|
||||||||||||||||||||
|
||||||||||||||||||||
| ||||||||||||||||||||
|
||||||||||||||||||||
| ||||||||||||||||||||
1 | AN ACT concerning vehicles.
| |||||||||||||||||||
2 | Be it enacted by the People of the State of Illinois,
| |||||||||||||||||||
3 | represented in the General Assembly:
| |||||||||||||||||||
4 | Section 5. The Illinois Vehicle Code is amended by changing | |||||||||||||||||||
5 | Section 6-305 as follows:
| |||||||||||||||||||
6 | (625 ILCS 5/6-305) (from Ch. 95 1/2, par. 6-305)
| |||||||||||||||||||
7 | Sec. 6-305. Renting motor vehicle to another.
| |||||||||||||||||||
8 | (a) No person may
shall rent a motor vehicle to any other | |||||||||||||||||||
9 | person unless the
latter person, or a driver designated by a | |||||||||||||||||||
10 | nondriver with disabilities and
meeting any minimum age and | |||||||||||||||||||
11 | driver's record requirements that are uniformly
applied by the | |||||||||||||||||||
12 | person renting a motor vehicle, is then duly licensed
hereunder | |||||||||||||||||||
13 | or, in the case of a
nonresident, then duly licensed under the | |||||||||||||||||||
14 | laws of the State or country of
his residence unless the State | |||||||||||||||||||
15 | or country of his residence does not require
that a driver be | |||||||||||||||||||
16 | licensed.
| |||||||||||||||||||
17 | (b) No person shall rent a motor vehicle to another until | |||||||||||||||||||
18 | he has
inspected the drivers license of the person to whom the | |||||||||||||||||||
19 | vehicle is to be
rented, or by whom it is to be driven, and | |||||||||||||||||||
20 | compared and verified the
signature thereon with the signature
| |||||||||||||||||||
21 | of such person written in his presence unless, in the case of a
| |||||||||||||||||||
22 | nonresident, the State or country wherein the nonresident | |||||||||||||||||||
23 | resides does not
require that a driver be licensed.
| |||||||||||||||||||
24 | (c) No person shall rent a motorcycle to another unless the | |||||||||||||||||||
25 | latter
person is then duly licensed hereunder as a motorcycle | |||||||||||||||||||
26 | operator, and in the
case of a nonresident, then duly licensed | |||||||||||||||||||
27 | under the laws of the State or
country of his residence, unless | |||||||||||||||||||
28 | the State or country of his residence does
not require that a | |||||||||||||||||||
29 | driver be licensed.
| |||||||||||||||||||
30 | (d) (Blank).
| |||||||||||||||||||
31 | (e) (Blank).
| |||||||||||||||||||
32 | (f) Any person who rents a motor vehicle to another shall |
| |||||||
|
|||||||
1 | only
advertise, quote, and charge a rental rate that includes | ||||||
2 | the entire amount
except taxes and a mileage charge, if any, | ||||||
3 | which a renter must pay to hire
or lease the vehicle for the | ||||||
4 | period of time to which the rental rate
applies.
The person | ||||||
5 | must provide, on the request of the renter, based on the
| ||||||
6 | available information, an estimated total of the daily rental | ||||||
7 | rate,
including all applicable taxes, fees, and other charges, | ||||||
8 | or an
estimated total rental charge, based on the return date | ||||||
9 | of the vehicle
noted on the rental agreement. Further, if the | ||||||
10 | rental agreement does
not already provide an estimated total | ||||||
11 | rental charge, the following
statement must be included in the | ||||||
12 | rental agreement:
| ||||||
13 | "NOTICE: UNDER ILLINOIS LAW, YOU MAY REQUEST, BASED ON
| ||||||
14 | AVAILABLE INFORMATION, AN ESTIMATED TOTAL DAILY RENTAL | ||||||
15 | RATE,
INCLUDING TAXES, FEES, AND OTHER CHARGES, OR AN | ||||||
16 | ESTIMATED
TOTAL RENTAL CHARGE, BASED ON THE VEHICLE RETURN | ||||||
17 | DATE NOTED ON
THIS AGREEMENT."
