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91_HB3916
LRB9109487DHcd
1 AN ACT to amend the Illinois Vehicle Code by changing
2 Section 6-305.
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 6-305 as follows:
7 (625 ILCS 5/6-305) (from Ch. 95 1/2, par. 6-305)
8 Sec. 6-305. Renting motor vehicle to another.
9 (a) No person shall rent a motor vehicle to any other
10 person unless the latter person, or a driver designated by a
11 nondriver with disabilities and meeting any minimum age and
12 driver's record requirements that are uniformly applied by
13 the person renting a motor vehicle, is then duly licensed
14 hereunder or, in the case of a nonresident, then duly
15 licensed under the laws of the State or country of his
16 residence unless the State or country of his residence does
17 not require that a driver be licensed.
18 (b) No person shall rent a motor vehicle to another
19 until he has inspected the drivers license of the person to
20 whom the vehicle is to be rented, or by whom it is to be
21 driven, and compared and verified the signature thereon with
22 the signature of such person written in his presence unless,
23 in the case of a nonresident, the State or country wherein
24 the nonresident resides does not require that a driver be
25 licensed.
26 (c) No person shall rent a motorcycle to another unless
27 the latter person is then duly licensed hereunder as a
28 motorcycle operator, and in the case of a nonresident, then
29 duly licensed under the laws of the State or country of his
30 residence, unless the State or country of his residence does
31 not require that a driver be licensed.
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1 (d) (Blank).
2 (e) (Blank).
3 (f) Any person who rents a motor vehicle to another
4 shall only advertise, quote, and charge a rental rate that
5 includes the entire amount except taxes, airport fees, and a
6 mileage charge, if any, which a renter must pay to hire or
7 lease the vehicle for the period of time to which the rental
8 rate applies. Such person shall not charge in addition to
9 the rental rate, taxes, airport fees, and mileage charge, if
10 any, any fee which must be paid by the renter as a condition
11 of hiring or leasing the vehicle, such as, but not limited
12 to, required fuel or airport surcharges, nor any fee for
13 transporting the renter to the location where the rented
14 vehicle will be delivered to the renter. In addition to the
15 rental rate, taxes, airport fees, and mileage charge, if any,
16 such person may charge for an item or service provided in
17 connection with a particular rental transaction if the renter
18 can avoid incurring the charge by choosing not to obtain or
19 utilize the optional item or service. Items and services for
20 which such person may impose an additional charge include,
21 but are not limited to, optional insurance and accessories
22 requested by the renter, service charges incident to the
23 renter's optional return of the vehicle to a location other
24 than the location where the vehicle was hired or leased, and
25 charges for refueling the vehicle at the conclusion of the
26 rental transaction in the event the renter did not return the
27 vehicle with as much fuel as was in the fuel tank at the
28 beginning of the rental.
29 (g) Every person renting a motor vehicle to another
30 shall keep a record of the registration number of the motor
31 vehicle so rented, the name and address of the person to whom
32 the vehicle is rented, the number of the license, if any, of
33 said latter person, and the date and place when and where the
34 license, if any, was issued. Such record shall be open to
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1 inspection by any police officer or designated agent of the
2 Secretary of State.
3 (h) A person licensed as a new car dealer under Section
4 5-101 of this Code shall not be subject to the provisions of
5 this Section regarding the rental of private passenger motor
6 vehicles when providing, free of charge, temporary substitute
7 vehicles for customers to operate during a period when a
8 customer's vehicle, which is either leased or owned by that
9 customer, is being repaired, serviced, replaced or otherwise
10 made unavailable to the customer in accordance with an
11 agreement with the licensed new car dealer or vehicle
12 manufacturer, so long as the customer orally or in writing
13 is made aware that the temporary substitute vehicle will be
14 covered by his or her insurance policy and the customer shall
15 only be liable to the extent of any amount deductible from
16 such insurance coverage in accordance with the terms of the
17 policy.
18 (i) This Section, except the requirements of subsection
19 (g), also applies to rental agreements of 30 continuous days
20 or less involving a motor vehicle that was delivered by an
21 out of State person or business to a renter in this State.
22 (Source: P.A. 89-248, eff. 8-4-95; 90-113, eff. 7-14-97.)