Rep. Jay Hoffman

Filed: 3/25/2019

 

 


 

 


 
10100HB2336ham002LRB101 08833 TAE 58444 a

1
AMENDMENT TO HOUSE BILL 2336

2    AMENDMENT NO. ______. Amend House Bill 2336 by replacing
3everything after the enacting clause with the following:
 
4    "Section 1. It is the intent of the General Assembly that
5all references made to vehicle license plates and license plate
6stickers be construed to include electronic vehicle license
7plates and vehicle stickers as approved by the Secretary of
8State. It is the policy of this State to encourage the issuance
9of a combination of metal and electronic license plates and
10vehicle stickers.
 
11    Section 5. The State Vehicle Identification Act is amended
12by changing Sections 2 and 3 as follows:
 
13    (30 ILCS 610/2)  (from Ch. 127, par. 133e2)
14    Sec. 2. All vehicles not exempt from identification by
15Section 4 of this Act shall be identified by a special

 

 

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1registration plate or digital registration plate.
2(Source: P.A. 83-449.)
 
3    (30 ILCS 610/3)  (from Ch. 127, par. 133e3)
4    Sec. 3. Every agency, board, commission, branch or
5department of this State or controlled by officers of this
6State, possessing, operating or controlling vehicles shall
7ensure insure that such vehicles are properly identified by
8affixing the special registration plate or digital
9registration plate at the first registration period following
10the effective date of this amendatory Act of 1979. Such
11agencies, boards, commissions, branches and departments shall
12arrange for the replacement of missing registration plates or
13digital registration plates when necessary in order that
14vehicles at all times be clearly identified as belonging to the
15State of Illinois.
16(Source: P.A. 81-449.)
 
17    Section 10. The Counties Code is amended by changing
18Section 5-12006 as follows:
 
19    (55 ILCS 5/5-12006)  (from Ch. 34, par. 5-12006)
20    Sec. 5-12006. Vehicle removal.
21    (a) In any county with 500,000 or more inhabitants, but
22fewer than 3,000,000, when a vehicle is abandoned or left
23unattended on a highway other than a toll highway, interstate

 

 

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1highway, or expressway, outside of an urban district for 24
2hours or more, its removal by a towing service may be
3authorized by the administrative official charged with such
4duty.
5    (b) When a vehicle removal from either public or private
6property is authorized, the owner of the vehicle shall be
7responsible for all towing costs.
8    Vehicles removed from public or private property and stored
9by a commercial vehicle relocator or any other towing service
10in compliance with the Illinois Vehicle Code shall be subject
11to a possessory lien for services pursuant to "An Act
12concerning liens for labor, services, skill or materials
13furnished upon or storage furnished for chattels", filed July
1424, 1941, as amended and the provision of Section 1 of that Act
15relating to notice and implied consent shall be deemed
16satisfied by compliance with Section 18a-302 and subsection (6)
17of Section 18a-300 of The Illinois Vehicle Code. In no event
18shall such lien be greater than the rate established in
19accordance with subsection (3) of Section 18a-200 of The
20Illinois Vehicle Code. In no event shall such lien be increased
21or altered to reflect any charge for services or materials
22rendered in addition to those authorized by this Division.
23Every such lien shall be payable by use of any major credit
24card, in addition to being payable in cash.
25    (c) When a vehicle is authorized to be towed away under
26this Division, the administrative official authorizing the

 

 

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1towing shall keep and maintain a record of the vehicle towed,
2listing the color, year of manufacture, manufacturer's trade
3name, manufacturer's series name, body style, vehicle
4identification number, license plate year and number and
5registration sticker or digital registration sticker year and
6number displayed on the vehicle. The record shall also include
7the date and hour of tow, location towed from, location towed
8to, reason for towing and the name of the officer authorizing
9the tow.
10    The administrative official authorizing the towing shall
11further follow the procedures for notification of record owner
12or other legally entitled person, or if such person cannot be
13identified, procedures for tracing vehicle ownership by the
14Illinois State Police as set forth in The Illinois Vehicle Code
15and procedures for disposing of unclaimed vehicles with or
16without notice.
17(Source: P.A. 86-962.)
 
