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1 | AN ACT concerning transportation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 1. It is the intent of the General Assembly that | ||||||||||||||||||||||||
5 | all references made to vehicle license plates and license plate | ||||||||||||||||||||||||
6 | stickers be construed to include electronic vehicle license | ||||||||||||||||||||||||
7 | plates and vehicle stickers as approved by the Secretary of | ||||||||||||||||||||||||
8 | State. It is the policy of this State to encourage the issuance | ||||||||||||||||||||||||
9 | of a combination of metal and electronic license plates and | ||||||||||||||||||||||||
10 | vehicle stickers. | ||||||||||||||||||||||||
11 | Section 5. The State Vehicle Identification Act is amended | ||||||||||||||||||||||||
12 | by changing Sections 2 and 3 as follows:
| ||||||||||||||||||||||||
13 | (30 ILCS 610/2) (from Ch. 127, par. 133e2)
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14 | Sec. 2.
All vehicles not exempt from identification by | ||||||||||||||||||||||||
15 | Section 4 of this
Act shall be identified by a special | ||||||||||||||||||||||||
16 | registration plate or digital registration plate .
| ||||||||||||||||||||||||
17 | (Source: P.A. 83-449.)
| ||||||||||||||||||||||||
18 | (30 ILCS 610/3) (from Ch. 127, par. 133e3)
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19 | Sec. 3.
Every agency, board, commission, branch or | ||||||||||||||||||||||||
20 | department of this
State or controlled by officers of this | ||||||||||||||||||||||||
21 | State, possessing, operating or
controlling vehicles shall |
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| |||||||
1 | ensure insure that such vehicles are properly identified
by | ||||||
2 | affixing the special registration plate or digital | ||||||
3 | registration plate at the first registration period
following | ||||||
4 | the effective date of this amendatory Act of 1979 . Such | ||||||
5 | agencies,
boards, commissions, branches
and departments shall | ||||||
6 | arrange for the replacement of missing registration plates or | ||||||
7 | digital registration plates when
necessary in order that | ||||||
8 | vehicles at all times be clearly identified as
belonging to the | ||||||
9 | State of Illinois.
| ||||||
10 | (Source: P.A. 81-449.)
| ||||||
11 | Section 10. The Counties Code is amended by changing | ||||||
12 | Section 5-12006 as follows:
| ||||||
13 | (55 ILCS 5/5-12006) (from Ch. 34, par. 5-12006)
| ||||||
14 | Sec. 5-12006. Vehicle removal. | ||||||
15 | (a) In any county with 500,000 or more
inhabitants, but | ||||||
16 | fewer than 3,000,000, when a vehicle is abandoned or left
| ||||||
17 | unattended on a highway other than a toll highway, interstate | ||||||
18 | highway, or
expressway, outside of an urban district for 24 | ||||||
19 | hours or more, its removal
by a towing service may be | ||||||
20 | authorized by the administrative official
charged with such | ||||||
21 | duty.
| ||||||
22 | (b) When a vehicle removal from either public or private | ||||||
23 | property is
authorized, the owner of the vehicle shall be | ||||||
24 | responsible for all towing costs.
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| |||||||
1 | Vehicles removed from public or private property and stored | ||||||
2 | by a
commercial vehicle relocator or any other towing service | ||||||
3 | in compliance
with the Illinois Vehicle Code shall be subject | ||||||
4 | to a possessory lien for
services pursuant to "An Act | ||||||
5 | concerning liens for labor, services, skill or
materials | ||||||
6 | furnished upon or storage furnished for chattels", filed July | ||||||
7 | 24,
1941, as amended and the
provision of Section 1 of that Act | ||||||
8 | relating to notice and implied consent
shall be deemed | ||||||
9 | satisfied by compliance with Section 18a-302 and subsection
(6) | ||||||
10 | of Section 18a-300 of The Illinois Vehicle Code. In no event | ||||||
11 | shall
such lien be greater than the rate established in | ||||||
12 | accordance with
subsection (3) of Section 18a-200 of The | ||||||
13 | Illinois Vehicle Code. In no
event shall such lien be increased | ||||||
14 | or altered to reflect any charge for
services or materials | ||||||
15 | rendered in addition to those authorized by this
Division. | ||||||
16 | Every such lien shall be payable by use of any major
credit | ||||||
17 | card, in addition to being payable in cash.
| ||||||
18 | (c) When a vehicle is authorized to be towed away under | ||||||
19 | this Division, the
administrative official authorizing the | ||||||
20 | towing shall keep and maintain a
record of the vehicle towed, | ||||||
21 | listing the color, year of manufacture,
manufacturer's trade | ||||||
22 | name, manufacturer's series name, body style, vehicle
| ||||||
23 | identification number, license plate year and number and | ||||||
24 | registration
sticker or digital registration sticker year and | ||||||
25 | number displayed on the vehicle. The record shall also
include | ||||||
26 | the date and hour of tow, location towed from, location towed |
| |||||||
| |||||||
1 | to,
reason for towing and the name of the officer authorizing | ||||||
2 | the tow.
| ||||||
3 | The administrative official authorizing the towing shall | ||||||
4 | further follow
the procedures for notification of record owner | ||||||
5 | or other legally entitled
person, or if such person cannot be | ||||||
6 | identified, procedures for
tracing vehicle ownership by the | ||||||
7 | Illinois State Police as set forth in The
Illinois Vehicle Code | ||||||
8 | and procedures for disposing of unclaimed vehicles
with or | ||||||
9 | without notice.
| ||||||
10 | (Source: P.A. 86-962.)
| ||||||
11 | Section 15. The Toll Highway Act is amended by changing | ||||||
12 | Section 27.2 as follows: | ||||||
13 | (605 ILCS 10/27.2)
| ||||||
14 | Sec. 27.2. Obstruction of registration plate or digital | ||||||
15 | registration plate visibility to electronic image recording. | ||||||
16 | (a) A person may not operate on a toll highway any motor | ||||||
17 | vehicle that is equipped with tinted plastic or tinted glass | ||||||
18 | registration plate or digital registration plate covers or any | ||||||
19 | covers, coating, wrappings, materials, streaking, distorting, | ||||||
20 | holographic, reflective, or other devices that obstruct the | ||||||
21 | visibility or electronic image recording of the plate or | ||||||
22 | digital registration plate . This subsection (a) shall not apply | ||||||
23 | to automatic vehicle identification transponder devices, cards | ||||||
24 | or chips issued by a governmental body or authorized by a |
| |||||||
| |||||||
1 | governmental body for the purpose of electronic payment of | ||||||
2 | tolls or other authorized payments, the exemption of which | ||||||
3 | shall preempt any local legislation to the contrary. | ||||||
4 | (b) If a State or local law enforcement officer having | ||||||
5 | jurisdiction observes that a cover or other device or material | ||||||
6 | or substance is obstructing
the visibility or electronic image | ||||||
7 | recording of the plate, the officer shall issue a Uniform | ||||||
8 | Traffic Citation and shall confiscate the cover or other device | ||||||
9 | that obstructs the visibility or electronic image recording of | ||||||
10 | the plate. If the State or local law enforcement officer having | ||||||
11 | jurisdiction observes that the plate itself has been physically | ||||||
12 | treated with a substance or material that is obstructing the | ||||||
13 | visibility or electronic image recording of the plate, the | ||||||
14 | officer shall issue a Uniform Traffic Citation and shall | ||||||
15 | confiscate the plate. The Secretary of State shall revoke the | ||||||
16 | registration of any plate that has been found by a court or | ||||||
17 | administrative tribunal to have been physically altered with | ||||||
18 | any chemical or reflective substance or coating that obstructs | ||||||
19 | the visibility or electronic image recording of the plate. A | ||||||
20 | fine of $750 shall be imposed in any instance where a plate | ||||||
21 | cover obstructs the visibility or electronic image recording of | ||||||
22 | the plate. A fine of $1,000 shall be imposed where a plate has | ||||||
23 | been physically altered with any chemical or reflective | ||||||
24 | substance or coating that obstructs the visibility or | ||||||
25 | electronic image recording of the plate. | ||||||
26 | (c) The Illinois Attorney General may file suit against any |
| |||||||
| |||||||
1 | individual or entity offering or marketing the sale, including | ||||||
2 | via the Internet, of any product advertised as having the | ||||||
3 | capacity to obstruct the visibility or electronic image | ||||||
4 | recording of a license plate or digital registration plate . In | ||||||
5 | addition to injunctive and monetary relief, punitive damages, | ||||||
6 | and attorneys fees, the suit shall also seek a full accounting | ||||||
7 | of the records of all sales to residents of or entities within | ||||||
8 | the State of Illinois. | ||||||
9 | (d) The provisions in this Section may be extended to other | ||||||
10 | public toll facilities in the State of Illinois through a duly | ||||||
11 | executed intergovernmental agreement between the Authority and | ||||||
12 | another public body.
| ||||||
13 | (Source: P.A. 94-636, eff. 8-22-05.) | ||||||
14 | Section 20. The Illinois Vehicle Code is amended by | ||||||
15 | changing Sections 1-171, 1-190.1, 2-111, 3-400, 3-402, 3-404, | ||||||
16 | 3-412, 3-413, 3-414, 3-417, 3-421, 3-501.1, 3-600, 3-607, | ||||||
17 | 3-609, 3-639, 3-701, 3-702, 3-703, 3-704, 3-704.1, 3-706, | ||||||
18 | 3-802, 3-806.3, 3-814.3, 3-814.4, 3-820, 3-824, 4-104, 4-105, | ||||||
19 | 4-204, 5-202, 7-303, 7-402, 7-602, 8-113, 8-114, 9-109, | ||||||
20 | 11-204.1, 11-208.6, 11-208.8, 11-208.9, 11-1201.1, 11-1301.1, | ||||||
21 | 11-1301.2, 11-1303, 11-1304.5, 11-1305, 12-610, 13-101, | ||||||
22 | 13C-55, and 20-401 and by adding Section 3-401.5 as follows:
| ||||||
23 | (625 ILCS 5/1-171) (from Ch. 95 1/2, par. 1-171)
| ||||||
24 | Sec. 1-171. Registration - Registration Sticker. |
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| |||||||
1 | Registration. The registration certificate or certificates, | ||||||
2 | registration
plates and registration stickers issued under the | ||||||
3 | laws of this State pertaining
to the registration of vehicles.
| ||||||
4 | Registration Sticker or Stickers. A device or devices to be | ||||||
5 | attached to
a rear registration plate that will renew the | ||||||
6 | registration and registration
plate or plates for a | ||||||
7 | pre-determined period not to exceed one registration
year | ||||||
8 | except as provided in subsection (1) of Section 3-414 of this | ||||||
9 | Code.
Should the Secretary of State determine it is advisable | ||||||
10 | to require a registration
sticker to be attached to a front | ||||||
11 | registration plate, he may require such
action and provide the | ||||||
12 | necessary additional sticker. Such determination
shall be | ||||||
13 | publicly announced at least 30 days in advance of a new annual
| ||||||
14 | registration year. | ||||||
15 | "Registration" and "registration sticker or stickers" | ||||||
16 | includes digital registration plates and digital registration | ||||||
17 | stickers issued by the Secretary of State under Section | ||||||
18 | 3-401.5.
| ||||||
19 | (Source: P.A. 80-1185.)
| ||||||
20 | (625 ILCS 5/1-190.1)
| ||||||
21 | Sec. 1-190.1. Special license plate. Registration plates | ||||||
22 | issued by the
Secretary of State that by statute require, in | ||||||
23 | addition to the applicable
registration fee, an additional fee | ||||||
24 | that is to be deposited into the Secretary
of State Special | ||||||
25 | License Plate Fund. "Special license plate" includes digital |
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| |||||||
1 | registration plates that by statute require, in addition to the | ||||||
2 | applicable
registration fee, an additional fee that is to be | ||||||
3 | deposited into the Secretary
of State Special License Plate | ||||||
4 | Fund.
| ||||||
5 | (Source: P.A. 89-282, eff. 8-10-95.)
| ||||||
6 | (625 ILCS 5/2-111) (from Ch. 95 1/2, par. 2-111) | ||||||
7 | Sec. 2-111. Seizure or confiscation of documents and | ||||||
8 | plates.
| ||||||
9 | (a) The Secretary of State is
authorized to take possession | ||||||
10 | of any certificate of title, registration
card, permit, | ||||||
11 | license, registration plate or digital registration plate , | ||||||
12 | plates, disability
license plate or parking decal or device, or | ||||||
13 | registration sticker or digital registration sticker
issued by | ||||||
14 | him or her upon expiration, revocation, cancellation or | ||||||
15 | suspension thereof,
or which is fictitious, or which has been | ||||||
16 | unlawfully or erroneously issued.
Police officers who have | ||||||
17 | reasonable grounds to believe that any item or
items listed in | ||||||
18 | this Section should be seized shall take possession of the | ||||||
19 | items and return them or cause them to be returned to the | ||||||
20 | Secretary
of State.
| ||||||
21 | (b) The Secretary of State is authorized to confiscate any | ||||||
22 | suspected
fraudulent,
fictitious, or altered documents | ||||||
23 | submitted by an applicant in support of an
application for
a | ||||||
24 | driver's license or permit.
| ||||||
25 | (Source: P.A. 97-743, eff. 1-1-13.)
|
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| |||||||
1 | (625 ILCS 5/3-400) (from Ch. 95 1/2, par. 3-400)
| ||||||
2 | Sec. 3-400. Definitions. Notwithstanding the definitions | ||||||
3 | set forth in
Chapter 1 of this Act, for the purposes of this | ||||||
4 | Article, the following
words shall have the meaning ascribed to | ||||||
5 | them as follows:
| ||||||
6 | "Apportionable Fee" means any periodic recurring fee | ||||||
7 | required for
licensing or registering vehicles, such as, but | ||||||
8 | not limited to,
registration fees, license or weight fees.
| ||||||
9 | "Apportionable Vehicle" means any vehicle, except | ||||||
10 | recreational
vehicles, vehicles displaying restricted plates, | ||||||
11 | city pickup and delivery
vehicles, buses used in transportation | ||||||
12 | of chartered parties, and government
owned vehicles that are | ||||||
13 | used or intended for use in 2 or more member
jurisdictions that | ||||||
14 | allocate or proportionally register vehicles, in a
fleet which | ||||||
15 | is used for the transportation of persons for hire or the
| ||||||
16 | transportation of property and which has a gross vehicle weight | ||||||
17 | in excess of
26,000 pounds; or has three or more axles | ||||||
18 | regardless of weight; or is used in
combination when the weight | ||||||
19 | of such combination exceeds 26,000 pounds gross
vehicle weight. | ||||||
20 | Vehicles, or combinations having a gross vehicle weight of
| ||||||
21 | 26,000 pounds or less and two-axle vehicles may be | ||||||
22 | proportionally registered at
the option of such owner.
| ||||||
23 | "Base Jurisdiction" means, for purposes of fleet | ||||||
24 | registration, the
jurisdiction where the registrant has an | ||||||
25 | established place of business,
where operational records of the |
| |||||||
| |||||||
1 | fleet are maintained and where mileage
is accrued by the fleet. | ||||||
2 | In case a registrant operates more than one
fleet, and | ||||||
3 | maintains records for each fleet in different places, the
"base | ||||||
4 | jurisdiction" for a fleet shall be the jurisdiction where an
| ||||||
5 | established place of business is maintained, where records of | ||||||
6 | the
operation of that fleet are maintained and where mileage is | ||||||
7 | accrued by
that fleet.
| ||||||
8 | "Operational Records" means documents supporting miles | ||||||
9 | traveled in
each jurisdiction and total miles traveled, such as | ||||||
10 | fuel reports, trip
leases, and logs.
| ||||||
11 | "Owner" means a person who holds legal title of a motor | ||||||
12 | vehicle, or in the
event a motor vehicle is the subject of an | ||||||
13 | agreement for the conditional
sale or lease thereof with the | ||||||
14 | right of purchase upon performance of the
conditions stated in | ||||||
15 | the agreement and with an immediate right of
possession vested | ||||||
16 | in the conditional vendee or lessee with right of
purchase, or | ||||||
17 | in the event a mortgagor of such motor vehicle is entitled
to | ||||||
18 | possession, or in the event a lessee of such motor vehicle is
| ||||||
19 | entitled to possession or control, then such conditional vendee | ||||||
20 | or
lessee with right of purchase or mortgagor or lessee is | ||||||
21 | considered to be
the owner for the purpose of this Act.
| ||||||
22 | "Registration plate or digital registration plate cover" | ||||||
23 | means any tinted, colored, painted, marked, clear, or | ||||||
24 | illuminated object that is designed to (i) cover any of the | ||||||
25 | characters of a motor vehicle's
registration plate or digital | ||||||
26 | registration plate ; or (ii) distort a recorded image of any of |
| |||||||
| |||||||
1 | the characters
of a motor vehicle's registration plate or | ||||||
2 | digital registration plate recorded by an automated | ||||||
3 | enforcement system as defined in Section 11-208.6, 11-208.8, or | ||||||
4 | 11-1201.1 of this Code or recorded by an automated traffic | ||||||
5 | control system as defined in Section 15 of the Automated | ||||||
6 | Traffic Control Systems in Highway Construction or Maintenance | ||||||
7 | Zones Act. | ||||||
8 | "Rental Owner" means an owner principally engaged, with | ||||||
9 | respect to
one or more rental fleets, in renting to others or | ||||||
10 | offering for rental
the vehicles of such fleets, without | ||||||
11 | drivers.
| ||||||
12 | "Restricted Plates" shall include, but is not limited to, | ||||||
13 | dealer,
manufacturer, transporter, farm, repossessor, and | ||||||
14 | permanently mounted type
plates. Vehicles displaying any of | ||||||
15 | these type plates from a foreign
jurisdiction that is a member | ||||||
16 | of the International Registration Plan shall be
granted | ||||||
17 | reciprocity but shall be subject to the same limitations as | ||||||
18 | similar
plated Illinois registered vehicles.
| ||||||
19 | (Source: P.A. 98-463, eff. 8-16-13; 99-78, eff. 7-20-15.)
| ||||||
20 | (625 ILCS 5/3-401.5 new) | ||||||
21 | Sec. 3-401.5. Digital registration plates and renewals. | ||||||
22 | (a) The Secretary of State may authorize the issuance of a | ||||||
23 | digital registration plate to a vehicle, in lieu of a set of | ||||||
24 | static, metal registration plates, if the vehicle owner | ||||||
25 | separately purchases the digital registration plate for a |
| |||||||
| |||||||
1 | particular vehicle. The Secretary shall work with the vehicle | ||||||
2 | owner and the distributor of the digital registration plates to | ||||||
3 | coordinate the appropriate plate image and registration | ||||||
4 | expiration to appear on the digital registration plate. One | ||||||
5 | metal plate shall still be issued to the vehicle owner for the | ||||||
6 | front end of the vehicle. | ||||||
7 | (b) The Secretary, for any vehicle owner that purchases a | ||||||
8 | digital registration plate, may electronically renew the | ||||||
9 | digital registration plate upon receiving the appropriate | ||||||
10 | renewal registration fee as set forth in this Code. The | ||||||
11 | Secretary may also authorize the image to be suspended or | ||||||
12 | revoked and replaced with an alternative image or blank screen | ||||||
13 | upon violation of any provision of this Code or the failure to | ||||||
14 | renew the digital registration plate. | ||||||
15 | (c) Before a digital registration plate may be issued in | ||||||
16 | lieu of a special plate authorized under Article VI of this | ||||||
17 | Chapter, the Secretary shall seek approval from the originating | ||||||
18 | organization, when possible, to authorize a digital version of | ||||||
19 | the static, metal plates issued to a vehicle owner. | ||||||
20 | (d) The owner of a digital registration plate is | ||||||
21 | responsible for any costs associated with using the digital | ||||||
22 | registration plate, including, but not limited to, the initial | ||||||
23 | purchase price and any replacement costs. | ||||||
24 | (e) The Secretary of State may adopt any rules necessary to | ||||||
25 | implement and develop a digital registration plate program.
|
| |||||||
| |||||||
1 | (625 ILCS 5/3-402) (from Ch. 95 1/2, par. 3-402)
| ||||||
2 | Sec. 3-402. Vehicles subject to registration; exceptions.
| ||||||
3 | A. Exemptions and Policy. Every motor vehicle, trailer, | ||||||
4 | semitrailer and
pole trailer when driven or moved upon a | ||||||
5 | highway shall be subject to the
registration and certificate of | ||||||
6 | title provisions of this Chapter except:
| ||||||
7 | (1) Any such vehicle driven or moved upon a highway in | ||||||
8 | conformance with
the
provisions of this Chapter relating to | ||||||
9 | manufacturers, transporters, dealers,
lienholders or | ||||||
10 | nonresidents or under a temporary registration permit | ||||||
11 | issued
by the Secretary of State;
| ||||||
12 | (2) Any implement of husbandry whether of a type | ||||||
13 | otherwise subject to
registration hereunder or not which is | ||||||
14 | only incidentally operated or moved
upon a highway, which | ||||||
15 | shall include a not-for-hire movement for the purpose
of | ||||||
16 | delivering farm commodities to a place of first processing | ||||||
17 | or sale, or
to a place of storage;
| ||||||
18 | (3) Any special mobile equipment as herein defined;
| ||||||
19 | (4) Any vehicle which is propelled exclusively by | ||||||
20 | electric power obtained
from overhead trolley wires though | ||||||
21 | not operated upon rails;
| ||||||
22 | (5) Any vehicle which is equipped and used exclusively | ||||||
23 | as a pumper, ladder
truck, rescue vehicle, searchlight | ||||||
24 | truck, or other fire apparatus, but not
a vehicle of a type | ||||||
25 | which would otherwise be subject to registration as a
| ||||||
26 | vehicle of the first division;
|
| |||||||
| |||||||
1 | (6) Any vehicle which is owned and operated by the | ||||||
2 | federal government
and externally displays evidence of | ||||||
3 | federal ownership. It is the policy
of the State of | ||||||
4 | Illinois to promote and encourage the fullest use of its
| ||||||
5 | highways and to enhance the flow of commerce thus | ||||||
6 | contributing to the economic,
agricultural, industrial and | ||||||
7 | social growth and development of this State,
by authorizing | ||||||
8 | the Secretary of State to negotiate and enter into | ||||||
9 | reciprocal
or proportional agreements or arrangements with | ||||||
10 | other States, or to issue
declarations setting forth | ||||||
11 | reciprocal exemptions, benefits and privileges
with | ||||||
12 | respect to vehicles operated interstate which are properly | ||||||
13 | registered
in this and other States, assuring nevertheless | ||||||
14 | proper registration of vehicles
in Illinois as may be | ||||||
15 | required by this Code;
| ||||||
16 | (7) Any converter dolly or tow dolly which merely | ||||||
17 | serves as
substitute wheels for another
legally licensed | ||||||
18 | vehicle. A title may be issued on a voluntary basis to
a | ||||||
19 | tow dolly upon receipt of the manufacturer's certificate of | ||||||
20 | origin or
the bill of sale;
| ||||||
21 | (8) Any house trailer found to be an abandoned mobile | ||||||
22 | home under the
Abandoned Mobile Home Act;
| ||||||
23 | (9) Any vehicle that is not properly registered or does | ||||||
24 | not have
registration plates or digital registration | ||||||
25 | plates issued to the owner or operator affixed thereto, or | ||||||
26 | that
does have registration plates or digital registration |
| |||||||
| |||||||
1 | plates issued to the owner or operator affixed thereto
but | ||||||
2 | the plates are not appropriate for the weight of the | ||||||
3 | vehicle, provided that
this
exemption shall apply only | ||||||
4 | while the vehicle is being transported or operated
by a | ||||||
5 | towing service and has a third tow plate affixed to
it.
| ||||||
6 | B. Reciprocity. Any motor vehicle, trailer, semitrailer or | ||||||
7 | pole trailer
need not be registered under this Code provided | ||||||
8 | the same is operated interstate
and in accordance with the | ||||||
9 | following provisions and any rules and regulations
promulgated | ||||||
10 | pursuant thereto:
| ||||||
11 | (1) A nonresident owner, except as otherwise provided | ||||||
12 | in this Section,
owning any foreign registered vehicle of a | ||||||
13 | type otherwise subject to
registration hereunder, may | ||||||
14 | operate or permit the operation of such vehicle
within this | ||||||
15 | State in interstate commerce without registering such | ||||||
16 | vehicle
in, or paying any fees to, this State subject to | ||||||
17 | the condition that such
vehicle at all times when operated | ||||||
18 | in this State is operated pursuant to a
reciprocity | ||||||
19 | agreement, arrangement or declaration by this State, and
| ||||||
20 | further subject to the condition that such vehicle at all | ||||||
21 | times when
operated in this State is duly registered in, | ||||||
22 | and displays upon it, a valid
registration card and | ||||||
23 | registration plate or plates or digital registration plate | ||||||
24 | or plates issued for such vehicle
in the place of residence | ||||||
25 | of such owner and is issued and maintains in such
vehicle a | ||||||
26 | valid Illinois reciprocity permit as required by the |
| |||||||
| |||||||
1 | Secretary of
State, and provided like privileges are | ||||||
2 | afforded to residents of this State
by the State of | ||||||
3 | residence of such owner.
| ||||||
4 | Every nonresident including any foreign corporation | ||||||
5 | carrying on business
within this State and owning and | ||||||
6 | regularly operating in such business any
motor vehicle, | ||||||
7 | trailer or semitrailer within this State in intrastate | ||||||
8 | commerce,
shall be required to register each such vehicle | ||||||
9 | and pay the same fees therefor
as is required with | ||||||
10 | reference to like vehicles owned by residents of this
| ||||||
11 | State.
| ||||||
12 | (2) Any motor vehicle, trailer, semitrailer and pole | ||||||
13 | trailer operated
interstate need not be registered in this | ||||||
14 | State, provided:
| ||||||
15 | (a) that the vehicle is properly registered in | ||||||
16 | another
State pursuant to law or to a reciprocity | ||||||
17 | agreement, arrangement or
declaration; or
| ||||||
18 | (b) that such vehicle is part of a fleet of | ||||||
19 | vehicles owned or operated
by the same person who | ||||||
20 | registers such fleet of vehicles pro rata among the
| ||||||
21 | various States in which such fleet operates; or
| ||||||
22 | (c) that such vehicle is part of a fleet of | ||||||
23 | vehicles, a portion of which
are registered with the | ||||||
24 | Secretary of State of Illinois in accordance with
an | ||||||
25 | agreement or arrangement concurred in by the Secretary | ||||||
26 | of State of
Illinois based on one or more of the |
| |||||||
| |||||||
1 | following factors: ratio of miles in
Illinois as | ||||||
2 | against total miles in all jurisdictions; situs
or base | ||||||
3 | of a vehicle, or where it is principally garaged, or | ||||||
4 | from whence
it is principally dispatched or where the | ||||||
5 | movements of such vehicle usually
originate; situs of | ||||||
6 | the residence of the owner or operator thereof, or of
| ||||||
7 | his principal office or offices, or of his places of | ||||||
8 | business; the routes
traversed and whether regular or | ||||||
9 | irregular routes are traversed, and the
jurisdictions | ||||||
10 | traversed and served; and such other factors as may be | ||||||
11 | deemed
material by the Secretary and the motor vehicle | ||||||
12 | administrators of the other
jurisdictions involved in | ||||||
13 | such apportionment. Such vehicles shall maintain | ||||||
14 | therein any reciprocity permit
which may be required by | ||||||
15 | the Secretary of State pursuant to rules and
| ||||||
16 | regulations which the Secretary of State may | ||||||
17 | promulgate in the
administration of this Code, in the | ||||||
18 | public interest.
| ||||||
19 | (3) (a) In order to effectuate the purposes of this | ||||||
20 | Code, the Secretary
of State of Illinois is empowered | ||||||
21 | to negotiate and execute written reciprocal
agreements | ||||||
22 | or arrangements with the duly authorized | ||||||
23 | representatives of other
jurisdictions, including | ||||||
24 | States, districts, territories and possessions
of the | ||||||
25 | United States, and foreign states, provinces, or | ||||||
26 | countries, granting
to owners or operators of vehicles |
| |||||||
| |||||||
1 | duly registered or licensed in such
other | ||||||
2 | jurisdictions and for which evidence of compliance is | ||||||
3 | supplied,
benefits, privileges and exemption from the | ||||||
4 | payment, wholly or partially,
of any taxes, fees or | ||||||
5 | other charges imposed with respect to the ownership
or | ||||||
6 | operation of such vehicles by the laws of this State | ||||||
7 | except the tax
imposed by the Motor Fuel Tax Law, | ||||||
8 | approved March 25, 1929, as amended, and
the tax | ||||||
9 | imposed by the Use Tax Act, approved July 14, 1955, as | ||||||
10 | amended.
| ||||||
11 | The Secretary of State may negotiate agreements or | ||||||
12 | arrangements as are in
the best interests of this State | ||||||
13 | and the residents of this State pursuant
to the | ||||||
14 | policies expressed in this Section taking into | ||||||
15 | consideration the
reciprocal exemptions, benefits and | ||||||
16 | privileges available and accruing to
residents of this | ||||||
17 | State and vehicles registered in this State.
| ||||||
18 | (b) Such reciprocal agreements or arrangements | ||||||
19 | shall provide that vehicles
duly registered or | ||||||
20 | licensed in this State when operated upon the highways
| ||||||
21 | of such other jurisdictions, shall receive exemptions, | ||||||
22 | benefits and privileges
of a similar kind or to a | ||||||
23 | similar degree as extended to vehicles from such
| ||||||
24 | jurisdictions in this State.
| ||||||
25 | (c) Such agreements or arrangements may also | ||||||
26 | authorize the apportionment of
registration or |
| |||||||
| |||||||
1 | licensing of fleets of vehicles operated interstate, | ||||||
2 | based
on any or all of the following factors: ratio of | ||||||
3 | miles in Illinois as against
total miles in all | ||||||
4 | jurisdictions; situs or base of a vehicle, or where it
| ||||||
5 | is principally garaged or from whence it is principally | ||||||
6 | dispatched or where
the movements of such vehicle | ||||||
7 | usually originate; situs of the residence
of the owner | ||||||
8 | or operator thereof, or of his principal office or | ||||||
9 | offices,
or of his places of business; the routes | ||||||
10 | traversed and whether regular or
irregular routes are | ||||||
11 | traversed, and the jurisdictions traversed and served;
| ||||||
12 | and such other factors as may be deemed material by the | ||||||
13 | Secretary and the
motor vehicle administrators of the | ||||||
14 | other jurisdictions involved in such
apportionment, | ||||||
15 | and such vehicles shall likewise be entitled to | ||||||
16 | reciprocal
exemptions, benefits and privileges.
| ||||||
17 | (d) Such agreements or arrangements shall also | ||||||
18 | provide that vehicles being
operated in intrastate | ||||||
19 | commerce in Illinois shall comply with the | ||||||
20 | registration
and licensing laws of this State, except | ||||||
21 | that vehicles which are part of
an apportioned fleet | ||||||
22 | may conduct an intrastate operation incidental to | ||||||
23 | their
interstate operations. Any motor vehicle | ||||||
24 | properly registered and qualified
under any reciprocal | ||||||
25 | agreement or arrangement under this Code and not having
| ||||||
26 | a situs or base within Illinois may complete the |
| |||||||
| |||||||
1 | inbound movement of a trailer
or semitrailer to an | ||||||
2 | Illinois destination that was brought into Illinois
by | ||||||
3 | a motor vehicle also properly registered and qualified | ||||||
4 | under this Code
and not having a situs or base within | ||||||
5 | Illinois, or may complete an outbound
movement of a | ||||||
6 | trailer or semitrailer to an out-of-state destination | ||||||
7 | that
was originated in Illinois by a motor vehicle also | ||||||
8 | properly registered and
qualified under this Code and | ||||||
9 | not having a situs or base in Illinois, only
if the | ||||||
10 | operator thereof did not break bulk of the cargo laden | ||||||
11 | in such
inbound or outbound trailer or semitrailer. | ||||||
12 | Adding or unloading intrastate
cargo on such inbound or | ||||||
13 | outbound trailer or semitrailer shall be deemed
as | ||||||
14 | breaking bulk.
| ||||||
15 | (e) Such agreements or arrangements may also | ||||||
16 | provide for the determination
of the proper State in | ||||||
17 | which leased vehicles shall be registered based on
the | ||||||
18 | factors set out in subsection (c) above and for | ||||||
19 | apportionment of
registration of fleets of leased | ||||||
20 | vehicles by the lessee or by the lessor
who leases such | ||||||
21 | vehicles to persons who are not fleet operators.
| ||||||
22 | (f) Such agreements or arrangements may also | ||||||
23 | include reciprocal
exemptions, benefits or privileges | ||||||
24 | accruing under The Illinois Driver
Licensing Law or The | ||||||
25 | Driver License Compact.
| ||||||
26 | (4) The Secretary of State is further authorized to |
| |||||||
| |||||||
1 | examine the laws
and requirements of other jurisdictions, | ||||||
2 | and, in the absence of a written
agreement or arrangement, | ||||||
3 | to issue a written declaration of the extent and
nature of | ||||||
4 | the exemptions, benefits and privileges accorded to | ||||||
5 | vehicles of
this State by such other jurisdictions, and the | ||||||
6 | extent and nature of reciprocal
exemptions, benefits and | ||||||
7 | privileges thereby accorded by this State to the
vehicles | ||||||
8 | of such other jurisdictions. A declaration by the Secretary | ||||||
9 | of
State may include any, part or all reciprocal | ||||||
10 | exemptions, benefits and
privileges or provisions as may be | ||||||
11 | included within an agreement or arrangement.
| ||||||
12 | (5) All agreements, arrangements, declarations and | ||||||
13 | amendments thereto,
shall be in writing and become | ||||||
14 | effective when signed by the Secretary of
State, and copies | ||||||
15 | of all such documents shall be available to the public upon | ||||||
16 | request.
| ||||||
17 | (6) The Secretary of State is further authorized to | ||||||
18 | require the display
by foreign registered trucks, | ||||||
19 | truck-tractors and buses, entitled to reciprocal
benefits, | ||||||
20 | exemptions or privileges hereunder, a reciprocity permit | ||||||
21 | for
external display before any such reciprocal benefits, | ||||||
22 | exemptions or privileges
are granted. The Secretary of | ||||||
23 | State shall provide suitable application forms
for such | ||||||
24 | permit and shall promulgate and publish reasonable rules | ||||||
25 | and
regulations for the administration and enforcement of | ||||||
26 | the provisions of
this Code including a provision for |
| |||||||
| |||||||
1 | revocation of such permit as to any
vehicle operated | ||||||
2 | wilfully in violation of the terms of any reciprocal
| ||||||
3 | agreement, arrangement or declaration or in violation
of | ||||||
4 | the Illinois Motor Carrier of Property Law, as amended.
| ||||||
5 | (7) (a) Upon the suspension, revocation or denial of | ||||||
6 | one or more of all
reciprocal benefits, privileges and | ||||||
7 | exemptions existing pursuant to the
terms and | ||||||
8 | provisions of this Code or by virtue of a reciprocal | ||||||
9 | agreement
or arrangement or declaration thereunder; | ||||||
10 | or, upon the suspension, revocation
or denial of a | ||||||
11 | reciprocity permit; or, upon any action or inaction of | ||||||
12 | the
Secretary in the administration and enforcement of | ||||||
13 | the provisions of this
Code, any person, resident or | ||||||
14 | nonresident, so aggrieved, may serve upon
the | ||||||
15 | Secretary, a petition in writing and under oath, | ||||||
16 | setting forth the
grievance of the petitioner, the | ||||||
17 | grounds and basis for the relief sought,
and all | ||||||
18 | necessary facts and particulars, and request an | ||||||
19 | administrative
hearing thereon. Within 20 days, the | ||||||
20 | Secretary shall set a hearing date as
early as | ||||||
21 | practical. The Secretary may, in his discretion, | ||||||
22 | supply forms for
such a petition.
