
A petition for judicial review must be filed within
35 days after the order of the Commission becomes final.
(4) Remedy Exclusive.
Judicial review as provided for under this Article shall be
exclusive of all other remedies at law or equity in regard to
review of Commission actions, regulations or orders.
(Source: P.A. 84-796; 84-1025.)
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(625 ILCS 5/18c-2202) (from Ch. 95 1/2, par. 18c-2202)
Sec. 18c-2202.
Scope of Judicial Review.
(1) Issues on Review.
The reviewing court shall be limited in its review to
whether:
(a) The Commission's order is against the manifest weight of
evidence in the record before the Commission;
(b) The order is contrary to provisions of this Chapter or
Commission regulations;
(c) The order is an abuse of discretion;
(d) The order is beyond the jurisdiction of the Commission;
or
(e) The order denies constitutional rights of the person
seeking judicial review.
(2) Record on Review.
In reviewing an order of the Commission, the court shall be
limited to issues of fact or law presented to the Commission
in either a motion for reconsideration or a motion for
rehearing, and to:
(a) Evidence in the record before the Commission;
(b) Evidence offered but erroneously excluded by the
Commission from the record; and
(c) Evidence of procedural irregularities which could not,
with reasonable diligence, have been offered, either at
the administrative hearing or in the motion for
reconsideration or rehearing.
(Source: P.A. 84-796.)
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(625 ILCS 5/18c-2203) (from Ch. 95 1/2, par. 18c-2203)
Sec. 18c-2203.
Submission of the Administrative Record.
It shall be
the responsibility of the Commission to submit to the court certified copies
of the record before the Commission. The record submitted must be complete
in all respects unless all parties have, by written stipulation, agreed
to deletion of materials not relevant to the issues raised in the petition
for judicial review. The cost of preparing certified copies of the record
may be assessed, in whole or in part, to the party seeking judicial review,
and failure to pay such costs shall be grounds for dismissal in accordance
with the Illinois Administrative Review Law.
(Source: P.A. 84-796.)
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(625 ILCS 5/18c-2204) (from Ch. 95 1/2, par. 18c-2204)
Sec. 18c-2204.
Relief.
The reviewing court may grant relief in
accordance with provisions of the Illinois Administrative Review Law.
(Source: P.A. 84-796.)
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(625 ILCS 5/18c-2205) (from Ch. 95 1/2, par. 18c-2205)
Sec. 18c-2205.
Stay of Action Pending Judicial Review.
(1) Commission Orders Not Stayed by Filing of Appeal.
The filing or pendency of a petition for judicial review
shall not of itself stay, suspend, restrain or enjoin the
operation of a rule, regulation, order or decision of the
Commission.
(2) Power of Court to Stay Commission Orders.
During the pendency of a petition for judicial review the
reviewing court in its discretion may, except as provided in
this subsection, stay, suspend, restrain or enjoin, in whole
or in part, the operation of a Commission regulation or
order. No order staying, suspending, restraining or
enjoining a Commission regulation or order shall be made by the
court except upon 3 days' actual notice to the Commission
and the Attorney General and after hearing.
Where the Commission action relates to enforcement of this Chapter, the
reviewing court shall not stay, suspend, restrain or
enjoin the action of the Commission for a period longer than 180
days from the filing of the appeal; unless at the expiration of the initial
180 day period, the court finds that continuation is necessary for the
informed and just resolution of the issues; and unless the court does
continue the stay, suspension, restraint, or injunction in effect for one
or more definite periods of time not to exceed 180 days each.
(3) Bond Required. In case an action, regulation or order of the Commission
is stayed, suspended, restrained, or enjoined, the order of the court shall
not become effective until a bond shall first have been executed and filed
with and approved by the court, except as otherwise provided in this paragraph.
Where the order under review does not relate to enforcement of this law,
the court may, for good cause, waive the requirement of a bond.
(Source: P.A. 84-796.)
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(625 ILCS 5/18c-2206) (from Ch. 95 1/2, par. 18c-2206)
Sec. 18c-2206.
Application of the Illinois Administrative Review Law.
Where this Article is silent, proceedings for judicial review of a
Commission action, regulation or order shall be governed by provisions of
the Administrative Review Law.
(Source: P.A. 84-796.)
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(625 ILCS 5/Ch 18C Sub 2 Art III heading) ARTICLE III.
ADMINISTRATIVE AND JUDICIAL
ENFORCEMENT PROCEEDINGS
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(625 ILCS 5/18c-2301) (from Ch. 95 1/2, par. 18c-2301)
Sec. 18c-2301.
Initiation of Proceedings.
The Commission may initiate
either administrative or judicial proceedings, or both, to enforce provisions
of this Chapter, and Commission regulations and orders.
In addition, any interested
person may apply to a circuit court, which has jurisdiction and venue
as set out in this Chapter, for injunctive relief to enforce provisions of Sub-Chapter 4
of this Chapter, and Commission regulations and orders issued pursuant to Sub-Chapter 4.
(Source: P.A. 84-796.)
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(625 ILCS 5/18c-2302) (from Ch. 95 1/2, par. 18c-2302)
Sec. 18c-2302.
Governing Procedures.
Administrative enforcement proceedings initiated hereunder shall
be governed by the Commission's rules of practice. Judicial
enforcement proceedings initiated hereunder shall be governed by
the rules of procedure applicable in the courts of this State.
(Source: P.A. 84-796.)
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(625 ILCS 5/Ch 18C Sub 2 Art IV heading) ARTICLE IV.
VENUE AND JURISDICTION
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(625 ILCS 5/18c-2401) (from Ch. 95 1/2, par. 18c-2401)
Sec. 18c-2401.
Venue and Jurisdiction in Actions for Judicial Review.
(1) Venue. Actions for judicial review under this Chapter may be filed in
the circuit courts of Sangamon or Cook Counties.
(2) Jurisdiction. Jurisdiction in actions for judicial review under this
Chapter shall be
vested in the circuit courts of Sangamon and Cook Counties.
(Source: P.A. 84-796.)
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(625 ILCS 5/18c-2402) (from Ch. 95 1/2, par. 18c-2402)
Sec. 18c-2402.
Venue and Jurisdiction in Actions to Enforce this Chapter.
(a) Venue in Suits for Criminal Misdemeanor Penalties. Actions in which
criminal misdemeanor penalties are sought may be brought in the county
where any part of the subject matter is located, or part of the violation(s)
occurred, or the arrest was made, and venue shall lie in that county; the
case may be transferred to another county only with the approval of the
court and the agreement of the parties.
(b) Venue in Actions Other Than Suits for Criminal Penalties. Actions
to enforce this Chapter, Commission regulations and orders, other than suits
for criminal misdemeanor penalties, may be brought in the circuit courts
of any county in which any part of the subject matter is located, or any
part of the violation(s) occurred; the case may be transferred to another
county only with the approval of the court and the agreement of the parties.
(Source: P.A. 91-357, eff. 7-29-99.)
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(625 ILCS 5/Ch. 18C Sub-ch. 3 heading) SUB-CHAPTER 3.
SUBSTANTIVE PROVISIONS
APPLICABLE TO MORE THAN ONE
TRANSPORTATION MODE
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(625 ILCS 5/Ch 18C Sub 3 Art I heading) ARTICLE I.
LICENSING
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(625 ILCS 5/18c-3101) (from Ch. 95 1/2, par. 18c-3101)
Sec. 18c-3101.
Terms, Conditions, and Limitations.
The Commission may attach to the exercise of rights under any
license or other authorization issued or granted by it such
terms, conditions, and limitations as will protect the public
interest and effectuate the purposes of this Chapter.
(Source: P.A. 84-796.)
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(625 ILCS 5/18c-3102) (from Ch. 95 1/2, par. 18c-3102)
Sec. 18c-3102.
Geographical Restrictions.
A prima facie determination
whether transportation is within the
geographical scope of a license may be made by reference to a
copy of the official state highway map and the distance scale
shown thereon. Such a determination may be rebutted by a
showing, based on a municipal ordinance; other official document;
or commercially published map, chart or other competent evidence;
that the geographical scope of the license is other than as
represented on the official state highway map.
(Source: P.A. 84-796.)
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(625 ILCS 5/Ch 18C Sub 3 Art II heading) ARTICLE II.
RATEMAKING
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(625 ILCS 5/18c-3201) (from Ch. 95 1/2, par. 18c-3201)
Sec. 18c-3201.
Prohibition of transportation services in the
absence of effective rates.
No common carrier by pipeline, household goods carrier, rail carrier, or
passenger carrier shall render service until such carrier has in effect
a tariff or schedule of rates applicable to such service in
compliance with this Chapter. Likewise, no such carrier shall render
service under a license issued by the Commission if the
Commission has suspended or cancelled the tariff or schedule of rates
previously in effect and applicable to such service, or if the
tariff or schedule is, by action of a party thereto or by its own
terms, no longer effective.
(Source: P.A. 89-444, eff. 1-25-96.)
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(625 ILCS 5/18c-3202) (from Ch. 95 1/2, par. 18c-3202)
Sec. 18c-3202.
Effective Dates of New or Amended Rates.
The Commission
shall prescribe the periods of notice which
must elapse between the filing of a proposed rate and its proposed effective
date. In no case shall the Commission prescribe a notice period greater
than 30 days or the period established by a valid, preemptive federal
statute.
(Source: P.A. 85-553.)
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(625 ILCS 5/18c-3203) (from Ch. 95 1/2, par. 18c-3203)
Sec. 18c-3203.
Filing, publishing and posting of tariffs and schedules.
(1) General requirement of filing, publication and posting. Each
common carrier of household goods or passengers shall file,
publish, and make available for public inspection its current
tariffs (other than rail contract rate tariffs). Copies of such
tariffs shall be provided by the carrier to any member of the
public on request and at a reasonable cost. Each contract
carrier of household goods shall file its current schedule of
rates and
provisions.
(2) Tariff and schedule specifications. Tariffs and schedules filed
in accordance with this
subsection shall be in such form and contain such information as
the Commission may specify. The Commission may, by special permission for
good cause shown, grant permission to deviate from its tariff and schedule
regulations.
(3) Rejection of tariffs and schedules. The Commission may, at any time
prior to the effective date of a tariff or schedule, reject or
suspend a tariff or schedule which does not conform to its
specifications or which on its face is in violation of this Chapter,
Commission regulations or orders.
(4) Right of independent action. Each carrier subject to this
Chapter shall have the individual right to publish,
file, and post any rate for transportation provided by such carrier or in
connection with any other carrier. No carrier shall be a member of any
bureau,
tariff publishing agency, or other organization which, directly or indirectly,
prohibits such carrier from publishing and filing any rate or which requires
that such rate be published or filed by the bureau,
publishing agency,
or other organization.
(Source: P.A. 89-444, eff. 1-25-96; 90-655, eff. 7-30-98.)
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(625 ILCS 5/18c-3204) (from Ch. 95 1/2, par. 18c-3204)
Sec. 18c-3204.
Rate Proceedings.
(1) Initiation of proceedings. The Commission may initiate a proceeding to
investigate or prescribe tariffs or schedules on its own motion or on
complaint.
(2) Suspension of tariffs and schedules.
(a) Suspension of tariffs. The Commission may suspend | ||
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(i) Seven months for public carriers and | ||
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(ii) One hundred and twenty days for motor | ||
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(iii) Five months for rail carriers, unless the | ||
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(b) Suspension of schedules. The Commission may | ||
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(c) Burden of proof in investigation proceedings. The | ||
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(3) Prescription of tariffs and schedules.
The Commission may prescribe tariffs where it has determined,
in accordance with Section 18c-2102 of this Chapter, that a
tariff published by a carrier is unreasonable,
discriminatory, or otherwise in violation of this Chapter, Commission
regulations or orders. The Commission may prescribe
schedules where it has determined, after hearing, that a
schedule filed by a carrier is in violation of this Chapter,
Commission regulations or orders.
(4) Relief.
The Commission may, where it finds a tariff or schedule to be
in violation of this Chapter, its regulations or orders, or
finds rates or provisions in a tariff unjust, unreasonable,
or discriminatory, and in accordance with Section 18c-2102 of
this Chapter, direct the carrier to:
(a) Publish and file a supplement cancelling the | ||
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(b) Publish and file a new tariff or file a new | ||
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(c) Repay any overcharges or collect any | ||
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(Source: P.A. 89-42, eff. 1-1-96; 89-444, eff. 1-25-96; 90-14, eff.
7-1-97.)
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(625 ILCS 5/18c-3205) (from Ch. 95 1/2, par. 18c-3205)
Sec. 18c-3205.
Ratemaking Standards.
(1) Reasonableness.
Rates for household goods common carrier service must be just, reasonable,
and not discriminatory.
(2) Factors to be Considered.
The Commission shall, in exercising its ratemaking powers
consider, among other factors, the inherent advantages of
transportation by a particular class of carriers, the public
need for and interest in adequate and efficient
transportation service, at rates consistent with provision of such
service, and the revenue needs of carriers under honest,
economical and efficient management.
(3) Factors Not Considered.
The Commission shall not, in exercising its ratemaking
powers, consider the value of any operating authority held by
a carrier, or the value of any goodwill or earning power
connected with operations of the carrier.
(Source: P.A. 89-444, eff. 1-25-96.)
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(625 ILCS 5/18c-3206) (from Ch. 95 1/2, par. 18c-3206)
Sec. 18c-3206.
Charges to conform to tariffs or schedules and
orders of the Commission.
(1) Overcharges and undercharges prohibited.
No common or contract household goods or passenger carrier shall offer,
advertise, charge,
demand, collect, or receive, in any manner, a greater,
lesser, or different compensation for transportation or for
any service in connection therewith than the rates and
charges specified in tariffs or schedules on file with the
Commission and in effect at the time the transportation or
any other service is rendered; nor shall any such carrier
offer, advertise, charge, demand, collect, or receive any
compensation for transportation or for any other service
rendered in connection therewith where there is not in effect
at the time a lawfully applicable tariff or schedule.
Likewise, no such carrier shall refund or remit, in any
manner or by any device, whether directly or indirectly, or
through any agent or otherwise, or pursuant to
Commission order, any portion of the rates or charges
specified in tariffs or schedules on file with the Commission
and in effect at the time; nor shall any such carrier extend
to any person any discount, value, privilege, or facilities
for transportation or any service rendered in connection
therewith, except as are specified in tariffs or schedules on
file with the Commission and in effect at the time.
(2) Repayment of overcharges, collection of undercharges and
reparations.
(a) Repayment of overcharges and payment of | ||
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(b) Collection of undercharges. The Commission may, | ||
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(Source: P.A. 89-444, eff. 1-25-96.)
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(625 ILCS 5/18c-3207) (from Ch. 95 1/2, par. 18c-3207)
Sec. 18c-3207.
Zones of Rate Flexibility.
(1) Zone for Motor Carriers of Passengers.
Notwithstanding any other provisions of this Sub-chapter, the
Commission may not investigate, suspend, revise, or revoke
any single-line rate proposed by a motor carrier of
passengers, or joint rate proposed by one or more such
companies, applicable to any transportation on the grounds
that such rate is unreasonably high or low if:
(a) The rate was published in accordance with provisions of
this Chapter, Commission regulations and orders;
(b) The Commission was properly notified that the carrier or carriers
wish to have the rate considered pursuant to this
subsection; and
(c) The net of all increases and decreases, during the
calendar year in which the rate is to become effective,
is not more than 25%.
(2) Zone for Rail Carriers.
Notwithstanding any other provision of this Sub-chapter the
Commission may not investigate, suspend, revise, or revoke
any rate proposed by a rail carrier on the grounds that such
rate is unreasonably high or low if:
(a) The rate was published in accordance with provisions of
this Chapter and Commission regulations;
(b) Commission was properly notified that the carrier wished
to have the rate to be considered pursuant to this
subsection; and
(c) The net of all increases and decreases, during the
calendar year in which the rate is to become effective,
is not more than the amount specified under 49 U.S. Code
10707a and 10708.
(3) Commission to Adopt Regulations.
The Commission may adopt regulations specifying procedures
for determining whether a rate published by a carrier falls
within the zone of rate flexibility.
(Source: P.A. 84-796.)
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(625 ILCS 5/18c-3208) (from Ch. 95 1/2, par. 18c-3208)
Sec. 18c-3208.
Joint rates and routes.
(1) Establishment by carriers.
Two or more common carriers of household goods or passengers
may
establish through routes and joint rates, provided that the
rates, and divisions and practices relating thereto, are
just, reasonable, and not discriminatory.
(2) Establishment by the Commission.
The Commission may, on its own motion or on petition or
complaint, where 2 or more carriers have failed to
establish through routes, joint rates, or divisions and
practices relating thereto, establish such routes, rates,
divisions and practices. The Commission shall take such
action only after notice and hearing to consider whether any
proposed routes, rates, divisions and practices are just,
reasonable and not discriminatory, whether any carrier has a
reasonable objection to establishment of such routes, rates,
divisions and practices, and whether such objections can be
satisfied by imposing reasonable terms and conditions on the
application of such routes, rates, divisions and practices.
The provisions of this subsection shall have no application
to household goods carriers.
(Source: P.A. 89-444, eff. 1-25-96.)
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(625 ILCS 5/18c-3209) (from Ch. 95 1/2, par. 18c-3209)
Sec. 18c-3209.
Charges Not Part of Direct Transportation Cost.
Any agreement, arrangement, or device, or part thereof, which, as
a condition to the provision of transportation service, requires
or permits any carrier, shipper, or receiver to pay a charge to
any person, where such charge is not part of the direct cost of
transportation service, shall be void.
(Source: P.A. 85-553.)
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(625 ILCS 5/18c-3210) (from Ch. 95 1/2, par. 18c-3210)
Sec. 18c-3210.
Presentation of freight bills, payment of freight
charges, and extension of credit.
Except as otherwise provided in this Chapter, this Section is applicable only
to household goods carriers.
(1) Presentation of freight bills.
Freight bills shall be presented to the person responsible
for payment of freight charges not later than the
7th day following delivery of the freight.
(2) Payment required before delivery or relinquishment of
possession.
Except as provided in subsection (3) of this Section, no
common carrier shall deliver or relinquish possession of a
shipment transported by it until all freight charges for such
shipment under lawfully applicable rates have been paid to
the carrier. Where credit has been extended in accordance
with this Section, and all freight charges on the shipment
under lawfully applicable rates have not been paid before
expiration of the period for which credit has been extended,
the carrier shall cease delivering or relinquishing
possession of the shipment and may decline to transport future
shipments until all such charges have been paid.
(3) Exception: Delivery or relinquishment of possession before
payment.
A carrier may deliver or relinquish possession of a shipment
transported by it in advance of payment of all freight
charges on the shipment under lawfully applicable rates if the
carrier has, in accordance with this Section, extended credit
to the person responsible for payment of freight charges.
(4) Extension of credit.
Credit, if extended by a carrier, must be extended without
discrimination. Credit for payment of freight charges shown
on the initial freight bill shall be for a period not to
exceed 30 days, beginning on the later of the date
of delivery or the date on which the freight bill is
presented. If freight charges shown on the initial freight bill
are paid and the carrier subsequently presents a supplemental
freight bill, the carrier may extend credit in the amount of
freight charges shown on the supplemental freight bill for an
additional period not to exceed 15 days, beginning
on the date on which the supplemental freight bill is
presented.
(5) Commission regulation of credit terms.
The Commission may regulate the extension and terms of credit
extended by carriers under this Section, and no credit shall
be extended except in accordance with such regulations.
(6) Use of U.S. Postal Service for presentation of bills or
payment of charges.
Where the United States Postal Service is used for the
presentation of freight bills or payment of freight charges,
the date of mailing, as indicated by the postmark, shall be
the date of presentation or payment.
(7) Calculation of times for extension of credit.
Time periods of extension of credit under this Section shall
commence at midnight on the date of the event (delivery or
presentation of freight bill). The initial 7 day period shall not include
Saturdays,
Sundays, or legal holidays.
(Source: P.A. 89-444, eff. 1-25-96.)
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(625 ILCS 5/18c-3211) (from Ch. 95 1/2, par. 18c-3211)
Sec. 18c-3211.
Free or Reduced Rate Carriage.
Nothing in this Chapter shall prevent a carrier from establishing
reduced rate or free carriage rates applicable to transportation
provided for the United States, the State of Illinois, or any
municipality or subdivision of this State, where it is required
by law that the carrier providing such transportation be selected
by competitive bid. Such rates shall be filed in the form and
manner required by the Commission.
(Source: P.A. 84-796.)
