Public Act 098-0777
 
SB3130 EnrolledLRB098 19548 MLW 54734 b

    AN ACT concerning transportation.
 
    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
Sections 1-147, 3-109, 3-412, 3-413, 3-600, 3-806, 3-806.1,
3-806.5, and 6-104 and by adding Section 1-104.2 as follows:
 
    (625 ILCS 5/1-104.2 new)
    Sec. 1-104.2. Autocycle. A 3-wheel motor vehicle that has a
steering wheel and seating that does not require the operator
to straddle or sit astride it.
 
    (625 ILCS 5/1-147)  (from Ch. 95 1/2, par. 1-147)
    Sec. 1-147. Motorcycle.
    Every motor vehicle having a seat or saddle for the use of
the rider and designed to travel on not more than 3 wheels in
contact with the ground, but excluding an autocycle or a
tractor.
(Source: P.A. 80-262.)
 
    (625 ILCS 5/3-109)  (from Ch. 95 1/2, par. 3-109)
    Sec. 3-109. Registration without certificate of title;
bond. If the Secretary of State is not satisfied as to the
ownership of the vehicle or that there are no undisclosed
security interests in it, the Secretary of State may register
the vehicle but shall either:
    (a) Withhold issuance of a certificate of title until the
applicant presents documents reasonably sufficient to satisfy
the Secretary of State as to the applicant's ownership of the
vehicle and that there are no undisclosed security interests in
it; or
    (b) As a condition of issuing a certificate of title,
require the applicant to file with the Secretary of State a
bond in the form prescribed by the Secretary of State and
executed by the applicant, and either accompanied by the
deposit of cash with the Secretary of State or also executed by
a person authorized to conduct a surety business in this State.
The bond shall be in an amount equal to one and one-half times
the value of the vehicle as determined by the Secretary of
State and conditioned to indemnify any prior owner and
lienholder and any subsequent purchaser of the vehicle or
person acquiring any security interest in it, and their
respective successors in interest, against any expense, loss or
damage, including reasonable attorney's fees, by reason of the
issuance of the certificate of title of the vehicle or on
account of any defect in or undisclosed security interest upon
the right, title and interest of the applicant in and to the
vehicle. Any such interested person has a right of action to
recover on the bond for any breach of its conditions, but the
aggregate liability of the surety to all persons shall not
exceed the amount of the bond. The bond, and any deposit
accompanying it, shall be returned at the end of three (3)
years or prior thereto if the vehicle is no longer registered
in this State and the currently valid certificate of title is
surrendered to the Secretary of State, unless the Secretary of
State has been notified of the pendency of an action to recover
on the bond; or .
    (b-5) Require the applicant to file with the Secretary of
State an application for a provisional title in the form
prescribed by the Secretary and executed by the applicant, and
accompanied by a $50 fee to be deposited in the
CDLIS/AAMVAnet/NMVTIS Trust Fund. The Secretary shall
designate by rule the documentation acceptable for an
individual to apply for a provisional title. A provisional
title shall be valid for 3 years and is nontransferable for the
3-year period. A provisional title shall be clearly marked and
otherwise distinguished from a certificate of title. Three
years after the issuance of a provisional title, the
provisional title holder shall apply for the appropriate
transferrable title in the applicant's name. If a claim of
ownership for the vehicle is brought against a holder of a
provisional title, then the provisional title holder shall
apply for a bond under subsection (b) of this Section for the
amount of time remaining on the provisional title. A
provisional title holder or an individual who asserts a claim
to the motor vehicle may petition a circuit court of competent
jurisdiction for an order to determine the ownership of the
vehicle. A provisional title shall not be available to
individuals or entities that rebuild, repair, store, or tow
vehicles or have a claim against the vehicle under the Labor
and Storage Lien Act or the Labor and Storage Lien (Small
Amount) Act.
    Security deposited as a bond hereunder shall be placed by
the Secretary of State in the custody of the State Treasurer.
    (c) During July, annually, the Secretary shall compile a
list of all bonds on deposit, pursuant to this Section, for
more than 3 years and concerning which he has received no
notice as to the pendency of any judicial proceeding that could
affect the disposition thereof. Thereupon, he shall promptly
send a notice by certified mail to the last known address of
each depositor advising him that his bond will be subject to
escheat to the State of Illinois if not claimed within 30 days
after the mailing date of such notice. At the expiration of
such time, the Secretary of State shall file with the State
Treasurer an order directing the transfer of such deposit to
the Road Fund in the State Treasury. Upon receipt of such
order, the State Treasurer shall make such transfer, after
converting to cash any other type of security. Thereafter any
person having a legal claim against such deposit may enforce it
by appropriate proceedings in the Court of Claims subject to
the limitations prescribed for such Court. At the expiration of
such limitation period such deposit shall escheat to the State
of Illinois.
(Source: P.A. 81-1458.)
 