The Secretary may | ||||||
23 | require the payment of a fee of not more than $50 for | ||||||
24 | the
filing of any petition, motion, or request for | ||||||
25 | hearing conducted pursuant to
this Section. These fees | ||||||
26 | must be deposited into the Secretary of State DUI
|
| |||||||
| |||||||
1 | Administration Fund, a special fund that is hereby | ||||||
2 | created in the State
treasury, and, subject
to | ||||||
3 | appropriation and as directed by the Secretary of | ||||||
4 | State, shall be used to
fund
the operation of the | ||||||
5 | hearings department of the Office of the Secretary of
| ||||||
6 | State
and for no other purpose. The
Secretary shall | ||||||
7 | establish by rule the amount and the procedures, terms, | ||||||
8 | and
conditions relating to these fees.
| ||||||
9 | (b) The Secretary may likewise, in his discretion | ||||||
10 | and upon his own
petition,
order a hearing, when in his | ||||||
11 | best judgment, any person is not entitled to
the | ||||||
12 | reciprocal benefits, privileges and exemptions | ||||||
13 | existing pursuant to
the terms and provisions of this | ||||||
14 | Code or under a reciprocal agreement or
arrangement or | ||||||
15 | declaration thereunder or that a vehicle owned or | ||||||
16 | operated
by such person is improperly registered or | ||||||
17 | licensed, or that an Illinois
resident has improperly | ||||||
18 | registered or licensed a vehicle in another
| ||||||
19 | jurisdiction for the purposes of violating or avoiding | ||||||
20 | the registration
laws of this State.
| ||||||
21 | (c) The Secretary shall notify a petitioner or any | ||||||
22 | other person involved
of such a hearing, by giving at | ||||||
23 | least 10 days notice, in writing, by U.S.
Mail, | ||||||
24 | Registered or Certified, or by personal service, at the | ||||||
25 | last known
address of such petitioner or person, | ||||||
26 | specifying the time and place of such
hearing. Such |
| |||||||
| |||||||
1 | hearing shall be held before the Secretary, or any | ||||||
2 | person
as he may designate, and unless the parties | ||||||
3 | mutually agree to some other
county in Illinois, the | ||||||
4 | hearing shall be held in the County of Sangamon
or the | ||||||
5 | County of Cook. Appropriate records of the hearing | ||||||
6 | shall be kept,
and the Secretary shall issue or cause | ||||||
7 | to be issued, his decision on the
case, within 30 days | ||||||
8 | after the close of such hearing or within 30 days after
| ||||||
9 | receipt of the transcript thereof, and a copy shall | ||||||
10 | likewise be served or
mailed to the petitioner or | ||||||
11 | person involved.
| ||||||
12 | (d) The actions or inactions or determinations, or | ||||||
13 | findings and decisions
upon an administrative hearing, | ||||||
14 | of the Secretary, shall be subject to judicial
review | ||||||
15 | in the Circuit Court of the County of Sangamon or the | ||||||
16 | County of Cook,
and the provisions of the | ||||||
17 | Administrative Review Law,
and all amendments and | ||||||
18 | modifications thereof and rules adopted pursuant
| ||||||
19 | thereto, apply to and govern all such reviewable | ||||||
20 | matters.
| ||||||
21 | Any reciprocal agreements or arrangements entered | ||||||
22 | into by the Secretary
of State or any declarations | ||||||
23 | issued by the Secretary of State pursuant to
any law in | ||||||
24 | effect prior to the effective date of this Code are not | ||||||
25 | hereby
abrogated, and such shall continue in force and | ||||||
26 | effect until amended pursuant
to the provisions of this |
| |||||||
| |||||||
1 | Code or expire pursuant to the terms or provisions
| ||||||
2 | thereof.
| ||||||
3 | (Source: P.A. 92-418, eff. 8-17-01; 92-651, eff. 7-11-02.)
| ||||||
4 | (625 ILCS 5/3-404) (from Ch. 95 1/2, par. 3-404)
| ||||||
5 | Sec. 3-404.
Vehicles of second division carrying persons or
| ||||||
6 | property - Required documents. The Secretary of State shall
| ||||||
7 | require an appropriate document, including but not limited to a
| ||||||
8 | bill of lading, trip manifest or
dispatch record, to be | ||||||
9 | carried, on all vehicles of the second
division, carrying | ||||||
10 | persons or property setting forth therein:
| ||||||
11 | (a) the point of origin and destination of the vehicle and
| ||||||
12 | its cargo or the persons being carried;
| ||||||
13 | (b) whether the movement is for-hire or not-for-hire; and
| ||||||
14 | (c) whether the movement is intrastate or interstate as | ||||||
15 | defined
by this Act.
| ||||||
16 | The Secretary of State shall promulgate and publish | ||||||
17 | reasonable
rules and regulations for the administration and | ||||||
18 | enforcement of
this requirement. Vehicles bearing valid | ||||||
19 | current Illinois
registration plate or plates or digital | ||||||
20 | registration plate or plates and registration stickers or | ||||||
21 | digital registration stickers where
applicable shall be | ||||||
22 | exempted from such requirement by the
Secretary of State | ||||||
23 | whether the movement is "intrastate" or
"interstate" as defined | ||||||
24 | in this Act.
| ||||||
25 | (Source: P.A. 80-230.)
|
| |||||||
| |||||||
1 | (625 ILCS 5/3-412) (from Ch. 95 1/2, par. 3-412)
| ||||||
2 | Sec. 3-412. Registration plates or digital registration | ||||||
3 | plates and registration stickers or digital registration | ||||||
4 | stickers to be
furnished by the Secretary of State. | ||||||
5 | (a) The Secretary of State upon registering a vehicle | ||||||
6 | subject to annual
registration for the first time shall issue | ||||||
7 | or shall cause to be issued to the
owner one registration plate | ||||||
8 | or digital registration plate for a motorcycle, trailer, | ||||||
9 | semitrailer, moped, autocycle, or truck-tractor, 2 | ||||||
10 | registration plates , or a digital registration plate and metal | ||||||
11 | plate as set forth in Section 3-401.5, for other motor vehicles
| ||||||
12 | and, where applicable, current registration stickers or | ||||||
13 | digital registration stickers for motor vehicles of the
first | ||||||
14 | division. The provisions of this Section may be made applicable | ||||||
15 | to such
vehicles of the second division, as the Secretary of | ||||||
16 | State may, from time to
time, in his discretion designate. On | ||||||
17 | subsequent annual registrations
during the term of the | ||||||
18 | registration plate or digital registration plate as provided in | ||||||
19 | Section 3-414.1, the
Secretary shall issue or cause to be | ||||||
20 | issued registration stickers or digital registration stickers | ||||||
21 | as evidence
of current registration. However, the issuance of | ||||||
22 | annual registration stickers or digital registration stickers
| ||||||
23 | to vehicles registered under the provisions of Sections 3-402.1 | ||||||
24 | and 3-405.3 of
this Code may not be required if the Secretary | ||||||
25 | deems the issuance unnecessary.
|
| |||||||
| |||||||
1 | (b) Every registration plate or digital registration plate | ||||||
2 | shall have displayed upon it the registration
number assigned | ||||||
3 | to the vehicle for which it is issued, the name of this State,
| ||||||
4 | which may be abbreviated, the year number for which it was | ||||||
5 | issued, which may
be abbreviated, the phrase "Land of Lincoln" | ||||||
6 | (except as otherwise provided in
this Code), and such other | ||||||
7 | letters or numbers as the Secretary
may prescribe. However, for | ||||||
8 | apportionment plates issued to vehicles registered
under | ||||||
9 | Section 3-402.1 and fleet plates issued to vehicles registered | ||||||
10 | under
Section 3-405.3, the phrase "Land of Lincoln" may be | ||||||
11 | omitted to allow for
the word "apportioned", the word "fleet", | ||||||
12 | or other similar language to be
displayed. Registration plates | ||||||
13 | or digital registration plates issued to a vehicle registered | ||||||
14 | as a fleet
vehicle may display a designation determined by the | ||||||
15 | Secretary.
| ||||||
16 | The Secretary may in his discretion prescribe
that letters | ||||||
17 | be used as prefixes only on registration plates or digital | ||||||
18 | registration plates issued to vehicles
of the first division | ||||||
19 | which are registered under this Code and only as suffixes
on | ||||||
20 | registration plates or digital registration plates issued to | ||||||
21 | other vehicles. Every registration sticker or digital | ||||||
22 | registration sticker
issued as evidence of current | ||||||
23 | registration shall designate the year number
for which it is | ||||||
24 | issued and such other letters or numbers as the Secretary may
| ||||||
25 | prescribe and shall be of a contrasting color with the | ||||||
26 | registration plates or digital registration plates and
|
| |||||||
| |||||||
1 | registration stickers or digital registration stickers of the | ||||||
2 | previous year.
| ||||||
3 | (c) Each registration plate or digital registration plate | ||||||
4 | and the required letters and numerals thereon,
except the year | ||||||
5 | number for which issued, shall be of sufficient size to be
| ||||||
6 | plainly readable from a distance of 100 feet during daylight, | ||||||
7 | and shall be
coated with reflectorizing material. The | ||||||
8 | dimensions of the plate issued to
vehicles of the first | ||||||
9 | division shall be 6 by 12 inches.
| ||||||
10 | (d) The Secretary of State shall issue for every passenger | ||||||
11 | motor vehicle
rented without a driver the same type of | ||||||
12 | registration plates or digital registration plates as the type | ||||||
13 | of
plates issued for a private passenger vehicle.
| ||||||
14 | (e) The Secretary of State shall issue for every passenger
| ||||||
15 | car used as a taxicab or livery, distinctive registration | ||||||
16 | plates or digital registration plates .
| ||||||
17 | (f) The Secretary of State shall issue for every motorcycle
| ||||||
18 | distinctive registration plates or digital registration plates | ||||||
19 | distinguishing between
motorcycles having 150 or more cubic | ||||||
20 | centimeters piston
displacement, or having less than 150 cubic | ||||||
21 | centimeter
piston displacement.
| ||||||
22 | (g) Registration plates or digital registration plates | ||||||
23 | issued to vehicles for-hire may
display a designation as | ||||||
24 | determined by the Secretary that
such vehicles are for-hire.
| ||||||
25 | (h) (Blank).
| ||||||
26 | (i) The Secretary of State shall issue for every public and |
| |||||||
| |||||||
1 | private
ambulance registration plates or digital registration | ||||||
2 | plates identifying the vehicle as an ambulance.
The Secretary | ||||||
3 | shall forward to the Department of Healthcare and Family | ||||||
4 | Services registration
information for the purpose of | ||||||
5 | verification of claims filed with the
Department by ambulance | ||||||
6 | owners for payment for services to public assistance
| ||||||
7 | recipients.
| ||||||
8 | (j) The Secretary of State shall issue for every public and | ||||||
9 | private
medical carrier or rescue vehicle livery registration | ||||||
10 | plates or digital registration plates displaying
numbers | ||||||
11 | within ranges of numbers reserved respectively for medical | ||||||
12 | carriers
and rescue vehicles. The Secretary shall forward to | ||||||
13 | the Department of Healthcare and Family Services registration | ||||||
14 | information for the purpose of verification of claims filed
| ||||||
15 | with the Department by owners of medical carriers or rescue | ||||||
16 | vehicles for
payment for services to public assistance | ||||||
17 | recipients.
| ||||||
18 | (k) The Secretary of State shall issue distinctive license | ||||||
19 | plates or digital registration plates or distinctive license | ||||||
20 | plate stickers or digital registration stickers for every | ||||||
21 | vehicle exempted from subsections (a) and (a-5) of Section | ||||||
22 | 12-503 by subsection (g) of that Section, and by subsection | ||||||
23 | (g-5) of that Section before its deletion by this amendatory | ||||||
24 | Act of the 95th General Assembly. The Secretary shall issue | ||||||
25 | these plates or stickers immediately upon receiving the | ||||||
26 | physician's certification required under subsection (g) of |
| |||||||
| |||||||
1 | Section 12-503. New plates or stickers shall also be issued | ||||||
2 | when the certification is renewed as provided in that | ||||||
3 | subsection.
| ||||||
4 | (l) The Secretary of State shall issue distinctive | ||||||
5 | registration plates or digital registration plates for | ||||||
6 | low-speed vehicles. | ||||||
7 | (m) The Secretary of State shall issue distinctive | ||||||
8 | registration plates or digital registration plates for | ||||||
9 | autocycles. The dimensions of the plate issued to autocycles | ||||||
10 | shall be 4 by 7 inches. | ||||||
11 | (Source: P.A. 98-777, eff. 1-1-15 .)
| ||||||
12 | (625 ILCS 5/3-413) (from Ch. 95 1/2, par. 3-413)
| ||||||
13 | Sec. 3-413. Display of registration plates or digital | ||||||
14 | registration plates , registration stickers or digital | ||||||
15 | registration stickers ,
and drive-away permits; registration | ||||||
16 | plate or digital registration plate covers. | ||||||
17 | (a) Registration plates or digital registration plates | ||||||
18 | issued for a
motor vehicle other than a motorcycle, autocycle, | ||||||
19 | trailer, semitrailer,
truck-tractor, apportioned bus, or | ||||||
20 | apportioned truck shall be attached
thereto, one in the front | ||||||
21 | and one in the
rear. The registration plate or digital | ||||||
22 | registration plate issued for a motorcycle, autocycle, trailer | ||||||
23 | or
semitrailer required to be registered hereunder and any | ||||||
24 | apportionment
plate issued to a bus under the provisions of | ||||||
25 | this Code shall be attached
to the rear thereof. The |
| |||||||
| |||||||
1 | registration plate or digital registration plate issued for a | ||||||
2 | truck-tractor or
an apportioned truck required to be registered | ||||||
3 | hereunder shall be
attached to the front thereof.
| ||||||
4 | (b) Except for vehicles with rear loaded motorized | ||||||
5 | forklifts, every registration plate or digital registration | ||||||
6 | plate shall at all times be securely fastened
in a horizontal | ||||||
7 | position to the vehicle for which it is issued so as to
prevent | ||||||
8 | the plate from swinging and at a height of not less than 5
| ||||||
9 | inches from the ground, measuring from the bottom of such | ||||||
10 | plate, in a
place and position to be clearly visible and shall | ||||||
11 | be maintained in a
condition to be clearly legible, free
from | ||||||
12 | any materials that would obstruct the visibility of the plate. | ||||||
13 | A registration plate or digital registration plate on a | ||||||
14 | motorcycle may be mounted vertically as long as it is otherwise | ||||||
15 | clearly visible. Registration stickers or digital registration | ||||||
16 | stickers issued as
evidence of renewed annual registration | ||||||
17 | shall be attached to registration
plates or displayed on | ||||||
18 | digital registration plates as required by the Secretary of | ||||||
19 | State, and be clearly visible at
all times. For those vehicles | ||||||
20 | with rear loaded motorized forklifts, if the rear plate is | ||||||
21 | securely fastened in a horizontal position as prescribed, the | ||||||
22 | plate and registration sticker shall not be required to be | ||||||
23 | clearly visible at all times as a result of the rear mounted | ||||||
24 | motorized forklift obstructing the view.
| ||||||
25 | (c) Every drive-away permit issued pursuant to this
Code | ||||||
26 | shall
be firmly attached to the motor vehicle in the manner |
| |||||||
| |||||||
1 | prescribed by the Secretary of State. If a drive-away permit is | ||||||
2 | affixed to a motor vehicle in any other manner the
permit shall | ||||||
3 | be void and of no effect.
| ||||||
4 | (d) The Illinois prorate decal issued to a foreign | ||||||
5 | registered
vehicle part of a fleet prorated or apportioned with | ||||||
6 | Illinois, shall be
displayed on a registration plate or digital | ||||||
7 | registration plate and displayed on the front of such
vehicle | ||||||
8 | in the same manner as an Illinois registration plate or digital | ||||||
9 | registration plate .
| ||||||
10 | (e) The registration plate or digital registration plate | ||||||
11 | issued for a camper body mounted on a
truck displaying | ||||||
12 | registration plates or digital registration plates shall be | ||||||
13 | attached to the rear of
the camper body.
| ||||||
14 | (f) No person shall operate a vehicle, nor permit the | ||||||
15 | operation of a
vehicle, upon which is displayed an Illinois | ||||||
16 | registration plate or , plates or digital registration plate or | ||||||
17 | plates
or registration stickers or digital registration | ||||||
18 | stickers , except as provided for in subsection (b) of Section | ||||||
19 | 3-701 of this Code, after the termination of the registration
| ||||||
20 | period for which issued or after the expiration date set | ||||||
21 | pursuant to
Sections 3-414 and 3-414.1 of this Code.
| ||||||
22 | (g) A person may not operate any motor vehicle that is | ||||||
23 | equipped with registration plate or digital registration plate | ||||||
24 | covers. A violation of this subsection (g) or a similar | ||||||
25 | provision of a local ordinance is an offense against laws and | ||||||
26 | ordinances regulating the movement of traffic. |
| |||||||
| |||||||
1 | (h) A person may not sell or offer for sale a registration | ||||||
2 | plate or digital registration plate cover. A violation of this | ||||||
3 | subsection (h) is a business offense. | ||||||
4 | (i) A person may not advertise for the purpose of promoting | ||||||
5 | the sale of registration plate or digital registration plate | ||||||
6 | covers. A violation of this subsection (i) is a business | ||||||
7 | offense. | ||||||
8 | (j) A person may not modify the original manufacturer's | ||||||
9 | mounting location of the rear registration plate or digital | ||||||
10 | registration plate on any vehicle so as to conceal the | ||||||
11 | registration or to knowingly cause it to be obstructed in an | ||||||
12 | effort to hinder a peace officer from obtaining the | ||||||
13 | registration for the enforcement of a violation of this Code, | ||||||
14 | Section 27.1 of the Toll Highway Act concerning toll evasion, | ||||||
15 | or any municipal ordinance. Modifications prohibited by this | ||||||
16 | subsection (j) include but are not limited to the use of an | ||||||
17 | electronic device. A violation of this subsection (j) is a | ||||||
18 | Class A misdemeanor. | ||||||
19 | (Source: P.A. 98-777, eff. 1-1-15; 98-1103, eff. 1-1-15; 99-68, | ||||||
20 | eff. 1-1-16; 99-78, eff. 7-20-15 .)
| ||||||
21 | (625 ILCS 5/3-414) (from Ch. 95 1/2, par. 3-414)
| ||||||
22 | Sec. 3-414. Expiration of registration.
| ||||||
23 | (a) Every vehicle registration under this Chapter and every | ||||||
24 | registration
card and registration plate or digital | ||||||
25 | registration plate or registration sticker or digital |
| |||||||
| |||||||
1 | registration sticker issued hereunder to a
vehicle shall be for | ||||||
2 | the periods specified in this Chapter and shall expire
at | ||||||
3 | midnight on the day and date specified in this Section as | ||||||
4 | follows:
| ||||||
5 | 1. When registered on a calendar year basis commencing | ||||||
6 | January 1,
expiration shall be on the 31st day of December | ||||||
7 | or at such other date as
may be selected in the discretion | ||||||
8 | of the Secretary of State; however,
through December 31, | ||||||
9 | 2004, registrations of apportionable vehicles, | ||||||
10 | motorcycles, motor driven cycles
and pedalcycles shall | ||||||
11 | commence on the first day of April and shall expire
March | ||||||
12 | 31st of the following calendar year;
| ||||||
13 | 1.1. Beginning January 1, 2005, registrations of | ||||||
14 | motorcycles and motor driven cycles shall commence on | ||||||
15 | January 1 and shall expire on December 31 or on another | ||||||
16 | date that may be selected by the Secretary; registrations | ||||||
17 | of apportionable vehicles and pedalcycles, however, shall | ||||||
18 | commence on the first day of April and shall expire March | ||||||
19 | 31 of the following calendar year;
| ||||||
20 | 2. When registered on a 2 calendar year basis | ||||||
21 | commencing January 1
of an even-numbered year, expiration | ||||||
22 | shall be on the 31st day of
December of the ensuing | ||||||
23 | odd-numbered year, or at such other later date
as may be | ||||||
24 | selected in the discretion of the Secretary of State not
| ||||||
25 | beyond March 1 next;
| ||||||
26 | 3. When registered on a fiscal year basis commencing |
| |||||||
| |||||||
1 | July 1,
expiration shall be on the 30th day of June or at | ||||||
2 | such other later date
as may be selected in the discretion | ||||||
3 | of the Secretary of State not
beyond September 1 next;
| ||||||
4 | 4. When registered on a 2 fiscal year basis commencing | ||||||
5 | July 1 of an
even-numbered year, expiration shall be on the | ||||||
6 | 30th day of June of the
ensuing even-numbered year, or at | ||||||
7 | such other later date as may be
selected in the discretion | ||||||
8 | of the Secretary of State not beyond
September 1 next;
| ||||||
9 | 5. When registered on a 4 fiscal year basis commencing | ||||||
10 | July 1 of an
even-numbered year, expiration shall be on the | ||||||
11 | 30th day of June of the
second ensuing even-numbered year, | ||||||
12 | or at such other later date as may be
selected in the | ||||||
13 | discretion of the Secretary of State not beyond
September 1 | ||||||
14 | next.
| ||||||
15 | (a-5) The Secretary may, in his or her discretion, require | ||||||
16 | an owner of a motor vehicle of the first division or a motor | ||||||
17 | vehicle of the second division weighing not more than 8,000 | ||||||
18 | pounds to select the owner's birthday as the date of | ||||||
19 | registration expiration under this Section. If the motor | ||||||
20 | vehicle has more than one registered owner, the owners may | ||||||
21 | select one registered owner's birthday as the date of | ||||||
22 | registration expiration. The Secretary may adopt any rules | ||||||
23 | necessary to implement this subsection. | ||||||
24 | (b) Vehicle registrations of vehicles of the first division | ||||||
25 | shall be
for a calendar year, 2 calendar year, 3 calendar year, | ||||||
26 | or 5 calendar year basis as provided for in this
Chapter.
|
| |||||||
| |||||||
1 | Vehicle registrations of vehicles under Sections 3-808 and
| ||||||
2 | 3-809 shall be on an indefinite term basis or a 2 calendar year | ||||||
3 | basis as
provided for in this Chapter.
| ||||||
4 | Vehicle registrations for vehicles of the second division | ||||||
5 | shall be
for a fiscal year, 2 fiscal year or calendar year | ||||||
6 | basis as provided for
in this Chapter.
| ||||||
7 | Motor vehicles registered under the provisions of
Section | ||||||
8 | 3-402.1 shall
be issued multi-year registration plates or | ||||||
9 | digital registration plates with a new registration card
issued | ||||||
10 | annually upon payment of the appropriate fees. Motor vehicles | ||||||
11 | registered under the provisions of Section 3-405.3 shall be | ||||||
12 | issued multi-year registration plates or digital registration | ||||||
13 | plates with a new multi-year registration card issued pursuant | ||||||
14 | to subsections (j), (k), and (l) of this Section upon payment | ||||||
15 | of the appropriate fees. Apportionable
trailers and | ||||||
16 | apportionable semitrailers registered under the provisions of
| ||||||
17 | Section 3-402.1 shall be issued multi-year registration plates | ||||||
18 | or digital registration plates and cards
that will be subject | ||||||
19 | to revocation for failure to pay annual fees required
by | ||||||
20 | Section 3-814.1. The Secretary shall determine when these | ||||||
21 | vehicles
shall be issued new registration plates or digital | ||||||
22 | registration plates .
| ||||||
23 | (c) Every vehicle registration specified in Section 3-810 | ||||||
24 | and every
registration card and registration plate or digital | ||||||
25 | registration plate or registration sticker or digital | ||||||
26 | registration sticker issued
thereunder shall expire on the 31st |
| |||||||
| |||||||
1 | day of December of each year or at
such other date as may be | ||||||
2 | selected in the discretion of the Secretary of
State.
| ||||||
3 | (d) Every vehicle registration for a vehicle of the second | ||||||
4 | division
weighing over 8,000 pounds,
except as provided in | ||||||
5 | subsection (g) of this Section, and every
registration card and | ||||||
6 | registration plate or registration sticker, or digital | ||||||
7 | registration plate or digital registration sticker, where
| ||||||
8 | applicable, issued hereunder to such vehicles shall be issued | ||||||
9 | for a
fiscal year commencing on July 1st of each registration | ||||||
10 | year. However,
the Secretary of State may, pursuant to an | ||||||
11 | agreement or arrangement or
declaration providing for | ||||||
12 | apportionment of a fleet of vehicles with
other jurisdictions, | ||||||
13 | provide for registration of such vehicles under
apportionment | ||||||
14 | or for all of the vehicles registered in Illinois by an
| ||||||
15 | applicant who registers some of his vehicles under | ||||||
16 | apportionment on a
calendar year basis instead, and the fees or | ||||||
17 | taxes to be paid on a
calendar year basis shall be identical to | ||||||
18 | those specified in this Code
for a fiscal year registration. | ||||||
19 | Provision for installment payment may
also be made.
| ||||||
20 | (e) Semitrailer registrations under apportionment may be | ||||||
21 | on a
calendar year under a reciprocal agreement or arrangement | ||||||
22 | and all other
semitrailer registrations shall be on fiscal year | ||||||
23 | or 2 fiscal year or 4
fiscal year basis as provided for in this | ||||||
24 | Chapter.
| ||||||
25 | (f) The Secretary of State may convert annual registration | ||||||
26 | plates or digital registration plates or
2-year registration |
| |||||||
| |||||||
1 | plates or digital registration plates , whether registered on a | ||||||
2 | calendar year or fiscal
year basis, to multi-year plates. The | ||||||
3 | determination of which plate categories
and when to convert to | ||||||
4 | multi-year plates is solely within the discretion of the
| ||||||
5 | Secretary of State.
| ||||||
6 | (g) After January 1, 1975, each registration, registration | ||||||
7 | card and
registration plate or digital registration plate or | ||||||
8 | registration sticker or digital registration sticker , where | ||||||
9 | applicable, issued for
a recreational vehicle or recreational | ||||||
10 | or camping trailer, except a
house trailer, used exclusively by | ||||||
11 | the owner for recreational purposes,
and not used commercially | ||||||
12 | nor as a truck or bus, nor for hire, shall be
on a calendar year | ||||||
13 | basis; except that the Secretary of State shall
provide for | ||||||
14 | registration and the issuance of registration cards and
plates | ||||||
15 | or registration stickers , or digital registration plates or | ||||||
16 | stickers , where applicable, for one 6-month
period in order to | ||||||
17 | accomplish an orderly transition from a fiscal year
to a | ||||||
18 | calendar year basis. Fees and taxes due under this Code for a
| ||||||
19 | registration year shall be appropriately reduced for such | ||||||
20 | 6-month
transitional registration period.
| ||||||
21 | (h) The Secretary of State may, in order to accomplish an | ||||||
22 | orderly
transition for vehicles registered under Section | ||||||
23 | 3-402.1 of this Code from
a calendar year registration to a | ||||||
24 | March 31st expiration, require applicants
to pay fees and taxes | ||||||
25 | due under this Code on a 15 month registration basis.
