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| Public Act 094-0784 |
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AN ACT concerning transportation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Vehicle Code is amended by changing | ||||
Sections 4-203 and 5-301 as follows: | ||||
(625 ILCS 5/4-203) (from Ch. 95 1/2, par. 4-203)
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Sec. 4-203. Removal of motor vehicles or other vehicles; | ||||
Towing or
hauling away.
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(a) When a vehicle is abandoned, or left unattended, on a | ||||
toll
highway, interstate highway, or expressway for 2 hours or | ||||
more, its
removal by a towing service may be authorized by a | ||||
law enforcement
agency having jurisdiction.
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(b) When a vehicle is abandoned on a highway in an urban | ||||
district 10
hours or more, its removal by a towing service may | ||||
be authorized by a
law enforcement agency having jurisdiction.
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(c) When a vehicle is abandoned or left unattended on a | ||||
highway
other than a toll highway, interstate highway, or | ||||
expressway, outside of
an urban district for 24 hours or more, | ||||
its removal by a towing service
may be authorized by a law | ||||
enforcement agency having jurisdiction.
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(d) When an abandoned, unattended, wrecked, burned or | ||||
partially
dismantled vehicle is creating a traffic hazard | ||||
because of its position
in relation to the highway or its | ||||
physical appearance is causing the
impeding of traffic, its | ||||
immediate removal from the highway or private
property adjacent | ||||
to the highway by a towing service may be authorized
by a law | ||||
enforcement agency having jurisdiction.
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(e) Whenever a
peace officer reasonably believes that a | ||||
person under
arrest for a violation of Section 11-501 of this | ||||
Code or a similar
provision of a local ordinance is likely, | ||||
upon release, to commit a
subsequent violation of Section | ||||
11-501, or a similar provision of a local
ordinance, the | ||||
arresting officer shall have the vehicle which the person
was | ||
operating at the time of the arrest impounded for a period of | ||
not more
than 12 hours after the time of arrest. However, such | ||
vehicle may be
released by the arresting law enforcement agency | ||
prior to the end of the
impoundment period if:
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(1) the vehicle was not owned by the person under | ||
arrest, and the lawful
owner requesting such release | ||
possesses a valid operator's license, proof
of ownership, | ||
and would not, as determined by the arresting law | ||
enforcement
agency, indicate a lack of ability to operate a | ||
motor vehicle in a safe
manner, or who would otherwise, by | ||
operating such motor vehicle, be in
violation of this Code; | ||
or
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(2) the vehicle is owned by the person under arrest, | ||
and the person
under arrest gives permission to another | ||
person to operate such vehicle,
provided however, that the | ||
other person possesses a valid operator's license
and would | ||
not, as determined by the arresting law enforcement
agency, | ||
indicate a lack of ability to operate a motor vehicle in a | ||
safe
manner or who would otherwise, by operating such motor | ||
vehicle, be in
violation of this Code.
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(e-5) Whenever a registered owner of a vehicle is taken | ||
into custody for
operating the vehicle in violation of Section | ||
11-501 of this Code or a similar
provision of a local ordinance | ||
or Section 6-303 of this Code, a
law enforcement officer
may | ||
have the vehicle immediately impounded for a period not less | ||
than:
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(1) 24 hours for a second violation of Section 11-501 | ||
of this Code or a
similar provision of a local ordinance or | ||
Section 6-303
of
this Code or a combination of these | ||
offenses; or
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(2) 48 hours for a third violation of Section 11-501 of | ||
this Code or a
similar provision of a local ordinance or | ||
Section 6-303 of this
Code or a combination of these | ||
offenses.
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The vehicle may be released sooner if the vehicle is owned | ||
by the person
under arrest and the person under arrest gives | ||
permission to another person to
operate the vehicle and that | ||
other person possesses a valid operator's license
and would | ||
not, as determined by the arresting law enforcement agency, | ||
indicate
a lack of ability to operate a motor vehicle in a safe | ||
manner or would
otherwise, by operating the motor vehicle, be | ||
in violation of this Code.
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(f) Except as provided in Chapter 18a of this Code, the | ||
owner or
lessor of privately owned real property within this | ||
State, or any person
authorized by such owner or lessor, or any | ||
law enforcement agency in the
case of publicly owned real | ||
property may cause any motor vehicle abandoned
or left | ||
unattended upon such property without permission to be removed | ||
by a
towing service without liability for the costs of removal, | ||
transportation
or storage or damage caused by such removal, | ||
transportation or storage.