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(625 ILCS 5/18c-3212) (from Ch. 95 1/2, par. 18c-3212)
Sec. 18c-3212.
Statute of Limitations for Freight Charges.
(1) Collection Actions.
Actions to collect freight charges under lawfully applicable
rates must be instituted within 3 years after
rendition of the service.
(2) Reparations or Overcharge Proceedings.
Petitions seeking reparations or repayment of overcharges
must be filed with the Commission within 3 years
after rendition of the service, and any action seeking
judicial enforcement of a Commission order awarding
reparations must be instituted within 1 year after
issuance of such order. Where an action seeking judicial
review of a Commission order awarding reparations is filed,
the time preceding final adjudication of the action shall be
excluded in computing the time for instituting the action
seeking judicial enforcement of the Commission order.
(Source: P.A. 84-796.)
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(625 ILCS 5/18c-3213) (from Ch. 95 1/2, par. 18c-3213)
Sec. 18c-3213.
Application of Rate Regulations to Exempt
Traffic.
Notwithstanding any other provision of this Chapter to the contrary,
the provisions of this Article shall not apply to traffic which
is altogether exempt from Commission jurisdiction under this Chapter
or a valid, preemptive federal statute.
(Source: P.A. 84-796.)
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(625 ILCS 5/Ch 18C Sub 3 Art III heading) ARTICLE
III. OTHER PROVISIONS COMMON
TO ALL TRANSPORTATION MODES
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(625 ILCS 5/18c-3301) (from Ch. 95 1/2, par. 18c-3301)
Sec. 18c-3301.
Certain Third Party Payments Prohibited.
Whenever a shipper or receiver of property requires that any
person who owns or operates a motor vehicle transporting property
in intrastate commerce under the provisions of this Chapter be
assisted in the loading or unloading of such vehicle, the shipper
or receiver shall be responsible for providing such assistance or
shall compensate the owner or operator for all costs associated
with securing and compensating the person or persons providing
such assistance. It shall be unlawful to coerce or attempt to
coerce any person providing transportation of property by motor
vehicle for-hire in intrastate commerce to employ or pay one or
more persons to load or unload any part of such property onto or
from such vehicle, except that this subsection shall not be
construed as making unlawful any activity which is not unlawful
under the National Labor Relations Act or any other acts
governing labor practices.
(Source: P.A. 84-796.)
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(625 ILCS 5/18c-3302) (from Ch. 95 1/2, par. 18c-3302)
Sec. 18c-3302.
Prohibition against discrimination.
It shall be unlawful for any household goods carrier, rail carrier, common
carrier by pipeline, or passenger carrier to discriminate by giving or
causing to be given any unreasonable preference or advantage to
any person or traffic, or to subject any such person or traffic
to unreasonable prejudice or disadvantage.
(Source: P.A. 89-444, eff. 1-25-96.)
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(625 ILCS 5/18c-3303) (from Ch. 95 1/2, par. 18c-3303)
Sec. 18c-3303.
Failure to Reject or Suspend, or to Invoke
Sanctions, Not to be Construed as Acceptance.
Failure of the Commission to reject or suspend any rate,
contract, application, or other document filed with it, or to
initiate enforcement proceedings or invoke sanctions against any
person for action or violation of this Chapter, Commission
regulations or orders, shall not be construed in any proceeding of
either any administrative or judicial nature as authorization or
acceptance of such document or action, or any portion thereof.
Nothing in this Section shall be construed to affect the date on
which a rate or tariff is lawfully in effect.
(Source: P.A. 84-796.)
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(625 ILCS 5/18c-3304) (from Ch. 95 1/2, par. 18c-3304)
Sec. 18c-3304.
Records and accounts.
Each household goods carrier, rail carrier, common carrier by pipeline, and
passenger carrier shall:
(1) Keep written accounts and records of its revenues, expenses,
contracts, and other activities subject to regulation under
this Chapter in accordance with regulations prescribed by the
Commission;
(2) Maintain, for a period of 3 years, copies of all
accounts and records required by Commission regulations; and
(3) Make such accounts and records available for inspection, on
request, by any authorized employee of the Commission.
Accounts and records kept pursuant to this Section shall be kept
at an office in the State of Illinois unless the Commission shall
have authorized maintenance at a location outside of the State.
(Source: P.A. 89-444, eff. 1-25-96.)
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(625 ILCS 5/Ch. 18C Sub-ch. 4 heading) SUB-CHAPTER 4.
MOTOR CARRIERS OF PROPERTY
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(625 ILCS 5/Ch 18C Sub 4 Art I heading) ARTICLE I.
GENERAL PROVISIONS GOVERNING
MOTOR CARRIERS OF PROPERTY
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(625 ILCS 5/18c-4101) (from Ch. 95 1/2, par. 18c-4101)
Sec. 18c-4101.
Scope of Commission Jurisdiction.
Except as provided in Section 18c-4102 of this Chapter, the
jurisdiction of the Commission shall extend to all motor carriers of
property operating within the State of Illinois.
(Source: P.A. 84-796.)
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(625 ILCS 5/18c-4102) (from Ch. 95 1/2, par. 18c-4102)
Sec. 18c-4102.
Exemptions from Commission Jurisdiction.
The provisions
of this chapter shall not apply to transportation, by motor vehicle:
(a) of mail exclusively for the United States Postal Service;
(b) of agricultural commodities, farm supplies, and other commodities
for sale by farm supply retail outlets, by an agricultural cooperative
association as defined in the Illinois "Agricultural Co-Operative Act" as
amended;
(c) of farm or dairy products, livestock, poultry, fruits and agricultural
products, by the producer thereof or by a producer on behalf of other producers
from farm to a farm, market, warehouse, dairy or shipping terminal, for which
no monetary compensation is paid or received;
(d) of livestock from farm to a farm market, farm to farm, or farm
market to a farm as long as the vehicle is not registered for a gross
vehicle weight that exceeds 28,000 pounds or a truck and trailer with a
registered combined gross vehicle weight that does not exceed 28,000 pounds;
(e) by farm tractors and any other motorized, self-propelled machinery
used in the production of agricultural commodities on a farm, where the
transportation is provided by the owner of the machinery or another farmer as
an incident to the business of farming;
(f) consisting of towing performed by any towing service pursuant to
the written order of a law enforcement official or agency in accordance
with Sections 4-201 through 4-214 of the Illinois Vehicle Code;
(g) of trespassing motor vehicles by a licensed commercial vehicle
relocator;
(h) of newspapers being delivered to residential subscribers or to
persons who will deliver the newspapers to residential subscribers;
(i) of waste having no commercial value to a disposal site for disposal;
(j) where the transportation is incidental to and within the scope of the
person's primary business purpose, and the primary business is other than
transportation;
(k) consisting of emergency transportation of a wrecked or disabled
vehicle. Further movements to an additional place of repair or storage are
not exempt under this subsection. Emergency transportation of wrecked or
disabled vehicles shall include the transportation, pursuant to written
authorization of law enforcement official if the owner is unavailable or
unable to make the request, of wrecked or disabled vehicles which might
otherwise constitute a public safety hazard along a street or highway, and
transportation of wrecked or disabled vehicles in other bona fide emergency
situations;
(l) consisting of transportation by a tow truck or rollback car
carrier equipped as a tow truck of a motor vehicle when requested by the owner;
(m) of waste from the facilities of the generator of the waste to a
recognized recycling or waste processing facility when the generator
receives no direct or indirect compensation from anyone for the waste and
when the transportation is by garbage trucks with self contained compacting
devices, roll off trucks with containers, or vehicles or containers
specially designed and used to receive separated recyclables, and when the
transportation is an interim step toward recycling, reclamation,
reuse, or disposal; and
(n) of potable water for human and livestock consumption transported
in containers of 1,600 gallons or less. This subsection
does not apply to vehicles transporting more than one container.
(Source: P.A. 86-564; 87-465; 87-531; 87-727; 87-768; 87-895; 87-1203;
87-1249.)
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(625 ILCS 5/18c-4103) (from Ch. 95 1/2, par. 18c-4103)
Sec. 18c-4103.
Leasing.
(1) Prohibition Against Single-Source Leasing.
No private carrier shall lease any motor vehicle with driver,
nor shall any person lease a motor vehicle with driver to any
private carrier. Likewise, no person shall lease any motor
vehicle to any private carrier and either:
(a) Procure or exercise control over drivers of such | ||
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(b) Be responsible for or hold itself out to be | ||
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The provision of motor vehicles with drivers shall constitute
motor carrier operations subject to the licensing,
ratemaking, and other jurisdiction of the Commission under
this Chapter.
(2) Exclusive Use of Household Goods Contract Carrier Vehicles.
The prohibition against single source leasing in subsection
(1) of this Section shall not prohibit a household goods contract carrier
from providing motor vehicles, with drivers, for exclusive
use by a private carrier where:
(a) The private carrier is a contracting shipper;
(b) Operations conducted with such motor vehicles are | ||
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(c) The household goods contract carrier exercises | ||
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(d) The lease does not have the effect of circumventing rate
or other provisions of this Chapter, Commission regulations
and orders.
This subsection shall apply regardless of whether the household goods
contract
carrier's permit expressly provides for the lease of vehicles,
with drivers, to contracting shippers.
(3) Equipment Leasing.
(a) Requirements for Content, Filing, and Carrying of | ||
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(b) Direction and Control of Leased Equipment. It | ||
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(Source: P.A. 89-444, eff. 1-25-96.)
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(625 ILCS 5/18c-4104) (from Ch. 95 1/2, par. 18c-4104)
Sec. 18c-4104.
Unlawful Operations.
(1) Prohibition. Except as
provided in Article I of this Sub-chapter, and
subject to the provisions stated herein, it shall be unlawful
for any person to:
(a) Operate as an intrastate motor carrier of | ||
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(b) Operate as an intrastate household goods carrier | ||
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1. hauling unauthorized commodities;
2. operating outside authorized territory; or
3. violating other restrictions.
(c) Operate, as an intrastate motor carrier of | ||
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(d) Operate, as an intrastate household goods | ||
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(e) Operate, as an intrastate household goods | ||
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(f) Operate, as an intrastate motor carrier of | ||
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(g) Operate, as an intrastate motor carrier of | ||
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(h) Operate, as an intrastate or interstate motor | ||
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(i) Operate, as an intrastate motor carrier of | ||
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(j) Provide, as an intrastate household goods | ||
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(k) Otherwise operate as a motor carrier of property | ||
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(l) Aid or abet any other person in a violation of | ||
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(2) Provisos.
(a) Presentation of Documents at Hearing as Defense. | ||
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(b) Lease Form Prescribed by the Commission. A lease | ||
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(Source: P.A. 89-444, eff. 1-25-96.)
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(625 ILCS 5/18c-4105) Sec. 18c-4105. Indemnity agreement in motor carrier transportation contracts void. (a) Notwithstanding any other provision of law, a provision, clause, covenant, or agreement contained in, collateral to, or affecting a motor carrier transportation contract that purports to indemnify, defend or hold harmless, or has the effect of indemnifying, defending or holding harmless, the promisee from or against any liability for loss or damage resulting from the negligence or intentional acts or omissions of the promisee is against the public policy of this State and is void and unenforceable. (b) As used in this Section: (1) "Motor carrier transportation contract" means a | ||
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(A) The transportation of property for | ||
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(B) Entrance on property by the motor carrier for | ||
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(C) A service incidental to activity described in | ||
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(2) "Promisee" means the promisee and any agents, | ||
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(c) This Section does not apply to the Uniform Intermodal Interchange and Facilities Access Agreement administered by the Intermodal Association of North America or other agreements providing for the interchange, use, or possession of intermodal chassis or other intermodal equipment.
(Source: P.A. 96-697, eff. 8-25-09.) |
(625 ILCS 5/Ch 18C Sub 4 Art II heading) ARTICLE II.
LICENSING
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(625 ILCS 5/18c-4201) (from Ch. 95 1/2, par. 18c-4201)
Sec. 18c-4201. Licensing cases.
(1) Scope of Section.
The provisions of this Chapter relating to household goods carrier
licensing apply to applications:
(a) For a license authorizing a carrier to operate as | ||
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(b) To transfer a certificate, permit, or license or | ||
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(c) To convert household goods contract carrier | ||
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(2) Form and content of household goods carrier licensing applications.
Household goods carrier licensing
applications
shall be on such forms and contain such
information as may be prescribed by
the Commission, be verified under oath, and shall be
accompanied by the required filing fee.
(3) Public notice of applications.
(a) Review of applications prior to publication. The | ||
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(b) Authorization to submit application for | ||
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(c) Additional notice prescribed by the Commission. | ||
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(4) Hearing on licensing applications.
(a) Participation at hearing. Any person having | ||
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(b) Setting, notice, and hearing. Notwithstanding any | ||
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(c) Issuance of orders after hearing. The Commission | ||
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(Source: P.A. 97-595, eff. 8-26-11.)
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(625 ILCS 5/18c-4202) (from Ch. 95 1/2, par. 18c-4202)
Sec. 18c-4202.
Household goods common carrier certificates.
(1) Prerequisite to operation as a household goods common
carrier.
No person shall operate as a household goods common carrier
unless such person possesses a common carrier of household goods
certificate issued by the Commission and in good standing.
(2) Requirements for issuance.
The Commission shall grant an application for a common
carrier of household goods certificate, in whole or in part, to the extent
that
it finds that the application was properly filed; a public
need for the service exists; the applicant is fit, willing
and able to provide the service in compliance with this Chapter,
Commission regulations or orders; and the public
convenience and necessity requires issuance of the
certificate. Otherwise, the application shall be denied. The burden of
proving that the requirements for issuance of a common carrier of
household goods
certificate have been met shall be borne by the applicant.
(3) Duties and practices of household goods common carriers.
Household goods common carriers shall provide safe and adequate
transportation service to the general public within the scope
of their authorities and in compliance with this Chapter,
Commission regulations and orders. Such service shall be at
reasonable rates and without discrimination.
(Source: P.A. 89-444, eff. 1-25-96.)
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(625 ILCS 5/18c-4203) (from Ch. 95 1/2, par. 18c-4203)
Sec. 18c-4203. Household goods contract carrier permits.
(1) Prerequisite to operation as a household goods contract
carrier.
No person shall operate as a household goods contract carrier of
property unless such person possesses a household goods contract
carrier permit issued by the Commission and in good standing.
(2) Requirements for issuance.
(a) General requirements. The Commission shall grant | ||
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(b) Conversion to household goods common carrier | ||
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(c) Cancellation and non-renewal of contracts. | ||
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(3) Duties and practices of household goods contract carriers.
(a) Services. Household goods contract carriers shall | ||
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(b) Contracts. Each household goods contract carrier | ||
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(Source: P.A. 97-595, eff. 8-26-11.)
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(625 ILCS 5/18c-4204) (from Ch. 95 1/2, par. 18c-4204)
Sec. 18c-4204. Standards to be considered in issuing common
and contract household goods carrier licenses.
The Commission shall exercise its discretion in regard to issuance of common
carrier of household goods or contract carrier
of household goods licenses in accordance with
standards enumerated in this Section.
(1) Standards
relevant to both
common and contract household goods
carrier licenses. In determining whether to issue a common carrier
of household goods
certificate or a contract carrier of household goods permit
under
Sections 18c-4202 and 18c-4203 of this Chapter, the
Commission shall consider, in addition to other standards
enumerated in this Chapter:
(a) (Blank);
(b) The existing authorized carriers' services, | ||
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(c) (Blank);
(d) Any evidence bearing on the fitness, willingness, | ||
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(e) The effect which issuing the certificate or | ||
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(2) Additional standards relevant to household goods contract
carrier
licenses.
In determining whether to issue a household goods contract
carrier
permit under Section 18c-4203 of this Chapter, the
Commission shall consider, in addition to standards enumerated in
subsection (1) of this Section or elsewhere in this
Sub-chapter:
(a) Whether the proposed service is contract carrier | ||
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(b) The effect which failure to issue the permit | ||
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(3) Standards not relevant to either household goods common or
household goods contract
carrier licenses.
In determining whether to issue a household goods common carrier
certificate or a household goods contract carrier permit
under
Sections 18c-4202 and 18c-4203 of this Chapter, the
Commission shall not consider:
(a) The mere preference of the supporting shipper or | ||
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(b) Any illegal operations of the applicant as | ||
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(Source: P.A. 97-595, eff. 8-26-11.)
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(625 ILCS 5/18c-4204a) (from Ch. 95 1/2, par. 18c-4204a)
Sec. 18c-4204a.
Fitness standards.
(1) Establishment of administrative
standards. The Commission shall, within 180 days from the effective date
of this amendatory Act of 1987, adopt and implement standards for
determining fitness to hold
or continue to hold a household goods carrier
license.
(2) Statutory standards. A person shall not be considered fit for
purposes of this Section unless the record shows that, at the time of hearing,
the person:
(a) Is aware of its obligations under this Chapter, | ||
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(b) Has substantially complied with applicable | ||
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(c) Possesses the equipment, facilities, financial | ||
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(3) Burden of proof in application proceedings.
(a) Temporary authority. Each applicant for | ||
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(b) Permanent authority. Each applicant for | ||
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(c) Findings. The order granting permanent household | ||
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(4) Revocation proceedings. If the record in a revocation proceeding
shows that a licensee is no
longer fit to hold a household goods carrier
license, the Commission
shall suspend or revoke the license. When a license is suspended under
this Section, the holder shall have 6 months in which to demonstrate, by
clear and convincing evidence, that its fitness has been restored. Unless
the Commission finds that such a demonstration has been made, the license
shall be revoked. A license revoked under this Section shall not be
reinstated.
(Source: P.A. 89-444, eff. 1-25-96.)
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(625 ILCS 5/18c-4206) (from Ch. 95 1/2, par. 18c-4206)
Sec. 18c-4206.
Dual operations.
(1) Dual common/contract operations.
No person shall hold both a household goods common carrier
certificate
and a household goods contract carrier permit unless the
Commission
determines, or has determined, that both licenses may be held
consistent with the public interest and authorizes such dual
licensing. Issuance of household goods contract carrier
authority
after the effective date of this amendatory Act of 1995 to a
person that
already holds household goods common carrier authority, or vice
versa,
shall be rebuttably presumed inconsistent with the public
interest if the two authorities would be duplicative, in
whole or in part.
(2) Merger of duplicative operating rights.
The Commission may, except as otherwise provided in this
subsection, order that duplicative operating rights, whether
household goods common carrier or household goods
contract carrier or both, be
merged into a single license and may impose such requirements
upon operations under such license as will promote the public
interest and effectuate the purposes of this Chapter. The power
of the Commission to order merger shall not extend to
duplicative operating rights in existence on the effective
date of this Chapter.
(Source: P.A. 89-444, eff. 1-25-96.)
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(625 ILCS 5/18c-4207) (from Ch. 95 1/2, par. 18c-4207)
Sec. 18c-4207.
Cessation of service under a license.
No household goods carrier shall abandon, discontinue, or suspend any
service
that it is authorized to provide pursuant to a license issued by
the Commission without authorization by the Commission. If the
Commission finds good cause for the abandonment, discontinuance,
or suspension, it may approve same. If the Commission finds that
a household goods carrier has abandoned, discontinued, or suspended service
without authorization, it may revoke the carrier's license.
(Source: P.A. 89-444, eff. 1-25-96.)
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(625 ILCS 5/Ch 18C Sub 4 Art III heading) ARTICLE III.
TRANSFER OF LICENSES
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(625 ILCS 5/18c-4301) (from Ch. 95 1/2, par. 18c-4301)
Sec. 18c-4301.
Power of Commission to Approve Transfers.
A license issued under this Sub-chapter may be transferred, with
Commission approval, under the conditions specified in this
Article and in accordance with such rules and regulations as the
Commission may prescribe.
(Source: P.A. 84-796.)
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(625 ILCS 5/18c-4302) (from Ch. 95 1/2, par. 18c-4302)
Sec. 18c-4302.
Types of Transfers Which May be Approved.
It is lawful, with prior authorization from the Commission, for:
(1) Two or more motor carriers of property to consolidate or
merge their properties into one business entity for the
ownership, management, or operation of the properties
theretofore in separate ownership;
(2) A motor carrier of property, or two or more such carriers
jointly, to purchase, lease or contract to operate the
properties of another such carrier;
(3) A motor carrier of property, or two or more such carriers
jointly, to acquire control of another such carrier through
ownership of its stock or otherwise;
(4) A person not a motor carrier of property, to acquire control
of one or more such motor carriers through ownership of its
or their stock or otherwise;
(5) A person not a motor carrier of property and which has
control of one or more such carriers to acquire control of
another carrier through ownership of its stock or otherwise;
or
(6) A person to acquire possession, ownership, or control, by
means of the sale or other conveyance of a license issued by
the Commission to another person.