However, | ||||||
26 | if in the discretion of the Secretary of State this creates an
|
| |||||||
| |||||||
1 | undue hardship on any applicant the Secretary may allow the | ||||||
2 | applicant to
pay 3 month fees and taxes at the time of | ||||||
3 | registration and the additional
12 month fees and taxes to be | ||||||
4 | payable no later than March 31, 1992.
| ||||||
5 | (i) The Secretary of State may stagger registrations, or | ||||||
6 | change the annual expiration date, as necessary
for the | ||||||
7 | convenience of the public and the efficiency of his Office. In
| ||||||
8 | order to appropriately and effectively accomplish any such | ||||||
9 | staggering, the
Secretary of State is authorized to prorate all | ||||||
10 | required registration fees, rounded to the nearest dollar,
but | ||||||
11 | in no event for a period longer than 18 months, at a monthly | ||||||
12 | rate for
a 12-month registration fee.
| ||||||
13 | (j) The Secretary of State may enter into an agreement with | ||||||
14 | a rental owner, as defined in Section 3-400 of this Code, who | ||||||
15 | registers a fleet of motor vehicles of the first division | ||||||
16 | pursuant to Section 3-405.3 of this Code to provide for the | ||||||
17 | registration of the rental owner's vehicles on a 2 or 3 | ||||||
18 | calendar year basis and the issuance of multi-year registration | ||||||
19 | plates or digital registration plates with a new registration | ||||||
20 | card
issued up to every 3 years. | ||||||
21 | (k) The Secretary of State may provide multi-year | ||||||
22 | registration cards for any registered fleet of motor vehicles | ||||||
23 | of the first or second division that are registered pursuant to | ||||||
24 | Section 3-405.3 of this Code. Each motor vehicle of the | ||||||
25 | registered fleet must carry a unique multi-year registration | ||||||
26 | card that displays the vehicle identification number of the |
| |||||||
| |||||||
1 | registered motor vehicle. The Secretary of State shall | ||||||
2 | promulgate rules in order to implement multi-year | ||||||
3 | registrations. | ||||||
4 | (l) Beginning with the 2018 registration year, the | ||||||
5 | Secretary of State may enter into an agreement with a rental | ||||||
6 | owner, as defined in Section 3-400 of this Code, who registers | ||||||
7 | a fleet of motor vehicles of the first division under Section | ||||||
8 | 3-405.3 of this Code to provide for the registration of the | ||||||
9 | rental owner's vehicle on a 5 calendar year basis. Motor | ||||||
10 | vehicles registered on a 5 calendar year basis shall be issued | ||||||
11 | a distinct registration plate or digital registration plate | ||||||
12 | that expires on a 5-year cycle. The Secretary may prorate the | ||||||
13 | registration of these registration plates or digital | ||||||
14 | registration plates to the length of time remaining in the | ||||||
15 | 5-year cycle. The Secretary may adopt any rules necessary to | ||||||
16 | implement this subsection. | ||||||
17 | (Source: P.A. 99-80, eff. 1-1-16; 99-644, eff. 1-1-17; 100-201, | ||||||
18 | eff. 8-18-17; 100-863, eff. 8-14-18; 100-956, eff. 1-1-19 .)
| ||||||
19 | (625 ILCS 5/3-417) (from Ch. 95 1/2, par. 3-417)
| ||||||
20 | Sec. 3-417. Lost or damaged or stolen cards, plates and | ||||||
21 | registration
stickers. | ||||||
22 | (a) In the event any registration card, plate or digital | ||||||
23 | plate , registration
sticker or digital registration sticker, | ||||||
24 | or other Illinois evidence of proper registration is lost,
| ||||||
25 | mutilated or becomes illegible, the owner or legal |
| |||||||
| |||||||
1 | representative or
successor in interest of the owner of the | ||||||
2 | vehicle for which the same was
issued as shown by the records | ||||||
3 | of the Secretary of State shall
immediately make application | ||||||
4 | for and may obtain a duplicate under a new
registration card, | ||||||
5 | plate or digital plate , registration sticker or digital | ||||||
6 | registration sticker, or other Illinois
evidence of proper | ||||||
7 | registration.
| ||||||
8 | (b) In the event any registration card, plate or digital | ||||||
9 | plate , registration sticker or digital registration sticker,
| ||||||
10 | or other Illinois evidence of proper registration is stolen | ||||||
11 | from the
owner, the owner or legal representative or successor | ||||||
12 | in interest of the
owner of the vehicle shall promptly notify | ||||||
13 | the
Secretary of State, and in order to comply with Section | ||||||
14 | 3-413 of this Act
the owner shall make application for and | ||||||
15 | obtain a
duplicate registration card, plate or digital plate , | ||||||
16 | registration sticker or digital registration sticker, or other
| ||||||
17 | Illinois evidence of proper registration.
| ||||||
18 | (c) The Secretary of State may, if advisable, issue a
| ||||||
19 | substitute or new registration number in lieu of issuing a | ||||||
20 | duplicate.
| ||||||
21 | (d) An applicant for a duplicate shall furnish information
| ||||||
22 | satisfactory to and prescribed by the Secretary of State, and | ||||||
23 | he or she shall
forward with the application, the fees | ||||||
24 | prescribed by law.
| ||||||
25 | (Source: P.A. 81-308.)
|
| |||||||
| |||||||
1 | (625 ILCS 5/3-421) (from Ch. 95 1/2, par. 3-421)
| ||||||
2 | Sec. 3-421. Right of reassignment. | ||||||
3 | (a) Every natural person
shall have the right of | ||||||
4 | reassignment of the license number issued
to him during the | ||||||
5 | current registration plate or digital registration plate term, | ||||||
6 | for the
ensuing registration plate or digital registration | ||||||
7 | plate term, provided his or her application
for reassignment is | ||||||
8 | received in the Office of the Secretary of
State on or before | ||||||
9 | September 30 of the final year of the
registration plate or | ||||||
10 | digital registration plate term as to a vehicle registered on a | ||||||
11 | calendar
year, and on or before March 31 as to a vehicle | ||||||
12 | registered on
a fiscal year. The right of reassignment shall | ||||||
13 | apply to every natural person
under the staggered registration | ||||||
14 | system provided the application for reassignment
is received in | ||||||
15 | the Office of the Secretary of State by the 1st day of the
| ||||||
16 | month immediately preceding the applicant's month of | ||||||
17 | expiration.
| ||||||
18 | In addition, every natural person shall have the right of
| ||||||
19 | reassignment of the license number issued to him for a two-year
| ||||||
20 | registration, for the ensuing two-year period. Where the
| ||||||
21 | two-year period is for two calendar years, the application
for | ||||||
22 | reassignment must be received by the Secretary
of State on or | ||||||
23 | before September 30th of the year preceding
commencement of the | ||||||
24 | two-year period. Where the two-year
period is for two fiscal | ||||||
25 | years commencing on July 1, the
application for reassignment | ||||||
26 | must be received by the Secretary
of State on or before April |
| |||||||
| |||||||
1 | 30th immediately preceding
commencement of the two-year | ||||||
2 | period.
| ||||||
3 | (b) Notwithstanding the above provision, the Secretary of
| ||||||
4 | State shall, subject to the existing right of reassignment,
| ||||||
5 | have the authority to designate new specific combinations of
| ||||||
6 | numerical, alpha-numerical, and numerical-alpha licenses for
| ||||||
7 | vehicles registered on a calendar year or on a fiscal year,
| ||||||
8 | whether the license be issued for one or more years. The new
| ||||||
9 | combinations so specified shall not be subject to the right
of | ||||||
10 | reassignment, and no right of reassignment thereto may at
any | ||||||
11 | future time be acquired.
| ||||||
12 | (Source: P.A. 80-230; 80-1185 .)
| ||||||
13 | (625 ILCS 5/3-501.1) (from Ch. 95 1/2, par. 3-501.1)
| ||||||
14 | Sec. 3-501.1. Transfer or return of vanity or personalized | ||||||
15 | license
plates. When any person who has been issued vanity or | ||||||
16 | personalized license
plates or digital license plates sells, | ||||||
17 | trades , or otherwise releases the ownership of the vehicle
upon | ||||||
18 | which the vanity or personalized license plates or digital | ||||||
19 | license plates have been displayed,
he or she shall immediately | ||||||
20 | report the transfer of such plates or digital plates to an | ||||||
21 | acquired
motor vehicle pursuant to Section 3-501 and pay the | ||||||
22 | transfer fee
or
shall, upon the request of the Secretary, | ||||||
23 | immediately return such plates
to the Secretary of State. The | ||||||
24 | right to
reassignment of the registration plate or digital | ||||||
25 | registration plate number shall apply as provided in
Section |
| |||||||
| |||||||
1 | 3-421 of this Code.
| ||||||
2 | (Source: P.A. 88-78.)
| ||||||
3 | (625 ILCS 5/3-600) (from Ch. 95 1/2, par. 3-600)
| ||||||
4 | Sec. 3-600. Requirements for issuance of special plates.
| ||||||
5 | (a) The Secretary of State shall issue only special plates | ||||||
6 | that have been authorized by the General Assembly. Except as | ||||||
7 | provided in subsection (a-5), the Secretary of State shall not | ||||||
8 | issue a series of special plates, or Universal special plates | ||||||
9 | associated with an organization authorized to issue decals for | ||||||
10 | Universal special plates,
unless applications, as prescribed | ||||||
11 | by the Secretary, have been received for 2,000
plates of that | ||||||
12 | series. Where a special plate is authorized by law to raise | ||||||
13 | funds for a specific civic group, charitable entity, or other | ||||||
14 | identified organization, or when the civic group, charitable | ||||||
15 | entity, or organization is authorized to issue decals for | ||||||
16 | Universal special license plates, and where the Secretary of | ||||||
17 | State has not received the required number of applications to | ||||||
18 | issue that special plate within 2 years of the effective date | ||||||
19 | of the Public Act authorizing the special plate or decal, the | ||||||
20 | Secretary of State's authority to issue the special plate or a | ||||||
21 | Universal special plate associated with that decal is | ||||||
22 | nullified. All applications for special plates shall be on a | ||||||
23 | form designated by the Secretary and shall be accompanied by | ||||||
24 | any civic group's, charitable entity's, or other identified | ||||||
25 | fundraising organization's portion of the additional fee |
| |||||||
| |||||||
1 | associated with that plate or decal. All fees collected under | ||||||
2 | this Section are non-refundable and shall be deposited in the | ||||||
3 | special fund as designated in the enabling legislation, | ||||||
4 | regardless of whether the plate or decal is produced. Upon the | ||||||
5 | adoption of this amendatory Act of the 99th General Assembly, | ||||||
6 | no further special license plates shall be authorized by the | ||||||
7 | General Assembly unless that special license plate is | ||||||
8 | authorized under subsection (a-5) of this Section.
| ||||||
9 | (a-5) If the General Assembly authorizes the issuance of a | ||||||
10 | special plate that recognizes the applicant's military service | ||||||
11 | or receipt of a military medal or award, the Secretary may | ||||||
12 | immediately begin issuing that special plate. | ||||||
13 | (b) The Secretary of State, upon issuing a new series of | ||||||
14 | special license
plates, shall notify all law enforcement | ||||||
15 | officials of the design, color and
other special features of | ||||||
16 | the special license plate series.
| ||||||
17 | (c) This Section shall not apply to the
Secretary of | ||||||
18 | State's discretion as established in Section 3-611.
| ||||||
19 | (d) If a law authorizing a special license plate provides | ||||||
20 | that the sponsoring organization is to designate a charitable | ||||||
21 | entity as the recipient of the funds from the sale of that | ||||||
22 | license plate, the designated charitable entity must be in | ||||||
23 | compliance with the registration and reporting requirements of | ||||||
24 | the Charitable Trust Act and the Solicitation for Charity Act. | ||||||
25 | In addition, the charitable entity must annually provide the | ||||||
26 | Secretary of State's office a letter of compliance issued by |
| |||||||
| |||||||
1 | the Illinois Attorney General's office verifying the entity is | ||||||
2 | in compliance with the Acts. | ||||||
3 | In the case of a law in effect before the effective date of | ||||||
4 | this amendatory Act of the 97th General Assembly, the name of | ||||||
5 | the charitable entity which is to receive the funds shall be | ||||||
6 | provided to the Secretary of State within one year after the | ||||||
7 | effective date of this amendatory Act of the 97th General | ||||||
8 | Assembly. In the case of a law that takes effect on or after | ||||||
9 | the effective date of this amendatory Act of the 97th General | ||||||
10 | Assembly, the name of the charitable entity which is to receive | ||||||
11 | the funds shall be provided to the Secretary of State within | ||||||
12 | one year after the law takes effect. If the organization fails | ||||||
13 | to designate an appropriate charitable entity within the | ||||||
14 | one-year period, or if the designated charitable entity fails | ||||||
15 | to annually provide the Secretary of State a letter of | ||||||
16 | compliance issued by the Illinois Attorney General's office, | ||||||
17 | any funds collected from the sale of plates authorized for that | ||||||
18 | organization and not previously disbursed shall be transferred | ||||||
19 | to the General Revenue Fund, and the special plates shall be | ||||||
20 | discontinued. | ||||||
21 | (e) If fewer than 1,000 sets of any special license plate | ||||||
22 | authorized by law and issued by the Secretary of State are | ||||||
23 | actively registered for 2 consecutive calendar years, the | ||||||
24 | Secretary of State may discontinue the issuance of that special | ||||||
25 | license plate or require that special license plate to be | ||||||
26 | exchanged for Universal special plates with appropriate |
| |||||||
| |||||||
1 | decals. | ||||||
2 | (f) Where special license plates have been discontinued | ||||||
3 | pursuant to subsection (d) or (e) of this Section, or when the | ||||||
4 | special license plates are required to be exchanged for | ||||||
5 | Universal special plates under subsection (e) of this Section, | ||||||
6 | all previously issued plates of that type shall be recalled. | ||||||
7 | Owners of vehicles which were registered with recalled plates | ||||||
8 | shall not be charged a reclassification or registration sticker | ||||||
9 | replacement plate fee upon the issuance of new plates for those | ||||||
10 | vehicles. | ||||||
11 | (g) Any special plate that is authorized to be issued for | ||||||
12 | motorcycles may also be issued for autocycles. | ||||||
13 | (h) The Secretary may use alternating numeric and | ||||||
14 | alphabetical characters when issuing a special registration | ||||||
15 | plate authorized under this Chapter. | ||||||
16 | (i) The Secretary of State may issue digital registration | ||||||
17 | plates and stickers in accordance with this Section and Section | ||||||
18 | 3-401.5. | ||||||
19 | (Source: P.A. 99-483, eff. 7-1-16; 100-956, eff. 1-1-19 .)
| ||||||
20 | (625 ILCS 5/3-607) (from Ch. 95 1/2, par. 3-607)
| ||||||
21 | Sec. 3-607. Amateur Radio Operators. Amateur radio | ||||||
22 | operators may obtain the
issuance of registration plates or | ||||||
23 | digital registration plates for motor vehicles of the first | ||||||
24 | division, and
second division motor vehicles under 8,000 | ||||||
25 | pounds, corresponding to their call
letters, provided they make |
| |||||||
| |||||||
1 | application therefor, which is subject to the
staggered | ||||||
2 | registration system, prior to October 1st of the final year of | ||||||
3 | the
current registration plate or digital registration plate | ||||||
4 | term and pay an additional fee of $4.
| ||||||
5 | (Source: P.A. 91-37, eff. 7-1-99.)
| ||||||
6 | (625 ILCS 5/3-609) (from Ch. 95 1/2, par. 3-609)
| ||||||
7 | Sec. 3-609. Plates for veterans with disabilities. | ||||||
8 | (a) Any veteran who holds proof of a service-connected | ||||||
9 | disability from the United States Department of Veterans | ||||||
10 | Affairs, and who has obtained certification from a licensed | ||||||
11 | physician, physician assistant, or advanced practice | ||||||
12 | registered nurse that the service-connected disability | ||||||
13 | qualifies the veteran for issuance of registration plates or | ||||||
14 | digital registration plates or decals to a person with | ||||||
15 | disabilities in accordance with Section 3-616, may, without the | ||||||
16 | payment of any registration fee, make application to the | ||||||
17 | Secretary of State for license plates for veterans with | ||||||
18 | disabilities displaying the international symbol of access, | ||||||
19 | for the registration of one motor vehicle of the first division | ||||||
20 | or one motor vehicle of the second division weighing not more | ||||||
21 | than 8,000 pounds. | ||||||
22 | (b) Any veteran who holds proof of a service-connected | ||||||
23 | disability from the United States Department of Veterans | ||||||
24 | Affairs, and whose degree of disability has been declared to be | ||||||
25 | 50% or more, but whose disability does not qualify the veteran |
| |||||||
| |||||||
1 | for a plate or decal for persons with disabilities under | ||||||
2 | Section 3-616, may, without the payment of any registration | ||||||
3 | fee, make application to the Secretary for a special | ||||||
4 | registration plate or digital registration plate without the | ||||||
5 | international symbol of access for the registration of one | ||||||
6 | motor vehicle of the first division or one motor vehicle of the | ||||||
7 | second division weighing not more than 8,000 pounds.
| ||||||
8 | (c) Renewal of such registration must be accompanied with | ||||||
9 | documentation
for eligibility of registration without fee | ||||||
10 | unless the applicant has a
permanent qualifying disability, and | ||||||
11 | such registration plates or digital registration plates may not | ||||||
12 | be
issued to any person not eligible therefor. The Illinois | ||||||
13 | Department of Veterans' Affairs may assist in providing the
| ||||||
14 | documentation of disability.
| ||||||
15 | (d) The design and color of the plates shall be within the | ||||||
16 | discretion of the Secretary, except that the plates issued | ||||||
17 | under subsection (b) of this Section shall not contain the | ||||||
18 | international symbol of access. The Secretary may, in his or | ||||||
19 | her discretion, allow the plates to be issued as vanity or | ||||||
20 | personalized plates in accordance with Section 3-405.1 of this | ||||||
21 | Code. Registration shall be for a multi-year period and may be | ||||||
22 | issued staggered registration. | ||||||
23 | (e) Any person eligible to receive license plates under | ||||||
24 | this Section who has been approved for benefits under the | ||||||
25 | Senior Citizens and Persons with Disabilities Property Tax | ||||||
26 | Relief Act, or who has claimed and received a grant under that |
| |||||||
| |||||||
1 | Act, shall pay a fee of $24 instead of the fee otherwise | ||||||
2 | provided in this Code for passenger cars displaying standard | ||||||
3 | multi-year registration plates or digital registration plates | ||||||
4 | issued under Section 3-414.1, for motor vehicles registered at | ||||||
5 | 8,000 pounds or less under Section 3-815(a), or for | ||||||
6 | recreational vehicles registered at 8,000 pounds or less under | ||||||
7 | Section 3-815(b), for a second set of plates under this | ||||||
8 | Section.
| ||||||
9 | (Source: P.A. 99-143, eff. 7-27-15; 100-513, eff. 1-1-18 .)
| ||||||
10 | (625 ILCS 5/3-639)
| ||||||
11 | Sec. 3-639. Special registration plate or digital | ||||||
12 | registration plate for a president of a village or
incorporated | ||||||
13 | town or mayor. | ||||||
14 | (a) The Secretary, upon receipt of all applicable fees and | ||||||
15 | applications made
in the form prescribed by the Secretary, may | ||||||
16 | issue special registration plates or digital registration | ||||||
17 | plates
to presidents of villages and incorporated towns and | ||||||
18 | mayors.
| ||||||
19 | The special plates issued under this Section shall be | ||||||
20 | affixed only to
passenger vehicles of the first division or | ||||||
21 | motor vehicles of the second
division weighing not more than | ||||||
22 | 8,000 pounds.
| ||||||
23 | Plates issued under this Section shall expire according to | ||||||
24 | the multi-year
procedure established by Section 3-414.1 of this | ||||||
25 | Code.
|
| |||||||
| |||||||
1 | (b) The design and color of the special plates shall be | ||||||
2 | wholly within the
discretion of the Secretary. Appropriate | ||||||
3 | documentation, as determined by the
Secretary, shall accompany | ||||||
4 | each application.
| ||||||
5 | (c) An applicant for the special plate shall be charged a | ||||||
6 | $15 fee for
original issuance in addition to the appropriate | ||||||
7 | registration fee. This
additional fee shall be deposited into | ||||||
8 | the Secretary of State Special License
Plate Fund, to be used | ||||||
9 | by the Secretary to help defray the administrative
processing | ||||||
10 | costs.
| ||||||
11 | For each registration renewal period, a $2 fee, in addition | ||||||
12 | to the
appropriate registration fee, shall be charged. This | ||||||
13 | additional fee shall be
deposited into the Secretary of State | ||||||
14 | Special License Plate Fund.
| ||||||
15 | (Source: P.A. 90-527, eff. 11-13-97; 90-655, eff. 7-30-98.)
| ||||||
16 | (625 ILCS 5/3-701) (from Ch. 95 1/2, par. 3-701)
| ||||||
17 | Sec. 3-701. Operation of vehicles without evidence of
| ||||||
18 | registration - Operation under mileage plates when odometer | ||||||
19 | broken or
disconnected. | ||||||
20 | (a) No person shall operate, nor shall an owner knowingly | ||||||
21 | permit to
be
operated, except as provided in subsection (b) of | ||||||
22 | this Section, a vehicle upon any highway unless there shall be | ||||||
23 | attached thereto and
displayed thereon when and as required by | ||||||
24 | law, proper evidence of
registration in Illinois, as follows:
| ||||||
25 | (1) A vehicle required to be registered in Illinois. A |
| |||||||
| |||||||
1 | current and
valid Illinois registration sticker or | ||||||
2 | stickers and plate or plates or digital registration | ||||||
3 | sticker or stickers and digital plate or plates , or
an | ||||||
4 | Illinois temporary registration permit, or a drive-away or
| ||||||
5 | in-transit permit, issued therefor by the Secretary of | ||||||
6 | State.
| ||||||
7 | (2) A vehicle eligible for Reciprocity. A current and | ||||||
8 | valid
reciprocal foreign registration plate or digital | ||||||
9 | registration plate or plates properly issued to such
| ||||||
10 | vehicle or a temporary registration issued therefor, by the | ||||||
11 | reciprocal
State, and, in addition, when required by the | ||||||
12 | Secretary, a current and
valid Illinois Reciprocity Permit | ||||||
13 | or Prorate Decal issued
therefor by the Secretary of State; | ||||||
14 | or except as otherwise expressly
provided for in this | ||||||
15 | Chapter.
| ||||||
16 | (3) A vehicle commuting for repairs in Illinois. A | ||||||
17 | dealer plate issued by a foreign state shall exempt a | ||||||
18 | vehicle from the requirements of this Section if the | ||||||
19 | vehicle is being operated for the purpose of transport to a | ||||||
20 | repair facility in Illinois to have repairs performed on | ||||||
21 | the vehicle displaying foreign dealer plates. The driver of | ||||||
22 | the motor vehicle bearing dealer plates shall provide a | ||||||
23 | work order or contract with the repair facility to a law | ||||||
24 | enforcement officer upon request. | ||||||
25 | (b) A person may operate or permit operation of a vehicle | ||||||
26 | upon any highway a vehicle that has been properly registered |
| |||||||
| |||||||
1 | but does not display a current and valid Illinois registration | ||||||
2 | sticker or digital registration sticker if he or she has proof, | ||||||
3 | in the form of a printed receipt from the Secretary, that he or | ||||||
4 | she registered the vehicle before the previous registration's | ||||||
5 | expiration but has not received a new registration sticker or | ||||||
6 | digital registration sticker from the Secretary. This printed | ||||||
7 | proof of registration is valid for 30 days from the expiration | ||||||
8 | of the previous registration sticker's or digital registration | ||||||
9 | sticker's date. | ||||||
10 | (c) No person shall operate, nor shall any owner knowingly | ||||||
11 | permit to be
operated, any vehicle of the second division for | ||||||
12 | which the owner has
made an election to pay the mileage tax in | ||||||
13 | lieu of the annual flat
weight tax, at any time when the | ||||||
14 | odometer of such vehicle is broken or
disconnected, or is | ||||||
15 | inoperable or not operating.
| ||||||
16 | (Source: P.A. 98-971, eff. 1-1-15; 98-1103, eff. 1-1-15; 99-78, | ||||||
17 | eff. 7-20-15.)
| ||||||
18 | (625 ILCS 5/3-702) (from Ch. 95 1/2, par. 3-702)
| ||||||
19 | Sec. 3-702. Operation of vehicle when registration | ||||||
20 | cancelled,
suspended or revoked. | ||||||
21 | (a) No person shall operate, nor shall an owner
knowingly | ||||||
22 | permit to be operated, upon any highway:
| ||||||
23 | (1) A vehicle the registration of which has been | ||||||
24 | cancelled,
suspended or revoked; or
| ||||||
25 | (2) A vehicle properly registered in another |
| |||||||
| |||||||
1 | Reciprocal State,
the foreign registration of which, or the | ||||||
2 | Illinois Reciprocity
Permit or Decal of which, has been | ||||||
3 | cancelled, suspended or revoked.
| ||||||
4 | (b) No person shall use, nor shall any owner use or | ||||||
5 | knowingly permit the
use of any Illinois registration plate or , | ||||||
6 | plates or digital registration plate or plates or registration | ||||||
7 | sticker or digital registration sticker ,
or any Illinois | ||||||
8 | Reciprocity Permit or Prorate Decal which has
been cancelled, | ||||||
9 | suspended or revoked.
| ||||||
10 | (c) Any violation of this Section is a Class A misdemeanor | ||||||
11 | unless:
| ||||||
12 | 1. the registration of the motor vehicle has been | ||||||
13 | suspended for
noninsurance, then the provisions of Section | ||||||
14 | 3-708 of this Code apply in
lieu of this Section.
| ||||||
15 | 2. the registration of the motor vehicle has been | ||||||
16 | suspended for
failure to purchase a vehicle tax sticker | ||||||
17 | pursuant to Section 3-704.1 of
this Code, then the
| ||||||
18 | violation shall be considered a business offense and the | ||||||
19 | person shall be
required to pay a fine in excess of $500, | ||||||
20 | but not more than $1,000.
| ||||||
21 | (Source: P.A. 86-149; 87-1225 .)
| ||||||
22 | (625 ILCS 5/3-703) (from Ch. 95 1/2, par. 3-703)
| ||||||
23 | Sec. 3-703. Improper use of evidences of registration or | ||||||
24 | certificate
of title. No person shall lend to another any | ||||||
25 | certificate of title,
registration card, registration plate or |
| |||||||
| |||||||
1 | digital registration plate , registration sticker or digital | ||||||
2 | registration sticker , special plate
or permit or other | ||||||
3 | evidences of proper registration issued to him if the
person | ||||||
4 | desiring to borrow the same would not be entitled to the use
| ||||||
5 | thereof, nor shall any person knowingly permit the use of any | ||||||
6 | of the same
by one not entitled thereto, nor shall any person | ||||||
7 | display upon a vehicle
any registration card, registration | ||||||
8 | sticker or digital registration sticker , registration plate or | ||||||
9 | digital registration plate or other
evidences of proper | ||||||
10 | registration not issued for such vehicle or not
otherwise | ||||||
11 | lawfully used thereon under this Code. No person shall | ||||||
12 | duplicate,
alter or attempt to reproduce in any manner a | ||||||
13 | registration plate or digital registration plate or
| ||||||
14 | registration sticker or digital registration sticker issued | ||||||
15 | under this Code. No person shall make
fraudulent use of | ||||||
16 | evidences of registration or certificates of title issued
| ||||||
17 | erroneously by the Secretary of State. No person shall | ||||||
18 | manufacture,
advertise, distribute or sell any certificate of | ||||||
19 | title, registration card,
registration plate or digital | ||||||
20 | registration plate , registration sticker or digital | ||||||
21 | registration sticker , special plate or permit or other
| ||||||
22 | evidences of proper registration which purports to have been | ||||||
23 | issued under
this Code. The Secretary of State may request the | ||||||
24 | Attorney General to seek
a restraining order in the circuit | ||||||
25 | court against any person who violates
this Section by | ||||||
26 | advertising such fraudulent items. Any violation of this
|
| |||||||
| |||||||
1 | Section is a Class C misdemeanor.
| ||||||
2 | (Source: P.A. 86-551.)
| ||||||
3 | (625 ILCS 5/3-704) (from Ch. 95 1/2, par. 3-704)
| ||||||
4 | Sec. 3-704. Authority of Secretary of State to suspend or | ||||||
5 | revoke a registration or
certificate of title; authority to | ||||||
6 | suspend or revoke the registration of a
vehicle. | ||||||
7 | (a) The Secretary of State may suspend or revoke the | ||||||
8 | registration of a
vehicle or a certificate of title, | ||||||
9 | registration card, registration sticker or digital | ||||||
10 | registration sticker ,
registration plate or digital | ||||||
11 | registration plate , disability parking decal or device,
or any | ||||||
12 | nonresident or other permit in any of the following events:
| ||||||
13 | 1. When the Secretary of State is satisfied that such | ||||||
14 | registration or
that such certificate, card, plate or | ||||||
15 | digital plate , registration sticker or digital | ||||||
16 | registration sticker, or permit was
fraudulently or
| ||||||
17 | erroneously issued;
| ||||||
18 | 2. When a registered vehicle has been dismantled or | ||||||
19 | wrecked or is not
properly equipped;
| ||||||
20 | 3. When the Secretary of State determines that any | ||||||
21 | required fees have
not been paid to the Secretary of State, | ||||||
22 | to the Illinois Commerce
Commission, or to the Illinois | ||||||
23 | Department of Revenue under the Motor Fuel Tax Law, and the | ||||||
24 | same are not paid upon reasonable notice and demand;
| ||||||
25 | 4. When a registration card, registration plate or |
| |||||||
| |||||||
1 | digital registration plate , registration sticker or | ||||||
2 | digital registration sticker,
or permit is knowingly
| ||||||
3 | displayed upon a vehicle other than the one for which | ||||||
4 | issued;
| ||||||
5 | 5. When the Secretary of State determines that the | ||||||
6 | owner has committed
any offense under this Chapter | ||||||
7 | involving the registration or the
certificate, card, plate | ||||||
8 | or digital plate , registration sticker or digital | ||||||
9 | registration sticker, or permit to be suspended or
revoked;
| ||||||
10 | 6. When the Secretary of State determines that a | ||||||
11 | vehicle registered
not-for-hire is used or operated | ||||||
12 | for-hire unlawfully, or used or operated
for purposes other | ||||||
13 | than those authorized;
| ||||||
14 | 7. When the Secretary of State determines that an owner | ||||||
15 | of a for-hire
motor vehicle has failed to give proof of | ||||||
16 | financial responsibility as
required by this Act;
| ||||||
17 | 8. When the Secretary determines that the vehicle is | ||||||
18 | not subject to or
eligible for a registration;
| ||||||
19 | 9. When the Secretary determines that the owner of a | ||||||
20 | vehicle registered
under the mileage weight tax option | ||||||
21 | fails to maintain the records specified
by law, or fails to | ||||||
22 | file the reports required by law, or that such vehicle
is | ||||||
23 | not equipped with an operable and operating speedometer or | ||||||
24 | odometer;
| ||||||
25 | 10. When the Secretary of State is so authorized under | ||||||
26 | any other
provision of law;
|
| |||||||
| |||||||
1 | 11. When the Secretary of State determines that the | ||||||
2 | holder of a disability parking decal or device has | ||||||
3 | committed any offense under Chapter 11
of this Code | ||||||
4 | involving the use of a disability parking decal
or device.
