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90_HB0288
SEE INDEX
Amends the Illinois Vehicle Code, the Park District Code,
and the Litter Control Act. Amends the Vehicle Code to add,
change, move, renumber, and remove certain definitions.
Replaces certain references to "driver's license examination
station" with "driver services facility". Changes certain
provisions of the Vehicle Code, Park District Code, and
Litter Control Act to reflect the changes made to the
definition provisions in the Vehicle Code. Makes other
changes.
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LRB9000475NTsbB
1 AN ACT concerning vehicles, amending named Acts.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Park District Code is amended by changing
5 Section 3-9 as follows:
6 (70 ILCS 1205/3-9) (from Ch. 105, par. 3-9)
7 Sec. 3-9. Whenever any territory, containing 80 acres or
8 less, not incorporated within a park district is wholly
9 bounded by one or more park districts, or is wholly bounded
10 by one or more park districts and a river, lake, railroad or
11 arterial street, as defined in Section 1-104 of the Illinois
12 Vehicle Code, such territory may be annexed by any park
13 district by which it is bounded in whole or in part, by the
14 passage of an ordinance to that effect after notice is given
15 as provided in this Section The corporate authorities shall
16 cause notice, stating that annexation of the territory
17 described in the notice is contemplated under this Section,
18 to be published once, in a newspaper published in the
19 annexing park district, or, if no newspaper is published in
20 the annexing park district, then in a newspaper with a
21 general circulation within the annexing park district not
22 more than 45 nor less than 30 days before the passage of the
23 annexation ordinance. The ordinance shall describe the
24 territory annexed and a certified copy thereof together with
25 an accurate map of the annexed territory shall be filed in
26 the offices of the County Clerk and Recorder of each county
27 in which said annexation takes place.
28 As used in this Section, "arterial street" means any U.S.
29 or State numbered route, controlled access highway, or other
30 major radial or circumferential street or highway designated
31 by local authorities within their respective jurisdictions as
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1 part of a major arterial system of streets or highways.
2 (Source: P.A. 87-368.)
3 Section 10. The Litter Control Act is amended by
4 changing Section 3 as follows:
5 (415 ILCS 105/3) (from Ch. 38, par. 86-3)
6 Sec. 3. As used in this Act, unless the context
7 otherwise requires:
8 (a) "Litter" means any discarded, used or unconsumed
9 substance or waste. "Litter" may include, but is not limited
10 to, any garbage, trash, refuse, debris, rubbish, grass
11 clippings or other lawn or garden waste, newspaper,
12 magazines, glass, metal, plastic or paper containers or other
13 packaging construction material, abandoned vehicle (as
14 defined in Section 4-100 of the Illinois Vehicle Code), motor
15 vehicle parts, furniture, oil, carcass of a dead animal, any
16 nauseous or offensive matter of any kind, any object likely
17 to injure any person or create a traffic hazard, potentially
18 infectious medical waste as defined in Section 3.84 of the
19 Environmental Protection Act, or anything else of an
20 unsightly or unsanitary nature, which has been discarded,
21 abandoned or otherwise disposed of improperly.
22 (b) "Motor vehicle" has the meaning ascribed to that
23 term in Section 1-146 of the Illinois Vehicle Code.
24 (c) "Person" means any individual, partnership,
25 copartnership, firm, company, corporation, association, joint
26 stock company, trust, estate, or any other legal entity, or
27 their legal representative, agent or assigns.
28 (Source: P.A. 88-415; 88-670, eff. 12-2-94.)
29 Section 15. The Illinois Vehicle Code is amended by
30 adding Sections 1-101.05, 1-101.1a, 1-101.5, 1-101.6,
31 1-105.3, 1-105.6, 1-106.5, 1-111.1d, 1-111.2a, 1-111.4,
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1 1-111.5, 1-111.6, 1-111.7, 1-112.7, 1-115.05, 1-115.07,
2 1-115.3, 1-115.5, 1-115.6, 1-115.8, 1-117.5, 1-119.3,
3 1-119.6, 1-120.5, 1-122.7, 1-123.3, 1-123.4, 1-123.5,
4 1-123.7, 1-124.5, 1-125.5, 1-125.7, 1-126.5, 1-133.05,
5 1-134.05, 1-136.5, 1-140.5, 1-142.05, 1-142.1a, 1-142.1b,
6 1-144.05, 1-148.3a, 1-148.8, 1-154.5, 1-154.7, 1-155.5,
7 1-156.5, 1-159.5, 1-159.7, 1-164.5, 1-164.7, 1-168.05,
8 1-168.5, 1-169.5, 1-171.01a, 1-171.01b, 1-171.01c, 1-171.3,
9 1-179.5, 1-180.5, 1-182.3, 1-182.6, 1-182.8, 1-186.5,
10 1-187.001, 1-190.05, 1-202.5, 1-204.05, 1-204.3, 1-204.4,
11 1-204.6, 1-209.5, 1-213.4, 1-213.5, and 1-218.5, renumbering
12 Sections 1-102.02, 1-110.1, 1-110a, 1-114, 1-114.1, 1-114.2,
13 1-124, 1-148, 1-151, 1-164, 1-171.01, 1-203.1, 1-211.1,
14 1-214.1, 1-222, 1-224, and 1-300, changing Sections 1-112.2,
15 1-162, 1-176.1, 1-183, 1-205.01, 1-205.1, 2-105, 3-400,
16 3-402, 3-402.1, 3-618, 3-804.02, 3-808, 3-1001, 4-103, 5-100,
17 5-401.3, 6-301.2, 6-500, 6-514, 6-802, 6-901, 7-100, 7-102,
18 7-305, 7-501, 11-100, 11-401, 11-416, 11-1403.3, 11-1424,
19 12-603, 12-605.1, 12-605.2, 12-607.1, 12-714, 12-715, 12-902,
20 13B-5, 15-107, 15-111, 15-301, 18b-101, 18b-102, 18b-105,
21 18b-111, and 18c-5204, and changing and renumbering Section
22 1-148.1 as follows:
23 (625 ILCS 5/1-101.05 new)
24 Sec. 1-101.05. Abandoned vehicle. For the purposes of
25 Chapter 4, "abandoned vehicle" means any vehicle in a state
26 of disrepair rendering the vehicle incapable of being driven
27 in its condition or any vehicle that has not been moved or
28 used for 7 consecutive days or more and is apparently
29 deserted.
30 (625 ILCS 5/1-101.1a new)
31 Sec. 1-101.1a. Administrative decision. The term
32 "administrative decision" is defined as in Section 3-101 of
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1 the Code of Civil Procedure.
2 (625 ILCS 5/1-101.5 new)
3 Sec. 1-101.5. Agency. For the purposes of Chapter 13B,
4 "Agency" means the Illinois Environmental Protection Agency.
5 (625 ILCS 5/1-101.6 new)
6 Sec. 1-101.6. Agricultural movements. The operation of
7 a motor vehicle or combination of vehicles controlled and
8 operated by a private motor carrier of property that is using
9 the vehicle to transport nonhazardous or hazardous
10 agricultural crop production fertilizers or agricultural
11 chemicals from a local source of supply to farm or field,
12 from one farm or field to another, or from farm or field back
13 to the local source of supply.
14 (625 ILCS 5/1-101.8, formerly 5/1-102.02) (from Ch. 95
15 1/2, par. 1-102.02)
16 Sec. 1-101.8. 1-102.02. All-terrain vehicle. Any
17 motorized off-highway device 50 inches or less in width,
18 having a manufacturer's dry weight of 600 pounds or less,
19 traveling on 3 or more low-pressure tires, designed with a
20 seat or saddle for operator use, and handlebars or steering
21 wheel for steering control.
22 (Source: P.A. 85-830.)
23 (625 ILCS 5/1-105.3 new)
24 Sec. 1-105.3. Automotive parts recycler. A person who
25 is in the business of acquiring previously owned vehicles and
26 vehicle parts for the primary purpose of disposing of parts
27 of vehicles in a manner other than that described in the
28 definition of a "scrap processor" in this Code.
29 (625 ILCS 5/1-105.6 new)
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1 Sec. 1-105.6. Axle load. The total load transmitted to
2 the road by all wheels whose centers may be included between
3 2 parallel transverse vertical planes 40 inches apart
4 extending across the full width of the vehicle.
5 (625 ILCS 5/1-106.5 new)
6 Sec. 1-106.5. Bumper. Every device or system of devices
7 protruding from and attached to the front and rear of a motor
8 vehicle that has been designed to be used to absorb the
9 impact of a collision.
10 (625 ILCS 5/1-111.1a, formerly 5/1-171.01) (from Ch. 95
11 1/2, par. 1-171.01)
12 Sec. 1-111.1a. 1-171.01. Charitable vehicle.
13 (a) Any vehicle that is exclusively owned and operated
14 by a religious or charitable not-for-profit organization and
15 is used primarily in conducting the official activities of
16 such organization.
17 (b) This definition does not include:
18 (1) a bus operated by a public utility, municipal
19 corporation or common carrier authorized to conduct local
20 or interurban transportation of passengers when such bus
21 is on a regularly scheduled route for the transportation
22 of other fare paying passengers or furnishing charter
23 service for the transportation of groups on special trips
24 or in connection with special events and not over a
25 regular or customary religious organization bus route;
26 (2) a school bus as defined in Section 1-182 of
27 this Code; or
28 (3) a First Division vehicle as defined in Section
29 1-217 of this Code; except that for purposes of
30 determining the number of persons a vehicle is designed
31 to carry, in any vehicle equipped with one or more
32 wheelchair tiedowns, each wheelchair tiedown shall be
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1 counted as 4 persons.
2 (Source: P.A. 87-1025.)
3 (625 ILCS 5/1-111.1b, formerly 5/1-110.1) (from Ch. 95
4 1/2, par. 1-110.1)
5 Sec. 1-111.1b. 1-110.1. Chassis. Every frame or
6 supportive element of a vehicle whether or not a
7 manufacturer's identification number, serial number, or other
8 identifying numbers are present on said part.
9 (Source: P.A. 83-831.)
10 (625 ILCS 5/1-111.1c, formerly 5/1-110a) (from Ch. 95
11 1/2, par. 1-110a)
12 Sec. 1-111.1c. 1-110a. Chassis manufacturer. A person
13 who manufactures and produces the frame upon which is mounted
14 the body of a motor vehicle.
15 (Source: P.A. 86-971.)
16 (625 ILCS 5/1-111.1d new)
17 Sec. 1-111.1d. Citation. Any summons, ticket, or other
18 official document issued by a police officer for a traffic
19 violation containing an order which requires the motorist to
20 respond.
21 (625 ILCS 5/1-111.2a new)
22 Sec. 1-111.2a. Collateral. Any cash or other security
23 deposited to secure an appearance for trial, following the
24 issuance by a police officer of a citation for a traffic
25 violation.
26 (625 ILCS 5/1-111.4 new)
27 Sec. 1-111.4. Commerce. Trade, commerce, or
28 transportation.
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1 (625 ILCS 5/1-111.5 new)
2 Sec. 1-111.5. Commercial driver instruction permit. A
3 permit issued pursuant to Section 6-508 of this Code.
4 (625 ILCS 5/1-111.6 new)
5 Sec. 1-111.6. Commercial driver's license (CDL). A
6 driver's license issued by a state to a person that
7 authorizes that person to drive a certain class of commercial
8 motor vehicle or vehicles.
9 (625 ILCS 5/1-111.7 new)
10 Sec. 1-111.7. Commercial driver license information
11 system (CDLIS). The information system established, pursuant
12 to the Commercial Motor Vehicle Safety Act of 1986 (CMVSA)
13 (49 U.S.C. 2701 et seq.), to serve as a clearinghouse for
14 locating information related to the licensing and
15 identification of commercial motor vehicle drivers.
16 (625 ILCS 5/1-111.8, formerly 5/1-114) (from Ch. 95 1/2,
17 par. 1-114)
18 Sec. 1-111.8. 1-114. Commercial vehicle. Any vehicle
19 operated for the transportation of persons or property in the
20 furtherance of any commercial or industrial enterprise,
21 For-Hire or Not-For-Hire, but not including a commuter van, a
22 vehicle used in a ridesharing arrangement when being used for
23 that purpose, or a recreational vehicle not being used
24 commercially.
25 (Source: P.A. 83-1091.)
26 (625 ILCS 5/1-111.9, formerly 5/1-114.1) (from Ch. 95
27 1/2, par. 1-114.1)
28 Sec. 1-111.9. 1-114.1. Commuter van. A motor vehicle
29 designed for the transportation of not less than 7 nor more
30 than 16 passengers, which is: (1) used in a ridesharing
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1 arrangement; or (2) owned or leased by or on behalf of a
2 company or an employee organization and operated on a
3 non-profit basis with the primary purpose of transporting
4 employees of the company between the employees' homes and the
5 company's place of business or a public transportation
6 station and in which the operating, administrative,
7 maintenance and reasonable depreciation costs are paid
8 principally by the persons utilizing the commuter van.
9 (Source: P.A. 84-603.)
10 (625 ILCS 5/1-112.2) (from Ch. 95 1/2, par. 1-112.2)
11 Sec. 1-112.2. Converter or second stage manufacturer. A
12 person who prior to the retail sale of a motor vehicle,
13 assembles, installs or affixes a body, cab, or special
14 equipment to a chassis, or who adds, subtracts from, or
15 modifies a previously assembled or manufactured motor
16 vehicle, commonly known as a second stage manufacturer.
17 (Source: P.A. 86-971.)
18 (625 ILCS 5/1-112.5, formerly 5/1-114.2) (from Ch. 95
19 1/2, par. 1-114.2)
20 Sec. 1-112.5. 1-114.2. Counterfeit. To copy or imitate,
21 without legal authority, with the intent of deceiving or
22 defrauding.
23 (Source: P.A. 83-1473.)
24 (625 ILCS 5/1-112.7 new)
25 Sec. 1-112.7. Court. A court of law, traffic tribunal,
26 or circuit court of Illinois, including a judge of a court of
27 law, traffic tribunal, or circuit court of Illinois.
28 (625 ILCS 5/1-115.05 new)
29 Sec. 1-115.05. Department. The Department of
30 Transportation of the State of Illinois, acting directly or
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1 through its duly authorized officers and agents, except that
2 in Chapter 5 and Articles X and XI of Chapter 3 of this Code,
3 "Department" means the Department of Revenue of the State of
4 Illinois.
5 (625 ILCS 5/1-115.07 new)
6 Sec. 1-115.07. Derelict vehicle. Any inoperable,
7 unregistered, discarded motor vehicle, regardless of title,
8 having lost its character as a substantial property and left
9 unattended without justification on the owner's land contrary
10 to the public policy expressed in Section 4-301 of this Code.
11 (625 ILCS 5/1-115.3 new)
12 Sec. 1-115.3. Disqualification. A withdrawal of the
13 privilege to drive a commercial motor vehicle.
14 (625 ILCS 5/1-115.5 new)
15 Sec. 1-115.5. Domicile. A true, fixed, and permanent
16 legal home of a person or the place to which the person
17 intends to return even though the person may reside
18 elsewhere. As a further explanation, "A person may have more
19 than one residence but only one domicile".
20 (625 ILCS 5/1-115.6 new)
21 Sec. 1-115.6. Domiciliary. A person who is domiciled.
22 (625 ILCS 5/1-115.8 new)
23 Sec. 1-115.8. Drive. To drive, operate, or be in
24 physical control of a motor vehicle.
25 (625 ILCS 5/1-117.5 new)
26 Sec. 1-117.5. Driver's license-making implement. Any
27 implement specially designed or primarily used in the
28 manufacture, assembly, or authentication of an official
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1 driver's license issued by the Secretary of State or other
2 official driver's license agency in another jurisdiction.
3 These implements include, but are not limited to, cameras
4 used for creating driver's license photographs, camera cards,
5 or driver's license laminates.
6 (625 ILCS 5/1-119.3 new)
7 Sec. 1-119.3. Expressway. A freeway with full control
8 access and with grade separations at intersections.
9 (625 ILCS 5/1-119.6 new)
10 Sec. 1-119.6. Farm to market agricultural
11 transportation. The operation of a motor vehicle controlled
12 and operated by a farmer who is a private motor carrier of
13 property, who is using the vehicle to transport agricultural
14 products to or from a farm operated by the farmer or to
15 transport farm machinery or farm supplies to or from a farm
16 operated by the farmer, and who is not using the commercial
17 vehicle to transport hazardous materials of a type or
18 quantity that requires the vehicle to be placarded in
19 accordance with the Illinois Hazardous Materials
20 Transportation Act.
21 (625 ILCS 5/1-120.5 new)
22 Sec. 1-120.5. Fifth wheel assembly. A coupling device
23 connecting 2 or more vehicles operating in combination. The
24 lower half of a fifth wheel assembly mounted on a truck
25 tractor or converter dolly must be secured to the frame of
26 that vehicle with properly designed brackets, mounting
27 plates, or angles and properly tightened bolts of adequate
28 size and grade or devices that provide equivalent security.
29 The installation shall not cause cracking, warping, or
30 deformation of the frame. The installation shall include a
31 device for positively preventing the lower half of the fifth
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1 wheel assembly from shifting on the frame to which it is
2 attached.
3 The upper half of a fifth wheel assembly must be fastened
4 to the motor vehicle with at least the same security required
5 for the installation of the lower half on a truck tractor or
6 converter dolly.
7 Every fifth wheel assembly shall have a locking
8 mechanism. The locking mechanism and any adapter used in
9 conjunction with it must prevent separation of the upper and
10 lower halves of the fifth wheel assembly unless a positive
11 manual release is activated. The release may be located so
12 that the driver can operate it from the cab. If a motor
13 vehicle has a fifth wheel assembly designed and constructed
14 to be readily separable, the fifth wheel assembly locking
15 devices shall apply automatically on coupling.
16 The lower half of a fifth wheel assembly shall be located
17 so that, regardless of the condition of loading, the
18 relationship between the kingpin and the rear axle or axles
19 of the towing motor vehicle will properly distribute the
20 gross weight of both the towed and towing vehicles on the
21 axles of those vehicles, will not unduly interfere with the
22 steering, braking, and other maneuvering of the towing
23 vehicle, and will not otherwise contribute to unsafe
24 operation of the vehicles comprising the combination. The
25 upper half of a fifth wheel assembly shall be located so that
26 the weight of the vehicles is properly distributed on their
27 axles and the combination of vehicles will operate safely
28 during normal operation.
29 (625 ILCS 5/1-122.5, formerly 5/1-124) (from Ch. 95 1/2,
30 par. 1-124)
31 Sec. 1-122.5. 1-124. For-hire. The operation of a vehicle
32 for compensation and subject to federal regulation by the
33 Interstate Commerce Commission or to state regulation by the
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1 Illinois Commerce Commission and those vehicles governed by
2 Chapters 8 and 9 under this Code and regulated by the
3 Secretary of State.
4 (Source: P.A. 86-880.)
5 (625 ILCS 5/1-122.7 new)
6 Sec. 1-122.7. For-profit ridesharing arrangement. The
7 transportation by motor vehicle of not more than 16 persons,
8 including the driver, for which a fee is charged in
9 accordance with Section 6 of the Ridesharing Arrangements
10 Act.
11 (625 ILCS 5/1-123.3 new)
12 Sec. 1-123.3. Frame. The main longitudinal structural
13 members of the chassis of the vehicle or, for vehicles with
14 unitized body construction, the lowest main longitudinal
15 structural members of the body of the vehicle.
16 (625 ILCS 5/1-123.4 new)
17 Sec. 1-123.4. Fraudulent driver's license or permit.
18 Any license or permit that purports to be an official
19 driver's license or permit for which a computerized number
20 and file have not been created by the Secretary of State or
21 other official driver's license agency in another
22 jurisdiction.
23 (625 ILCS 5/1-123.5 new)
24 Sec. 1-123.5. Freeway. A highway or street especially
25 designed for through traffic and to, from, or over which
26 owners of or persons having an interest in abutting land or
27 other persons have no right or easement or only a limited
28 right or easement of access, crossing, light, air, or view by
29 reason of the fact that the property abuts upon the highway
30 or street or for any other reason.
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1 (625 ILCS 5/1-123.7 new)
2 Sec. 1-123.7. Garbage. Any material or load consisting
3 of waste from the facilities of the generator of the waste
4 when transported for disposal or to a permitted recycling or
5 waste processing facility when the generator receives no
6 direct or indirect compensation from anyone for the material
7 or load and when transported by a truck specially equipped
8 with a selfcompactor or an industrial roll-off hoist and
9 roll-off container.
10 (625 ILCS 5/1-124.5 new)
11 Sec. 1-124.5. Gross Vehicle Weight Rating (GVWR). The
12 value specified by the manufacturer or manufacturers as the
13 maximum loaded weight of a single vehicle. The GVWR of a
14 combination of vehicles (commonly referred to as the "Gross
15 Combination Weight Rating" or GCWR) is the GVWR of the power
16 unit plus the GVWR of the towed unit or units. In the
17 absence of a value specified by the manufacturer, GCWR is
18 determined by adding the GVWR of the power unit and the total
19 weight of the towed unit and any load on the unit.
20 (625 ILCS 5/1-125.5 new)
21 Sec. 1-125.5. Hazardous material. Upon a finding by the
22 United States Secretary of Transportation, in his or her
23 discretion, under 49 App. U.S.C. 5103(a), that the
24 transportation of a particular quantity and form of material
25 in commerce may pose an unreasonable risk to health and
26 safety or property, he or she shall designate the quantity
27 and form of material or group or class of the materials as a
28 hazardous material. The materials so designated may include
29 but are not limited to explosives, radioactive materials,
30 etiologic agents, flammable liquids or solids, combustible
31 liquids or solids, poisons, oxidizing or corrosive materials,
32 and compressed gases.
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1 (625 ILCS 5/1-125.7 new)
2 Sec. 1-125.7. Headset receiver. Any device, other than
3 a hearing aid, designed to be worn on a person's head that
4 enables the wearer to hear or receive electronic
5 communications.
6 (625 ILCS 5/1-126.5 new)
7 Sec. 1-126.5. Home jurisdiction. The jurisdiction that
8 issued the driver's license of the traffic violator.
9 (625 ILCS 5/1-133.05 new)
10 Sec. 1-133.05. Interstate carrier of property. Any
11 person who is engaged in the transportation of property only
12 by motor vehicle in whole or in part in interstate or foreign
13 commerce in this State either with or without authority
14 issued from the Interstate Commerce Commission.
15 (625 ILCS 5/1-134.05 new)
16 Sec. 1-134.05. Issuing jurisdiction. The jurisdiction
17 in which the traffic citation was issued to the motorist.
18 (625 ILCS 5/1-136.5 new)
19 Sec. 1-136.5. Law enforcement agency. Every
20 governmental enforcement agency or officer having authority
21 to enforce the provisions of this Act or applicable local
22 vehicle ordinances.
23 (625 ILCS 5/1-140.5 new)
24 Sec. 1-140.5. Local mass transit system. An organized
25 system providing passenger transportation over regular routes
26 within a designated municipality or area.
27 (625 ILCS 1-142.05 new)
28 Sec. 1-142.05. Maxi-cube vehicle. A combination of
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1 vehicles consisting of a truck-tractor, upon which is mounted
2 a separable cargo carrying semi-trailer, and a trailing unit
3 that is attached by a pintle hook or similar connection, with
4 the separable cargo carrying semi-trailer designed so as to
5 be loaded and unloaded through the trailing unit, except that
6 the entire combination shall not exceed 65 feet in length and
7 that neither the semi-trailer nor the trailing unit in the
8 combination shall by itself exceed 34 feet in length.
9 (625 ILCS 5/1-142.1a new)
10 Sec. 1-142.1a. Medical examiner or medical practitioner.
11 Any person licensed to practice medicine in all its branches
12 in the State of Illinois.
13 (625 ILCS 5/1-142.1b new)
14 Sec. 1-142.1b. Medical limitation or condition. A
15 scientifically recognized condition that may medically impair
16 a person's physical or mental health to the extent the person
17 is unable to safely operate a motor vehicle.
18 (625 ILCS 5/1-144.05 new)
19 Sec. 1-144.05. Model year. The year of manufacture of a
20 vehicle based upon the annual production period of the
21 vehicle as designated by the manufacturer and indicated on
22 the title and registration of the vehicle. If the
23 manufacturer does not designate a production period for the
24 vehicle, then "model year" means the calendar year of
25 manufacture.
26 (625 ILCS 1-145.001, formerly 5/1-148) (from Ch. 95 1/2,
27 par. 1-148)
28 Sec. 1-145.001. 1-148. Motor driven cycle. Every
29 motorcycle and every motor scooter with less than 150 cubic
30 centimeter piston displacement including motorized
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1 pedalcycles.
2 (Source: P.A. 80-262.)
3 (625 ILCS 5/1-148.3a new)
4 Sec. 1-148.3a. Muffler. A device consisting of a series
5 of chambers or baffle plates or other mechanical design for
6 the purpose of receiving exhaust gas from an internal
7 combustion engine or turbine wheels for the purpose of
8 receiving exhaust gas from a diesel engine, all of which are
9 effective in reducing noise.
