Public Act 93-0118
HB0044 Enrolled LRB093 02081 DRH 02085 b
AN ACT in relation to vehicles.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Vehicle Code is amended by
changing Section 6-305 as follows:
(625 ILCS 5/6-305) (from Ch. 95 1/2, par. 6-305)
Sec. 6-305. Renting motor vehicle to another.
(a) No person shall rent a motor vehicle to any other
person unless the latter person, or a driver designated by a
nondriver with disabilities and meeting any minimum age and
driver's record requirements that are uniformly applied by
the person renting a motor vehicle, is then duly licensed
hereunder or, in the case of a nonresident, then duly
licensed under the laws of the State or country of his
residence unless the State or country of his residence does
not require that a driver be licensed.
(b) No person shall rent a motor vehicle to another
until he has inspected the drivers license of the person to
whom the vehicle is to be rented, or by whom it is to be
driven, and compared and verified the signature thereon with
the signature of such person written in his presence unless,
in the case of a nonresident, the State or country wherein
the nonresident resides does not require that a driver be
licensed.
(c) No person shall rent a motorcycle to another unless
the latter person is then duly licensed hereunder as a
motorcycle operator, and in the case of a nonresident, then
duly licensed under the laws of the State or country of his
residence, unless the State or country of his residence does
not require that a driver be licensed.
(d) (Blank).
(e) (Blank).
(f) Any person who rents a motor vehicle to another
shall only advertise, quote, and charge a rental rate that
includes the entire amount except taxes and a mileage charge,
if any, which a renter must pay to hire or lease the vehicle
for the period of time to which the rental rate applies. The
person must provide, on the request of the renter, based on
the available information, an estimated total of the daily
rental rate, including all applicable taxes, fees, and other
charges, or an estimated total rental charge, based on the
return date of the vehicle noted on the rental agreement.
Further, if the rental agreement does not already provide an
estimated total rental charge, the following statement must
be included in the rental agreement:
"NOTICE: UNDER ILLINOIS LAW, YOU MAY REQUEST, BASED ON
AVAILABLE INFORMATION, AN ESTIMATED TOTAL DAILY RENTAL
RATE, INCLUDING TAXES, FEES, AND OTHER CHARGES, OR AN
ESTIMATED TOTAL RENTAL CHARGE, BASED ON THE VEHICLE
RETURN DATE NOTED ON THIS AGREEMENT."
Such person shall not charge in addition to the rental
rate, taxes, and mileage charge, if any, any fee which must
be paid by the renter as a condition of hiring or leasing the
vehicle, such as, but not limited to, required fuel or
airport surcharges, nor any fee for transporting the renter
to the location where the rented vehicle will be delivered to
the renter. In addition to the rental rate, taxes, and
mileage charge, if any, such person may charge for an item or
service provided in connection with a particular rental
transaction if the renter can avoid incurring the charge by
choosing not to obtain or utilize the optional item or
service. Items and services for which such person may impose
an additional charge include, but are not limited to,
optional insurance and accessories requested by the renter,
service charges incident to the renter's optional return of
the vehicle to a location other than the location where the
vehicle was hired or leased, and charges for refueling the
vehicle at the conclusion of the rental transaction in the
event the renter did not return the vehicle with as much fuel
as was in the fuel tank at the beginning of the rental.
(g) Every person renting a motor vehicle to another
shall keep a record of the registration number of the motor
vehicle so rented, the name and address of the person to whom
the vehicle is rented, the number of the license, if any, of
said latter person, and the date and place when and where the
license, if any, was issued. Such record shall be open to
inspection by any police officer or designated agent of the
Secretary of State.
(h) A person licensed as a new car dealer under Section
5-101 of this Code shall not be subject to the provisions of
this Section regarding the rental of private passenger motor
vehicles when providing, free of charge, temporary substitute
vehicles for customers to operate during a period when a
customer's vehicle, which is either leased or owned by that
customer, is being repaired, serviced, replaced or otherwise
made unavailable to the customer in accordance with an
agreement with the licensed new car dealer or vehicle
manufacturer, so long as the customer orally or in writing
is made aware that the temporary substitute vehicle will be
covered by his or her insurance policy and the customer shall
only be liable to the extent of any amount deductible from
such insurance coverage in accordance with the terms of the
policy.
(i) This Section, except the requirements of subsection
(g), also applies to rental agreements of 30 continuous days
or less involving a motor vehicle that was delivered by an
out of State person or business to a renter in this State.
(j) A public airport may, if approved by its local
government corporate authorities or its airport authority,
impose a customer facility charge upon customers of rental
car companies for the purposes of financing, designing,
constructing, operating, and maintaining consolidated car
rental facilities and common use transportation equipment and
facilities, which are used to transport the customer,
connecting consolidated car rental facilities with other
airport facilities.
Notwithstanding subsection (f) of this Section, the
customer facility charge shall be collected by the rental car
company as a separate charge, and clearly indicated as a
separate charge on the rental agreement and invoice. Facility
charges shall be immediately deposited into a trust account
for the benefit of the airport and remitted at the direction
of the airport, but not more often than once per month. The
charge shall be uniformly calculated on a per-contract or
per-day basis. Facility charges imposed by the airport may
not exceed the reasonable costs of financing, designing,
constructing, operating, and maintaining the consolidated car
rental facilities and common use transportation equipment and
facilities and may not be used for any other purpose.
Notwithstanding any other provision of law, the charges
collected under this Section are not subject to retailer
occupation, sales, use, or transaction taxes.
(k) When a rental car company states a rental rate in
any of its rate advertisements, its proprietary computer
reservation systems, or its in-person quotations intended to
apply to an airport rental, a company that collects from its
customers a customer facility charge for that rental under
subsection (j) shall do all of the following:
(1) Clearly and conspicuously disclose in any
radio, television, or other electronic media
advertisements the existence and amount of the charge if
the advertisement is intended for rentals at an airport
imposing the charge or, if the advertisement covers an
area with multiple airports with different charges, a
range of amounts of customer facility charges if the
advertisement is intended for rentals at an airport
imposing the charge.
(2) Clearly and conspicuously disclose in any print
rate advertising the existence and amount of the charge
if the advertisement is intended for rentals at an
airport imposing the charge or, if the print rate
advertisement covers an area with multiple airports with
different charges, a range of amounts of customer
facility charges if the advertisement is intended for
rentals at an airport imposing the charge.
(3) Clearly and conspicuously disclose the
existence and amount of the charge in any telephonic,
in-person, or computer-transmitted quotation from the
rental car company's proprietary computer reservation
system at the time of making an initial quotation of a
rental rate if the quotation is made by a rental car
company location at an airport imposing the charge and at
the time of making a reservation of a rental car if the
reservation is made by a rental car company location at
an airport imposing the charge.
(4) Clearly and conspicuously display the charge in
any proprietary computer-assisted reservation or
transaction directly between the rental car company and
the customer, shown or referenced on the same page on the
computer screen viewed by the customer as the displayed
rental rate and in a print size not smaller than the
print size of the rental rate.
(5) Clearly and conspicuously disclose and
separately identify the existence and amount of the
charge on its rental agreement.
(6) A rental car company that collects from its
customers a customer facility charge under subsection (j)
and engages in a practice which does not comply with
subsections (f), (j), and (k) commits an unlawful
practice within the meaning of the Consumer Fraud and
Deceptive Business Practices Act.
(Source: P.A. 92-426, eff. 1-1-02.)