| ||||||
5 | (a-5) The Secretary of State may revoke a certificate of | ||||||
6 | title and registration card and issue a corrected certificate | ||||||
7 | of title and registration card, at no fee to the vehicle owner | ||||||
8 | or lienholder, if there is proof that the vehicle | ||||||
9 | identification number is erroneously shown on the original | ||||||
10 | certificate of title.
| ||||||
11 | (b) The Secretary of State may suspend or revoke the | ||||||
12 | registration of a
vehicle as follows:
| ||||||
13 | 1. When the Secretary of State determines that the | ||||||
14 | owner of a vehicle has
not paid a civil penalty or a | ||||||
15 | settlement agreement arising from the
violation of rules | ||||||
16 | adopted under the Illinois Motor Carrier Safety Law or the
| ||||||
17 | Illinois Hazardous Materials Transportation Act or that a | ||||||
18 | vehicle, regardless
of ownership, was the subject of | ||||||
19 | violations of these rules that resulted in a
civil penalty | ||||||
20 | or settlement agreement which remains unpaid.
| ||||||
21 | 2. When the Secretary of State determines that a | ||||||
22 | vehicle registered for a
gross weight of more than 16,000 | ||||||
23 | pounds within an affected area is not in
compliance with | ||||||
24 | the provisions of Section 13-109.1 of the Illinois Vehicle
| ||||||
25 | Code. | ||||||
26 | 3. When the Secretary of State is notified by the |
| |||||||
| |||||||
1 | United States Department of Transportation that a vehicle | ||||||
2 | is in violation of the Federal Motor Carrier Safety | ||||||
3 | Regulations, as they are now or hereafter amended, and is | ||||||
4 | prohibited from operating. | ||||||
5 | (c) The Secretary of State may suspend the registration of | ||||||
6 | a
vehicle when a court finds that the vehicle was used in a | ||||||
7 | violation of Section 24-3A of the Criminal Code of 1961 or the | ||||||
8 | Criminal Code of 2012 relating to gunrunning. A suspension of | ||||||
9 | registration under this subsection (c) may be for a period of | ||||||
10 | up to 90 days.
| ||||||
11 | (Source: P.A. 97-540, eff. 1-1-12; 97-1150, eff. 1-25-13.)
| ||||||
12 | (625 ILCS 5/3-704.1)
| ||||||
13 | Sec. 3-704.1. Municipal vehicle tax liability; suspension | ||||||
14 | of registration.
| ||||||
15 | (a) As used in this Section:
| ||||||
16 | (1) "Municipality" means a city, village or | ||||||
17 | incorporated town with a
population over 1,000,000.
| ||||||
18 | (2) "Vehicle tax" means a motor vehicle tax and any | ||||||
19 | related late fees
or charges imposed by a municipality | ||||||
20 | under Section 8-11-4 of the
Illinois Municipal Code or | ||||||
21 | under the municipality's home rule powers.
| ||||||
22 | (3) "Vehicle owner" means the registered owner or | ||||||
23 | owners of a vehicle
who are residents of the municipality.
| ||||||
24 | (b) A municipality that imposes a vehicle tax may, by | ||||||
25 | ordinance adopted
under this Section, establish a system |
| |||||||
| |||||||
1 | whereby the municipality
notifies the Secretary of State of | ||||||
2 | vehicle tax liability and the Secretary
of State suspends the | ||||||
3 | registration of vehicles for which the tax has not
been paid. | ||||||
4 | An ordinance establishing a system must provide for the | ||||||
5 | following:
| ||||||
6 | (1) A first notice for failure to pay a vehicle tax | ||||||
7 | shall
be sent by first class mail to the vehicle owner at | ||||||
8 | the owner's address
recorded with the Secretary of State | ||||||
9 | whenever the municipality has reasonable
cause to believe | ||||||
10 | that the vehicle owner has failed to pay a vehicle tax as
| ||||||
11 | required by ordinance. The notice shall include at least | ||||||
12 | the following:
| ||||||
13 | (A) The name and address of the vehicle owner.
| ||||||
14 | (B) The registration plate or digital registration | ||||||
15 | plate number of the vehicle.
| ||||||
16 | (C) The period for which the vehicle tax is due.
| ||||||
17 | (D) The amount of vehicle tax that is due.
| ||||||
18 | (E) A statement that the vehicle owner's | ||||||
19 | registration for the
vehicle will be subject to | ||||||
20 | suspension proceedings unless the vehicle owner
pays | ||||||
21 | the vehicle tax or successfully contests the owner's | ||||||
22 | alleged liability
within 30 days of the date of the | ||||||
23 | notice.
| ||||||
24 | (F) An explanation of the vehicle owner's | ||||||
25 | opportunity to be heard
under subsection (c).
| ||||||
26 | (2) If a vehicle owner fails to pay the vehicle tax or |
| |||||||
| |||||||
1 | to contest
successfully the owner's alleged liability | ||||||
2 | within the period specified in the
first notice, a second | ||||||
3 | notice of impending registration suspension shall be
sent | ||||||
4 | by first class mail to the vehicle owner at the owner's | ||||||
5 | address recorded
with the Secretary of State. The notice | ||||||
6 | shall contain the same information as
the first notice, but | ||||||
7 | shall also state that the failure to pay the amount
owing, | ||||||
8 | or to contest successfully the alleged liability within 45 | ||||||
9 | days of the
date of the second notice, will result in the | ||||||
10 | municipality's notification of
the Secretary of State that | ||||||
11 | the vehicle owner is eligible for initiation of
suspension | ||||||
12 | proceedings under this Section.
| ||||||
13 | (c) An ordinance adopted under this Section must also give | ||||||
14 | the
vehicle owner an opportunity to be heard upon the filing of | ||||||
15 | a timely
petition with the municipality. A vehicle owner may | ||||||
16 | contest the alleged
tax liability either through an | ||||||
17 | adjudication by mail or at an
administrative hearing, at the | ||||||
18 | option of the vehicle owner. The grounds
upon which the | ||||||
19 | liability may be contested may be limited to the following:
| ||||||
20 | (1) The alleged vehicle owner does not own the vehicle.
| ||||||
21 | (2) The vehicle is not subject to the vehicle tax by | ||||||
22 | law.
| ||||||
23 | (3) The vehicle tax for the period in question has been | ||||||
24 | paid.
| ||||||
25 | At an administrative hearing, the formal or technical rules | ||||||
26 | of evidence
shall not apply. The hearing shall be recorded. The |
| |||||||
| |||||||
1 | person conducting
the hearing shall have the power to | ||||||
2 | administer oaths and to secure by
subpoena the attendance and | ||||||
3 | testimony of witnesses and the production of
relevant | ||||||
4 | documents.
| ||||||
5 | (d) If a vehicle owner who has been sent a first notice of | ||||||
6 | failure to
pay a vehicle tax and a second notice of impending | ||||||
7 | registration suspension
fails to pay the vehicle tax or to | ||||||
8 | contest successfully the vehicle owner's
liability within the | ||||||
9 | periods specified in the notices, the appropriate
official | ||||||
10 | shall cause a certified report to be sent to the Secretary of
| ||||||
11 | State under subsection (e).
| ||||||
12 | (e) A report of a municipality notifying the Secretary of | ||||||
13 | State of a
vehicle owner's failure to pay a vehicle tax or | ||||||
14 | related fines or penalties
under this Section shall be | ||||||
15 | certified by the appropriate official and
shall contain the | ||||||
16 | following:
| ||||||
17 | (1) The name, last known address, and registration | ||||||
18 | plate or digital registration plate number of the
vehicle | ||||||
19 | of the person who failed to pay the vehicle tax.
| ||||||
20 | (2) The name of the municipality making the report.
| ||||||
21 | (3) A statement that the municipality sent notices as | ||||||
22 | required by
subsection (b); the date on which the notices | ||||||
23 | were sent; the address to
which the notices were sent; and | ||||||
24 | the date of the hearing, if any.
| ||||||
25 | (f) Following receipt of the certified report under this | ||||||
26 | Section,
the Secretary of State shall notify the vehicle owner |
| |||||||
| |||||||
1 | that the vehicle's
registration will be suspended at the end of | ||||||
2 | a reasonable specified period
of time unless the Secretary of | ||||||
3 | State is presented with a notice from the
municipality | ||||||
4 | certifying that the person has paid the necessary vehicle tax,
| ||||||
5 | or that inclusion of that person's name or registration number | ||||||
6 | on the certified
report was in error. The Secretary's notice | ||||||
7 | shall state in substance the
information contained in the | ||||||
8 | certified report from the municipality to the
Secretary, and | ||||||
9 | shall be effective as specified by subsection (c) of Section
| ||||||
10 | 6-211 of this Code. The notice shall also inform the person of | ||||||
11 | the person's
right to a hearing under subsection (g).
| ||||||
12 | (g) An administrative hearing with the Office of the | ||||||
13 | Secretary of State
to contest an impending suspension or a | ||||||
14 | suspension made under this
Section may be had upon filing a | ||||||
15 | written request with the Secretary of
State. The filing fee for | ||||||
16 | this hearing shall be $20 to be paid at the time
the request is | ||||||
17 | made.
| ||||||
18 | (1) The scope of any administrative hearing with the | ||||||
19 | Secretary of
State to contest an impending suspension under | ||||||
20 | this Section shall be
limited to the following issues:
| ||||||
21 | (A) Whether the report of the appropriate official | ||||||
22 | of the municipality
was certified and contained the | ||||||
23 | information required by this Section.
| ||||||
24 | (B) Whether the municipality making the certified | ||||||
25 | report to the
Secretary of State established | ||||||
26 | procedures by ordinance for persons to
challenge the |
| |||||||
| |||||||
1 | accuracy of the certified report.
| ||||||
2 | (C) Whether the Secretary of State notified the | ||||||
3 | vehicle owner
that the vehicle's registration would be | ||||||
4 | suspended at the end of the
specified time period | ||||||
5 | unless the Secretary of State was presented with a
| ||||||
6 | notice from the municipality certifying that the | ||||||
7 | person has purchased the
necessary vehicle tax sticker | ||||||
8 | or that inclusion of that person's name or
registration | ||||||
9 | number on the certified report was in error.
| ||||||
10 | A municipality that files a certified report with the | ||||||
11 | Secretary of State
under this Section shall reimburse the | ||||||
12 | Secretary for all reasonable
costs incurred by the Secretary as | ||||||
13 | a result of the filing of the report,
including but not limited | ||||||
14 | to the costs of providing the notice required
under subsection | ||||||
15 | (f) and the costs incurred by the Secretary in any
hearing | ||||||
16 | conducted with respect to the report under this subsection
and | ||||||
17 | any appeal from that hearing.
| ||||||
18 | (h) After the expiration of the time specified under | ||||||
19 | subsection
(g), the Secretary of State shall, unless the | ||||||
20 | suspension is successfully
contested, suspend the registration | ||||||
21 | of the vehicle until the Secretary
receives notice under | ||||||
22 | subsection (i).
| ||||||
23 | (i) Any municipality making a certified report to the | ||||||
24 | Secretary of State
under this subsection shall notify the | ||||||
25 | Secretary of State, in a form
prescribed by the Secretary, | ||||||
26 | whenever a person named in the certified
report has |
| |||||||
| |||||||
1 | subsequently paid a vehicle tax or whenever the municipality
| ||||||
2 | determines that the original report was in error. A certified | ||||||
3 | copy of the
notification shall also be given upon request and | ||||||
4 | at no additional charge to
the person named in the report. Upon | ||||||
5 | receipt of the notification or
presentation of a certified copy | ||||||
6 | of the notification by the municipality, the
Secretary of State | ||||||
7 | shall terminate the suspension.
| ||||||
8 | (j) To facilitate enforcement of municipal vehicle tax | ||||||
9 | liability, a municipality may provide by ordinance for a | ||||||
10 | program of vehicle immobilization as provided by Section | ||||||
11 | 11-1430.1 of this Code. | ||||||
12 | (Source: P.A. 100-201, eff. 8-18-17.)
| ||||||
13 | (625 ILCS 5/3-706) (from Ch. 95 1/2, par. 3-706)
| ||||||
14 | Sec. 3-706. Owner to return evidences of registration upon | ||||||
15 | cancellation,
revocation or suspension.
Whenever the | ||||||
16 | Secretary of State cancels or revokes the registration of a
| ||||||
17 | vehicle or a certificate of
title, registration card, | ||||||
18 | registration sticker or stickers or digital registration | ||||||
19 | sticker or stickers , registration
plate or plates or digital | ||||||
20 | registration plate or plates , or a
nonresident or other permit | ||||||
21 | or the license of any dealer or wrecker, the
owner or person in | ||||||
22 | possession of the same shall immediately return the
evidences | ||||||
23 | of registration, title or license so cancelled or
revoked to | ||||||
24 | the Secretary.
| ||||||
25 | Whenever the Secretary suspends the registration of a |
| |||||||
| |||||||
1 | vehicle or the
license of any dealer or wrecker, the owner or | ||||||
2 | person in possession of the
same, upon request by the | ||||||
3 | Secretary, shall immediately return all evidence
of the | ||||||
4 | registration or the license so suspended to the Secretary.
| ||||||
5 | (Source: P.A. 85-1201.)
| ||||||
6 | (625 ILCS 5/3-802) (from Ch. 95 1/2, par. 3-802)
| ||||||
7 | Sec. 3-802. Reclassifications and upgrades.
| ||||||
8 | (a) Definitions. For the purposes of this Section, the | ||||||
9 | following words
shall have the meanings ascribed to them as | ||||||
10 | follows:
| ||||||
11 | "Reclassification" means changing the registration of | ||||||
12 | a vehicle from one
plate category to another.
| ||||||
13 | "Upgrade" means increasing the registered weight of a | ||||||
14 | vehicle within the
same plate category.
| ||||||
15 | (b) When reclassing the registration of a vehicle from one | ||||||
16 | plate category
to another, the owner shall receive credit for | ||||||
17 | the unused portion of the
present
plate and be charged the | ||||||
18 | current portion fees for the new plate. In addition,
the | ||||||
19 | appropriate replacement plate and replacement sticker fees | ||||||
20 | shall be
assessed.
| ||||||
21 | (b-5) Beginning with the 2019 registration year, any | ||||||
22 | individual who has a registration issued under either Section | ||||||
23 | 3-405 or 3-405.1 that qualifies for a special license plate | ||||||
24 | under Section 3-609, 3-609.1, 3-620, 3-621, 3-622, 3-623, | ||||||
25 | 3-624, 3-625, 3-626, 3-628, 3-638, 3-642, 3-645, 3-647, 3-650, |
| |||||||
| |||||||
1 | 3-651, 3-664, 3-666, 3-667, 3-668, 3-669, 3-676, 3-677, 3-680, | ||||||
2 | 3-681, 3-683, 3-686, 3-688, 3-693, 3-698, or 3-699.12 may | ||||||
3 | reclass his or her registration upon acquiring a special | ||||||
4 | license plate listed in this subsection (b-5) without a | ||||||
5 | replacement plate or digital plate fee or registration sticker | ||||||
6 | or digital registration sticker cost. | ||||||
7 | (b-10) Beginning with the 2019 registration year, any | ||||||
8 | individual who has a special license plate issued under Section | ||||||
9 | 3-609, 3-609.1, 3-620, 3-621, 3-622, 3-623, 3-624, 3-625, | ||||||
10 | 3-626, 3-628, 3-638, 3-642, 3-645, 3-647, 3-650, 3-651, 3-664, | ||||||
11 | 3-666, 3-667, 3-668, 3-669, 3-676, 3-677, 3-680, 3-681, 3-683, | ||||||
12 | 3-686, 3-688, 3-693, 3-698, or 3-699.12 may reclass his or her | ||||||
13 | special license plate upon acquiring a new registration under | ||||||
14 | Section 3-405 or 3-405.1 without a replacement plate or digital | ||||||
15 | plate fee or registration sticker or digital registration | ||||||
16 | sticker cost. | ||||||
17 | (c) When upgrading the weight of a registration within the | ||||||
18 | same plate
category, the owner shall pay the difference in | ||||||
19 | current period fees between the
two plates. In addition, the | ||||||
20 | appropriate replacement plate and replacement
sticker fees | ||||||
21 | shall be assessed. In the event new plates are not required, | ||||||
22 | the
corrected registration card fee shall be assessed.
| ||||||
23 | (d) In the event the owner of the vehicle desires to change | ||||||
24 | the registered
weight and change the plate category, the owner | ||||||
25 | shall receive credit for the
unused portion of the registration | ||||||
26 | fee of the current plate and pay the current
portion of the |
| |||||||
| |||||||
1 | registration fee for the new plate, and in addition, pay the
| ||||||
2 | appropriate replacement plate
and replacement sticker fees.
| ||||||
3 | (e) Reclassing from one plate category to another plate | ||||||
4 | category can be done
only once within any registration period.
| ||||||
5 | (f) No refunds shall be made in any of the circumstances | ||||||
6 | found in subsection
(b), subsection (c), or subsection (d); | ||||||
7 | however, when reclassing from a flat
weight plate to an | ||||||
8 | apportioned plate, a refund may be issued if the credit amounts | ||||||
9 | to an overpayment.
| ||||||
10 | (g) In the event the registration of a vehicle registered | ||||||
11 | under the mileage
tax option is revoked, the owner shall be | ||||||
12 | required to pay the annual
registration fee in the new plate | ||||||
13 | category and shall not receive any credit for
the mileage plate | ||||||
14 | fees.
| ||||||
15 | (h) Certain special interest plates may be displayed on | ||||||
16 | first division
vehicles, second division vehicles weighing | ||||||
17 | 8,000 pounds or less, and
recreational
vehicles. Those plates | ||||||
18 | can be transferred within those vehicle groups.
| ||||||
19 | (i) Plates displayed on second division vehicles weighing | ||||||
20 | 8,000 pounds or
less and passenger vehicle plates may be | ||||||
21 | reclassed from one division to the
other.
| ||||||
22 | (j) Other than in subsection (i), reclassing from one | ||||||
23 | division to the
other division is prohibited. In addition, a | ||||||
24 | reclass from a motor vehicle to a
trailer or a trailer to a | ||||||
25 | motor vehicle is prohibited.
| ||||||
26 | (Source: P.A. 99-809, eff. 1-1-17; 100-246, eff. 1-1-18; |
| |||||||
| |||||||
1 | 100-450, eff. 1-1-18; 100-863, eff. 8-14-18.)
| ||||||
2 | (625 ILCS 5/3-806.3) (from Ch. 95 1/2, par. 3-806.3)
| ||||||
3 | Sec. 3-806.3. Senior citizens.
Commencing with the 2009 | ||||||
4 | registration year, the registration fee paid by
any vehicle | ||||||
5 | owner who has been approved for benefits under the Senior
| ||||||
6 | Citizens and Persons with Disabilities Property Tax Relief
Act | ||||||
7 | or who is the spouse of such a person shall be $24 instead of | ||||||
8 | the fee
otherwise provided in this Code for passenger cars | ||||||
9 | displaying standard
multi-year registration plates or digital | ||||||
10 | registration plates issued under Section 3-414.1, motor | ||||||
11 | vehicles
displaying special registration plates or digital | ||||||
12 | registration plates issued under Section 3-609, 3-616, 3-621,
| ||||||
13 | 3-622, 3-623, 3-624, 3-625, 3-626, 3-628, 3-638, 3-642, 3-645, | ||||||
14 | 3-647, 3-650,
3-651, or 3-663, motor vehicles registered at | ||||||
15 | 8,000 pounds or less under Section
3-815(a), and recreational | ||||||
16 | vehicles registered at 8,000 pounds or less under
Section | ||||||
17 | 3-815(b). Widows and widowers of claimants shall also be | ||||||
18 | entitled to
this reduced registration fee for the registration | ||||||
19 | year in which the claimant
was eligible.
| ||||||
20 | Commencing with the 2009 registration year, the | ||||||
21 | registration fee paid by
any vehicle owner who has claimed and | ||||||
22 | received a grant under the Senior
Citizens and Persons with | ||||||
23 | Disabilities Property Tax Relief
Act or who is the spouse of | ||||||
24 | such a person shall be $24 instead of the fee
otherwise | ||||||
25 | provided in this Code for passenger cars displaying standard
|
| |||||||
| |||||||
1 | multi-year registration plates or digital registration plates | ||||||
2 | issued under Section 3-414.1, motor vehicles
displaying | ||||||
3 | special registration plates or digital registration plates | ||||||
4 | issued under Section 3-607, 3-609, 3-616, 3-621,
3-622, 3-623, | ||||||
5 | 3-624, 3-625, 3-626, 3-628, 3-638, 3-642, 3-645, 3-647, 3-650, | ||||||
6 | 3-651, 3-663, or 3-664, motor vehicles registered at 8,000 | ||||||
7 | pounds or less under Section
3-815(a), and recreational | ||||||
8 | vehicles registered at 8,000 pounds or less under
Section | ||||||
9 | 3-815(b). Widows and widowers of claimants shall also be | ||||||
10 | entitled to
this reduced registration fee for the registration | ||||||
11 | year in which the claimant
was eligible.
| ||||||
12 | Commencing with the 2017 registration year, the reduced fee | ||||||
13 | under this Section shall apply to any special registration | ||||||
14 | plate or digital registration plate authorized in Article VI of | ||||||
15 | Chapter 3 of this Code for which the applicant would otherwise | ||||||
16 | be eligible. | ||||||
17 | Surcharges for vehicle registrations under Section 3-806 | ||||||
18 | of this Code shall not be collected from any vehicle owner who | ||||||
19 | has been approved for benefits under the Senior Citizens and | ||||||
20 | Disabled Persons Property Tax Relief Act or a person who is the | ||||||
21 | spouse of such a person. | ||||||
22 | No more than one reduced registration fee under this | ||||||
23 | Section shall be
allowed during any 12-month period based on | ||||||
24 | the primary eligibility of any
individual, whether such reduced | ||||||
25 | registration fee is allowed to the
individual or to the spouse, | ||||||
26 | widow or widower of such individual. This
Section does not |
| |||||||
| |||||||
1 | apply to the fee paid in addition to the registration fee
for | ||||||
2 | motor vehicles displaying vanity, personalized, or special | ||||||
3 | license
plates.
| ||||||
4 | (Source: P.A. 99-71, eff. 1-1-16; 99-143, eff. 7-27-15; 99-642, | ||||||
5 | eff. 7-28-16; 99-707, eff. 7-29-16.)
| ||||||
6 | (625 ILCS 5/3-814.3)
| ||||||
7 | Sec. 3-814.3. Registration of fleets of semitrailers or | ||||||
8 | apportionable
semitrailers. The Secretary of State may provide | ||||||
9 | for the registration of large
fleets of semitrailers or | ||||||
10 | apportionable semitrailers by accepting the
appropriate fees | ||||||
11 | and issuing the registration plate or digital registration | ||||||
12 | plate prior to the plate being
assigned to a specific vehicle. | ||||||
13 | The registration indexes will be updated on a
date | ||||||
14 | predetermined by the Secretary of State. In determining this | ||||||
15 | date, the
Secretary of State shall take into consideration the | ||||||
16 | number of vehicles in each
fleet.
| ||||||
17 | (Source: P.A. 89-710, eff. 2-14-97.)
| ||||||
18 | (625 ILCS 5/3-814.4)
| ||||||
19 | Sec. 3-814.4.
Registration of fleet vehicles. The | ||||||
20 | Secretary may issue fleet
vehicle registration plates or | ||||||
21 | digital registration plates to owners of vehicle fleets | ||||||
22 | registered in
accordance with Section 3-405.3 of this Code in | ||||||
23 | bulk before plates are assigned
to specific vehicles. A | ||||||
24 | registration plate or digital registration plate may not be |
| |||||||
| |||||||
1 | displayed on a vehicle,
however, until the plate has been | ||||||
2 | activated on the Secretary's registration
file and the proper | ||||||
3 | fee has been forwarded to the Secretary.
| ||||||
4 | (Source: P.A. 95-331, eff. 8-21-07.)
| ||||||
5 | (625 ILCS 5/3-820) (from Ch. 95 1/2, par. 3-820)
| ||||||
6 | Sec. 3-820. Duplicate Number Plates. Upon filing in the | ||||||
7 | Office of the
Secretary of State an affidavit to the effect | ||||||
8 | that an original number plate
for a vehicle is lost, stolen or | ||||||
9 | destroyed, a duplicate number plate shall
be furnished upon | ||||||
10 | payment of a fee of $6 for each duplicate plate
and a fee of $9 | ||||||
11 | for a pair of duplicate plates.
| ||||||
12 | Upon filing in the Office of the Secretary of State an | ||||||
13 | affidavit to the
effect that an original registration sticker | ||||||
14 | or digital registration sticker for a vehicle is lost,
stolen | ||||||
15 | or destroyed, a new registration sticker or digital | ||||||
16 | registration sticker shall be
furnished upon payment of a fee | ||||||
17 | of $5 for registration stickers or digital registration | ||||||
18 | stickers issued on or before February 28, 2005 and $20 for | ||||||
19 | registration stickers or digital registration stickers issued | ||||||
20 | on or after March 1, 2005.
| ||||||
21 | The Secretary of State may, in his discretion, assign a new | ||||||
22 | number plate
or plates in lieu of a duplicate of the plate or | ||||||
23 | plates so lost, stolen or
destroyed, but such assignment of a | ||||||
24 | new plate or plates shall not affect
the right of the owner to | ||||||
25 | secure a reassignment of his original
registration number in |
| |||||||
| |||||||
1 | the manner provided in this Act. The fee for one new
number | ||||||
2 | plate shall be $6, and for a pair of new number plates,
$9.
| ||||||
3 | For the administration of this Section, the Secretary shall | ||||||
4 | consider the
loss of a registration plate or digital | ||||||
5 | registration plate or plates with properly affixed | ||||||
6 | registration
stickers or digital registration stickers as | ||||||
7 | requiring the payment of: | ||||||
8 | (i) $11 for each duplicate issued on or before February | ||||||
9 | 28, 2005 and $26 for each duplicate issued on or after | ||||||
10 | March 1, 2005; or
| ||||||
11 | (ii)
$14 for a pair of duplicate plates issued on or | ||||||
12 | before February 28, 2005 and $29 for a pair of duplicate | ||||||
13 | plates issued on or after March 1, 2005.
| ||||||
14 | (Source: P.A. 93-840, eff. 7-30-04; 93-1067, eff. 1-15-05.)
| ||||||
15 | (625 ILCS 5/3-824) (from Ch. 95 1/2, par. 3-824)
| ||||||
16 | Sec. 3-824. When fees returnable.
| ||||||
17 | (a) Whenever any application
to the Secretary of State is | ||||||
18 | accompanied by any fee as required by
law and such application | ||||||
19 | is refused or rejected, said fee shall
be returned to said | ||||||
20 | applicant.
| ||||||
21 | (b) Whenever the Secretary of State collects any
fee not | ||||||
22 | required to be paid under the provisions of this Act,
the same | ||||||
23 | shall be refunded to the person paying the same upon
| ||||||
24 | application therefor made within 6 months after the date of
| ||||||
25 | such payment, except as follows: (1) whenever a
refund is |
| |||||||
| |||||||
1 | determined to be due and
owing as a result of an audit, by this | ||||||
2 | State or any other state or province,
in accordance with | ||||||
3 | Section 2-124 of this Code, of a prorate or apportion
license | ||||||
4 | fee payment pursuant to any reciprocal compact or agreement
| ||||||
5 | between this State and any other state or province, and the | ||||||
6 | Secretary for
any reason fails to promptly make such refund, | ||||||
7 | the licensee shall have one
year from the date of the | ||||||
8 | notification of the audit result to file, with
the Secretary, | ||||||
9 | an application for refund found to be due and owing as a
result | ||||||
10 | of such audit; and (2) whenever a person eligible for a reduced
| ||||||
11 | registration fee pursuant to Section
3-806.3 of this Code has | ||||||
12 | paid in excess of the reduced registration fee
owed, the refund | ||||||
13 | applicant shall have 2 years from the date of overpayment
to | ||||||
14 | apply with the Secretary for a refund of that part of payment | ||||||
15 | made in
excess of the established reduced registration fee.
| ||||||
16 | (c) Whenever a person dies after making application for
| ||||||
17 | registration, application for a refund of the registration
fees | ||||||
18 | and taxes may be made if the vehicle is then sold or
disposed | ||||||
19 | of so that the registration plates or digital registration | ||||||
20 | plates , registration
sticker or digital registration sticker | ||||||
21 | and card are never used. The Secretary of State shall
refund | ||||||
22 | the registration fees and taxes upon receipt within 6
months | ||||||
23 | after the application for registration of an application
for | ||||||
24 | refund accompanied with the unused registration plates or | ||||||
25 | digital registration plates or
registration sticker or digital | ||||||
26 | registration sticker and card and proof of both the death of
|
| |||||||
| |||||||
1 | the applicant and the sale or disposition of the vehicle.
| ||||||
2 | (d) Any application for refund received after the times
| ||||||
3 | specified in this Section shall be denied and the applicant
in | ||||||
4 | order to receive a refund must apply to the Court of Claims.
| ||||||
5 | (d-5) Refunds may be granted for any title-related | ||||||
6 | transaction if a title application has not been processed by | ||||||
7 | the Secretary of State. If any application for a certificate of | ||||||
8 | title under Section 3-104 or salvage title under Section 3-118 | ||||||
9 | is verified by the National Motor Vehicle Title Information | ||||||
10 | System (NMVTIS), and receives a warning or error from the | ||||||
11 | NMVTIS reporting that the vehicle requires either a salvage | ||||||
12 | certificate or a junk certificate in lieu of the original | ||||||
13 | applied certificate of title or salvage title, then the | ||||||
14 | applicant shall have 6 months to apply for a refund of cost, or | ||||||
15 | the difference of the certificate of title or salvage | ||||||
16 | certificate. | ||||||
17 | (e) The Secretary of State is authorized to maintain a two
| ||||||
18 | signature revolving checking account with a suitable | ||||||
19 | commercial
bank for the purpose of depositing
and | ||||||
20 | withdrawal-for-return those monies received and determined
| ||||||
21 | upon receipt to be in excess of the amount or amounts required | ||||||
22 | by law.
| ||||||
23 | (f) Refunds on audits performed by Illinois or another | ||||||
24 | member of the
International Registration Plan shall be made in | ||||||
25 | accordance with the procedures
as set forth in the agreement.
| ||||||
26 | (Source: P.A. 99-414, eff. 8-20-15.)
|
| |||||||
| |||||||
1 | (625 ILCS 5/4-104) (from Ch. 95 1/2, par. 4-104)
| ||||||
2 | Sec. 4-104. Offenses relating to possession of titles and | ||||||
3 | registration.