(Source: P.A. 84-796.)
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(625 ILCS 5/18c-4303) (from Ch. 95 1/2, par. 18c-4303)
Sec. 18c-4303.
Applications for Approval.
Applications for approval of
the transfer of a license shall be on forms
prescribed by the Commission and shall, where possible, be accompanied by a
copy of the written contract executed by parties to the proposed transfer.
The contract must state that it:
(1) Is expressly conditioned on approval of the transfer by the
Commission;
(2) Is a complete and exclusive statement of the rights of the
parties in regard to the proposed transfer; and
(3) Cannot be amended without notice to and approval by the
Commission.
The application shall also be accompanied by an abstract of
shipments performed by the transferor within the last year prior to
the date of the contract showing the date of each shipment, the
identification number of the shipment, the origin and destination
of the shipment, and a description of the commodity shipped.
The application shall not be docketed until a contract and abstract have
been filed. Where the contract cannot be signed because of some operation
of law, the Commission may waive the signature of the transferor, but not
the filing of the written contract.
(Source: P.A. 84-796.)
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(625 ILCS 5/18c-4304) (from Ch. 95 1/2, par. 18c-4304)
Sec. 18c-4304.
Standard for Review of Applications.
The Commission may
approve a proposed transfer if it finds that:
(1) The license to be transferred is in good standing and has not
been abandoned, discontinued, or suspended, in whole or in
part;
(2) The proposed transferee is fit, willing, and able to provide
service for which the license was issued, and to do so in
compliance with provisions of this Chapter, Commission
regulations and orders; and
(3) The transfer would be consistent with the public interest and
the state transportation policy.
The Commission may approve or disapprove a transfer, in whole or
in part, and may subject the transfer to such terms and
conditions as will protect the public interest and effectuate the
purposes of this Chapter.
(Source: P.A. 84-796.)
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(625 ILCS 5/18c-4305) (from Ch. 95 1/2, par. 18c-4305)
Sec. 18c-4305.
Abandonment, Discontinuance, or Suspension of
Service Under a License to be Transferred.
In determining whether the proposed transferor has abandoned,
discontinued or suspended service without authorization, the
Commission shall only consider the operations of the transferring
party performed within the last 2 years prior to the date
on which the contract between transferor and transferee was
executed, or the date the application was filed.
(Source: P.A. 84-796.)
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(625 ILCS 5/18c-4306) (from Ch. 95 1/2, par. 18c-4306)
Sec. 18c-4306.
Expedited Transfer Procedures.
(1) The Commission may provide for the transfer of a license, without
notice and hearing, and without the necessity of making the findings
specified above, when such transfer or control is to:
(a) a member or members of the transferor's immediate | ||
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(b) a corporation, the stock of which is wholly owned | ||
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(c) a member or members of a partnership of which the | ||
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(d) a stockholder or stockholders of the transferor | ||
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(e) the heirs of a person who dies intestate or the | ||
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(f) the heirs or legatees of the transferor pursuant | ||
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(g) a corporation, more than 50% of the stock of | ||
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(h) a corporation, all of the stock of which is | ||
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(2) When a transfer of a license may be accomplished on an expedited basis
without notice and hearing through 2 or more transactions of the type described
in subsection (a), and they do, in fact, represent a single, contemporaneous
transaction, then the Commission shall allow the transfer to be made as a
single transaction in a single application. However, it shall be the
applicants' burden to demonstrate that they are entitled to this treatment of
their application by setting forth each of the individual qualifying
transactions under subsection (1) with the same detail and specificity as if
each individual application were filed.
(Source: P.A. 88-415.)
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(625 ILCS 5/18c-4307) (from Ch. 95 1/2, par. 18c-4307)
Sec. 18c-4307.
Unapproved Transfers.
(1) Unapproved Transfers Prohibited.
Except as provided in this Article, no person may enter into
a transaction to accomplish or effectuate, or participate in
accomplishing or effectuating, the ownership, control or
management of any one or more motor carriers, however such
result is attained, whether directly or indirectly by use of
common directors, officers, or stockholders, a holding or
investment company, a voting trust, or in any other manner,
and regardless of whether or not the carrier received
compensation or value from the transaction. Nor shall any
person continue to maintain control or management
accomplished or effectuated in violation of this Article.
The words "control or management," when used in this Article,
shall be construed to include the power to exercise control
or management.
(2) Direct Supervision and Control by License Holder Required. The holder
of a motor carrier license shall exercise direct supervision and control
over all operations conducted with vehicles registered under its license
or utilized in conducting operations under its license. The holder may be
called upon to demonstrate that it is exercising direct supervision and
control. Failure to exercise active supervision and control shall constitute
the unauthorized transfer of operating rights in violation of this Chapter.
Where an unauthorized transfer occurs, both the transferor and transferee
shall have committed violations of this Chapter. Nothing contained herein
shall prevent the holder from exercising such supervision and control through
a manager or other bona fide employee of the holder.
Elements to be considered in evaluating whether supervision and control
is being exercised include solicitation; public identification; billing;
collecting; dispatching drivers and equipment; hiring; evaluation and
firing of drivers and other personnel; liability for cargo loss or damage;
and responsibility for payment of carrier expenses.
(Source: P.A. 85-553.)
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(625 ILCS 5/18c-4308) (from Ch. 95 1/2, par. 18c-4308)
Sec. 18c-4308.
Enforcement of Transfer Requirements.
The Commission may, on its own motion or on complaint,
investigate and determine whether violations of this Article have
occurred. When the Commission determines that a carrier or other
person is violating the provisions of this Article it shall by
order require the carrier or other person to take whatever action
is necessary to prevent continuance of the violation, and may, in
addition, impose sanctions as provided in this Chapter.
(Source: P.A. 84-796.)
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(625 ILCS 5/18c-4309) (from Ch. 95 1/2, par. 18c-4309)
Sec. 18c-4309.
Temporary Suspension and Transfer.
Periods during which
a license is temporarily
suspended by order of the Commission shall not be considered as part of the 1-year
period for which an abstract of shipments must be provided for application to transfer
a license pursuant to Section 18c-4303 of this Chapter, or for the 2-year
period used to determine whether a proposed transferor has abandoned,
discontinued or suspended service without Commission authorization pursuant
to Section 18c-4305 of this Chapter. This Section shall apply to all
temporary suspension applications filed, and all temporary suspensions
granted, on or after January 1, 1986.
(Source: P.A. 85-553.)
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(625 ILCS 5/Ch 18C Sub 4 Art IV heading) ARTICLE IV.
RATE FILINGS AND REGISTRATION OF
INTRASTATE PUBLIC CARRIERS AND EQUIPMENT AND
REGISTRATION OF INTERSTATE CARRIERS AND EQUIPMENT
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(625 ILCS 5/18c-4401) (from Ch. 95 1/2, par. 18c-4401)
Sec. 18c-4401. Registration required.
(1) General provisions. No intrastate public carrier and no interstate
carrier
shall operate over the public roads of this
State without a
registration issued pursuant to this Article and in effect at the
time operations are conducted. As used in this Article, "interstate carrier" includes any private carrier that is required to register under federal law.
(2) Interstate intercorporate hauling and single-source leasing.
Persons or entities engaged in
interstate compensated intercorporate hauling, and interstate
private carriers which lease equipment, with drivers, are
interstate carriers for purposes of this Article notwithstanding any
other provision of this Chapter.
However, the Commission may:
(a) Exempt such carriers from the requirements of | ||
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(b) Subject any such exemption to such reasonable | ||
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(c) Revoke any exemption granted hereunder if it | ||
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(Source: P.A. 94-760, eff. 1-1-07.)
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(625 ILCS 5/18c-4402) (from Ch. 95 1/2, par. 18c-4402)
Sec. 18c-4402.
Registration Standards.
The Commission shall not issue a registration until after the
carrier has:
(1) Properly filed an application for registration; and
(2) Complied with Commission regulations and orders regarding:
(a) Application, franchise, franchise renewal, and other
fees and levies; and
(b) Proof of insurance.
(Source: P.A. 85-553.)
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(625 ILCS 5/18c-4403) (from Ch. 95 1/2, par. 18c-4403)
Sec. 18c-4403.
Issuance of registrations.
The Commission may issue registrations to any qualified applicant
authorizing bona fide intrastate public carrier or interstate operations,
if it is found that
the applicant is fit, willing, and able to provide service in
conformity with the requirements of this Chapter, Commission
regulations and orders.
(Source: P.A. 89-444, eff. 1-25-96.)
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(625 ILCS 5/18c-4404) (from Ch. 95 1/2, par. 18c-4404)
Sec. 18c-4404.
Revocation of Registrations.
The Commission may revoke any registration if it determines that
the carrier has failed to comply with this Chapter, Commission
regulations or orders, or with any other statute or regulation of
this State relating to the privilege of operating motor vehicles
over the public roads of the State.
(Source: P.A. 84-796.)
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(625 ILCS 5/18c-4405)
Sec. 18c-4405.
Intrastate public carrier rate filings.
Public carriers
that voluntarily file rates under an agreement approved by the Commission under
Section 18c-4502 of this Chapter are subject to all provisions of Sub-chapter
3, Article II, and Section 18c-4501 of this Chapter 18c.
(Source: P.A. 89-444, eff. 1-25-96.)
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(625 ILCS 5/Ch 18C Sub 4 Art V heading) ARTICLE V.
RATEMAKING.
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(625 ILCS 5/18c-4501) (from Ch. 95 1/2, par. 18c-4501)
Sec. 18c-4501.
Jurisdiction and power of the Commission.
(1) Power to set rates.
The Commission shall have jurisdiction and power to set the
maximum or minimum, or maximum and minimum, lawful rates for
intrastate service by common carriers of household goods, to
set the minimum lawful rates for contract carriers of
household goods, and to prescribe the form and content of
tariffs
and schedules containing such rates.
(2) Power to Establish Ratemaking Procedures.
The Commission may establish procedures for the filing,
publication, investigation, suspension and prescription of
rates. The Commission may provide that rates for particular
services will go into effect unless suspended by the
Commission, or may require that rates for such services be
approved by the Commission before going into effect.
(Source: P.A. 89-444, eff. 1-25-96.)
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(625 ILCS 5/18c-4502) (from Ch. 95 1/2, par. 18c-4502)
Sec. 18c-4502. Collective ratemaking. (1) Application for approval.
Any carrier party to an agreement between or among 2 or more
carriers relating to rates, fares, classifications,
divisions, allowances, or charges (including charges between
carriers and compensation paid or received for the use of
facilities and equipment), or rules and regulations
pertaining thereto, or procedures for the joint consideration,
initiation, or establishment thereof, whether such conference,
bureau, committee, or other organization be a "for-profit" or
"not-for-profit" corporate entity or whether or not such
conference, bureau, committee or other organization is or
will be controlled by other businesses may, under such rules
and regulations as the Commission may prescribe, apply to the
Commission for approval of the agreement, and the Commission
shall by order approve any such agreement, if approval
thereof is not prohibited by subsection (3), (4), or (5) of
this Section, if it finds that, by reason of furtherance of
the State transportation policy declared in Section 18c-1103
of this Chapter, the relief provided in subsection (8) should
apply with respect to the making and carrying out of such
agreement; otherwise the application shall be denied. The
approval of the Commission shall be granted only upon such
terms and conditions as the Commission may prescribe as
necessary to enable it to grant its approval in accordance
with the standard above set forth in this paragraph.
(2) Accounts, reporting, and internal procedures.
Each conference, bureau, committee, or other organization
established or continued pursuant to any agreement approved
by the Commission under the provisions of this Section shall
maintain such accounts, records, files and memoranda and
shall submit to the Commission such reports, as may be
prescribed by the Commission, and all such accounts, records,
files, and memoranda shall be subject to inspection by the
Commission or its duly authorized representatives. Any
conference, bureau committee, or other organization described
in subsection (1) of this Section shall cause to be published
notice of the final disposition of any action taken by such
entity together with a concise statement of the reasons
therefor. The Commission shall withhold approval of any
agreement under this Section unless the agreement specifies a
reasonable period of time within which proposals by parties
to the agreement will be finally acted upon by the
conference, bureau, committee, or other organization.
(3) Matters which may be the subject of agreements approved by
the Commission.
The Commission shall not approve under this Section any
agreement between or among carriers of different classes
unless it finds that such agreement is of the character
described in subsection (1) of this Section and is limited to
matters relating to transportation under joint rates or over
through routes. For purposes of this paragraph carriers by
railroad and express companies are carriers of one class;
carriers by motor vehicle are carriers of one class and
carriers by water are carriers of one class.
(4) Non-applicability of Section to transfers.
The Commission shall not approve under this Section any
agreement which it finds is an agreement with respect to a
pooling, division, or other matter or transaction, to which
Section 18c-4302 of this Chapter is applicable.
(5) Independent action.
The Commission shall not approve under this Section any
agreement which establishes a procedure for the determination
of any matter through joint consideration unless it finds
that under the agreement there is accorded to each party the
free and unrestrained right to take independent action either
before or after any determination arrived at through such
procedures. The Commission shall not find that each party
has a free and unrestrained right to take independent action
if the conference, bureau, committee, or other organization
is granted by the agreement any right to engage in
proceedings before the Commission or before any court regarding
any action taken by a party to an agreement authorized by
this Section, or by any other party providing or seeking
authority to provide transportation services.
(6) Investigation of activities.
The Commission is authorized, upon complaint or upon its own
initiative without complaint, to investigate and determine
whether any agreement previously approved by it under this
Section or terms and conditions upon which such approval was
granted, is not or are not in conformity with the standard,
set forth in subsection (1), or whether any such terms and
conditions are not necessary for purposes of conformity with
such standard, and, after such investigation, the Commission
shall by order terminate or modify its approval of such
agreement if it finds such action necessary to insure
conformity with such standard, and shall modify the terms and
conditions upon which such approval was granted to the extent
it finds necessary to insure conformity with such standard or to the
extent to which it finds such terms and conditions not necessary
to insure such conformity. The effective
date of any order terminating or modifying approval, or
modifying terms and conditions, shall be postponed for such
period as the Commission determines to be reasonably
necessary to avoid undue hardship.
(7) Hearings and orders.
No order shall be entered under this Section except after
interested parties have been afforded reasonable opportunity
for hearing.
(8) Exemption from State antitrust laws.
Parties to any agreement approved by the Commission under
this Section and other persons are, if the approval of such
agreement is not prohibited by subsection (3), (4), or (5),
hereby relieved from the operation of the antitrust laws with
respect to the making of such agreement, and with respect to
the carrying out of such agreement in conformity with its
provisions and in conformity with the terms and conditions
prescribed by the Commission.
(9) Other laws not affected.
Any action of the Commission under this Section in approving
an agreement, or in denying an application for such approval,
or in terminating or modifying its approval of an agreement,
or in prescribing the terms and conditions upon which its
approval is to be granted, or in modifying such terms and
conditions, shall be construed as having effect solely with
reference to the applicability of the relief provisions of
paragraph subsection (8) of this Section.
(Source: P.A. 101-81, eff. 7-12-19.)
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(625 ILCS 5/18c-4503) (from Ch. 95 1/2, par. 18c-4503)
Sec. 18c-4503.
Terminal Area Operations.
(1) Exemption From Rate Regulation. Except as provided in subsection
(2) of this Section, nothing contained in this Chapter shall be construed
to require any carrier engaged in the transportation of property by motor
vehicle between points wholly within a terminal area to comply with the
provisions of this Chapter with respect to the filing, publishing,
observance or enforcement of tariffs or schedules of rates with respect to
transportation wholly within any such area.
(2) Application of Section. Notwithstanding any contrary provisions
therein, the ratemaking provisions of subsection (1) of this Section shall
have no application to transportation of household goods, as defined in
Commission regulations, wholly within a county having a population of more
than 1,000,000.
(Source: P.A. 85-553.)
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(625 ILCS 5/Ch 18C Sub 4 Art VI heading) ARTICLE VI.
CAB CARDS AND IDENTIFIERS
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(625 ILCS 5/18c-4601) (from Ch. 95 1/2, par. 18c-4601)
Sec. 18c-4601. Cab Card and Identifier to be Carried and Displayed in Each
Vehicle.
(1) General Provisions.
(a) Carrying Requirement. Each motor vehicle used in | ||
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(b) Execution and Presentation Requirement. Such cab | ||
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(c) Deadlines for Execution, Carrying, and | ||
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(2) Interstate Compensated Intercorporate Hauling and
Single-Source Leasing.
The provisions of subsection (1) of this Section apply to
motor vehicles used in interstate compensated intercorporate
hauling or which are leased, with drivers, to private
carriers for use in interstate commerce, as well as to other
motor vehicles used in for-hire transportation upon the
public roads of this State. However, the Commission may:
(a) Exempt such carriers from the requirements of | ||
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(b) Subject any exemption to such reasonable terms | ||
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(c) Revoke any exemption granted hereunder if it | ||
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(Source: P.A. 102-538, eff. 8-20-21.)
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(625 ILCS 5/18c-4602) (from Ch. 95 1/2, par. 18c-4602)
Sec. 18c-4602.
Commission to Prescribe Cab Cards and Identifiers.
The Commission shall prescribe the cab cards and identifiers
required under Section 18c-4601 of this Chapter.
(Source: P.A. 85-553.)
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(625 ILCS 5/18c-4603) (from Ch. 95 1/2, par. 18c-4603)
Sec. 18c-4603. Issuance of Cab Cards and Identifiers. (1) Applications for Cards and Identifiers.
Applications for cab cards and identifiers shall be on forms
prescribed by the Commission and shall be accompanied by the
per vehicle franchise or franchise renewal fee prescribed by
the Commission.
(2) Expiration and Renewal of Cab Cards and Identifiers. Identifiers
issued by or under authority of the
Commission shall expire automatically on January 31 of each
year, or on such other date as the Commission may prescribe.
It shall be the responsibility of each carrier to insure that
the cab cards and identifiers in its vehicles are current.
(3) Issuance of Cards and Identifiers.
Applications and fees for cab cards and identifiers may be filed
with, and cards or identifiers may be issued by, the Commission or
its agent.
The Commission shall issue intrastate cab cards and identifiers and
interstate identifiers as proof of payment of franchise and franchise
renewal fees by licensed intrastate and registered interstate carriers.
Upon payment of the intrastate fee by a licensed intrastate motor carrier
of property, the Commission shall issue a current Illinois cab card with
identifier printed thereon. Upon payment of the interstate fee, the Commission shall issue
a current Illinois interstate identifier.
(Source: P.A. 94-760, eff. 1-1-07.)
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(625 ILCS 5/18c-4604) (from Ch. 95 1/2, par. 18c-4604)
Sec. 18c-4604.
Enforcement.
It shall be a violation of this Chapter, separate and apart from any
other violation, for a person to:
(1) Operate a vehicle without a current, executed cab card and
identifier as
required by this Article;
(2) Transfer a cab card and identifier to a
vehicle other than the
vehicle for which it was originally executed, except in
accordance with Commission regulations;
(3) Use a cab card and identifier issued to another carrier or permit the use of
a cab card by another carrier except in accordance with
Commission regulations; or
(4) Fail to present a cab card and identifier as required by this
Article.
(Source: P.A. 85-553.)
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(625 ILCS 5/Ch 18C Sub 4 Art VII heading) ARTICLE VII.
IDENTIFICATION OF CARRIERS
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(625 ILCS 5/18c-4701) (from Ch. 95 1/2, par. 18c-4701)
Sec. 18c-4701. Insignia on vehicles.
(1) General requirements to be prescribed by Commission. Except as
otherwise provided in this Section, no intrastate
carrier shall operate any motor vehicle upon the
public roads of this State unless there is painted or affixed to
both sides of the cab or power unit, in accordance with such specifications as
the Commission may prescribe, the trade name of the carrier as it
appears on the carrier's license or the carrier's recognized
logo, together with the license and registration number of the
carrier. Likewise, no interstate carrier shall operate any motor
vehicle upon the public roads of this State unless there is
painted or affixed to both sides of the cab or power unit, in accordance with
such specifications as the Commission may prescribe, the
registration or authority number of the carrier. However, except for a household goods carrier, an interstate carrier operating intrastate may operate a motor vehicle upon the public roads of this State without the intrastate authority number of the carrier painted or affixed to any side of the cab or power unit.