    (625 ILCS 5/3-412)  (from Ch. 95 1/2, par. 3-412)
    Sec. 3-412. Registration plates and registration stickers
to be furnished by the Secretary of State.
    (a) The Secretary of State upon registering a vehicle
subject to annual registration for the first time shall issue
or shall cause to be issued to the owner one registration plate
for a motorcycle, trailer, semitrailer, moped, autocycle, or
truck-tractor, 2 registration plates for other motor vehicles
and, where applicable, current registration stickers for motor
vehicles of the first division. The provisions of this Section
may be made applicable to such vehicles of the second division,
as the Secretary of State may, from time to time, in his
discretion designate. On subsequent annual registrations
during the term of the registration plate as provided in
Section 3-414.1, the Secretary shall issue or cause to be
issued registration stickers as evidence of current
registration. However, the issuance of annual registration
stickers to vehicles registered under the provisions of
Sections 3-402.1 and 3-405.3 of this Code may not be required
if the Secretary deems the issuance unnecessary.
    (b) Every registration plate shall have displayed upon it
the registration number assigned to the vehicle for which it is
issued, the name of this State, which may be abbreviated, the
year number for which it was issued, which may be abbreviated,
the phrase "Land of Lincoln" (except as otherwise provided in
this Code), and such other letters or numbers as the Secretary
may prescribe. However, for apportionment plates issued to
vehicles registered under Section 3-402.1 and fleet plates
issued to vehicles registered under Section 3-405.3, the phrase
"Land of Lincoln" may be omitted to allow for the word
"apportioned", the word "fleet", or other similar language to
be displayed. Registration plates issued to a vehicle
registered as a fleet vehicle may display a designation
determined by the Secretary.
    The Secretary may in his discretion prescribe that letters
be used as prefixes only on registration plates issued to
vehicles of the first division which are registered under this
Code and only as suffixes on registration plates issued to
other vehicles. Every registration sticker issued as evidence
of current registration shall designate the year number for
which it is issued and such other letters or numbers as the
Secretary may prescribe and shall be of a contrasting color
with the registration plates and registration stickers of the
previous year.
    (c) Each registration plate and the required letters and
numerals thereon, except the year number for which issued,
shall be of sufficient size to be plainly readable from a
distance of 100 feet during daylight, and shall be coated with
reflectorizing material. The dimensions of the plate issued to
vehicles of the first division shall be 6 by 12 inches.
    (d) The Secretary of State shall issue for every passenger
motor vehicle rented without a driver the same type of
registration plates as the type of plates issued for a private
passenger vehicle.
    (e) The Secretary of State shall issue for every passenger
car used as a taxicab or livery, distinctive registration
plates.
    (f) The Secretary of State shall issue for every motorcycle
distinctive registration plates distinguishing between
motorcycles having 150 or more cubic centimeters piston
displacement, or having less than 150 cubic centimeter piston
displacement.
    (g) Registration plates issued to vehicles for-hire may
display a designation as determined by the Secretary that such
vehicles are for-hire.
    (h) (Blank).
    (i) The Secretary of State shall issue for every public and
private ambulance registration plates identifying the vehicle
as an ambulance. The Secretary shall forward to the Department
of Healthcare and Family Services registration information for
the purpose of verification of claims filed with the Department
by ambulance owners for payment for services to public
assistance recipients.
    (j) The Secretary of State shall issue for every public and
private medical carrier or rescue vehicle livery registration
plates displaying numbers within ranges of numbers reserved
respectively for medical carriers and rescue vehicles. The
Secretary shall forward to the Department of Healthcare and
Family Services registration information for the purpose of
verification of claims filed with the Department by owners of
medical carriers or rescue vehicles for payment for services to
public assistance recipients.
    (k) The Secretary of State shall issue distinctive license
plates or distinctive license plate stickers for every vehicle
exempted from subsections (a) and (a-5) of Section 12-503 by
subsection (g) of that Section, and by subsection (g-5) of that
Section before its deletion by this amendatory Act of the 95th
General Assembly. The Secretary shall issue these plates or
stickers immediately upon receiving the physician's
certification required under subsection (g) of Section 12-503.
New plates or stickers shall also be issued when the
certification is renewed as provided in that subsection.
    (l) The Secretary of State shall issue distinctive
registration plates for low-speed vehicles.
    (m) The Secretary of State shall issue distinctive
registration plates for autocycles. The dimensions of the plate
issued to autocycles shall be 4 by 7 inches.
(Source: P.A. 95-202, eff. 8-16-07; 95-331, eff. 8-21-07;
96-554, eff. 1-1-10; 96-653, eff. 1-1-10; 96-815, eff.
10-30-09; 96-1000, eff. 7-2-10.)
 