| ||||||
4 | (a) It is a violation of this Chapter for:
| ||||||
5 | 1. A person to possess without authority any | ||||||
6 | manufacturers statement of
origin, certificate of title, | ||||||
7 | salvage certificate, junking certificate,
display | ||||||
8 | certificate of title, registration card, license plate or | ||||||
9 | digital license plate , registration
sticker or digital | ||||||
10 | registration sticker, or temporary registration permit, | ||||||
11 | whether blank or otherwise;
| ||||||
12 | 2. A person to possess any manufacturers certificate of | ||||||
13 | origin, salvage
certificate, junking certificate, | ||||||
14 | certificate of title, display certificate
without complete | ||||||
15 | assignment;
| ||||||
16 | 3. A person to possess any manufacturers statement of | ||||||
17 | origin, salvage
certificate, junking certificate, display | ||||||
18 | certificate or certificate of
title, temporary | ||||||
19 | registration permit, registration card, license plate or | ||||||
20 | digital license plate, or
registration sticker or digital | ||||||
21 | registration sticker knowing it to have been stolen, | ||||||
22 | converted, altered, forged
or counterfeited;
| ||||||
23 | 4. A person to display or affix to a vehicle any | ||||||
24 | certificate of title,
manufacturers statement of origin, | ||||||
25 | salvage certificate, junking certificate,
display |
| |||||||
| |||||||
1 | certificate, temporary registration permit, registration | ||||||
2 | card, license
plate or digital license plate, or | ||||||
3 | registration sticker or digital registration sticker not | ||||||
4 | authorized by law for use on such vehicle;
| ||||||
5 | 5. A person to permit another, not entitled thereto, to | ||||||
6 | use or have
possession of any manufacturers statement of | ||||||
7 | origin, salvage certificate,
junking certificate, display | ||||||
8 | certificate or certificate of title, registration
card, | ||||||
9 | license plate or digital license plate , temporary | ||||||
10 | registration permit, or registration sticker or digital | ||||||
11 | registration sticker ;
| ||||||
12 | 6. A person to fail to mail or deliver to the proper | ||||||
13 | person within a
reasonable period of time after receipt | ||||||
14 | from the Secretary of State, any
certificate of title, | ||||||
15 | salvage certificate, junking certificate, display
| ||||||
16 | certificate, registration card, temporary registration | ||||||
17 | permit, license plate or digital license plate, or
| ||||||
18 | registration sticker or digital registration sticker . If a | ||||||
19 | person mails or delivers reasonable notice to the
proper | ||||||
20 | person after receipt from the Secretary of State, a | ||||||
21 | presumption of
delivery within a reasonable period of time | ||||||
22 | shall exist; provided, however, the
delivery is made, | ||||||
23 | either by mail or otherwise, within 20 days from the date | ||||||
24 | of
receipt from the Secretary of State.
| ||||||
25 | (b) Sentence:
| ||||||
26 | 1. A person convicted of a violation of subsection 1 or |
| |||||||
| |||||||
1 | 2 of paragraph
(a) of this Section is guilty of a Class 4 | ||||||
2 | felony.
| ||||||
3 | 2. A person convicted of a violation of subsection 3 of | ||||||
4 | paragraph (a)
of this Section is guilty of a Class 2 | ||||||
5 | felony.
| ||||||
6 | 3. A person convicted of a violation of either | ||||||
7 | subsection 4 or 5 of
paragraph (a) of this Section is | ||||||
8 | guilty of a Class A misdemeanor and upon
a second or | ||||||
9 | subsequent conviction of such a violation is guilty of a | ||||||
10 | Class
4 felony.
| ||||||
11 | 4. A person convicted of a violation of subsection 6 of | ||||||
12 | paragraph
(a) of this Section is guilty of a petty offense.
| ||||||
13 | (Source: P.A. 87-854; 87-1225; 88-45.)
| ||||||
14 | (625 ILCS 5/4-105) (from Ch. 95 1/2, par. 4-105)
| ||||||
15 | Sec. 4-105. Offenses relating to disposition of titles and | ||||||
16 | registration. | ||||||
17 | (a) It is a violation of this Chapter for:
| ||||||
18 | 1. a person to alter, forge, or counterfeit any | ||||||
19 | manufacturers statement
of origin, certificate of title, | ||||||
20 | salvage certificate, junking certificate,
display | ||||||
21 | certificate, registration sticker or digital registration | ||||||
22 | sticker , registration card, or temporary
registration | ||||||
23 | permit;
| ||||||
24 | 2. a person to alter, forge, or counterfeit an | ||||||
25 | assignment of any manufacturers
statement of origin, |
| |||||||
| |||||||
1 | certificate of title, salvage certificate or junking | ||||||
2 | certificate;
| ||||||
3 | 3. a person to alter, forge, or counterfeit a release | ||||||
4 | of a security interest
on any manufacturers statement of | ||||||
5 | origin, certificate of title, salvage
certificate or | ||||||
6 | junking certificate;
| ||||||
7 | 4. a person to alter, forge, or counterfeit an | ||||||
8 | application for any certificate of
title, salvage | ||||||
9 | certificate, junking certificate, display certificate, | ||||||
10 | registration
sticker or digital registration sticker , | ||||||
11 | registration card, temporary registration permit or | ||||||
12 | license plate;
| ||||||
13 | 5. a person to use a false or fictitious name or | ||||||
14 | address or altered, forged,
counterfeited or stolen | ||||||
15 | manufacturer's identification number, or make a
material | ||||||
16 | false statement, or fail to disclose a security interest, | ||||||
17 | or conceal
any other material fact on any application for | ||||||
18 | any manufacturers statement
of origin, certificate of | ||||||
19 | title, junking certificate, salvage certificate,
| ||||||
20 | registration card, license plate or digital license plate , | ||||||
21 | temporary registration
permit, or registration sticker or | ||||||
22 | digital registration sticker, or commit a fraud in | ||||||
23 | connection with any
application under this Act;
| ||||||
24 | 6. an unauthorized person to have in his possession a | ||||||
25 | blank Illinois
certificate of title paper;
| ||||||
26 | 7. a person to surrender or cause to be surrendered any |
| |||||||
| |||||||
1 | certificate of
title, salvage or junking certificate in | ||||||
2 | exchange for a certificate of
title or other title document | ||||||
3 | from any other state or foreign jurisdiction
for the | ||||||
4 | purpose of changing or deleting an "S.V." or "REBUILT" | ||||||
5 | notation,
odometer reading, or any other information | ||||||
6 | contained on such Illinois certificate.
| ||||||
7 | (b) Sentence:
| ||||||
8 | A person convicted of a violation of this Section shall be | ||||||
9 | guilty of a
Class 2 felony.
| ||||||
10 | (Source: P.A. 84-986.)
| ||||||
11 | (625 ILCS 5/4-204) (from Ch. 95 1/2, par. 4-204)
| ||||||
12 | Sec. 4-204. Police tows; reports, release of vehicles, | ||||||
13 | payment. When
a vehicle is authorized to be towed away as | ||||||
14 | provided in Section
4-202 or 4-203:
| ||||||
15 | (a) The authorization, any hold order, and any release | ||||||
16 | shall be in
writing, or confirmed in writing, with a copy given | ||||||
17 | to the towing service.
| ||||||
18 | (b) The police headquarters or office of the law officer
| ||||||
19 | authorizing the towing shall keep and maintain a record of the | ||||||
20 | vehicle
towed, listing the color, year of manufacture, | ||||||
21 | manufacturer's trade name,
manufacturer's series name, body | ||||||
22 | style, Vehicle Identification Number,
license plate or digital | ||||||
23 | license plate year and number and registration sticker or | ||||||
24 | digital registration sticker year and number
displayed on the | ||||||
25 | vehicle. The record shall
also include the date and hour of |
| |||||||
| |||||||
1 | tow, location towed from, location towed
to, reason for towing | ||||||
2 | and the name of the officer authorizing the tow.
| ||||||
3 | (c) The owner, operator, or other legally entitled person | ||||||
4 | shall be
responsible to the towing service for payment of | ||||||
5 | applicable removal, towing,
storage, and processing charges | ||||||
6 | and collection costs associated with a vehicle
towed or held | ||||||
7 | under order or authorization of a law enforcement agency. If a
| ||||||
8 | vehicle towed or held under order or authorization of a law | ||||||
9 | enforcement agency
is seized by the ordering or authorizing | ||||||
10 | agency or any other law enforcement
or governmental agency and | ||||||
11 | sold, any unpaid removal, towing, storage,
and processing | ||||||
12 | charges and collection costs shall be paid to the towing | ||||||
13 | service
from the proceeds of the sale. If applicable law | ||||||
14 | provides that the proceeds
are to be paid into the treasury of | ||||||
15 | the appropriate civil jurisdiction, then
any unpaid removal, | ||||||
16 | towing, storage, and processing charges and collection
costs | ||||||
17 | shall be paid to the towing service from the treasury of the | ||||||
18 | civil
jurisdiction. That payment shall not, however, exceed the | ||||||
19 | amount of proceeds
from the sale, with the balance to be paid | ||||||
20 | by the owner, operator, or other
legally entitled person.
| ||||||
21 | (d) Upon delivery of a written release order to the towing | ||||||
22 | service, a
vehicle subject to a hold order shall be released to | ||||||
23 | the owner, operator, or
other legally entitled person upon | ||||||
24 | proof of ownership or other entitlement and
upon payment of | ||||||
25 | applicable removal, towing, storage, and processing charges | ||||||
26 | and
collection costs.
|
| |||||||
| |||||||
1 | (Source: P.A. 89-433, eff. 12-15-95.)
| ||||||
2 | (625 ILCS 5/5-202) (from Ch. 95 1/2, par. 5-202)
| ||||||
3 | Sec. 5-202. Tow or Wrecker operators must register tow or | ||||||
4 | wrecker
vehicles. | ||||||
5 | (a) No person in this State shall engage in the business of | ||||||
6 | operating a
tow truck or wrecker or operate a tow or wrecker | ||||||
7 | vehicle until
such person shall register any vehicle to be used | ||||||
8 | for such purpose and
apply for and receive from the Secretary | ||||||
9 | of State a generally distinctive
set of 3 "tow truck" plates | ||||||
10 | for any towing or wrecker vehicle operated by him.
| ||||||
11 | (b) An application for registration for a generally | ||||||
12 | distinctive set of 3
"tow truck" plates
under this Article | ||||||
13 | shall be filed with the Secretary of State, duly
verified by | ||||||
14 | oath and in such form as the Secretary of State may by rule or
| ||||||
15 | regulation prescribe and shall contain the name and business | ||||||
16 | address of
such person, the vehicle identification number of | ||||||
17 | the vehicle for which
such application is made, proof of | ||||||
18 | insurance as set forth in paragraph (d)
of Section 12-606 of
| ||||||
19 | this Code, and such other information concerning the business | ||||||
20 | of the
applicant as the Secretary of State may by rule or | ||||||
21 | regulation prescribe.
| ||||||
22 | (c) The application for registration and a generally | ||||||
23 | distinctive set of
3 "tow truck" plates shall be accompanied by | ||||||
24 | the prescribed fee. Upon
payment of such fee, such registration | ||||||
25 | and application shall be filed and
recorded in the office of |
| |||||||
| |||||||
1 | the Secretary of State. Thereupon the Secretary
of State shall | ||||||
2 | assign and issue to such person a generally distinctive
number | ||||||
3 | for each vehicle and without further expense to him shall | ||||||
4 | deliver to
such person at his place of business address one set
| ||||||
5 | of 3
"tow truck" plates. Such "tow truck" plates shall be used | ||||||
6 | by such
person only on the vehicle for which application was | ||||||
7 | made and the vehicle
being towed, and are not transferable.
| ||||||
8 | (d) All
"tow truck" plates granted under this Section shall | ||||||
9 | expire
by operation of law on December 31 of the calendar year | ||||||
10 | for which they are
granted unless sooner revoked under the | ||||||
11 | provisions of Section 5-501 of this Chapter.
| ||||||
12 | (e) One "tow truck" plate shall be attached to the front | ||||||
13 | and rear of
each registered vehicle, and one "tow truck"
plate
| ||||||
14 | shall be attached to the rear of the vehicle being towed unless | ||||||
15 | the
towed vehicle displays a valid registration plate or | ||||||
16 | digital registration plate visible from the rear
while being | ||||||
17 | towed,
so that the numbers and letter on the plate are
clearly | ||||||
18 | visible to any person following the vehicle being towed. | ||||||
19 | However,
illumination of the rear plate required by subsection | ||||||
20 | (c) of Section
12-201 of this Code shall not apply to the third | ||||||
21 | plate displayed on
the towed vehicle. In
addition, the vehicle | ||||||
22 | registration plates or digital registration plates assigned to | ||||||
23 | the vehicle being
towed shall be displayed as provided in | ||||||
24 | Section 3-413 of this Code.
| ||||||
25 | (Source: P.A. 86-444; 86-565; 86-1028.)
|
| |||||||
| |||||||
1 | (625 ILCS 5/7-303) (from Ch. 95 1/2, par. 7-303)
| ||||||
2 | Sec. 7-303. Suspension of driver's licenses, registration
| ||||||
3 | certificates, license plates or digital license plates, and | ||||||
4 | registration stickers or digital registration stickers for | ||||||
5 | failure to satisfy
judgment. | ||||||
6 | (a) The Secretary of State shall, except as provided in | ||||||
7 | paragraph
(d), suspend the driver's license issued to any
| ||||||
8 | person upon receiving an authenticated report as hereinafter | ||||||
9 | provided for
in Section 7-307 that the
person has failed for a | ||||||
10 | period of 30 days to satisfy any final
judgment in amounts as | ||||||
11 | hereinafter stated, and shall also suspend the
registration | ||||||
12 | certificate, license plates or digital license plates, and | ||||||
13 | registration
sticker or digital registration sticker of the | ||||||
14 | judgment debtor's motor vehicle involved in the crash as | ||||||
15 | indicated in the authenticated report.
| ||||||
16 | (b) The term "judgment" shall mean: A final judgment of any | ||||||
17 | court of
competent jurisdiction of any State, against a person | ||||||
18 | as defendant for
damages on account of bodily injury to or | ||||||
19 | death of any person or damages to
property resulting from the | ||||||
20 | operation, on and after July 12, 1938, of any
motor vehicle.
| ||||||
21 | (c) The term "State" shall mean: Any State, Territory, or | ||||||
22 | possession of
the United States, the District of Columbia, or | ||||||
23 | any province of the
Dominion of Canada.
| ||||||
24 | (d) The Secretary of State shall not suspend the driver's
| ||||||
25 | license, registration certificates, registration stickers or | ||||||
26 | digital registration stickers, or license
plates or digital |
| |||||||
| |||||||
1 | license plates of the judgment debtor, nor shall such judgment | ||||||
2 | debtor be subject
to the suspension provisions of Sections | ||||||
3 | 7-308 and 7-309 if all the following
conditions are met:
| ||||||
4 | 1. At the time of the motor vehicle accident which gave
| ||||||
5 | rise to the unsatisfied
judgment the judgment debtor was | ||||||
6 | covered by a motor vehicle liability
policy or bond meeting | ||||||
7 | the requirements of this Chapter;
| ||||||
8 | 2. The insurance company which issued the policy or | ||||||
9 | bond has failed and
has suspended operations by order of a | ||||||
10 | court;
| ||||||
11 | 3. The judgment debtor had no knowledge of the | ||||||
12 | insurance company's
failure prior to the motor vehicle | ||||||
13 | accident;
| ||||||
14 | 4. Within 30 days after learning of the insurance | ||||||
15 | company's failure the
judgment debtor secured another | ||||||
16 | liability policy or bond meeting the
requirements of this | ||||||
17 | Article relating to future occurrences or accidents;
| ||||||
18 | 5. The insurance company which issued the motor vehicle | ||||||
19 | liability
policy or bond that covered the judgment debtor | ||||||
20 | at the time of the motor
vehicle accident is unable to | ||||||
21 | satisfy the judgment in the amounts specified
in Section | ||||||
22 | 7-311;
| ||||||
23 | 6. The judgment debtor presents to the Secretary of | ||||||
24 | State such
certified documents or other proofs as the | ||||||
25 | Secretary of State may require
that all of the conditions | ||||||
26 | set forth in this Section have been met.
|
| |||||||
| |||||||
1 | (Source: P.A. 98-178, eff. 1-1-14.)
| ||||||
2 | (625 ILCS 5/7-402) (from Ch. 95 1/2, par. 7-402)
| ||||||
3 | Sec. 7-402. Surrender of license to drive and registration. | ||||||
4 | Except as
otherwise provided in this Code or Article V of the | ||||||
5 | Supreme Court Rules,
any person whose
license to drive has been | ||||||
6 | suspended shall immediately
return to the Secretary of State | ||||||
7 | any driver's license,
instruction permit,
restricted driving | ||||||
8 | permit or other evidence of driving privileges held
by such | ||||||
9 | person.
Any driving authorization document issued under | ||||||
10 | Section 6-206.1 or
11-501.1 of this Code shall be returned to | ||||||
11 | the issuing court for proper
processing. Any person whose | ||||||
12 | vehicle registration has been suspended
shall, upon the request | ||||||
13 | of the Secretary, immediately return to the
Secretary any | ||||||
14 | license plates or other evidences of registration held by such
| ||||||
15 | person.
| ||||||
16 | The Secretary is authorized to take possession of any
| ||||||
17 | license to drive, registration certificate, registration | ||||||
18 | sticker or digital registration sticker, or license
plates or | ||||||
19 | digital license plates
upon the suspension
thereof under the | ||||||
20 | provisions of this Code or to direct any
law enforcement | ||||||
21 | officer to
take possession thereof and to return the same to | ||||||
22 | the Secretary.
| ||||||
23 | Any person willfully failing to comply with this Section is | ||||||
24 | guilty of a
Class A misdemeanor and shall be punished as | ||||||
25 | provided in Section 9-110 of this
Code.
|
| |||||||
| |||||||
1 | (Source: P.A. 91-357, eff. 7-29-99.)
| ||||||
2 | (625 ILCS 5/7-602) (from Ch. 95 1/2, par. 7-602)
| ||||||
3 | Sec. 7-602. Insurance card. Every operator of a motor | ||||||
4 | vehicle subject
to Section 7-601 of this Code shall carry | ||||||
5 | within the vehicle evidence of
insurance. The evidence shall be | ||||||
6 | legible and sufficient to demonstrate
that the motor vehicle | ||||||
7 | currently is covered by a liability insurance policy
as | ||||||
8 | required under Section 7-601 of this Code and may include, but | ||||||
9 | is not
limited to, the following:
| ||||||
10 | (a) an insurance card provided by the insurer under | ||||||
11 | this Section;
| ||||||
12 | (b) the combination of proof of purchase of the motor | ||||||
13 | vehicle within
the previous 60 days and a current insurance | ||||||
14 | card issued for the motor
vehicle replaced by such | ||||||
15 | purchase;
| ||||||
16 | (c) the current declarations page of a liability
| ||||||
17 | insurance policy;
| ||||||
18 | (d) a liability insurance binder, certificate
of | ||||||
19 | liability insurance or receipt for payment to an insurer or | ||||||
20 | its
authorized representative for a liability insurance | ||||||
21 | premium, provided such
document contains all information | ||||||
22 | the Secretary of State by rule and
regulation may require;
| ||||||
23 | (e) a current rental agreement;
| ||||||
24 | (f) registration plates or digital registration | ||||||
25 | plates , registration sticker or digital registration |
| |||||||
| |||||||
1 | sticker, or other evidence of
registration issued by the | ||||||
2 | Secretary only upon submission of proof of
liability | ||||||
3 | insurance pursuant to this Code;
| ||||||
4 | (g) a certificate, decal, or other document or device | ||||||
5 | issued by a
governmental agency for a motor vehicle | ||||||
6 | indicating the vehicle is insured
for liability pursuant to | ||||||
7 | law;
| ||||||
8 | (h) the display of electronic images on a cellular | ||||||
9 | phone or other type of portable electronic device. The use | ||||||
10 | of a cellular phone or other type of portable electronic | ||||||
11 | device to display proof of insurance does not constitute | ||||||
12 | consent for a law enforcement officer, court, or other | ||||||
13 | officer of the court to access other contents of the | ||||||
14 | electronic device. Any law enforcement officer, court, or | ||||||
15 | officer of the court presented with the device shall be | ||||||
16 | immune from any liability resulting from damage to the | ||||||
17 | mobile electronic device. | ||||||
18 | An insurance card shall be provided for each motor
vehicle | ||||||
19 | insured by the insurer issuing the liability insurance policy | ||||||
20 | and may be issued in either paper or electronic format. | ||||||
21 | Acceptable electronic formats shall permit display on a | ||||||
22 | cellular phone or other portable electronic device and satisfy | ||||||
23 | all other requirements of law and rule, including this Section, | ||||||
24 | regarding form and content.
| ||||||
25 | The form, contents and manner of issuance of the insurance | ||||||
26 | card shall be
prescribed by rules and regulations of the |
| |||||||
| |||||||
1 | Secretary of State. The Secretary shall adopt rules requiring | ||||||
2 | that reasonable measures be taken to prevent the fraudulent | ||||||
3 | production of insurance cards. The
insurance card shall display | ||||||
4 | an effective date and an expiration date
covering a period of | ||||||
5 | time not to exceed 12 months. The insurance card
shall contain | ||||||
6 | the following disclaimer: "Examine policy exclusions
| ||||||
7 | carefully. This form does not constitute any part of your | ||||||
8 | insurance policy."
If the insurance policy represented by the | ||||||
9 | insurance card does
not cover any driver operating the motor | ||||||
10 | vehicle with the owner's
permission, or the owner when | ||||||
11 | operating a motor vehicle other than the
vehicle for which the | ||||||
12 | policy is issued, the insurance card shall
contain a warning of | ||||||
13 | such limitations in the coverage provided by the
policy.
| ||||||
14 | No insurer shall issue a card, similar in appearance, form | ||||||
15 | and content
to the insurance card required under this Section, | ||||||
16 | in connection with an
insurance policy that does not provide | ||||||
17 | the liability insurance coverage
required under Section 7-601 | ||||||
18 | of this Code.
| ||||||
19 | The evidence of insurance shall be displayed upon request | ||||||
20 | made by any law
enforcement officer wearing a uniform or | ||||||
21 | displaying a badge or other sign
of authority. Any person who | ||||||
22 | fails or refuses to comply with such request
is in violation of | ||||||
23 | Section 3-707 of this Code. Any person who displays
evidence of | ||||||
24 | insurance, knowing there is no valid liability insurance in
| ||||||
25 | effect on the motor vehicle as required under Section 7-601 of | ||||||
26 | this Code or
knowing the evidence of insurance is illegally |
| |||||||
| |||||||
1 | altered, counterfeit or
otherwise invalid, is in violation of | ||||||
2 | Section 3-710 of this Code.
| ||||||
3 | "Display" means the manual surrender of the evidence of | ||||||
4 | insurance into
the hands of the law enforcement officer, court, | ||||||
5 | or officer of the court
making the request for the
officer's, | ||||||
6 | court's, or officer of the court's inspection thereof.
| ||||||
7 | (Source: P.A. 98-521, eff. 8-23-13.)
| ||||||
8 | (625 ILCS 5/8-113) (from Ch. 95 1/2, par. 8-113)
| ||||||
9 | Sec. 8-113.
Secretary of State to suspend registration | ||||||
10 | certificates, registration plates or digital registration | ||||||
11 | plates,
and registration sticker or digital registration | ||||||
12 | sticker when bond or policy cancelled or withdrawn.
In the | ||||||
13 | event that a bond or policy of insurance is cancelled or
| ||||||
14 | withdrawn with respect to a vehicle or vehicles, subject to the | ||||||
15 | provisions
of Section 8-101 or 8-101.1, for which the bond or | ||||||
16 | policy of insurance was
issued,
then the Secretary of State | ||||||
17 | immediately shall suspend the registration
certificates, | ||||||
18 | registration plates or digital registration plates, and | ||||||
19 | registration sticker or stickers or digital registration | ||||||
20 | sticker or stickers of
the owner, with respect to such motor | ||||||
21 | vehicle or
vehicles, and said registration certificates, | ||||||
22 | registration plates or digital registration plates, and
| ||||||
23 | registration
sticker or stickers or digital registration | ||||||
24 | sticker or stickers shall
remain suspended and no registration | ||||||
25 | shall be permitted or renewed unless
and until the owner of the |
| |||||||
| |||||||
1 | motor vehicle shall have filed proof of
financial | ||||||
2 | responsibility as provided by Section 8-101 or 8-101.1.
| ||||||
3 | (Source: P.A. 82-433.)
| ||||||
4 | (625 ILCS 5/8-114) (from Ch. 95 1/2, par. 8-114)
| ||||||
5 | Sec. 8-114. Issuance of license upon proof of financial | ||||||
6 | responsibility.
The Secretary of State shall issue to each | ||||||
7 | person who has in effect
proof of financial responsibility as | ||||||
8 | required by Section 8-101 or 8-101.1, a
certificate for each | ||||||
9 | motor vehicle operated by such person and included
within the | ||||||
10 | proof of financial responsibility. Each certificate shall
| ||||||
11 | specify the Illinois registration plate or digital | ||||||
12 | registration plate and registration
sticker or digital | ||||||
13 | registration sticker number of the vehicle, a statement
that | ||||||
14 | proof of financial responsibility has been filed, and the | ||||||
15 | period for
which the certificate was issued.
| ||||||
16 | (Source: P.A. 82-433.)
| ||||||
17 | (625 ILCS 5/9-109) (from Ch. 95 1/2, par. 9-109)
| ||||||
18 | Sec. 9-109.
Secretary of State to cancel certificate and to | ||||||
19 | suspend
license plates and registration stickers when bond or | ||||||
20 | policy cancelled or
withdrawn.
| ||||||
21 | (a) If any insurance policy or bond filed hereunder shall | ||||||
22 | for any
reason become inoperative, the Secretary of State shall | ||||||
23 | forthwith cancel
the certificate of compliance of the owner and | ||||||
24 | it shall be unlawful for the
owner to rent out the motor |
| |||||||
| |||||||
1 | vehicle, covered by said certificate, until a
policy or bond | ||||||
2 | meeting the requirements of this Act is filed with the
| ||||||
3 | Secretary of State and a certificate has been issued by him as | ||||||
4 | provided by
Section 9-108.
| ||||||
5 | (b) The Secretary of State shall also suspend the | ||||||
6 | registration
certificate, license plates or digital license | ||||||
7 | plates, and registration sticker or stickers or digital | ||||||
8 | registration sticker or stickers of
the owner, with respect to | ||||||
9 | the motor vehicle for which the insurance policy
or bond had | ||||||
10 | been issued, and said registration certificates, license | ||||||
11 | plates or digital license plates,
and registration sticker or | ||||||
12 | stickers or digital registration sticker or stickers shall | ||||||
13 | remain suspended and no
registration shall be permitted or | ||||||
14 | renewed unless and until the owner of
said motor vehicle shall | ||||||
15 | have complied with the provisions of this Act.
| ||||||
16 | (Source: P.A. 80-230; 80-1185.)
| ||||||
17 | (625 ILCS 5/11-204.1) (from Ch. 95 1/2, par. 11-204.1)
| ||||||
18 | Sec. 11-204.1. Aggravated fleeing or attempting
to elude a | ||||||
19 | peace
officer. | ||||||
20 | (a) The offense of aggravated fleeing or attempting to | ||||||
21 | elude a peace officer
is committed by any driver or operator of | ||||||
22 | a motor vehicle who flees or attempts
to elude a peace officer, | ||||||
23 | after being given a visual or audible
signal
by a peace officer | ||||||
24 | in the manner prescribed in subsection (a) of
Section
11-204 of | ||||||
25 | this Code, and such flight or attempt to elude:
|
| |||||||
| |||||||
1 | (1) is at a rate of speed at least 21 miles per hour | ||||||
2 | over the legal
speed
limit;
| ||||||
3 | (2) causes bodily injury to any individual;
| ||||||
4 | (3) causes damage in excess of $300 to property;
| ||||||
5 | (4) involves disobedience of 2 or more official traffic | ||||||
6 | control
devices; or
| ||||||
7 | (5) involves the concealing or altering of the | ||||||
8 | vehicle's registration plate or digital registration | ||||||
9 | plate . | ||||||
10 | (b) Any person convicted of a first violation of this | ||||||
11 | Section shall be
guilty of a Class 4 felony. Upon notice of | ||||||
12 | such a conviction the Secretary
of State shall forthwith revoke | ||||||
13 | the driver's license of the person so
convicted, as provided in | ||||||
14 | Section 6-205 of this Code. Any person convicted
of a second or | ||||||
15 | subsequent violation of this Section shall be guilty of a Class
| ||||||
16 | 3
felony,
and upon notice of such a conviction the Secretary of | ||||||
17 | State shall forthwith
revoke the driver's license of the person | ||||||
18 | convicted, as provided in Section
6-205 of the Code.
| ||||||
19 | (c) The motor vehicle used in a violation of this Section | ||||||
20 | is subject to
seizure and forfeiture as provided in Sections | ||||||
21 | 36-1 and 36-2 of the Criminal
Code of 2012.
| ||||||
22 | (Source: P.A. 96-328, eff. 8-11-09; 97-743, eff. 1-1-13; | ||||||
23 | 97-1150, eff. 1-25-13.)
| ||||||
24 | (625 ILCS 5/11-208.6)
| ||||||
25 | Sec. 11-208.6. Automated traffic law enforcement system.
|
| |||||||
| |||||||
1 | (a) As used in this Section, "automated traffic law | ||||||
2 | enforcement
system" means a device with one or more motor | ||||||
3 | vehicle sensors working
in conjunction with a red light signal | ||||||
4 | to produce recorded images of
motor vehicles entering an | ||||||
5 | intersection against a red signal
indication in violation of | ||||||
6 | Section 11-306 of this Code or a similar provision
of a local | ||||||
7 | ordinance.
| ||||||
8 | An
automated traffic law enforcement system is a system, in | ||||||
9 | a municipality or
county operated by a
governmental agency, | ||||||
10 | that
produces a recorded image of a motor vehicle's
violation | ||||||
11 | of a provision of this Code or a local ordinance
and is | ||||||
12 | designed to obtain a clear recorded image of the
vehicle and | ||||||
13 | the vehicle's license plate. The recorded image must also
| ||||||
14 | display the time, date, and location of the violation.
| ||||||
15 | (b) As used in this Section, "recorded images" means images
| ||||||
16 | recorded by an automated traffic law enforcement system on:
| ||||||
17 | (1) 2 or more photographs;
| ||||||
18 | (2) 2 or more microphotographs;
| ||||||
19 | (3) 2 or more electronic images; or
| ||||||
20 | (4) a video recording showing the motor vehicle and, on | ||||||
21 | at
least one image or portion of the recording, clearly | ||||||
22 | identifying the
registration plate or digital registration | ||||||
23 | plate number of the motor vehicle.
| ||||||
24 | (b-5) A municipality or
county that
produces a recorded | ||||||
25 | image of a motor vehicle's
violation of a provision of this | ||||||
26 | Code or a local ordinance must make the recorded images of a |
| |||||||
| |||||||
1 | violation accessible to the alleged violator by providing the | ||||||
2 | alleged violator with a website address, accessible through the | ||||||
3 | Internet. | ||||||
4 | (c) Except as provided under Section 11-208.8 of this Code, | ||||||
5 | a county or municipality, including a home rule county or | ||||||
6 | municipality, may not use an automated traffic law enforcement | ||||||
7 | system to provide recorded images of a motor vehicle for the | ||||||
8 | purpose of recording its speed. Except as provided under | ||||||
9 | Section 11-208.8 of this Code, the regulation of the use of | ||||||
10 | automated traffic law enforcement systems to record vehicle | ||||||
11 | speeds is an exclusive power and function of the State. This | ||||||
12 | subsection (c) is a denial and limitation of home rule powers | ||||||
13 | and functions under subsection (h) of Section 6 of Article VII | ||||||
14 | of the Illinois Constitution.