(2) Use of ICC-prescribed identification. Identifying information
prescribed by the Interstate Commerce Commission may be used in
satisfaction of requirements established under this Section, including
special orders granting a petition for waiver of Sections 1057.22(a) and
1057.22(c)(2) and (4), as they relate to equipment receipts, of the Lease
and Interchange of Vehicle Regulations (49 CFR 1057), in lieu of
numbers or symbols prescribed by the Commission.
(3) Identification of Trip Lessees. Notwithstanding any other
provision of this Section to the contrary, a motor vehicle trip leased in
accordance with this Chapter, Commission regulations and orders shall not
be required to bear the name and license number of the lessee if:
(a) the motor vehicle bears the name and license or | ||
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(b) the lessor and lessee are commonly-owned; and
(c) the vehicle carries a photocopy of a letter | ||
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(4) Rules not superseded. The authority of the Illinois Commerce
Commission to regulate the identification of motor vehicles of intrastate
and interstate carriers, engaged in the transportation of hazardous
materials, shall not supersede or replace the rules and regulations of the
Illinois Department of Transportation and Federal Motor Carrier Safety
regulations Part 390.21, as relates now or hereafter to the markings and
identification of such vehicles.
(5) Identification on vehicles under 9,000 pounds gross vehicle weight
(GVW). Vehicles with a gross vehicle weight (GVW) less than 9,000 pounds
may, in lieu of identification required under subsection (1) of this
Section display the trade name of the carrier as it appears on the
carrier's license or the carrier's recognized logo, together with the
license and registration number of the carrier in such manner as to be
clearly legible and visible from both sides of the vehicle at a distance of
25 feet, when the vehicle is not in motion, and in accordance with such
specifications as the Commission may prescribe.
(Source: P.A. 100-369, eff. 8-25-17.)
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(625 ILCS 5/18c-4702) (from Ch. 95 1/2, par. 18c-4702)
Sec. 18c-4702.
Identification of Carrier in Advertising,
Solicitation, and other Documents.
No carrier shall use in any advertising, solicitation,
correspondence, publication, or other document connected
with its transportation service
any name other than its name or trade name as it appears on the carrier's
license or registration. Each
advertisement, solicitation, correspondence, publication, or
other document shall
contain the carrier's license or registration
number unless otherwise provided in Commission regulations or orders.
(Source: P.A. 85-553.)
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(625 ILCS 5/Ch 18C Sb 4 Art VIII heading) ARTICLE VIII.
BILLS OF LADING
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(625 ILCS 5/18c-4801) (from Ch. 95 1/2, par. 18c-4801)
Sec. 18c-4801.
Rights, Obligations, and Liabilities.
The provisions of Sections 7-101, 7-102, 7-103, 7-104, 7-105,
7-301, 7-302, 7-303, 7-304, 7-305, 7-306, 7-307, 7-308, 7-309,
7-401, 7-402, 7-403, 7-404, 7-501, 7-502, 7-503, 7-504, 7-505,
7-506, 7-507, 7-508, 7-509, 7-601, 7-602, 7-603 of the "Uniform
Commercial Code", as amended, are adopted by reference to the
extent that they relate to bills of lading and the intrastate
transportation of property by a motor common carrier.
(Source: P.A. 84-796.)
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(625 ILCS 5/18c-4802) (from Ch. 95 1/2, par. 18c-4802)
Sec. 18c-4802.
Straight Bill of Lading.
A bill in which it is stated that the goods are consigned or
destined to a specific person is a straight bill.
(Source: P.A. 84-796.)
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(625 ILCS 5/18c-4803) (from Ch. 95 1/2, par. 18c-4803)
Sec. 18c-4803.
Order Bill of Lading.
A bill of lading in which it is stated that the goods are
consigned or destined to the order of any person named in such bill
is an order bill of lading. Any provision in such a bill or in
any notice, contract, regulation, or tariff that it is
nonnegotiable shall be null and void unless upon its face and in writing
such provision is agreed to by the shipper.
(Source: P.A. 84-796.)
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(625 ILCS 5/18c-4804) (from Ch. 95 1/2, par. 18c-4804)
Sec. 18c-4804.
Limitation of Liability.
The provisions of this Section respecting liability for full
actual loss, damage or injury, notwithstanding subsection 2 of
Section 7-309 of the "Uniform Commercial Code", as amended, do
not apply to property received for transportation concerning
which the carrier is expressly authorized or required by order of
the Commission to establish rates based on value declared in
writing by the shipper or agreed upon by the shipper, in writing,
as the released value of the property. Such declarations or
agreements have no other effect than to limit liability to an
amount not exceeding the value declared or released, and are not
in violation of this Chapter. A tariff containing such rates shall
contain specific reference to the Commission order authorizing
them.
(Source: P.A. 84-796.)
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(625 ILCS 5/18c-4805) (from Ch. 95 1/2, par. 18c-4805)
Sec. 18c-4805.
Other Remedies Available to Holder of Bill of
Lading Not Preempted.
This Article does not deprive any holder of a receipt or bill of
lading of any remedy or right of action had under existing law.
(Source: P.A. 84-796.)
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(625 ILCS 5/18c-4806) (from Ch. 95 1/2, par. 18c-4806)
Sec. 18c-4806.
Delivering Carrier Defined.
For the purposes of this Section the delivering carrier is the
carrier performing transportation service to or nearest to the
point of destination.
(Source: P.A. 84-796.)
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(625 ILCS 5/18c-4807) (from Ch. 95 1/2, par. 18c-4807)
Sec. 18c-4807.
Bill of Lading or Similar Documentation Required.
(1) General Requirements.
Except as provided in subsection (2) of this Section, every
motor common carrier of property shall be required to issue a
bill of lading and freight bill indicating the commodities
transported, weight thereof (where freight charges are
assessed by weight), the points of origin and destination of
such commodities, the consignor and consignee, and the charge
therefor. If the commodities are not delivered by the
originating carrier, the bill of lading or freight bill shall
indicate the point of interchange and the connecting carrier.
This Section shall not apply to motor contract carriers of
property.
(2) Exceptions.
(a) Simplified Documentation.
The Commission may prescribe simplified documentation to
be issued by classes of carriers where such requirements
would be less burdensome and would effectuate the
purposes of this Chapter. Simplified documentation shall be
prescribed for the following classes of carriers:
(i) Motor common carriers of shipments composed of
parcels weighing 100 pounds or less
and not exceeding 200 pounds from one
consignor to one consignee on one day;
(ii) Carriers of agricultural or dairy products, poultry,
eggs, or fruits;
(iii) Aggregate carriers; and
(iv) Messenger carriers; and
(v) Such other classes as the Commission may, from time
to time, determine.
(b) Supplementary Requirements.
The Commission may adopt supplementary requirements for
the issuance or carrying of documentation for household
goods carriers or other carriers where large numbers of
non-commercial shippers may be affected and such
documentation is necessary to effectuate the purposes of
this Chapter.
(c) Commodity descriptions for shipments weighing 10 pounds or less.
Where a shipment weighs ten pounds or less, except when it contains
dangerous articles or hazardous materials, the following may be used in
lieu of a commodity description: "Parcel 10 Pounds or Under".
(Source: P.A. 85-1407.)
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(625 ILCS 5/Ch 18C Sub 4 Art IX heading) ARTICLE IX.
SAFETY REGULATIONS FOR
MOTOR CARRIERS OF PROPERTY: INSURANCE
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(625 ILCS 5/18c-4901) (from Ch. 95 1/2, par. 18c-4901)
Sec. 18c-4901.
Insurance Coverage as a Prerequisite to Operations.
No motor carrier of property shall operate within this State
unless it has on file with the Commission or its agent proof of
continuous insurance or surety coverage in accordance with
Commission regulations.
(Source: P.A. 85-553.)
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(625 ILCS 5/18c-4902) (from Ch. 95 1/2, par. 18c-4902)
Sec. 18c-4902.
Commission to Set Insurance Coverage Limits and Establish Procedures.
The Commission shall prescribe the amounts of insurance or surety
coverage required as a minimum, the maximum allowable deductible limits,
procedures for the filing and rejection or return of filings, and such other
reasonable regulations regarding insurance or surety coverage as are
necessary to protect the travelling and shipping or receiving public.
(Source: P.A. 85-553.)
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(625 ILCS 5/18c-4903) (from Ch. 95 1/2, par. 18c-4903)
Sec. 18c-4903.
Implied Terms of Insurance Coverage.
Each certificate or other proof of insurance or surety coverage
shall have, as an implied term, that the insurance or surety
coverage will remain in effect continuously until notice of
cancellation is filed in accordance with Commission regulations, and
that all motor vehicles operated by or under authority of the
carrier will be covered, whether or not such vehicles have been
reported to the insurance, surety, or other company. Filing
proof of insurance with the Commission shall constitute
acceptance of this implied term, and such acceptance may not
thereafter be withdrawn except on withdrawal of all proof of insurance
or surety coverage.
(Source: P.A. 85-553.)
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(625 ILCS 5/18c-4904) (from Ch. 95 1/2, par. 18c-4904)
Sec. 18c-4904.
Liability to Be Covered by Insurance.
Insurance or surety under this Article shall cover the carrier's
liability for injury to persons and damage to property other than
cargo. Coverage shall, in the case of motor common carriers,
also extend to cargo damage.
(Source: P.A. 85-553.)
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(625 ILCS 5/18c-4905) (from Ch. 95 1/2, par. 18c-4905)
Sec. 18c-4905.
Self-insurance.
The Commission may exempt a carrier from the requirement of
Sections 18c-4901, 18c-4902, 18c-4903, and 18c-4904 of this Chapter
if it determines that the carrier has the financial ability to
pay for any and all damages the liability for which would
otherwise be assumed by an insurance or surety company under the
referenced sections. Each carrier so exempted shall file
periodic reports, at such intervals as the Commission shall specify,
showing its continuing ability to act as a self-insurer. The
Commission may rescind an exemption on 10 days' notice if
rescission appears necessary to protect the public.
Upon the granting or rescission of a self-insured status of a carrier by
the Commission, the Commission shall immediately notify, in writing, the
Illinois Department of Transportation of the name, address, and other
pertinent information required by the Department of Transportation
concerning the status of the carrier.
(Source: P.A. 84-1246.)
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(625 ILCS 5/Ch. 18C Sub-ch. 5 heading) SUB-CHAPTER 5.
SPECIAL PROVISIONS APPLICABLE
TO TRANSPORTATION OF PROPERTY
OVER PUBLIC ROADS
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(625 ILCS 5/Ch 18C Sub 5 Art I heading) ARTICLE I.
BROKERS
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(625 ILCS 5/18c-5101) (from Ch. 95 1/2, par. 18c-5101)
Sec. 18c-5101.
Unlawful Activities.
It shall be unlawful for any person:
(1) To act as a broker without a license in good standing
issued to it by the Commission;
(2) To act as a broker in violation of any provision of this Chapter,
Commission regulations and orders, or any other law
of this state;
(3) To act as a broker of any shipment which the person owns
or in which the person has a beneficial interest;
(4) To act as a broker of any shipment over which the person
is able to exercise control because the person acting as
a broker owns or controls the shipper, the shipper owns
or controls the person acting as a broker, or there is a
common ownership or control of the two;
(5) Which is also a broker to act or represent itself as a
shipper in dealing with a common or contract carrier of
property by motor vehicle;
(6) To act as a broker in connection with transportation by
a person other than an authorized common or contract
carrier of property by motor vehicle, unless the carrier
does not require authorization to transport the
shipment;
(7) To act as a broker in connection with transportation at
other than lawfully applicable rates for the motor
carrier service;
(8) To act as a broker in any name other than that which
appears on its Commission license;
(9) To act as a broker without fully disclosing its
brokering status;
(10) To provide transportation service with regard to freight
for which it was the broker;
(11) To receive any compensation for brokering services other
than a fee assessed to the shipper or, alternatively, to
the carrier, in addition to freight charges at lawfully
applicable rates for the motor carrier service;
(12) To advertise, offer, or give anything of value to a
shipper, consignor, or consignee, other than inexpensive
promotional items; or
(13) Act as a broker of household goods.
(Source: P.A. 84-796.)
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(625 ILCS 5/18c-5102) (from Ch. 95 1/2, par. 18c-5102)
Sec. 18c-5102.
Licensing of Brokers.
(1) Procedures for Issuing Brokers' Licenses.
The Provisions of Article II of Sub-chapter 4 of this Chapter
which govern the form and manner of filing of applications
for authority, notice to be given to the public, and hearing,
shall likewise govern the issuance of a brokers' license.
(2) Standards for Review of Brokers' License Applications.
The Commission shall issue a license authorizing a person to
act as a statewide broker of general commodities where:
(a) The person has properly filed an application on forms
prescribed by the Commission;
(b) The person has remitted the filing fee prescribed by the
Commission;
(c) The person has filed proof of bond or insurance as
required by Commission regulations; and
(d) The Commission has determined that the person is fit,
willing, and able to;
(i) Act as a statewide broker of general commodities as
authorized by the license; and
(ii) Comply with provisions of this Chapter, Commission
regulations and orders.
Otherwise, the application shall be denied.
(3) Suspension or Revocation of Brokers' Licenses.
If at any time the Commission determines after notice and
hearing that the holder of a broker's license is not fit,
willing, or able to continue to act as a broker, the
Commission may suspend or revoke the license.
(Source: P.A. 84-796.)
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(625 ILCS 5/18c-5103) (from Ch. 95 1/2, par. 18c-5103)
Sec. 18c-5103.
The Fitness Standard.
A person shall be rebuttably presumed unfit to act or to continue
to act as a broker if:
(1) The person has violated any provision of this Chapter, Commission
regulations or orders, or any other law governing its
activities as a broker;
(2) The person has violated any fiduciary or other obligation
with regard to transmittal of monies, bills, or other matters
entrusted to it as broker; or
(3) The person is applying for a broker's license and any other
person the ownership, management, or control of which is or
was in substantial identity with the applicant has committed
an act of the type described in (1) or (2), above.
The Commission may consider any relevant facts in determining
whether a person is fit to act or to continue to act as a broker,
or whether any presumption which arises under this Section has
been rebutted.
(Source: P.A. 84-796.)
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(625 ILCS 5/18c-5104) (from Ch. 95 1/2, par. 18c-5104)
Sec. 18c-5104.
Transfer of Brokers' Licenses.
(1) Transfer of Brokers' Licenses Permitted.
A broker's license may be transferred, with Commission
approval, under the conditions specified in this Section and
in accordance with such regulations as the Commission may
prescribe.
(2) Procedures for Transferring Brokers' Licenses.
The provisions of Article III of the Sub-chapter 4 of this Chapter that
define a transfer and which govern the form and
manner of filing of applications for approval of the transfer
of a motor carrier of property license, notice to be given to
the public, and hearing, shall likewise govern the transfer
of a broker's license.
(3) Standards for Review of Transfer Applications.
The Commission shall grant an application for authority to
transfer a broker's license where:
(a) The application was properly filed on forms prescribed
by the Commission;
(b) The person has remitted the filing fee prescribed by the
Commission; and
(c) The transferee is fit, willing, and able under the terms
of Section 18c-5103 of this Chapter.
Otherwise, the application shall be denied.
(Source: P.A. 84-796.)
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(625 ILCS 5/18c-5105) (from Ch. 95 1/2, par. 18c-5105)
Sec. 18c-5105.
Bonds and Insurance.
The Commission may prescribe for brokers such requirements
regarding bonds, insurance, and the terms of coverage thereof, as
the Commission determines are needed to protect carriers,
shippers, consignors, and consignees of freight with respect to which
brokering service is provided. Unless otherwise provided by the
Commission, such requirements shall be the same as are applicable
to property brokers under the Interstate Commerce Act and
regulations adopted thereunder.
(Source: P.A. 84-796.)
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(625 ILCS 5/18c-5106) (from Ch. 95 1/2, par. 18c-5106)
Sec. 18c-5106.
Records of Brokers.
(1) Records to be Kept by Brokers.
A broker shall keep a record of each transaction which shows:
(a) The name, address, and license number of the motor
carrier or carriers;
(b) The name and address of the shipper, consignor, and
consignee;
(c) The Bill of Lading or freight bill number;
(d) The amount of compensation received by the broker for
brokering service, and the identity of the payor;
(e) A description of any non-brokering service provided in
connection with each shipment or other activity, the
amount of compensation received for such non-brokering
service, and the identity of the payor;
(f) The amount of any freight charges collected by the
broker, the date on which such charges were paid over to
the carrier, and the amount of payment to the carrier;
and
(g) Any other information which the Commission may
prescribe.
(2) Maintenance of Records.
Records required to be kept under this Section shall be
maintained at an office within the State of Illinois, unless
maintenance of an office outside the State of Illinois is
expressly authorized by the Commission, and shall be
maintained for a period of 3 years after the date on
which the shipment was delivered.
(3) Accounting.
Each broker which engages in other business shall maintain
accounts so that the brokering portion of its business or businesses is
segregated from its other activities.
(Source: P.A. 84-796.)
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(625 ILCS 5/18c-5107) (from Ch. 95 1/2, par. 18c-5107)
Sec. 18c-5107.
Brokers and Motor Carrier Applications.
A Broker shall not have standing to support any application for
motor carrier of property authority.
(Source: P.A. 84-796.)
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(625 ILCS 5/Ch 18C Sub 5 Art II heading) ARTICLE II.
RESOLUTION OF HOUSEHOLD GOODS DISPUTES
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(625 ILCS 5/18c-5201) (from Ch. 95 1/2, par. 18c-5201)
Sec. 18c-5201.
Application of Article.
The provisions of this Article apply to the collect-on-delivery
transportation of household goods for non-commercial use where:
(1) The dispute relates to the propriety of charges for services
rendered or loss of or damage to lading from the loading,
unloading, or transportation thereof;
(2) The movement to which the dispute relates was between points
in the State of Illinois; or
(3) Either the movement was made under authority issued by the
Commission or the movement was such that it could have been
lawfully made only under authority issued by the Commission.
(Source: P.A. 84-796.)
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(625 ILCS 5/18c-5202) (from Ch. 95 1/2, par. 18c-5202)
Sec. 18c-5202.
Commission to prescribe dispute resolution procedures.
(1) Within 180 days after the effective date of this amendatory Act of 1995,
the Commission shall propose rules specifying the procedures by which disputes
between carriers and shippers to which this Sub-chapter is applicable will be
resolved. Upon adoption, the rules will be applicable to all household goods
carriers.
(2) Standards for dispute resolution procedures. The rules adopted by the
Commission
shall be calculated to provide for the objective, expeditious, and inexpensive
resolution of household goods disputes, and shall include, without limitation,
provisions dealing with: the location of any required hearings; required
notifications; whether participation in a dispute resolution procedure is
mandatory; and how the fees and costs of the procedures shall be distributed.
To the extent authorized by Commission rules, procedures adopted under
this Article may specify that dispute resolution services will be provided by
the Commission, and in accordance with procedural rules adopted by the
Commission.
(3) Grounds for Resolution of Household Goods Disputes.
A dispute under this Article shall be resolved adverse to the
carrier if:
(a) The carrier assessed a rate not contained in a | ||
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(b) The carrier failed to fully apprise the shipper, | ||
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(c) Damages to lading occurred during the loading, | ||
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(Source: P.A. 89-444, eff. 1-25-96.)
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(625 ILCS 5/18c-5203) (from Ch. 95 1/2, par. 18c-5203)
Sec. 18c-5203.
Award of Attorneys Fees.
(1) Award to Complaining Shipper.
In any court action to resolve a dispute within the scope of
this Article, the court shall award reasonable attorney's
fees to the complaining shipper if:
(a) The shipper submitted a claim to the carrier | ||
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(b) The shipper prevailed in the court action; and
(c) Either:
(i) No certified private dispute resolution | ||
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(ii) (Blank).
(iii) The court action was to enforce a timely | ||
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(2) Award to carrier.
In any court action to resolve a dispute within the scope of
this Article, the court may award reasonable attorney's fees
to the carrier if the shipper brought the action in bad faith
after submitting the dispute for resolution under the dispute resolution
procedures specified by the Commission.
(Source: P.A. 89-444, eff. 1-25-96.)
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(625 ILCS 5/18c-5204) (from Ch. 95 1/2, par. 18c-5204)
Sec. 18c-5204.
Investigation of Practices of Household Goods
Carriers.
