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90_HB0348
625 ILCS 5/12-606 from Ch. 95 1/2, par. 12-606
Amends the Illinois Vehicle Code to provide that the
Secretary of State may establish by administrative rule a
procedure that enables a tow-truck operator to be exempt from
the requirement to file an indemnity bond, insurance policy,
or other proof of insurance for garagekeepers liability
insurance. Effective immediately.
LRB9001480NTsbA
LRB9001480NTsbA
1 AN ACT to amend the Illinois Vehicle Code by changing
2 Section 12-606.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Vehicle Code is amended by
6 changing Section 12-606 as follows:
7 (625 ILCS 5/12-606) (from Ch. 95 1/2, par. 12-606)
8 Sec. 12-606. Tow-trucks; identification; equipment;
9 insurance.
10 (a) Every tow-truck, except those owned by governmental
11 agencies, shall have displayed on each side thereof, a sign
12 with letters not less than 2 inches in height, contrasting in
13 color to that of the background, stating the full legal name,
14 complete address (including street address and city), and
15 telephone number of the owner or operator thereof. This
16 information shall be permanently affixed to the sides of the
17 tow truck.
18 (b) Every tow-truck shall be equipped with:
19 (1) One or more brooms and shovels;
20 (2) One or more trash cans of at least 5 gallon
21 capacity; and
22 (3) One fire extinguisher. This extinguisher shall
23 be either:
24 (i) of the dry chemical or carbon dioxide type
25 with an aggregate rating of at least 4-B, C units,
26 and bearing the approval of a laboratory qualified
27 by the Division of Fire Prevention for this purpose;
28 or
29 (ii) One that meets the requirements of the
30 Federal Motor Carrier Safety Regulations of the
31 United States Department of Transportation for fire
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1 extinguishers on commercial motor vehicles.
2 (c) Every owner or operator and driver of a tow-truck
3 shall comply with Section 11-1413 of this Act and shall
4 remove or cause to be removed all glass and debris, except
5 any (i) hazardous substance as defined in Section 3.14 of the
6 Environmental Protection Act, (ii) hazardous waste as defined
7 in Section 3.15 of the Environmental Protection Act, and
8 (iii) medical samples or waste, including but not limited to
9 any blood samples, used syringes, other used medical
10 supplies, or any other potentially infectious medical waste
11 as defined in Section 3.84 of the Environmental Protection
12 Act, deposited upon any street or highway by the disabled
13 vehicle being serviced, and shall in addition, spread dirt or
14 sand or oil absorbent upon that portion of any street or
15 highway where oil or grease has been deposited by the
16 disabled vehicle being serviced.
17 (d) Every tow-truck operator shall in addition file an
18 indemnity bond, insurance policy, or other proof of insurance
19 in a form to be prescribed by the Secretary for:
20 garagekeepers liability insurance, in an amount no less than
21 a combined single limit of $500,000, and truck (auto)
22 liability insurance in an amount no less than a combined
23 single limit of $500,000, on hook coverage or garagekeepers
24 coverage in an amount of no less than $25,000 which shall
25 indemnify or insure the tow-truck operator for the following:
26 (1) Bodily injury or damage to the property of
27 others.
28 (2) Damage to any vehicle towed by the tower.
29 (3) In case of theft, loss of, or damage to any
30 vehicle stored, garagekeepers legal liability coverage in
31 an amount of no less than $25,000.
32 (4) In case of injury to or occupational illness of
33 the tow truck driver or helper, workers compensation
34 insurance meeting the minimum requirements of the
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1 Workers' Compensation Act.
2 However, the Secretary of State may establish by
3 administrative rule a procedure that enables a tow-truck
4 operator to be exempt from the requirement to file an
5 indemnity bond, insurance policy, or other proof of insurance
6 for garagekeepers liability insurance, as required by this
7 subsection.
8 Any such bond or policy shall be issued only by a bonding
9 or insuring firm authorized to do business as such in the
10 State of Illinois, and a certificate of such bond or policy
11 shall be carried in the cab of each tow-truck.
12 (e) The bond or policy required in subsection (d) shall
13 provide that the insurance carrier may cancel it by serving
14 previous notice, as required by Sections 143.14 and 143.16 of
15 the Illinois Insurance Code, in writing, either personally or
16 by registered mail, upon the owner or operator of the motor
17 vehicle and upon the Secretary of State. Whenever any such
18 bond or policy shall be so cancelled, the Secretary of State
19 shall mark the policy "Cancelled" and shall require such
20 owner or operator either to furnish a new bond or policy, in
21 accordance with this Act.
22 (Source: P.A. 88-415; 88-670, eff. 12-2-94; 89-433, eff.
23 12-15-95.)
24 Section 99. Effective date. This Act takes effect upon
25 becoming law.