    (625 ILCS 5/3-413)  (from Ch. 95 1/2, par. 3-413)
    Sec. 3-413. Display of registration plates, registration
stickers, and drive-away permits; registration plate covers.
    (a) Registration plates issued for a motor vehicle other
than a motorcycle, autocycle, trailer, semitrailer,
truck-tractor, apportioned bus, or apportioned truck shall be
attached thereto, one in the front and one in the rear. The
registration plate issued for a motorcycle, autocycle, trailer
or semitrailer required to be registered hereunder and any
apportionment plate issued to a bus under the provisions of
this Code shall be attached to the rear thereof. The
registration plate issued for a truck-tractor or an apportioned
truck required to be registered hereunder shall be attached to
the front thereof.
    (b) Every registration plate shall at all times be securely
fastened in a horizontal position to the vehicle for which it
is issued so as to prevent the plate from swinging and at a
height of not less than 5 inches from the ground, measuring
from the bottom of such plate, in a place and position to be
clearly visible and shall be maintained in a condition to be
clearly legible, free from any materials that would obstruct
the visibility of the plate. A registration plate on a
motorcycle may be mounted vertically as long as it is otherwise
clearly visible. Registration stickers issued as evidence of
renewed annual registration shall be attached to registration
plates as required by the Secretary of State, and be clearly
visible at all times.
    (c) Every drive-away permit issued pursuant to this Code
shall be firmly attached to the motor vehicle in the manner
prescribed by the Secretary of State. If a drive-away permit is
affixed to a motor vehicle in any other manner the permit shall
be void and of no effect.
    (d) The Illinois prorate decal issued to a foreign
registered vehicle part of a fleet prorated or apportioned with
Illinois, shall be displayed on a registration plate and
displayed on the front of such vehicle in the same manner as an
Illinois registration plate.
    (e) The registration plate issued for a camper body mounted
on a truck displaying registration plates shall be attached to
the rear of the camper body.
    (f) No person shall operate a vehicle, nor permit the
operation of a vehicle, upon which is displayed an Illinois
registration plate, plates or registration stickers after the
termination of the registration period for which issued or
after the expiration date set pursuant to Sections 3-414 and
3-414.1 of this Code.
    (g) A person may not operate any motor vehicle that is
equipped with registration plate covers. A violation of this
subsection (g) or a similar provision of a local ordinance is
an offense against laws and ordinances regulating the movement
of traffic.
    (h) A person may not sell or offer for sale a registration
plate cover. A violation of this subsection (h) is a business
offense.
    (i) A person may not advertise for the purpose of promoting
the sale of registration plate covers. A violation of this
subsection (i) is a business offense.
    (j) A person may not modify the original manufacturer's
mounting location of the rear registration plate on any vehicle
so as to conceal the registration or to knowingly cause it to
be obstructed in an effort to hinder a peace officer from
obtaining the registration for the enforcement of a violation
of this Code, Section 27.1 of the Toll Highway Act concerning
toll evasion, or any municipal ordinance. Modifications
prohibited by this subsection (j) include but are not limited
to the use of an electronic device. A violation of this
subsection (j) is a Class A misdemeanor.
(Source: P.A. 97-743, eff. 1-1-13.)
 