The Commission may, on its own motion or on complaint, conduct an
investigation to determine whether a household goods carrier has,
with or without the license required under Sub-chapter 4 of this Chapter,
engaged in a pattern or practice of underestimating freight
charges for household goods shipments, or has otherwise violated
provisions of this Chapter, Commission regulations or orders, and may
invoke any or all sanctions provided for in Article VII of
Sub-chapter 1 of this Chapter against the carrier if such a pattern or
practice,
or any other violation, is found to have occurred.
(Source: P.A. 90-89, eff. 1-1-98.)
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(625 ILCS 5/18c-5205) (from Ch. 95 1/2, par. 18c-5205)
Sec. 18c-5205.
Applicability of Article.
This Article applies to
disputes arising from transactions which occur at least 180 days after the
effective date of this amendatory Act of 1985.
(Source: P.A. 84-796.)
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(625 ILCS 5/Ch 18C Sub 5 Art III heading) ARTICLE III.
NON-RELOCATION TOWING
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(625 ILCS 5/18c-5301) (from Ch. 95 1/2, par. 18c-5301)
Sec. 18c-5301.
Application of Article.
The provisions of this Article
shall apply to non-relocation towing. Where the provisions of this
Article conflict with any other provisions in this Chapter, the
provisions of this Article shall govern.
(Source: P.A. 84-1311.)
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(625 ILCS 5/18c-5302) (from Ch. 95 1/2, par. 18c-5302)
Sec. 18c-5302.
Commission to Adopt Special Rules.
(1) General Provisions. The Commission shall, within 180 days after the
effective date of this Article, have finally adopted special forms and
regulations applicable to non-relocation towing. Such regulations shall
encompass definitions of terms, licensing, ratemaking, record-keeping,
insurance or surety coverage, fees, and such other provisions as are necessary
to effectuate the purposes of this Article. Such regulations shall be
consistent with the provisions of this Article and shall implement such
provisions with regard to non-relocation towing in a manner which recognizes
the special circumstances and conditions which pertain to non-relocation towing
as distinguished from other forms of motor carriage of property.
(2) Towing at Owner's Request. The Commission shall, within 60 days from
July 1, 1988, adopt rules in accordance with Section 5-50 of the Illinois
Administrative Procedure Act which implement the provisions of this Chapter
dealing with the exemption of non-relocation towing at the request of the
vehicle owner.
(Source: P.A. 88-45.)
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(625 ILCS 5/18c-5303) (from Ch. 95 1/2, par. 18c-5303)
Sec. 18c-5303.
The Fitness Test.
(1) Prima Facie Evidence of Applicant Fitness in Licensing Cases.
Applicants for non-relocation towing licenses may establish a prima facie
showing of fitness by the following evidence:
(a) A summary statement of net worth;
(b) A listing of applicant's drivers and any persons who assist or supervise drivers;
(c) A description of equipment to be used in providing service under the license;
(d) A statement that the applicant has not:
(i) Been convicted, during the 2 years immediately preceding the filing
of the application, of a felony involving theft of property, violence to
persons, or criminal damage to property; or
(ii) Been convicted, during the year immediately preceding the filing of
the application, of safety violations on 3 or more occasions in which its
vehicle or vehicles were taken out of service, or which otherwise show the
applicant to be unfit;
(e) A statement that the applicant does not and will not employ or lease
any driver, or any person who will assist or supervise drivers, who has
been convicted, during the applicable time frames, of the foregoing violations;
(f) A statement that the applicant does not and will not employ or lease
any driver who does not hold a valid classified driver's license to operate a tow truck;
(g) A statement that the applicant is familiar with and will comply with
the provisions of this Chapter, Commission regulations and orders; and
(h) Proof of insurance in compliance with Commission regulations and orders.
(2) Prima Facie Evidence of Licensee Fitness in Enforcement Cases. The
respondent in a proceeding to consider whether to suspend or revoke a
license authorizing non-relocation towing or to impose other sanctions on
grounds of unfitness may establish a prima facie showing of fitness in the
manner provided in subsection (1) of this Section.
(3) Rebuttal of Prima Facie Showing of Fitness. A prima facie showing
of applicant or licensee fitness may be rebutted by other evidence of
record, either from the applicant or otherwise.
(Source: P.A. 84-1311.)
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(625 ILCS 5/18c-5304) (from Ch. 95 1/2, par. 18c-5304)
Sec. 18c-5304.
The Public Need/Public Convenience and Necessity Test.
Applicants for non-relocation towing licenses may establish, and other
parties may rebut, a prima facie showing of public need/public convenience and
necessity by the following evidence:
(1) Existing Towing Companies.
(a) Evidentiary Standard.
Any person engaged in non-relocation towing between July 1, 1985 and
January 1, 1986 may establish a prima facie showing of public convenience
and necessity to the extent of such operations by submitting a statement:
(i) Affirming that the person was engaged in non-relocation during the
foregoing time period; and
(ii) Describing its operations during such period.
(b) Extent of Existing Operations. The extent of the applicant's operations shall
be presumed to encompass non-relocation towing within the following
territory, unless otherwise shown on the record:
(i) Movements within a 50 mile radius of the applicant's principal place
of business in Illinois; and
(ii) Movements from points within the foregoing radius to points in
Illinois, and vice versa.
(c) Deadline for Filing Applications. Applications under this
subsection must be filed within 9 months after the effective date of this
amendatory Act of 1986, or by July 1, 1987, whichever is later.
(2) New Towing Companies and Extension of Existing Company Operations.
Applications for non-relocation towing licenses need not be supported by
shippers intending to use the carrier's service if other evidence of public
need/public convenience and necessity is offered by carrier witnesses,
non-carrier witnesses from other than
shippers intending to use the carrier's service, or others.
(3) Rebuttal of Prima Facie Showing of Public Need/Public Convenience and Necessity.
A prima facie showing of public need/public convenience and necessity may be rebutted
by other evidence of record, either from the applicant or otherwise.
(Source: P.A. 84-1311.)
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(625 ILCS 5/18c-5305) (from Ch. 95 1/2, par. 18c-5305)
Sec. 18c-5305.
Hearings in Non-Relocation Towing Authority Cases.
(1) Hearings on Fitness Required. Hearings on applications for
non-relocation towing licenses shall be governed by the provisions of
Section 18c-2101 of this Code, with regard to the issue of fitness; and by
the provisions of subsection (2) of Section 18c-2102 of this Code, with
regard to the issue of public need/public convenience and necessity. Hearings
in other
non-relocation towing cases shall be governed by the provisions of Section
18c-2102 of this Code.
(2) Setting and Conduct of Licensing Hearings.
(a) Regional Hearings. Hearings on applications for non-relocation
towing licenses shall be consolidated and conducted regionally for the
convenience of the parties. Where practicable:
(i) Hearings shall be conducted at a location not more than 50 miles
from the principal place of the applicant's business;
(ii) The Commission shall schedule joint hearings at each regional location.
(b) Scheduling of Hearings. Hearings on applications for non-relocation
towing licenses shall be scheduled and concluded so as to minimize
inconvenience to the parties. Where practicable, hearings on an
application shall be concluded in a single day, unless:
(i) Continuance is required for the applicant to produce evidence of its fitness; or
(ii) A petition for leave to intervene in opposition is properly filed and granted.
(Source: P.A. 84-1311.)
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(625 ILCS 5/18c-5306) (from Ch. 95 1/2, par. 18c-5306)
Sec. 18c-5306.
Denial, Suspension, or Revocation of Licenses.
If, at
any time during or after adjudication of a non-relocation towing license
application, there exists an issue with regard to the fitness of the
applicant, the Commission may suspend any temporary license granted to the
applicant. If the
applicant is not shown to be fit, the Commission shall revoke the temporary
license and deny the application for a permanent license. If, at any time
subsequent to the grant of a permanent license, the holder is determined to
be unfit, the Commission shall suspend or revoke the license. Suspension
or revocation shall be after notice and hearing, absent waiver of same by
respondent, as provided for other than motor carrier of property authority
cases under Section 18c-2102 of this Code.
(Source: P.A. 84-1311.)
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(625 ILCS 5/18c-5307) (from Ch. 95 1/2, par. 18c-5307)
Sec. 18c-5307.
False Statements by Applicant.
Any false statement of
a material fact by an applicant shall be grounds for denial or revocation of a license.
(Source: P.A. 84-1311.)
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(625 ILCS 5/18c-5308) (from Ch. 95 1/2, par. 18c-5308)
Sec. 18c-5308.
Intervention in Opposition to Non-Relocation Towing
applications.
(1) Filing Fee for Petitions for Leave to Intervene in Opposition. The
Commission shall prescribe a filing fee of not less than $100 for each
petition for leave to intervene in opposition in a non-relocation towing
authority case.
(2) Standing to Participate and Intervene. Any person with evidence
relating to the fitness of an applicant for a non-relocation towing license
may be permitted, at the discretion of the examiner, to present such
evidence at hearing. The provisions of paragraph (a) of subsection (2) of
Section 18c-2106 of this Code shall not apply to persons filing petitions
for leave to intervene in opposition to non-relocation towing license
applications, unless the issue of public need/public convenience and necessity
is
controverted by such persons at hearing.
(Source: P.A. 84-1311.)
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(625 ILCS 5/18c-5309) (from Ch. 95 1/2, par. 18c-5309)
Sec. 18c-5309.
Ratemaking.
Unless otherwise specified in the tariff,
rates applicable to non-relocation towing shall be the maximum rates which
may be charged by carriers participating in the tariff for such service.
(Source: P.A. 84-1311.)
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(625 ILCS 5/18c-5310) (from Ch. 95 1/2, par. 18c-5310)
Sec. 18c-5310.
Insurance.
(1) Implied Garagekeeper's Liability. The filing of a form E
certificate of insurance shall constitute a representation by the insurance
company that the underlying insurance policy includes, with regard to
non-relocation towing, liability for damage to vehicles in
the custody of the non-relocation towing company, whether in transit or
otherwise, in an amount not less than the amount of cargo insurance
required under Commission regulations and orders, unless otherwise
specified by the insurance company on the form E certificate of liability insurance.
(2) Filing Proof of Cargo Insurance. Except where the form E
certificate of liability insurance indicates, in accordance with subsection
(1) of this Section, that garagekeeper's liability
is not covered by the underlying policy of insurance, a non-relocation
towing company shall not
be required to file proof of cargo insurance for the transportation of vehicles.
(Source: P.A. 84-1311.)
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(625 ILCS 5/Ch. 18C Sub-ch. 6 heading) SUB-CHAPTER 6.
MOTOR CARRIERS OF PASSENGERS
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(625 ILCS 5/Ch 18C Sub 6 Art I heading) ARTICLE I.
GENERAL PROVISIONS GOVERNING
MOTOR CARRIERS OF PASSENGERS
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(625 ILCS 5/18c-6101) (from Ch. 95 1/2, par. 18c-6101)
Sec. 18c-6101.
Scope of Commission Jurisdiction.
Except as provided in Section 18c-6102 of this Chapter, the
jurisdiction of the Commission shall extend to all motor carriers of
passengers operating within the State of Illinois.
(Source: P.A. 84-796.)
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(625 ILCS 5/18c-6102) (from Ch. 95 1/2, par. 18c-6102)
Sec. 18c-6102.
Exemptions From Commission Jurisdiction.
The provisions of this Sub-chapter shall not, except as provided
in Section 18c-6501 of this Chapter, apply to:
(1) carriers owned by any political subdivision, school district,
institution of higher education, or municipality, and operated either by
such political subdivision, institution of higher education, or
municipality or its lessee or agent;
(2) commuter vans as defined in this Code;
(3) carriers transporting passengers without fixed routes or
schedules and charging on a time or distance basis, including
taxicabs, charter operations, and contract bus operations;
(4) carriers transporting passengers with fixed routes and schedules
and charging on a per passenger fixed charge basis and which do not include
an airport as a point to be served on the route, in whole or in part;
(5) transportation in vehicles with a manufacturer's rated
seating capacity of less than 8 persons, including the
driver;
(6) transportation subject to the Ridesharing Arrangements Act;
(7) commuter buses offering short-haul for-hire regularly scheduled
passenger transportation service within metropolitan and suburban areas,
over regular routes with fixed schedules, and utilized primarily by
passengers using reduced-fare, multiple-ride, or commutation tickets during
morning and evening peak periods in travelling to and from their places of
employment; and
(8) those persons owning and operating school buses, as defined in this
Code, and regulated by other provisions of this
Code.
(Source: P.A. 90-407, eff. 8-15-97; 91-357, eff. 7-29-99.)
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(625 ILCS 5/18c-6103) (from Ch. 95 1/2, par. 18c-6103)
Sec. 18c-6103.
Unlawful Operations.
Except as provided in Article I of this Sub-chapter, and subject
to the provisions stated herein, no person shall:
(1) Operate as a motor carrier of passengers unless the person
possesses a valid license authorizing such operations.
(2) Provide service at rates other than those contained in
lawfully applicable tariffs for such service;
(3) Otherwise operate as a motor carrier of passengers in
violation of any provision of this Chapter, Commission regulations
and orders, or any other law of this state; or
(4) Aid or abet any other person in a violation of this Chapter,
Commission regulations or orders, by soliciting or receiving,
or by compensating service from a person not authorized to
provide such service, or at other than lawful rates for such
service, or otherwise.
(Source: P.A. 84-796.)
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(625 ILCS 5/Ch 18C Sub 6 Art II heading) ARTICLE II.
LICENSING
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(625 ILCS 5/18c-6201) (from Ch. 95 1/2, par. 18c-6201)
Sec. 18c-6201.
Requirements for issuance of licenses.
(1) General
requirements. Except as provided in subsection (2) of this Section, the
Commission shall grant an application for a motor carrier of
passengers license, in whole or in part, to the extent that
it finds that the application was properly filed, a need for
the proposed service exists, the applicant if fit, willing,
and able to provide the service in compliance with this Chapter,
Commission regulations and orders, absent a showing that
issuance of the license would be inconsistent with the public
interest. Otherwise, the application shall be denied. In
determining whether issuance of a motor carrier of passengers
license would be inconsistent with the public interest, the
Commission shall consider:
(a) the value of competition which would result from | ||
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(b) the effect of issuance on motor carrier of | ||
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(c) the effect of issuance on the ability of any | ||
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(d) any other factor relevant to the public interest.
(2) Motor carriers of passengers providing service to or from
airports. The Commission shall grant an application for a motor carrier
of passengers license authorizing service along any route
where an airport is a point to be served on the route, in
whole or in part, to the extent that it finds that the
application was properly filed, a need for the proposed
service exists, the applicant is fit, willing, and able to
provide the service in compliance with this Chapter, Commission
regulations and orders, and the public convenience and
necessity requires issuance of the license. Otherwise, the
application shall be denied. The provisions of this
subsection shall be construed to impose the same entry
requirements as were previously applicable under Section 55
of "An Act concerning public utilities", approved June
29, 1921, as amended.
(Source: P.A. 85-553.)
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(625 ILCS 5/18c-6202) (from Ch. 95 1/2, par. 18c-6202)
Sec. 18c-6202.
Other Provisions Relating to Licensing and
Registration.
Provisions in Articles II, III, and IV of Sub-chapter 4 of this Chapter,
governing the suspension, revocation, and transfer of motor
carrier of property licenses, the registration of interstate
motor carriers of property shall likewise govern motor carriers of passengers as if
all references therein were to motor carriers of passengers.
(Source: P.A. 85-553.)
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(625 ILCS 5/Ch 18C Sub 6 Art III heading) ARTICLE III.
ADDITION, CHANGE, REDUCTION, OR
DISCONTINUANCE OF SCHEDULED MOTOR BUS SERVICE
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(625 ILCS 5/18c-6301) (from Ch. 95 1/2, par. 18c-6301)
Sec. 18c-6301.
General Provisions.
No motor common carrier of passengers shall add to, change,
reduce, or discontinue service to any point along a route over
which the carrier is authorized to provide intrastate service,
except in accordance with the provisions of this Article.
(Source: P.A. 85-553.)
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(625 ILCS 5/18c-6302) (from Ch. 95 1/2, par. 18c-6302)
Sec. 18c-6302.
Definitions.
The following terms, when used in this Article,
shall have the hereinafter designated meanings.
(1) "Addition" to service means the institution of new
scheduled service.
(2) "Change" in service means a change in the time or times of
scheduled service which does not constitute a reduction or
discontinuance of service.
(3) "Reduction" of service means any reduction in the level of
scheduled service which does not constitute discontinuance of
the carrier's service.
(4) "Discontinuance" of service means total discontinuance of
service to any point along a route over which the carrier is
authorized to provide service or reduction in the level of
service to any such point to less than one round trip per
weekday (Monday through Friday).
(Source: P.A. 90-655, eff. 7-30-98.)
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(625 ILCS 5/18c-6303) (from Ch. 95 1/2, par. 18c-6303)
Sec. 18c-6303.
Schedule Changes and Reductions in Service.
Any motor common carrier of passengers may add to, change, or
reduce the level of its service to any point along a route over
which the carrier is authorized to provide service, provided that
the addition, change or reduction does not constitute
discontinuance of service to any point along a route over which the carrier
is authorized to serve, after the carrier has served notice in
accordance with Commission regulations adopted pursuant to this
Article, and without prior authorization.
(Source: P.A. 84-796.)
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(625 ILCS 5/18c-6304) (from Ch. 95 1/2, par. 18c-6304)
Sec. 18c-6304.
Discontinuances.
No motor common carrier of passengers shall discontinue service
to any point along a route over which the carrier is authorized
to provide service except in accordance with provisions of
Section 18c-6305 of this Chapter.
(Source: P.A. 84-796.)
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(625 ILCS 5/18c-6305) (from Ch. 95 1/2, par. 18c-6305)
Sec. 18c-6305.
Prior Notice and Petition for Authorization.
(1) Annual and Amended Lists of Points Under Consideration for
Discontinuance.
By March of each calendar year, each motor carrier of
passengers shall submit to the Commission a list of routes and
points which it is authorized to serve which the carrier has
under consideration for discontinuance within the following
12 months. A carrier may amend its list on the
1st day of each subsequent month.
(2) Notice of Intent to Discontinue.
Not less than 30 days after a point appears on a
list of points under consideration for discontinuance, the
carrier may serve on the Commission the carrier's Notice of
Intent to discontinue service. Such notice shall be for the
purpose of alerting the Commission and allowing a period of
time during which alternatives to discontinuance, or
alternative service, may be explored.
(3) Petitions to Discontinue.
Not less than 60 nor more than 90 days after
the filing of a Notice of Intent to discontinue, the carrier
may formally propose discontinuance by filing in accordance
with such requirements as to form and content as the
Commission may prescribe. The Commission may investigate the
proposal, and may suspend the discontinuance pending the
outcome of the investigation for a period not to exceed
90 days from the date the proposal is filed. The
Commission shall determine, after considering the public need
for service, revenues (both those which have been received
and those which might be received, by subsidy or otherwise)
and variable costs associated with the service, and the
availability of reasonable alternative transportation service
whether the public convenience and necessity requires
continuation of the service proposed to be discontinued. If
the Commission determines that the public convenience and
necessity requires continuation, it shall so order;
otherwise, the proceeding shall be dismissed.
(4) Waiver or Notice.
Prior notice requirements under this Section may be waived
for good cause or where the carrier has made substantial
compliance with such prior notice requirements or compliance
is not necessary to effectuate the purposes of this Chapter.
(Source: P.A. 84-796.)
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(625 ILCS 5/Ch 18C Sub 6 Art IV heading) ARTICLE IV.
RATEMAKING
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(625 ILCS 5/18c-6401) (from Ch. 95 1/2, par. 18c-6401)
Sec. 18c-6401.
Ratemaking.
The Commission may exercise, with respect to rate regulation of
motor carriers of passengers, any and all power which it may
exercise with respect to rate regulation of motor carriers of
property. Motor carriers of passengers shall be in all respects
subject to provisions of this Chapter governing ratemaking for motor
carriers of property, except as provided in 49 U.S. Code
11501(e).
(Source: P.A. 84-796.)
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(625 ILCS 5/Ch 18C Sub 6 Art V heading) ARTICLE V.
SAFETY REQUIREMENTS FOR
MOTOR CARRIERS OF PASSENGERS
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(625 ILCS 5/18c-6501) (from Ch. 95 1/2, par. 18c-6501)
Sec. 18c-6501.
Hours of Service for Drivers.
No motor carrier of passengers shall operate any vehicle with a
manufacturer's rated seating capacity of more than 8
persons, including the driver, except in compliance with federal
hours of service regulations codified at 49 Code of Federal
Regulations Part 395, Hours of Service of Drivers, as amended.
(Source: P.A. 84-796.)