| ||||||
15 | (c-5) A county or municipality, including a home rule | ||||||
16 | county or municipality, may not use an automated traffic law | ||||||
17 | enforcement system to issue violations in instances where the | ||||||
18 | motor vehicle comes to a complete stop and does not enter the | ||||||
19 | intersection, as defined by Section 1-132 of this Code, during | ||||||
20 | the cycle of the red signal indication unless one or more | ||||||
21 | pedestrians or bicyclists are present, even if the motor | ||||||
22 | vehicle stops at a point past a stop line or crosswalk where a | ||||||
23 | driver is required to stop, as specified in subsection (c) of | ||||||
24 | Section 11-306 of this Code or a similar provision of a local | ||||||
25 | ordinance. | ||||||
26 | (c-6) A county, or a municipality with less than 2,000,000 |
| |||||||
| |||||||
1 | inhabitants, including a home rule county or municipality, may | ||||||
2 | not use an automated traffic law enforcement system to issue | ||||||
3 | violations in instances where a motorcyclist enters an | ||||||
4 | intersection against a red signal
indication when the red | ||||||
5 | signal fails to change to a green signal within a reasonable | ||||||
6 | period of time not less than 120 seconds because of a signal | ||||||
7 | malfunction or because the signal has failed to detect the | ||||||
8 | arrival of the motorcycle due to the motorcycle's size or | ||||||
9 | weight. | ||||||
10 | (d) For each violation of a provision of this Code or a | ||||||
11 | local ordinance
recorded by an automatic
traffic law | ||||||
12 | enforcement system, the county or municipality having
| ||||||
13 | jurisdiction shall issue a written notice of the
violation to | ||||||
14 | the registered owner of the vehicle as the alleged
violator. | ||||||
15 | The notice shall be delivered to the registered
owner of the | ||||||
16 | vehicle, by mail, within 30 days after the Secretary of State | ||||||
17 | notifies the municipality or county of the identity of the | ||||||
18 | owner of the vehicle, but in no event later than 90 days after | ||||||
19 | the violation.
| ||||||
20 | The notice shall include:
| ||||||
21 | (1) the name and address of the registered owner of the
| ||||||
22 | vehicle;
| ||||||
23 | (2) the registration number of the motor vehicle
| ||||||
24 | involved in the violation;
| ||||||
25 | (3) the violation charged;
| ||||||
26 | (4) the location where the violation occurred;
|
| |||||||
| |||||||
1 | (5) the date and time of the violation;
| ||||||
2 | (6) a copy of the recorded images;
| ||||||
3 | (7) the amount of the civil penalty imposed and the | ||||||
4 | requirements of any traffic education program imposed and | ||||||
5 | the date
by which the civil penalty should be paid and the | ||||||
6 | traffic education program should be completed;
| ||||||
7 | (8) a statement that recorded images are evidence of a
| ||||||
8 | violation of a red light signal;
| ||||||
9 | (9) a warning that failure to pay the civil penalty, to | ||||||
10 | complete a required traffic education program, or to
| ||||||
11 | contest liability in a timely manner is an admission of
| ||||||
12 | liability and may result in a suspension of the driving
| ||||||
13 | privileges of the registered owner of the vehicle;
| ||||||
14 | (10) a statement that the person may elect to proceed | ||||||
15 | by:
| ||||||
16 | (A) paying the fine, completing a required traffic | ||||||
17 | education program, or both; or
| ||||||
18 | (B) challenging the charge in court, by mail, or by | ||||||
19 | administrative hearing; and
| ||||||
20 | (11) a website address, accessible through the | ||||||
21 | Internet, where the person may view the recorded images of | ||||||
22 | the violation. | ||||||
23 | (e) If a person
charged with a traffic violation, as a | ||||||
24 | result of an automated traffic law
enforcement system, does not | ||||||
25 | pay the fine or complete a required traffic education program, | ||||||
26 | or both, or successfully contest the civil
penalty resulting |
| |||||||
| |||||||
1 | from that violation, the Secretary of State shall suspend the
| ||||||
2 | driving privileges of the
registered owner of the vehicle under | ||||||
3 | Section 6-306.5 of this Code for failing
to complete a required | ||||||
4 | traffic education program or to pay any fine or penalty
due and | ||||||
5 | owing, or both, as a result of a combination of 5 violations of | ||||||
6 | the automated traffic law
enforcement system or the automated | ||||||
7 | speed enforcement system under Section 11-208.8 of this Code.
| ||||||
8 | (f) Based on inspection of recorded images produced by an
| ||||||
9 | automated traffic law enforcement system, a notice alleging | ||||||
10 | that the violation occurred shall be evidence of the facts | ||||||
11 | contained
in the notice and admissible in any proceeding | ||||||
12 | alleging a
violation under this Section.
| ||||||
13 | (g) Recorded images made by an automatic traffic law
| ||||||
14 | enforcement system are confidential and shall be made
available | ||||||
15 | only to the alleged violator and governmental and
law | ||||||
16 | enforcement agencies for purposes of adjudicating a
violation | ||||||
17 | of this Section, for statistical purposes, or for other | ||||||
18 | governmental purposes. Any recorded image evidencing a
| ||||||
19 | violation of this Section, however, may be admissible in
any | ||||||
20 | proceeding resulting from the issuance of the citation.
| ||||||
21 | (h) The court or hearing officer may consider in defense of | ||||||
22 | a violation:
| ||||||
23 | (1) that the motor vehicle or registration plates or | ||||||
24 | digital registration plates of the motor
vehicle were | ||||||
25 | stolen before the violation occurred and not
under the | ||||||
26 | control of or in the possession of the owner at
the time of |
| |||||||
| |||||||
1 | the violation;
| ||||||
2 | (2) that the driver of the vehicle passed through the
| ||||||
3 | intersection when the light was red either (i) in order to
| ||||||
4 | yield the right-of-way to an emergency vehicle or (ii) as
| ||||||
5 | part of a funeral procession; and
| ||||||
6 | (3) any other evidence or issues provided by municipal | ||||||
7 | or county ordinance.
| ||||||
8 | (i) To demonstrate that the motor vehicle or the | ||||||
9 | registration
plates or digital registration plates were stolen | ||||||
10 | before the violation occurred and were not under the
control or | ||||||
11 | possession of the owner at the time of the violation, the
owner | ||||||
12 | must submit proof that a report concerning the stolen
motor | ||||||
13 | vehicle or registration plates was filed with a law enforcement | ||||||
14 | agency in a timely manner.
| ||||||
15 | (j) Unless the driver of the motor vehicle received a | ||||||
16 | Uniform
Traffic Citation from a police officer at the time of | ||||||
17 | the violation,
the motor vehicle owner is subject to a civil | ||||||
18 | penalty not exceeding
$100 or the completion of a traffic | ||||||
19 | education program, or both, plus an additional penalty of not | ||||||
20 | more than $100 for failure to pay the original penalty or to | ||||||
21 | complete a required traffic education program, or both, in a | ||||||
22 | timely manner, if the motor vehicle is recorded by an automated | ||||||
23 | traffic law
enforcement system. A violation for which a civil | ||||||
24 | penalty is imposed
under this Section is not a violation of a | ||||||
25 | traffic regulation governing
the movement of vehicles and may | ||||||
26 | not be recorded on the driving record
of the owner of the |
| |||||||
| |||||||
1 | vehicle.
| ||||||
2 | (j-3) A registered owner who is a holder of a valid | ||||||
3 | commercial driver's license is not required to complete a | ||||||
4 | traffic education program. | ||||||
5 | (j-5) For purposes of the required traffic education | ||||||
6 | program only, a registered owner may submit an affidavit to the | ||||||
7 | court or hearing officer swearing that at the time of the | ||||||
8 | alleged violation, the vehicle was in the custody and control | ||||||
9 | of another person. The affidavit must identify the person in | ||||||
10 | custody and control of the vehicle, including the person's name | ||||||
11 | and current address. The person in custody and control of the | ||||||
12 | vehicle at the time of the violation is required to complete | ||||||
13 | the required traffic education program. If the person in | ||||||
14 | custody and control of the vehicle at the time of the violation | ||||||
15 | completes the required traffic education program, the | ||||||
16 | registered owner of the vehicle is not required to complete a | ||||||
17 | traffic education program. | ||||||
18 | (k) An intersection equipped with an automated traffic law
| ||||||
19 | enforcement system must be posted with a sign visible to | ||||||
20 | approaching traffic
indicating that the intersection is being | ||||||
21 | monitored by an automated
traffic law enforcement system. | ||||||
22 | (k-3) A municipality or
county that has one or more | ||||||
23 | intersections equipped with an automated traffic law
| ||||||
24 | enforcement system must provide notice to drivers by posting | ||||||
25 | the locations of automated traffic law systems on the | ||||||
26 | municipality or county website.
|
| |||||||
| |||||||
1 | (k-5) An intersection equipped with an automated traffic | ||||||
2 | law
enforcement system must have a yellow change interval that | ||||||
3 | conforms with the Illinois Manual on Uniform Traffic Control | ||||||
4 | Devices (IMUTCD) published by the Illinois Department of | ||||||
5 | Transportation. | ||||||
6 | (k-7) A municipality or county operating an automated | ||||||
7 | traffic law enforcement system shall conduct a statistical | ||||||
8 | analysis to assess the safety impact of each automated traffic | ||||||
9 | law enforcement system at an intersection following | ||||||
10 | installation of the system. The statistical analysis shall be | ||||||
11 | based upon the best available crash, traffic, and other data, | ||||||
12 | and shall cover a period of time before and after installation | ||||||
13 | of the system sufficient to provide a statistically valid | ||||||
14 | comparison of safety impact. The statistical analysis shall be | ||||||
15 | consistent with professional judgment and acceptable industry | ||||||
16 | practice. The statistical analysis also shall be consistent | ||||||
17 | with the data required for valid comparisons of before and | ||||||
18 | after conditions and shall be conducted within a reasonable | ||||||
19 | period following the installation of the automated traffic law | ||||||
20 | enforcement system. The statistical analysis required by this | ||||||
21 | subsection (k-7) shall be made available to the public and | ||||||
22 | shall be published on the website of the municipality or | ||||||
23 | county. If the statistical analysis for the 36 month period | ||||||
24 | following installation of the system indicates that there has | ||||||
25 | been an increase in the rate of accidents at the approach to | ||||||
26 | the intersection monitored by the system, the municipality or |
| |||||||
| |||||||
1 | county shall undertake additional studies to determine the | ||||||
2 | cause and severity of the accidents, and may take any action | ||||||
3 | that it determines is necessary or appropriate to reduce the | ||||||
4 | number or severity of the accidents at that intersection. | ||||||
5 | (l) The compensation paid for an automated traffic law | ||||||
6 | enforcement system
must be based on the value of the equipment | ||||||
7 | or the services provided and may
not be based on the number of | ||||||
8 | traffic citations issued or the revenue generated
by the | ||||||
9 | system.
| ||||||
10 | (m) This Section applies only to the counties of Cook, | ||||||
11 | DuPage, Kane, Lake, Madison, McHenry, St. Clair, and Will and | ||||||
12 | to municipalities located within those counties.
| ||||||
13 | (n) The fee for participating in a traffic education | ||||||
14 | program under this Section shall not exceed $25. | ||||||
15 | A low-income individual required to complete a traffic | ||||||
16 | education program under this Section who provides proof of | ||||||
17 | eligibility for the federal earned income tax credit under | ||||||
18 | Section 32 of the Internal Revenue Code or the Illinois earned | ||||||
19 | income tax credit under Section 212 of the Illinois Income Tax | ||||||
20 | Act shall not be required to pay any fee for participating in a | ||||||
21 | required traffic education program. | ||||||
22 | (o) A municipality or county shall make a certified report | ||||||
23 | to the Secretary of State pursuant to Section 6-306.5 of this | ||||||
24 | Code whenever a registered owner of a vehicle has failed to pay | ||||||
25 | any
fine or penalty due and owing as a result of a combination | ||||||
26 | of 5 offenses for automated traffic
law or speed enforcement |
| |||||||
| |||||||
1 | system violations. | ||||||
2 | (p) No person who is the lessor of a motor vehicle pursuant | ||||||
3 | to a written lease agreement shall be liable for an automated | ||||||
4 | speed or traffic law enforcement system violation involving | ||||||
5 | such motor vehicle during the period of the lease; provided | ||||||
6 | that upon the request of the appropriate authority received | ||||||
7 | within 120 days after the violation occurred, the lessor | ||||||
8 | provides within 60 days after such receipt the name and address | ||||||
9 | of the lessee. The drivers license number of a lessee may be | ||||||
10 | subsequently individually requested by the appropriate | ||||||
11 | authority if needed for enforcement of this Section. | ||||||
12 | Upon the provision of information by the lessor pursuant to | ||||||
13 | this subsection, the county or municipality may issue the | ||||||
14 | violation to the lessee of the vehicle in the same manner as it | ||||||
15 | would issue a violation to a registered owner of a vehicle | ||||||
16 | pursuant to this Section, and the lessee may be held liable for | ||||||
17 | the violation. | ||||||
18 | (Source: P.A. 97-29, eff. 1-1-12; 97-627, eff. 1-1-12; 97-672, | ||||||
19 | eff. 7-1-12; 97-762, eff. 7-6-12; 98-463, eff. 8-16-13.) | ||||||
20 | (625 ILCS 5/11-208.8) | ||||||
21 | Sec. 11-208.8. Automated speed enforcement systems in | ||||||
22 | safety zones. | ||||||
23 | (a) As used in this Section: | ||||||
24 | "Automated speed enforcement
system" means a photographic | ||||||
25 | device, radar device, laser device, or other electrical or |
| |||||||
| |||||||
1 | mechanical device or devices installed or utilized in a safety | ||||||
2 | zone and designed to record the speed of a vehicle and obtain a | ||||||
3 | clear photograph or other recorded image of the vehicle and the | ||||||
4 | vehicle's registration plate or digital registration plate | ||||||
5 | while the driver is violating Article VI of Chapter 11 of this | ||||||
6 | Code or a similar provision of a local ordinance. | ||||||
7 | An automated speed enforcement system is a system, located | ||||||
8 | in a safety zone which is under the jurisdiction of a | ||||||
9 | municipality, that produces a recorded image of a motor | ||||||
10 | vehicle's violation of a provision of this Code or a local | ||||||
11 | ordinance and is designed to obtain a clear recorded image of | ||||||
12 | the vehicle and the vehicle's license plate. The recorded image | ||||||
13 | must also display the time, date, and location of the | ||||||
14 | violation. | ||||||
15 | "Owner" means the person or entity to whom the vehicle is | ||||||
16 | registered. | ||||||
17 | "Recorded image" means images
recorded by an automated | ||||||
18 | speed enforcement system on: | ||||||
19 | (1) 2 or more photographs; | ||||||
20 | (2) 2 or more microphotographs; | ||||||
21 | (3) 2 or more electronic images; or | ||||||
22 | (4) a video recording showing the motor vehicle and, on | ||||||
23 | at
least one image or portion of the recording, clearly | ||||||
24 | identifying the
registration plate or digital registration | ||||||
25 | plate number of the motor vehicle. | ||||||
26 | "Safety zone" means an area that is within one-eighth of a |
| |||||||
| |||||||
1 | mile from the nearest property line of any public or private | ||||||
2 | elementary or secondary school, or from the nearest property | ||||||
3 | line of any facility, area, or land owned by a school district | ||||||
4 | that is used for educational purposes approved by the Illinois | ||||||
5 | State Board of Education, not including school district | ||||||
6 | headquarters or administrative buildings. A safety zone also | ||||||
7 | includes an area that is within one-eighth of a mile from the | ||||||
8 | nearest property line of any facility, area, or land owned by a | ||||||
9 | park district used for recreational purposes. However, if any | ||||||
10 | portion of a roadway is within either one-eighth mile radius, | ||||||
11 | the safety zone also shall include the roadway extended to the | ||||||
12 | furthest portion of the next furthest intersection. The term | ||||||
13 | "safety zone" does not include any portion of the roadway known | ||||||
14 | as Lake Shore Drive or any controlled access highway with 8 or | ||||||
15 | more lanes of traffic. | ||||||
16 | (a-5) The automated speed enforcement system shall be | ||||||
17 | operational and violations shall be recorded only at the | ||||||
18 | following times: | ||||||
19 | (i) if the safety zone is based upon the property line | ||||||
20 | of any facility, area, or land owned by a school district, | ||||||
21 | only on school days and no earlier than 6 a.m. and no later | ||||||
22 | than 8:30 p.m. if the school day is during the period of | ||||||
23 | Monday through Thursday, or 9 p.m. if the school day is a | ||||||
24 | Friday; and | ||||||
25 | (ii) if the safety zone is based upon the property line | ||||||
26 | of any facility, area, or land owned by a park district, no |
| |||||||
| |||||||
1 | earlier than one hour prior to the time that the facility, | ||||||
2 | area, or land is open to the public or other patrons, and | ||||||
3 | no later than one hour after the facility, area, or land is | ||||||
4 | closed to the public or other patrons. | ||||||
5 | (b) A municipality that
produces a recorded image of a | ||||||
6 | motor vehicle's
violation of a provision of this Code or a | ||||||
7 | local ordinance must make the recorded images of a violation | ||||||
8 | accessible to the alleged violator by providing the alleged | ||||||
9 | violator with a website address, accessible through the | ||||||
10 | Internet. | ||||||
11 | (c) Notwithstanding any penalties for any other violations | ||||||
12 | of this Code, the owner of a motor vehicle used in a traffic | ||||||
13 | violation recorded by an automated speed enforcement system | ||||||
14 | shall be subject to the following penalties: | ||||||
15 | (1) if the recorded speed is no less than 6 miles per | ||||||
16 | hour and no more than 10 miles per hour over the legal | ||||||
17 | speed limit, a civil penalty not exceeding $50, plus an | ||||||
18 | additional penalty of not more than $50 for failure to pay | ||||||
19 | the original penalty in a timely manner; or | ||||||
20 | (2) if the recorded speed is more than 10 miles per | ||||||
21 | hour over the legal speed limit, a civil penalty not | ||||||
22 | exceeding $100, plus an additional penalty of not more than | ||||||
23 | $100 for failure to pay the original penalty in a timely | ||||||
24 | manner. | ||||||
25 | A penalty may not be imposed under this Section if the | ||||||
26 | driver of the motor vehicle received a Uniform Traffic Citation |
| |||||||
| |||||||
1 | from a police officer for a speeding violation occurring within | ||||||
2 | one-eighth of a mile and 15 minutes of the violation that was | ||||||
3 | recorded by the system. A violation for which a civil penalty | ||||||
4 | is imposed
under this Section is not a violation of a traffic | ||||||
5 | regulation governing
the movement of vehicles and may not be | ||||||
6 | recorded on the driving record
of the owner of the vehicle. A | ||||||
7 | law enforcement officer is not required to be present or to | ||||||
8 | witness the violation. No penalty may be imposed under this | ||||||
9 | Section if the recorded speed of a vehicle is 5 miles per hour | ||||||
10 | or less over the legal speed limit. The municipality may send, | ||||||
11 | in the same manner that notices are sent under this Section, a | ||||||
12 | speed violation warning notice where the violation involves a | ||||||
13 | speed of 5 miles per hour or less above the legal speed limit. | ||||||
14 | (d) The net proceeds that a municipality receives from | ||||||
15 | civil penalties imposed under an automated speed enforcement | ||||||
16 | system, after deducting all non-personnel and personnel costs | ||||||
17 | associated with the operation and maintenance of such system, | ||||||
18 | shall be expended or obligated by the municipality for the | ||||||
19 | following purposes: | ||||||
20 | (i) public safety initiatives to ensure safe passage | ||||||
21 | around schools, and to provide police protection and | ||||||
22 | surveillance around schools and parks, including but not | ||||||
23 | limited to:
(1) personnel costs; and
(2) non-personnel | ||||||
24 | costs such as construction and maintenance of public safety | ||||||
25 | infrastructure and equipment; | ||||||
26 | (ii) initiatives to improve pedestrian and traffic |
| |||||||
| |||||||
1 | safety; | ||||||
2 | (iii) construction and maintenance of infrastructure | ||||||
3 | within the municipality, including but not limited to roads | ||||||
4 | and bridges; and | ||||||
5 | (iv) after school programs. | ||||||
6 | (e) For each violation of a provision of this Code or a | ||||||
7 | local ordinance
recorded by an automated speed enforcement | ||||||
8 | system, the municipality having
jurisdiction shall issue a | ||||||
9 | written notice of the
violation to the registered owner of the | ||||||
10 | vehicle as the alleged
violator. The notice shall be delivered | ||||||
11 | to the registered
owner of the vehicle, by mail, within 30 days | ||||||
12 | after the Secretary of State notifies the municipality of the | ||||||
13 | identity of the owner of the vehicle, but in no event later | ||||||
14 | than 90 days after the violation. | ||||||
15 | (f) The notice required under subsection (e) of this | ||||||
16 | Section shall include: | ||||||
17 | (1) the name and address of the registered owner of the
| ||||||
18 | vehicle; | ||||||
19 | (2) the registration number of the motor vehicle
| ||||||
20 | involved in the violation; | ||||||
21 | (3) the violation charged; | ||||||
22 | (4) the date, time, and location where the violation | ||||||
23 | occurred; | ||||||
24 | (5) a copy of the recorded image or images; | ||||||
25 | (6) the amount of the civil penalty imposed and the | ||||||
26 | date
by which the civil penalty should be paid; |
| |||||||
| |||||||
1 | (7) a statement that recorded images are evidence of a
| ||||||
2 | violation of a speed restriction; | ||||||
3 | (8) a warning that failure to pay the civil penalty or | ||||||
4 | to
contest liability in a timely manner is an admission of
| ||||||
5 | liability and may result in a suspension of the driving
| ||||||
6 | privileges of the registered owner of the vehicle; | ||||||
7 | (9) a statement that the person may elect to proceed | ||||||
8 | by: | ||||||
9 | (A) paying the fine; or | ||||||
10 | (B) challenging the charge in court, by mail, or by | ||||||
11 | administrative hearing; and | ||||||
12 | (10) a website address, accessible through the
| ||||||
13 | Internet, where the person may view the recorded images of | ||||||
14 | the violation. | ||||||
15 | (g) If a person
charged with a traffic violation, as a | ||||||
16 | result of an automated speed enforcement system, does not pay | ||||||
17 | the fine or successfully contest the civil
penalty resulting | ||||||
18 | from that violation, the Secretary of State shall suspend the
| ||||||
19 | driving privileges of the
registered owner of the vehicle under | ||||||
20 | Section 6-306.5 of this Code for failing
to pay any fine or | ||||||
21 | penalty
due and owing, or both, as a result of a combination of | ||||||
22 | 5 violations of the automated speed enforcement system or the | ||||||
23 | automated traffic law under Section 11-208.6 of this Code. | ||||||
24 | (h) Based on inspection of recorded images produced by an
| ||||||
25 | automated speed enforcement system, a notice alleging that the | ||||||
26 | violation occurred shall be evidence of the facts contained
in |
| |||||||
| |||||||
1 | the notice and admissible in any proceeding alleging a
| ||||||
2 | violation under this Section. | ||||||
3 | (i) Recorded images made by an automated speed
enforcement | ||||||
4 | system are confidential and shall be made
available only to the | ||||||
5 | alleged violator and governmental and
law enforcement agencies | ||||||
6 | for purposes of adjudicating a
violation of this Section, for | ||||||
7 | statistical purposes, or for other governmental purposes. Any | ||||||
8 | recorded image evidencing a
violation of this Section, however, | ||||||
9 | may be admissible in
any proceeding resulting from the issuance | ||||||
10 | of the citation. | ||||||
11 | (j) The court or hearing officer may consider in defense of | ||||||
12 | a violation: | ||||||
13 | (1) that the motor vehicle or registration plates or | ||||||
14 | digital registration plates of the motor
vehicle were | ||||||
15 | stolen before the violation occurred and not
under the | ||||||
16 | control or in the possession of the owner at
the time of | ||||||
17 | the violation; | ||||||
18 | (2) that the driver of the motor vehicle received a | ||||||
19 | Uniform Traffic Citation from a police officer for a | ||||||
20 | speeding violation occurring within one-eighth of a mile | ||||||
21 | and 15 minutes of the violation that was recorded by the | ||||||
22 | system; and | ||||||
23 | (3) any other evidence or issues provided by municipal | ||||||
24 | ordinance. | ||||||
25 | (k) To demonstrate that the motor vehicle or the | ||||||
26 | registration
plates or digital registration plates were stolen |
| |||||||
| |||||||
1 | before the violation occurred and were not under the
control or | ||||||
2 | possession of the owner at the time of the violation, the
owner | ||||||
3 | must submit proof that a report concerning the stolen
motor | ||||||
4 | vehicle or registration plates was filed with a law enforcement | ||||||
5 | agency in a timely manner. | ||||||
6 | (l) A roadway equipped with an automated speed enforcement | ||||||
7 | system shall be posted with a sign conforming to the national | ||||||
8 | Manual on Uniform Traffic Control Devices that is visible to | ||||||
9 | approaching traffic stating that vehicle speeds are being | ||||||
10 | photo-enforced and indicating the speed limit. The | ||||||
11 | municipality shall install such additional signage as it | ||||||
12 | determines is necessary to give reasonable notice to drivers as | ||||||
13 | to where automated speed enforcement systems are installed. | ||||||
14 | (m) A roadway where a new automated speed enforcement | ||||||
15 | system is installed shall be posted with signs providing 30 | ||||||
16 | days notice of the use of a new automated speed enforcement | ||||||
17 | system prior to the issuance of any citations through the | ||||||
18 | automated speed enforcement system. | ||||||
19 | (n) The compensation paid for an automated speed | ||||||
20 | enforcement system
must be based on the value of the equipment | ||||||
21 | or the services provided and may
not be based on the number of | ||||||
22 | traffic citations issued or the revenue generated
by the | ||||||
23 | system. | ||||||
24 | (o) A municipality shall make a certified report to the | ||||||
25 | Secretary of State pursuant to Section 6-306.5 of this Code | ||||||
26 | whenever a registered owner of a vehicle has failed to pay any
|
| |||||||
| |||||||
1 | fine or penalty due and owing as a result of a combination of 5 | ||||||
2 | offenses for automated speed or traffic law enforcement system | ||||||
3 | violations. | ||||||
4 | (p) No person who is the lessor of a motor vehicle pursuant | ||||||
5 | to a written lease agreement shall be liable for an automated | ||||||
6 | speed or traffic law enforcement system violation involving | ||||||
7 | such motor vehicle during the period of the lease; provided | ||||||
8 | that upon the request of the appropriate authority received | ||||||
9 | within 120 days after the violation occurred, the lessor | ||||||
10 | provides within 60 days after such receipt the name and address | ||||||
11 | of the lessee. The drivers license number of a lessee may be | ||||||
12 | subsequently individually requested by the appropriate | ||||||
13 | authority if needed for enforcement of this Section. | ||||||
14 | Upon the provision of information by the lessor pursuant to | ||||||
15 | this subsection, the municipality may issue the violation to | ||||||
16 | the lessee of the vehicle in the same manner as it would issue | ||||||
17 | a violation to a registered owner of a vehicle pursuant to this | ||||||
18 | Section, and the lessee may be held liable for the violation. | ||||||
19 | (q) A municipality using an automated speed enforcement | ||||||
20 | system must provide notice to drivers by publishing the | ||||||
21 | locations of all safety zones where system equipment is | ||||||
22 | installed on the website of the municipality. | ||||||
23 | (r) A municipality operating an automated speed | ||||||
24 | enforcement system shall conduct a statistical analysis to | ||||||
25 | assess the safety impact of the system. The statistical | ||||||
26 | analysis shall be based upon the best available crash, traffic, |
| |||||||
| |||||||
1 | and other data, and shall cover a period of time before and | ||||||
2 | after installation of the system sufficient to provide a | ||||||
3 | statistically valid comparison of safety impact. The | ||||||
4 | statistical analysis shall be consistent with professional | ||||||
5 | judgment and acceptable industry practice. The statistical | ||||||
6 | analysis also shall be consistent with the data required for | ||||||
7 | valid comparisons of before and after conditions and shall be | ||||||
8 | conducted within a reasonable period following the | ||||||
9 | installation of the automated traffic law enforcement system. | ||||||
10 | The statistical analysis required by this subsection shall be | ||||||
11 | made available to the public and shall be published on the | ||||||
12 | website of the municipality. | ||||||
13 | (s) This Section applies only to municipalities with a | ||||||
14 | population of 1,000,000 or more inhabitants.
