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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 5. The Illinois Vehicle Code is amended by changing | ||||||
| 5 | Section 3-704 as follows:
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| 6 | (625 ILCS 5/3-704) (from Ch. 95 1/2, par. 3-704)
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| 7 | Sec. 3-704. Authority of Secretary of State to suspend or | ||||||
| 8 | revoke a registration or
certificate of title; authority to | ||||||
| 9 | suspend or revoke the registration of a
vehicle.
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| 10 | (a) The Secretary of State may suspend or revoke the | ||||||
| 11 | registration of a
vehicle or a certificate of title, | ||||||
| 12 | registration card, registration sticker,
registration plate, | ||||||
| 13 | disability parking decal or device,
or any nonresident or other | ||||||
| 14 | permit in any of the following events:
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| 15 | 1. When the Secretary of State is satisfied that such | ||||||
| 16 | registration or
that such certificate, card, plate, | ||||||
| 17 | registration sticker or permit was
fraudulently or
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| 18 | erroneously issued;
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| 19 | 2. When a registered vehicle has been dismantled or | ||||||
| 20 | wrecked or is not
properly equipped;
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| 21 | 3. When the Secretary of State determines that any | ||||||
| 22 | required fees have
not been paid to the Secretary of State, | ||||||
| 23 | to the Illinois Commerce
Commission, or to the Illinois | ||||||
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| 1 | Department of Revenue under the Motor Fuel Tax Law, and the | ||||||
| 2 | same are not paid upon reasonable notice and demand;
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| 3 | 4. When a registration card, registration plate, | ||||||
| 4 | registration sticker
or permit is knowingly
displayed upon | ||||||
| 5 | a vehicle other than the one for which issued;
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| 6 | 5. When the Secretary of State determines that the | ||||||
| 7 | owner has committed
any offense under this Chapter | ||||||
| 8 | involving the registration or the
certificate, card, | ||||||
| 9 | plate, registration sticker or permit to be suspended or
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| 10 | revoked;
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| 11 | 6. When the Secretary of State determines that a | ||||||
| 12 | vehicle registered
not-for-hire is used or operated | ||||||
| 13 | for-hire unlawfully, or used or operated
for purposes other | ||||||
| 14 | than those authorized;
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| 15 | 7. When the Secretary of State determines that an owner | ||||||
| 16 | of a for-hire
motor vehicle has failed to give proof of | ||||||
| 17 | financial responsibility as
required by this Act;
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| 18 | 8. When the Secretary determines that the vehicle is | ||||||
| 19 | not subject to or
eligible for a registration;
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| 20 | 9. When the Secretary determines that the owner of a | ||||||
| 21 | vehicle registered
under the mileage weight tax option | ||||||
| 22 | fails to maintain the records specified
by law, or fails to | ||||||
| 23 | file the reports required by law, or that such vehicle
is | ||||||
| 24 | not equipped with an operable and operating speedometer or | ||||||
| 25 | odometer;
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| 26 | 10. When the Secretary of State is so authorized under | ||||||
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| 1 | any other
provision of law;
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| 2 | 11. When the Secretary of State determines that the | ||||||
| 3 | holder of a disability parking decal or device has | ||||||
| 4 | committed any offense under Chapter 11
of this Code | ||||||
| 5 | involving the use of a disability parking decal
or device.
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| 6 | (a-5) The Secretary of State may revoke a certificate of | ||||||
| 7 | title and registration card and issue a corrected certificate | ||||||
| 8 | of title and registration card, at no fee to the vehicle owner | ||||||
| 9 | or lienholder, if there is proof that the vehicle | ||||||
| 10 | identification number is erroneously shown on the original | ||||||
| 11 | certificate of title.
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| 12 | (b) The Secretary of State may suspend or revoke the | ||||||
| 13 | registration of a
vehicle as follows:
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| 14 | 1. When the Secretary of State determines that the | ||||||
| 15 | owner of a vehicle has
not paid a civil penalty or a | ||||||
| 16 | settlement agreement arising from the
violation of rules | ||||||
| 17 | adopted under the Illinois Motor Carrier Safety Law or the
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| 18 | Illinois Hazardous Materials Transportation Act or that a | ||||||
| 19 | vehicle, regardless
of ownership, was the subject of | ||||||
| 20 | violations of these rules that resulted in a
civil penalty | ||||||
| 21 | or settlement agreement which remains unpaid.
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| 22 | 2. When the Secretary of State determines that a | ||||||
| 23 | vehicle registered for a
gross weight of more than 16,000 | ||||||
| 24 | pounds within an affected area is not in
compliance with | ||||||
| 25 | the provisions of Section 13-109.1 of the Illinois Vehicle
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| 26 | Code. | ||||||
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| 1 | 3. When the Secretary of State is notified by the | ||||||
| 2 | United States Department of Transportation that a vehicle | ||||||
| 3 | is in violation of the Federal Motor Carrier Safety | ||||||
| 4 | Regulations, as they are now or hereafter amended, and is | ||||||
| 5 | prohibited from operating.
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| 6 | 4. When a court finds that the vehicle was used in a | ||||||
| 7 | violation of Section 24-3A of the Criminal Code of 1961 | ||||||
| 8 | relating to gunrunning. A suspension or revocation of | ||||||
| 9 | registration under this paragraph 4 may be for a period of | ||||||
| 10 | up to 90 days. | ||||||
| 11 | (Source: P.A. 94-239, eff. 1-1-06; 94-619, eff. 1-1-06; 94-759, | ||||||
| 12 | eff. 5-12-06; 95-287, eff. 1-1-08.)
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| 13 | Section 99. Effective date. This Act takes effect January | ||||||
| 14 | 1, 2012. | ||||||