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(625 ILCS 5/18c-6502) (from Ch. 95 1/2, par. 18c-6502)
Sec. 18c-6502. Report and investigation of crashes. (1) Reports.
Every motor carrier of passengers shall report to the
Commission, by the speediest means possible, whether telephone,
telegraph, or otherwise, every crash involving its
equipment which resulted in loss of life to any person. In
addition to reports required to be filed with the Department of
Transportation, under Article IV of Chapter 11 and Chapter 7 of this
Code, such carrier shall file a written report with the
Commission, in accordance with regulations adopted hereunder,
of any crash which results in injury or loss of life to
any employee, or damage to the person or property of any
member of the public. The Commission and the Department of
Transportation may adopt, by
reference, such state or federal reporting requirements as
will effectuate the purposes of this Section and promote
uniformity in bus crash reporting.
(2) Investigations.
The Commission and the Department of Transportation may investigate any
bus crash reported to
it or of which it acquires knowledge independent of reports
made by motor carriers of passengers, and shall have the
power to enter such orders and adopt such regulations as will
minimize the risk of future crashes.
(Source: P.A. 102-982, eff. 7-1-23.)
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(625 ILCS 5/18c-6503) (from Ch. 95 1/2, par. 18c-6503)
Sec. 18c-6503.
Insurance.
The provisions of Article IX of Subchapter 4
of this Chapter regarding insurance for motor carriers of property shall
apply to motor carriers of passengers subject to the jurisdiction of the
Commission under this Subchapter as if all references in Article IX were to
motor carriers of passengers.
(Source: P.A. 84-1025.)
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(625 ILCS 5/Ch. 18C Sub-ch. 7 heading) SUB-CHAPTER 7
RAIL CARRIERS.
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(625 ILCS 5/Ch 18C Sub 7 Art I heading) ARTICLE I.
JURISDICTION OVER RAIL CARRIERS.
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(625 ILCS 5/18c-7101) (from Ch. 95 1/2, par. 18c-7101)
Sec. 18c-7101.
Jurisdiction Over Rail Carriers.
The jurisdiction of the
Commission under this Sub-chapter shall be exclusive and shall extend to
all intrastate and interstate rail carrier operations within this State,
except to the extent that its jurisdiction is preempted by valid provisions
of the Staggers Rail Act of 1980 or other valid federal statute, regulation, or
order.
(Source: P.A. 85-406.)
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(625 ILCS 5/Ch 18C Sub 7 Art II heading) ARTICLE II.
REGISTRATION AND SERVICES
OF RAIL CARRIERS
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(625 ILCS 5/18c-7201) (from Ch. 95 1/2, par. 18c-7201)
Sec. 18c-7201.
Registration as a Rail Carrier.
(1) General Provisions.
Except as provided in subsection (2) of this Section, no
person shall operate as a rail carrier, and no person shall
begin or continue construction of any track or other
facilities, other than the repair or replacement of existing
plant, for use in operations as a rail carrier unless such
person has registered with the Commission as a rail carrier.
(2) Exceptions.
Each rail carrier operating within the State of Illinois on
the effective date of this Chapter shall automatically be deemed,
as of that date, to have registered as a rail carrier for
purposes of this Section. Such constructive registration
shall expire on the 180th day after the effective date of this amendatory Act of 1985.
(Source: P.A. 84-796.)
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(625 ILCS 5/18c-7202) (from Ch. 95 1/2, par. 18c-7202)
Sec. 18c-7202.
Duties and Obligations of Rail Carriers.
Each rail carrier shall provide adequate service to the public at
reasonable rates and without discrimination.
(Source: P.A. 84-796.)
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(625 ILCS 5/18c-7203) (from Ch. 95 1/2, par. 18c-7203)
Sec. 18c-7203.
(Repealed).
(Source: P.A. 84-796. Repealed by P.A. 90-257, eff. 7-30-97.)
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(625 ILCS 5/Ch 18C Sub 7 Art III heading) ARTICLE III.
RATEMAKING
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(625 ILCS 5/18c-7301) (from Ch. 95 1/2, par. 18c-7301)
Sec. 18c-7301.
(Repealed).
(Source: P.A. 84-796. Repealed by P.A. 90-257, eff. 7-30-97.)
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(625 ILCS 5/18c-7302) (from Ch. 95 1/2, par. 18c-7302)
Sec. 18c-7302.
(Repealed).
(Source: P.A. 84-796. Repealed by P.A. 90-257, eff. 7-30-97.)
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(625 ILCS 5/Ch 18C Sub 7 Art IV heading) ARTICLE IV.
SAFETY REQUIREMENTS FOR RAIL CARRIERS
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(625 ILCS 5/18c-7401) (from Ch. 95 1/2, par. 18c-7401)
Sec. 18c-7401. Safety requirements for track, facilities, and
equipment.
(1) General Requirements. Each rail carrier shall, consistent with rules,
orders, and regulations of the Federal Railroad Administration, construct,
maintain, and operate all of its equipment, track, and other property in this
State in such a manner as to pose no undue risk to its employees or the person
or property of any member of the public.
(2) Adoption of Federal Standards. The track safety standards and
accident/incident standards promulgated by the Federal Railroad Administration
shall be safety standards of the Commission. The Commission may, in addition,
adopt by reference in its regulations other federal railroad safety standards,
whether contained in federal statutes or in regulations adopted pursuant to
such statutes.
(3) Railroad Crossings. No public road, highway, or street shall hereafter
be constructed across the track of any rail carrier at grade, nor shall the
track of any rail carrier be constructed across a public road, highway or
street at grade, without having first secured the permission of the Commission;
provided, that this Section shall not apply to the replacement of lawfully
existing roads, highways, and tracks.
No public pedestrian bridge or subway shall be constructed across the track
of any rail carrier without having first secured the permission of the
Commission.
The Commission shall have the right to
refuse its permission or to grant it upon such terms and conditions as it may
prescribe.
The Commission shall have power to determine and prescribe the
manner, including the particular point of crossing, and the terms of
installation, operation, maintenance, use, and protection of each such crossing.
The Commission shall also have power, after a hearing, to
require major alteration of or to abolish any crossing,
heretofore or hereafter established, when in its opinion, the
public safety requires such alteration or abolition, and,
except in cities, villages, and incorporated towns of
1,000,000 or more inhabitants, to vacate and close that part
of the highway on such crossing altered or abolished and
cause barricades to be erected across such highway in such
manner as to prevent the use of such crossing as a highway,
when, in the opinion of the Commission, the public
convenience served by the crossing in question is not such as
to justify the further retention thereof; or to require a
separation of grades, at railroad-highway grade crossings; or to
require a
separation of grades at any proposed crossing where a
proposed public highway may cross the tracks of any rail
carrier or carriers; and to prescribe, after a hearing of the parties,
the terms upon which such separations shall be made and the
proportion in which the expense of the alteration or
abolition of such crossings or the separation of such grades, having regard
to the benefits, if any, accruing to the rail carrier or any party in
interest,
shall be divided between the rail carrier or carriers affected, or
between such carrier or carriers and the State, county, municipality
or other public authority in interest.
However, a public hearing by the Commission to abolish a crossing shall not
be required
when the public highway authority in interest vacates the highway. In such
instance
the rail carrier, following notification to the Commission and the highway
authority, shall remove any grade crossing warning devices and the grade
crossing surface.
The Commission shall also have power by its order to require
the reconstruction, minor alteration, minor relocation, or
improvement of any crossing (including the necessary highway
approaches thereto) of any railroad across any highway or
public road, pedestrian bridge, or pedestrian subway, whether such crossing
be at grade
or by overhead
structure or by subway, whenever the Commission finds after a
hearing or without a hearing as otherwise provided in this
paragraph that such reconstruction, alteration, relocation, or
improvement is necessary to preserve or promote the safety or
convenience of the public or of the employees or passengers
of such rail carrier or carriers. By its original order or
supplemental orders in such case, the Commission may direct such
reconstruction, alteration, relocation, or improvement to be
made in such manner and upon such terms and conditions as may
be reasonable and necessary
and may apportion the cost of
such reconstruction, alteration, relocation, or improvement
and the subsequent maintenance thereof, having regard to the benefits, if
any, accruing
to the railroad or any party in interest,
between the rail
carrier or carriers and public utilities affected, or between such
carrier or carriers and public utilities and the State, county,
municipality or other public authority in interest. The cost
to be so apportioned shall include the cost of changes or
alterations in the equipment of public utilities affected as
well as the cost of the relocation, diversion or
establishment of any public highway, made necessary by such
reconstruction, alteration, relocation, or improvement of said
crossing. A hearing shall not be required in those instances
when the Commission enters an order confirming a written
stipulation in which the Commission, the public highway
authority or other public authority in interest, the rail carrier or
carriers
affected, and in
instances involving the use of the Grade Crossing Protection
Fund, the Illinois Department of Transportation, agree on the
reconstruction, alteration, relocation, or improvement and
the subsequent maintenance thereof and the division of costs
of such changes of any grade crossing (including the
necessary highway approaches thereto) of any railroad across
any highway, pedestrian bridge, or pedestrian subway.
The Commission shall also have power to enter into stipulated agreements with a rail carrier or rail carriers or public authorities to fund, provide, install, and maintain safety treatments to deter trespassing on railroad property in accordance with paragraph (1) of Section 18c-7503 at locations approved by such rail carrier or rail carriers following a diagnostic evaluation between the Commission and the rail carrier or rail carriers, including any public authority in interest or the Federal Railroad Administration, and to order the allocation of the cost of those treatments and their installation and maintenance from the Grade Crossing Protection Fund. Safety treatments approved under this paragraph by the Commission shall be deemed adequate and appropriate. Every rail carrier operating in the State of Illinois shall
construct and maintain every highway crossing over its tracks
within the State so that the roadway at the intersection
shall be as flush with the rails as superelevated curves will
allow, and, unless otherwise ordered by the Commission, shall
construct and maintain the approaches thereto at a grade of
not more than 5% within the right of way for a distance of
not less the 6 feet on each side of the centerline of such
tracks; provided, that the grades at the approaches may be
maintained in excess of 5% only when authorized by the
Commission.
Every rail carrier operating within this State shall remove
from its right of way at all railroad-highway grade crossings within the
State, such brush, shrubbery, and trees as is reasonably
practical for a distance of not less than 500 feet in either
direction from each grade crossing.
The Commission shall have power, upon its own motion, or upon
complaint, and after having made proper investigation, to
require the installation of adequate and appropriate luminous
reflective warning signs, luminous flashing
signals, crossing
gates illuminated at night, or other protective devices
in
order to promote and safeguard the health and safety of the
public.
Luminous flashing signal or crossing gate
devices installed at grade crossings, which have been approved
by the Commission, shall be deemed adequate and appropriate.
The Commission shall have authority to determine the number,
type, and location of such signs, signals, gates, or other
protective devices which, however, shall conform as near as
may be with generally recognized national standards, and the
Commission shall have authority to prescribe the division of
the cost of the installation and subsequent maintenance of
such signs, signals, gates, or other protective
devices between the rail carrier or carriers, the public highway
authority or other public authority in
interest, and in instances involving the use of the Grade
Crossing Protection Fund, the Illinois Department of
Transportation.
Except where train crews provide flagging of the crossing to road users, yield signs shall be installed at all highway intersections with every grade crossing in this State that is not equipped with automatic warning devices, such as luminous flashing signals or crossing gate devices. A stop sign may be used in lieu of the yield sign when an engineering study conducted in cooperation with the highway authority and the Illinois Department of Transportation has determined that a stop sign is warranted. If the Commission has ordered the installation of luminous flashing signal or
crossing gate devices at a grade crossing not equipped with active warning devices, the Commission shall order the
installation of temporary stop signs at the highway intersection with the grade
crossing unless an engineering study has determined that a stop sign is not appropriate. If a stop sign is not appropriate, the Commission may order the installation of other appropriate supplemental signing as determined by an engineering study. The temporary signs shall remain in place until the luminous
flashing signal or crossing gate devices have been installed.
The rail carrier is responsible for the installation and subsequent
maintenance of any required signs.
The permanent signs shall be in place by July 1, 2011.
No railroad may change or modify the warning device system at a
railroad-highway grade crossing, including warning systems interconnected with
highway traffic control signals, without having first received the approval of
the Commission. The Commission shall have the further power, upon application,
upon its own motion, or upon
complaint and after having made proper investigation, to require
the interconnection of grade crossing warning devices with traffic control
signals at highway intersections located at or near railroad crossings within
the distances described by the State Manual on Uniform Traffic Control Devices
adopted pursuant to Section 11-301 of this Code. In addition, State and local
authorities may not install, remove, modernize, or otherwise modify traffic
control signals at a highway intersection that is interconnected or proposed to
be interconnected with grade crossing warning devices when the change affects
the number, type, or location of traffic control devices on the track approach
leg or legs of the intersection or the timing of the railroad preemption
sequence of operation until the Commission has approved the installation,
removal, modernization, or modification.
Commission approval shall be limited to consideration of
issues directly affecting the public safety at the railroad-highway grade
crossing. The electrical circuit devices, alternate warning devices, and
preemption sequences shall conform as nearly as possible, considering the
particular characteristics of the crossing and
intersection area, to the State manual adopted by the Illinois Department of
Transportation pursuant to Section 11-301 of this Code and such federal
standards as are made applicable by subsection (2) of this Section. In order
to carry out this authority, the Commission shall have the authority to
determine the number, type, and location of traffic control devices on the
track approach leg or legs of the intersection and the timing of the railroad
preemption sequence of operation.
The Commission shall prescribe the division of costs for installation and
maintenance of all devices required by this paragraph between the railroad or
railroads and the highway authority in interest and in instances involving the
use of the Grade Crossing Protection Fund or a State highway, the Illinois
Department of Transportation.
Any person who unlawfully or maliciously removes, throws
down, damages or defaces any sign, signal, gate, or other
protective device, located at or near any public grade
crossing, shall be guilty of a petty offense and fined not
less than $50 nor more than $200 for each offense. In
addition to fines levied under the provisions of this
Section a person adjudged guilty hereunder may also be
directed to make restitution for the costs of repair or
replacement, or both, necessitated by his misconduct.
It is the public policy of the State of Illinois to enhance public safety
by establishing safe grade crossings. In order to implement this policy, the
Illinois Commerce Commission is directed to conduct public hearings and to
adopt specific criteria by July 1, 1994, that shall be adhered to by the
Illinois Commerce Commission in determining if a grade crossing should be
opened or abolished. The following factors shall be considered by the
Illinois Commerce Commission in developing the specific criteria for opening
and abolishing grade crossings:
(a) timetable speed of passenger trains;
(b) distance to an alternate crossing;
(c) accident history for the last 5 years;
(d) number of vehicular traffic and posted speed | ||
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(e) number of freight trains and their timetable | ||
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(f) the type of warning device present at the grade | ||
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(g) alignments of the roadway and railroad, and the | ||
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(h) use of the grade crossing by trucks carrying | ||
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(i) use of the grade crossing by emergency vehicles.
The Illinois Commerce Commission, upon petition to open or abolish a grade
crossing, shall enter an order opening or abolishing the crossing if it meets
the specific criteria adopted by the Commission.
Except as otherwise provided in this subsection (3), in no instance shall
a grade crossing be permanently closed
without public hearing first being held and notice of such
hearing being published in an area newspaper of local general
circulation.
(4) Freight Trains; Radio Communications.
The Commission shall after hearing and order require that
every main line railroad freight train operating on main
tracks outside of yard limits within this State shall be
equipped with a radio communication system. The Commission
after notice and hearing may grant exemptions from the
requirements of this Section as to secondary and branch
lines.
(5) Railroad Bridges and Trestles; Walkway and Handrail.
In cases in which the Commission finds the same to be
practical and necessary for safety of railroad employees,
bridges and trestles, over and upon which railroad trains are
operated, shall include as a part thereof, a safe and
suitable walkway and handrail on one side only of such bridge
or trestle, and such handrail shall be located at the outer
edge of the walkway and shall provide a clearance of not less
than 8 feet, 6 inches, from the center line of the nearest
track, measured at right angles thereto.
(6) Packages Containing Articles for First Aid to Injured on Trains.
(a) All rail carriers shall provide a first aid kit | ||
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(b) A vehicle, excluding a taxi cab used in an | ||
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(7) Abandoned Bridges, Crossings, and Other Rail Plant.
The Commission shall have authority, after notice and hearing, to order:
(a) the removal of any abandoned railroad tracks from | ||
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(b) the removal of abandoned overhead railroad | ||
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The Commission may equitably apportion the cost of such
actions between the rail carrier or carriers, public utilities, and
the State, county, municipality, township, road district, or
other public authority in interest.
(8) Railroad-Highway Bridge Clearance. A vertical clearance of not less
than 23 feet
above the top of rail shall be provided for all new or reconstructed highway
bridges constructed over a railroad track. The Commission may permit a lesser
clearance if it determines
that the 23-foot clearance standard cannot be justified based on
engineering, operational, and economic conditions.
(9) Right of Access To Railroad Property. (a) A community antenna television company franchised | ||
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(b) Notwithstanding any provision of law to the | ||
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(c) This subsection (9) applies to any entry upon any | ||
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(d) Nothing in Public Act 100-251 shall be construed | ||
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(e) For purposes of this subsection (9): "Broadband service", "cable operator", and "holder" | ||
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"Community antenna television company" includes, in | ||
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(f) Beginning on August 22, 2017 (the effective date | ||
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(Source: P.A. 101-81, eff. 7-12-19; 102-16, eff. 6-17-21.)
|
(625 ILCS 5/18c-7401.1) Sec. 18c-7401.1. Rules for safe railroad worker walkways.
Within 90 days after the effective date of this amendatory Act of the 93rd General Assembly, the Commission shall adopt rules regarding safe walkways for railroad workers in areas where work is regularly performed on the ground. The rules must include, at a minimum, a requirement that any walkway (i) have a reasonably uniform surface, (ii) be maintained in a safe condition, and (iii) be reasonably free of obstacles, debris, and other hazards.(Source: P.A. 93-791, eff. 7-22-04.) |
(625 ILCS 5/18c-7402) (from Ch. 95 1/2, par. 18c-7402)
Sec. 18c-7402. Safety requirements for railroad operations.
(1) Obstruction of crossings.
(a) Obstruction of emergency vehicles. Every railroad | ||
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(b) Obstruction of highway at grade crossing | ||
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In a county with a population of greater than | ||
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However, no employee acting under the rules or orders | ||
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(c) Punishment for obstruction of grade crossing. Any | ||
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(2) Other operational requirements.
(a) Bell and whistle-crossings. Every rail carrier | ||
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(a-5) The requirements of paragraph (a) of this | ||
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(b) Speed limits. Each rail carrier shall operate its | ||
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The Commission and the Department of Transportation | ||
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(c) Special speed limit; pilot project. The | ||
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(d) Freight train crew size. No rail carrier shall | ||
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(3) Report and investigation of rail accidents.
(a) Reports. Every rail carrier shall report to the | ||
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(b) Investigations. The Commission may investigate | ||
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(Source: P.A. 101-294, eff. 1-1-20; 102-982, eff. 7-1-23.)
|
(625 ILCS 5/18c-7402.1)
Sec. 18c-7402.1.
Pilot projects; automated
audible warning devices.
(a) The General Assembly finds and declares that, for
the communities of the State that are traversed by
railroads, there is a growing need to mitigate train horn
noise without compromising the safety of the public.
Therefore, after applications are filed and approved by the
Commission, the Commission shall authorize pilot projects
in the counties of Cook, DuPage, Lake, and Will to test the
utility and safety of stationary automated audible warning
devices as an alternative to trains having to sound their
horns as they approach highway-rail crossings.
(b) In light of the pending proposed ruling by the
Federal Railroad Administration on the use of locomotive
horns at all highway-rail crossings across the nation, it
is in the best interest of the State for the
Commission to expedite the pilot projects in order to
contribute data to the federal rulemaking process regarding
the possible inclusion of stationary automated warning
devices in the counties of Cook, DuPage, Lake, and Will as
a safety measure option to the proposed federal rule.
(c) The Commission shall adopt rules for implementing
the pilot projects in the counties of Cook, DuPage, Lake,
and Will.
(Source: P.A. 92-284, eff. 8-9-01.)