| ||||||
18 | Such person shall not charge in addition to the rental | ||||||
19 | rate,
taxes, and mileage charge, if any, any fee which must be | ||||||
20 | paid by the renter
as a condition of hiring or leasing the | ||||||
21 | vehicle, such as, but not limited
to, required fuel or airport | ||||||
22 | surcharges, nor any fee for transporting the
renter to the | ||||||
23 | location where the rented vehicle will be delivered to the
| ||||||
24 | renter. In addition to the rental rate, taxes, and mileage | ||||||
25 | charge, if any,
such person may charge for an item or service | ||||||
26 | provided in connection with a
particular rental transaction if | ||||||
27 | the renter can avoid incurring the charge by
choosing not to | ||||||
28 | obtain or utilize the optional item or service. Items and
| ||||||
29 | services for which such person may impose an additional charge | ||||||
30 | include, but are
not limited to, optional insurance and | ||||||
31 | accessories requested by the renter,
service charges incident | ||||||
32 | to the renter's optional return of the vehicle to
a location | ||||||
33 | other than the location where the vehicle was hired or leased,
| ||||||
34 | and charges for refueling the vehicle at the conclusion of the | ||||||
35 | rental
transaction in the event the renter did not return the | ||||||
36 | vehicle with as much
fuel as was in the fuel tank at the |
| |||||||
|
|||||||
1 | beginning of the rental.
| ||||||
2 | (g) Every person renting a motor vehicle to another shall | ||||||
3 | keep a record
of the registration number of the motor vehicle | ||||||
4 | so rented, the name and
address of the person to whom the | ||||||
5 | vehicle is rented, the number of the
license, if any, of said | ||||||
6 | latter person, and the date and place when and
where the | ||||||
7 | license, if any, was issued. Such record shall be open
to
| ||||||
8 | inspection by any police officer or designated agent of the | ||||||
9 | Secretary of
State.
| ||||||
10 | (h) A person licensed as a new car dealer under Section | ||||||
11 | 5-101 of this
Code shall not be subject to the provisions of | ||||||
12 | this Section regarding the
rental of private passenger motor | ||||||
13 | vehicles when providing, free of charge,
temporary substitute | ||||||
14 | vehicles for customers to operate during a period when
a | ||||||
15 | customer's vehicle, which is either leased or owned by that | ||||||
16 | customer, is
being repaired, serviced, replaced or otherwise | ||||||
17 | made unavailable to the
customer in accordance with an | ||||||
18 | agreement with the licensed new car dealer
or vehicle | ||||||
19 | manufacturer, so long as the customer orally or in writing is
| ||||||
20 | made aware that the temporary substitute vehicle will be | ||||||
21 | covered by his or
her
insurance policy and the customer shall | ||||||
22 | only be liable to the extent of any
amount deductible from such | ||||||
23 | insurance coverage in accordance with the terms
of the policy.
| ||||||
24 | (i) This Section, except the requirements of subsection | ||||||
25 | (g), also applies
to rental agreements of 30 continuous days or | ||||||
26 | less involving a motor
vehicle that was delivered by an out of | ||||||
27 | State person or business to a
renter in this State.
| ||||||
28 | (j) A public airport
may, if approved by its local | ||||||
29 | government corporate authorities or its airport
authority, | ||||||
30 | impose a customer facility charge upon customers of rental car
| ||||||
31 | companies for the purposes of financing, designing, | ||||||
32 | constructing,
operating, and maintaining consolidated car | ||||||
33 | rental facilities and common
use transportation equipment and
| ||||||
34 | facilities,
which are used to transport the customer, | ||||||
35 | connecting consolidated
car rental facilities with other | ||||||
36 | airport facilities.
|
| |||||||
|
|||||||
1 | Notwithstanding
subsection (f) of this
Section, the | ||||||
2 | customer facility charge shall
be collected by the rental car | ||||||
3 | company as a separate charge, and clearly
indicated as
a | ||||||
4 | separate charge
on the rental agreement and invoice.