10 (625 ILCS 5/1-148.3b, formerly 5/1-148.1) (from Ch. 95
11 1/2, par. 1-148.1)
12 Sec. 1-148.3b. 1-148.1. Multipurpose passenger vehicle. A
13 motor passenger carrying vehicle with motive power, except a
14 trailer, designed to carry 10 persons or less that which is
15 constructed either on a truck chassis or with special
16 features for occasional off-road operation.
17 (Source: P.A. 78-343.)
18 (625 ILCS 5/148.6, formerly 5/1-151) (from Ch. 95 1/2,
19 par. 1-151)
20 Sec. 1-148.6. 1-151. Noncommercial vehicle. Any vehicle
21 that is not a commercial vehicle.
22 (Source: P.A. 76-1586.)
23 (625 ILCS 5/1-148.8 new)
24 Sec. 1-148.8. Nondivisible load or vehicle. A load or
25 vehicle that when separated into smaller loads or vehicles
26 further dismantling would:
27 (1) Compromise the intended use of the load or vehicle
28 or make it unable to perform the function for which it was
29 intended.
30 (2) Destroy the value of the load or vehicle or make it
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1 unusable for its intended purpose.
2 (3) Require more than 8 work hours to dismantle using
3 appropriate equipment. The applicant for a nondivisible load
4 has the burden of proof as to the number of work hours
5 required to dismantle the load.
6 (625 ILCS 5/1-154.5 new)
7 Sec. 1-154.5. Out-of-service order. A temporary
8 prohibition against driving a commercial motor vehicle.
9 (625 ILCS 5/1-154.7 new)
10 Sec. 1-154.7. Out-of-state salvage vehicle buyer. A
11 person who is licensed in another state for the primary
12 purpose of acquiring salvage vehicles and who is issued an
13 out-of-state salvage vehicle buyer's identification card in
14 this State for the sole purpose of acquiring salvage vehicles
15 and taking them out of state.
16 (625 ILCS 5/1-155.5 new)
17 Sec. 1-155.5. Owner-operator. A commercial motor
18 vehicle lessor who leases the commercial motor vehicle, with
19 driver, to a lessee.
20 (625 ILCS 5/1-156.5 new)
21 Sec. 1-156.5. Park district. Any park district formed
22 under the Park District Code or any Submerged Land Park
23 District as that term is defined in subsection (c) of Section
24 1-3 of the Park District Code.
25 (625 ILCS 5/1-158.5, formerly 5/1-300) (from Ch. 95 1/2,
26 par. 1-300)
27 Sec. 1-158.5. 1-300. Penalties and offenses-definitions.
28 The following words and phrases when used in this Act, shall
29 for the purposes of this Act, have the meanings ascribed to
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1 them in Article V of the "Unified Code of Corrections", as
2 now or hereafter amended:
3 Business Offense;
4 Conviction;
5 Court;
6 Felony;
7 Class 1 Felony;
8 Class 2 Felony;
9 Class 3 Felony;
10 Class 4 Felony;
11 Imprisonment;
12 Judgment;
13 Misdemeanor;
14 Class A Misdemeanor;
15 Class B Misdemeanor;
16 Class C Misdemeanor;
17 Offense;
18 Petty Offense;
19 Sentence.
20 (Source: P.A. 78-142.)
21 (625 ILCS 5/1-159.5 new)
22 Sec. 1-159.5. Personal injury. Any injury requiring
23 immediate professional treatment in a medical facility or
24 doctor's office.
25 (625 ILCS 5/1-159.7 new)
26 Sec. 1-159.7. Personal recognizance. An agreement by a
27 motorist made at the time of issuance of a traffic citation
28 that the motorist will comply with the terms of that traffic
29 citation.
30 (625 ILCS 5/1-162) (from Ch. 95 1/2, par. 1-162)
31 Sec. 1-162. Police officer. Every officer authorized to
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1 direct or regulate traffic or to make arrests and issue
2 citations for violations of traffic regulations.
3 (Source: P.A. 76-1586.)
4 (625 ILCS 5/1-162.5, formerly 5/1-164) (from Ch. 95 1/2,
5 par. 1-164)
6 1-162.5. Sec. 1-164. Principal place of business. The
7 place where any person transacts his principal business, or
8 where he makes up and approves his payroll, maintains a
9 central file of records and maintains his principal executive
10 offices. In the event that not all of these functions are
11 performed in one place, then that place where a majority of
12 such functions are performed or the place where such person
13 does in fact principally transact and control his business
14 affairs.
15 (Source: P.A. 76-1586.)
16 (625 ILCS 5/1-164.5 new)
17 Sec. 1-164.5. Proof of financial responsibility. Proof
18 of ability to respond in damages for any liability thereafter
19 incurred resulting from the ownership, maintenance, use or
20 operation of a motor vehicle for bodily injury to or death of
21 any person in the amount of $20,000, and subject to this
22 limit for any one person injured or killed, in the amount of
23 $40,000 for bodily injury to or death of 2 or more persons in
24 any one accident, and for damage to property in the amount of
25 $15,000 resulting from any one accident. This proof in these
26 amounts shall be furnished for each motor vehicle registered
27 by every person required to furnish this proof.
28 (625 ILCS 5/1-164.7 new)
29 Sec. 1-164.7. Public utility. Each firm lawfully
30 licensed and engaged in any of the following: the
31 transmission of telegraphic or telephonic messages; the
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1 production, storage, transmission, distribution, sale,
2 delivery, or furnishing of heat, cold, light, power,
3 electricity, gas, or water; the disposal of sewage; the
4 conveyance of oil or gas by pipeline; the drilling of water
5 wells; or the installation or repair of facilities for any of
6 these foregoing activities.
7 (625 ILCS 5/1-168.05 new)
8 Sec. 1-168.05. Rebuilder. A person who is in the
9 business of returning a vehicle for which a salvage
10 certificate has been previously issued back to its original
11 or operating condition.
12 (625 ILCS 5/1-168.5 new)
13 Sec. 1-168.5. Recognized repair technician. A person
14 professionally engaged in vehicle repair, employed by a going
15 concern whose purpose is vehicle repair, or possessing
16 nationally recognized certification for emission-related
17 diagnosis and repair.
18 (625 ILCS 5/1-169.5 new)
19 Sec. 1-169.5. Refuse. Any material or load consisting
20 of waste from the facilities of the generator of the waste
21 when transported for disposal or to a permitted recycling or
22 waste processing facility when the generator receives no
23 direct or indirect compensation from anyone for the material
24 or load and when transported by a truck specially equipped
25 with a selfcompactor or an industrial roll-off hoist and
26 roll-off container.
27 (625 ILCS 5/1-171.01a new)
28 Sec. 1-171.01a. Remittance agent. For the purposes of
29 Article IX of Chapter 3, the term "remittance agent" means
30 any person who holds himself or herself out to the public as
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1 being engaged in or who engages in accepting money for
2 remittance to the State of Illinois or any of its
3 instrumentalities or political subdivisions, or to any of
4 their officials, for the payment of vehicle taxes or vehicle
5 license or registration fees regardless of when the money is
6 accepted from the public or remitted to the State, whether or
7 not the person renders any other service in connection with
8 the making of any such remittance or is engaged in any other
9 endeavor. The term "remittance agent" does not include any
10 licensed dealer in motor vehicles who accepts money for
11 remittance to the State of Illinois for the payment of
12 vehicle taxes or vehicle licenses or registration fees as an
13 incident to his or her business as a motor vehicle dealer.
14 (625 ILCS 5/1-171.01b new)
15 Sec. 1-171.01b. Remittee. The State of Illinois
16 location where the remittance agent brings the money and
17 application he or she receives from the general public
18 (remitter) to be processed by the State of Illinois.
19 (625 ILCS 5/1-171.01c new)
20 Sec. 1-171.01c. Remitter. Any person who gives money to
21 a remittance agent to submit to the State of Illinois and its
22 licensing and taxing agencies for the payment of vehicle
23 taxes or vehicle license and registration fees.
24 (625 ILCS 5/1-171.3 new)
25 Sec. 1-171.3. Repairer. A person who is in the business
26 of returning a vehicle other than a vehicle for which a
27 salvage certificate has been issued back to its original or
28 operating condition by restoring, mending, straightening,
29 replacing, altering, or painting its essential parts.
30 (625 ILCS 5/1-171.6, formerly 5/1-222) (from Ch. 95 1/2,
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1 par. 1-222)
2 Sec. 1-171.6. 1-222. Rescue squad. A voluntary
3 association of individuals or a fire department dedicated to
4 saving lives through the rescue of persons entrapped in
5 wrecked vehicles or other hazardous circumstances and
6 associated with some unit of government.
7 (Source: P.A. 79-537.)
8 (625 ILCS 5/1-171.8, formerly 5/1-224) (from Ch. 95 1/2,
9 par. 1-224)
10 Sec. 1-171.8. 1-224. Rescue vehicle. Any publicly or
11 privately owned vehicle which is specifically designed,
12 configured, and equipped for the performance of access and
13 extrication of persons from hazardous or life-endangering
14 situations, as well as for the emergency transportation of
15 persons who are sick, injured, wounded or otherwise
16 incapacitated or helpless.
17 (Source: P.A. 82-433.)
18 (625 ILCS 5/1-176.1) (from Ch. 95 1/2, par. 1-176.1)
19 Sec. 1-176.1. Ridesharing arrangement. The transportation
20 by motor vehicle of not more than 16 persons, including the
21 driver, (1) for purposes incidental to another purpose of the
22 driver, for which no fee is charged or paid except to
23 reimburse the driver or owner of the vehicle for his or her
24 operating expenses on a nonprofit basis or (2) when these
25 persons are traveling between their homes and their places of
26 employment, or places reasonably convenient thereto, for
27 which (i) no fee is charged or paid except to reimburse the
28 driver or owner of the vehicle for his or her operating
29 expenses on a nonprofit basis or (ii) a fee is charged in
30 accordance with the provisions of Section 6 of "Ridesharing
31 arrangement" and "for-profit ridesharing arrangement" shall
32 have the meanings ascribed to them in the Ridesharing
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1 Arrangements Act.
2 (Source: P.A. 83-1091.)
3 (625 ILCS 5/1-179.5 new)
4 Sec. 1-179.5. Rooftop. The major uppermost portion of a
5 bus body that is flat in a fore and aft direction.
6 (625 ILCS 5/1-180.5 new)
7 Sec. 1-180.5. Safety glazing material. Any glazing
8 material so constructed, treated, or combined with other
9 materials as to reduce substantially, in comparison with
10 ordinary sheet glass or plate glass, the likelihood of injury
11 to persons by objects from exterior sources or by these
12 safety glazing materials when they may be cracked or broken.
13 (625 ILCS 5/1-182.3 new)
14 Sec. 1-182.3. Scrap processor. A person who purchases a
15 vehicle, junk vehicle, or vehicle cowl for processing into a
16 form other than a vehicle, junk vehicle, or vehicle cowl for
17 remelting purposes only, who from a fixed location utilizes
18 machinery and equipment for processing or manufacturing
19 ferrous or nonferrous metallic scrap into prepared grades,
20 and whose principal product is metallic scrap and who records
21 the purchases on a weight ticket.
22 (625 ILCS 5/1-182.6 new)
23 Sec. 1-182.6. Seat safety belts. A set of belts or a
24 harness meeting the specifications established by the
25 Department of Transportation and installed in such manner as
26 to prevent or materially reduce the movement of the person
27 using the belts or harness in the event of collision or upset
28 of the vehicle.
29 (625 ILCS 5/1-182.8 new)
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1 Sec. 1-182.8. Second stage manufacturer or converter. A
2 person who prior to the retail sale of a motor vehicle,
3 assembles, installs or affixes a body, cab, or special
4 equipment to a chassis, or who adds, subtracts from, or
5 modifies a previously assembled or manufactured motor
6 vehicle.
7 (625 ILCS 5/1-183) (from Ch. 95 1/2, par. 1-183)
8 Sec. 1-183. Secretary. The Illinois Secretary of State or
9 his or her designee of Illinois.
10 (Source: P.A. 76-1586.)
11 (625 ILCS 5/1-186.5 new)
12 Sec. 1-186.5. Selling price. The consideration received
13 for a motor vehicle subject to the tax imposed by Section
14 3-1001 valued in money, whether received in money or
15 otherwise, including cash, credits, service, or property. In
16 the case of gifts or transfers without reasonable
17 consideration, "selling price" shall be deemed to be the fair
18 market value as determined by the Department of Revenue.
19 (625 ILCS 5/1-187.001 new)
20 Sec. 1-187.001. Serious traffic violation.
21 (a) A conviction when operating a commercial motor
22 vehicle of:
23 (i) a violation relating to excessive speeding,
24 involving a single speeding charge of 15 miles per hour
25 or more above the legal speed limits; or
26 (ii) a violation relating to reckless driving; or
27 (iii) a violation of any State law or local
28 ordinance relating to motor vehicle traffic control
29 (other than parking violations) arising in connection
30 with a fatal traffic accident; or
31 (iv) a violation of Section 6-501, relating to
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1 having multiple driver's licenses; or
2 (v) a violation of paragraph (a) of Section 6-507,
3 relating to the requirement to have a valid CDL; or
4 (vi) a violation relating to improper or erratic
5 traffic lane changes; or
6 (vii) a violation relating to following another
7 vehicle too closely; or
8 (b) Any other similar violation of a law or local
9 ordinance of any state relating to motor vehicle traffic
10 control, other than a parking violation, that the Secretary
11 of State determines by administrative rule to be serious.
12 (625 ILCS 5/1-190.05 new)
13 Sec. 1-190.05. Special hauling vehicle. A vehicle or
14 combination of vehicles transporting asphalt or concrete in
15 the plastic state or a vehicle or combination of vehicles
16 that is subject to the weight limitations in subsections (a)
17 and (b) of Section 15-111 for which the owner of the vehicle
18 or combination of vehicles has elected to pay, in addition
19 to the registration fees stated in subsection (a) or (c) of
20 Section 3-815 or Section 3-818, $100 to the Secretary of
21 State for each registration year.
22 (625 ILCS 5/1-197.5, formerly 5/1-203.1) (from Ch. 95
23 1/2, par. 1-203.1)
24 Sec. 1-197.5. 1-203.1. Statutory summary alcohol or
25 other drug related suspension of driver's privileges. The
26 withdrawal by the circuit court of a person's license or
27 privilege to operate a motor vehicle on the public highways
28 for the periods provided in Section 6-208.1. Reinstatement
29 after the suspension period shall occur after all appropriate
30 fees have been paid, unless the court notifies the Secretary
31 of State that the person should be disqualified. The bases
32 for this withdrawal of driving privileges shall be the
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1 individual's refusal to submit to or failure to complete a
2 chemical test or tests following an arrest for the offense of
3 driving under the influence of alcohol or other drugs, or
4 both, or submission to such a test or tests indicating an
5 alcohol concentration of 0.10 or more as provided in Section
6 11-501.1 of this Code.
7 (Source: P.A. 84-1394.)
8 (625 ILCS 5/1-202.5 new)
9 Sec. 1-202.5. Strobe lamp. A vehicular signaling device
10 that generates flashes of light by inducing intermittent
11 flows of electricity through a gas.
12 (625 ILCS 5/1-204.05 new)
13 Sec. 1-204.05. Suspension system. The system of devices
14 consisting of but not limited to springs, spring shackles,
15 shock absorbers, torsion bars, a frame, or any other
16 supporting members used to attach the body of a motor vehicle
17 to its axles.
18 (625 ILCS 5/1-204.3 new)
19 Sec. 1-204.3. Tandem axles. Any 2 or more single axles
20 whose centers are more than 40 inches and not more than 96
21 inches apart, measured to the nearest inch between extreme
22 axles in the series, except as provided in Section 15-111 for
23 special hauling vehicles.
24 (625 ILCS 5/1-204.4 new)
25 Sec. 1-204.4. Tank vehicle. Any commercial motor
26 vehicle that is designed to transport any liquid or gaseous
27 material within a tank that is either permanently or
28 temporarily attached to the vehicle or the chassis. Those
29 vehicles include, but are not limited to, cargo tanks and
30 portable tanks, as defined in 49 C.F.R. Part 171. However,
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1 for the purposes of Article V of Chapter 6 of this Code, this
2 definition does not include portable tanks having a rated
3 capacity of less than 1,000 gallons.
4 (625 ILCS 5/1-204.6 new)
5 Sec. 1-204.6. Terms of the citation. Those options
6 expressly stated upon the citation.
7 (625 ILCS 5/1-205.01) (from Ch. 95 1/2, par. 1-205.01)
8 Sec. 1-205.01. Tollroad or toll highway. All highways
9 under the jurisdiction of the Illinois State Toll Highway
10 Authority.
11 (Source: P.A. 85-830.)
12 (625 ILCS 5/1-205.1) (from Ch. 95 1/2, par. 1-205.1)
13 Sec. 1-205.1. Tow-Truck. Every truck designed or altered
14 and equipped for and used to push, tow, carry upon, or draw
15 vehicles by means of a crane, hoist, towbar, towline or
16 auxiliary axle, or carried upon to render assistance to
17 disabled vehicles, except for any truck tractor temporarily
18 converted to a tow truck by means of a portable wrecker unit
19 attached to the fifth wheel of the truck tractor and used
20 only by the owner to tow a disabled vehicle also owned by him
21 or her and never used for hire.
22 (Source: P.A. 89-245, eff. 1-1-96.)
23 (625 ILCS 5/1-209.5 new)
24 Sec. 1-209.5. Transportation. The actual movement of
25 property or passengers by motor vehicle, together with
26 loading, unloading, and any other accessorial or ancillary
27 service provided by the carrier in connection with movement
28 by motor vehicle.
29 (625 ILCS 5/1-212.5, formerly 5/1-211.1) (from Ch. 95
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1 1/2, par. 1-211.1)
2 Sec. 1-212.5. 1-211.1. Truckster. Every motor vehicle or
3 motorcycle with 3 wheels designed, used or maintained
4 primarily for the transportation of property.
5 (Source: P.A. 77-1633.)
6 (625 ILCS 5/1-213.4 new)
7 Sec. 1-213.4. Type I school bus. A school bus with a
8 Gross Vehicle Weight Rating more than 10,000 pounds.
9 (625 ILCS 5/1-213.5 new)
10 Sec. 1-213.5. Type II school bus. A school bus with a
11 Gross Vehicle Weight Rating of 10,000 pounds or less.
12 (625 ILCS 5/1-214.8, formerly 5/1-214.1) (from Ch. 95
13 1/2, par. 1-214.1)
14 Sec. 1-214.8. 1-214.1. Urban area. An urban area is any
15 incorporated or unincorporated area developed primarily for
16 residential and/or business purposes.
17 (Source: P.A. 77-58.)
18 (625 ILCS 5/1-218.5 new)
19 Sec. 1-218.5. Verified evidence. A document that is
20 confirmed or substantiated by a sworn report or any public
21 record received from a court of competent jurisdiction.
22 (625 ILCS 5/2-105) (from Ch. 95 1/2, par. 2-105)
23 Sec. 2-105. Offices of Secretary of State. The Secretary
24 of State shall maintain offices in the State capital and in
25 such other places in the State as he may deem necessary to
26 properly carry out the powers and duties vested in him.
27 The Secretary of State may construct and equip one or
28 more buildings in the State of Illinois outside of the County
29 of Sangamon as he deems necessary to properly carry out the
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1 powers and duties vested in him. The Secretary of State may,
2 on behalf of the State of Illinois, acquire public or private
3 property needed therefor by lease, purchase or eminent
4 domain. The care, custody and control of such sites and
5 buildings constructed thereon shall be vested in the
6 Secretary of State. Expenditures for the construction and
7 equipping of any of such buildings upon premises owned by
8 another public entity shall not be subject to the provisions
9 of any State law requiring that the State be vested with
10 absolute fee title to the premises. The exercise of the
11 authority vested in the Secretary of State by this Section is
12 subject to the appropriation of the necessary funds.
13 Pursuant to Sections 4-6.2, 5-16.2, and 6-50.2 of The
14 Election Code, the Secretary of State shall make driver
15 services facilities drivers license exam stations available
16 for use as temporary places of registration. Registration
17 within the offices shall be in the most public, orderly and
18 convenient portions thereof, and Section 4-3, 5-3, and 11-4
19 of The Election Code relative to the attendance of police
20 officers during the conduct of registration shall apply.
21 Registration under this Section shall be made in the manner
22 provided by Sections 4-8, 4-10, 5-7, 5-9, 6-34, 6-35, and
23 6-37 of The Election Code.
24 Within 30 days after the effective date of this
25 amendatory Act of 1990, and no later than November 1 of each
26 even-numbered year thereafter, the Secretary of State, to the
27 extent practicable, shall designate to each election
28 authority in the State a reasonable number of employees at
29 each driver services facility driver's license examination
30 station registered to vote within the jurisdiction of such
31 election authority and within adjacent election jurisdictions
32 for appointment as deputy registrars by the election
33 authority located within the election jurisdiction where the
34 employees maintain their residences. Such designation shall
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1 be in writing and certified by the Secretary of State.
2 Each person applying at a driver services facility
3 driver's license examination station for a driver's license
4 or permit, a corrected driver's license or permit, an
5 Illinois identification card or a corrected Illinois
6 identification card shall be notified that the person may
7 register at such station to vote in the election jurisdiction
8 in which the station is located or in an election
9 jurisdiction adjacent to the location of the station and may
10 also transfer his voter registration at such station to an
11 address in the election jurisdiction within which the station
12 is located or to an address in an adjacent election
13 jurisdiction. Such notification may be made in writing or
14 verbally issued by an employee or the Secretary of State.
15 The Secretary of State shall promulgate such rules as may
16 be necessary for the efficient execution of his duties and
17 the duties of his employees under this amendatory Act of
18 1990.
19 (Source: P.A. 86-1435.)
20 (625 ILCS 5/3-400) (from Ch. 95 1/2, par. 3-400)
21 Sec. 3-400. Definition. Notwithstanding the definition
22 set forth in Chapter 1 of this Act, for the purposes of this
23 Article, the following words shall have the meaning ascribed
24 to them as follows:
25 "Apportionable Fee" means any periodic recurring fee
26 required for licensing or registering vehicles, such as, but
27 not limited to, registration fees, license or weight fees.
28 "Apportionable Vehicle" means any vehicle, except
29 recreational vehicles, vehicles displaying restricted plates,
30 city pickup and delivery vehicles, buses used in
31 transportation of chartered parties, and government owned
32 vehicles that are used or intended for use in 2 or more
33 member jurisdictions that allocate or proportionally register
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1 vehicles, in a fleet which is used for the transportation of
2 persons for hire or the transportation of property and which
3 has a gross vehicle weight in excess of 26,000 pounds; or has
4 three or more axles regardless of weight; or is used in
5 combination when the weight of such combination exceeds
6 26,000 pounds gross vehicle weight. Vehicles, or
7 combinations having a gross vehicle weight of 26,000 pounds
8 or less and two-axle vehicles may be proportionally
9 registered at the option of such owner.
10 "Base Jurisdiction" means, for purposes of fleet
11 registration, the jurisdiction where the registrant has an
12 established place of business, where operational records of
13 the fleet are maintained and where mileage is accrued by the
14 fleet. In case a registrant operates more than one fleet,
15 and maintains records for each fleet in different places, the
16 "base jurisdiction" for a fleet shall be the jurisdiction
17 where an established place of business is maintained, where
18 records of the operation of that fleet are maintained and
19 where mileage is accrued by that fleet.
20 "Operational Records" means documents supporting miles
21 traveled in each jurisdiction and total miles traveled, such
22 as fuel reports, trip leases, and logs.
23 Owner. A person who holds legal title of a motor
24 vehicle, or in the event a motor vehicle is the subject of an
25 agreement for the conditional sale or lease thereof with the
26 right of purchase upon performance of the conditions stated
27 in the agreement and with an immediate right of possession
28 vested in the conditional vendee or lessee with right of
29 purchase, or in the event a mortgagor of such motor vehicle
30 is entitled to possession, or in the event a lessee of such
31 motor vehicle is entitled to possession or control, then such
32 conditional vendee or lessee with right of purchase or
33 mortgagor or lessee is considered to be the owner for the
34 purpose of this Act.
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1 "Preceding Year" means the period of 12 consecutive
2 months immediately prior to July 1st of the year immediately
3 preceding the registration or license year for which
4 proportional registration is sought.
5 "Rental Owner" means an owner principally engaged, with
6 respect to one or more rental fleets, in renting to others or
7 offering for rental the vehicles of such fleets, without
8 drivers.
9 "Restricted Plates" shall include but are not limited to
10 dealer, manufacturer, transporter, farm, repossessor, and
11 permanently mounted type plates. Vehicles displaying any of
12 these type plates from a foreign jurisdiction that is a
13 member of the International Registration Plan shall be
14 granted reciprocity but shall be subject to the same
15 limitations as similar plated Illinois registered vehicles.
16 (Source: P.A. 89-571, eff. 7-26-96.)
17 (625 ILCS 5/3-402) (from Ch. 95 1/2, par. 3-402)
18 Sec. 3-402. Vehicles subject to registration;
19 exceptions.