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(625 ILCS 5/18c-7402.2) (This Section may contain text from a Public Act with a delayed effective date) Sec. 18c-7402.2. Reports involving railroad fatalities. Personally identifying information, as defined in Section 1-159.2, of train crew members contained in reports involving railroad fatalities and contained in communications between police officers and train crew members involved in those occurrences shall be redacted from any public reports and shall be maintained by the police departments and any persons in subsequent possession thereof listed below in a manner that ensures the confidentiality of the train crew's personally identifying information. Unredacted copies of such reports and communications containing personally identifying information shall be accessible at all reasonable times: (1) to the host or employing railroad; (2) by court order, and to others specifically | ||
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(3) to law enforcement officers, State's Attorneys, | ||
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(Source: P.A. 103-852, eff. 1-1-25.) |
(625 ILCS 5/18c-7402.5)
Sec. 18c-7402.5.
(Repealed).
(Source: P.A. 90-187, eff. 1-1-98. Repealed internally, eff. 2-1-01.)
|
(625 ILCS 5/18c-7403) (from Ch. 95 1/2, par. 18c-7403)
Sec. 18c-7403.
Enforcement and Waiver of Safety Requirements.
(1) Enforcement.
Except with regard to grade crossing obstructions under
Section 18c-7402 of this Chapter and trespass on railroad rights of way and
yards under Section 18c-7503 of this Chapter, jurisdiction to initiate
actions to enforce provisions of this Chapter is vested
exclusively in the Commission. Where a valid federal
statute, regulation, or order sets forth procedures or
sanctions for violation of safety standards, and such
procedures or sanctions are preemptive of state law, the
Commission shall exercise its enforcement jurisdiction under
this Article in accordance therewith. Otherwise, the
provisions of this Chapter regarding enforcement procedures and
sanctions shall apply.
(2) Waiver.
The Commission may waive any of the safety requirements under
this Article if continued adherence to the requirement or requirements is
not required for the safety of railroad employees or the
public.
(Source: P.A. 90-257, eff. 7-30-97.)
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(625 ILCS 5/18c-7404) (from Ch. 95 1/2, par. 18c-7404)
Sec. 18c-7404.
Transportation of Hazardous Materials by Rail Carriers.
(1) Commission to Regulate Hazardous Materials Transportation by Rail Carrier.
(a) Powers of the Commission. The Commission is authorized to regulate the
transportation of hazardous materials by rail carrier by:
(i) Adopting by reference the hazardous materials
regulations of the Office of Hazardous Materials Transportation and
the Federal Railroad Administration of the United
States Department of Transportation, as amended;
(ii) Conducting investigations, issuing subpoenas, taking depositions,
requiring the production of relevant documents, records and property, and
conducting hearings in aid of such investigations;
(iii) Conducting a continuing review of all aspects of
hazardous materials transportation by rail carrier
to determine and recommend actions necessary to
insure safe transportation of such materials;
(iv) Undertaking, directly or indirectly, research,
development, demonstration and training activities;
(v) Cooperating with other State agencies and enter into
interagency agreements; and
(vi) Entering upon, inspecting and examining the records and
properties relating to the transportation of hazardous materials by rail,
including all portions of any facility used in the loading, unloading, and
actual movement of such materials, or in the storage of such materials
incidental to actual movement by rail;
(vii) Stopping and inspecting trains, at reasonable times and
locations and in a reasonable manner, or taking any
other action necessary to administer or enforce the
provisions of this Section.
(b) Scope of Section. The provisions of this Section apply generally to
the transportation of hazardous materials by rail carrier within the State
of Illinois, but do not apply to:
(i) Natural gas pipelines;
(ii) Transportation of firearms or ammunition for
personal use or in commerce; or
(iii) Transportation exempted by the Commission where the
exemption granted by the Commission is:
(A) Coextensive with an exemption granted by the
Office of Hazardous Materials and the Federal
Railroad Administration; or
(B) Otherwise exempt under statutes or regulations
governing similar transportation in interstate commerce.
(c) Rail Carriers to Comply with Commission Regulations.
No person shall transport hazardous materials by rail
carrier except in compliance with this Section,
Commission regulations and orders.
(2) Enforcement.
(a) Criminal Penalties. Any person who willfully violates the provisions
of this Section, Commission regulations or orders shall have committed a
class 3 felony and be subject to criminal penalties in an amount not to
exceed $25,000.
(b) Civil Penalties. Any person who knowingly violates the provisions of
this Section, Commission regulations or orders shall also be subject to
civil penalties in an amount not to exceed $10,000.
(c) Injunctive Relief. The Commission may petition any circuit court
with venue and jurisdiction to enforce this Chapter to enjoin actions which
it has reason to believe may pose an imminent hazard, and to issue such
other orders as will eliminate or ameliorate the imminent hazard. As used
in this Section, "imminent hazard" means a substantial likelihood that
death, serious illness, or severe personal injury will occur prior to the
time during which an administrative proceeding to abate the danger could
normally be completed.
(3) Commission to Adopt Regulations. The Commission may adopt
regulations governing the transportation of hazardous materials by rail carrier where:
(a) The risk created by such transportation is susceptible to
control by regulation;
(b) State regulation would be more effective in controlling
the risk than federal regulation; and
(c) The regulations adopted by the Commission are not
inconsistent with federal regulations.
(Source: P.A. 85-815.)
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(625 ILCS 5/18c-7405)
Sec. 18c-7405. Accident counseling.
(a) Every Class I and Class II rail carrier, according to federal regulations,
operating in this State
must establish a counseling or trauma program and provide or make available
counseling or other critical incident stress debriefing services to each member
of an operating crew directly involved in an accident that results in loss of
life or serious bodily injury on its railway or right-of-way.
(b) Each Class I and Class II rail carrier, according to federal regulations,
operating in this State must file its counseling or trauma program
with the processing section of the Transportation Division of the Illinois
Commerce Commission, whose sole responsibility under this Section shall be to
receive the program and make it available
for public inspection. Each rail carrier subject to this subsection (b) must review and update its counseling or trauma program filing every 3 years, at the request of the Commission. Programs may be filed by mail or electronic mail. Electronic filings shall be submitted to an email address designated by the Commission.
(Source: P.A. 97-963, eff. 8-15-12.)
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(625 ILCS 5/18c-7406) Sec. 18c-7406. Closure of at-grade crossings; bicycle and pedestrian trails. When considering the closure of an at-grade railroad crossing to public use, the Commission shall consider the status of the crossing as an element of a bicycle and pedestrian trail funded under the federal Transportation Equity Act for the 21st Century (TEA-21) and its successor Acts.
(Source: P.A. 94-304, eff. 7-21-05.) |
(625 ILCS 5/Ch 18C Sub 7 Art V heading) ARTICLE V.
MISCELLANEOUS PROVISIONS.
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(625 ILCS 5/18c-7501) (from Ch. 95 1/2, par. 18c-7501)
Sec. 18c-7501. Eminent Domain. If any rail carrier shall be unable to agree with the owner for
the purchase of any real estate required for the purposes of its
incorporation, or the transaction of its business, or for its
depots, station buildings, machine and repair shops, or for right
of way or any other lawful purpose connected with or necessary to
the building, operating or running of such rail carrier, such may
acquire such title in the manner that may be now or hereafter
provided for by the law of eminent domain.
A rail carrier may exercise quick take powers of eminent domain as provided
in Article 20 of the Eminent Domain Act,
when all of the following conditions are met: (1) the complaint for
condemnation is filed within one year of the effective date of this
amendatory Act of 1988; (2) the purpose of the condemnation proceeding is
to acquire land for the construction of an industrial harbor railroad port;
and (3) the total amount of land to be acquired for that purpose is less
than 75 acres and is adjacent to the Illinois River.
(Source: P.A. 94-1055, eff. 1-1-07.)
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(625 ILCS 5/18c-7502) (from Ch. 95 1/2, par. 18c-7502) Sec. 18c-7502. Malicious removal of or damage to railroad property or
freight. (a) Malicious removal of or damage to railroad property or freight. A person is guilty of an offense if he or she is found to
have: (i) removed, taken, stolen, changed, added to, taken | ||
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(ii) willfully and with intent to permanently deprive | ||
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(iii) bought or received any of the railroad freight | ||
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(iv) willfully placed upon an active railroad track | ||
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(b) Penalties. (1) If the railroad property damage does not exceed | ||
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(2) Upon being found in violation of item (ii), | ||
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(3) Local authorities shall impose fines as | ||
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(c) Definitions. As used in this Section: "Bodily injury" means: (i) a cut, abrasion, bruise, bump, or disfigurement; (ii) physical pain; (iii) illness; (iv) impairment of the function of a bodily member, | ||
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(v) any other injury to the body, no matter how | ||
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"Railroad" means any form of nonhighway ground transportation that runs on
rails or
electromagnetic guideways, including: (i) commuter or other short-haul railroad passenger | ||
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(ii) high-speed ground transportation systems that | ||
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"Railroad carrier" means a person providing railroad transportation. "Railroad property" means all tangible property owned, leased, or operated
by a railroad
carrier including a right of way, track, bridge, yard, shop, station, tunnel,
viaduct, trestle,
depot, warehouse, terminal, or any other structure, appurtenance, or equipment
owned, leased,
or used in the operation of any railroad carrier including trains, locomotives,
engines, railroad
cars, work equipment, rolling stock, or safety devices. "Railroad property"
does
not include a
railroad carrier's administrative buildings or offices, office equipment, or
intangible property
such as software or other information. "Right of way" means the track or roadbed
owned, leased, or operated by a rail carrier that is located on either side
of its tracks
and that is readily recognizable to a reasonable person as being railroad
property or is
reasonably identified as such by fencing or appropriate signs. "Yard" means a system of parallel tracks, crossovers, and switches where
railroad cars are
switched and made up into trains, and where railroad cars, locomotives, and
other rolling
stock is kept when not in use or when awaiting repair. "Serious bodily injury" means bodily injury that involves: (i) a substantial risk of death; (ii) extreme physical pain; (iii) protracted and obvious disfigurement; or (iv) protracted loss or impairment of the function of | ||
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(Source: P.A. 96-1132, eff. 1-1-11.) |
(625 ILCS 5/18c-7503) (from Ch. 95 1/2, par. 18c-7503)
Sec. 18c-7503. Trespassing on railroad property; terminal security.
(1) Trespassing on railroad property prohibited.
(a) General prohibition. Except as otherwise provided | ||
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(i) walk, ride, drive or be upon or along the | ||
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(ii) enter or be
upon any railroad property;
(iii) without lawful authority or the railroad | ||
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(iv) willfully lead or contrive any animal to go | ||
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(v) throw or cause to be thrown on to the | ||
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(b) Exceptions.
This subsection shall not apply to:
(i) fare paying passengers on trains or employees | ||
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(ii) railroad employees and an authorized | ||
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(iii) a person going upon the right of way or | ||
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(iv) a person being on the station grounds or in | ||
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(v) a person, his family, or his employees or | ||
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(vi) a person having written permission from the | ||
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(vii) representatives of local, State, and | ||
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(viii) a person having written permission from | ||
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(2) Penalties.
(a) Any person found in violation of item (i), (ii), | ||
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(b) Any person found in violation of item (v) of | ||
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(c) Local authorities shall impose fines as | ||
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(2.5) Terminal security. The owner of a terminal is expressly authorized, within the terminal property, to construct and operate berms, commercially constructed electric fences, and monitoring equipment as security measures for reducing the economic impact of theft, enhancing homeland security, and improving the protection of the general public welfare. The terminal owner shall properly operate and maintain these security measures. Any electric fence installed pursuant to this subsection shall: (i) be marked with appropriate signs; (ii) be entirely surrounded at a distance of at least 36 inches by properly maintained non-electric perimeter fences at least 8 feet tall; (iii) operate at a level of current that is not lethal to a human being upon contact; (iv) be covered at all times by an insurance policy maintained by the operator of the terminal for liability from claims arising out of the operation of the fence in an amount not less than $10,000,000 per occurrence; and (v) be regularly monitored and inspected by a qualified electrician. The use of any of these security measures in accordance with this subsection is not a violation of this Sub-chapter.
(3) Definitions. For purposes of this Section:
"Passenger" means a person
who is traveling by train with lawful authority and who does not participate in
the train's
operation. The term "passenger" does not include stowaways.
"Railroad" means
any form of
nonhighway ground transportation that runs on rails or electromagnetic
guideways,
including:
(i) commuter or other short-haul railroad | ||
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(ii) high-speed ground transportation systems | ||
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"Railroad carrier" means a person providing railroad transportation.
"Railroad property" means all tangible property owned, leased, or operated by
a railroad
carrier including a right of way, track, bridge, yard, shop, station, tunnel,
viaduct, trestle, depot,
warehouse, terminal, or any other structure, appurtenance, or equipment owned,
leased, or used
in the operation of any railroad carrier including trains, locomotives,
engines,
railroad cars, work
equipment, rolling stock, or safety devices.
"Railroad property" does not include a railroad
carrier's administrative buildings or offices, office equipment, or intangible
property such as
software or other information.
"Right of way" means
the track or roadbed owned, leased, or operated by a rail
carrier which is located on
either side of its tracks and which is readily recognizable to a reasonable
person as being railroad property or is reasonably
identified as such
by fencing or appropriate signs.
"Terminal" means a rail terminal facility, intermodal facility where at least one mode of transportation serviced by the facility is a railroad, or other railroad freight facility larger than 25 acres.
"Yard" means a system of parallel tracks, crossovers, and switches where
railroad cars are
switched and made up into trains, and where railroad cars, locomotives, and
other rolling stock
is kept when not in use or when awaiting repair.
(Source: P.A. 94-736, eff. 5-1-06.)
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(625 ILCS 5/18c-7504) (from Ch. 95 1/2, par. 18c-7504)
Sec. 18c-7504.
Construction of Fences, Farm Crossings, and
Damages. (1) Fencing.
Every rail carrier shall, within 6 months after any
part of its line is open for use, erect and thereafter
maintain fences on both sides of its road or so much thereof
as is open for use, suitable and sufficient to prevent
cattle, horses, sheep, hogs or other livestock from getting
on such railroad, provided that the other 3 sides of
the property are enclosed, except at the crossings of public
roads and highways, and within such portion of cities and
incorporated towns and villages as are or may be hereafter
laid out and platted into lots and blocks, with gates at the
farm crossings of such railroad, which farm crossings shall
be constructed by such rail carrier when and where the same
may become necessary, for the use of the proprietors of the
lands adjoining such railroad; and when such fences are not
made as aforesaid, or when such fences are not kept in good
repair, such rail carrier shall be liable for all damages
which may be done by the agents, engines or cars of such rail
carrier, to such cattle, horses, sheep, hogs or other
livestock thereof, and reasonable attorney's fees in any
court wherein suit is brought for such damages, or to which
the same may be appealed; but where such fences have been
duly made and kept in good repair, such rail carrier shall
not be liable for any such damages, unless negligently or
willfully done.
(2) Enforcement.
If the rail carrier, after being notified, shall refuse to
build or repair such fence, gates, or farm crossings, in
accordance with the provisions of this, Section, the owner or
occupant of the land required to be fenced shall be entitled
to an order from any court of competent jurisdiction
requiring the rail carrier to build or repair such fence,
gates, or farm crossing and may recover interest at one
percent per month of the cost of such building or
repair, from the time the crossing or repair was requested,
as damage in the circuit court, together with costs to be
taxed by the court.
(Source: P.A. 84-796.)
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(625 ILCS 5/Ch. 18C Sub-ch. 8 heading) SUB-CHAPTER 8.
COMMON CARRIERS BY PIPELINE
|
(625 ILCS 5/Ch 18C Sub 8 Art I heading) ARTICLE I.
JURISDICTION AND POWER
OVER COMMON CARRIERS BY PIPELINE
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(625 ILCS 5/18c-8101) (from Ch. 95 1/2, par. 18c-8101)
Sec. 18c-8101.
(Repealed).
(Source: Repealed by P.A. 89-42, eff. 1-1-96.)
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(625 ILCS 5/Ch 18C Sub 8 Art II heading) ARTICLE II.
LICENSING AND RATEMAKING
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(625 ILCS 5/18c-8201) (from Ch. 95 1/2, par. 18c-8201)
Sec. 18c-8201.
(Repealed).
(Source: Repealed by P.A. 89-42, eff. 1-1-96.)
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(625 ILCS 5/Ch 18C Sub 8 Art III heading) ARTICLE III.
SAFETY REGULATION
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(625 ILCS 5/18c-8301) (from Ch. 95 1/2, par. 18c-8301)
Sec. 18c-8301.
(Repealed).
(Source: Repealed by P.A. 89-42, eff. 1-1-96.)
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(625 ILCS 5/Ch 18C Sub 8 Art IV heading) ARTICLE IV.
MISCELLANEOUS PROVISIONS
|
(625 ILCS 5/18c-8401) (from Ch. 95 1/2, par. 18c-8401)
Sec. 18c-8401.
(Repealed).
(Source: Repealed by P.A. 89-42, eff. 1-1-96.)
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(625 ILCS 5/Ch. 18C Sub-ch. 9 heading) SUB-CHAPTER 9.
MISCELLANEOUS PROVISIONS OF LAW
|
(625 ILCS 5/Ch 18C Sub 9 Art I heading) ARTICLE I.
REMEDIES CUMULATIVE
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(625 ILCS 5/18c-9101) (from Ch. 95 1/2, par. 18c-9101)
Sec. 18c-9101.
Remedies Cumulative.
Rights and remedies under this Chapter shall be cumulative of each
other and of rights and remedies under other provisions of law,
except as otherwise expressly provided herein. Exercise of one
right or remedy under this Chapter shall not waive or bar exercise of
any other, and imposition of one sanction under this Chapter shall
not be a bar to imposition of any other sanction provided for in
this Chapter.
(Source: P.A. 84-796.)
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(625 ILCS 5/Ch 18C Sub 9 Art II heading) ARTICLE II.
GRANDFATHER PROVISIONS
|
(625 ILCS 5/18c-9201) (from Ch. 95 1/2, par. 18c-9201)
Sec. 18c-9201.
Grandfather Clause.
Except as otherwise expressly provided in this Chapter, valid
regulations adopted, licenses, registrations, certifications and
other authorizations issued or recognized, rates established
or recognized, and forms promulgated or utilized under Acts or parts
of Acts repealed by this Act
shall have the same force and effect as if adopted, issued,
established, or recognized under this Chapter.
(Source: P.A. 85-553.)
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(625 ILCS 5/Ch. 18d heading)
CHAPTER 18d. ILLINOIS COMMERCIAL SAFETY TOWING LAW
(Source: P.A. 95-562, eff. 7-1-08.)
|
(625 ILCS 5/18d-101)
Sec. 18d-101. Short title. This Chapter may be cited as the Illinois Commercial Safety Towing Law.
(Source: P.A. 95-562, eff. 7-1-08.) |
(625 ILCS 5/18d-105)
Sec. 18d-105. Definitions. As used in this Chapter: (1) "Commercial vehicle safety relocator" or "safety relocator" means any person or entity engaged in the business of removing damaged or disabled vehicles from public or private property by means of towing or otherwise, and thereafter relocating and storing such vehicles. (2) "Commission" means the Illinois Commerce Commission.
(Source: P.A. 95-562, eff. 7-1-08.) |
(625 ILCS 5/18d-110)
Sec. 18d-110. The General Assembly finds and declares that commercial vehicle towing service in the State of Illinois fundamentally affects the public interest and public welfare. It is the intent of the General Assembly, in this amendatory Act of the 95th General Assembly, to promote the public interest and the public welfare by requiring similar basic consumer protections and fraud prevention measures that are required of other marketplace participants, including the disclosure of material terms and conditions of the service to consumers before consumers accept the terms and conditions. The General Assembly also intends that the provisions in this amendatory Act of the 95th General Assembly promote safety for all persons and vehicles that travel or otherwise use the public highways of this State. The General Assembly finds that it is in the public interest that persons whose vehicles are towed from the public highways know important basic information, such as where they can retrieve their vehicles and the cost to retrieve their vehicles, so that they can avoid vehicle deterioration and arrange for a prompt repair of the vehicles.
(Source: P.A. 95-562, eff. 7-1-08.) |
(625 ILCS 5/18d-115)
Sec. 18d-115. It shall be unlawful for any commercial vehicle safety relocator to operate in any county in which this Chapter is applicable without a valid, current safety relocator's registration certificate issued by the Illinois Commerce Commission. The Illinois Commerce Commission shall issue safety relocator's registration certificates in accordance with administrative rules adopted by the Commission. The Commission may, at any time during the term of the registration certificate, make inquiry, into the licensee's management or conduct of business or otherwise, to determine that the provisions of this Chapter and the rules of the Commission adopted under this Chapter are being observed.