    (625 ILCS 5/3-600)  (from Ch. 95 1/2, par. 3-600)
    Sec. 3-600. Requirements for issuance of special plates.
    (a) The Secretary of State shall issue only special plates
that have been authorized by the General Assembly. The
Secretary of State shall not issue a series of special plates
unless applications, as prescribed by the Secretary, have been
received for 10,000 plates of that series; except that the
Secretary of State may prescribe some other required number of
applications if that number is sufficient to pay for the total
cost of designing, manufacturing and issuing the special
license plate. Where a special plate is authorized by law to
raise funds for a specific civic group, charitable entity, or
other identified organization, and where the Secretary of State
has not received the required number of applications to issue
that special plate within 2 years of the effective date of the
Public Act authorizing the special plate, the Secretary of
State's authority to issue the special plate is nullified.
    (b) The Secretary of State, upon issuing a new series of
special license plates, shall notify all law enforcement
officials of the design, color and other special features of
the special license plate series.
    (c) This Section shall not apply to the Secretary of
State's discretion as established in Section 3-611.
    (d) If a law authorizing a special license plate provides
that the sponsoring organization is to designate a charitable
entity as the recipient of the funds from the sale of that
license plate, the designated charitable entity must be in
compliance with the registration and reporting requirements of
the Charitable Trust Act and the Solicitation for Charity Act.
In addition, the charitable entity must annually provide the
Secretary of State's office a letter of compliance issued by
the Illinois Attorney General's office verifying the entity is
in compliance with the Acts.
    In the case of a law in effect before the effective date of
this amendatory Act of the 97th General Assembly, the name of
the charitable entity which is to receive the funds shall be
provided to the Secretary of State within one year after the
effective date of this amendatory Act of the 97th General
Assembly. In the case of a law that takes effect on or after
the effective date of this amendatory Act of the 97th General
Assembly, the name of the charitable entity which is to receive
the funds shall be provided to the Secretary of State within
one year after the law takes effect. If the organization fails
to designate an appropriate charitable entity within the
one-year period, or if the designated charitable entity fails
to annually provide the Secretary of State a letter of
compliance issued by the Illinois Attorney General's office,
any funds collected from the sale of plates authorized for that
organization and not previously disbursed shall be transferred
to the General Revenue Fund, and the special plates shall be
discontinued.
    (e) If fewer than 1,000 sets of any special license plate
authorized by law and issued by the Secretary of State are
actively registered for 2 consecutive calendar years, the
Secretary of State may discontinue the issuance of that special
license plate.
    (f) Where special license plates have been discontinued
pursuant to subsection (d) or (e) of this Section, all
previously issued plates of that type shall be recalled. Owners
of vehicles which were registered with recalled plates shall
not be charged a reclassification or registration sticker
replacement plate fee upon the issuance of new plates for those
vehicles.
    (g) Any special plate that is authorized to be issued for
motorcycles may also be issued for autocycles.
(Source: P.A. 97-409, eff. 1-1-12.)
 