20 A. Exemptions and Policy. Every motor vehicle, trailer,
21 semitrailer and pole trailer when driven or moved upon a
22 highway shall be subject to the registration and certificate
23 of title provisions of this Chapter except:
24 (1) Any such vehicle driven or moved upon a highway
25 in conformance with the provisions of this Chapter
26 relating to manufacturers, transporters, dealers,
27 lienholders or nonresidents or under a temporary
28 registration permit issued by the Secretary of State;
29 (2) Any implement of husbandry whether of a type
30 otherwise subject to registration hereunder or not which
31 is only incidentally operated or moved upon a highway,
32 which shall include a not-for-hire movement for the
33 purpose of delivering farm commodities to a place of
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1 first processing or sale, or to a place of storage;
2 (3) Any special mobile equipment as herein defined;
3 (4) Any vehicle which is propelled exclusively by
4 electric power obtained from overhead trolley wires
5 though not operated upon rails;
6 (5) Any vehicle which is equipped and used
7 exclusively as a pumper, ladder truck, rescue vehicle,
8 searchlight truck, or other fire apparatus, but not a
9 vehicle of a type which would otherwise be subject to
10 registration as a vehicle of the first division;
11 (6) Any vehicle which is owned and operated by the
12 federal government and externally displays evidence of
13 federal ownership. It is the policy of the State of
14 Illinois to promote and encourage the fullest use of its
15 highways and to enhance the flow of commerce thus
16 contributing to the economic, agricultural, industrial
17 and social growth and development of this State, by
18 authorizing the Secretary of State to negotiate and enter
19 into reciprocal or proportional agreements or
20 arrangements with other States, or to issue declarations
21 setting forth reciprocal exemptions, benefits and
22 privileges with respect to vehicles operated interstate
23 which are properly registered in this and other States,
24 assuring nevertheless proper registration of vehicles in
25 Illinois as may be required by this Code;
26 (7) Any converter dolly or tow dolly which merely
27 serves as substitute wheels for another legally licensed
28 vehicle. A title may be issued on a voluntary basis to a
29 tow dolly upon receipt of the manufacturer's certificate
30 of origin or the bill of sale;
31 (8) Any house trailer found to be an abandoned
32 mobile home under the Abandoned Mobile Home Act;
33 (9) Any vehicle that is not properly registered or
34 does not have registration plates issued to the owner or
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1 operator affixed thereto, or that does have registration
2 plates issued to the owner or operator affixed thereto
3 but the plates are not appropriate for the weight of the
4 vehicle, provided that this exemption shall apply only
5 while the vehicle is being transported or operated by a
6 towing service and has a third tow plate affixed to it.
7 "Intrastate" or "intrastate commerce" means
8 transportation originating at any point or place within this
9 State and destined to any other point or place within this
10 State, irrespective of the route, highway or highways
11 traversed, and including transportation which passes into or
12 through another State before delivery is made within this
13 State, and including any act of transportation which includes
14 or completes a pickup within Illinois for delivery within
15 Illinois.
16 "Interstate" or "interstate commerce" means
17 transportation between 2 or more States or transportation
18 originating in one State and passing into or through other
19 States for delivery in another State, and which is not
20 "intrastate".
21 B. Reciprocity. Any motor vehicle, trailer, semitrailer
22 or pole trailer need not be registered under this Code
23 provided the same is operated interstate and in accordance
24 with the following provisions and any rules and regulations
25 promulgated pursuant thereto:
26 (1) A nonresident owner, except as otherwise
27 provided in this Section, owning any foreign registered
28 vehicle of a type otherwise subject to registration
29 hereunder, may operate or permit the operation of such
30 vehicle within this State in interstate commerce without
31 registering such vehicle in, or paying any fees to, this
32 State subject to the condition that such vehicle at all
33 times when operated in this State is operated pursuant to
34 a reciprocity agreement, arrangement or declaration by
-35- LRB9000475NTsbB
1 this State, and further subject to the condition that
2 such vehicle at all times when operated in this State is
3 duly registered in, and displays upon it, a valid
4 registration card and registration plate or plates issued
5 for such vehicle in the place of residence of such owner
6 and is issued and maintains in such vehicle a valid
7 Illinois reciprocity permit as required by the Secretary
8 of State, and provided like privileges are afforded to
9 residents of this State by the State of residence of such
10 owner.
11 Every nonresident including any foreign corporation
12 carrying on business within this State and owning and
13 regularly operating in such business any motor vehicle,
14 trailer or semitrailer within this State in intrastate
15 commerce, shall be required to register each such vehicle
16 and pay the same fees therefor as is required with
17 reference to like vehicles owned by residents of this
18 State.
19 (2) Any motor vehicle, trailer, semitrailer and
20 pole trailer operated interstate need not be registered
21 in this State, provided:
22 (a) same is properly registered in another
23 State pursuant to law or to a reciprocity agreement,
24 arrangement or declaration; or
25 (b) that such vehicle is part of a fleet of
26 vehicles owned or operated by the same person who
27 registers such fleet of vehicles pro rata among the
28 various States in which such fleet operates; or
29 (c) that such vehicle is part of a fleet of
30 vehicles, a portion of which are registered with the
31 Secretary of State of Illinois in accordance with an
32 agreement or arrangement concurred in by the
33 Secretary of State of Illinois based on one or more
34 of the following factors: ratio of miles in Illinois
-36- LRB9000475NTsbB
1 as against total miles in all jurisdictions; situs
2 or base of a vehicle, or where it is principally
3 garaged, or from whence it is principally dispatched
4 or where the movements of such vehicle usually
5 originate; situs of the residence of the owner or
6 operator thereof, or of his principal office or
7 offices, or of his places of business; the routes
8 traversed and whether regular or irregular routes
9 are traversed, and the jurisdictions traversed and
10 served; and such other factors as may be deemed
11 material by the Secretary and the motor vehicle
12 administrators of the other jurisdictions involved
13 in such apportionment; and
14 (d) that such vehicles shall maintain therein
15 any reciprocity permit which may be required by the
16 Secretary of State pursuant to rules and regulations
17 which the Secretary of State may promulgate in the
18 administration of this Code, in the public interest.
19 (3) (a) In order to effectuate the purposes of this
20 Code, the Secretary of State of Illinois is
21 empowered to negotiate and execute written
22 reciprocal agreements or arrangements with the duly
23 authorized representatives of other jurisdictions,
24 including States, districts, territories and
25 possessions of the United States, and foreign
26 states, provinces, or countries, granting to owners
27 or operators of vehicles duly registered or licensed
28 in such other jurisdictions and for which evidence
29 of compliance is supplied, benefits, privileges and
30 exemption from the payment, wholly or partially, of
31 any taxes, fees or other charges imposed with
32 respect to the ownership or operation of such
33 vehicles by the laws of this State except the tax
34 imposed by the Motor Fuel Tax Law, approved March
-37- LRB9000475NTsbB
1 25, 1929, as amended, and the tax imposed by the Use
2 Tax Act, approved July 14, 1955, as amended.
3 The Secretary of State may negotiate agreements
4 or arrangements as are in the best interests of this
5 State and the residents of this State pursuant to
6 the policies expressed in this Section taking into
7 consideration the reciprocal exemptions, benefits
8 and privileges available and accruing to residents
9 of this State and vehicles registered in this State.
10 (b) Such reciprocal agreements or arrangements
11 shall provide that vehicles duly registered or
12 licensed in this State when operated upon the
13 highways of such other jurisdictions, shall receive
14 exemptions, benefits and privileges of a similar
15 kind or to a similar degree as extended to vehicles
16 from such jurisdictions in this State.
17 (c) Such agreements or arrangements may also
18 authorize the apportionment of registration or
19 licensing of fleets of vehicles operated interstate,
20 based on any or all of the following factors: ratio
21 of miles in Illinois as against total miles in all
22 jurisdictions; situs or base of a vehicle, or where
23 it is principally garaged or from whence it is
24 principally dispatched or where the movements of
25 such vehicle usually originate; situs of the
26 residence of the owner or operator thereof, or of
27 his principal office or offices, or of his places of
28 business; the routes traversed and whether regular
29 or irregular routes are traversed, and the
30 jurisdictions traversed and served; and such other
31 factors as may be deemed material by the Secretary
32 and the motor vehicle administrators of the other
33 jurisdictions involved in such apportionment, and
34 such vehicles shall likewise be entitled to
-38- LRB9000475NTsbB
1 reciprocal exemptions, benefits and privileges.
2 (d) Such agreements or arrangements shall also
3 provide that vehicles being operated in intrastate
4 commerce in Illinois shall comply with the
5 registration and licensing laws of this State,
6 except that vehicles which are part of an
7 apportioned fleet may conduct an intrastate
8 operation incidental to their interstate operations.
9 Any motor vehicle properly registered and qualified
10 under any reciprocal agreement or arrangement under
11 this Code and not having a situs or base within
12 Illinois may complete the inbound movement of a
13 trailer or semitrailer to an Illinois destination
14 that was brought into Illinois by a motor vehicle
15 also properly registered and qualified under this
16 Code and not having a situs or base within Illinois,
17 or may complete an outbound movement of a trailer or
18 semitrailer to an out-of-state destination that was
19 originated in Illinois by a motor vehicle also
20 properly registered and qualified under this Code
21 and not having a situs or base in Illinois, only if
22 the operator thereof did not break bulk of the cargo
23 laden in such inbound or outbound trailer or
24 semitrailer. Adding or unloading intrastate cargo on
25 such inbound or outbound trailer or semitrailer
26 shall be deemed as breaking bulk.
27 (e) Such agreements or arrangements may also
28 provide for the determination of the proper State in
29 which leased vehicles shall be registered based on
30 the factors set out in subsection (c) above and for
31 apportionment of registration of fleets of leased
32 vehicles by the lessee or by the lessor who leases
33 such vehicles to persons who are not fleet
34 operators.
-39- LRB9000475NTsbB
1 (f) Such agreements or arrangements may also
2 include reciprocal exemptions, benefits or
3 privileges accruing under The Illinois Driver
4 Licensing Law or The Driver License Compact.
5 (4) The Secretary of State is further authorized to
6 examine the laws and requirements of other jurisdictions,
7 and, in the absence of a written agreement or
8 arrangement, to issue a written declaration of the extent
9 and nature of the exemptions, benefits and privileges
10 accorded to vehicles of this State by such other
11 jurisdictions, and the extent and nature of reciprocal
12 exemptions, benefits and privileges thereby accorded by
13 this State to the vehicles of such other jurisdictions.
14 A declaration by the Secretary of State may include any,
15 part or all reciprocal exemptions, benefits and
16 privileges or provisions as may be included within an
17 agreement or arrangement.
18 (5) All agreements, arrangements, declarations and
19 amendments thereto, shall be in writing and become
20 effective when signed by the Secretary of State, and
21 copies of all such documents shall be available to the
22 public upon request.
23 (6) The Secretary of State is further authorized to
24 require the display by foreign registered trucks,
25 truck-tractors and buses, entitled to reciprocal
26 benefits, exemptions or privileges hereunder, a
27 reciprocity permit for external display before any such
28 reciprocal benefits, exemptions or privileges are
29 granted. The Secretary of State shall provide suitable
30 application forms for such permit and shall promulgate
31 and publish reasonable rules and regulations for the
32 administration and enforcement of the provisions of this
33 Code including a provision for revocation of such permit
34 as to any vehicle operated wilfully in violation of the
-40- LRB9000475NTsbB
1 terms of any reciprocal agreement, arrangement or
2 declaration or in violation of the Illinois Motor Carrier
3 of Property Law, as amended.
4 (7) (a) Upon the suspension, revocation or denial
5 of one or more of all reciprocal benefits,
6 privileges and exemptions existing pursuant to the
7 terms and provisions of this Code or by virtue of a
8 reciprocal agreement or arrangement or declaration
9 thereunder; or, upon the suspension, revocation or
10 denial of a reciprocity permit; or, upon any action
11 or inaction of the Secretary in the administration
12 and enforcement of the provisions of this Code, any
13 person, resident or nonresident, so aggrieved, may
14 serve upon the Secretary, a petition in writing and
15 under oath, setting forth the grievance of the
16 petitioner, the grounds and basis for the relief
17 sought, and all necessary facts and particulars, and
18 request an administrative hearing thereon. Within
19 20 days, the Secretary shall set a hearing date as
20 early as practical. The Secretary may, in his
21 discretion, supply forms for such a petition.
22 (b) The Secretary may likewise, in his
23 discretion and upon his own petition, order a
24 hearing, when in his best judgment, any person is
25 not entitled to the reciprocal benefits, privileges
26 and exemptions existing pursuant to the terms and
27 provisions of this Code or under a reciprocal
28 agreement or arrangement or declaration thereunder
29 or that a vehicle owned or operated by such person
30 is improperly registered or licensed, or that an
31 Illinois resident has improperly registered or
32 licensed a vehicle in another jurisdiction for the
33 purposes of violating or avoiding the registration
34 laws of this State.
-41- LRB9000475NTsbB
1 (c) The Secretary shall notify a petitioner or
2 any other person involved of such a hearing, by
3 giving at least 10 days notice, in writing, by U.S.
4 Mail, Registered or Certified, or by personal
5 service, at the last known address of such
6 petitioner or person, specifying the time and place
7 of such hearing. Such hearing shall be held before
8 the Secretary, or any person as he may designate,
9 and unless the parties mutually agree to some other
10 county in Illinois, the hearing shall be held in the
11 County of Sangamon or the County of Cook.
12 Appropriate records of the hearing shall be kept,
13 and the Secretary shall issue or cause to be issued,
14 his decision on the case, within 30 days after the
15 close of such hearing or within 30 days after
16 receipt of the transcript thereof, and a copy shall
17 likewise be served or mailed to the petitioner or
18 person involved.
19 (d) The actions or inactions or
20 determinations, or findings and decisions upon an
21 administrative hearing, of the Secretary, shall be
22 subject to judicial review in the Circuit Court of
23 the County of Sangamon or the County of Cook, and
24 the provisions of the Administrative Review Law, and
25 all amendments and modifications thereof and rules
26 adopted pursuant thereto, apply to and govern all
27 such reviewable matters.
28 Any reciprocal agreements or arrangements
29 entered into by the Secretary of State or any
30 declarations issued by the Secretary of State
31 pursuant to any law in effect prior to the effective
32 date of this Code are not hereby abrogated, and such
33 shall continue in force and effect until amended
34 pursuant to the provisions of this Code or expire
-42- LRB9000475NTsbB
1 pursuant to the terms or provisions thereof.
2 (Source: P.A. 88-516; 89-433, eff. 12-15-95.)
3 (625 ILCS 5/3-402.1) (from Ch. 95 1/2, par. 3-402.1)
4 Sec. 3-402.1. Proportional Registration. Any owner or
5 rental owner engaged in operating a fleet of apportionable
6 vehicles in this state and one or more other states may, in
7 lieu of registration of such vehicles under the general
8 provisions of sections 3-402, 3-815 and 3-819, register and
9 license such fleet for operations in this state by filing an
10 application statement, signed under penalties of perjury,
11 with the Secretary of State which shall be in such form and
12 contain such information as the Secretary of State shall
13 require, declaring the total mileage operated in all states
14 by such fleet, the total mileage operated in this state by
15 such fleet during the preceding year, and describing and
16 identifying each apportionable vehicle to be operated in this
17 state during the ensuing year. If mileage data is not
18 available for the preceding year, the Secretary of State may
19 accept the latest 12-month period available. "Preceding year"
20 means the period of 12 consecutive months immediately prior
21 to July 1st of the year immediately preceding the
22 registration or license year for which proportional
23 registration is sought.
24 Such owner shall determine the proportion of in-state
25 miles to total fleet miles. Such percentage figure shall be
26 such owner's apportionment factor. In determining the total
27 fee payment, such owner shall first compute the license fee
28 for each vehicle within the fleet which would otherwise be
29 required, and then multiply the said amount by the Illinois
30 apportionment factor adding the fees for each vehicle to
31 arrive at a total amount for the fleet. Apportionable
32 trailers and semitrailers will be registered in accordance
33 with the provisions of Section 3-813 of this Code.
-43- LRB9000475NTsbB
1 Upon receipt of the appropriate fees from such owner as
2 computed under the provisions of this section, the Secretary
3 of State shall, when this state is the base jurisdiction,
4 issue to such owner number plates or other distinctive tags
5 or such evidence of registration as the Secretary of State
6 shall deem appropriate to identify each vehicle in the fleet
7 as a part of a proportionally registered interstate fleet.
8 Vehicles registered under the provision of this section
9 shall be considered fully licensed and properly registered in
10 Illinois for any type of movement or operation. The
11 proportional registration and licensing provisions of this
12 section shall apply to vehicles added to fleets and operated
13 in this state during the registration year, applying the same
14 apportionment factor to such fees as would be payable for the
15 remainder of the registration year.
16 Apportionment factors for apportionable vehicles not
17 operated in this state during the preceding year shall be
18 determined by the Secretary of State on the basis of a full
19 statement of the proposed methods of operation and in
20 conformity with an estimated mileage chart as calculated by
21 the Secretary of State. An established fleet adding states
22 at the time of renewal shall estimate mileage for the added
23 states in conformity with a mileage chart developed by the
24 Secretary of State.
25 (Source: P.A. 87-206; 87-1041.)
26 (625 ILCS 5/3-618) (from Ch. 95 1/2, par. 3-618)
27 Sec. 3-618. Charitable vehicle plates. Charitable
28 vehicle plates shall be of such color and design as
29 prescribed by the Secretary. The fee for such plates shall be
30 as prescribed in Section 3-808 of this Code. Such plates may
31 be obtained by owners of charitable vehicles, as defined in
32 Section 1-171.01 of this Code.
33 (Source: P.A. 82-1011.)
-44- LRB9000475NTsbB
1 (625 ILCS 5/3-804.02) (from Ch. 95 1/2, par. 3-804.02)
2 Sec. 3-804.02. Commuter Vans. The owner of a commuter
3 van, as defined in Section 1-114.1 of this Act, may register
4 such van for an annual fee not to exceed $50. The Secretary
5 may prescribe that commuter van plates be issued for an
6 indefinite term, such term to correspond to the term of
7 registration plates issued generally. In no event may the
8 registration fee for commuter vans exceed $50 per
9 registration year.
10 (Source: P.A. 81-492.)
11 (625 ILCS 5/3-808) (from Ch. 95 1/2, par. 3-808)
12 Sec. 3-808. Governmental and charitable vehicles -
13 Registration fees.
14 (a) A registration fee of $8 per 2 year registration
15 period shall be paid by the owner in the following cases:
16 1. Vehicles operated exclusively as a school bus
17 for school purposes by any school district or any
18 religious or denominational institution, except that such
19 a school bus may be used by such a religious or
20 denominational institution for the transportation of
21 persons to or from any of its official activities.
22 2. Vehicles operated exclusively in a high school
23 driver training program by any school district or school
24 operated by a religious institution.
25 3. Rescue squad vehicles as defined in Section
26 1-223 of this Code which are owned and operated by a
27 corporation or association organized and operated not for
28 profit for the purpose of conducting such rescue
29 operations.
30 4. Vehicles, used exclusively as school buses for
31 any school district, which are neither owned nor operated
32 by such district.
33 5. Charitable vehicles, as defined in Section
-45- LRB9000475NTsbB
1 1-171.01 of this Code.
2 (b) Annual vehicle registration plates shall be issued,
3 at no charge, to the following:
4 1. Medical transport vehicles owned and operated by
5 the State of Illinois or by any State agency financed by
6 funds appropriated by the General Assembly.
7 2. Medical transport vehicles operated by or for
8 any county, township or municipal corporation.
9 (c) Ceremonial plates. Upon payment of a registration
10 fee of $48 per 2-year registration period, the Secretary of
11 State shall issue registration plates to vehicles operated
12 exclusively for ceremonial purposes by any not-for-profit
13 veterans', fraternal, or civic organization. The Secretary
14 of State may prescribe that ceremonial vehicle registration
15 plates be issued for an indefinite term, that term to
16 correspond to the term of registration plates issued
17 generally, as provided in Section 3-414.1.
18 (d) In any event, any vehicle registered under this
19 Section used or operated for purposes other than those herein
20 prescribed shall be subject to revocation, and in that event,
21 the owner may be required to properly register such vehicle
22 under the provisions of this Code.
23 (e) As a prerequisite to registration under this
24 Section, the Secretary of State may require the vehicle
25 owners listed in subsection (a) of this Section who are
26 exempt from federal income taxation under subsection (c) of
27 Section 501 of the Internal Revenue Code of 1986, as now or
28 hereafter amended, to submit to him a determination letter,
29 ruling or other written evidence of tax exempt status issued
30 by the Internal Revenue Service. The Secretary may accept a
31 certified copy of the document issued by the Internal Revenue
32 Service as evidence of the exemption. The Secretary may
33 require documentation of eligibility under this Section to
34 accompany an application for registration.
-46- LRB9000475NTsbB
1 (f) Special event plates. The Secretary of State may
2 issue registration plates in recognition or commemoration of
3 special events which promote the interests of Illinois
4 citizens. These plates shall be valid for no more than 60
5 days prior to the date of expiration. The Secretary shall
6 require the applicant for such plates to pay for the costs of
7 furnishing the plates.
8 Beginning July 1, 1991, all special event plates shall be
9 recorded in the Secretary of State's files for immediate
10 identification.
11 The Secretary of State, upon issuing a new series of
12 special event plates, shall notify all law enforcement
13 officials of the design and other special features of the
14 special plate series.
15 All special event plates shall indicate, in the lower
16 right corner, the date of expiration in characters no less
17 than 1/2 inch high.
18 (Source: P.A. 88-470; 89-245, eff. 1-1-96; 89-564, eff.
19 7-26-96; 89-626, eff. 8-9-96.)
20 (625 ILCS 5/3-1001) (from Ch. 95 1/2, par. 3-1001)
21 Sec. 3-1001. A tax is hereby imposed on the privilege of
22 using, in this State, any motor vehicle as defined in Section
23 1-146 of this Code acquired by gift, transfer, or purchase,
24 and having a year model designation preceding the year of
25 application for title by 5 or fewer years prior to October 1,
26 1985 and 10 or fewer years on and after October 1, 1985 and
27 prior to January 1, 1988. On and after January 1, 1988, the
28 tax shall apply to all motor vehicles without regard to model
29 year. Except that the tax shall not apply
30 (i) if the use of the motor vehicle is otherwise
31 taxed under the Use Tax Act;
32 (ii) if the motor vehicle is bought and used by a
33 governmental agency or a society, association, foundation
-47- LRB9000475NTsbB
1 or institution organized and operated exclusively for
2 charitable, religious or educational purposes;
3 (iii) if the use of the motor vehicle is not
4 subject to the Use Tax Act by reason of subsection (a),
5 (b), (c), (d), (e) or (f) of Section 3-55 of that Act
6 dealing with the prevention of actual or likely
7 multistate taxation;
8 (iv) to implements of husbandry;
9 (v) when a junking certificate is issued pursuant
10 to Section 3-117(a) of this Code;
11 (vi) when a vehicle is subject to the replacement
12 vehicle tax imposed by Section 3-2001 of this Act;
13 (vii) when the transfer is a gift to a beneficiary
14 in the administration of an estate and the beneficiary is
15 a surviving spouse.
16 Prior to January 1, 1988, the rate of tax shall be 5% of
17 the selling price for each purchase of a motor vehicle
18 covered by Section 3-1001 of this Code. Except as
19 hereinafter provided, beginning January 1, 1988, the rate of
20 tax shall be as follows for transactions in which the selling
21 price of the motor vehicle is less than $15,000:
22 Number of Years Transpired After Applicable Tax
23 Model Year of Motor Vehicle
24 1 or less $390
25 2 290
26 3 215
27 4 165
28 5 115
29 6 90
30 7 80
31 8 65
32 9 50
33 10 40
34 over 10 25
-48- LRB9000475NTsbB
1 Except as hereinafter provided, beginning January 1, 1988,
2 the rate of tax shall be as follows for transactions in which
3 the selling price of the motor vehicle is $15,000 or more:
4 Selling Price Applicable Tax
5 $15,000 - $19,999 $ 750
6 $20,000 - $24,999 $1,000
7 $25,000 - $29,999 $1,250
8 $30,000 and over $1,500
9 For the following transactions, the tax rate shall be $15 for
10 each motor vehicle acquired in such transaction:
11 (i) when the transferee or purchaser is the spouse,
12 mother, father, brother, sister or child of the
13 transferor;
14 (ii) when the transfer is a gift to a beneficiary
15 in the administration of an estate and the beneficiary is
16 not a surviving spouse;
17 (iii) when a motor vehicle which has once been
18 subjected to the Illinois retailers' occupation tax or
19 use tax is transferred in connection with the
20 organization, reorganization, dissolution or partial
21 liquidation of an incorporated or unincorporated business
22 wherein the beneficial ownership is not changed.
23 A claim that the transaction is taxable under
24 subparagraph (i) shall be supported by such proof of family
25 relationship as provided by rules of the Department.
26 For a transaction in which a motorcycle, motor driven
27 cycle or motorized pedalcycle is acquired the tax rate shall
28 be $25.
29 On and after October 1, 1985, 1/12 of $5,000,000 of the
30 moneys received by the Department of Revenue pursuant to this
31 Section shall be paid each month into the Build Illinois Fund
32 and the remainder into the General Revenue Fund.
