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Public Act 095-0754
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| HB5907 Enrolled |
LRB095 14797 WGH 46339 b |
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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 7-201, 7-204, 7-212, and 11-406 as follows:
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(625 ILCS 5/7-201) (from Ch. 95 1/2, par. 7-201)
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Sec. 7-201. Application of Article II. The Administrator as |
soon as practicable after the receipt of the
report, required |
to be filed under Sections 11-406 and 11-410, of a motor
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vehicle accident occurring within this State and that has |
resulted in
bodily injury or death of any person or that damage |
to the property of
any one person in excess of $1,500 (or $500 |
if any of the vehicles involved in the accident is subject to |
Section 7-601 but is not covered by a liability insurance |
policy in accordance with Section 7-601) $500 was sustained, |
shall determine:
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1. Whether Section 7-202 of this Code requires the |
deposit of security by
or on behalf of any person who was |
the operator or owner of any motor
vehicle in any manner |
involved in the accident; and
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2. What amount of security shall be sufficient to |
satisfy any potential
judgment or judgments for money |
damages resulting from the accident as may
be recovered |
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against the operator or owner, which amount shall in no |
event
be less than $1,500 (or $500 if any of the vehicles |
involved in the accident is subject to Section 7-601 but is |
not covered by a liability insurance policy in accordance |
with Section 7-601) $500.
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(Source: P.A. 87-829.)
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(625 ILCS 5/7-204) (from Ch. 95 1/2, par. 7-204)
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Sec. 7-204. Form and amount of security - Definition.
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(A) Any security required to be deposited under this Act |
shall be in
the form as the Secretary of State may require by |
administrative rule, and
in the amounts as the
Administrator |
may determine to be sufficient to satisfy any judgment or
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judgments for damages against an operator or owner but in no |
case in excess
of the limits specified in Section 7-203 of this |
Act in reference to the
acceptable limits of a policy or bond |
nor for an amount less than $1,500 (or $500 if any of the |
vehicles involved in the accident is subject to Section 7-601 |
but is not covered by a liability insurance policy in |
accordance with Section 7-601) $500.
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(B) The person depositing security shall specify in writing |
the person
or persons on whose behalf the deposit is made and, |
while at any time the
deposit is in the custody of the |
Secretary of State or State Treasurer, the
person depositing it |
may, in writing, amend the specification of the person
or |
persons on whose behalf the deposit is made to include an |
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additional
person or persons; provided, however, that a single |
deposit of security
shall be applicable only on behalf of |
persons, required to furnish security
because of the same |
accident.
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(C) Within 10 days after any security required under the |
provisions of
this Article is deposited with the Secretary of |
State, the Secretary shall
send notice of the security deposit |
to the following, if known:
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1. To each owner and operator of any vehicle involved |
in the accident
that sustained damage in excess of $1,500 |
(or $500 if any of the vehicles involved in the accident is |
subject to Section 7-601 but is not covered by a liability |
insurance policy in accordance with Section 7-601) $500;
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2. To any person who sustained damage to personal or |
real property in
excess of $1,500 (or $500 if any of the |
vehicles involved in the accident is subject to Section |
7-601 but is not covered by a liability insurance policy in |
accordance with Section 7-601) $500;
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3. To any person who was injured as a result of the |
accident; and
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4. To the estate of any person killed as a result of |
the accident.
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(Source: P.A. 87-829.)
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(625 ILCS 5/7-212) (from Ch. 95 1/2, par. 7-212)
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Sec. 7-212. Authority of Administrator and Secretary of |
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State to decrease
amount of
security. The Administrator may |
reduce the amount of security ordered in any
case
within one |
year after the date of the accident, but in no event for an
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amount less than $1,500 (or $500 if any of the vehicles |
involved in the accident is subject to Section 7-601 but is not |
covered by a liability insurance policy in accordance with |
Section 7-601) $500, if, in the judgment of the Administrator |
the amount
ordered is excessive, or may revoke or rescind its |
order requiring the
deposit of security in any case within one |
year after the date of the
accident if, in the judgment of the |
Administrator, the provisions of
Sections 7-202 and 7-203 |
excuse or exempt the operator or owner from the
requirement of |
the deposit. In case the security originally ordered has
been |
deposited the excess of the reduced amount ordered shall be |
returned
to the depositor or his personal representative |
forthwith, notwithstanding
the provisions of Section 7-214. |
The Secretary of State likewise shall have
authority granted to |
the Administrator to reduce the amount of security
ordered by |
the Administrator.
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(Source: P.A. 87-829.)
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(625 ILCS 5/11-406) (from Ch. 95 1/2, par. 11-406)
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Sec. 11-406. Duty to report accident.
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(a) The driver of a vehicle that is in any manner involved |
in an
accident within this State, resulting in injury to or |
death of any
person, or in which damage to the property of any |
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one person, including
himself, in excess of $1,500 (or $500 if |
any of the vehicles involved in the accident is subject to |
Section 7-601 but is not covered by a liability insurance |
policy in accordance with Section 7-601) $500 is sustained, |
shall, as soon as possible but
not later than 10 days after the |
accident, forward a written report of
the accident to the |
Administrator.
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(b) Whenever a school bus is involved in an accident in |
this State,
caused by a collision, a sudden stop or otherwise, |
resulting in any
property damage, personal injury or death and |
whenever an accident
occurs within 50 feet of a school bus in |
this State resulting in
personal injury to or the death of any |
person while awaiting or
preparing to board the bus or |
immediately after exiting the bus, the
driver shall as soon as |
possible but not later than 10 days after the
accident, forward |
a written report to the Department of Transportation.
If a |
report is also required under Subsection (a) of this Section, |
that
report and the report required by this Subsection shall be |
submitted on
a single form.
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(c) The Administrator may require any driver, occupant or |
owner of a
vehicle involved in an accident of which report must |
be made as provided
in this Section or Section 11-410 of this |
Chapter to file supplemental
reports whenever the original |
report is insufficient in the opinion of
the Secretary of State |
or the Administrator, and may require witnesses
of the accident |
to submit written reports to the Administrator. The
report may |
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include photographs, charts, sketches, and graphs.
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(d) Should the Administrator learn through other reports of
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accidents required by law of the occurrence of an accident |
reportable
under this Article and the driver, owner, or witness |
has not reported as
required under Subsections (a), (b) or (c) |
of this Section or Section
11-410, within the time specified, |
the person is not relieved of the
responsibility and the |
Administrator shall notify the person by first
class mail |
directed to his last known address of his legal obligation.
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However, the notification is not a condition precedent to |
impose the
penalty for failure to report as provided in |
Subsection (e).
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(e) The Secretary of State shall suspend the driver's |
license or any
non-resident's driving privilege of any person |
who fails or neglects to
make report of a traffic accident as |
required or as required by
any other law of this State.
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(Source: P.A. 87-829.)
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