State of Illinois
90th General Assembly
Legislation

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90_HB2479

      625 ILCS 5/12-606         from Ch. 95 1/2, par. 12-606
          Amends the Illinois Vehicle Code to  exempt  a  tow-truck
      operator  who  does  not  own  or  operate  a garage from the
      requirement that  a  tow-truck  operator  have  garagekeepers
      legal liability coverage in an amount of no less than $25,000
      in  the  case  of  theft,  loss  of, or damage to any vehicle
      stored.
                                                     LRB9005898NTsb
                                               LRB9005898NTsb
 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
                            -2-                LRB9005898NTsb
 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,  except  when  the
32        tow-truck operator does not own or operate a garage.
33             (4)  In case of injury to or occupational illness of
34        the  tow  truck  driver  or  helper, workers compensation
                            -3-                LRB9005898NTsb
 1        insurance  meeting  the  minimum  requirements   of   the
 2        Workers' Compensation Act.
 3        Any such bond or policy shall be issued only by a bonding
 4    or  insuring  firm  authorized  to do business as such in the
 5    State of Illinois, and a certificate of such bond  or  policy
 6    shall be carried in the cab of each tow-truck.
 7        (e)  The  bond or policy required in subsection (d) shall
 8    provide that the insurance carrier may cancel it  by  serving
 9    previous notice, as required by Sections 143.14 and 143.16 of
10    the Illinois Insurance Code, in writing, either personally or
11    by  registered  mail, upon the owner or operator of the motor
12    vehicle and upon the Secretary of State.  Whenever  any  such
13    bond  or policy shall be so cancelled, the Secretary of State
14    shall mark the policy  "Cancelled"  and  shall  require  such
15    owner  or operator either to furnish a new bond or policy, in
16    accordance with this Act.
17    (Source: P.A. 88-415;  88-670,  eff.  12-2-94;  89-433,  eff.
18    12-15-95.)

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