33 For purposes of this Section, "selling price" means the
34 consideration received for a motor vehicle subject to the tax
-49- LRB9000475NTsbB
1 imposed by this Section valued in money, whether received in
2 money or otherwise, including cash, credits, service or
3 property. In the case of gifts or transfers without
4 reasonable consideration, "selling price" shall be deemed to
5 be the fair market value as determined by the Department.
6 At the end of any fiscal year in which the moneys
7 received by the Department of Revenue pursuant to this
8 Section exceeds the Annual Specified Amount, as defined in
9 Section 3 of the Retailers' Occupation Tax Act, the State
10 Comptroller shall direct the State Treasurer to transfer such
11 excess amount from the General Revenue Fund to the Build
12 Illinois Purposes Fund.
13 The tax imposed by this Section shall be abated and no
14 longer imposed when the amount deposited to secure the bonds
15 issued pursuant to the Build Illinois Bond Act is sufficient
16 to provide for the payment of the principal of, and interest
17 and premium, if any, on the bonds, as certified to the State
18 Comptroller and the Director of Revenue by the Director of
19 the Bureau of the Budget.
20 (Source: P.A. 88-194.)
21 (625 ILCS 5/4-103) (from Ch. 95 1/2, par. 4-103)
22 Sec. 4-103. Offenses relating to motor vehicles and other
23 vehicles - Felonies.
24 (a) It is a violation of this Chapter for:
25 (1) A person not entitled to the possession of a
26 vehicle or essential part of a vehicle to receive,
27 possess, conceal, sell, dispose, or transfer it, knowing
28 it to have been stolen or converted; additionally the
29 General Assembly finds that the acquisition and
30 disposition of vehicles and their essential parts are
31 strictly controlled by law and that such acquisitions and
32 dispositions are reflected by documents of title, uniform
33 invoices, rental contracts, leasing agreements and bills
-50- LRB9000475NTsbB
1 of sale. It may be inferred, therefore that a person
2 exercising exclusive unexplained possession over a stolen
3 or converted vehicle or an essential part of a stolen or
4 converted vehicle has knowledge that such vehicle or
5 essential part is stolen or converted, regardless of
6 whether the date on which such vehicle or essential part
7 was stolen is recent or remote;
8 (2) A person to knowingly remove, alter, deface,
9 destroy, or falsify, or forge a manufacturer's
10 identification number of a vehicle or an engine number of
11 a motor vehicle or any essential part thereof having an
12 identification number;
13 (3) A person to knowingly conceal or misrepresent
14 the identity of a vehicle or any essential part thereof;
15 (4) A person to buy, receive, possess, sell or
16 dispose of a vehicle, or any essential part thereof, with
17 knowledge that the identification number of the vehicle
18 or any essential part thereof having an identification
19 number has been removed or falsified;
20 (5) A person to knowingly possess, buy, sell,
21 exchange, give away, or offer to buy, sell, exchange or
22 give away, any manufacturer's identification number
23 plate, mylar sticker, federal certificate label, State
24 police reassignment plate, Secretary of State assigned
25 plate, rosette rivet, or facsimile of such which has not
26 yet been attached to or has been removed from the
27 original or assigned vehicle. It is an affirmative
28 defense to subsection (a) of this Section that the person
29 possessing, buying, selling or exchanging a plate mylar
30 sticker or label described in this paragraph is a police
31 officer doing so as part of his official duties, or is a
32 manufacturer's authorized representative who is replacing
33 any manufacturer's identification number plate, mylar
34 sticker or Federal certificate label originally placed on
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1 the vehicle by the manufacturer of the vehicle or any
2 essential part thereof;
3 (6) A person to knowingly make a false report of
4 the theft or conversion of a vehicle to any police
5 officer of this State.
6 (b) Sentence. A person convicted of a violation of this
7 Section shall be guilty of a Class 2 felony.
8 (c) The offenses set forth in subsection (a) of this
9 Section shall not include the offense set forth in Section
10 4-103.2 of this Code.
11 (Source: P.A. 85-572; 86-1209.)
12 (625 ILCS 5/5-100) (from Ch. 95 1/2, par. 5-100)
13 Sec. 5-100. Definitions. For the purposes of this
14 Chapter, the following words shall have the meanings ascribed
15 to them as follows:
16 "Additional place of business" means a place owned or
17 leased and occupied by the dealer in addition to its
18 established place of business, at which the dealer conducts
19 or intends to conduct business on a permanent or long term
20 basis. The term does not include an area where an off site
21 sale or exhibition is conducted. The Secretary of State
22 shall adopt guidelines for the administration and enforcement
23 of this definition by rule.
24 "Display exhibition" means a temporary display of
25 vehicles by a dealer licensed under Section 5-101 or 5-102,
26 at a location at which no vehicles are offered for sale, that
27 is conducted at a place other than the dealer's established
28 and additional places of business.
29 "Established place of business" means the place owned or
30 leased and occupied by any person duly licensed or required
31 to be licensed as a dealer for the purpose of engaging in
32 selling, buying, bartering, displaying, exchanging or dealing
33 in, on consignment or otherwise, vehicles and their essential
-52- LRB9000475NTsbB
1 parts and for such other ancillary purposes as may be
2 permitted by the Secretary by rule. It shall include an
3 office in which the dealer's records shall be separate and
4 distinct from any other business or tenant which may occupy
5 space in the same building. This office shall not be located
6 in a house trailer, residence, tent, temporary stand,
7 temporary address, room or rooms in a hotel or rooming house,
8 nor the premises occupied by a single or multiple unit
9 residence. The established place of business of a scrap
10 processor shall be the fixed location where the scrap
11 processor maintains its principal place of business. The
12 Secretary of State shall, by rule and regulation, adopt
13 guidelines for the administration and enforcement of this
14 definition, such as, but not limited to issues concerning the
15 required hours of operation, describing where vehicles are
16 displayed and offered for sale, where books and records are
17 maintained and requirements for the fulfillment of
18 warranties. A dealer may have an additional place of
19 business as defined under this Section.
20 "Rebuilder" means a person who is in the business of
21 returning a vehicle for which a salvage certificate has been
22 previously issued back to its original or operating
23 condition.
24 "Repairer" means a person who is in the business of
25 returning a vehicle other than a vehicle for which a salvage
26 certificate has been issued back to its original or operating
27 condition by restoring, mending, straightening, replacing,
28 altering, or painting its essential parts.
29 "Automotive parts recycler" means a person who is in the
30 business of acquiring previously owned vehicles and vehicle
31 parts for the primary purpose of disposing of parts of
32 vehicles in a manner other than that described in the
33 definition of a "scrap processor" in this Section.
34 "Scrap processor" means a person who purchases a vehicle,
-53- LRB9000475NTsbB
1 junk vehicle or vehicle cowl for processing into a form other
2 than a vehicle, junk vehicle or vehicle cowl for remelting
3 purposes only, who from a fixed location utilizes machinery
4 and equipment for processing or manufacturing ferrous or
5 nonferrous metallic scrap into prepared grades, and whose
6 principal product is metallic scrap and who records such
7 purchases on a weight ticket. No scrap metal processor shall
8 sell a vehicle or essential part, as such, except for
9 engines, transmissions and powertrains, unless licensed to do
10 so under another provision of this Act. A scrap processor,
11 who is additionally licensed as an automotive parts recycler,
12 shall not be subject to the record keeping requirements for a
13 scrap processor when acting as an automotive parts recycler.
14 "Out-of-state salvage vehicle buyer" means a person who
15 is licensed in another state for the primary purpose of
16 acquiring salvage vehicles and who is issued an out-of-state
17 salvage vehicle buyers identification card in this State for
18 the sole purpose of acquiring salvage vehicles and taking
19 them out of state.
20 "Additional place of business" means a place owned or
21 leased and occupied by the dealer in addition to its
22 established place of business, at which the dealer conducts
23 or intends to conduct business on a permanent or long term
24 basis. "Additional place of business" does not include an
25 area where an off site sale or exhibition is conducted. The
26 Secretary of State shall adopt guidelines for the
27 administration and enforcement of this definition by rule and
28 regulation.
29 "Off site sale" means the temporary display and sale of
30 vehicles, for a period of not more than 7 calendar days
31 (excluding Sundays), by a dealer licensed under Section 5-101
32 or 5-102 at a place other than the dealer's established and
33 additional places of business.
34 "Display exhibition" means a temporary display of
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1 vehicles by a dealer licensed under Section 5-101 or 5-102,
2 at a location at which no vehicles are offered for sale, that
3 is conducted at a place other than the dealer's established
4 and additional places of business.
5 "Relevant market area", for a new vehicle dealer licensed
6 under Section 5-101 and for a used vehicle dealer licensed
7 under Section 5-102, means the area within 10 miles of the
8 established or additional place of business of the dealer
9 located in a county with a population of 300,000 or more, or
10 within 15 miles if the established place of business is
11 located in a county with a population of less than 300,000.
12 "Trade show exhibition" means a temporary display of
13 vehicles, by dealers licensed under Section 5-101 or 5-102,
14 or any other person as defined in subsection (c) of Section
15 5-102.1, at a location at which no vehicles are offered for
16 sale that is conducted at a place other than the dealer's
17 established and additional places of business. In order for
18 a display exhibition to be considered a trade show
19 exhibition, it must be participated in by at least 3 dealers,
20 2 of which must be licensed under Section 5-101 or 5-102; and
21 a trade show exhibition of new vehicles shall only be
22 participated in by licensed new vehicle dealers at least 2 of
23 which must be licensed under Section 5-101.
24 "Relevant market area", for a new vehicle dealer licensed
25 under Section 5-101 and for a used vehicle dealer licensed
26 under Section 5-102, means the area within 10 miles of the
27 established or additional place of business of the dealer
28 located in a county with a population of 300,000 or more, or
29 within 15 miles if the established place of business is
30 located in a county with a population of less than 300,000.
31 (Source: P.A. 88-470; 88-588, eff. 1-1-95; 88-685, eff.
32 1-24-95; 89-235, eff. 8-4-95.)
33 (625 ILCS 5/5-401.3) (from Ch. 95 1/2, par. 5-401.3)
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1 Sec. 5-401.3. Scrap processors required to keep records.
2 (a) Every person licensed or required to be licensed as a
3 scrap processor pursuant to Section 5-301 of this Chapter
4 shall maintain for 3 years, at his established place of
5 business, the following records relating to the acquisition
6 of a vehicle, junk vehicle, or vehicle cowl which has been
7 acquired for the purpose of processing into a form other than
8 a vehicle, junk vehicle or vehicle cowl which is possessed in
9 the State or brought into this State from another state,
10 territory or country. No scrap metal processor shall sell a
11 vehicle or essential part, as such, except for engines,
12 transmissions, and powertrains, unless licensed to do so
13 under another provision of this Code. A scrap processor who
14 is additionally licensed as an automotive parts recycler
15 shall not be subject to the record keeping requirements for a
16 scrap processor when acting as an automotive parts recycler.
17 (1) For a vehicle, junk vehicle, or vehicle cowl
18 acquired from a person who is licensed under this Chapter,
19 the scrap processor shall record the name and address of the
20 person, and the Illinois or out-of-state dealer license
21 number of such person on the scrap processor's weight ticket
22 at the time of the acquisition. The person disposing of the
23 vehicle, junk vehicle, or vehicle cowl shall furnish the
24 scrap processor with documentary proof of ownership of the
25 vehicle, junk vehicle, or vehicle cowl in one of the
26 following forms: a Certificate of Title, a Salvage
27 Certificate, a Junking Certificate, a Secretary of State
28 Junking Manifest, a Uniform Invoice, a Certificate of
29 Purchase, or other similar documentary proof of ownership.
30 The scrap processor shall not acquire a vehicle, junk vehicle
31 or vehicle cowl without obtaining one of the aforementioned
32 documentary proofs of ownership.
33 (2) For a vehicle, junk vehicle or vehicle cowl acquired
34 from a person who is not licensed under this Chapter, the
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1 scrap processor shall verify and record that person's
2 identity by recording the identification of such person from
3 at least 2 sources of identification, one of which shall be a
4 driver's license or State Identification Card, on the scrap
5 processor's weight ticket at the time of the acquisition.
6 The person disposing of the vehicle, junk vehicle, or vehicle
7 cowl shall furnish the scrap processor with documentary proof
8 of ownership of the vehicle, junk vehicle, or vehicle cowl in
9 one of the following forms: a Certificate of Title, a
10 Salvage Certificate, a Junking Certificate, a Secretary of
11 State Junking Manifest, a Certificate of Purchase, or other
12 similar documentary proof of ownership. The scrap processor
13 shall not acquire a vehicle, junk vehicle or vehicle cowl
14 without obtaining one of the aforementioned documentary
15 proofs of ownership.
16 (3) In addition to the other information required on the
17 scrap processor's weight ticket, a scrap processor who at
18 the time of acquisition of a vehicle, junk vehicle, or
19 vehicle cowl is furnished a Certificate of Title, Salvage
20 Certificate or Certificate of Purchase shall record the
21 vehicle Identification Number on the weight ticket or affix a
22 copy of the Certificate of Title, Salvage Certificate or
23 Certificate of Purchase to the weight ticket and the
24 identification of the person acquiring the information on the
25 behalf of the scrap processor.
26 (4) The scrap processor shall maintain a copy of a Junk
27 Vehicle Notification relating to any Certificate of Title,
28 Salvage Certificate, Certificate of Purchase or similarly
29 acceptable out-of-state document surrendered to the Secretary
30 of State pursuant to the provisions of Section 3-117.2 of
31 this Code.
32 (b) Any licensee who knowingly fails to record any of the
33 specific information required to be recorded on the weight
34 ticket or who knowingly fails to acquire and maintain for 3
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1 years documentary proof of ownership in one of the prescribed
2 forms shall be guilty of a Class A misdemeanor and subject to
3 a fine not to exceed $1,000. Each violation shall constitute
4 a separate and distinct offense and a separate count may be
5 brought in the same complaint for each violation. Any
6 licensee who commits a second violation of this Section
7 within two years of a previous conviction of a violation of
8 this Section shall be guilty of a Class 4 felony.
9 (c) It shall be an affirmative defense to an offense
10 brought under paragraph (b) of this Section that the licensee
11 or person required to be licensed both reasonably and in good
12 faith relied on information appearing on a Certificate of
13 Title, a Salvage Certificate, a Junking Certificate, a
14 Secretary of State Manifest, a Secretary of State's Uniform
15 Invoice, a Certificate of Purchase, or other documentary
16 proof of ownership prepared under Section 3-117.1 (a) of this
17 Code, relating to the transaction for which the required
18 record was not kept which was supplied to the licensee by
19 another licensee or out-of-state dealer.
20 (d) No later than 15 days prior to going out of
21 business, selling the business, or transferring the ownership
22 of the business, the scrap processor shall notify the
23 Secretary of that fact. Failure to so notify the Secretary
24 of State shall constitute a failure to keep records under
25 this Section.
26 (e) Evidence derived directly or indirectly from the
27 keeping of records required to be kept under this Section
28 shall not be admissible in a prosecution of the licensee for
29 an alleged violation of Section 4-102 (a)(3) of this Code.
30 (Source: P.A. 86-444.)
31 (625 ILCS 5/6-301.2) (from Ch. 95 1/2, par. 6-301.2)
32 Sec. 6-301.2. Fraudulent driver's license or permit.
33 (a) (Blank). As used in this Section:
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1 1. "A fraudulent driver's license or permit" means
2 any license or permit which purports to be an official
3 driver's license or permit for which a computerized
4 number and file have not been created by the Secretary of
5 State or other official driver's license agency in
6 another jurisdiction;
7 2. "A driver's license-making implement" means any
8 implement specially designed or primarily used in the
9 manufacture, assembly or authentication of an official
10 driver's license issued by the Secretary of State or
11 other official driver's license agency in another
12 jurisdiction. Such implements include, but are not
13 limited to, cameras used for creating driver's license
14 photographs, camera cards, or driver's license laminates.
15 (b) It is a violation of this Section for any person:
16 1. To knowingly possess any fraudulent driver's
17 license or permit;
18 2. To knowingly possess, display or cause to be
19 displayed any fraudulent driver's license or permit for
20 the purpose of obtaining any account, credit, credit card
21 or debit card from a bank, financial institution or
22 retail mercantile establishment;
23 3. To knowingly possess any fraudulent driver's
24 license or permit with the intent to commit a theft,
25 deception or credit or debit card fraud in violation of
26 any law of this State or any law of any other
27 jurisdiction;
28 4. To knowingly possess any fraudulent driver's
29 license or permit with the intent to commit any other
30 violation of any laws of this State or any law of any
31 other jurisdiction for which a sentence to a term of
32 imprisonment in a penitentiary for one year or more is
33 provided;
34 5. To knowingly possess any fraudulent driver's
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1 license or permit while in unauthorized possession of any
2 document, instrument or device capable of defrauding
3 another;
4 6. To knowingly possess any fraudulent driver's
5 license or permit with the intent to use the license or
6 permit to acquire any other identification document;
7 7. To knowingly possess without authority any
8 driver's license-making implement;
9 8. To knowingly possess any stolen driver's license
10 making implement;
11 9. To knowingly duplicate, manufacture, sell or
12 transfer any fraudulent driver's license or permit;
13 10. To advertise or distribute any information or
14 materials that promote the selling, giving, or furnishing
15 of a fraudulent driver's license or permit.
16 (c) Sentence.
17 1. Any person convicted of a violation of paragraph
18 1 of subsection (b) of this Section shall be guilty of a
19 Class 4 felony and shall be sentenced to a minimum fine
20 of $500 or 50 hours of community service, preferably at
21 an alcohol abuse prevention program, if available.
22 2. Any person convicted of a violation of any of
23 paragraphs 2 through 9 of subsection (b) of this Section
24 shall be guilty of a Class 4 felony. A person convicted
25 of a second or subsequent violation shall be guilty of a
26 Class 3 felony.
27 3. Any person convicted of a violation of paragraph
28 10 of subsection (b) of this Section shall be guilty of a
29 Class B misdemeanor.
30 (d) This Section does not prohibit any lawfully
31 authorized investigative, protective, law enforcement or
32 other activity of any agency of the United States, State of
33 Illinois or any other state or political subdivision thereof.
34 (e) The Secretary may request the Attorney General to
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1 seek a restraining order in the circuit court against any
2 person who violates this Section by advertising fraudulent
3 driver's licenses or permits.
4 (Source: P.A. 88-210; 89-283, eff. 1-1-96.)
5 (625 ILCS 5/6-500) (from Ch. 95 1/2, par. 6-500)
6 Sec. 6-500. Definitions of words and phrases.
7 Notwithstanding the definitions set forth elsewhere in this
8 Code, for purposes of the Uniform Commercial Driver's License
9 Act (UCDLA), the words and phrases listed below shall have
10 the meanings ascribed to them as follows:
11 1. Alcohol. "Alcohol" means any substance containing any
12 form of alcohol, including but not limited to: ethanol;
13 methanol; propanol and isopropanol.
14 2. Alcohol concentration. "Alcohol concentration" means:
15 (a) the number of grams of alcohol per 210 liters
16 of breath; or
17 (b) the number of grams of alcohol per 100
18 milliliters of blood; or
19 (c) the number of grams of alcohol per 67
20 milliliters of urine.
21 Alcohol tests administered within 2 hours of the driver
22 being "stopped or detained" shall be considered that driver's
23 "alcohol concentration" for the purposes of enforcing this
24 UCDLA.
25 3. Commercial Driver's License. "Commercial driver's
26 license" or "CDL" means a driver's license issued by a State
27 to a person which authorizes that person to drive a certain
28 class of commercial motor vehicle or vehicles.
29 4. Commercial Driver License Information System.
30 "Commercial Driver License Information System" (CDLIS) means
31 the information system established, pursuant to the
32 Commercial Motor Vehicle Safety Act of 1986 (CMVSA), to serve
33 as a clearinghouse for locating information related to the
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1 licensing and identification of commercial motor vehicle
2 drivers.
3 5. Commercial Driver Instruction Permit. "Commercial
4 driver instruction permit" means a permit issued pursuant to
5 Section 6-508 of this UCDLA.
6 6. Commercial Motor Vehicle. "Commercial motor vehicle"
7 means a motor vehicle, except those referred to in paragraph
8 (d), designed to transport passengers or property if:
9 (a) the vehicle has a GVWR of 26,001 pounds or more
10 or such a lesser GVWR as subsequently determined by
11 federal regulations or the Secretary of State; or any
12 combination of vehicles with a GCWR of 26,001 pounds or
13 more, provided the GVWR of any vehicle or vehicles being
14 towed is 10,001 pounds or more; or
15 (b) the vehicle is designed to transport 16 or more
16 persons; or
17 (c) the vehicle is transporting hazardous materials
18 and is required to be placarded in accordance with 49
19 C.F.R. Part 172, subpart F.
20 (d) Pursuant to the interpretation of the
21 Commercial Motor Vehicle Safety Act of 1986 by the
22 Federal Highway Administration, the definition of
23 "commercial vehicle" does not include:
24 (i) Recreational vehicles, when operated
25 primarily for personal use;
26 (ii) United States Department of Defense
27 vehicles being operated by non-civilian personnel.
28 This includes any operator on active military duty;
29 members of the Reserves; National Guard; personnel
30 on part-time training; and National Guard military
31 technicians (civilians who are required to wear
32 military uniforms and are subject to the Code of
33 Military Justice); or
34 (iii) Firefighting and other emergency
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1 equipment with audible and visual signals, owned or
2 operated by or for a governmental entity, which is
3 necessary to the preservation of life or property or
4 the execution of emergency governmental functions
5 which are normally not subject to general traffic
6 rules and regulations.
7 7. Controlled Substance. "Controlled substance" shall
8 have the same meaning as defined in Section 102 of the
9 Illinois Controlled Substances Act, and shall also include
10 cannabis as defined in Section 3 of the Cannabis Control Act.
11 8. Conviction. "Conviction" means an unvacated
12 adjudication of guilt or a determination that a person has
13 violated or failed to comply with the law in a court of
14 original jurisdiction or an authorized administrative
15 tribunal; an unvacated forfeiture of bail or collateral
16 deposited to secure the person's appearance in court; the
17 payment of a fine or court cost regardless of whether the
18 imposition of sentence is deferred and ultimately a judgment
19 dismissing the underlying charge is entered; or a violation
20 of a condition of release without bail, regardless of whether
21 or not the penalty is rebated, suspended or probated.
22 9. Disqualification. "Disqualification" means a
23 withdrawal of the privilege to drive a commercial motor
24 vehicle.
25 10. Domicile. "Domicile" means a true, fixed and
26 permanent legal home of a person or the place to which such
27 person intends to return even though the person may reside
28 elsewhere. As a further explanation, "A person may have more
29 than one residence but only one domicile".
30 11. Domiciliary. "Domiciliary" means a "person" who is
31 domiciled.
32 12. Drive. "Drive" means to drive, operate or be in
33 physical control of a motor vehicle.
34 13. Driver. "Driver" means any person who drives,
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1 operates, or is in physical control of a commercial motor
2 vehicle, or who is required to hold a CDL.
3 14. Employee. "Employee" means a person who is employed
4 as a commercial motor vehicle driver. A person who is
5 self-employed as a commercial motor vehicle driver must
6 comply with the requirements of this UCDLA pertaining to
7 employees. An owner-operator on a long-term lease shall be
8 considered an employee.
9 15. Employer. "Employer" means a person (including the
10 United States, a State or a local authority) who owns or
11 leases a commercial motor vehicle or assigns employees to
12 operate such a vehicle. A person who is self-employed as a
13 commercial motor vehicle driver must comply with the
14 requirements of this UCDLA.
15 16. Felony. "Felony" means an offense under State or
16 Federal law that is punishable by death or imprisonment for a
17 term of one year or more.
18 17. Foreign jurisdiction. "Foreign jurisdiction" means
19 a sovereign jurisdiction that does not fall within the
20 definition of "State".
21 18. Full information. "Full information" means, for the
22 purpose of this UCDLA, all records of traffic law
23 convictions, as contained in the records then on file in the
24 office of the Secretary of State, whether the person has a
25 current driver's license then on file, the driver's license
26 number, and the address and personal description of said
27 person as reflected on the person's driver's license
28 application.
29 19. Gross Vehicle Weight Rating. "Gross Vehicle Weight
30 Rating" (GVWR) means the value specified by the
31 manufacturer(s) as the maximum loaded weight of a single or
32 combination of vehicles; or the registered gross weight;
33 whichever is greater. The GVWR of a combination of vehicles
34 (commonly referred to as the "Gross Combination Weight
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1 Rating" or GCWR) is the GVWR of the power unit plus the GVWR
2 of the towed unit or units; or the combined registered weight
3 of the power unit plus the towed unit, whichever is greater.
4 20. Hazardous Material. "Hazardous material" has the
5 meaning such term has under Section 103 of the Hazardous
6 Materials Transportation Act (49 App. U.S.C. 1801 et seq).
7 21. Long-term-lease. "Long-term-lease" means a lease of
8 a commercial motor vehicle by the owner-lessor to a lessee,
9 for a period of more than 29 days.
10 22. Motor Vehicle. "Motor vehicle" means every vehicle
11 which is self-propelled, and every vehicle which is propelled
12 by electric power obtained from over head trolley wires but
13 not operated upon rails, except vehicles moved solely by
14 human power and motorized wheel chairs.
