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90_HB3197
625 ILCS 5/3-405 from Ch. 95 1/2, par. 3-405
625 ILCS 5/3-408 from Ch. 95 1/2, par. 3-408
625 ILCS 5/3-415 from Ch. 95 1/2, par. 3-415
625 ILCS 5/3-704 from Ch. 95 1/2, par. 3-704
Amends the Vehicle Code. Provides that every application
for registration or renewal of registration of a vehicle must
be accompanied by evidence of insurance coverage for the
vehicle as required under the "Mandatory Insurance"
provisions of the Code. Provides that if an application is
not accompanied by the required evidence of insurance
coverage, the Secretary of State shall send to the applicant
by regular first-class mail a written notice to submit the
required evidence of insurance coverage within 45 days.
Provides for denial or revocation of registration if evidence
of insurance coverage is not submitted.
LRB9009967DJcdA
LRB9009967DJcdA
1 AN ACT to amend the Illinois Vehicle Code by changing
2 Sections 3-405, 3-408, 3-415, and 3-704.
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 Sections 3-405, 3-408, 3-415, and 3-704 as follows:
7 (625 ILCS 5/3-405) (from Ch. 95 1/2, par. 3-405)
8 Sec. 3-405. Application for registration.
9 (a) Every owner of a vehicle subject to registration
10 under this Code shall make application to the Secretary of
11 State for the registration of such vehicle upon the
12 appropriate form or forms furnished by the Secretary. Every
13 such application shall bear the signature of the owner
14 written with pen and ink and contain:
15 1. The name, bona fide residence and mail address
16 of the owner or business address of the owner if a firm,
17 association or corporation. If the mailing address is a
18 post office box number, the address listed on the driver
19 license record may be used to verify residence.
20 2. A description of the vehicle, including such
21 information as is required in an application for a
22 certificate of title, determined under such standard
23 rating as may be prescribed by the Secretary.
24 3. Information, as may be required by the
25 Secretary, relating to the insurance policy for a motor
26 vehicle, including, but not limited to, the name of the
27 insurer which issued the policy.
28 4. Such further information as may reasonably be
29 required by the Secretary to enable him to determine
30 whether the vehicle is lawfully entitled to registration
31 and the owner entitled to a certificate of title.
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1 5. An affirmation by the applicant that all
2 information set forth is true and correct. If the
3 application is for the registration of a motor vehicle,
4 the applicant also shall affirm that the motor vehicle is
5 insured as required by this Code, that such insurance
6 will be maintained throughout the period for which the
7 motor vehicle shall be registered, and that neither the
8 owner, nor any person operating the motor vehicle with
9 the owner's permission, shall operate the motor vehicle
10 unless the required insurance is in effect. If the
11 person signing the affirmation is not the sole owner of
12 the vehicle, such person shall be deemed to have affirmed
13 on behalf of all the owners of the vehicle. If the
14 person signing the affirmation is not an owner of the
15 vehicle, such person shall be deemed to have affirmed on
16 behalf of the owner or owners of the vehicle. The lack of
17 signature on the application shall not in any manner
18 exempt the owner or owners from any provisions,
19 requirements or penalties of this Code.
20 (b) When such application refers to a new vehicle
21 purchased from a dealer the application shall be accompanied
22 by a Manufacturer's Statement of Origin from the dealer, and
23 a statement showing any lien retained by the dealer.
24 (c) Every application for registration of a vehicle shall
25 be accompanied by evidence of insurance coverage for the
26 vehicle as required under Section 7-602 of this Code.
27 (Source: P.A. 87-206; 88-315.)
28 (625 ILCS 5/3-408) (from Ch. 95 1/2, par. 3-408)
29 Sec. 3-408. Grounds for refusing registration or
30 certificate of title. The Secretary of State shall refuse
31 registration or any transfer of registration upon any of the
32 following grounds:
33 1. That the application contains any false or
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1 fraudulent statement or that the applicant has failed to
2 furnish required information or reasonable additional
3 information requested by the Secretary of State or that
4 the applicant is not entitled to the issuance of a
5 certificate of title or registration of the vehicle under
6 Chapter 3.;
7 2. That the Secretary of State has reasonable
8 ground to believe that the vehicle is a stolen or
9 embezzled vehicle or that the granting of registration
10 would constitute a fraud against the rightful owner or
11 other person having valid lien upon such vehicle.;
12 3. That the registration of the vehicle stands
13 suspended or revoked for any reason as provided in the
14 motor-vehicle laws of this State.;
15 4. That the required fee has not been paid.; or
16 5. (a) In the case of medical transport vehicles,
17 that the application does not contain a copy of a
18 completed Vehicle Inspection Report issued by the
19 Department of Transportation which certifies that the
20 vehicle has been determined to be in safe mechanical
21 condition by a safety test administered within the
22 preceding 6 months; and (b) in the case of medical
23 transport vehicles, other than vehicles owned or operated
24 by a unit of local government, proof of financial
25 responsibility.
26 6. In the case of an application for registration
27 of a vehicle or for renewal of a vehicle registration,
28 that the application was not accompanied by evidence of
29 insurance coverage for the vehicle as required under
30 subsection (c) of Section 3-405 or subsection (g) of
31 Section 3-415. If the application was not accompanied by
32 the required evidence of insurance coverage, the
33 Secretary of State shall send to the applicant by regular
34 first-class mail a written notice to submit the required
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1 evidence of insurance coverage to the Secretary of State
2 within 45 days after the date the notice was postmarked.