| ||||||
15 | (Source: P.A. 97-672, eff. 7-1-12; 97-674, eff. 7-1-12; 98-463, | ||||||
16 | eff. 8-16-13.) | ||||||
17 | (625 ILCS 5/11-208.9) | ||||||
18 | Sec. 11-208.9. Automated traffic law enforcement system; | ||||||
19 | approaching, overtaking, and passing a school bus. | ||||||
20 | (a) As used in this Section, "automated traffic law | ||||||
21 | enforcement
system" means a device with one or more motor | ||||||
22 | vehicle sensors working
in conjunction with the visual signals | ||||||
23 | on a school bus, as specified in Sections 12-803 and 12-805 of | ||||||
24 | this Code, to produce recorded images of
motor vehicles that | ||||||
25 | fail to stop before meeting or overtaking, from either |
| |||||||
| |||||||
1 | direction, any school bus stopped at any location for the | ||||||
2 | purpose of receiving or discharging pupils in violation of | ||||||
3 | Section 11-1414 of this Code or a similar provision
of a local | ||||||
4 | ordinance. | ||||||
5 | An
automated traffic law enforcement system is a system, in | ||||||
6 | a municipality or
county operated by a
governmental agency, | ||||||
7 | that
produces a recorded image of a motor vehicle's
violation | ||||||
8 | of a provision of this Code or a local ordinance
and is | ||||||
9 | designed to obtain a clear recorded image of the
vehicle and | ||||||
10 | the vehicle's license plate. The recorded image must also
| ||||||
11 | display the time, date, and location of the violation. | ||||||
12 | (b) As used in this Section, "recorded images" means images
| ||||||
13 | recorded by an automated traffic law enforcement system on: | ||||||
14 | (1) 2 or more photographs; | ||||||
15 | (2) 2 or more microphotographs; | ||||||
16 | (3) 2 or more electronic images; or | ||||||
17 | (4) a video recording showing the motor vehicle and, on | ||||||
18 | at
least one image or portion of the recording, clearly | ||||||
19 | identifying the
registration plate or digital registration | ||||||
20 | plate number of the motor vehicle. | ||||||
21 | (c) A municipality or
county that
produces a recorded image | ||||||
22 | of a motor vehicle's
violation of a provision of this Code or a | ||||||
23 | local ordinance must make the recorded images of a violation | ||||||
24 | accessible to the alleged violator by providing the alleged | ||||||
25 | violator with a website address, accessible through the | ||||||
26 | Internet. |
| |||||||
| |||||||
1 | (d) For each violation of a provision of this Code or a | ||||||
2 | local ordinance
recorded by an automated
traffic law | ||||||
3 | enforcement system, the county or municipality having
| ||||||
4 | jurisdiction shall issue a written notice of the
violation to | ||||||
5 | the registered owner of the vehicle as the alleged
violator. | ||||||
6 | The notice shall be delivered to the registered
owner of the | ||||||
7 | vehicle, by mail, within 30 days after the Secretary of State | ||||||
8 | notifies the municipality or county of the identity of the | ||||||
9 | owner of the vehicle, but in no event later than 90 days after | ||||||
10 | the violation. | ||||||
11 | (e) The notice required under subsection (d) shall include: | ||||||
12 | (1) the name and address of the registered owner of the
| ||||||
13 | vehicle; | ||||||
14 | (2) the registration number of the motor vehicle
| ||||||
15 | involved in the violation; | ||||||
16 | (3) the violation charged; | ||||||
17 | (4) the location where the violation occurred; | ||||||
18 | (5) the date and time of the violation; | ||||||
19 | (6) a copy of the recorded images; | ||||||
20 | (7) the amount of the civil penalty imposed and the | ||||||
21 | date
by which the civil penalty should be paid; | ||||||
22 | (8) a statement that recorded images are evidence of a
| ||||||
23 | violation of overtaking or passing a school bus stopped for | ||||||
24 | the purpose of receiving or discharging pupils; | ||||||
25 | (9) a warning that failure to pay the civil penalty or | ||||||
26 | to
contest liability in a timely manner is an admission of
|
| |||||||
| |||||||
1 | liability and may result in a suspension of the driving
| ||||||
2 | privileges of the registered owner of the vehicle; | ||||||
3 | (10) a statement that the person may elect to proceed | ||||||
4 | by: | ||||||
5 | (A) paying the fine; or | ||||||
6 | (B) challenging the charge in court, by mail, or by | ||||||
7 | administrative hearing; and | ||||||
8 | (11) a website address, accessible through the | ||||||
9 | Internet, where the person may view the recorded images of | ||||||
10 | the violation. | ||||||
11 | (f) If a person
charged with a traffic violation, as a | ||||||
12 | result of an automated traffic law
enforcement system under | ||||||
13 | this Section, does not pay the fine or successfully contest the | ||||||
14 | civil
penalty resulting from that violation, the Secretary of | ||||||
15 | State shall suspend the
driving privileges of the
registered | ||||||
16 | owner of the vehicle under Section 6-306.5 of this Code for | ||||||
17 | failing
to pay any fine or penalty
due and owing as a result of | ||||||
18 | a combination of 5 violations of the automated traffic law
| ||||||
19 | enforcement system or the automated speed enforcement system | ||||||
20 | under Section 11-208.8 of this Code. | ||||||
21 | (g) Based on inspection of recorded images produced by an
| ||||||
22 | automated traffic law enforcement system, a notice alleging | ||||||
23 | that the violation occurred shall be evidence of the facts | ||||||
24 | contained
in the notice and admissible in any proceeding | ||||||
25 | alleging a
violation under this Section. | ||||||
26 | (h) Recorded images made by an automated traffic law
|
| |||||||
| |||||||
1 | enforcement system are confidential and shall be made
available | ||||||
2 | only to the alleged violator and governmental and
law | ||||||
3 | enforcement agencies for purposes of adjudicating a
violation | ||||||
4 | of this Section, for statistical purposes, or for other | ||||||
5 | governmental purposes. Any recorded image evidencing a
| ||||||
6 | violation of this Section, however, may be admissible in
any | ||||||
7 | proceeding resulting from the issuance of the citation. | ||||||
8 | (i) The court or hearing officer may consider in defense of | ||||||
9 | a violation: | ||||||
10 | (1) that the motor vehicle or registration plates or | ||||||
11 | digital registration plates of the motor
vehicle were | ||||||
12 | stolen before the violation occurred and not
under the | ||||||
13 | control of or in the possession of the owner at
the time of | ||||||
14 | the violation; | ||||||
15 | (2) that the driver of the motor vehicle received a | ||||||
16 | Uniform Traffic Citation from a police officer for a | ||||||
17 | violation of Section 11-1414 of this Code within one-eighth | ||||||
18 | of a mile and 15 minutes of the violation that was recorded | ||||||
19 | by the system; | ||||||
20 | (3) that the visual signals required by Sections 12-803 | ||||||
21 | and 12-805 of this Code were damaged, not activated, not | ||||||
22 | present in violation of Sections 12-803 and 12-805, or | ||||||
23 | inoperable; and | ||||||
24 | (4) any other evidence or issues provided by municipal | ||||||
25 | or county ordinance. | ||||||
26 | (j) To demonstrate that the motor vehicle or the |
| |||||||
| |||||||
1 | registration
plates or digital registration plates were stolen | ||||||
2 | before the violation occurred and were not under the
control or | ||||||
3 | possession of the owner at the time of the violation, the
owner | ||||||
4 | must submit proof that a report concerning the stolen
motor | ||||||
5 | vehicle or registration plates was filed with a law enforcement | ||||||
6 | agency in a timely manner. | ||||||
7 | (k) Unless the driver of the motor vehicle received a | ||||||
8 | Uniform
Traffic Citation from a police officer at the time of | ||||||
9 | the violation,
the motor vehicle owner is subject to a civil | ||||||
10 | penalty not exceeding
$150 for a first time violation or $500 | ||||||
11 | for a second or subsequent violation, plus an additional | ||||||
12 | penalty of not more than $100 for failure to pay the original | ||||||
13 | penalty in a timely manner, if the motor vehicle is recorded by | ||||||
14 | an automated traffic law
enforcement system. A violation for | ||||||
15 | which a civil penalty is imposed
under this Section is not a | ||||||
16 | violation of a traffic regulation governing
the movement of | ||||||
17 | vehicles and may not be recorded on the driving record
of the | ||||||
18 | owner of the vehicle, but may be recorded by the municipality | ||||||
19 | or county for the purpose of determining if a person is subject | ||||||
20 | to the higher fine for a second or subsequent offense. | ||||||
21 | (l) A school bus equipped with an automated traffic law
| ||||||
22 | enforcement system must be posted with a sign indicating that | ||||||
23 | the school bus is being monitored by an automated
traffic law | ||||||
24 | enforcement system. | ||||||
25 | (m) A municipality or
county that has one or more school | ||||||
26 | buses equipped with an automated traffic law
enforcement system |
| |||||||
| |||||||
1 | must provide notice to drivers by posting a list of school | ||||||
2 | districts using school buses equipped with an automated traffic | ||||||
3 | law enforcement system on the municipality or county website. | ||||||
4 | School districts that have one or more school buses equipped | ||||||
5 | with an automated traffic law enforcement system must provide | ||||||
6 | notice to drivers by posting that information on their | ||||||
7 | websites. | ||||||
8 | (n) A municipality or county operating an automated traffic | ||||||
9 | law enforcement system shall conduct a statistical analysis to | ||||||
10 | assess the safety impact in each school district using school | ||||||
11 | buses equipped with an automated traffic law enforcement system | ||||||
12 | following installation of the system. The statistical analysis | ||||||
13 | shall be based upon the best available crash, traffic, and | ||||||
14 | other data, and shall cover a period of time before and after | ||||||
15 | installation of the system sufficient to provide a | ||||||
16 | statistically valid comparison of safety impact. The | ||||||
17 | statistical analysis shall be consistent with professional | ||||||
18 | judgment and acceptable industry practice. The statistical | ||||||
19 | analysis also shall be consistent with the data required for | ||||||
20 | valid comparisons of before and after conditions and shall be | ||||||
21 | conducted within a reasonable period following the | ||||||
22 | installation of the automated traffic law enforcement system. | ||||||
23 | The statistical analysis required by this subsection shall be | ||||||
24 | made available to the public and shall be published on the | ||||||
25 | website of the municipality or county. If the statistical | ||||||
26 | analysis for the 36-month period following installation of the |
| |||||||
| |||||||
1 | system indicates that there has been an increase in the rate of | ||||||
2 | accidents at the approach to school buses monitored by the | ||||||
3 | system, the municipality or county shall undertake additional | ||||||
4 | studies to determine the cause and severity of the accidents, | ||||||
5 | and may take any action that it determines is necessary or | ||||||
6 | appropriate to reduce the number or severity of the accidents | ||||||
7 | involving school buses equipped with an automated traffic law | ||||||
8 | enforcement system. | ||||||
9 | (o) The compensation paid for an automated traffic law | ||||||
10 | enforcement system
must be based on the value of the equipment | ||||||
11 | or the services provided and may
not be based on the number of | ||||||
12 | traffic citations issued or the revenue generated
by the | ||||||
13 | system. | ||||||
14 | (p) No person who is the lessor of a motor vehicle pursuant | ||||||
15 | to a written lease agreement shall be liable for an automated | ||||||
16 | speed or traffic law enforcement system violation involving | ||||||
17 | such motor vehicle during the period of the lease; provided | ||||||
18 | that upon the request of the appropriate authority received | ||||||
19 | within 120 days after the violation occurred, the lessor | ||||||
20 | provides within 60 days after such receipt the name and address | ||||||
21 | of the lessee. The drivers license number of a lessee may be | ||||||
22 | subsequently individually requested by the appropriate | ||||||
23 | authority if needed for enforcement of this Section. | ||||||
24 | Upon the provision of information by the lessor pursuant to | ||||||
25 | this subsection, the county or municipality may issue the | ||||||
26 | violation to the lessee of the vehicle in the same manner as it |
| |||||||
| |||||||
1 | would issue a violation to a registered owner of a vehicle | ||||||
2 | pursuant to this Section, and the lessee may be held liable for | ||||||
3 | the violation. | ||||||
4 | (q) A municipality or county shall make a certified report | ||||||
5 | to the Secretary of State pursuant to Section 6-306.5 of this | ||||||
6 | Code whenever a registered owner of a vehicle has failed to pay | ||||||
7 | any
fine or penalty due and owing as a result of a combination | ||||||
8 | of 5 offenses for automated traffic
law or speed enforcement | ||||||
9 | system violations. | ||||||
10 | (r) After a municipality or county enacts an ordinance | ||||||
11 | providing for automated traffic law enforcement systems under | ||||||
12 | this Section, each school district within that municipality or | ||||||
13 | county's jurisdiction may implement an automated traffic law | ||||||
14 | enforcement system under this Section. The elected school board | ||||||
15 | for that district must approve the implementation of an | ||||||
16 | automated traffic law enforcement system. The school district | ||||||
17 | shall be responsible for entering into a contract, approved by | ||||||
18 | the elected school board of that district, with vendors for the | ||||||
19 | installation, maintenance, and operation of the automated | ||||||
20 | traffic law enforcement system. The school district must enter | ||||||
21 | into an intergovernmental agreement, approved by the elected | ||||||
22 | school board of that district, with the municipality or county | ||||||
23 | with jurisdiction over that school district for the | ||||||
24 | administration of the automated traffic law enforcement | ||||||
25 | system. The proceeds from a school district's automated traffic | ||||||
26 | law enforcement system's fines shall be divided equally between |
| |||||||
| |||||||
1 | the school district and the municipality or county | ||||||
2 | administering the automated traffic law enforcement system.
| ||||||
3 | (Source: P.A. 98-556, eff. 1-1-14.)
| ||||||
4 | (625 ILCS 5/11-1201.1)
| ||||||
5 | Sec. 11-1201.1. Automated Railroad Crossing Enforcement | ||||||
6 | System.
| ||||||
7 | (a) For the purposes of this Section, an automated railroad | ||||||
8 | grade crossing
enforcement system is a system in a municipality | ||||||
9 | or county operated by a governmental agency that produces a | ||||||
10 | recorded image of a motor vehicle's violation of a provision of | ||||||
11 | this Code or local ordinance and is designed to obtain a clear | ||||||
12 | recorded image of the vehicle and vehicle's license plate. The | ||||||
13 | recorded image must also display the time, date, and location | ||||||
14 | of the violation. | ||||||
15 | As used in this Section, "recorded images" means images | ||||||
16 | recorded by an automated railroad grade crossing enforcement | ||||||
17 | system on: | ||||||
18 | (1) 2 or more photographs; | ||||||
19 | (2) 2 or more microphotographs; | ||||||
20 | (3) 2 or more electronic images; or | ||||||
21 | (4) a video recording showing the motor vehicle and, on | ||||||
22 | at least one image or portion of the recording, clearly | ||||||
23 | identifying the registration plate or digital registration | ||||||
24 | plate number of the motor vehicle.
| ||||||
25 | (b) The Illinois
Commerce Commission may, in cooperation |
| |||||||
| |||||||
1 | with a
local law enforcement agency, establish in any county or | ||||||
2 | municipality an automated
railroad grade crossing enforcement | ||||||
3 | system at any railroad grade crossing equipped with a crossing | ||||||
4 | gate designated by local authorities. Local authorities | ||||||
5 | desiring the establishment of an automated railroad crossing | ||||||
6 | enforcement system must initiate the process by enacting a | ||||||
7 | local ordinance requesting the creation of such a system. After | ||||||
8 | the ordinance has been enacted, and before any additional steps | ||||||
9 | toward the establishment of the system are undertaken, the | ||||||
10 | local authorities and the Commission must agree to a plan for | ||||||
11 | obtaining, from any combination of federal, State, and local | ||||||
12 | funding sources, the moneys required for the purchase and | ||||||
13 | installation of any necessary equipment.
| ||||||
14 | (b-1) (Blank.)
| ||||||
15 | (c) For each violation of Section 11-1201 of this Code or a | ||||||
16 | local ordinance recorded by an automated railroad grade | ||||||
17 | crossing enforcement system, the county or municipality having | ||||||
18 | jurisdiction shall issue a written notice of the violation to | ||||||
19 | the registered owner of the vehicle as the alleged violator. | ||||||
20 | The notice shall be delivered to the registered owner of the | ||||||
21 | vehicle, by mail, no later than 90 days after the violation. | ||||||
22 | The notice shall include: | ||||||
23 | (1) the name and address of the registered owner of the | ||||||
24 | vehicle; | ||||||
25 | (2) the registration number of the motor vehicle | ||||||
26 | involved in the violation; |
| |||||||
| |||||||
1 | (3) the violation charged; | ||||||
2 | (4) the location where the violation occurred; | ||||||
3 | (5) the date and time of the violation; | ||||||
4 | (6) a copy of the recorded images; | ||||||
5 | (7) the amount of the civil penalty imposed and the | ||||||
6 | date by which the civil penalty should be paid; | ||||||
7 | (8) a statement that recorded images are evidence of a | ||||||
8 | violation of a railroad grade crossing; | ||||||
9 | (9) a warning that failure to pay the civil penalty or | ||||||
10 | to contest liability in a timely manner is an admission of | ||||||
11 | liability and may result in a suspension of the driving | ||||||
12 | privileges of the registered owner of the vehicle; and | ||||||
13 | (10) a statement that the person may elect to proceed | ||||||
14 | by: | ||||||
15 | (A) paying the fine; or | ||||||
16 | (B) challenging the charge in court, by mail, or by | ||||||
17 | administrative hearing.
| ||||||
18 | (d) If a person charged with a traffic violation, as a | ||||||
19 | result of an automated railroad grade crossing enforcement | ||||||
20 | system, does not pay or successfully contest the civil penalty | ||||||
21 | resulting from that violation, the Secretary of State shall | ||||||
22 | suspend the driving privileges of the registered owner of the | ||||||
23 | vehicle under Section 6-306.5 of this Code for failing to pay | ||||||
24 | any fine or penalty due and owing as a result of 5 violations | ||||||
25 | of the automated railroad grade crossing enforcement system.
| ||||||
26 | (d-1) (Blank.)
|
| |||||||
| |||||||
1 | (d-2) (Blank.)
| ||||||
2 | (e) Based on inspection of recorded images produced by an | ||||||
3 | automated railroad grade crossing enforcement system, a notice | ||||||
4 | alleging that the violation occurred shall be evidence of the | ||||||
5 | facts contained in the notice and admissible in any proceeding | ||||||
6 | alleging a violation under this Section.
| ||||||
7 | (e-1) Recorded images made by an automated railroad grade | ||||||
8 | crossing enforcement system are confidential and shall be made | ||||||
9 | available only to the alleged violator and governmental and law | ||||||
10 | enforcement agencies for purposes of adjudicating a violation | ||||||
11 | of this Section, for statistical purposes, or for other | ||||||
12 | governmental purposes. Any recorded image evidencing a | ||||||
13 | violation of this Section, however, may be admissible in any | ||||||
14 | proceeding resulting from the issuance of the citation.
| ||||||
15 | (e-2) The court or hearing officer may consider the | ||||||
16 | following in the defense of a violation:
| ||||||
17 | (1) that the motor vehicle or registration plates or | ||||||
18 | digital registration plates of the motor vehicle were | ||||||
19 | stolen before the violation occurred and not under the | ||||||
20 | control of or in the possession of the owner at the time of | ||||||
21 | the violation;
| ||||||
22 | (2) that the driver of the motor vehicle received a | ||||||
23 | Uniform Traffic Citation from a police officer at the time | ||||||
24 | of the violation for the same offense; | ||||||
25 | (3) any other evidence or issues provided by municipal | ||||||
26 | or county ordinance. |
| |||||||
| |||||||
1 | (e-3) To demonstrate that the motor vehicle or the | ||||||
2 | registration plates or digital registration plates were stolen | ||||||
3 | before the violation occurred and were not under the control or | ||||||
4 | possession of the owner at the time of the violation, the owner | ||||||
5 | must submit proof that a report concerning the stolen motor | ||||||
6 | vehicle or registration plates was filed with a law enforcement | ||||||
7 | agency in a timely manner.
| ||||||
8 | (f) Rail crossings equipped with an automatic railroad | ||||||
9 | grade crossing
enforcement system shall be posted with a sign | ||||||
10 | visible to approaching traffic
stating that the railroad grade | ||||||
11 | crossing is being monitored, that citations
will be issued, and | ||||||
12 | the amount of the fine for violation.
| ||||||
13 | (g) The compensation paid for an automated railroad grade | ||||||
14 | crossing enforcement system must be based on the value of the | ||||||
15 | equipment or the services provided and may not be based on the | ||||||
16 | number of citations issued or the revenue generated by the | ||||||
17 | system.
| ||||||
18 | (h) (Blank.)
| ||||||
19 | (i) If any part or parts of this Section are held by a | ||||||
20 | court of competent
jurisdiction to be unconstitutional, the | ||||||
21 | unconstitutionality shall not affect
the validity of the | ||||||
22 | remaining parts of this Section. The General Assembly
hereby | ||||||
23 | declares that it would have passed the remaining parts of this | ||||||
24 | Section
if it had known that the other part or parts of this | ||||||
25 | Section would be declared
unconstitutional.
| ||||||
26 | (j) Penalty. A civil fine of
$250 shall be imposed for a |
| |||||||
| |||||||
1 | first violation of this Section, and a civil fine of $500 shall | ||||||
2 | be
imposed for a second or subsequent violation of this | ||||||
3 | Section.
| ||||||
4 | (Source: P.A. 96-478, eff. 1-1-10.)
| ||||||
5 | (625 ILCS 5/11-1301.1) (from Ch. 95 1/2, par. 11-1301.1)
| ||||||
6 | Sec. 11-1301.1. Persons with disabilities - Parking | ||||||
7 | privileges - Exemptions. | ||||||
8 | (a) A motor vehicle bearing registration plates or digital | ||||||
9 | registration plates issued to a person with
disabilities, as | ||||||
10 | defined by Section 1-159.1, pursuant to Section 3-616 or to a
| ||||||
11 | veteran with a disability pursuant to subsection (a) of Section | ||||||
12 | 3-609 or a special decal or device issued
pursuant to Section | ||||||
13 | 3-616 or pursuant to Section 11-1301.2 of this Code or a
motor | ||||||
14 | vehicle registered in another jurisdiction, state, district, | ||||||
15 | territory or
foreign country upon which is displayed a | ||||||
16 | registration plate or digital registration plate , special | ||||||
17 | decal or
device issued by the other jurisdiction designating | ||||||
18 | the vehicle is operated by
or for a person with disabilities | ||||||
19 | shall be exempt from the payment of parking
meter fees until | ||||||
20 | January 1, 2014, and exempt from any statute or ordinance | ||||||
21 | imposing time limitations
on parking, except limitations of | ||||||
22 | one-half hour or less, on any street or
highway zone, a parking | ||||||
23 | area subject to regulation under subsection (a) of Section | ||||||
24 | 11-209 of this Code, or any parking lot or parking place which
| ||||||
25 | are owned, leased or owned and leased by a municipality or a |
| |||||||
| |||||||
1 | municipal
parking utility; and shall be recognized by state and | ||||||
2 | local authorities
as a valid license plate or parking device | ||||||
3 | and shall receive the same
parking privileges as residents of | ||||||
4 | this State; but, such vehicle shall be
subject to the laws | ||||||
5 | which prohibit parking in "no stopping" and "no
standing" zones | ||||||
6 | in front of or near fire hydrants, driveways, public
building | ||||||
7 | entrances and exits, bus stops and loading areas, and is
| ||||||
8 | prohibited from parking where the motor vehicle constitutes a | ||||||
9 | traffic
hazard, whereby such motor vehicle shall be moved at | ||||||
10 | the instruction and
request of a law enforcement officer to a | ||||||
11 | location designated by the
officer. | ||||||
12 | (b) Any motor vehicle bearing registration plates or | ||||||
13 | digital registration plates or a special decal
or device | ||||||
14 | specified in this Section or in Section 3-616 of this Code or
| ||||||
15 | such parking device as specifically authorized in Section | ||||||
16 | 11-1301.2 as
evidence that the vehicle is operated by or for a | ||||||
17 | person with disabilities or bearing registration plates or | ||||||
18 | digital registration plates issued to a
veteran with a | ||||||
19 | disability under subsection (a) of Section 3-609 may park, in | ||||||
20 | addition to any
other lawful place, in any parking place | ||||||
21 | specifically reserved for such
vehicles by the posting of an | ||||||
22 | official sign as provided under Section 11-301.
Parking | ||||||
23 | privileges granted by this Section are strictly limited
to the | ||||||
24 | person to whom the special registration plates or digital | ||||||
25 | registration plates , special decal or
device were issued and to | ||||||
26 | qualified operators acting under his or her express
direction |
| |||||||
| |||||||
1 | while the person with disabilities is present.
A person to whom | ||||||
2 | privileges were granted shall, at the request of a
police | ||||||
3 | officer or any other person invested by law with authority to | ||||||
4 | direct,
control, or regulate traffic, present an | ||||||
5 | identification card with a picture as
verification that the
| ||||||
6 | person is the person to whom the special registration plates or | ||||||
7 | digital registration plates , special decal or
device was | ||||||
8 | issued.
| ||||||
9 | (c) Such parking privileges granted by this Section are | ||||||
10 | also extended to
motor vehicles of not-for-profit | ||||||
11 | organizations used for the transportation of
persons with | ||||||
12 | disabilities when such motor vehicles display the decal or | ||||||
13 | device
issued pursuant to Section 11-1301.2 of this Code.
| ||||||
14 | (d) No person shall use any area for the parking of any | ||||||
15 | motor vehicle
pursuant to Section 11-1303 of this Code or where | ||||||
16 | an official sign
controlling such area expressly prohibits | ||||||
17 | parking at any time or during
certain hours.
| ||||||
18 | (e) Beginning January 1, 2014, a vehicle displaying a decal | ||||||
19 | or device issued under subsection (c-5) of Section 11-1301.2 of | ||||||
20 | this Code shall be exempt from the payment of fees generated by | ||||||
21 | parking in a metered space or in a publicly owned parking area. | ||||||
22 | (Source: P.A. 98-463, eff. 8-16-13; 98-577, eff. 1-1-14; | ||||||
23 | 99-143, eff. 7-27-15.)
| ||||||
24 | (625 ILCS 5/11-1301.2) (from Ch. 95 1/2, par. 11-1301.2)
| ||||||
25 | Sec. 11-1301.2. Special decals for parking; persons with |
| |||||||
| |||||||
1 | disabilities.
| ||||||
2 | (a) The Secretary of State shall provide for, by | ||||||
3 | administrative rules, the
design, size, color, and placement of | ||||||
4 | a person with disabilities motorist decal
or device
and shall | ||||||
5 | provide for, by administrative
rules, the content and form of | ||||||
6 | an application for a person with disabilities
motorist decal or | ||||||
7 | device,
which shall be used by local authorities in the | ||||||
8 | issuance thereof to a
person with temporary disabilities, | ||||||
9 | provided that the decal or device is
valid for no more than 90 | ||||||
10 | days, subject to renewal for like periods based upon
continued | ||||||
11 | disability, and further provided that the decal or device | ||||||
12 | clearly
sets forth the date that the decal or device expires.
| ||||||
13 | The application shall
include the requirement of an Illinois | ||||||
14 | Identification Card number or a State
of Illinois driver's | ||||||
15 | license number or, if the applicant does not have an | ||||||
16 | identification card or driver's license number, then the | ||||||
17 | applicant may use a valid identification number issued by a | ||||||
18 | branch of the U.S. military or a federally issued Medicare or | ||||||
19 | Medicaid identification number.
This decal or device may be | ||||||
20 | used by the authorized holder to designate and identify a | ||||||
21 | vehicle not owned or displaying a
registration plate or digital | ||||||
22 | registration plate as provided in Sections 3-609 and 3-616 of | ||||||
23 | this Act to
designate when the vehicle is being used to | ||||||
24 | transport said person or persons
with disabilities, and thus is | ||||||
25 | entitled to enjoy all the privileges that would
be afforded a | ||||||
26 | person with disabilities licensed vehicle.
Person with |
| |||||||
| |||||||
1 | disabilities decals or devices issued and displayed pursuant to
| ||||||
2 | this Section shall be recognized and honored by all local | ||||||
3 | authorities
regardless of which local authority issued such | ||||||
4 | decal or device.
| ||||||
5 | The decal or device shall be issued only upon a showing by | ||||||
6 | adequate
documentation that the person for whose benefit the | ||||||
7 | decal or device is to be
used has a disability as defined in | ||||||
8 | Section 1-159.1 of this
Code and the disability is temporary.
| ||||||
9 | (b) The local governing authorities shall be responsible | ||||||
10 | for the provision
of such decal or device, its issuance and | ||||||
11 | designated placement within the
vehicle. The cost of such decal | ||||||
12 | or device shall be at the discretion of
such local governing | ||||||
13 | authority.
| ||||||
14 | (c) The Secretary of State may, pursuant to Section | ||||||
15 | 3-616(c), issue
a person with disabilities parking decal or | ||||||
16 | device to a person with
disabilities as defined by Section | ||||||
17 | 1-159.1. Any person with disabilities
parking decal or device | ||||||
18 | issued by the Secretary of State shall be registered to
that | ||||||
19 | person with disabilities in the form to be prescribed by the | ||||||
20 | Secretary of
State. The person with disabilities parking decal | ||||||
21 | or device shall not display
that person's address. One | ||||||
22 | additional decal or device may be issued to an
applicant upon | ||||||
23 | his or her written request and with the approval of the
| ||||||
24 | Secretary of
State.
The written request must include a | ||||||
25 | justification of the need for the
additional decal or device.
| ||||||
26 | (c-5) Beginning January 1, 2014, the Secretary shall |
| |||||||
| |||||||
1 | provide by administrative rule for the issuance of a separate | ||||||
2 | and distinct parking decal or device for persons with | ||||||
3 | disabilities as defined by Section 1-159.1 of this Code and who | ||||||
4 | meet the qualifications under this subsection. The authorized | ||||||
5 | holder of a decal or device issued under this subsection (c-5) | ||||||
6 | shall be exempt from the payment of fees generated by parking | ||||||
7 | in a metered space, a parking area subject to paragraph (10) of | ||||||
8 | subsection (a) of Section 11-209 of this Code, or a publicly | ||||||
9 | owned parking area. | ||||||
10 | The Secretary shall issue a meter-exempt decal or device to | ||||||
11 | a person with
disabilities who: (i) has been issued | ||||||
12 | registration plates or digital registration plates under | ||||||
13 | subsection (a) of Section 3-609 or Section 3-616 of this Code | ||||||
14 | or a special decal or device under this Section, (ii) holds a | ||||||
15 | valid Illinois driver's license, and (iii) is unable to do one | ||||||
16 | or more of the following: | ||||||
17 | (1) manage, manipulate, or insert coins, or obtain | ||||||
18 | tickets or tokens in parking meters or ticket machines in | ||||||
19 | parking lots, due to the lack of fine motor control of both | ||||||
20 | hands; | ||||||
21 | (2) reach above his or her head to a height of 42 | ||||||
22 | inches from the ground, due to a lack of finger, hand, or | ||||||
23 | upper extremity strength or mobility; | ||||||
24 | (3) approach a parking meter due to his or her use of a | ||||||
25 | wheelchair or other device for mobility; or | ||||||
26 | (4) walk more than 20 feet due to an orthopedic, |
| |||||||
| |||||||
1 | neurological, cardiovascular, or lung condition in which | ||||||
2 | the degree of debilitation is so severe that it almost | ||||||
3 | completely impedes the ability to walk. | ||||||
4 | The application for a meter-exempt parking decal or device | ||||||
5 | shall contain a statement certified by a licensed physician, | ||||||
6 | physician assistant, or advanced practice registered nurse | ||||||
7 | attesting to the permanent nature of the applicant's condition | ||||||
8 | and verifying that the applicant meets the physical | ||||||
9 | qualifications specified in this subsection (c-5). | ||||||
10 | Notwithstanding the requirements of this subsection (c-5), | ||||||
11 | the Secretary shall issue a meter-exempt decal or device to a | ||||||
12 | person who has been issued registration plates or digital | ||||||
13 | registration plates under Section 3-616 of this Code or a | ||||||
14 | special decal or device under this Section, if the applicant is | ||||||
15 | the parent or guardian of a person with disabilities who is | ||||||
16 | under 18 years of age and incapable of driving. | ||||||
17 | (d) Replacement decals or devices may be issued for lost, | ||||||
18 | stolen, or
destroyed decals upon application and payment of a | ||||||
19 | $10 fee. The replacement
fee may be waived for individuals that | ||||||
20 | have claimed and received a grant under
the Senior Citizens and | ||||||
21 | Persons with Disabilities Property Tax Relief Act.
| ||||||
22 | (e) A person classified as a veteran under subsection (e) | ||||||
23 | of Section 6-106 of this Code that has been issued a decal or | ||||||
24 | device under this Section shall not be required to submit | ||||||
25 | evidence of disability in order to renew that decal or device | ||||||
26 | if, at the time of initial application, he or she submitted |
| |||||||
| |||||||
1 | evidence from his or her physician or the Department of | ||||||
2 | Veterans' Affairs that the disability is of a permanent nature. | ||||||
3 | However, the Secretary shall take reasonable steps to ensure | ||||||
4 | the veteran still resides in this State at the time of the | ||||||
5 | renewal. These steps may include requiring the veteran to | ||||||
6 | provide additional documentation or to appear at a Secretary of | ||||||
7 | State facility. To identify veterans who are eligible for this | ||||||
8 | exemption, the Secretary shall compare the list of the persons | ||||||
9 | who have been issued a decal or device to the list of persons | ||||||
10 | who have been issued a vehicle registration plate or digital | ||||||
11 | registration plate for veterans with disabilities under | ||||||
12 | Section 3-609 of this Code, or who are identified as a veteran | ||||||
13 | on their driver's license under Section 6-110 of this Code or | ||||||
14 | on their identification card under Section 4 of the Illinois | ||||||
15 | Identification Card Act. | ||||||
16 | (Source: P.A. 99-143, eff. 7-27-15; 100-513, eff. 1-1-18; | ||||||
17 | 100-702, eff. 1-1-19 .)
| ||||||
18 | (625 ILCS 5/11-1303) (from Ch. 95 1/2, par. 11-1303)
| ||||||
19 | Sec. 11-1303. Stopping, standing or parking prohibited in | ||||||
20 | specified places.
| ||||||
21 | (a) Except when necessary to avoid conflict with other | ||||||
22 | traffic, or in
compliance with law or the directions of a | ||||||
23 | police officer or official
traffic-control device, no person | ||||||
24 | shall:
| ||||||
25 | 1. Stop, stand or park a vehicle:
|
| |||||||
| |||||||
1 | a. On the roadway side of any vehicle stopped or | ||||||
2 | parked at the edge or
curb of a street;
| ||||||
3 | b. On a sidewalk;
| ||||||
4 | c. Within an intersection;
| ||||||
5 | d. On a crosswalk;
| ||||||
6 | e. Between a safety zone and the adjacent curb or | ||||||
7 | within 30 feet of
points on the curb immediately | ||||||
8 | opposite the ends of a safety zone, unless a
different | ||||||
9 | length is indicated by signs or markings;
| ||||||
10 | f. Alongside or opposite any street excavation or | ||||||
11 | obstruction when
stopping, standing or parking would | ||||||
12 | obstruct traffic;
| ||||||
13 | g. Upon any bridge or other elevated structure upon | ||||||
14 | a highway
or within a highway tunnel;
| ||||||
15 | h. On any railroad tracks. A violation of any part | ||||||
16 | of this
subparagraph h. shall result in a mandatory | ||||||
17 | fine of $500 or 50 hours of
community service.
| ||||||
18 | i. At any place where official signs prohibit | ||||||
19 | stopping;
| ||||||
20 | j. On any controlled-access highway;
| ||||||
21 | k. In the area between roadways of a divided | ||||||
22 | highway, including
crossovers;
| ||||||
23 | l. In a public parking area if the vehicle does not | ||||||
24 | display a current
annual registration sticker or | ||||||
25 | digital registration sticker or current temporary | ||||||
26 | permit pending registration.
|
| |||||||
| |||||||
1 | 2. Stand or park a vehicle, whether occupied or not, | ||||||
2 | except momentarily
to pick up or discharge passengers:
| ||||||
3 | a. In front of a public or private driveway;
| ||||||
4 | b. Within 15 feet of a fire hydrant;
| ||||||
5 | c. Within 20 feet of a crosswalk at an | ||||||
6 | intersection;
| ||||||
7 | d. Within 30 feet upon the approach to any flashing | ||||||
8 | signal, stop sign,
yield sign, or traffic control | ||||||
9 | signal located at the side of a roadway;
| ||||||
10 | e. Within 20 feet of the driveway entrance to any | ||||||
11 | fire station and on
the side of a street opposite the | ||||||
12 | entrance to any fire station within 75
feet of such | ||||||
13 | entrance (when properly sign-posted);
| ||||||
14 | f. At any place where official signs prohibit | ||||||
15 | standing.
| ||||||
16 | 3. Park a vehicle, whether occupied or not, except | ||||||
17 | temporarily for the
purpose of and while actually engaged | ||||||
18 | in loading or unloading
property or passengers:
| ||||||
19 | a. Within 50 feet of the nearest rail of a railroad | ||||||
20 | crossing;
| ||||||
21 | b. At any place where official signs prohibit | ||||||
22 | parking.
| ||||||
23 | (b) No person shall move a vehicle not lawfully under his | ||||||
24 | control into
any such prohibited area or away from a curb such | ||||||
25 | distance as is unlawful.
| ||||||
26 | (Source: P.A. 89-245, eff. 1-1-96; 89-658, eff. 1-1-97.)
|
| |||||||
| |||||||
1 | (625 ILCS 5/11-1304.5)
| ||||||
2 | Sec. 11-1304.5. Parking of vehicle with expired | ||||||
3 | registration. No
person may stop, park, or leave standing upon | ||||||
4 | a public street, highway, or
roadway a vehicle upon
which is
| ||||||
5 | displayed an Illinois registration plate or plates or digital | ||||||
6 | registration plate or plates or registration sticker or digital | ||||||
7 | registration sticker
after the termination of
the registration
| ||||||
8 | period, except as provided for in subsection (b) of Section | ||||||
9 | 3-701 of this Code, for which the registration plate or plates | ||||||
10 | or digital registration plate or plates or registration sticker | ||||||
11 | or digital registration sticker was
issued or after the
| ||||||
12 | expiration date set under
Section 3-414 or 3-414.1 of this | ||||||
13 | Code.
| ||||||
14 | (Source: P.A. 99-166, eff. 7-28-15.)
| ||||||
15 | (625 ILCS 5/11-1305) (from Ch. 95 1/2, par. 11-1305)
| ||||||
16 | Sec. 11-1305. Lessors of visitor vehicles - Duty upon | ||||||
17 | receiving
notice of violation of this Article or local parking | ||||||
18 | regulation.