15 23. Non-resident CDL. "Non-resident CDL" means a
16 commercial driver's license issued by a State to an
17 individual who is domiciled in a foreign jurisdiction.
18 24. -Out-of-service order. "Out-of-service order" means
19 a temporary prohibition against driving a commercial motor
20 vehicle.
21 25. Owner-operator. "Owner-operator" means commercial
22 motor vehicle lessor who leases such commercial motor
23 vehicle, with driver, to a lessee.
24 26. Serious Traffic Violation. "Serious traffic
25 violation" means:
26 (a) A conviction when operating a commercial motor
27 vehicle of:
28 (i) a violation relating to excessive
29 speeding, involving a single speeding charge of 15
30 miles per hour or more above the legal speed limit;
31 or
32 (ii) a violation relating to reckless driving;
33 or
34 (iii) a violation of any State Law or local
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1 ordinance relating to motor vehicle traffic control
2 (other than parking violations) arising in
3 connection with a fatal traffic accident; or
4 (iv) a violation of Section 6-501, relating to
5 having multiple driver's licenses; or
6 (v) a violation of paragraph (a), of Section
7 6-507, relating to the requirement to have a valid
8 CDL; or
9 (vi) a violation relating to improper or
10 erratic traffic lane changes; or
11 (vii) a violation relating to following
12 another vehicle too closely; or
13 (b) any other similar violation of a law or local
14 ordinance of any state relating to motor vehicle traffic
15 control, other than a parking violation, which the
16 Secretary of State determines by Administrative Rule to
17 be serious.
18 27. State. "State" means a State of the United States,
19 the District of Columbia and any Province or Territory of
20 Canada.
21 28. Tank vehicle. "Tank vehicle" shall mean any
22 commercial motor vehicle that is designed to transport any
23 liquid or gaseous material within a tank that is either
24 permanently or temporarily attached to the vehicle or the
25 chassis. Those vehicles include, but are not limited to,
26 cargo tanks and portable tanks, as defined in 49 C.F.R. Part
27 171. However, this definition does not include portable
28 tanks having a rated capacity of less than 1,000 gallons.
29 29. Third party tester. "Third party tester" means an
30 entity that has been approved by the Secretary.
31 30. United States. "United States" means the 50 states
32 and the District of Columbia.
33 31. Verified evidence. "Verified evidence" means a
34 document that is confirmed or substantiated by a sworn
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1 report; or any public record received from a court of
2 competent jurisdiction.
3 (Source: P.A. 89-179, eff. 1-1-96; 89-571, eff. 7-26-96.)
4 (625 ILCS 5/6-514) (from Ch. 95 1/2, par. 6-514)
5 Sec. 6-514. Commercial Driver's License (CDL) -
6 Disqualifications.
7 (a) A person shall be disqualified from driving a
8 commercial motor vehicle for a period of not less than 12
9 months for the first violation of:
10 (1) Refusing to submit to or failure to complete a
11 test or tests to determine the driver's blood
12 concentration of alcohol, other drug, or both, while
13 driving a commercial motor vehicle; or
14 (2) Operating a commercial motor vehicle while the
15 alcohol concentration of the person's blood, breath or
16 urine is at least 0.04, or any amount of a drug,
17 substance, or compound in the person's blood or urine
18 resulting from the unlawful use or consumption of
19 cannabis listed in the Cannabis Control Act or a
20 controlled substance listed in the Illinois Controlled
21 Substances Act as indicated by a police officer's sworn
22 report or other verified evidence; or
23 (3) Conviction for a first violation of:
24 (i) Driving a commercial motor vehicle while
25 under the influence of alcohol, or any other drug,
26 or combination of drugs to a degree which renders
27 such person incapable of safely driving; or
28 (ii) Knowingly and wilfully leaving the scene
29 of an accident while operating a commercial motor
30 vehicle; or
31 (iii) Driving a commercial motor vehicle while
32 committing any felony.
33 If any of the above violations or refusals occurred
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1 while transporting hazardous material(s) required to be
2 placarded, the person shall be disqualified for a period
3 of not less than 3 years.
4 (b) A person is disqualified for life for a second
5 conviction of any of the offenses specified in paragraph (a),
6 or any combination of those offenses, arising from 2 or more
7 separate incidents.
8 (c) A person is disqualified from driving a commercial
9 motor vehicle for life who uses a commercial motor vehicle in
10 the commission of any felony involving the manufacture,
11 distribution, or dispensing of a controlled substance listed
12 in the Illinois Controlled Substances Act or cannabis listed
13 in the Cannabis Control Act, or possession with intent to
14 manufacture, distribute or dispense the a controlled
15 substance or cannabis.
16 (d) The Secretary of State may, when the United States
17 Secretary of Transportation so authorizes, issue regulations
18 in which a disqualification for life under paragraph (b) may
19 be reduced to a period of not less than 10 years.
20 (e) A person is disqualified from driving a commercial
21 motor vehicle for a period of not less than 2 months if
22 convicted of 2 serious traffic violations, committed in a
23 commercial motor vehicle, arising from separate incidents,
24 occurring within a 3 year period. However, a person will be
25 disqualified from driving a commercial motor vehicle for a
26 period of not less than 4 months if convicted of 3 serious
27 traffic violations, committed in a commercial motor vehicle,
28 arising from separate incidents, occurring within a 3 year
29 period.
30 (f) Notwithstanding any other provision of this Code,
31 any driver disqualified from operating a commercial motor
32 vehicle, pursuant to this UCDLA, shall not be eligible for
33 restoration of commercial driving privileges during any such
34 period of disqualification.
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1 (g) After suspending, revoking, or cancelling a
2 commercial driver's license, the Secretary of State must
3 update the driver's records to reflect such action within 10
4 days. After suspending or revoking the driving privilege of
5 any person who has been issued a CDL or commercial driver
6 instruction permit from another jurisdiction, the Secretary
7 shall originate notification to such issuing jurisdiction
8 within 10 days.
9 (h) The "disqualifications" referred to in this Section
10 shall not be imposed upon any commercial motor vehicle
11 driver, by the Secretary of State, unless the prohibited
12 action(s) occurred after March 31, 1992.
13 (i) A person is disqualified from driving a commercial
14 motor vehicle in accordance with the following:
15 (1) For 6 months upon a first conviction of
16 paragraph (2) of subsection (b) of Section 6-507 of this
17 Code.
18 (2) For one year upon a second conviction of
19 paragraph (2) of subsection (b) of Section 6-507 of this
20 Code within a 10-year period.
21 (3) For 3 years upon a third or subsequent
22 conviction of paragraph (2) of subsection (b) of Section
23 6-507 of this Code within a 10-year period.
24 (4) For one year upon a first conviction of
25 paragraph (3) of subsection (b) of Section 6-507 of this
26 Code.
27 (5) For 3 years upon a second conviction of
28 paragraph (3) of subsection (b) of Section 6-507 of this
29 Code within a 10-year period.
30 (6) For 5 years upon a third or subsequent
31 conviction of paragraph (3) of subsection (b) of Section
32 6-507 of this Code within a 10-year period.
33 (Source: P.A. 88-212; 89-245, eff. 1-1-96.)
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1 (625 ILCS 5/6-802) (from Ch. 95 1/2, par. 6-802)
2 Sec. 6-802. Definitions. In the Nonresident Violator
3 Compact, the following words have the meanings indicated,
4 unless the context requires otherwise.
5 1. "Citation" means any summons, ticket, or other
6 official document issued by a police officer for a traffic
7 violation containing an order which requires the motorist to
8 respond.
9 2. "Collateral" means any cash or other security
10 deposited to secure an appearance for trial, following the
11 issuance by a police officer of a citation for a traffic
12 violation.
13 3. "Court" means a court of law or traffic tribunal.
14 4. "Driver's license" means any license or privilege to
15 operate a motor vehicle issued under the laws of this State.
16 5. "Home Jurisdiction" means the jurisdiction that
17 issued the driver's license of the traffic violator.
18 6. "Issuing jurisdiction" means the jurisdiction in
19 which the traffic citation was issued to the motorist.
20 7. Jurisdiction" means a state, territory, or possession
21 of the United States, the District of Columbia, or the
22 Commonwealth of Puerto Rico.
23 8. "Motorist" means a driver of a motor vehicle
24 operating in a party jurisdiction.
25 9. "Personal recognizance" means an agreement by a
26 motorist made at the time of issuance of the traffic citation
27 that such motorist will comply with the terms of that traffic
28 citation.
29 10. "Police officer" means every officer authorized to
30 make arrests and issue citations for traffic violations.
31 11. "Secretary" means the Illinois Secretary of State.
32 12. "Terms of the citation" means those options
33 expressly stated upon the citation.
34 (Source: P.A. 83-385.)
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1 (625 ILCS 5/6-901) (from Ch. 95 1/2, par. 6-901)
2 Sec. 6-901. Definition. Definitions. For the purposes of
3 this Article:
4 "Board" means the Driver's License Medical Advisory
5 Board.
6 "Medical examiner" or "medical practitioner" means any
7 person licensed to practice medicine in all its branches in
8 the State of Illinois.
9 "Medical limitation or condition" means a scientifically
10 recognized condition that may medically impair a person's
11 physical or mental health to the extent the person is unable
12 to safely operate a motor vehicle.
13 "Secretary" means the Illinois Secretary of State or his
14 or her designee.
15 (Source: P.A. 87-1249.)
16 (625 ILCS 5/7-100) (from Ch. 95 1/2, par. 7-100)
17 Sec. 7-100. Definition of words and phrases.
18 Notwithstanding the definitions set forth in Chapter 1, for
19 the purposes of this Chapter, the following words shall have
20 the following meanings ascribed to them:
21 Administrator. The Department of Transportation.
22 Arrearage. The total amount of unpaid support
23 obligations.
24 Authenticated document. A document from a court which
25 contains a court stamp, showing it is filed with the court,
26 or notarized, or is certified by the custodian of the
27 original.
28 Compliance with a court order of support. The support
29 obligor is no more than an amount equal to 90 days obligation
30 in arrears in making payments in full for current support, or
31 in making periodic payments on a support arrearage as
32 determined by a court.
33 Court order of support. A judgment order for the support
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1 of dependent children issued by a court of this State,
2 including a judgment of dissolution of marriage.
3 Department. The Department of Transportation.
4 Driver's license. A license or permit to operate a motor
5 vehicle in the State, including the privilege of a person to
6 drive a motor vehicle whether or not the person holds a valid
7 license or permit.
8 Family financial responsibility driving permit. A permit
9 granting limited driving privileges for employment or medical
10 purposes following a suspension of driving privileges under
11 the Family Financial Responsibility Law. This permit is
12 valid only after the entry of a court order granting the
13 permit and issuance of the permit by the Secretary of State's
14 Office. An individual's driving privileges must be valid
15 except for the family financial responsibility suspension in
16 order for this permit to be issued. In order to be valid,
17 the permit must be in the immediate possession of the driver
18 to whom it is issued.
19 Judgment. A final judgment of any court of competent
20 jurisdiction of any State, against a person as defendant for
21 damages on account of bodily injury to or death of any person
22 or damages to property resulting from the operation of any
23 motor vehicle.
24 Obligor. The individual who owes a duty to make payments
25 under a court order of support.
26 Obligee. The individual or other legal entity to whom a
27 duty of support is owed through a court order of support or
28 the individual's legal representatives.
29 (Source: P.A. 89-92, eff. 7-1-96.)
30 (625 ILCS 5/7-102) (from Ch. 95 1/2, par. 7-102)
31 Sec. 7-102. Court Review. The provisions of the
32 Administrative Review Law, and all amendments and
33 modifications thereof, and the rules adopted pursuant
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1 thereto, shall apply to and govern all proceedings for the
2 judicial review of final administrative decisions of the
3 Administrator or the Secretary of State hereunder. The term
4 "administrative decision" is defined as in Section 3-101 of
5 the Code of Civil Procedure.
6 (Source: P.A. 82-783.)
7 (625 ILCS 5/7-305) (from Ch. 95 1/2, par. 7-305)
8 Sec. 7-305. Suspension until proof furnished. The
9 suspension of such certificates of registration, license
10 plates and registration stickers of such person as provided
11 for in Section 7-304 shall remain in effect and the Secretary
12 of State shall not issue to any such person any new or
13 renewal of driver's license and shall not register or
14 re-register in the name of such person any motor vehicle
15 until permitted under this Article and not then unless and
16 until said person gives proof of his financial responsibility
17 in the future, as defined in this Code provided in Section
18 7-302, such proof to be maintained by said person in a manner
19 satisfactory to the Secretary of State for a period of 3
20 years after the date such proof is first filed.
21 (Source: P.A. 84-112.)
22 (625 ILCS 5/7-501) (from Ch. 95 1/2, par. 7-501)
23 Sec. 7-501. Assigned Risk Plans. If, on or before
24 January 1, 1946, every insurance carrier authorized to write
25 automobile bodily injury liability insurance in this State
26 shall not subscribe to an assigned risk plan approved by the
27 Director of Insurance, providing that no carrier may withdraw
28 therefrom after approval of the Director, the Director of
29 Insurance shall, when he finds that an application for
30 bodily injury or property damage insurance by a risk, which
31 may become subject to this Act or is a local public entity
32 subject to the Local Governmental and Governmental Tort
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1 Immunity Act, and in good faith is entitled to such
2 insurance, has been rejected by 3 insurance carriers,
3 designate an insurance carrier which shall be obligated to
4 issue forthwith its usual form of policy providing such
5 insurance for such risk. The Director shall make equitable
6 distribution of such assignments among insurance carriers
7 proportionate, so far as practicable, by premiums to the
8 respective net direct automobile bodily injury premium
9 writings of the carriers authorized to do business in this
10 State. The Director of Insurance shall establish rules and
11 regulations for the administration of the provisions of this
12 Section.
13 If any carrier refuses or neglects to comply with the
14 provisions of this Section or with any lawful order or ruling
15 made by the Director of Insurance pursuant to this Section,
16 the Director may, after notice and hearing, suspend the
17 license of such carrier to transact any insurance business in
18 this State until such carrier shall have complied with such
19 order. The provisions of the Administrative Review Law, and
20 all amendments and modifications thereof, and the rules
21 adopted pursuant thereto, shall apply to and govern all
22 proceedings for the judicial review of final administrative
23 decisions of the Director of Insurance hereunder. The term
24 "administrative decision" is defined as in Section 3-101 of
25 the Code of Civil Procedure.
26 (Source: P.A. 82-783.)
27 (625 ILCS 5/11-100) (from Ch. 95 1/2, par. 11-100)
28 Sec. 11-100. Definition of Administrator words and
29 phrases. Notwithstanding the definitions set forth in Chapter
30 1 of this Code, For the purposes of this Chapter, the
31 following words shall have the meanings ascribed to them as
32 follows: Department. The Department of Transportation acting
33 directly or through its duly authorized officers and agents.
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1 "Administrator". means the Administrator of the Illinois
2 Safety and Family Financial Responsibility Law in Chapter 7
3 of this Code.
4 (Source: P.A. 89-92, eff. 7-1-96.)
5 (625 ILCS 5/11-401) (from Ch. 95 1/2, par. 11-401)
6 Sec. 11-401. Motor vehicle accidents involving death or
7 personal injuries. (a) The driver of any vehicle involved in
8 a motor vehicle accident resulting in personal injury to or
9 death of any person shall immediately stop such vehicle at
10 the scene of such accident, or as close thereto as possible
11 and shall then forthwith return to, and in every event shall
12 remain at the scene of the accident until the requirements of
13 Section 11-403 have been fulfilled. Every such stop shall be
14 made without obstructing traffic more than is necessary.
15 (b) Any person who has failed to stop or to comply with
16 said requirements shall, within 3 hours after such motor
17 vehicle accident, or, if hospitalized and incapacitated from
18 reporting at any time during such period, within 48 hours
19 after being discharged from the hospital, report the place of
20 the accident, the date, the approximate time, the driver's
21 name and address, the registration number of the vehicle
22 driven, and the names of all other occupants of such vehicle,
23 at a police station or sheriff's office near the place where
24 such accident occurred. No report made as required under this
25 paragraph shall be used, directly or indirectly, as a basis
26 for the prosecution of any violation of paragraph (a).
27 For purposes of this Section, personal injury shall mean
28 any injury requiring immediate professional treatment in a
29 medical facility or doctor's office.
30 (c) Any person failing to comply with paragraph (a) of
31 shall be guilty of a Class A misdemeanor.
32 (d) Any person failing to comply with paragraph (b)
33 shall be guilty of a Class 4 felony.
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1 (e) The Secretary of State shall revoke the driving
2 privilege of any person convicted of a violation of this
3 Section.
4 (Source: P.A. 84-272.)
5 (625 ILCS 5/11-416) (from Ch. 95 1/2, par. 11-416)
6 Sec. 11-416. Furnishing copies - Fees. The Department
7 of State Police may furnish copies of an Illinois State
8 Police Traffic Accident Report that has been investigated by
9 the State Police and shall be paid a fee of $5 for each such
10 copy, or in the case of an accident which was investigated by
11 an accident reconstruction officer or accident reconstruction
12 team, a fee of $20 shall be paid.
13 Other State law enforcement agencies or law enforcement
14 agencies of local authorities, as defined under Section
15 11-100 of this Code, may furnish copies of traffic accident
16 reports prepared by such agencies and may receive a fee not
17 to exceed $5 for each copy or in the case of an accident
18 which was investigated by an accident reconstruction officer
19 or accident reconstruction team, the State or local law
20 enforcement agency may receive a fee not to exceed $20.
21 Any written accident report required or requested to be
22 furnished the Administrator shall be provided without cost or
23 fee charges authorized under this Section or any other
24 provision of law.
25 (Source: P.A. 84-1308.)
26 (625 ILCS 5/11-1403.3) (from Ch. 95 1/2, par. 11-1403.3)
27 Sec. 11-1403.3. Intercom helmets. Any driver of a
28 vehicle defined in Section 1-145.001, 1-147, 1-148 or 1-148.2
29 of this Code may use a helmet equipped with an electronic
30 intercom system permitting 2-way vocal communication with
31 drivers of any such vehicles or passengers on such vehicles.
32 (Source: P.A. 85-273.)
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1 (625 ILCS 5/11-1424) (from Ch. 95 1/2, par. 11-1424)
2 Sec. 11-1424. Operation of a religious organization bus.
3 (a) No religious organization bus may be operated on any
4 street or highway unless all passengers, except for
5 supervisory personnel, are seated in seats permanently
6 mounted to the vehicle, and the aisle of the bus is kept
7 clean and open.
8 (b) No religious organization bus may be operated on any
9 street or highway while carrying more than the manufacturer's
10 rated passenger capacity for such bus, or at a gross weight
11 in excess of the chassis manufacturer's gross vehicle weight
12 rating (GVWR) or gross axle weight rating (GAWR), or in
13 excess of the weight load ratings of the tires on such bus.
14 For Buses or tires on which the manufacturer has not shown
15 such ratings, by a label, embossment, molding or equivalent
16 means, the Department shall provide, or assist in obtaining,
17 the necessary ratings and may publish such ratings.
18 (c) In loading or unloading passengers, the religious
19 organization bus driver shall stop the bus out of the lane of
20 moving traffic at any bus stop, officially designated as such
21 by government authorities or in a parking lane on the
22 pavement of the highway or on the shoulder off of the
23 highway, if wide enough to permit the safe loading or
24 unloading of passengers. If, however, there is no such bus
25 stop, parking lane or shoulder within 50 feet of the
26 residence or temporary residence of the passenger transported
27 or to be transported by the bus or within 50 feet of the
28 religious facility, the driver may stop the bus on the
29 pavement of the highway after activating unison amber
30 warning lights for not less than 200 feet before the bus is
31 brought to a stop and while passengers are being loaded or
32 unloaded, or if the bus is equipped as a school bus and meets
33 the requirements of Article VIII of this Act, by complying
34 with the subsections (b), (c) and (d) of Section 11-1414.
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1 (d) At all pickup points where it is necessary for a
2 religious organization bus passenger under the age of 12
3 years to cross the roadway to board the bus, a responsible
4 supervisor on the bus shall personally escort the awaiting
5 passenger when it is safe to cross the roadway ahead of the
6 bus.
7 (e) At all discharge points where it is necessary for a
8 religious organization bus passenger under the age of 12 to
9 cross the roadway, a responsible supervisor on the bus shall
10 personally escort the passenger to a point approximately 10
11 feet in front of the bus on the shoulder and then, when it is
12 safe to cross the roadway, across the roadway to a place of
13 safety.
14 (f) If a school bus is used by a religious organization
15 bus for the purposes specified in subsection (a) of Section
16 1-111.1a 1-171.01 and activates the visual signals as
17 required by subsections (b), (c) and (d) of Section 11-1414
18 when picking up or discharging passengers, compliance with
19 subsections (d) and (e) of this Section is optional.
20 (Source: P.A. 80-506.)
21 (625 ILCS 5/12-603) (from Ch. 95 1/2, par. 12-603)
22 Sec. 12-603. Seat safety belts.
23 (a) No person shall sell any 1965 or later model motor
24 vehicle of the first division unless the front seat of such
25 motor vehicle is equipped with 2 sets of seat safety belts.
26 Motorcycles are exempted from the provisions of this Section.
27 (b) No person shall operate any 1965 or later model
28 motor vehicle of the first division that is titled or
29 licensed by the Secretary of State unless the front seat of
30 such motor vehicle is equipped with 2 sets of seat safety
31 belts.
32 (c) (Blank). As used in this Section, "seat safety
33 belts" means a set of belts or a harness meeting the
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1 specifications established by the Department and installed in
2 such manner as to prevent or materially reduce the movement
3 of the person using the same in the event of collision or
4 upset of the vehicle.
5 (d) The Department shall establish performance
6 specifications for seat safety belts and for the attachment
7 and installation thereof.
8 (Source: P.A. 89-120, eff. 7-7-95.)
9 (625 ILCS 5/12-605.1) (from Ch. 95 1/2, par. 12-605.1)
10 Sec. 12-605.1. (a) On or after two years from the
11 effective date of this Act, no bus which was first placed in
12 service after July 1, 1969, or which has undergone complete
13 renovation and restoration since July 1, 1969 shall be
14 operated as a part of any local mass transit system in this
15 State unless the vehicle is equipped with radio facilities
16 permitting two-way vocal communications between the bus and a
17 local transit control office. As used in this Section "local
18 mass transit system" means an organized system providing
19 passenger transportation over regular routes within a
20 designated municipality or area. This Section does not apply
21 to buses used for charter service, school buses, intrastate
22 carriers while not providing transportation services pursuant
23 to contracts with any local mass transit system, private
24 non-profit carriers receiving assistance under Section 16(b)2
25 of the Urban Mass Transportation Act of 1964 as amended,
26 carriers receiving assistance pursuant to Article III of the
27 Downstate Public Transportation Act, or interstate carriers
28 and buses owned by a private local mass transit system;
29 (b) A local mass transit system operating a bus not in
30 compliance with the requirements of subsection (a) shall not
31 be in violation of that subsection, provided that the bus is
32 brought into compliance within a reasonable time (in no event
33 to exceed 1 week) following written notification to the mass
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1 transit system of the fact that the bus is not in compliance.
2 (Source: P.A. 81-1184.)
3 (625 ILCS 5/12-605.2) (from Ch. 95 1/2, par. 12-605.2)
4 Sec. 12-605.2. Beginning 30 days after the effective
5 date of this amendatory Act of 1988, no person shall consume
6 any food or drink, excluding any medicine, upon any bus
7 operated as a part of any local mass transit system in this
8 State. As used in this Section "local mass transit system"
9 means an organized system providing passenger transportation
10 over regular routes within a designated municipality or area.
11 This Section does not apply to buses used for charter
12 service, school buses, intrastate carriers while not
13 providing transportation services pursuant to contracts with
14 any local mass transit system, and private non-profit
15 carriers.
16 Persons found guilty of violating this Section shall be
17 fined $100.
18 (Source: P.A. 85-1364.)
19 (625 ILCS 5/12-607.1) (from Ch. 95 1/2, par. 12-607.1)
20 Sec. 12-607.1. Frame and floor height. (a) No person
21 shall operate upon a highway a first division vehicle which
22 has a clearance between the frame and ground in excess of 22
23 inches. The lowest portion of the body floor shall not be
24 more than 4 inches above the top of the frame. No such
25 vehicle shall be modified to cause the vehicle body or
26 chassis to come in contact with the ground, expose the fuel
27 tank to damage from collision or cause the wheels to come in
28 contact with the body under normal operation.
29 (b) No person shall operate upon a highway a second
30 division vehicle which has a clearance between the frame and
31 ground which is in excess of the limits specified within this
32 subsection for its gross vehicle weight rating (GVWR)
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1 category. For the purpose of this section, GVWR means the
2 manufacturer's gross vehicle weight rating whether or not the
3 vehicle is modified by the use of parts not originally
4 installed by the manufacturer. The stacking or attaching of
5 vehicle frames (one frame on top of or beneath another frame)
6 is prohibited. No portion of the body floor shall be raised
7 above the frame.
8 (1) The frame height of second division vehicles, whose
9 GVWR is under 4,500 pounds, shall be no more than 24 inches.
10 (2) The frame height of second division vehicles, whose
11 GVWR is more than 4,500 pounds and less than 7,500 pounds,
12 shall be no more than 26 inches.