    (625 ILCS 5/3-806)  (from Ch. 95 1/2, par. 3-806)
    Sec. 3-806. Registration Fees; Motor Vehicles of the First
Division. Every owner of any other motor vehicle of the first
division, except as provided in Sections 3-804, 3-804.01,
3-804.3, 3-805, 3-806.3, 3-806.7, and 3-808, and every second
division vehicle weighing 8,000 pounds or less, shall pay the
Secretary of State an annual registration fee at the following
rates:
 
SCHEDULE OF REGISTRATION FEES
REQUIRED BY LAW
Beginning with the 2010 registration year
Annual
Fee
Motor vehicles of the first
division other than
Autocycles,
Motorcycles, Motor Driven
Cycles and Pedalcycles $98
Autocycles68
Motorcycles, Motor Driven
Cycles and Pedalcycles 38
    A Beginning with the 2010 registration year a $1 surcharge
shall be collected in addition to the above fees for motor
vehicles of the first division, autocycles, motorcycles, motor
driven cycles, and pedalcycles to be deposited into the State
Police Vehicle Fund.
    All of the proceeds of the additional fees imposed by
Public Act 96-34 shall be deposited into the Capital Projects
Fund.
    A Beginning with the 2014 registration year, a $2 surcharge
shall be collected in addition to the above fees for motor
vehicles of the first division, autocycles, motorcycles, motor
driven cycles, and pedalcycles to be deposited into the Park
and Conservation Fund for the Department of Natural Resources
to use for conservation efforts. The monies deposited into the
Park and Conservation Fund under this Section shall not be
subject to administrative charges or chargebacks unless
otherwise authorized by this Act.
(Source: P.A. 97-412, eff. 1-1-12; 97-811, eff. 7-13-12;
97-1136, eff. 1-1-13; 98-463, eff. 8-16-13.)
 
    (625 ILCS 5/3-806.1)  (from Ch. 95 1/2, par. 3-806.1)
    Sec. 3-806.1. Additional fees for vanity license plates. In
addition to the regular registration fee, an applicant for a
vanity license plate, other than a vanity plate in any military
series or a vanity plate issued under Section 3-664, shall be
charged $94 for each set of vanity license plates issued to a
vehicle of the first division or a vehicle of the second
division registered at not more than 8,000 pounds or to a
recreational vehicle and $50 for each set of vanity plates
issued to an autocycle or a motorcycle. In addition to the
regular renewal fee, an applicant for a vanity plate, other
than a vanity plate in any military series or a vanity plate
issued under Section 3-664, shall be charged $13 for the
renewal of each set of vanity license plates. There shall be no
additional fees for a vanity license plate in any military
series of plates or a vanity plate issued under Section 3-664.
(Source: P.A. 95-287, eff. 1-1-08; 95-353, eff. 1-1-08; 95-876,
eff. 8-21-08.)
 
    (625 ILCS 5/3-806.5)
    Sec. 3-806.5. Additional fees for personalized license
plates. For registration periods commencing after December 31,
2003, in addition to the regular registration fee, an applicant
for a personalized license plate, other than a personalized
plate in any military series or a personalized plate issued
under Section 3-664, shall be charged $47 for each set of
personalized license plates issued to a vehicle of the first
division or a vehicle of the second division registered at not
more than 8,000 pounds or to a recreational vehicle and $25 for
each set of personalized plates issued to an autocycle or a
motorcycle. In addition to the regular renewal fee, an
applicant for a personalized plate other than a personalized
plate in any military series or a personalized plate issued
under Section 3-664, shall be charged $7 for the renewal of
each set of personalized license plates. There shall be no
additional fees charged for a personalized plate in any
military series of plates or a personalized plate issued under
Section 3-664. Of the money received by the Secretary of State
as additional fees for personalized license plates, 50% shall
be deposited into the Secretary of State Special License Plate
Fund and 50% shall be deposited into the General Revenue Fund.
(Source: P.A. 95-287, eff. 1-1-08; 95-353, eff. 1-1-08; 95-876,
eff. 8-21-08.)
 