Facility | ||||||
5 | charges shall be immediately deposited into a trust account
for | ||||||
6 | the benefit of the airport and
remitted at the direction of the | ||||||
7 | airport, but
not more often than once per month.
The charge | ||||||
8 | shall be uniformly calculated on a per-contract or per-day
| ||||||
9 | basis.
Facility charges imposed by the airport may not exceed | ||||||
10 | the reasonable
costs of financing, designing, constructing, | ||||||
11 | operating, and maintaining the
consolidated car rental | ||||||
12 | facilities and common use transportation equipment and
| ||||||
13 | facilities and may not be used for any other purpose.
| ||||||
14 | Notwithstanding any other provision of law, the charges | ||||||
15 | collected
under
this Section are not subject to retailer | ||||||
16 | occupation, sales,
use,
or transaction taxes.
| ||||||
17 | (k) When a rental car company states a rental rate in any | ||||||
18 | of its rate
advertisements, its proprietary computer
| ||||||
19 | reservation systems, or its in-person quotations
intended to | ||||||
20 | apply to
an airport rental, a company that collects from its | ||||||
21 | customers a customer
facility charge for that rental under | ||||||
22 | subsection (j) shall do all of the
following:
| ||||||
23 | (1) Clearly and conspicuously disclose in any radio, | ||||||
24 | television, or other
electronic media advertisements the | ||||||
25 | existence and
amount of the charge if the advertisement is | ||||||
26 | intended for rentals at an airport
imposing the charge or, | ||||||
27 | if the
advertisement covers an area with multiple airports | ||||||
28 | with different charges, a
range of amounts of customer | ||||||
29 | facility charges if the advertisement is intended
for | ||||||
30 | rentals at an airport imposing the charge.
| ||||||
31 | (2) Clearly and conspicuously disclose in any print | ||||||
32 | rate advertising the
existence and
amount of the charge if | ||||||
33 | the advertisement is intended for rentals at an airport
| ||||||
34 | imposing the charge or, if the print rate advertisement | ||||||
35 | covers an area with
multiple
airports with different | ||||||
36 | charges, a range of amounts of customer facility
charges if |
| |||||||
|
|||||||
1 | the advertisement is intended for rentals at an airport | ||||||
2 | imposing the
charge.
| ||||||
3 | (3) Clearly and conspicuously disclose the existence | ||||||
4 | and
amount of the charge in any telephonic, in-person, or | ||||||
5 | computer-transmitted
quotation from the rental car | ||||||
6 | company's proprietary computer reservation system
at the | ||||||
7 | time of making an initial quotation of a
rental rate if the | ||||||
8 | quotation is made by a rental car company location at an
| ||||||
9 | airport imposing the charge and at the time of making a | ||||||
10 | reservation of a rental
car if the reservation is made by a | ||||||
11 | rental car company location at an airport
imposing the | ||||||
12 | charge.
| ||||||
13 | (4) Clearly and conspicuously display the charge in any | ||||||
14 | proprietary
computer-assisted
reservation or transaction | ||||||
15 | directly between the rental car company and the
customer,
| ||||||
16 | shown or referenced on the
same page on the computer screen | ||||||
17 | viewed by the customer as the
displayed rental rate and in | ||||||
18 | a print size not smaller than the print size of
the rental | ||||||
19 | rate.
| ||||||
20 | (5) Clearly and conspicuously disclose
and separately | ||||||
21 | identify the existence and amount of the charge on its | ||||||
22 | rental
agreement.
| ||||||
23 | (6) A rental car company that collects from its | ||||||
24 | customers a customer
facility charge under subsection (j) | ||||||
25 | and engages in a practice which does not
comply with
| ||||||
26 | subsections (f), (j), and (k) commits an unlawful
practice | ||||||
27 | within the meaning of the Consumer Fraud and Deceptive | ||||||
28 | Business
Practices Act.
| ||||||
29 | (Source: P.A. 92-426, eff. 1-1-02; 93-118, eff. 1-1-04.)
|