The towing or removal of any vehicle | ||
from private property without the
consent of the registered | ||
owner or other legally authorized person in
control of the | ||
vehicle is subject to compliance with the following
conditions | ||
and restrictions:
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1. Any towed or removed vehicle must be stored at the | ||
site of the towing
service's place of business. The site | ||
must be open during business hours,
and for the purpose of | ||
redemption of vehicles, during the time that the
person or | ||
firm towing such vehicle is open for towing purposes.
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2. The towing service shall within 30 minutes of | ||
completion of such
towing or removal, notify the law | ||
enforcement agency having jurisdiction of
such towing or | ||
removal, and the make, model, color and license plate | ||
number
of the vehicle, and shall obtain and record the name | ||
of the person at the law
enforcement agency to whom such | ||
information was reported.
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3. If the registered owner or legally authorized person | ||
entitled to
possession of the vehicle shall arrive at the | ||
scene prior to actual removal
or towing of the vehicle, the | ||
vehicle shall be disconnected from the tow
truck and that | ||
person shall be allowed to remove the vehicle without
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interference, upon the payment of a reasonable service fee | ||
of not more than
one half the posted rate of the towing | ||
service as provided in paragraph
6 of this subsection, for | ||
which a receipt shall be given.
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4. The rebate or payment of money or any other valuable | ||
consideration
from the towing service or its owners, | ||
managers or employees to the owners
or operators of the | ||
premises from which the vehicles are towed or removed,
for | ||
the privilege of removing or towing those vehicles, is | ||
prohibited. Any
individual who violates this paragraph | ||
shall be guilty of a Class A
misdemeanor.
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5. Except for property appurtenant to and obviously a | ||
part of a single
family residence, and except for instances | ||
where notice is personally given
to the owner or other | ||
legally authorized person in control of the vehicle
that | ||
the area in which that vehicle is parked is reserved or | ||
otherwise
unavailable to unauthorized vehicles and they | ||
are subject to being removed
at the owner or operator's | ||
expense, any property owner or lessor, prior to
towing or | ||
removing any vehicle from private property without the | ||
consent of
the owner or other legally authorized person in | ||
control of that vehicle,
must post a notice meeting the | ||
following requirements:
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a. Except as otherwise provided in subparagraph | ||
a.1 of this subdivision (f)5, the
The notice must be | ||
prominently placed at each driveway access or curb
cut | ||
allowing vehicular access to the property within 5 feet | ||
from the public
right-of-way line. If there are no | ||
curbs or access barriers, the sign must
be posted not | ||
less than one sign each 100 feet of lot frontage.
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a.1. In a municipality with a population of less | ||
than 250,000, as an alternative to the requirement of | ||
subparagraph a of this subdivision (f)5, the notice for | ||
a parking lot contained within property used solely for | ||
a 2-family, 3-family, or 4-family residence may be | ||
prominently placed at the perimeter of the parking lot, | ||
in a position where the notice is visible to the | ||
occupants of vehicles entering the lot.
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b. The notice must indicate clearly, in not less | ||
than 2 inch high
light-reflective letters on a | ||
contrasting background, that unauthorized
vehicles | ||
will be towed away at the owner's expense.
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c. The notice must also provide the name and | ||
current telephone
number of the towing service towing | ||
or removing the vehicle.
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d. The sign structure containing the required | ||
notices must be
permanently installed with the bottom | ||
of the sign not less than 4 feet
above ground level, | ||
and must be continuously maintained on the property for
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not less than 24 hours prior to the towing or removing | ||
of any vehicle.
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6. Any towing service that tows or removes vehicles and | ||
proposes to
require the owner, operator, or person in | ||
control of the vehicle to pay the
costs of towing and | ||
storage prior to redemption of the vehicle must file
and | ||
keep on record with the local law enforcement agency a | ||
complete copy of
the current rates to be charged for such | ||
services, and post at the storage
site an identical rate | ||
schedule and any written contracts with property
owners, | ||
lessors, or persons in control of property which authorize | ||
them to
remove vehicles as provided in this Section.
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7. No person shall engage in the removal of vehicles | ||
from private
property as described in this Section without | ||
filing a notice of intent
in each community where he | ||
intends to do such removal, and such
notice shall be filed | ||
at least 7 days before commencing such towing.
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8. No removal of a vehicle from private property shall | ||
be done except
upon express written instructions of the | ||
owners or persons in charge of the
private property upon | ||
which the vehicle is said to be trespassing.