3 In the case of an application for renewal of a vehicle
4 registration, the notice shall include a warning that if
5 the applicant does not submit the required evidence of
6 insurance coverage to the Secretary of State within the
7 45-day period, the Secretary of State will revoke the
8 vehicle's registration pursuant to subsection (b) of
9 Section 3-704.
10 (Source: P.A. 82-949.)
11 (625 ILCS 5/3-415) (from Ch. 95 1/2, par. 3-415)
12 Sec. 3-415. Application for and renewal of registration.
13 (a) Calendar year. Application for renewal of a vehicle
14 registration shall be made by the owner, as to those vehicles
15 required to be registered on a calendar registration year,
16 not later than December 1 of each year, upon proper
17 application and by payment of the registration fee and tax
18 for such vehicle, as provided by law except that application
19 for renewal of a vehicle registration, as to those vehicles
20 required to be registered on a staggered calendar year basis,
21 shall be made by the owner in the form and manner prescribed
22 by the Secretary of State.
23 (b) Fiscal year. Application for renewal of a vehicle
24 registration shall be made by the owner, as to those vehicles
25 required to be registered on a fiscal registration year, not
26 later than June 1 of each year, upon proper application and
27 by payment of the registration fee and tax for such vehicle
28 as provided by law, except that application for renewal of a
29 vehicle registration, as to those vehicles required to be
30 registered on a staggered fiscal year basis, shall be made by
31 the owner in the form and manner prescribed by the Secretary
32 of State.
33 (c) Two calendar years. Application for renewal of a
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1 vehicle registration shall be made by the owner, as to those
2 vehicles required to be registered for 2 calendar years, not
3 later than December 1 of the year preceding commencement of
4 the 2-year registration period, except that application for
5 renewal of a vehicle registration, as to those vehicles
6 required to be registered for 2 years on a staggered
7 registration basis, shall be made by the owner in the form
8 and manner prescribed by the Secretary of State.
9 (d) Two fiscal years. Application for renewal of a
10 vehicle registration shall be made by the owner, as to those
11 vehicles required to be registered for 2 fiscal years, not
12 later than June 1 immediately preceding commencement of the
13 2-year registration period, except that application for
14 renewal of a vehicle registration, as to those vehicles
15 required to be registered for 2 fiscal years on a staggered
16 registration basis, shall be made by the owner in the form
17 and manner prescribed by the Secretary of State.
18 (e) Time of application. The Secretary of State may
19 receive applications for renewal of registration and grant
20 the same and issue new registration cards and plates or
21 registration stickers at any time prior to expiration of
22 registration. No person shall display upon a vehicle, the new
23 registration plates or registration stickers prior to the
24 dates the Secretary of State in his discretion may select.
25 (f) Verification. The Secretary of State may further
26 require, as to vehicles for-hire, that applications be
27 accompanied by verification that fees due under the Illinois
28 Motor Carrier of Property Law, as amended, have been paid.
29 (g) Evidence of insurance coverage. Every application
30 for renewal of a vehicle registration shall be accompanied by
31 evidence of insurance coverage for the vehicle as required
32 under Section 7-602 of this Code.
33 (Source: P.A. 80-230; 80-1185.)
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1 (625 ILCS 5/3-704) (from Ch. 95 1/2, par. 3-704)
2 Sec. 3-704. Authority of Secretary of State to suspend or
3 revoke a registration or certificate of title.
4 (a) The Secretary of State may suspend or revoke the
5 registration of a vehicle or a certificate of title,
6 registration card, registration sticker, registration plate,
7 person with disabilities parking decal or device, or any
8 nonresident or other permit in any of the following events:
9 1. When the Secretary of State is satisfied that
10 such registration or that such certificate, card, plate,
11 registration sticker or permit was fraudulently or
12 erroneously issued;
13 2. When a registered vehicle has been dismantled or
14 wrecked or is not properly equipped;
15 3. When the Secretary of State determines that any
16 required fees have not been paid to either the Secretary
17 of State or the Illinois Commerce Commission and the same
18 are not paid upon reasonable notice and demand;
19 4. When a registration card, registration plate,
20 registration sticker or permit is knowingly displayed
21 upon a vehicle other than the one for which issued;
22 5. When the Secretary of State determines that the
23 owner has committed any offense under this Chapter
24 involving the registration or the certificate, card,
25 plate, registration sticker or permit to be suspended or
26 revoked;
27 6. When the Secretary of State determines that a
28 vehicle registered not-for-hire is used or operated
29 for-hire unlawfully, or used or operated for purposes
30 other than those authorized;
31 7. When the Secretary of State determines that an
32 owner of a for-hire motor vehicle has failed to give
33 proof of financial responsibility as required by this
34 Act;
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1 8. When the Secretary determines that the vehicle
2 is not subject to or eligible for a registration;
3 9. When the Secretary determines that the owner of
4 a vehicle registered under the mileage weight tax option
5 fails to maintain the records specified by law, or fails
6 to file the reports required by law, or that such vehicle
7 is not equipped with an operable and operating
8 speedometer or odometer;
9 10. When the Secretary of State is so authorized
10 under any other provision of law; or
11 11. When the Secretary of State determines that the
12 holder of a person with disabilities parking decal or
13 device has committed any offense under Chapter 11 of this
14 Code involving the use of a person with disabilities
15 parking decal or device.
16 (b) The Secretary of State shall revoke the registration
17 of a vehicle and any registration card, registration plate,
18 and registration sticker applicable to the vehicle if an
19 applicant for renewal of the vehicle registration fails to
20 submit evidence of insurance coverage within 45 days after
21 being sent a notice to do so as provided in paragraph 6 of
22 Section 3-408.
23 (Source: P.A. 90-106, eff. 1-1-98.)