Every person in whose name a vehicle is registered | ||||||
19 | pursuant to
law and who leases such vehicle to others, after | ||||||
20 | receiving written
notice of a violation of this Article or a | ||||||
21 | parking regulation of a local
authority involving such vehicle, | ||||||
22 | shall upon request provide such police
officers as have | ||||||
23 | authority of the offense, and the court having
jurisdiction | ||||||
24 | thereof, with a written statement of the name and address
of |
| |||||||
| |||||||
1 | the lessee at the time of such offense and the identifying | ||||||
2 | number
upon the registration plates or digital registration | ||||||
3 | plates and registration sticker or stickers or digital | ||||||
4 | registration sticker or stickers of
such vehicle.
| ||||||
5 | (Source: P.A. 80-230; 80-911; 80-1185.)
| ||||||
6 | (625 ILCS 5/12-610) (from Ch. 95 1/2, par. 12-610)
| ||||||
7 | Sec. 12-610. Headset receivers.
| ||||||
8 | (a) Except as provided
under Section 11-1403.3, no driver | ||||||
9 | of a motor vehicle on
the highways of this State shall wear | ||||||
10 | headset receivers while driving.
| ||||||
11 | (b) This Section does not prohibit the use of a headset | ||||||
12 | type
receiving equipment used exclusively for safety or traffic | ||||||
13 | engineering
studies, by law enforcement personnel on duty, or | ||||||
14 | emergency
medical services and fire service personnel.
| ||||||
15 | (c) This Section does not prohibit the use of any single | ||||||
16 | sided headset
type receiving and transmitting equipment | ||||||
17 | designed to be used in or on one
ear which is used exclusively | ||||||
18 | for providing two-way radio vocal
communications by an | ||||||
19 | individual in possession of a current and valid novice
class or | ||||||
20 | higher amateur radio license issued by the Federal | ||||||
21 | Communications
Commission and an amateur radio operator | ||||||
22 | special registration plate or digital registration plate | ||||||
23 | issued
under Section 3-607 of this Code.
| ||||||
24 | (d) This Section does not prohibit the use of a | ||||||
25 | single-sided headset or
earpiece with
a cellular or other |
| |||||||
| |||||||
1 | mobile telephone.
| ||||||
2 | (Source: P.A. 92-152, eff. 7-25-01.)
| ||||||
3 | (625 ILCS 5/13-101) (from Ch. 95 1/2, par. 13-101)
| ||||||
4 | Sec. 13-101. Submission to safety test; certificate of | ||||||
5 | safety. To
promote the safety of the general public, every | ||||||
6 | owner of a second division
vehicle, medical transport vehicle, | ||||||
7 | tow truck, first division vehicle including a taxi which is | ||||||
8 | used for a purpose that requires a school bus driver permit, | ||||||
9 | motor vehicle used for driver education training, or contract | ||||||
10 | carrier
transporting employees in the course of their | ||||||
11 | employment on a highway of
this State in a vehicle designed to | ||||||
12 | carry 15 or fewer passengers shall,
before operating the | ||||||
13 | vehicle
upon the highways of Illinois, submit it to a "safety | ||||||
14 | test" and secure a
certificate of safety furnished by the | ||||||
15 | Department as set forth in Section
13-109. Each second division | ||||||
16 | motor vehicle that pulls or draws a trailer,
semitrailer or | ||||||
17 | pole trailer, with a gross weight of 10,001 lbs or more or
is | ||||||
18 | registered for a gross weight of 10,001 lbs or more, motor bus,
| ||||||
19 | religious organization bus, school bus, senior citizen | ||||||
20 | transportation vehicle,
and limousine shall be subject to
| ||||||
21 | inspection by the Department and the Department is authorized | ||||||
22 | to
establish rules and regulations for the implementation of | ||||||
23 | such inspections.
| ||||||
24 | The owners of each salvage vehicle shall submit it to a | ||||||
25 | "safety test" and
secure a certificate of safety furnished by |
| |||||||
| |||||||
1 | the Department prior to its
salvage vehicle inspection pursuant | ||||||
2 | to Section 3-308 of this Code.
In implementing and enforcing | ||||||
3 | the provisions of this Section, the
Department and other | ||||||
4 | authorized State agencies shall do so in a manner
that is not | ||||||
5 | inconsistent with any applicable federal law or regulation so
| ||||||
6 | that no federal funding or support is jeopardized by the | ||||||
7 | enactment or
application of these provisions.
| ||||||
8 | However, none of the provisions of Chapter 13 requiring | ||||||
9 | safety
tests or a certificate of safety shall apply to:
| ||||||
10 | (a) farm tractors, machinery and implements, wagons, | ||||||
11 | wagon-trailers
or like farm vehicles used primarily in | ||||||
12 | agricultural pursuits;
| ||||||
13 | (b) vehicles other than school buses, tow trucks and | ||||||
14 | medical
transport vehicles owned or operated by a municipal | ||||||
15 | corporation or
political subdivision having a population | ||||||
16 | of 1,000,000 or more inhabitants
and which are subject to | ||||||
17 | safety tests imposed by local ordinance or resolution;
| ||||||
18 | (c) a semitrailer or trailer having a gross weight of | ||||||
19 | 5,000 pounds
or less including vehicle weight and maximum | ||||||
20 | load;
| ||||||
21 | (d) recreational vehicles;
| ||||||
22 | (e) vehicles registered as and displaying Illinois
| ||||||
23 | antique vehicle plates and vehicles registered as | ||||||
24 | expanded-use antique vehicles and displaying expanded-use | ||||||
25 | antique vehicle plates;
| ||||||
26 | (f) house trailers equipped and used for living |
| |||||||
| |||||||
1 | quarters;
| ||||||
2 | (g) vehicles registered as and displaying Illinois | ||||||
3 | permanently
mounted equipment plates or similar vehicles | ||||||
4 | eligible therefor but
registered as governmental vehicles | ||||||
5 | provided that if said vehicle is
reclassified from a | ||||||
6 | permanently mounted equipment plate so as to lose the
| ||||||
7 | exemption of not requiring a certificate of safety, such | ||||||
8 | vehicle must be
safety tested within 30 days of the | ||||||
9 | reclassification;
| ||||||
10 | (h) vehicles owned or operated by a manufacturer, | ||||||
11 | dealer or
transporter displaying a special plate or plates | ||||||
12 | as described in Chapter
3 of this Code while such vehicle | ||||||
13 | is being delivered from the
manufacturing or assembly plant | ||||||
14 | directly to the purchasing dealership or
distributor, or | ||||||
15 | being temporarily road driven for quality control testing,
| ||||||
16 | or from one dealer or distributor to another, or are being
| ||||||
17 | moved by the most direct route from one location to another | ||||||
18 | for the
purpose of installing special bodies or equipment, | ||||||
19 | or driven for purposes
of demonstration by a prospective | ||||||
20 | buyer with the dealer or his agent present
in the cab of | ||||||
21 | the vehicle during the demonstration;
| ||||||
22 | (i) pole trailers and auxiliary axles;
| ||||||
23 | (j) special mobile equipment;
| ||||||
24 | (k) vehicles properly registered in another State | ||||||
25 | pursuant to law and
displaying a valid registration plate | ||||||
26 | or digital registration plate , except vehicles of contract |
| |||||||
| |||||||
1 | carriers
transporting employees in the course of their | ||||||
2 | employment on a highway of this
State in a vehicle designed | ||||||
3 | to carry 15 or fewer passengers
are only exempted to the | ||||||
4 | extent that the safety testing
requirements applicable to | ||||||
5 | such vehicles in the state of registration
are no less | ||||||
6 | stringent than the safety testing requirements applicable
| ||||||
7 | to contract carriers that are lawfully registered in | ||||||
8 | Illinois;
| ||||||
9 | (l) water-well boring apparatuses or rigs;
| ||||||
10 | (m) any vehicle which is owned and operated by the | ||||||
11 | federal government
and externally displays evidence of | ||||||
12 | such ownership; and
| ||||||
13 | (n) second division vehicles registered for a gross | ||||||
14 | weight of 10,000
pounds or less, except when such second | ||||||
15 | division motor vehicles pull
or draw a trailer, | ||||||
16 | semi-trailer or pole trailer having a gross weight of
or | ||||||
17 | registered for a gross weight of more than 10,000 pounds; | ||||||
18 | motor buses;
religious organization buses; school buses; | ||||||
19 | senior citizen transportation
vehicles; medical transport | ||||||
20 | vehicles; tow trucks; and any property carrying vehicles | ||||||
21 | being operated in commerce that are registered for a gross | ||||||
22 | weight of more than 8,000 lbs but less than 10,001 lbs.
| ||||||
23 | The safety test shall include the testing and inspection of
| ||||||
24 | brakes, lights, horns, reflectors, rear vision mirrors, | ||||||
25 | mufflers,
safety chains, windshields and windshield wipers, | ||||||
26 | warning flags and
flares, frame, axle, cab and body, or cab or |
| |||||||
| |||||||
1 | body, wheels, steering
apparatus, and other safety devices and | ||||||
2 | appliances required by this Code
and such other safety tests as | ||||||
3 | the Department may by rule or regulation
require, for second | ||||||
4 | division vehicles, school buses, medical transport
vehicles, | ||||||
5 | tow trucks, first division vehicles including taxis which are | ||||||
6 | used for a purpose that requires a school bus driver permit, | ||||||
7 | motor vehicles used for driver education training, vehicles | ||||||
8 | designed to carry 15 or fewer passengers
operated by a contract | ||||||
9 | carrier transporting employees in the course of their
| ||||||
10 | employment
on a highway of this State, trailers, and
| ||||||
11 | semitrailers subject to inspection.
| ||||||
12 | For tow trucks, the safety test and inspection shall also | ||||||
13 | include
the inspection of winch mountings, body panels, body
| ||||||
14 | mounts, wheel lift swivel points,
and sling straps, and other | ||||||
15 | tests and inspections the Department by
rule requires for tow | ||||||
16 | trucks.
| ||||||
17 | For driver education vehicles used by public high schools, | ||||||
18 | the vehicle must also be equipped with dual control brakes, a | ||||||
19 | mirror on each side of the vehicle so located as to reflect to | ||||||
20 | the driver a view of the highway for a distance of at least 200 | ||||||
21 | feet to the rear, and a sign visible from the front and the | ||||||
22 | rear identifying the vehicle as a driver education car. | ||||||
23 | For trucks, truck tractors, trailers, semi-trailers, | ||||||
24 | buses, and first division vehicles including taxis which are | ||||||
25 | used for a purpose that requires a school bus driver permit, | ||||||
26 | the
safety test shall be conducted in accordance with the |
| |||||||
| |||||||
1 | Minimum Periodic
Inspection Standards promulgated by the | ||||||
2 | Federal Highway Administration of
the U.S. Department of | ||||||
3 | Transportation and contained in Appendix G to
Subchapter B of | ||||||
4 | Chapter III of Title 49 of the Code of Federal Regulations.
| ||||||
5 | Those standards, as now in effect, are made a part of this | ||||||
6 | Code, in the
same manner as though they were set out in full in | ||||||
7 | this Code.
| ||||||
8 | The passing of the safety test shall not be a bar at any | ||||||
9 | time to
prosecution for operating a second division vehicle, | ||||||
10 | medical
transport
vehicle, motor vehicle used for driver | ||||||
11 | education training, or vehicle designed to carry 15 or fewer | ||||||
12 | passengers operated by a
contract carrier as provided in this | ||||||
13 | Section that is unsafe, as determined by
the standards | ||||||
14 | prescribed in this Code.
| ||||||
15 | (Source: P.A. 100-956, eff. 1-1-19 .)
| ||||||
16 | (625 ILCS 5/13C-55) | ||||||
17 | Sec. 13C-55. Enforcement. | ||||||
18 | (a) Computer-Matched Enforcement. | ||||||
19 | (1) The provisions of this subsection (a) are operative | ||||||
20 | until the implementation of the registration denial | ||||||
21 | enforcement mechanism required by subsection (b). The | ||||||
22 | Agency shall cooperate in the enforcement of this Chapter | ||||||
23 | by (i) identifying probable violations through computer | ||||||
24 | matching of vehicle registration records and inspection | ||||||
25 | records; (ii) sending one notice to each suspected violator |
| |||||||
| |||||||
1 | identified through such matching, stating that | ||||||
2 | registration and inspection records indicate that the | ||||||
3 | vehicle owner has not complied with this Chapter; (iii) | ||||||
4 | directing the vehicle owner to notify the Agency or the | ||||||
5 | Secretary of State if he or she has ceased to own the | ||||||
6 | vehicle or has changed residence; and (iv) advising the | ||||||
7 | vehicle owner of the consequences of violating this | ||||||
8 | Chapter. | ||||||
9 | The Agency shall cooperate with the Secretary of State | ||||||
10 | in the administration of this Chapter and the related | ||||||
11 | provisions of Chapter 3, and shall provide the Secretary of | ||||||
12 | State with such information as the Secretary of State may | ||||||
13 | deem necessary for these purposes, including regular and | ||||||
14 | timely access to vehicle inspection records. | ||||||
15 | The Secretary of State shall cooperate with the Agency | ||||||
16 | in the administration of this Chapter and shall provide the | ||||||
17 | Agency with such information as the Agency may deem | ||||||
18 | necessary for the purposes of this Chapter, including | ||||||
19 | regular and timely access to vehicle registration records. | ||||||
20 | Section 2-123 of this Code does not apply to the provision | ||||||
21 | of this information. | ||||||
22 | (2) The Secretary of State shall suspend either the | ||||||
23 | driving privileges or the vehicle registration, or both, of | ||||||
24 | any vehicle owner who has not complied with this Chapter, | ||||||
25 | if (i) the vehicle owner has failed to satisfactorily | ||||||
26 | respond to the one notice sent by the Agency under |
| |||||||
| |||||||
1 | paragraph (a)(1), and (ii) the Secretary of State has | ||||||
2 | mailed the vehicle owner a notice that the suspension will | ||||||
3 | be imposed if the owner does not comply within a stated | ||||||
4 | period, and the Secretary of State has not received | ||||||
5 | satisfactory evidence of compliance within that period. | ||||||
6 | The Secretary of State shall send this notice only after | ||||||
7 | receiving a statement from the Agency that the vehicle | ||||||
8 | owner has failed to comply with this Section. Notice shall | ||||||
9 | be effective as specified in subsection (c) of Section | ||||||
10 | 6-211 of this Code. | ||||||
11 | A suspension under this paragraph (a)(2)
shall not be | ||||||
12 | terminated until satisfactory proof of compliance has been | ||||||
13 | submitted to the Secretary of State. No driver's license or | ||||||
14 | permit, or renewal of a license or permit, may be issued to | ||||||
15 | a person whose driving privileges have been suspended under | ||||||
16 | this Section until the suspension has been terminated. No | ||||||
17 | vehicle registration or registration plate or digital | ||||||
18 | registration plate that has been suspended under this | ||||||
19 | Section may be reinstated or renewed, or transferred by the | ||||||
20 | owner to any other vehicle, until the suspension has been | ||||||
21 | terminated.
| ||||||
22 | (b) Registration Denial Enforcement. | ||||||
23 | (1) No later than January 1, 2008, and consistent with | ||||||
24 | Title 40, Part 51, Section 51.361 of the Code of Federal | ||||||
25 | Regulations, the Agency and the Secretary of State shall | ||||||
26 | design, implement, maintain, and operate a registration |
| |||||||
| |||||||
1 | denial enforcement mechanism to ensure compliance with the | ||||||
2 | provisions of this Chapter, and cooperate with other State | ||||||
3 | and local governmental entities to effectuate its | ||||||
4 | provisions. Specifically, this enforcement mechanism shall | ||||||
5 | contain, at a minimum, the following elements: | ||||||
6 | (A) An external, readily visible means of | ||||||
7 | determining vehicle compliance with the registration | ||||||
8 | requirement to facilitate enforcement of the program; | ||||||
9 | (B) A biennial schedule of testing that clearly | ||||||
10 | determines when a vehicle shall comply prior to | ||||||
11 | registration; | ||||||
12 | (C) A testing certification mechanism (either | ||||||
13 | paper-based or electronic) that shall be used for | ||||||
14 | registration purposes and clearly states whether the | ||||||
15 | certification is valid for purposes of registration, | ||||||
16 | including: | ||||||
17 | (i) Expiration date of the certificate; | ||||||
18 | (ii) Unambiguous vehicle identification | ||||||
19 | information; and | ||||||
20 | (iii) Whether the vehicle passed or received a | ||||||
21 | waiver; | ||||||
22 | (D) A commitment to routinely issue citations to | ||||||
23 | motorists with expired or missing license plates, with | ||||||
24 | either no registration or an expired registration, and | ||||||
25 | with no license plate decals or expired decals, and | ||||||
26 | provide for enforcement officials other than police to |
| |||||||
| |||||||
1 | issue citations (e.g., parking meter attendants) to | ||||||
2 | parked vehicles in noncompliance; | ||||||
3 | (E) A commitment to structure the penalty system to | ||||||
4 | deter noncompliance with the registration requirement | ||||||
5 | through the use of mandatory minimum fines (meaning | ||||||
6 | civil, monetary penalties) constituting a meaningful | ||||||
7 | deterrent and through a requirement that compliance be | ||||||
8 | demonstrated before a case can be closed; | ||||||
9 | (F) Ensurance that evidence of testing is | ||||||
10 | available and checked for validity at the time of a new | ||||||
11 | registration of a used vehicle or registration | ||||||
12 | renewal; | ||||||
13 | (G) Prevention of owners or lessors from avoiding | ||||||
14 | testing through manipulation of the title or | ||||||
15 | registration system; title transfers may re-start the | ||||||
16 | clock on the inspection cycle only if proof of current | ||||||
17 | compliance is required at title transfer; | ||||||
18 | (H) Prevention of the fraudulent initial | ||||||
19 | classification or reclassification of a vehicle from | ||||||
20 | subject to non-subject or exempt by requiring proof of | ||||||
21 | address changes prior to registration record | ||||||
22 | modification, and documentation from the testing | ||||||
23 | program (or delegate) certifying based on a physical | ||||||
24 | inspection that the vehicle is exempt; | ||||||
25 | (I) Limiting and tracking of the use of time | ||||||
26 | extensions of the registration requirement to prevent |
| |||||||
| |||||||
1 | repeated extensions; | ||||||
2 | (J) Providing for meaningful penalties for cases | ||||||
3 | of registration fraud; | ||||||
4 | (K) Limiting and tracking exemptions to prevent | ||||||
5 | abuse of the exemption policy for vehicles claimed to | ||||||
6 | be out-of-state; and | ||||||
7 | (L) Encouraging enforcement of vehicle | ||||||
8 | registration transfer requirements when vehicle owners | ||||||
9 | move into the affected counties by coordinating with | ||||||
10 | local and State enforcement agencies and structuring | ||||||
11 | other activities (e.g., driver's license issuance) to | ||||||
12 | effect registration transfers. | ||||||
13 | (2) The Agency shall cooperate in the enforcement of | ||||||
14 | this Chapter by providing the owner or owners of complying | ||||||
15 | vehicles with a Compliance Certificate stating that the | ||||||
16 | vehicle meets all applicable requirements of this Chapter. | ||||||
17 | The Agency shall cooperate with the Secretary of State | ||||||
18 | in the administration of this Chapter and the related | ||||||
19 | provisions of Chapter 3, and shall provide the Secretary of | ||||||
20 | State with such information as the Secretary of State may | ||||||
21 | deem necessary for these purposes, including regular and | ||||||
22 | timely access to vehicle inspection records. | ||||||
23 | The Secretary of State shall cooperate with the Agency | ||||||
24 | in the administration of this Chapter and shall provide the | ||||||
25 | Agency with such information as the Agency may deem | ||||||
26 | necessary for the purposes of this Chapter, including |
| |||||||
| |||||||
1 | regular and timely access to vehicle registration records. | ||||||
2 | Section 2-123 of this Code does not apply to the provision | ||||||
3 | of this information. | ||||||
4 | (3) Consistent with the requirements of Section | ||||||
5 | 13C-15, the Secretary of State shall not renew any vehicle | ||||||
6 | registration for a subject vehicle that has not complied | ||||||
7 | with this Chapter. Additionally, the Secretary of State | ||||||
8 | shall not allow the issuance of a new registration nor | ||||||
9 | allow the transfer of a registration to a subject vehicle | ||||||
10 | that has not complied with this Chapter. | ||||||
11 | (4) The Secretary of State shall suspend the | ||||||
12 | registration of any vehicle which has permanent vehicle | ||||||
13 | registration plates or digital registration plates that | ||||||
14 | has not complied with the requirements of this Chapter. A | ||||||
15 | suspension under this paragraph (4) shall not be terminated | ||||||
16 | until satisfactory proof of compliance has been submitted | ||||||
17 | to the Secretary of State. No permanent vehicle | ||||||
18 | registration plate or digital registration plate that has | ||||||
19 | been suspended under this Section may be reinstated or | ||||||
20 | renewed, or transferred by the owner to any other vehicle, | ||||||
21 | until the suspension has been terminated. | ||||||
22 | (Source: P.A. 94-526, eff. 1-1-06; 94-848, eff. 6-9-06.)
| ||||||
23 | (625 ILCS 5/20-401) (from Ch. 95 1/2, par. 20-401)
| ||||||
24 | Sec. 20-401. Saving provisions. The repeal of any Act by | ||||||
25 | this
Chapter shall not affect any right accrued or liability |
| |||||||
| |||||||
1 | incurred under
said repealed Act to the effective date hereof.
| ||||||
2 | The provisions of this Act, insofar as they are the same or
| ||||||
3 | substantially the same as those of any prior Act, shall be | ||||||
4 | construed as
a continuation of said prior Act. Any license, | ||||||
5 | permit, certificate,
registration, registration plate or | ||||||
6 | digital registration plate , registration sticker or digital | ||||||
7 | registration sticker , bond, policy of
insurance or other | ||||||
8 | instrument or document issued or filed or any deposit
made | ||||||
9 | under any such prior Act and still in effect on the effective | ||||||
10 | date
of this Act shall, except as otherwise specifically | ||||||
11 | provided in this
Act, be deemed the equivalent of a license, | ||||||
12 | permit, certificate,
registration, registration plate or | ||||||
13 | digital registration plate , registration sticker or digital | ||||||
14 | registration sticker , bond, policy of
insurance, or other | ||||||
15 | instrument or document issued or filed or any
deposit made | ||||||
16 | under this Act, and shall continue in effect until its
| ||||||
17 | expiration or until suspended, revoked, cancelled or forfeited | ||||||
18 | under
this Act.
| ||||||
19 | Furthermore, when any section of any of the various laws or | ||||||
20 | acts
repealed by this Act is amended by an Amendatory Act of | ||||||
21 | the 76th General
Assembly, and such amended section becomes law | ||||||
22 | prior to the effective
date of this Act, then it is the intent | ||||||
23 | of the General Assembly that the
corresponding section of this | ||||||
24 | Code and Act be construed so as to give
effect to such | ||||||
25 | amendment as if it were made a part of this Code.
Should, | ||||||
26 | however, any such Amendatory Act amend a definition of a word |
| |||||||
| |||||||
1 | or
phrase in an act repealed by this Act, and such becomes law | ||||||
2 | prior to the
effective date of this Act, it is the further | ||||||
3 | intent of the General
Assembly that the corresponding section | ||||||
4 | of this Code specifically
defining such word or phrase be | ||||||
5 | construed so as to give effect to such
amendment, and if not | ||||||
6 | specifically defined, that the corresponding
section of | ||||||
7 | Chapter 1 of this Code be construed so as to give effect to
| ||||||
8 | such amendment. In the event that a new section is added to an | ||||||
9 | act
repealed by this Act by an Act of the 76th General | ||||||
10 | Assembly, it is the
further intent of the General Assembly that | ||||||
11 | this Code be construed as if
such were made a part of this | ||||||
12 | Code.
| ||||||
13 | (Source: P.A. 80-230.)
| ||||||
14 | Section 25. The Automated Traffic Control Systems in | ||||||
15 | Highway Construction or Maintenance Zones Act is amended by | ||||||
16 | changing Sections 15 and 30 as follows: | ||||||
17 | (625 ILCS 7/15)
| ||||||
18 | Sec. 15. Definitions. As used in this Act: | ||||||
19 | (a) "Automated traffic control system" means a | ||||||
20 | photographic device, radar device, laser device, or other | ||||||
21 | electrical or mechanical device or devices designed to record | ||||||
22 | the speed of a vehicle and obtain a clear photograph or other | ||||||
23 | recorded image of the vehicle, the vehicle operator, and the | ||||||
24 | vehicle's registration plate or digital registration plate |
| |||||||
| |||||||
1 | while the driver is violating Section 11-605.1 of the Illinois | ||||||
2 | Vehicle Code. The photograph or other recorded image must also | ||||||
3 | display the time, date, and location of the violation. A law | ||||||
4 | enforcement officer is not required to be present or to witness | ||||||
5 | the violation. | ||||||
6 | (b) "Construction or maintenance zone" means an area in | ||||||
7 | which the Department of Transportation or the Illinois State | ||||||
8 | Toll Highway Authority has determined that the preexisting | ||||||
9 | established speed limit through a highway construction or | ||||||
10 | maintenance project is greater than is reasonable or safe with
| ||||||
11 | respect to the conditions expected to exist in the construction | ||||||
12 | or maintenance
zone and has posted a lower speed limit with a | ||||||
13 | highway construction or maintenance zone special speed limit | ||||||
14 | sign in accordance with Section 11-605.1 of the Illinois | ||||||
15 | Vehicle Code. | ||||||
16 | (c) "Owner" means the person or entity to whom the vehicle | ||||||
17 | is registered.
| ||||||
18 | (Source: P.A. 93-947, eff. 8-19-04.) | ||||||
19 | (625 ILCS 7/30)
| ||||||
20 | Sec. 30. Requirements for issuance of a citation. | ||||||
21 | (a) The vehicle, vehicle operator, vehicle registration | ||||||
22 | plate or digital registration plate , speed, date, time, and | ||||||
23 | location must be clearly visible on the photograph or other | ||||||
24 | recorded image of the alleged violation. | ||||||
25 | (b) A Uniform Traffic Citation must be mailed or otherwise |
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
1 | delivered to the registered owner of the vehicle. If mailed, | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
2 | the citation must be sent via certified mail within 14
business | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
3 | days of the alleged violation, return receipt requested. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
4 | (c) The Uniform Traffic Citation must include: | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
5 | (1) the name and address of the vehicle owner; | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
6 | (2) the registration number of the vehicle; | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
7 | (3) the offense charged; | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
8 | (4) the time, date, and location of the violation; | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
9 | (5) the first available court date; and
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
10 | (6) notice that the basis of the citation is the | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
11 | photograph or recorded image from the automated traffic | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
12 | control system. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
13 | (d) The Uniform Traffic Citation issued to the violator | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
14 | must be accompanied by a written document that lists the | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
15 | violator's rights and obligations and explains how the violator | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
16 | can elect to proceed by either paying the fine or challenging | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
17 | the issuance of the Uniform Traffic Citation.
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
18 | (Source: P.A. 93-947, eff. 8-19-04; 94-757, eff. 5-12-06; | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
19 | 94-814, eff. 1-1-07.)
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
20 | Section 99. Effective date. This Act takes effect upon | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
21 | becoming law.
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