13 (3) The frame height of second division vehicles, whose
14 GVWR is more than 7,500 pounds and less than 10,000 pounds,
15 shall be no more than 28 inches.
16 (c) Under subsections (a) or (b) of this Section,
17 measurements shall be made when a vehicle is unladen on a
18 level surface at the lowest point from the bottom of the
19 original vehicle manufacturer's longitudinal frame rail
20 between the front axle and second axle on the vehicle.
21 (d) This Section does not apply to specially designed or
22 modified motor vehicles when operated off the highways. Such
23 motor vehicles may be transported upon the highway only by
24 use of a trailer or semitrailer. The specially designed or
25 modified motor vehicle may also be transported upon another
26 vehicle, providing that the entire weight of the specifically
27 designed or modified vehicle is resting upon the transporting
28 vehicle.
29 (e) Any violation of this Section is a Class C
30 misdemeanor. A second conviction under this Section shall be
31 punished with a fine of not less than $500. An officer making
32 an arrest under this Section shall order the vehicle driver
33 to remove the vehicle from the highway. A person convicted
34 under this Section shall be ordered to bring his vehicle into
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1 compliance with this Section.
2 (Source: P.A. 86-498.)
3 (625 ILCS 5/12-714)
4 Sec. 12-714. Possession and use of radar detection
5 devices prohibited.
6 (a) No person shall operate or be in actual physical
7 control of a commercial motor vehicle as defined in Section
8 6-500(6) of this Code while the motor vehicle is equipped
9 with any instrument designed to detect the presence of police
10 radar for the purpose of monitoring vehicular speed. For
11 purposes of this Section, the term "equipped" means and
12 includes possession or use within a commercial motor vehicle.
13 (b) Notwithstanding subsection (a) of this Section, a
14 person operating a commercial motor vehicle as defined in
15 Section 6-500(6) of this Code, who possesses within the
16 vehicle a radar detecting device that is contained in a
17 locked opaque box or similar container, or that is not in the
18 passenger compartment of the vehicle, and that is not in
19 operation, shall not be in violation of subsection (a) of
20 this Section.
21 Any person found guilty of violating this Section shall
22 be guilty of a petty offense. A minimum fine of $50 shall be
23 imposed for a first offense and a minimum fine of $100 for a
24 second or subsequent offense.
25 (c) The radar detection device or mechanism shall be
26 seized by the law enforcement officer at the time of the
27 violation if the offender has previously been convicted of
28 violating this Section. This Section shall not be construed
29 to authorize the permanent forfeiture to the State of any
30 radar detection device or mechanism. Any such device or
31 mechanism shall be taken and held for the period when needed
32 as evidence. When no longer needed for evidence, the
33 defendant may petition the court for the return of the device
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1 or mechanism; provided the defendant shall prove to the court
2 by a preponderance of the evidence that the device or
3 mechanism will be used only for a legitimate and lawful
4 purpose.
5 (d) No commercial motor vehicle, or driver of such
6 vehicle, shall be stopped or searched by any law enforcement
7 officer solely on the basis of a violation or suspected
8 violation of this Section.
9 (Source: P.A. 87-1202; 88-45.)
10 (625 ILCS 5/12-715)
11 Sec. 12-715.. Possession and use of radar jamming
12 devices prohibited.
13 (a) No person shall operate or be in actual physical
14 control of a commercial motor vehicle as defined in Section
15 6-500(6) of this Code while the motor vehicle is equipped
16 with any instrument designed to interfere with microwaves at
17 frequencies used by police radar for the purpose of
18 monitoring vehicular speed. For purposes of this Section,
19 the term "equipped" means and includes possession or use
20 within a commercial motor vehicle.
21 (b) Notwithstanding subsection (a) of this Section, a
22 person operating a commercial motor vehicle as defined in
23 Section 6-500(6) of this Code, who possesses within the
24 vehicle a radar jamming device that is contained in a locked
25 opaque box or similar container, or that is not in the
26 passenger compartment of the vehicle, and that is not in
27 operation, shall not be in violation of subsection (a) of
28 this Section.
29 Any person found guilty of violating this Section shall
30 be guilty of a petty offense. A minimum fine of $50 shall be
31 imposed for a first offense and a minimum fine of $100 for a
32 second or subsequent offense.
33 (c) The radar jamming device or mechanism shall be
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1 seized by the law enforcement officer at the time of the
2 violation. This Section shall not be construed to authorize
3 the permanent forfeiture to the State of any radar jamming
4 device or mechanism. Any such device or mechanism shall be
5 taken and held for the period when needed as evidence. When
6 no longer needed for evidence, the defendant may petition the
7 court for the return of the device or mechanism; provided the
8 defendant shall prove to the court by a preponderance of the
9 evidence that the device or mechanism will be used only for a
10 legitimate and lawful purpose.
11 (d) No commercial motor vehicle, or driver of such
12 vehicle, shall be stopped or searched by any law enforcement
13 officer solely on the basis of a violation or suspected
14 violation of this Section.
15 (Source: P.A. 87-1202; 88-45.)
16 (625 ILCS 5/12-902) (from Ch. 95 1/2, par. 12-902)
17 Sec. 12-902. Rules and regulations. The Department of
18 Transportation may promulgate rules and regulations to more
19 completely specify the equipment requirements for every motor
20 vehicle defined as a religious organization bus under Section
21 1-111.1a 1-171.01.
22 (Source: P.A. 79-798.)
23 (625 ILCS 5/13B-5)
24 Sec. 13B-5. Definitions. For the purposes of this
25 Chapter:
26 "Affected counties" means Cook County; DuPage County;
27 Lake County; those parts of Kane County that are not included
28 within any of the following ZIP code areas, as designated by
29 the U.S. Postal Service on the effective date of this
30 amendatory Act of 1994: 60109, 60119, 60135, 60140, 60142,
31 60144, 60147, 60151, 60152, 60178, 60182, 60511, 60520,
32 60545, and 60554; those parts of Kendall County that are not
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1 included within any of the following ZIP code areas, as
2 designated by the U.S. Postal Service on the effective date
3 of this amendatory Act of 1994: 60447, 60512, 60536, 60537,
4 60541, those parts of 60543 that are not within the census
5 defined urbanized area, 60545, and 60560; those parts of
6 McHenry County that are not included within any of the
7 following ZIP code areas, as designated by the U.S. Postal
8 Service on the effective date of this amendatory Act of 1994:
9 60001, 60033, 60034, 60071, 60072, 60097, 60098, 60142,
10 60152, and 60180; those parts of Will County that are not
11 included within any of the following ZIP code areas, as
12 designated by the U.S. Postal Service on the effective date
13 of this amendatory Act of 1994: 60401, 60407, 60408, 60410,
14 60416, 60418, 60421, 60442, 60447, 60468, 60481, 60935 and
15 60950; those parts of Madison County that are not included
16 within any of the following ZIP code areas, as designated by
17 the U.S. Postal Service on the effective date of this
18 amendatory Act of 1994: 62001, 62012, 62021, 62026, 62046,
19 62058, 62061, 62067, 62074, 62088, 62097, 62249, 62275, and
20 62281; those parts of Monroe County that are not included
21 within any of the following ZIP code areas, as designated by
22 the U.S. Postal Service on the effective date of this
23 amendatory Act of 1994: 62244, 62248, 62256, 62261, 62276,
24 62278, 62279, 62295, and 62298; and those parts of St. Clair
25 County that are not included within any of the following ZIP
26 code areas, as designated by the U.S. Postal Service on the
27 effective date of this amendatory Act of 1994: 62224, 62243,
28 62248, 62254, 62255, 62257, 62258, 62260, 62264, 62265,
29 62269, 62278, 62282, 62285, 62289, and 62298.
30 "Agency" means the Illinois Environmental Protection
31 Agency.
32 "Board" means the Illinois Pollution Control Board.
33 "Inspection area" means Cook County, DuPage County, Lake
34 County and those portions of Kane, Kendall, Madison, McHenry,
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1 Monroe, Will, and St. Clair Counties included in the
2 definition of "affected counties".
3 "Model year" means the year of manufacture of a vehicle
4 based upon the annual production period of the vehicle as
5 designated by the manufacturer and indicated on the title and
6 registration of the vehicle. If the manufacturer does not
7 designate a production period for the vehicle, then "model
8 year" means the calendar year of manufacture.
9 "Owner" means the registered owner of the vehicle, as
10 indicated on the vehicle's registration. In the case of an
11 unregistered vehicle, "owner" has the meaning set forth in
12 Section 1-155 of this Code.
13 "Program" means the vehicle emission inspection program
14 established under this Chapter.
15 "Resident" includes natural persons, foreign and domestic
16 corporations, partnerships, associations, and all other
17 commercial and governmental entities. For the purpose of
18 determining residence, the owner of a vehicle shall be
19 presumed to reside at the address indicated on the vehicle's
20 registration. A governmental entity, including the federal
21 government and its agencies, and any unit of local government
22 or school district, any part of which is located within an
23 affected county, shall be deemed a resident of an affected
24 county for the purpose of any vehicle that is owned by the
25 governmental entity and regularly operated in an affected
26 county.
27 "Registration" of a vehicle means its registration under
28 Article IV of Chapter 3 of this Code.
29 "Recognized repair technician" means a person
30 professionally engaged in vehicle repair, employed by a going
31 concern whose purpose is vehicle repair, or possessing
32 nationally recognized certification for emission-related
33 diagnosis and repair.
34 (Source: P.A. 88-533.)
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1 (625 ILCS 5/15-107) (from Ch. 95 1/2, par. 15-107)
2 Sec. 15-107. Length of vehicles.
3 (a) Unless otherwise provided for in this Code, no
4 single vehicle, with or without load, other than a
5 semitrailer that is not a housetrailer, shall exceed an
6 overall length of 42 feet.
7 (b) Subject to the provisions of paragraph (f) and
8 unless otherwise provided in this Code, no truck tractor and
9 semitrailer, unladen or with load, except a semitrailer other
10 than a house trailer, shall exceed a length of 55 feet
11 extreme overall dimension, except that the combination when
12 specially designed to transport motor vehicles may have a
13 length of 60 feet extreme overall dimension, subject to those
14 exceptions and special rules otherwise stated in this Code.
15 No other combination of vehicles, unladen or with load, shall
16 exceed a length of 60 feet extreme overall dimension.
17 (c) A truck tractor semitrailer may draw one trailer, or
18 a converter dolly, or a vehicle that is special mobile
19 equipment if the extreme length of the combination does not
20 exceed 60 feet, and a truck in transit may draw 3 trucks in
21 transit coupled together by the triple saddlemount method.
22 Except as otherwise provided, no other combinations of
23 vehicles coupled together shall consist of more than 2
24 vehicles. For the purposes of this paragraph, a tow-dolly
25 that merely serves as substitute wheels for another legally
26 licensed vehicle will be considered part of the vehicle and
27 not as a separate vehicle.
28 Vehicles in combination, whether being operated
29 intrastate or interstate, shall be operated and towed in
30 compliance with all requirements of Federal Highway
31 Administration, Title 49, C. F. R., Motor Carrier Safety
32 Regulations, pertaining to coupling devices and towing
33 methods and all other equipment safety requirements set forth
34 in the regulations.
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1 (d) Notwithstanding any other provisions of this Code,
2 there is no overall length limitation on motor vehicles
3 operating in truck tractor-semitrailer or truck
4 tractor-semitrailer-trailer combinations, except that
5 maxi-cube combinations as defined in this Section, and a
6 combination of vehicles specifically designed to transport
7 motor vehicles or boats, shall not exceed 65 feet overall
8 length, and provided that a stinger steered combination of
9 vehicles specifically designed to transport motor vehicles or
10 boats and a truck in transit transporting 3 trucks coupled
11 together by the triple saddlemount method shall not exceed 75
12 feet overall length, with the length limitations inclusive of
13 front and rear bumpers but exclusive of the overhang of the
14 transported vehicles as provided for in paragraph (i) of this
15 Section, upon the National System of Interstate and Defense
16 Highways or any other highways in the system of State
17 highways that have been designated Class I highways by the
18 Department or any street or highway designated by local
19 authorities or road district commissioners; provided that the
20 length of the semitrailer unit, unladen or with load,
21 operated in a truck tractor-semitrailer combination shall not
22 exceed 53 feet and the distance between the kingpin and the
23 center of the rear axle of a semitrailer longer than 48 feet
24 shall not exceed 45 feet, 6 inches; and provided that the
25 length of any semitrailer or trailer, unladen or with load,
26 operated in a truck tractor-semitrailer-trailer combination
27 shall not exceed 28 feet 6 inches.
28 The length limitations described in this paragraph (d)
29 shall be exclusive of safety and energy conservation devices,
30 such as rear view mirrors, turn signals, marker lamps, steps
31 and handholds for entry and egress, flexible fender
32 extensions, bumpers, mudflaps and splash and spray
33 suppressant devices, load-induced tire bulge, refrigeration
34 units or air compressors and other devices, that the
-88- LRB9000475NTsbB
1 Department may interpret as necessary for safe and efficient
2 operation; except that no device excluded under this
3 paragraph shall have by its design or use the capability to
4 carry cargo.
5 Vehicles operating under this paragraph (d) shall have
6 access for a distance of one highway mile to or from a Class
7 I highway on any street or highway, unless there is a sign
8 prohibiting the access, or 5 highway miles on a street or
9 highway in the system of State highways, and upon any street
10 or highway designated, without additional fees, by local
11 authorities or road district commissioners, to points of
12 loading and unloading and facilities for food, fuel, repairs
13 and rest. Household goods carriers shall have access to
14 points of loading and unloading.
15 For purposes of this Section, a maxi-cube vehicle shall
16 be defined as a combination of vehicles consisting of a
17 truck-tractor, upon which is mounted a separable cargo
18 carrying semi-trailer, and a trailing unit that is attached
19 by a pintle hook or similar connection, with the separable
20 cargo carrying semi-trailer designed so as to be loaded and
21 unloaded through the trailing unit, except that the entire
22 combination shall not exceed 65 feet in length and that
23 neither the semi-trailer nor the trailing unit in the
24 combination shall by itself exceed 34 feet in length.
25 Section 5-35 of the Illinois Administrative Procedure Act
26 relating to procedures for rulemaking shall not apply to the
27 designation of highways under this paragraph (d).
28 (e) In addition to the designation of highways under
29 paragraph (d) the Department may designate other streets or
30 highways in the system of State highways as Class II
31 highways. Notwithstanding any other provisions of this Code,
32 effective June 1, 1996 there is no overall length limitation
33 on motor vehicles operating in truck tractor-semitrailer
34 combinations operating upon designated Class II highways,
-89- LRB9000475NTsbB
1 provided the length of the semitrailer unit, unladen or with
2 load, operated in a truck tractor-semitrailer combination
3 shall not exceed 53 feet and the distance between the kingpin
4 and the center of the rear axle of a semitrailer longer than
5 48 feet shall not exceed 45 feet, 6 inches. A truck
6 tractor-semitrailer-trailer combination may be operated
7 provided that the wheelbase between the front axle and rear
8 axle shall not exceed 65 feet and the length of any
9 semitrailer or trailer, unladen or with load, in a
10 combination shall not exceed 28 feet 6 inches. Local
11 authorities and road district commissioners with respect to
12 streets and highways under their jurisdiction, may also by
13 ordinance or resolution allow the length limitations of this
14 paragraph (e).
15 A maxi-cube combination, a truck in transit transporting
16 3 trucks coupled together by the triple saddlemount method,
17 and a combination of vehicles specifically designed to
18 transport motor vehicles or boats may operate on the
19 designated streets or highways provided the overall length
20 shall not exceed 65 feet, and provided that a stinger steered
21 combination of vehicles specifically designed to transport
22 motor vehicles or boats shall not exceed 75 feet overall
23 length, with the length limitations inclusive of front and
24 rear bumpers but exclusive of the overhang of the transported
25 vehicles as provided for in paragraph (i) of this Section.
26 The length limitations described in this paragraph (e)
27 shall be exclusive of safety and energy conservation devices,
28 such as rear view mirrors, turn signals, marker lamps, steps
29 and handholds for entry and egress, flexible fender
30 extensions, bumpers, mudflaps and splash and spray
31 suppressant devices, load-induced tire bulge, refrigeration
32 units or air compressors and other devices, that the
33 Department may interpret as necessary for safe and efficient
34 operation; except that no device excluded under this
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1 paragraph shall have by its design or use the capability to
2 carry cargo.
3 Vehicles operating under this paragraph (e) shall have
4 access for a distance of 5 highway miles on a street or
5 highway in the system of State highways, and upon any street
6 or highway designated by local authorities or road district
7 commissioners, to points of loading and unloading and to
8 facilities for food, fuel, repairs and rest. Household goods
9 carriers shall have access to points of loading and
10 unloading.
11 Section 5-35 of the Illinois Administrative Procedure Act
12 relating to procedures for rulemaking shall not apply to the
13 designation of highways under this paragraph (e).
14 (f) On any street or highway in the system of State
15 highways that has not been designated by the Department under
16 paragraph (d) or (e), the wheelbase between the front axle
17 and the rear axle in a truck tractor-semitrailer combination
18 shall not exceed 55 feet or, effective June 1, 1996, no truck
19 tractor and semitrailer, unladen or with load, except a
20 semitrailer other than a house trailer, shall exceed a length
21 of 65 feet between extreme overall dimensions, the length of
22 the semitrailer, unladen or with load, shall not exceed 53
23 feet and the distance between the kingpin and the center of
24 the rear axle of a semitrailer longer than 48 feet shall not
25 exceed 42 feet, 6 inches. On any street or highway in the
26 State system of highways that has not been designated by the
27 Department under paragraph (d) or (e), no truck
28 tractor-semitrailer-trailer combination shall exceed a length
29 of 60 feet extreme overall dimension.
30 (g) Length limitations in the preceding subsections of
31 this Section 15-107 shall not apply to vehicles operated in
32 the daytime, except on Saturdays, Sundays or legal holidays,
33 when transporting poles, pipe, machinery or other objects of
34 a structural nature that cannot readily be dismembered, nor
-91- LRB9000475NTsbB
1 to vehicles transporting those objects operated on Saturdays,
2 Sundays or legal holidays or at nighttime by a public utility
3 when required for emergency repair of public service
4 facilities or properties, but in respect to the night
5 operation every vehicle and the load thereon shall be
6 equipped with a sufficient number of clearance lamps on both
7 sides and marker lamps upon the extreme ends of any
8 projecting load to clearly mark the dimensions of the load,
9 provided that the overall length of vehicle and load shall
10 not exceed 100 feet and no object exceeding 80 feet in length
11 shall be transported, except by a public utility when
12 required for emergency repairs, unless a permit has first
13 been obtained as authorized in Section 15-301. A combination
14 of vehicles, including a tow truck and a disabled vehicle or
15 disabled combination of vehicles, that exceeds the length
16 restriction imposed by this Code, may be operated on a public
17 highway in this State upon the following conditions:
18 (1) The towing vehicle must be:
19 a. specifically designed as a tow truck having
20 a gross vehicle weight rating of at least 18,000
21 lbs. and equipped with air brakes;
22 b. equipped with flashing, rotating or
23 oscillating amber lights, visible for a least 500
24 feet in all directions; and
25 c. capable of utilizing the lighting and
26 braking systems of the disabled vehicle or
27 combination of vehicles.
28 (2) The towing of vehicles on the highways of this
29 State shall not exceed 50 miles from the initial point of
30 wreck or disablement. Any additional movement of the
31 vehicles shall only occur upon issuance of authorization
32 for that movement under the provisions of Section 15-301
33 through 15-319 of this Chapter.
34 The Department may by rule or regulation prescribe
-92- LRB9000475NTsbB
1 additional requirements regarding length limitations for a
2 tow truck towing another vehicle.
3 For the purpose of this subsection, gross vehicle weight
4 rating, or GVWR, shall mean the value specified by the
5 manufacturer as the loaded weight of the tow truck. Legal
6 holidays referred to in this Section shall be specified as
7 the day on which the following traditional holidays are
8 celebrated:
9 New Year's Day;
10 Memorial Day;
11 Independence Day;
12 Labor Day;
13 Thanksgiving Day; and
14 Christmas Day.
15 (h) The load upon any vehicle operated alone, or the
16 load upon the front vehicle of a combination of vehicles,
17 shall not extend more than 3 feet beyond the front wheels of
18 the vehicle or the front bumper of the vehicle if it is
19 equipped with a front bumper.
20 (i) The load upon the front vehicle of a combination of
21 vehicles specifically designed to transport motor vehicles
22 shall not extend more than 3 feet beyond the foremost part of
23 the transporting vehicle and the load upon the rear
24 transporting vehicle shall not extend more than 4 feet beyond
25 the rear of the bed or body of the vehicle. This paragraph
26 shall only be applicable upon highways designated in
27 paragraphs (d) and (e) of this Section.
28 (j) Articulated vehicles comprised of 2 sections,
29 neither of which exceeds a length of 42 feet, designed for
30 the carrying of more than 10 persons, may be up to 60 feet in
31 length, not including energy absorbing bumpers, provided that
32 the vehicles are:
33 1. operated by or for any public body or motor
34 carrier authorized by law to provide public
-93- LRB9000475NTsbB
1 transportation services; or
2 2. operated in local public transportation service
3 by any other person and the municipality in which the
4 service is to be provided approved the operation of the
5 vehicle.
6 (j-1) Charter or regulated route buses may be up to 45
7 feet in length, not including energy absorbing bumpers.
8 (k) Any person who is convicted of violating this
9 Section is subject to the penalty as provided in paragraph
10 (b) of Section 15-113.
11 (l) A combination of 3 vehicles not to exceed 60 feet
12 overall length may be operated on the highways of the State,
13 provided that the vehicles meet the following requirements:
14 (1) The towing vehicle is a properly registered
15 vehicle capable of towing another vehicle using a
16 fifth-wheel type assembly.
17 (2) The second vehicle in the combination of
18 vehicles shall be a recreational vehicle that is towed by
19 a fifth-wheel assembly. This vehicle shall be properly
20 registered and be equipped with brakes regardless of
21 weight.
22 (3) The third vehicle shall be the lightest of the
23 3 vehicles and be a trailer or semi-trailer designed or
24 used for transporting a boat, all-terrain vehicle,
25 personal watercraft, or motorcycle.
26 (4) The towed vehicles may only be for the use of
27 the operator of the towing vehicle.
28 (5) All vehicles shall be properly equipped with
29 operating brakes and safety equipment required by this
30 Code, except the additional brake requirement in
31 paragraph (2) above.
32 (Source: P.A. 88-45; 88-384; 88-670, eff. 12-2-94; 89-219,
33 eff. 1-1-96; 89-434, eff. 6-1-96; 89-626, eff. 8-9-96.)
-94- LRB9000475NTsbB
1 (625 ILCS 5/15-111) (from Ch. 95 1/2, par. 15-111)
2 Sec. 15-111. Wheel and axle loads and gross weights.
3 (a) No vehicle or combination of vehicles equipped with
4 pneumatic tires shall be operated, unladen or with load, upon
5 the highways of this State when the gross weight on the road
6 surface through any single axle thereof exceeds 18,000
7 pounds, except when a different limit is established and
8 posted in accordance with Section 15-316 and except any
9 single axle of a 2 axle motor vehicle weighing 36,000 pounds
10 or less and not a part of a combination of vehicles, shall
11 not exceed 20,000 pounds. Provided, however, that any single
12 axle of a 2 axle motor vehicle equipped with a personnel lift
13 or digger derrick, weighing 36,000 pounds or less, owned and
14 operated by a public utility, shall not exceed 20,000 pounds.
15 No vehicle or combination of vehicles equipped with other
16 than pneumatic tires shall be operated, unladen or with load,
17 upon the highways of this State when the gross weight on the
18 road surface through any wheel thereof exceeds 800 pounds per
19 inch width of tire tread or when the gross weight on the road
20 surface through any axle thereof exceeds 16,000 pounds. An
21 axle load shall be defined as the total load transmitted to
22 the road by all wheels whose centers may be included between
23 2 parallel transverse vertical planes 40 inches apart
24 extending across the full width of the vehicle.
25 Any 2 or more single axles whose centers are more than 40
26 inches and not more than 96 inches apart, measured to the
27 nearest inch between extreme axles in the series, shall be
28 defined as tandem axles, and The gross weight transmitted to
29 the road surface through tandem axles the series shall not
30 exceed 32,000 pounds and no axle of the series shall exceed
31 the maximum weight permitted under this Section for a single
32 axle. Provided that on a 4 axle vehicle or on a 5 or more
33 axle combination of vehicles the weight on a series of 3
34 axles whose centers are more than 96 inches apart, measured
-95- LRB9000475NTsbB
1 between extreme axles in the series, shall not exceed those
2 allowed on 3 axles in the table contained in subsection (f)
3 of this Section and no axle or tandem axle of the series
4 shall exceed the maximum weight permitted under this Section
5 for a single or tandem axle. Provided also that a 3 axle
6 vehicle or 3 axle truck mixer registered as a Special Hauling
7 Vehicle, used exclusively for the mixing and transportation
8 of concrete, specially equipped with a road surface engaging
9 mixer trailing 4th axle, manufactured prior to or in the
10 model year of 2004 and first registered in Illinois prior to
11 January 1, 2005, with a distance greater than 72 inches but
12 not more than 96 inches between any series of 2 axles may
13 transmit to the road surface a maximum weight of 18,000
14 pounds on each of these axles with a gross weight on these 2
15 axles not to exceed 36,000 pounds. Any such vehicle
16 manufactured in the model year of 2004 or thereafter or first
17 registered in Illinois after December 31, 2004 may transmit
18 to the road surface a maximum of 32,000 pounds through these
19 2 axles and none of the axles shall exceed 18,000 pounds.