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9. Vehicle entry for the purpose of removal shall be | ||
allowed with
reasonable care on the part of the person or | ||
firm towing the vehicle. Such
person or firm shall be | ||
liable for any damages occasioned to the vehicle if
such | ||
entry is not in accordance with the standards of reasonable | ||
care.
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10. When a vehicle has been towed or removed pursuant | ||
to this Section,
it must be released to its owner or | ||
custodian within one half hour after
requested, if such | ||
request is made during business hours. Any vehicle owner
or | ||
custodian or agent shall have the right to inspect the | ||
vehicle before
accepting its return, and no release or | ||
waiver of any kind which would
release the towing service | ||
from liability for damages incurred during the
towing and | ||
storage may be required from any vehicle owner or other | ||
legally
authorized person as a condition of release of the | ||
vehicle. A detailed,
signed receipt showing the legal name | ||
of the towing service must be given
to the person paying | ||
towing or storage charges at the time of payment,
whether | ||
requested or not.
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This Section shall not apply to law enforcement, | ||
firefighting, rescue,
ambulance, or other emergency vehicles | ||
which are marked as such or to
property owned by any | ||
governmental entity.
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When an authorized person improperly causes a motor vehicle | ||
to be
removed, such person shall be liable to the owner or | ||
lessee of the vehicle
for the cost or removal, transportation | ||
and storage, any damages resulting
from the removal, | ||
transportation and storage, attorney's fee and court costs.
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Any towing or storage charges accrued shall be payable by | ||
the use of any
major credit card, in addition to being payable | ||
in cash.
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11. Towing companies shall also provide insurance | ||
coverage for areas
where vehicles towed under the | ||
provisions of this Chapter will be impounded
or otherwise | ||
stored, and shall adequately cover loss by fire, theft or
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other risks.
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Any person who fails to comply with the conditions and | ||
restrictions of
this subsection shall be guilty of a Class C | ||
misdemeanor and shall be fined
not less than $100 nor more than | ||
$500.
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(g) When a vehicle is determined to be a hazardous | ||
dilapidated
motor
vehicle pursuant to Section 11-40-3.1 of the | ||
Illinois Municipal Code, its
removal and impoundment by a | ||
towing service may be authorized by a law
enforcement agency | ||
with appropriate jurisdiction.
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When a vehicle removal from either public or private | ||
property is
authorized by a law enforcement agency, the owner | ||
of the vehicle shall be
responsible for all towing and storage | ||
charges.
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Vehicles removed from public or private property and
stored | ||
by a commercial vehicle relocator or any other towing service | ||
in
compliance with this Section and Sections 4-201 and 4-202
of | ||
this Code, or at the request of the vehicle owner or operator,
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shall
be subject to a possessor lien for services
pursuant to | ||
the Labor and Storage Lien (Small Amount) Act. The provisions | ||
of Section 1 of that Act relating to notice
and implied consent | ||
shall be deemed satisfied by compliance with Section
18a-302 | ||
and subsection (6) of Section 18a-300. In no event shall such | ||
lien
be greater than the rate or rates established in | ||
accordance with subsection
(6) of Section 18a-200 of this Code. | ||
In no event shall such lien be
increased or altered to reflect | ||
any charge for services or materials
rendered in addition to | ||
those authorized by this Act. Every such lien
shall be payable | ||
by use of any major credit card, in addition to being
payable | ||
in cash.
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Any personal property belonging to the vehicle owner in a | ||
vehicle subject to a lien under this
subsection
(g) shall | ||
likewise be subject to that lien, excepting only:
food; | ||
medicine; perishable property; any operator's licenses; any | ||
cash, credit
cards, or checks or checkbooks; and any wallet, | ||
purse, or other property
containing any operator's license or | ||
other identifying documents or materials,
cash, credit cards, | ||
checks, or checkbooks.
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No lien under this subsection (g) shall:
exceed $2,000 in | ||
its total amount; or
be increased or altered to reflect any | ||
charge for services or
materials rendered in addition to those | ||
authorized by this Act.
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(Source: P.A. 94-522, eff. 8-10-05.)
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(625 ILCS 5/5-301) (from Ch. 95 1/2, par. 5-301)
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Sec. 5-301. Automotive parts recyclers, scrap processors, | ||
repairers and
rebuilders must be licensed.