    (625 ILCS 5/6-104)  (from Ch. 95 1/2, par. 6-104)
    Sec. 6-104. Classification of Driver - Special
Restrictions.
    (a) A driver's license issued under the authority of this
Act shall indicate the classification for which the applicant
therefor has qualified by examination or by such other means
that the Secretary of State shall prescribe. Driver's license
classifications shall be prescribed by rule or regulation
promulgated by the Secretary of State and such may specify
classifications as to operation of motor vehicles of the first
division, or of those of the second division, whether operated
singly or in lawful combination, and whether for-hire or
not-for-hire, and may specify such other classifications as the
Secretary deems necessary.
    No person shall operate a motor vehicle unless such person
has a valid license with a proper classification to permit the
operation of such vehicle, except that any person may operate a
moped if such person has a valid current Illinois driver's
license, regardless of classification.
    (b) No person who is under the age of 21 years or has had
less than 1 year of driving experience shall drive: (1) in
connection with the operation of any school, day camp, summer
camp, or nursery school, any public or private motor vehicle
for transporting children to or from any school, day camp,
summer camp, or nursery school, or (2) any motor vehicle of the
second division when in use for the transportation of persons
for compensation.
    (c) No person who is under the age of 18 years shall be
issued a license for the purpose of transporting property for
hire, or for the purpose of transporting persons for
compensation in a motor vehicle of the first division.
    (d) No person shall drive: (1) a school bus when
transporting school children unless such person possesses a
valid school bus driver permit or is accompanied and
supervised, for the specific purpose of training prior to
routine operation of a school bus, by a person who has held a
valid school bus driver permit for at least one year; or (2)
any other vehicle owned or operated by or for a public or
private school, or a school operated by a religious
institution, where such vehicle is being used over a regularly
scheduled route for the transportation of persons enrolled as a
student in grade 12 or below, in connection with any activity
of the entities unless such person possesses a valid school bus
driver permit.
    (d-5) No person may drive a bus that does not meet the
special requirements for school buses provided in Sections
12-801, 12-802, 12-803, and 12-805 of this Code that has been
chartered for the sole purpose of transporting students
regularly enrolled in grade 12 or below to or from
interscholastic athletic or interscholastic or school
sponsored activities unless the person has a valid and properly
classified commercial driver's license as provided in
subsection (c-1) of Section 6-508 of this Code in addition to
any other permit or license that is required to operate that
bus. This subsection (d-5) does not apply to any bus driver
employed by a public transportation provider authorized to
conduct local or interurban transportation of passengers when
the bus is not traveling a specific school bus route but is on
a regularly scheduled route for the transporting of other fare
paying passengers.
    A person may operate a chartered bus described in this
subsection (d-5) if he or she is not disqualified from driving
a chartered bus of that type and if he or she holds a CDL that
is:
        (1) issued to him or her by any other state or
    jurisdiction in accordance with 49 CFR 383;
        (2) not suspended, revoked, or canceled; and
        (3) valid under 49 CFR 383, subpart F, for the type of
    vehicle being driven.
    A person may also operate a chartered bus described in this
subsection (d-5) if he or she holds a valid CDL and a valid
school bus driver permit that was issued on or before December
31, 2003.
    (e) No person shall drive a religious organization bus
unless such person has a valid and properly classified drivers
license or a valid school bus driver permit.
    (f) No person shall drive a motor vehicle for the purpose
of providing transportation for the elderly in connection with
the activities of any public or private organization unless
such person has a valid and properly classified driver's
license issued by the Secretary of State.
    (g) No person shall drive a bus which meets the special
requirements for school buses provided in Section 12-801,
12-802, 12-803 and 12-805 of this Code for the purpose of
transporting persons 18 years of age or less in connection with
any youth camp licensed under the Youth Camp Act or any child
care facility licensed under the Child Care Act of 1969 unless
such person possesses a valid school bus driver permit or is
accompanied and supervised, for the specific purpose of
training prior to routine operation of a school bus, by a
person who has held a valid school bus driver permit for at
least one year; however, a person who has a valid and properly
classified driver's license issued by the Secretary of State
may operate a school bus for the purpose of transporting
persons 18 years of age or less in connection with any such
youth camp or child care facility if the "SCHOOL BUS" signs are
covered or concealed and the stop signal arm and flashing
signal systems are not operable through normal controls.
    (h) No person shall operate an autocycle unless he or she
has a valid Class D driver's license.
(Source: P.A. 96-554, eff. 1-1-10.)
 
    Section 99. Effective date. This Act takes effect January
1, 2015.