20 A truck, not in combination and specially equipped with a
21 selfcompactor, or an industrial roll-off hoist and roll-off
22 container, used exclusively for garbage or refuse operations,
23 and a truck used exclusively for the collection of rendering
24 materials may, however, when laden, transmit upon the road
25 surface of any highway except when part of the National
26 System of Interstate and Defense Highways, a gross weight
27 upon a single axle not more than 22,000 pounds, and upon a
28 tandem axle not more than 40,000 pounds. When unladen,
29 however, those trucks shall comply with the axle limitations
30 applicable to all other trucks.
31 A 2 axle truck specially equipped with a front loading
32 compactor used exclusively for garbage, refuse, or recycling
33 may transmit 20,000 pounds per axle provided that the gross
34 weight of the vehicle does not exceed 40,000 pounds.
-96- LRB9000475NTsbB
1 (b) The gross weight of vehicles and combination of
2 vehicles including the weight of the vehicle or combination
3 and its maximum load shall be subject to the foregoing
4 limitations and further shall not exceed the following gross
5 weights dependent upon the number of axles and distance
6 between extreme axles of the vehicle or combination measured
7 longitudinally to the nearest foot.
8 VEHICLES HAVING 2 AXLES ....................... 36,000 pounds
9 VEHICLES OR COMBINATIONS
10 HAVING 3 AXLES
11 With Tandem With or
12 Axles Without
13 Tandem Axles
14 Minimum Minimum
15 distance to Maximum distance to Maximum
16 nearest foot Gross nearest foot Gross
17 between Weight between Weight
18 extreme axles (pounds) extreme axles (pounds)
19 10 feet 41,000 16 feet 46,000
20 11 42,000 17 47,000
21 12 43,000 18 47,500
22 13 44,000 19 48,000
23 14 44,500 20 49,000
24 15 45,000 21 feet or more 50,000
25 VEHICLES OR COMBINATIONS
26 HAVING 4 AXLES
27 Minimum Minimum
28 distance to Maximum distance to Maximum
29 nearest foot Gross nearest foot Gross
30 between Weight between Weight
31 extreme axles (pounds) extreme axles (pounds)
32 15 feet 50,000 26 feet 57,500
33 16 50,500 27 58,000
-97- LRB9000475NTsbB
1 17 51,500 28 58,500
2 18 52,000 29 59,500
3 19 52,500 30 60,000
4 20 53,500 31 60,500
5 21 54,000 32 61,500
6 22 54,500 33 62,000
7 23 55,500 34 62,500
8 24 56,000 35 63,500
9 25 56,500 36 feet or more 64,000
10 In applying the above table to a vehicle having more than
11 4 axles that is not in combination, only 4 axles shall be
12 considered in determining the maximum gross weights.
13 COMBINATIONS HAVING 5 OR MORE AXLES
14 Minimum distance to Maximum
15 nearest foot between Gross Weight
16 extreme axles (pounds)
17 42 feet or less 72,000
18 43 73,000
19 44 feet or more 73,280
20 VEHICLES OPERATING ON CRAWLER TYPE TRACKS ..... 40,000 pounds
21 TRUCKS EQUIPPED WITH SELFCOMPACTORS
22 OR ROLL-OFF HOISTS AND ROLL-OFF CONTAINERS FOR GARBAGE
23 OR REFUSE HAULS ONLY AND TRUCKS USED FOR
24 THE COLLECTION OF RENDERING MATERIALS
25 On Highway Not Part of National System
26 of Interstate and Defense Highways
27 with 2 axles 36,000 pounds
28 with 3 axles 54,000 pounds
29 TWO AXLE TRUCKS EQUIPPED WITH
30 A FRONT LOADING COMPACTOR USED EXCLUSIVELY
31 FOR THE COLLECTION OF GARBAGE, REFUSE, OR RECYCLING
32 with 2 axles 40,000 pounds
-98- LRB9000475NTsbB
1 (c) Cities having a population of more than 50,000 may
2 permit by ordinance axle loads on 2 axle motor vehicles 33
3 1/2% above those provided for herein, but the increase shall
4 not become effective until the city has officially notified
5 the Department of the passage of the ordinance and shall not
6 apply to those vehicles when outside of the limits of the
7 city, nor shall the gross weight of any 2 axle motor vehicle
8 operating over any street of the city exceed 40,000 pounds.
9 (d) Weight limitations shall not apply to vehicles
10 (including loads) operated by a public utility when
11 transporting equipment required for emergency repair of
12 public utility facilities or properties or water wells.
13 A combination of vehicles, including a tow truck and a
14 disabled vehicle or disabled combination of vehicles, that
15 exceeds the weight restriction imposed by this Code, may be
16 operated on a public highway in this State provided that
17 neither the disabled vehicle nor any vehicle being towed nor
18 the tow truck itself shall exceed the weight limitations
19 permitted under this Chapter. During the towing operation,
20 neither the tow truck nor the vehicle combination shall
21 exceed the following axle weight limitations:
22 A. 24,000 pounds - Single rear axle;
23 B. 44,000 pounds - Tandem rear axle;
24 Gross weight limits shall not apply to the combination of
25 the tow truck and vehicles being towed. The tow truck
26 license plate must cover the operating empty weight of the
27 tow truck only. The weight of each vehicle being towed shall
28 be covered by a valid license plate issued to the owner or
29 operator of the vehicle being towed and displayed on that
30 vehicle. If no valid plate issued to the owner or operator of
31 that vehicle is displayed on that vehicle, or the plate
32 displayed on that vehicle does not cover the weight of the
33 vehicle, the weight of the vehicle shall be covered by the
34 third tow truck plate issued to the owner or operator of the
-99- LRB9000475NTsbB
1 tow truck and temporarily affixed to the vehicle being towed.
2 In addition, the following conditions must be met:
3 (1) the towing vehicle must be:
4 a. specifically designed as a tow truck having
5 a gross vehicle weight rating of at least 18,000
6 lbs. and equipped with air brakes provided that air
7 brakes shall be required only if the towing vehicle
8 is towing a vehicle, semitrailer, or tractor-trailer
9 combination that is equipped with airbrakes;
10 b. equipped with flashing, rotating or
11 oscillating amber lights, visible for at least 500
12 feet in all directions; and
13 c. capable of utilizing the lighting and
14 braking systems of the disabled vehicle or
15 combination of vehicles.
16 (2) The towing of the vehicles on the highways of
17 this State shall not exceed 15 miles from the initial
18 point of wreck or disablement. Any additional movement of
19 the vehicles shall only occur upon issuance of
20 authorization for that movement under the provisions of
21 Sections 15-301 through 15-319 of this Chapter.
22 The Department may by rule or regulation prescribe
23 additional requirements. However, nothing in this Code shall
24 prohibit a tow truck under instructions of a police officer
25 from legally clearing a disabled vehicle, that may be in
26 violation of weight limitations of this Chapter, from the
27 roadway to the berm or shoulder of the highway.
28 For the purpose of this subsection, gross vehicle weight
29 rating, or GVWR, shall mean the value specified by the
30 manufacturer as the loaded weight of the tow truck.
31 (e) No vehicle or combination of vehicles equipped with
32 pneumatic tires shall be operated, unladen or with load, upon
33 the highways of this State in violation of the provisions of
34 any permit issued under the provisions of Sections 15-301
-100- LRB9000475NTsbB
1 through 15-319 of this Chapter.
2 (f) Notwithstanding any other provision in this Code,
3 except for those provisions of subsection (d) of this Section
4 relating to emergency operations of public utilities and tow
5 trucks while actually engaged in the towing of a disabled
6 vehicle, and those vehicles for which the Department issues
7 overweight permits under authority of Section 15-301 of this
8 Code, the weight limitations contained in this subsection
9 shall apply to the National System of Interstate and Defense
10 Highways and other highways in the system of State highways
11 that have been designated by the Department as Class I, II,
12 or III. No vehicle shall be operated on the highways with a
13 weight in excess of 20,000 pounds carried on any one axle or
14 with a tandem axle weight in excess of 34,000 pounds, or a
15 gross weight in excess of 80,000 pounds for vehicle
16 combinations of 5 axles or more, or a gross weight on a group
17 of 2 or more consecutive axles in excess of that weight
18 produced by the application of the following formula:
19 W = 500 times the sum of (LN divided by N-1) + 12N + 36
20 Where "W" equals overall gross weight on any group of 2 or
21 more consecutive axles to the nearest 500 pounds; "L" equals
22 the distance measured to the nearest foot between extremes of
23 any group of 2 or more consecutive axles; and "N" equals the
24 number of axles in the group under consideration, except that
25 2 consecutive sets of tandem axles may carry a gross load of
26 34,000 pounds each, provided the overall distance between the
27 first and last axles of the consecutive sets of tandem axles
28 is 36 feet or more. Provided also that a 3-axle vehicle
29 registered as a Special Hauling Vehicle manufactured prior to
30 or in the model year of 2004, and first registered in
31 Illinois prior to January 1, 2005, with a distance greater
32 than 72 inches but not more than 96 inches between the 2 rear
33 axles may transmit to the road surface a maximum weight of
34 18,000 pounds on each of the 2 rear axles with a gross weight
-101- LRB9000475NTsbB
1 on these 2 axles not to exceed 36,000 pounds. Any vehicle
2 registered as a Special Hauling Vehicle manufactured prior to
3 or in the model year of 2004 or thereafter or first
4 registered in Illinois after December 31, 2004, may transmit
5 to the road surface a maximum of 34,000 pounds through the 2
6 rear axles and neither of the rear axles shall exceed 20,000
7 pounds. For purposes of this subsection, tandem axles shall
8 be defined as any 2 or more single axles whose centers are
9 more than 40 inches and not more than 96 inches apart,
10 measured to the nearest inch between extreme axles in the
11 series.
12 The above formula when expressed in tabular form results
13 in allowable loads as follows:
14 Distance measured
15 to the nearest
16 foot between the
17 extremes of any Maximum load in pounds
18 group of 2 or carried on any group of
19 more consecutive 2 or more consecutive axles
20 axles
21 feet 2 axles 3 axles 4 axles 5 axles 6 axles
22 4 34,000
23 5 34,000
24 6 34,000
25 7 34,000
26 8 38,000* 42,000
27 9 39,000 42,500
28 10 40,000 43,500
29 11 44,000
30 12 45,000 50,000
31 13 45,500 50,500
32 14 46,500 51,500
33 15 47,000 52,000
34 16 48,000 52,500 58,000
-102- LRB9000475NTsbB
1 17 48,500 53,500 58,500
2 18 49,500 54,000 59,000
3 19 50,000 54,500 60,000
4 20 51,000 55,500 60,500 66,000
5 21 51,500 56,000 61,000 66,500
6 22 52,500 56,500 61,500 67,000
7 23 53,000 57,500 62,500 68,000
8 24 54,000 58,000 63,000 68,500
9 25 54,500 58,500 63,500 69,000
10 26 55,500 59,500 64,000 69,500
11 27 56,000 60,000 65,000 70,000
12 28 57,000 60,500 65,500 71,000
13 29 57,500 61,500 66,000 71,500
14 30 58,500 62,000 66,500 72,000
15 31 59,000 62,500 67,500 72,500
16 32 60,000 63,500 68,000 73,000
17 33 64,000 68,500 74,000
18 34 64,500 69,000 74,500
19 35 65,500 70,000 75,000
20 36 66,000 70,500 75,500
21 37 66,500 71,000 76,000
22 38 67,500 72,000 77,000
23 39 68,000 72,500 77,500
24 40 68,500 73,000 78,000
25 41 69,500 73,500 78,500
26 42 70,000 74,000 79,000
27 43 70,500 75,000 80,000
28 44 71,500 75,500
29 45 72,000 76,000
30 46 72,500 76,500
31 47 73,500 77,500
32 48 74,000 78,000
33 49 74,500 78,500
34 50 75,500 79,000
-103- LRB9000475NTsbB
1 51 76,000 80,000
2 52 76,500
3 53 77,500
4 54 78,000
5 55 78,500
6 56 79,500
7 57 80,000
8 *If the distance between 2 axles is 96 inches or less, the 2
9 axles are tandem axles and the maximum load permitted is
10 34,000 pounds, notwithstanding the higher limit resulting
11 from the application of the formula.
12 In applying the above formula to a vehicle having more
13 than 4 axles that is not a combination, only 4 axles shall be
14 considered in determining the maximum gross weight, and for a
15 combination of vehicles having more than 6 axles, only 6
16 axles shall be considered in determining the maximum gross
17 weight.
18 Notwithstanding the above table, 2 consecutive sets of
19 tandem axles may carry a gross weight of 34,000 pounds each
20 if the overall distance between the first and last axles of
21 the consecutive sets of tandem axles is 36 feet or more.
22 Local authorities and road district highway
23 commissioners, with respect to streets and highways under
24 their jurisdiction, without additional fees, may also by
25 ordinance or resolution allow the weight limitations of this
26 subsection, provided the maximum gross weight on any one axle
27 shall not exceed 20,000 pounds and the maximum gross weight
28 on any tandem axle shall not exceed 34,000 pounds, on
29 designated highways when appropriate regulatory signs giving
30 notice are erected upon the street or highway or portion of
31 any street or highway affected by the ordinance or
32 resolution.
33 Combinations of vehicles, registered as Special Hauling
34 Vehicles that include a semitrailer manufactured prior to or
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1 in the model year of 2004, and first registered in Illinois
2 prior to January 1, 2005, having 5 axles with a distance of
3 42 feet or less between extreme axles shall be limited to the
4 weights prescribed in subsections (a) and (b) of this Section
5 and not subject to the bridge formula on the National System
6 of Interstate and Defense Highways and other highways in the
7 system of State highways designated by the Department. For
8 all those combinations of vehicles, that include a
9 semitrailer manufactured after the effective date of this
10 amendatory Act of 1986, the overall distance between the
11 first and last axles of the 2 sets of tandems must be 18 feet
12 6 inches or more. All combinations of vehicles registered as
13 Special Hauling Vehicles that include a semitrailer
14 manufactured prior to or in the model year of 2004 or
15 thereafter or first registered in Illinois after December 31,
16 2004, or that has had its cargo container replaced in its
17 entirety after December 31, 2004, are limited to the gross
18 weight allowed by the above formula.
19 A truck not in combination, equipped with a self
20 compactor or an industrial roll-off hoist and roll-off
21 container, used exclusively for garbage or refuse operations,
22 shall be allowed the weights as prescribed in subsections (a)
23 and (b) of this Section and not subject to the bridge
24 formula, provided they are not operated on a highway that is
25 part of the Interstate and Defense Highway System.
26 Vehicles operating under this subsection shall have
27 access for a distance of one highway mile to or from a Class
28 I highway on any street or highway, unless there is a sign
29 prohibiting the access, or 5 highway miles to or from either
30 a Class I, II, or III highway on a street or highway included
31 in the system of State highways and upon any street or
32 highway designated by local authorities or road district
33 commissioners to points of loading and unloading and to
34 facilities for food, fuel, repairs and rest.
-105- LRB9000475NTsbB
1 Section 5-35 of the Illinois Administrative Procedure Act
2 relating to procedures for rulemaking shall not apply to the
3 designation of highways under this subsection.
4 (g) No person shall operate a vehicle or combination of
5 vehicles over a bridge or other elevated structure
6 constituting part of a highway with a gross weight that is
7 greater than the maximum weight permitted by the Department,
8 when the structure is sign posted as provided in this
9 Section.
10 (h) The Department upon request from any local authority
11 shall, or upon its own initiative may, conduct an
12 investigation of any bridge or other elevated structure
13 constituting a part of a highway, and if it finds that the
14 structure cannot with safety to itself withstand the weight
15 of vehicles otherwise permissible under this Code the
16 Department shall determine and declare the maximum weight of
17 vehicles that the structures can withstand, and shall cause
18 or permit suitable signs stating maximum weight to be erected
19 and maintained before each end of the structure. No person
20 shall operate a vehicle or combination of vehicles over any
21 structure with a gross weight that is greater than the posted
22 maximum weight.
23 (i) Upon the trial of any person charged with a
24 violation of subsections (g) or (h) of this Section, proof of
25 the determination of the maximum allowable weight by the
26 Department and the existence of the signs, constitutes
27 conclusive evidence of the maximum weight that can be
28 maintained with safety to the bridge or structure.
29 (Source: P.A. 88-45; 88-385; 88-403; 88-476; 88-670, eff.
30 12-2-94; 89-117, eff. 7-7-95; 89-433, eff. 12-15-95.)
31 (625 ILCS 5/15-301) (from Ch. 95 1/2, par. 15-301)
32 Sec. 15-301. Permits for excess size and weight.
33 (a) The Department with respect to highways under its
-106- LRB9000475NTsbB
1 jurisdiction and local authorities with respect to highways
2 under their jurisdiction may, in their discretion, upon
3 application and good cause being shown therefor, issue a
4 special permit authorizing the applicant to operate or move a
5 vehicle or combination of vehicles of a size or weight of
6 vehicle or load exceeding the maximum specified in this Act
7 or otherwise not in conformity with this Act upon any highway
8 under the jurisdiction of the party granting such permit and
9 for the maintenance of which the party is responsible.
10 Applications and permits other than those in written or
11 printed form may only be accepted from and issued to the
12 company or individual making the movement. Except for an
13 application to move directly across a highway, it shall be
14 the duty of the applicant to establish in the application
15 that the load to be moved by such vehicle or combination is
16 composed of a single nondivisible object that cannot
17 reasonably be dismantled or disassembled. More than one
18 object may be carried under permit as long as the carriage of
19 the additional object or objects does not cause the size or
20 weight of the vehicle or load to exceed beyond that required
21 for carriage of the single, nondivisible indivisible object
22 itself. For the purpose of over length movements, more than
23 one object may be carried side by side as long as the height,
24 width, and weight laws are not exceeded and the cause for the
25 over length is not due to multiple objects. For the purpose
26 of over height movements, more than one object may be carried
27 as long as the cause for the over height is not due to
28 multiple objects and the length, width, and weight laws are
29 not exceeded. For the purpose of an over width movement,
30 more than one object may be carried as long as the cause for
31 the over width is not due to multiple objects and length,
32 height, and weight laws are not exceeded. No state or local
33 agency shall authorize the issuance of excess size or weight
34 permits for vehicles and loads that are divisible and that
-107- LRB9000475NTsbB
1 can be carried, when divided, within the existing size or
2 weight maximums specified in this Chapter. Any excess size
3 or weight permit issued in violation of the provisions of
4 this Section shall be void at issue and any movement made
5 thereunder shall not be authorized under the terms of the
6 void permit. In any prosecution for a violation of this
7 Chapter when the authorization of an excess size or weight
8 permit is at issue, it is the burden of the defendant to
9 establish that the permit was valid because the load to be
10 moved could not reasonably be dismantled or disassembled, or
11 was otherwise nondivisible indivisible.
12 (b) The application for any such permit shall: (1) state
13 whether such permit is requested for a single trip or for
14 limited continuous operation; (2) state if the applicant is
15 an authorized carrier under the Illinois Motor Carrier of
16 Property Law, if so, his certificate, registration or permit
17 number issued by the Illinois Commerce Commission; (3)
18 specifically describe and identify the vehicle or vehicles
19 and load to be operated or moved except that for vehicles or
20 vehicle combinations registered by the Department as provided
21 in Section 15-319 of this Chapter, only the Illinois
22 Department of Transportation's (IDT) registration number or
23 classification need be given; (4) state the routing requested
24 including the points of origin and destination, and may
25 identify and include a request for routing to the nearest
26 certified scale in accordance with the Department's rules and
27 regulations, provided the applicant has approval to travel on
28 local roads; and (5) state if the vehicles or loads are being
29 transported for hire. No permits for the movement of a
30 vehicle or load for hire shall be issued to any applicant who
31 is required under the Illinois Motor Carrier of Property Law
32 to have a certificate, registration or permit and does not
33 have such certificate, registration or permit.
34 (c) The Department or local authority when not
-108- LRB9000475NTsbB
1 inconsistent with traffic safety is authorized to issue or
2 withhold such permit at its discretion; or, if such permit is
3 issued at its discretion to prescribe the route or routes to
4 be traveled, to limit the number of trips, to establish
5 seasonal or other time limitations within which the vehicles
6 described may be operated on the highways indicated, or
7 otherwise to limit or prescribe conditions of operations of
8 such vehicle or vehicles, when necessary to assure against
9 undue damage to the road foundations, surfaces or structures,
10 and may require such undertaking or other security as may be
11 deemed necessary to compensate for any injury to any roadway
12 or road structure. The Department shall maintain a daily
13 record of each permit issued along with the fee and the
14 stipulated dimensions, weights, conditions and restrictions
15 authorized and this record shall be presumed correct in any
16 case of questions or dispute. The Department shall install an
17 automatic device for recording applications received and
18 permits issued by telephone. In making application by
19 telephone, the Department and applicant waive all objections
20 to the recording of the conversation.
21 (d) The Department shall, upon application in writing
22 from any local authority, issue a semi-annual permit
23 authorizing the local authority to move oversize highway
24 construction, transportation, utility and maintenance
25 equipment over roads under the jurisdiction of the
26 Department. The permit shall be applicable only to equipment
27 and vehicles owned by or registered in the name of the local
28 authority, and no fee shall be charged for the issuance of
29 such permits.
30 (e) As an exception to paragraph (a) of this Section,
31 the Department and local authorities, with respect to
32 highways under their respective jurisdictions, in their
33 discretion and upon application in writing may issue a
34 special permit for limited continuous operation, authorizing
-109- LRB9000475NTsbB
1 the applicant to move loads of sweet corn, soybeans, corn,
2 wheat, milo, other small grains and ensilage during the
3 harvest season only on a 2 axle single vehicle registered by
4 the Secretary of State with axle loads not to exceed 35%
5 above those provided in Section 15-111. Permits may be issued
6 for a period not to exceed 40 days and moves may be made of a
7 distance not to exceed 25 miles from a field to a specified
8 processing plant over any highway except the National System
9 of Interstate and Defense Highways. All such vehicles shall
10 be operated in the daytime except when weather or crop
11 conditions require emergency operation at night, but with
12 respect to such night operation, every such vehicle with load
13 shall be equipped with flashing amber lights as specified
14 under Section 12-215. Upon a declaration by the Governor that
15 an emergency harvest situation exists, a special permit
16 issued by the Department under this Section shall not be
17 required from September 1 through December 31 during harvest
18 season emergencies, provided that the weight does not exceed
19 20% above the limits provided in Section 15-111. All other
20 restrictions that apply to permits issued under this Section
21 shall apply during the declared time period. With respect to
22 highways under the jurisdiction of local authorities, the
23 local authorities may, at their discretion, waive special
24 permit requirements during harvest season emergencies. This
25 permit exemption shall apply to all vehicles eligible to
26 obtain permits under this Section, including commercial
27 vehicles in use during the declared time period.
28 (f) The form and content of the permit shall be
29 determined by the Department with respect to highways under
30 its jurisdiction and by local authorities with respect to
31 highways under their jurisdiction. Every permit shall be in
32 written form and carried in the vehicle or combination of
33 vehicles to which it refers and shall be open to inspection
34 by any police officer or authorized agent of any authority
-110- LRB9000475NTsbB
1 granting the permit and no person shall violate any of the
2 terms or conditions of such special permit. Violation of the
3 terms and conditions of the permit shall not be deemed a
4 revocation of the permit; however, any vehicle and load found
5 to be off the route prescribed in the permit shall be held to
6 be operating without a permit. Any off route vehicle and
7 load shall be required to obtain a new permit or permits, as
8 necessary, to authorize the movement back onto the original
9 permit routing. No rule or regulation, nor anything herein
10 shall be construed to authorize any police officer, court, or
11 authorized agent of any authority granting the permit to
12 remove the permit from the possession of the permittee unless
13 the permittee is charged with a fraudulent permit violation
14 as provided in paragraph (i). However, upon arrest for an
15 offense of violation of permit, operating without a permit
16 when the vehicle is off route, or any size or weight offense
17 under this Chapter when the permittee plans to raise the
18 issuance of the permit as a defense, the permittee, or his
19 agent, must produce the permit at any court hearing
20 concerning the alleged offense.
21 If the permit designates and includes a routing to a
22 certified scale, the permitee, while enroute to the
23 designated scale, shall be deemed in compliance with the
24 weight provisions of the permit provided the axle or gross
25 weights do not exceed any of the permitted limits by more
26 than the following amounts:
27 Single axle 2000 pounds
28 Tandem axle 3000 pounds
29 Gross 5000 pounds
30 (g) The Department is authorized to adopt, amend, and to
31 make available to interested persons a policy concerning
32 reasonable rules, limitations and conditions or provisions of
33 operation upon highways under its jurisdiction in addition to
34 those contained in this Section for the movement by special
-111- LRB9000475NTsbB
1 permit of vehicles, combinations, or loads which cannot
2 reasonably be dismantled or disassembled, including
3 manufactured and modular home sections and portions thereof.