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(a) No person in this State shall, except as an incident to
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the servicing of vehicles, carry on or conduct the business
of | ||
a automotive parts recyclers, a scrap processor, a repairer,
or | ||
a rebuilder, unless licensed to do so in writing by the | ||
Secretary of
State under this Section. No person shall rebuild | ||
a salvage vehicle
unless such person is licensed as a rebuilder | ||
by the Secretary of State
under this Section. Each license | ||
shall be applied for and issued
separately, except that a | ||
license issued to a new vehicle dealer under
Section 5-101 of | ||
this Code shall also be deemed to be a repairer license.
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(b) Any application filed with the Secretary of State, | ||
shall be duly
verified by oath, in such form as the Secretary | ||
of State may by rule or
regulation prescribe and shall contain:
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1. The name and type of business organization of the | ||
applicant and
his principal or additional places of | ||
business, if any, in this State.
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2. The kind or kinds of business enumerated in | ||
subsection (a) of
this Section to be conducted at each | ||
location.
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3. If the applicant is a corporation, a list of its | ||
officers,
directors, and shareholders having a ten percent | ||
or greater ownership
interest in the corporation, setting | ||
forth the residence address of each;
if the applicant is a | ||
sole proprietorship, a partnership, an unincorporated
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association, a trust, or any similar form of business | ||
organization, the
names and residence address of the | ||
proprietor or of each partner, member,
officer, director, | ||
trustee or manager.
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4. A statement that the applicant's officers, | ||
directors, shareholders
having a ten percent or greater | ||
ownership interest therein, proprietor,
partner, member, | ||
officer, director, trustee, manager, or other principals
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in the business have not committed in the past three years | ||
any one
violation as determined in any civil or criminal or | ||
administrative
proceedings of any one of the following | ||
Acts:
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(a) The Anti Theft Laws of the Illinois Vehicle | ||
Code;
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(b) The "Certificate of Title Laws" of the Illinois | ||
Vehicle Code;
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(c) The "Offenses against Registration and | ||
Certificates of Title Laws"
of the Illinois Vehicle | ||
Code;
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(d) The "Dealers, Transporters, Wreckers and | ||
Rebuilders Laws" of the
Illinois Vehicle Code;
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(e) Section 21-2 of the Criminal Code of 1961, | ||
Criminal Trespass to
Vehicles; or
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(f) The Retailers Occupation Tax Act.
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5. A statement that the applicant's officers, | ||
directors, shareholders
having a ten percent or greater | ||
ownership interest therein, proprietor,
partner, member, | ||
officer, director, trustee, manager or other principals
in | ||
the business have not committed in any calendar year 3 or | ||
more
violations, as determined in any civil or criminal or | ||
administrative
proceedings, of any one or more of the | ||
following Acts:
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(a) The Consumer Finance Act;
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(b) The Consumer Installment Loan Act;
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(c) The Retail Installment Sales Act;
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(d) The Motor Vehicle Retail Installment Sales | ||
Act;
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(e) The Interest Act;
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(f) The Illinois Wage Assignment Act;
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(g) Part 8 of Article XII of the Code of Civil | ||
Procedure; or
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(h) The Consumer Fraud Act.
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6. An application for a license shall be accompanied by | ||
the
following fees:
$50 for applicant's established place | ||
of business;
$25 for each
additional place of business, if | ||
any, to which the application pertains;
provided, however, | ||
that if such an application is made after June 15 of
any | ||
year, the license fee shall be $25 for applicant's | ||
established
place
of business plus $12.50 for each | ||
additional place of business, if
any,
to which the | ||
application pertains. License fees shall be returnable | ||
only
in the event that such application shall be denied by | ||
the Secretary of
State.
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7. A statement that the applicant understands Chapter 1 | ||
through
Chapter 5 of this Code.
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8. A statement that the applicant shall comply with
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subsection (e)
of this Section.
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(c) Any change which renders no longer accurate any | ||
information
contained in any application for a license filed | ||
with the Secretary of
State shall be amended within 30 days | ||
after the occurrence of such
change on such form as the | ||
Secretary of State may prescribe by rule or
regulation, | ||
accompanied by an amendatory fee of $2.
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(d) Anything in this chapter to the contrary, | ||
notwithstanding, no
person shall be licensed under this Section | ||
unless such person shall
maintain an established place of | ||
business as defined in this Chapter.