(Source: P.A. 95-562, eff. 7-1-08.) |
(625 ILCS 5/18d-117) Sec. 18d-117. Exemption. (a) A tower, as defined by Section 1-205.2 of this Code, legally residing in a county not subject to this Chapter pursuant to Section 18d-180 of this Chapter may operate in a county that is subject to this Chapter pursuant to Section 18d-180 for the limited purpose of removing a damaged or disabled vehicle upon the request of the owner or operator legally residing in a county not subject to this Chapter to remove the vehicle and tow the vehicle across county lines to the county where the tower and owner or operator resides. (b) A tower operating for the limited purpose in subsection (a) is not subject to the provisions of this Chapter. (c) Subsection (a) does not apply to towers that legally reside in both counties.
(Source: P.A. 96-309, eff. 1-1-10.) |
(625 ILCS 5/18d-120)
Sec. 18d-120. Disclosure to vehicle owner or operator before towing of damaged or disabled vehicle commences. (a) A commercial vehicle safety relocator shall not
commence the towing of a damaged or disabled vehicle without
specific authorization from the vehicle owner or operator after
the disclosures set forth in this Section. (b) Every commercial vehicle safety relocator shall,
before towing a damaged or disabled vehicle, give to each
vehicle owner or operator a written disclosure providing: (1) The formal business name of the commercial | ||
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(2) The address of the location to which the vehicle | ||
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(3) The cost of all relocation, storage, and any | ||
| ||
(4) An itemized description of the vehicle owner or | ||
| ||
"As a customer, you also have the following rights
under Illinois law: (1) This written disclosure must be provided to you | ||
| ||
(2) Before towing, you must be advised of the price | ||
| ||
(3) Upon your demand, a final invoice itemizing all | ||
| ||
(4) Upon your demand, your vehicle must be returned | ||
| ||
(5) You have the right to pay all charges in cash | ||
| ||
(6) Upon your demand, you must be provided with | ||
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(c) The commercial vehicle safety relocator shall
provide a copy of the completed disclosure required by this
Section to the vehicle owner or operator, before towing the
damaged or disabled vehicle, and shall maintain an identical
copy of the completed disclosure in its records for a minimum
of 5 years after the transaction concludes. (d) If the vehicle owner or operator is incapacitated,
incompetent, or otherwise unable to knowingly accept receipt of
the disclosure described in this Section, the commercial
vehicle safety relocator shall provide a completed copy of
the disclosure to local law enforcement and, if known, the
vehicle owner or operator's automobile insurance company. (e) If the commercial vehicle safety relocator fails
to comply with the requirements of this Section, the commercial
vehicle safety relocator shall be prohibited from seeking
any compensation whatsoever from the vehicle owner or operator,
including but not limited to any towing, storage, or other
incidental fees. Furthermore, if the commercial vehicle
safety relocator or operator fails to comply with the requirements of
this Section, any contracts entered into by the commercial
vehicle safety relocator and the vehicle owner or operator
shall be deemed null, void, and unenforceable.
(Source: P.A. 95-562, eff. 7-1-08.) |
(625 ILCS 5/18d-125)
Sec. 18d-125. Disclosures to vehicle owners or operators;
invoices. (a) Upon demand of the vehicle owner or operator, the
commercial vehicle safety relocator shall provide an
itemized final invoice that fairly and accurately documents the
charges owed by the vehicle owner or operator for relocation of
damaged or disabled vehicles. The final estimate or invoice
shall accurately record in writing all of the items set forth
in this Section. (b) The final invoice shall show the formal business name
of the commercial vehicle safety relocator, as
registered with the Illinois Secretary of State, its business
address and telephone number, the date of the invoice, the
odometer reading at the time the final invoice was prepared,
the name of the vehicle owner or operator, and the description
of the motor vehicle, including the motor vehicle
identification number. In addition, the invoice shall describe
any modifications made to the vehicle by the commercial vehicle
safety relocator, any observable damage to the vehicle
upon its initial receipt by the commercial vehicle safety relocator,
and any observable damage to the vehicle at the time
of its release to the vehicle owner or operator. The invoice
shall itemize any additional charges and include those charges
in the total presented to the vehicle owner or operator. (c) A legible copy of the invoice shall be given to the
vehicle owner or operator, and a legible copy shall be retained
by the commercial vehicle safety relocator for a period of 5 years from
the date of release of the vehicle. The copy may be retained in
electronic format. Records may be stored at a separate
location. (d) Disclosure forms required in accordance with this Section 18d-120 must be approved by the Commission.
(Source: P.A. 95-562, eff. 7-1-08.) |
(625 ILCS 5/18d-130)
Sec. 18d-130. Disclosures to vehicle owners or operators;
required signs. Every commercial vehicle safety relocator's
storage facility that relocates or stores damaged or
disabled vehicles shall post, in a prominent place on the
business premises, one or more signs, readily visible to
customers, in the following form: YOUR CUSTOMER RIGHTS. YOU ARE ENTITLED BY LAW TO:
1. BEFORE TOWING, A WRITTEN DISCLOSURE STATING THE | ||
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2. BEFORE TOWING, THE PRICE OF ALL CHARGES FOR THE | ||
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3. UPON YOUR DEMAND FOR THE RETURN OF YOUR VEHICLE, A | ||
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4. THE RETURN OF YOUR VEHICLE, UPON YOUR DEMAND FOR | ||
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5. PAY ALL CHARGES IN CASH OR BY MAJOR CREDIT CARD. 6. UPON YOUR DEMAND, PROOF OF THE EXISTENCE OF | ||
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The first line of each sign shall be in letters not less
than 1.5 inches in height, and the remaining lines shall be in
letters not less than one-half inch in height.
(Source: P.A. 95-562, eff. 7-1-08.) |
(625 ILCS 5/18d-135)
Sec. 18d-135. Record keeping. Every commercial vehicle
safety relocator engaged in relocation or storage of
damaged or disabled vehicles shall maintain copies of (i) all
disclosures provided to vehicle owners or operators as required
under this Chapter and (ii) all invoices provided to vehicle
owners or operators as required under this Chapter. The
copies may be maintained in an electronic format, shall be kept
for 5 years, and shall be available for inspection by the
Illinois Commerce Commission. Failure to provide requested documentation to the Illinois Commerce Commission within 3 business days of a request received from the Illinois Commerce Commission shall subject the commercial vehicle safety relocator to penalties imposed by the Illinois Commerce Commission. Penalties may include suspension of registration certificate and monetary fines up to $1,000 for each violation.
(Source: P.A. 95-562, eff. 7-1-08.) |
(625 ILCS 5/18d-140)
Sec. 18d-140. Any vehicle used in connection with any commercial vehicle safety relocation service must have painted or firmly affixed to the vehicle on both sides of the vehicle in a color or colors vividly contrasting to the color of the vehicle the name, address, and telephone number of the safety relocator. The Commission shall prescribe reasonable rules and regulations pertaining to insignia to be painted or firmly affixed to vehicles.
(Source: P.A. 95-562, eff. 7-1-08.) |
(625 ILCS 5/18d-145)
Sec. 18d-145. Any vehicle used in connection with any commercial vehicle safety relocation service must carry in the power unit of the vehicle a certified copy of the currently effective safety relocator's registration certificate. Copies may be photographed, photocopied, or reproduced or printed by any other legible and durable process. Any person guilty of not causing to be displayed a copy of the safety relocator's registration certificate may in any hearing concerning the violation be excused from the payment of the penalty hereinafter provided upon a showing that the registration certificate was issued by the Commission, but was subsequently lost or destroyed.
(Source: P.A. 95-562, eff. 7-1-08.) |
(625 ILCS 5/18d-150)
Sec. 18d-150. Waiver or limitation of liability
prohibited. (a) Commercial vehicle safety relocators engaged in
the relocation or storage of damaged or disabled vehicles shall
be prohibited from including a clause in contracts for the
relocation or storage of vehicles purporting to waive or limit
the commercial vehicle safety relocator's liability
under this Code, in tort or contract, or under any other
cognizable cause of action available to the vehicle owner or
operator. (b) Commercial vehicle safety relocators are
prohibited from requiring the vehicle owner or operator to sign
or agree to any document purporting to waive or limit the
commercial vehicle safety relocator's liability under
this Code, in tort or contract, or under any other cognizable
cause of action available to the vehicle owner or operator. (c) Any contract, release, or other document purporting to
waive or limit the commercial vehicle safety relocator's
liability under this Code, in tort or contract, or under any
other cognizable cause of action available to the vehicle owner
or operator, shall be deemed null, void, and unenforceable.
(Source: P.A. 95-562, eff. 7-1-08.) |
(625 ILCS 5/18d-153) Sec. 18d-153. Misrepresentation of affiliation. It shall be unlawful for any tower to misrepresent an affiliation with the State, a unit of local government, an insurance company, a private club, or any other entity, or falsely claim to be included on a law enforcement agency's tow rotation list maintained under Section 4-203.5 of this Code, for the purpose of securing a business transaction with a vehicle owner or operator.
(Source: P.A. 99-438, eff. 1-1-16.) |
(625 ILCS 5/18d-155)
Sec. 18d-155. The Illinois Commerce Commission may request documentation or investigate business practices by a commercial vehicle safety relocator to determine compliance with this Chapter. Failure to comply with any Section of this Chapter, as determined by the Illinois Commerce Commission shall subject a commercial vehicle safety relocator to penalties imposed by the Illinois Commerce Commission. Penalties may include suspension of registration certificate and monetary fines up to $1,000 for each violation.
(Source: P.A. 95-562, eff. 7-1-08.) |
(625 ILCS 5/18d-160)
Sec. 18d-160. Unlawful practice. Any commercial vehicle
safety relocator engaged in the relocation or storage of
damaged or disabled vehicles who fails to comply with Sections
18d-115, 18d-120, 18d-125, 18d-130, 18d-135, 18d-150, or 18d-153 of this Code
commits an unlawful practice within the meaning of the Consumer
Fraud and Deceptive Business Practices Act.
(Source: P.A. 95-562, eff. 7-1-08; 96-1369, eff. 1-1-11.) |
(625 ILCS 5/18d-165)
Sec. 18d-165. Charges payable in cash or by major credit
card. Any towing or storage charges accrued by the vehicle
owner or operator shall be payable by the use of any major
credit card, in addition to being payable in cash.
(Source: P.A. 95-562, eff. 7-1-08.) |
(625 ILCS 5/18d-170)
Sec. 18d-170. Mandatory insurance coverage. (a) A commercial vehicle safety relocator shall
provide insurance coverage for all risks associated with the
transportation of vehicles towed under this Chapter, as well as
for areas where vehicles towed under this Chapter are impounded
or otherwise stored, and shall adequately cover loss by fire,
theft, or other risks. (b) Upon the demand of the vehicle owner or operator, a
commercial vehicle safety relocator shall promptly supply
proof of the existence of this insurance. (c) Any person who fails to comply with the conditions and
restrictions of this subsection shall be fined not less than $100 nor more than
$500.
(Source: P.A. 95-562, eff. 7-1-08.) |
(625 ILCS 5/18d-175)
Sec. 18d-175. Disposition of funds. All fees and fines collected by the Commission under this Chapter shall be paid into the Transportation Regulatory Fund in the State treasury. The money in that fund shall be used to defray the expenses of the administration of this Chapter.
(Source: P.A. 95-562, eff. 7-1-08.) |
(625 ILCS 5/18d-180)
Sec. 18d-180. The provisions of this Chapter apply to all the activities of safety relocators in any jurisdiction to which Chapter 18a of this Code applies in accordance with Section 18a-700.
(Source: P.A. 95-562, eff. 7-1-08.) |
(625 ILCS 5/Ch. 20 heading) CHAPTER 20.
MISCELLANEOUS PROVISIONS,
EFFECT OF ACT AND REPEAL OF NAMED ACTS
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(625 ILCS 5/18d-185) Sec. 18d-185. Consumer complaints against safety relocators. The Commission shall post a notice of the administrative citations issued to a safety relocator and the disposition of the administrative citation on its website.(Source: P.A. 103-199, eff. 1-1-24.) |
(625 ILCS 5/Ch. 20 Art. I heading) ARTICLE I.
DISTRIBUTION OF FEES AND TAXES
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(625 ILCS 5/20-101) (from Ch. 95 1/2, par. 20-101)
Sec. 20-101.
Moneys derived from registration, operation and use of
automobiles and from fuel taxes - Use. From and after the effective date
of this Act, except as provided in Section 3-815.1 of this Code, no public
moneys derived from fees, excises or license
taxes relating to registration, operation and use of vehicles on public
highways or to fuels used for the propulsion of such vehicles, shall be
appropriated or expended other than for costs of administering the laws
imposing such fees, excises and license taxes, statutory refunds and
adjustments allowed thereunder, administrative costs of the
Department of Transportation, payment of
debts and liabilities incurred in construction and reconstruction of
public highways and bridges, acquisition of rights-of-way for, and the
cost of construction, reconstruction, maintenance, repair and operation
of public highways and bridges under the direction and supervision of
the State, political subdivision or municipality collecting such moneys,
and the costs for patrolling and policing the public highways (by the
State, political subdivision or municipality collecting such money) for
enforcement of traffic laws; provided, that such
moneys may be used for the retirement of and interest on bonds
heretofore issued for purposes other than the construction of public
highways or bridges but not to a greater extent, nor a greater length of
time, than is provided in acts heretofore adopted and now in force.
Further the separation of grades of such highways with railroads and costs
associated with protection of at-grade highway and railroad crossings shall
also be permissible.
(Source: P.A. 93-23, eff. 6-20-03.)
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(625 ILCS 5/Ch. 20 Art. II heading) ARTICLE II.
EFFECT OF ACT
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(625 ILCS 5/20-201) (from Ch. 95 1/2, par. 20-201)
Sec. 20-201.
Effect of headings.
Chapter, Article and Section headings contained herein shall not be
deemed to govern, limit, modify or in any manner affect the scope,
meaning or intent of the provisions of any Chapter, Article or Section
hereof.
(Source: P.A. 76-1586.)
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(625 ILCS 5/20-201.1) (from Ch. 95 1/2, par. 20-201.1)
Sec. 20-201.1.
Gender.
When used in this Code, words importing the
masculine may be applied to females and vice versa.
(Source: P.A. 82-123.)
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(625 ILCS 5/20-201.2) (from Ch. 95 1/2, par. 20-201.2)
Sec. 20-201.2.
Number.
When used in this Code, words importing the
singular may extend and be applied to several persons or things, and words
importing the plural number may include singular.
(Source: P.A. 82-123.)
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(625 ILCS 5/20-201.3) (from Ch. 95 1/2, par. 20-201.3)
Sec. 20-201.3.
Tense.
When used in this Code, words importing the present
tense may include the future and vice versa.
(Source: P.A. 82-123.)
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(625 ILCS 5/20-202) (from Ch. 95 1/2, par. 20-202)
Sec. 20-202. Act not retroactive. This Act shall not have a retroactive effect and shall not apply to
any traffic crash, to a cause of action arising out of a traffic
crash or judgment arising therefrom, or to any violation of the laws
of this State, occurring prior to the effective date of this Act.
(Source: P.A. 102-982, eff. 7-1-23.)
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(625 ILCS 5/20-203) (from Ch. 95 1/2, par. 20-203)
Sec. 20-203.
Constitutionality.
If any part or parts of this Act shall be held to be
unconstitutional, such unconstitutionality shall not affect the validity
of the remaining parts of this Act. The legislature hereby declares that
it would have passed the remaining parts of this Act if it had known
that such part or parts thereof would be declared unconstitutional.
(Source: P.A. 76-1586.)
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(625 ILCS 5/20-204) (from Ch. 95 1/2, par. 20-204)
Sec. 20-204.
A county or the corporate authorities of a municipality may adopt all or any
portion of this Illinois Vehicle Code by reference.
(Source: P.A. 96-655, eff. 1-1-10.)
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(625 ILCS 5/20-205) Sec. 20-205. Use of current documents. A State agency may exhaust any copies of a form or document using "accident", in relation to automobile accidents, motor vehicle accidents, and traffic accidents before printing copies of a new version of the form or document that uses "crash" pursuant to the changes made by this amendatory Act of the 102nd General Assembly.
(Source: P.A. 102-982, eff. 7-1-23.) |
(625 ILCS 5/Ch. 20 Art. III heading) ARTICLE III.
REPEAL OF NAMED ACTS
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(625 ILCS 5/20-301) (from Ch. 95 1/2, par. 20-301)
Sec. 20-301.
Repeal.
The following acts are repealed:
(a) The "Illinois Vehicle Law", approved July 11, 1957, as amended.
(b) "AN ACT in relation to motor vehicles and to repeal a certain
act therein named", approved June 30, 1919, as amended.
(c) "AN ACT in relation to the issuance of insurance policies in
connection with certain transactions involving motor vehicles, and
providing a penalty for the violation thereof", approved July 7, 1955,
as amended.
(d) "AN ACT providing for the use of public money derived from fees,
excises, and license taxes relating to registration, operation and use
of vehicles on public highways, and fuels used for the propulsion of
such vehicles", approved July 21, 1947, as amended.
(e) The "Uniform Act Regulating Traffic on Highways", approved July
9, 1935, as amended.
(f) "AN ACT in relation to the prevention of the use of public
highways by vehicles exceeding prescribed weight limits", approved
August 6, 1949, as amended.
(g) "AN ACT relating to the operation of ambulances", approved July
25, 1963.
(h) "AN ACT to prevent the overloading of motor vehicles used in
transporting children", approved July 22, 1959, as amended.
(i) "AN ACT in relation to the sale of certain tires for use on
motor vehicles", approved July 9, 1955, as amended.
(j) The "Illinois Motor Carrier of Property Act", approved July 7,
1953, as amended.
(k) "AN ACT to create a Motor Vehicle Laws Commission, to define its
powers and duties, and to make an appropriation therefor", approved June
21, 1951, as amended.
(l) "AN ACT to authorize the Department of Public Safety to furnish
copies of traffic accident reports and be paid a fee therefor", approved
April 17, 1967.
(m) "AN ACT relating to the powers and duties of the Governor in
connection with the Federal Highway Safety Act of 1966", approved August
18, 1967.
(n) "AN ACT enacting and entering into the Driver Licenses Compact",
approved August 19, 1963, as amended.
(o) "AN ACT to adopt the Vehicle Equipment Safety Compact and to
provide for the administration thereof", approved August 19, 1963.
(Source: P.A. 85-293.)
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(625 ILCS 5/Ch. 20 Art. IV heading) ARTICLE IV.
SAVINGS CLAUSE AND EFFECTIVE DATE
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(625 ILCS 5/20-401) (from Ch. 95 1/2, par. 20-401)
Sec. 20-401. Saving provisions. The repeal of any Act by this
Chapter shall not affect any right accrued or liability incurred under
said repealed Act to the effective date hereof.
The provisions of this Act, insofar as they are the same or
substantially the same as those of any prior Act, shall be construed as
a continuation of said prior Act. Any license, permit, certificate,
registration, registration plate or digital registration plate, registration sticker or digital registration sticker, bond, policy of
insurance or other instrument or document issued or filed or any deposit
made under any such prior Act and still in effect on the effective date
of this Act shall, except as otherwise specifically provided in this
Act, be deemed the equivalent of a license, permit, certificate,
registration, registration plate or digital registration plate, registration sticker or digital registration sticker, bond, policy of
insurance, or other instrument or document issued or filed or any
deposit made under this Act, and shall continue in effect until its
expiration or until suspended, revoked, cancelled or forfeited under
this Act.
Furthermore, when any section of any of the various laws or acts
repealed by this Act is amended by an Amendatory Act of the 76th General
Assembly, and such amended section becomes law prior to the effective
date of this Act, then it is the intent of the General Assembly that the
corresponding section of this Code and Act be construed so as to give
effect to such amendment as if it were made a part of this Code.
Should, however, any such Amendatory Act amend a definition of a word or
phrase in an act repealed by this Act, and such becomes law prior to the
effective date of this Act, it is the further intent of the General
Assembly that the corresponding section of this Code specifically
defining such word or phrase be construed so as to give effect to such
amendment, and if not specifically defined, that the corresponding
section of Chapter 1 of this Code be construed so as to give effect to
such amendment. In the event that a new section is added to an act
repealed by this Act by an Act of the 76th General Assembly, it is the
further intent of the General Assembly that this Code be construed as if
such were made a part of this Code.
(Source: P.A. 101-395, eff. 8-16-19.)
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(625 ILCS 5/20-402) (from Ch. 95 1/2, par. 20-402)
Sec. 20-402.
Effective Date.
This Act is effective July 1, 1970.
(Source: P.A. 76-1586.)
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