4 All rules, limitations and conditions or provisions adopted
5 in the policy shall have due regard for the safety of the
6 traveling public and the protection of the highway system and
7 shall have been promulgated in conformity with the provisions
8 of the Illinois Administrative Procedure Act. The
9 requirements of the policy for flagmen and escort vehicles
10 shall be the same for all moves of comparable size and
11 weight. When escort vehicles are required, they shall meet
12 the following requirements:
13 (1) All operators shall be 18 years of age or over
14 and properly licensed to operate the vehicle.
15 (2) Vehicles escorting oversized loads more than
16 12-feet wide must be equipped with a rotating or flashing
17 amber light mounted on top as specified under Section
18 12-215.
19 The Department shall establish reasonable rules and
20 regulations regarding liability insurance or self insurance
21 for vehicles with oversized loads promulgated under The
22 Illinois Administrative Procedure Act. Police vehicles may be
23 required for escort under circumstances as required by rules
24 and regulations of the Department.
25 (h) Violation of any rule, limitation or condition or
26 provision of any permit issued in accordance with the
27 provisions of this Section shall not render the entire permit
28 null and void but the violator shall be deemed guilty of
29 violation of permit and guilty of exceeding any size, weight
30 or load limitations in excess of those authorized by the
31 permit. The prescribed route or routes on the permit are not
32 mere rules, limitations, conditions, or provisions of the
33 permit, but are also the sole extent of the authorization
34 granted by the permit. If a vehicle and load are found to be
-112- LRB9000475NTsbB
1 off the route or routes prescribed by any permit authorizing
2 movement, the vehicle and load are operating without a
3 permit. Any off route movement shall be subject to the size
4 and weight maximums, under the applicable provisions of this
5 Chapter, as determined by the type or class highway upon
6 which the vehicle and load are being operated.
7 (i) Whenever any vehicle is operated or movement made
8 under a fraudulent permit the permit shall be void, and the
9 person, firm, or corporation to whom such permit was granted,
10 the driver of such vehicle in addition to the person who
11 issued such permit and any accessory, shall be guilty of
12 fraud and either one or all persons may be prosecuted for
13 such violation. Any person, firm, or corporation committing
14 such violation shall be guilty of a Class 4 felony and the
15 Department shall not issue permits to the person, firm or
16 corporation convicted of such violation for a period of one
17 year after the date of conviction. Penalties for violations
18 of this Section shall be in addition to any penalties imposed
19 for violation of other Sections of this Act.
20 (j) Whenever any vehicle is operated or movement made in
21 violation of a permit issued in accordance with this Section,
22 the person to whom such permit was granted, or the driver of
23 such vehicle, is guilty of such violation and either, but not
24 both, persons may be prosecuted for such violation as stated
25 in this subsection (j). Any person, firm or corporation
26 convicted of such violation shall be guilty of a petty
27 offense and shall be fined for the first offense, not less
28 than $50 nor more than $200 and, for the second offense by
29 the same person, firm or corporation within a period of one
30 year, not less than $200 nor more than $300 and, for the
31 third offense by the same person, firm or corporation within
32 a period of one year after the date of the first offense, not
33 less than $300 nor more than $500 and the Department shall
34 not issue permits to the person, firm or corporation
-113- LRB9000475NTsbB
1 convicted of a third offense during a period of one year
2 after the date of conviction for such third offense.
3 (k) Whenever any vehicle is operated on local roads
4 under permits for excess width or length issued by local
5 authorities, such vehicle may be moved upon a State highway
6 for a distance not to exceed one-half mile without a permit
7 for the purpose of crossing the State highway.
8 (l) Notwithstanding any other provision of this Section,
9 the Department, with respect to highways under its
10 jurisdiction, and local authorities, with respect to highways
11 under their jurisdiction, may at their discretion authorize
12 the movement of a vehicle in violation of any size or weight
13 requirement, or both, that would not ordinarily be eligible
14 for a permit, when there is a showing of extreme necessity
15 that the vehicle and load should be moved without unnecessary
16 delay.
17 For the purpose of this subsection, showing of extreme
18 necessity shall be limited to the following: shipments of
19 livestock, hazardous materials, liquid concrete being hauled
20 in a mobile cement mixer, or hot asphalt.
21 (m) Penalties for violations of this Section shall be in
22 addition to any penalties imposed for violating any other
23 Section of this Code.
24 (Source: P.A. 88-291; 88-476; 88-670, eff. 12-2-94.)
25 (625 ILCS 5/18b-101) (from Ch. 95 1/2, par. 18b-101)
26 Sec. 18b-101. Definitions. Unless the context otherwise
27 clearly requires, as used in this Chapter:
28 (1) "Commerce" means trade, commerce or transportation
29 within the State;
30 (2) "Commercial motor vehicle" means any self propelled
31 or towed vehicle used on public highways in interstate and
32 intrastate commerce to transport passengers or property when
33 the vehicle has a gross vehicle weight rating or gross
-114- LRB9000475NTsbB
1 combination weight rating of 10,001 or more pounds; or the
2 vehicle is designed to transport more than 15 passengers,
3 including the driver; or the vehicle is used in the
4 transportation of hazardous materials in a quantity requiring
5 placarding under the Illinois Hazardous Materials
6 Transportation Act. This definition shall not include farm
7 machinery, fertilizer spreaders, and other special
8 agricultural movement equipment described in Section 3-809
9 nor implements of husbandry as defined in Section 1-130;
10 (3) "Department" means the Illinois Department of
11 Transportation;
12 (4) "Employee" means Illinois Department of
13 Transportation employee;
14 (5) "Farm to market agricultural transportation" means
15 the operation of a motor vehicle controlled and operated by a
16 farmer who is a private motor carrier of property; who is
17 using the vehicle to transport agricultural products to or
18 from a farm operated by the farmer, or to transport farm
19 machinery or farm supplies to or from a farm operated by the
20 farmer; and who is not using the commercial vehicle to
21 transport hazardous materials of a type or quantity that
22 requires the vehicle to be placarded in accordance with the
23 Illinois Hazardous Materials Transportation Act;
24 (6) "Officer" means Illinois State Police Officer;
25 (7) "Person" means any natural person or individual,
26 governmental body, firm, association, partnership,
27 copartnership, joint venture, company, corporation, joint
28 stock company, trust, estate or any other legal entity or
29 their legal representative, agent or assigns;
30 (8) "Transportation" means the actual movement of
31 property or passengers by motor vehicle, together with
32 loading, unloading, and any other accessorial or ancillary
33 service provided by the carrier in connection with movement
34 by motor vehicle;
-115- LRB9000475NTsbB
1 (9) "Agricultural movements" means the operation of a
2 motor vehicle or combination of vehicles controlled and
3 operated by a private motor carrier of property that is using
4 the vehicle to transport nonhazardous or hazardous
5 agricultural crop production fertilizers or agricultural
6 chemicals from a local source of supply to farm or field, or
7 from one farm or field to another, or from farm or field back
8 to the local source of supply.
9 (Source: P.A. 86-611; 87-829.)
10 (625 ILCS 5/18b-102) (from Ch. 95 1/2, par. 18b-102)
11 Sec. 18b-102. Authority of Department. To the extent
12 necessary to administer this Chapter, the Department is
13 authorized to:
14 (a) Adopt by reference all or any portion of the Federal
15 Motor Carrier Safety Regulations of the United States
16 Department of Transportation, as they are now or hereafter
17 amended.
18 (b) Conduct investigations; make reports; issue
19 subpoenas; conduct hearings; require the production of
20 relevant documents, records and property; take depositions;
21 and, in conjunction with the Illinois State Police, conduct
22 directly or indirectly research, development, demonstrations
23 and training activities.
24 (c) Authorize any officer or Department employee to
25 enter upon, inspect and examine at reasonable times and in a
26 reasonable manner, the records and properties of persons to
27 the extent such records and properties relate to the
28 transportation by motor vehicle of persons or property.
29 (d) Conduct a continuing review of all aspects of the
30 transportation of persons and property by motor vehicle in
31 order to determine and recommend appropriate steps to assure
32 safe transportation by motor vehicle in Illinois.
33 (e) Administer and enforce the provisions of this
-116- LRB9000475NTsbB
1 Chapter and any rules and regulations issued under this
2 Chapter. Only the Illinois State Police shall be authorized
3 to stop and inspect any commercial motor vehicle or driver at
4 any time for the purpose of determining compliance with the
5 provisions of this Chapter or rules and regulations issued
6 under this Chapter.
7 (Source: P.A. 86-611; 87-829.)
8 (625 ILCS 5/18b-105) (from Ch. 95 1/2, par. 18b-105)
9 Sec. 18b-105. Rules and Regulations.
10 (a) The Department is authorized to make and adopt
11 reasonable rules and regulations and orders consistent with
12 law necessary to carry out the provisions of this Chapter.
13 (b) The following parts of Title 49 of the Code of
14 Federal Regulations, as now in effect, are hereby adopted by
15 reference as though they were set out in full:
16 Part 390-Federal Motor Carrier Safety Regulations:
17 General;
18 Part 391-Qualifications of Drivers;
19 Part 392-Driving of Motor Vehicles;
20 Part 393-Parts and Accessories Necessary for Safe
21 Operation;
22 Part 395-Hours of Service of Drivers; and
23 Part 396-Inspection, Repair and Maintenance.
24 (c) The following parts and Sections of the Federal
25 Motor Carrier Safety Regulations shall not apply to those
26 intrastate carriers, drivers or vehicles subject to
27 subsection (b).
28 (1) Section 393.93 of Part 393 for those vehicles
29 manufactured before June 30, 1972.
30 (2) Section 393.86 of Part 393 for those vehicles
31 which are registered as farm trucks under subsection (c)
32 of Section 3-815 of The Illinois Vehicle Code.
33 (3) Section 396.11 of Part 396.
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1 (4) Paragraphs (b) and (c) of Section 396.13 of
2 Part 396.
3 (5) Paragraph (b)(1) of Section 391.11 of Part 391.
4 (6) All of Part 395 for all agricultural movements
5 as defined in this Chapter 1, between the period of
6 February 15 through June 30 each year, and all farm to
7 market agricultural transportation as defined in this
8 Chapter 1 and for grain hauling operations within a
9 radius of 200 air miles of the normal work reporting
10 location.
11 (7) Paragraphs (b)(3) (insulin dependent diabetic)
12 and (b)(10) (minimum visual acuity) of Section 391.41 of
13 part 391, but only for any driver who immediately prior
14 to July 29, 1986 was eligible and licensed to operate a
15 motor vehicle subject to this Section and was engaged in
16 operating such vehicles, and who was disqualified on July
17 29, 1986 by the adoption of Part 391 by reason of the
18 application of paragraphs (b)(3) and (b)(10) of Section
19 391.41 with respect to a physical condition existing at
20 that time unless such driver has a record of accidents
21 which would indicate a lack of ability to operate a motor
22 vehicle in a safe manner.
23 (d) Intrastate carriers subject to the recording
24 provisions of Section 395.8 of Part 395 of the Federal Motor
25 Carrier Safety Regulations shall be exempt as established
26 under paragraph (1) of Section 395.8; provided, however, for
27 the purpose of this Code, drivers shall operate within a 150
28 air-mile radius of the normal work reporting location to
29 qualify for exempt status.
30 (e) Regulations adopted by the Department subsequent to
31 those adopted under subsection (b) hereof shall be identical
32 in substance to the Federal Motor Carrier Safety Regulations
33 of the United States Department of Transportation and adopted
34 in accordance with the procedures for rulemaking in Section
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1 5-35 of the Illinois Administrative Procedure Act.
2 (Source: P.A. 87-829; 88-45; 88-476.)
3 (625 ILCS 5/18b-111) (from Ch. 95 1/2, par. 18b-111)
4 Sec. 18b-111. Review Under Administrative Review Law.
5 All administrative decisions of the Department under this
6 Chapter shall be subject to judicial review under the
7 Administrative Review Law, as now or hereafter amended. The
8 term "administrative decision" is defined as in Section 3-101
9 of the Code of Civil Procedure.
10 (Source: P.A. 86-611.)
11 (625 ILCS 5/18c-5204) (from Ch. 95 1/2, par. 18c-5204)
12 Sec. 18c-5204. Investigation of Practices of Household
13 Goods Carriers. The Commission may, on its own motion or on
14 complaint, conduct an investigation to determine whether a
15 household goods carrier has, with or without the license
16 required under Sub-chapter 4 of this Chapter, engaged in a
17 pattern or practice of underestimating freight charges for
18 household goods shipments, or has otherwise violated
19 provisions of this Chapter, Commission regulations or orders,
20 and may invoke any or all sanctions provided for in Article
21 VII 7 of Sub-chapter 1 Chapter I of this Chapter against the
22 carrier if such a pattern or practice, or any other
23 violation, is found to have occurred.
24 (Source: P.A. 84-796.)
25 (625 ILCS 5/1-101.3 rep.)
26 (625 ILCS 5/1-104 rep.)
27 (625 ILCS 5/1-111 rep.)
28 (625 ILCS 5/1-123.1 rep.)
29 (625 ILCS 5/1-143 rep.)
30 (625 ILCS 5/1-144 rep.)
31 (625 ILCS 5/1-175 rep.)
-119- LRB9000475NTsbB
1 (625 ILCS 5/1-213 rep.)
2 (625 ILCS 5/1-218 rep.)
3 (625 ILCS 5/1-219 rep.)
4 (625 ILCS 5/1-221 rep.)
5 (625 ILCS 5/1-223 rep.)
6 (625 ILCS 5/3-900 rep.)
7 (625 ILCS 5/4-100 rep.)
8 (625 ILCS 5/7-302 rep.)
9 (625 ILCS 5/12-100 rep.)
10 (625 ILCS 5/12-500 rep.)
11 (625 ILCS 5/12-600 rep.)
12 (625 ILCS 5/12-800 rep.)
13 (625 ILCS 5/13-100 rep.)
14 (625 ILCS 5/15-100 rep.)
15 Section 20. The Illinois Vehicle Code is amended by
16 repealing Sections 1-101.3, 1-104, 1-111, 1-123.1, 1-143,
17 1-144, 1-175, 1-213, 1-218, 1-219, 1-221, 1-223, 3-900,
18 4-100, 7-302, 12-100, 12-500, 12-600, 12-800, 13-100, and
19 15-100.
-120- LRB9000475NTsbB
1 INDEX
2 Statutes amended in order of appearance
3 70 ILCS 1205/3-9 from Ch. 105, par. 3-9
4 415 ILCS 105/3 from Ch. 38, par. 86-3
5 625 ILCS 5/1-101.05 new
6 625 ILCS 5/1-101.1a new
7 625 ILCS 5/1-101.5 new
8 625 ILCS 5/1-101.6 new
9 625 ILCS 5/1-101.8, formerly 5/1-102.02
10 from Ch. 95 1/2, par. 1-102.02
11 625 ILCS 5/1-105.3 new
12 625 ILCS 5/1-105.6 new
13 625 ILCS 5/1-106.5 new
14 625 ILCS 5/1-111.1a, formerly 5/1-171.01
15 from Ch. 95 1/2, par. 1-171.01
16 625 ILCS 5/1-111.1b, formerly 5/1-110.1
17 from Ch. 95 1/2, par. 1-110.1
18 625 ILCS 5/1-111.1c, formerly 5/1-110a
19 from Ch. 95 1/2, par. 1-110a
20 625 ILCS 5/1-111.1d new
21 625 ILCS 5/1-111.2a new
22 625 ILCS 5/1-111.4 new
23 625 ILCS 5/1-111.5 new
24 625 ILCS 5/1-111.6 new
25 625 ILCS 5/1-111.7 new
26 625 ILCS 5/1-111.8, formerly 5/1-114
27 from Ch. 95 1/2, par. 1-114
28 625 ILCS 5/1-111.9, formerly 5/1-114.1
29 from Ch. 95 1/2, par. 1-114.1
30 625 ILCS 5/1-112.2 from Ch. 95 1/2, par. 1-112.2
31 625 ILCS 5/1-112.5, formerly 5/1-114.2
32 from Ch. 95 1/2, par. 1-114.2
33 625 ILCS 5/1-112.7 new
34 625 ILCS 5/1-115.05 new
-121- LRB9000475NTsbB
1 625 ILCS 5/1-115.07 new
2 625 ILCS 5/1-115.3 new
3 625 ILCS 5/1-115.5 new
4 625 ILCS 5/1-115.6 new
5 625 ILCS 5/1-115.8 new
6 625 ILCS 5/1-117.5 new
7 625 ILCS 5/1-119.3 new
8 625 ILCS 5/1-119.6 new
9 625 ILCS 5/1-120.5 new
10 625 ILCS 5/1-122.5, formerly 5/1-124
11 from Ch. 95 1/2, par. 1-124
12 625 ILCS 5/1-122.7 new
13 625 ILCS 5/1-123.3 new
14 625 ILCS 5/1-123.4 new
15 625 ILCS 5/1-123.5 new
16 625 ILCS 5/1-123.7 new
17 625 ILCS 5/1-124.5 new
18 625 ILCS 5/1-125.5 new
19 625 ILCS 5/1-125.7 new
20 625 ILCS 5/1-126.5 new
21 625 ILCS 5/1-133.05 new
22 625 ILCS 5/1-134.05 new
23 625 ILCS 5/1-136.5 new
24 625 ILCS 5/1-140.5 new
25 625 ILCS 1-142.05 new
26 625 ILCS 5/1-142.1a new
27 625 ILCS 5/1-142.1b new
28 625 ILCS 5/1-144.05 new
29 625 ILCS 1-145.001, formerly 5/1-148
30 from Ch. 95 1/2, par. 1-148
31 625 ILCS 5/1-148.3a new
32 625 ILCS 5/1-148.3b, formerly 5/1-148.1
33 from Ch. 95 1/2, par. 1-148.1
34 625 ILCS 5/148.6, formerly 5/1-151
-122- LRB9000475NTsbB
1 from Ch. 95 1/2, par. 1-151
2 625 ILCS 5/1-148.8 new
3 625 ILCS 5/1-154.5 new
4 625 ILCS 5/1-154.7 new
5 625 ILCS 5/1-155.5 new
6 625 ILCS 5/1-156.5 new
7 625 ILCS 5/1-158.5, formerly 5/1-300
8 from Ch. 95 1/2, par. 1-300
9 625 ILCS 5/1-159.5 new
10 625 ILCS 5/1-159.7 new
11 625 ILCS 5/1-162 from Ch. 95 1/2, par. 1-162
12 625 ILCS 5/1-162.5, formerly 5/1-164
13 from Ch. 95 1/2, par. 1-164
14 625 ILCS 5/1-164.5 new
15 625 ILCS 5/1-164.7 new
16 625 ILCS 5/1-168.05 new
17 625 ILCS 5/1-168.5 new
18 625 ILCS 5/1-169.5 new
19 625 ILCS 5/1-171.01a new
20 625 ILCS 5/1-171.01b new
21 625 ILCS 5/1-171.01c new
22 625 ILCS 5/1-171.3 new
23 625 ILCS 5/1-171.6, formerly 5/1-222
24 from Ch. 95 1/2, par. 1-222
25 625 ILCS 5/1-171.8, formerly 5/1-224
26 from Ch. 95 1/2, par. 1-224
27 625 ILCS 5/1-176.1 from Ch. 95 1/2, par. 1-176.1
28 625 ILCS 5/1-179.5 new
29 625 ILCS 5/1-180.5 new
30 625 ILCS 5/1-182.3 new
31 625 ILCS 5/1-182.6 new
32 625 ILCS 5/1-182.8 new
33 625 ILCS 5/1-183 from Ch. 95 1/2, par. 1-183
34 625 ILCS 5/1-186.5 new
-123- LRB9000475NTsbB
1 625 ILCS 5/1-187.001 new
2 625 ILCS 5/1-190.05 new
3 625 ILCS 5/1-197.5, formerly 5/1-203.1
4 from Ch. 95 1/2, par. 1-203.1
5 625 ILCS 5/1-202.5 new
6 625 ILCS 5/1-204.05 new
7 625 ILCS 5/1-204.3 new
8 625 ILCS 5/1-204.4 new
9 625 ILCS 5/1-204.6 new
10 625 ILCS 5/1-205.01 from Ch. 95 1/2, par. 1-205.01
11 625 ILCS 5/1-205.1 from Ch. 95 1/2, par. 1-205.1
12 625 ILCS 5/1-209.5 new
13 625 ILCS 5/1-212.5, formerly 5/1-211.1
14 from Ch. 95 1/2, par. 1-211.1
15 625 ILCS 5/1-213.4 new
16 625 ILCS 5/1-213.5 new
17 625 ILCS 5/1-214.8, formerly 5/1-214.1
18 from Ch. 95 1/2, par. 1
19 625 ILCS 5/1-218.5 new
20 625 ILCS 5/2-105 from Ch. 95 1/2, par. 2-105
21 625 ILCS 5/3-400 from Ch. 95 1/2, par. 3-400
22 625 ILCS 5/3-402 from Ch. 95 1/2, par. 3-402
23 625 ILCS 5/3-402.1 from Ch. 95 1/2, par. 3-402.1
24 625 ILCS 5/3-618 from Ch. 95 1/2, par. 3-618
25 625 ILCS 5/3-804.02 from Ch. 95 1/2, par. 3-804.02
26 625 ILCS 5/3-808 from Ch. 95 1/2, par. 3-808
27 625 ILCS 5/3-1001 from Ch. 95 1/2, par. 3-1001
28 625 ILCS 5/4-103 from Ch. 95 1/2, par. 4-103
29 625 ILCS 5/5-100 from Ch. 95 1/2, par. 5-100
30 625 ILCS 5/5-401.3 from Ch. 95 1/2, par. 5-401.3
31 625 ILCS 5/6-301.2 from Ch. 95 1/2, par. 6-301.2
32 625 ILCS 5/6-500 from Ch. 95 1/2, par. 6-500
33 625 ILCS 5/6-514 from Ch. 95 1/2, par. 6-514
34 625 ILCS 5/6-802 from Ch. 95 1/2, par. 6-802
-124- LRB9000475NTsbB
1 625 ILCS 5/6-901 from Ch. 95 1/2, par. 6-901
2 625 ILCS 5/7-100 from Ch. 95 1/2, par. 7-100
3 625 ILCS 5/7-102 from Ch. 95 1/2, par. 7-102
4 625 ILCS 5/7-305 from Ch. 95 1/2, par. 7-305
5 625 ILCS 5/7-501 from Ch. 95 1/2, par. 7-501
6 625 ILCS 5/11-100 from Ch. 95 1/2, par. 11-100
7 625 ILCS 5/11-401 from Ch. 95 1/2, par. 11-401
8 625 ILCS 5/11-416 from Ch. 95 1/2, par. 11-416
9 625 ILCS 5/11-1403.3 from Ch. 95 1/2, par. 11-1403.3
10 625 ILCS 5/11-1424 from Ch. 95 1/2, par. 11-1424
11 625 ILCS 5/12-603 from Ch. 95 1/2, par. 12-603
12 625 ILCS 5/12-605.1 from Ch. 95 1/2, par. 12-605.1
13 625 ILCS 5/12-605.2 from Ch. 95 1/2, par. 12-605.2
14 625 ILCS 5/12-607.1 from Ch. 95 1/2, par. 12-607.1
15 625 ILCS 5/12-714
16 625 ILCS 5/12-715
17 625 ILCS 5/12-902 from Ch. 95 1/2, par. 12-902
18 625 ILCS 5/13B-5
19 625 ILCS 5/15-107 from Ch. 95 1/2, par. 15-107
20 625 ILCS 5/15-111 from Ch. 95 1/2, par. 15-111
21 625 ILCS 5/15-301 from Ch. 95 1/2, par. 15-301
22 625 ILCS 5/18b-101 from Ch. 95 1/2, par. 18b-101
23 625 ILCS 5/18b-102 from Ch. 95 1/2, par. 18b-102
24 625 ILCS 5/18b-105 from Ch. 95 1/2, par. 18b-105
25 625 ILCS 5/18b-111 from Ch. 95 1/2, par. 18b-111
26 625 ILCS 5/18c-5204 from Ch. 95 1/2, par. 18c-5204
27 625 ILCS 5/1-101.3 rep.
28 625 ILCS 5/1-104 rep.
29 625 ILCS 5/1-111 rep.
30 625 ILCS 5/1-123.1 rep.
31 625 ILCS 5/1-143 rep.
32 625 ILCS 5/1-144 rep.
33 625 ILCS 5/1-175 rep.
34 625 ILCS 5/1-213 rep.
-125- LRB9000475NTsbB
1 625 ILCS 5/1-218 rep.
2 625 ILCS 5/1-219 rep.
3 625 ILCS 5/1-221 rep.
4 625 ILCS 5/1-223 rep.
5 625 ILCS 5/3-900 rep.
6 625 ILCS 5/4-100 rep.
7 625 ILCS 5/7-302 rep.
8 625 ILCS 5/12-100 rep.
9 625 ILCS 5/12-500 rep.
10 625 ILCS 5/12-600 rep.
11 625 ILCS 5/12-800 rep.
12 625 ILCS 5/13-100 rep.
13 625 ILCS 5/15-100 rep.