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(e) The Secretary of State shall within a reasonable time | ||
after
receipt thereof, examine an application submitted to him | ||
under this
Section and unless he makes a determination that the | ||
application
submitted to him does not conform with the | ||
requirements of this Section
or that grounds exist for a denial | ||
of the application, as prescribed in
Section 5-501 of this | ||
Chapter, grant the applicant an original license
as applied for | ||
in writing for his established place of business and a
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supplemental license in writing for each additional place of
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business in such form as he may prescribe by rule or regulation | ||
which shall
include the following:
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1. The name of the person licensed;
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2. If a corporation, the name and address of its | ||
officers or if a
sole proprietorship, a partnership, an | ||
unincorporated association or any
similar form of business | ||
organization, the name and address of the
proprietor or of | ||
each partner, member, officer, director, trustee or | ||
manager;
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3. A designation of the kind or kinds of business | ||
enumerated in
subsection (a) of this Section to be | ||
conducted at each location;
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4. In the case of an original license, the established | ||
place of
business of the licensee;
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5. In the case of a supplemental license, the | ||
established place of
business of the licensee and the | ||
additional place of business to which such
supplemental | ||
license pertains.
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(f) The appropriate instrument evidencing the license or a | ||
certified
copy thereof, provided by the Secretary of State | ||
shall be kept, posted,
conspicuously in the established place | ||
of business of the
licensee and in each additional place of | ||
business, if any, maintained by
such licensee. The licensee | ||
also shall post conspicuously in the
established place of | ||
business and in each additional place of business a
notice | ||
which states that such business is required to be licensed by | ||
the
Secretary of State under Section 5-301, and which provides | ||
the license
number of the business and the license expiration | ||
date. This notice also
shall advise the consumer that any | ||
complaints as to the quality of service
may be brought to the | ||
attention of the Attorney General. The information
required on | ||
this notice also shall be printed conspicuously on all
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estimates and receipts for work by the licensee subject to this | ||
Section.
The Secretary of State shall prescribe the specific | ||
format of this notice.
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(g) Except as provided in subsection (h) hereof, licenses | ||
granted
under this Section shall expire by operation of law on | ||
December 31 of
the calendar year for which they are granted | ||
unless sooner revoked or
cancelled under the provisions of | ||
Section 5-501 of this Chapter.
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(h) Any license granted under this Section may be renewed | ||
upon
application and payment of the fee required herein as in | ||
the case of an
original license, provided, however, that in | ||
case an application for the
renewal of an effective license is | ||
made during the month of December,
such effective license shall | ||
remain in force until such application is
granted or denied by | ||
the Secretary of State.
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(i) All automotive
repairers and
rebuilders shall, in | ||
addition to the requirements of subsections (a)
through
(h) of | ||
this Section, meet the following licensing requirements:
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1. Provide proof that the property on which first time
| ||
applicants plan to
do business is in compliance with local | ||
zoning laws and regulations, and
a listing of zoning | ||
classification;
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2. Provide proof that the applicant for a repairer's
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license complies
with the proper workers' compensation | ||
rate code or classification, and
listing the code of | ||
classification for that industry;
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3. Provide proof that the applicant for a rebuilder's
| ||
license complies
with the proper workers' compensation | ||
rate code or classification for the
repair industry or the | ||
auto parts recycling industry and listing the code
of | ||
classification;
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4. Provide proof that the applicant has obtained or
| ||
applied for a
hazardous waste generator number, and listing | ||
the actual number if
available or certificate of exemption;
| ||
5. Provide proof that applicant has proper liability
| ||
insurance, and
listing the name of the insurer and the | ||
policy number; and
| ||
6. Provide proof that the applicant has obtained or
| ||
applied for the proper
State sales tax classification and | ||
federal identification tax number, and
listing the actual | ||
numbers if available.
| ||
(i-1) All automotive repairers shall provide proof that | ||
they comply with all requirements of the Automotive Collision | ||
Repair Act.
| ||
(j) All automotive
parts
recyclers shall, in addition to | ||
the requirements of subsections (a) through
(h) of this | ||
Section, meet the following licensing requirements:
| ||
1. A statement that the applicant purchases 5 vehicles
| ||
per year or has 5
hulks or chassis in stock;
| ||
2. Provide proof that the property on which all first
| ||
time applicants will
do business does comply to the proper | ||
local zoning laws in existence, and
a listing of zoning | ||
classifications;
| ||
3. Provide proof that applicant complies with the
| ||
proper workers'
compensation rate code or classification, | ||
and listing the code of
classification; and
| ||
4. Provide proof that applicant has obtained or
applied | ||
for the proper
State sales tax classification and federal | ||
identification tax number, and
listing the actual numbers | ||
if available.
| ||
(Source: P.A. 89-189, eff. 1-1-96.)
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