18    Section 15. The Toll Highway Act is amended by changing
19Section 27.2 as follows:
 
20    (605 ILCS 10/27.2)
21    Sec. 27.2. Obstruction of registration plate or digital
22registration plate visibility to electronic image recording.
23    (a) A person may not operate on a toll highway any motor
24vehicle that is equipped with tinted plastic or tinted glass

 

 

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1registration plate or digital registration plate covers or any
2covers, coating, wrappings, materials, streaking, distorting,
3holographic, reflective, or other devices that obstruct the
4visibility or electronic image recording of the plate or
5digital registration plate. This subsection (a) shall not apply
6to automatic vehicle identification transponder devices, cards
7or chips issued by a governmental body or authorized by a
8governmental body for the purpose of electronic payment of
9tolls or other authorized payments, the exemption of which
10shall preempt any local legislation to the contrary.
11    (b) If a State or local law enforcement officer having
12jurisdiction observes that a cover or other device or material
13or substance is obstructing the visibility or electronic image
14recording of the plate, the officer shall issue a Uniform
15Traffic Citation and shall confiscate the cover or other device
16that obstructs the visibility or electronic image recording of
17the plate. If the State or local law enforcement officer having
18jurisdiction observes that the plate itself has been physically
19treated with a substance or material that is obstructing the
20visibility or electronic image recording of the plate, the
21officer shall issue a Uniform Traffic Citation and shall
22confiscate the plate. The Secretary of State shall revoke the
23registration of any plate that has been found by a court or
24administrative tribunal to have been physically altered with
25any chemical or reflective substance or coating that obstructs
26the visibility or electronic image recording of the plate. A

 

 

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1fine of $750 shall be imposed in any instance where a plate
2cover obstructs the visibility or electronic image recording of
3the plate. A fine of $1,000 shall be imposed where a plate has
4been physically altered with any chemical or reflective
5substance or coating that obstructs the visibility or
6electronic image recording of the plate.
7    (c) The Illinois Attorney General may file suit against any
8individual or entity offering or marketing the sale, including
9via the Internet, of any product advertised as having the
10capacity to obstruct the visibility or electronic image
11recording of a license plate or digital registration plate. In
12addition to injunctive and monetary relief, punitive damages,
13and attorneys fees, the suit shall also seek a full accounting
14of the records of all sales to residents of or entities within
15the State of Illinois.
16    (d) The provisions in this Section may be extended to other
17public toll facilities in the State of Illinois through a duly
18executed intergovernmental agreement between the Authority and
19another public body.
20(Source: P.A. 94-636, eff. 8-22-05.)
 
21    Section 20. The Illinois Vehicle Code is amended by
22changing Sections 1-171, 1-190.1, 2-111, 3-400, 3-402, 3-404,
233-412, 3-413, 3-414, 3-417, 3-421, 3-501.1, 3-600, 3-607,
243-609, 3-639, 3-701, 3-702, 3-703, 3-704, 3-704.1, 3-706,
253-802, 3-806.3, 3-814.3, 3-814.4, 3-820, 3-824, 4-104, 4-105,

 

 

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14-204, 5-202, 6-305, 7-303, 7-402, 7-602, 8-113, 8-114, 9-109,
211-204.1, 11-208.6, 11-208.8, 11-208.9, 11-1201.1, 11-1301.1,
311-1301.2, 11-1303, 11-1304.5, 11-1305, 12-610, 13-101,
413C-55, and 20-401 and by adding Sections 3-401.5 and 3-401.6
5as follows:
 
6    (625 ILCS 5/1-171)  (from Ch. 95 1/2, par. 1-171)
7    Sec. 1-171. Registration - Registration Sticker.
8Registration. The registration certificate or certificates,
9registration plates and registration stickers issued under the
10laws of this State pertaining to the registration of vehicles.
11    Registration Sticker or Stickers. A device or devices to be
12attached to a rear registration plate that will renew the
13registration and registration plate or plates for a
14pre-determined period not to exceed one registration year
15except as provided in subsection (1) of Section 3-414 of this
16Code. Should the Secretary of State determine it is advisable
17to require a registration sticker to be attached to a front
18registration plate, he may require such action and provide the
19necessary additional sticker. Such determination shall be
20publicly announced at least 30 days in advance of a new annual
21registration year.
22    "Registration" and "registration sticker or stickers"
23includes digital registration plates and digital registration
24stickers issued by the Secretary of State under Section
253-401.5.

 

 

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1(Source: P.A. 80-1185.)
 
2    (625 ILCS 5/1-190.1)
3    Sec. 1-190.1. Special license plate. Registration plates
4issued by the Secretary of State that by statute require, in
5addition to the applicable registration fee, an additional fee
6that is to be deposited into the Secretary of State Special
7License Plate Fund. "Special license plate" includes digital
8registration plates that by statute require, in addition to the
9applicable registration fee, an additional fee that is to be
10deposited into the Secretary of State Special License Plate
11Fund.
12(Source: P.A. 89-282, eff. 8-10-95.)
 
13    (625 ILCS 5/2-111)  (from Ch. 95 1/2, par. 2-111)
14    Sec. 2-111. Seizure or confiscation of documents and
15plates.
16    (a) The Secretary of State is authorized to take possession
17of any certificate of title, registration card, permit,
18license, registration plate or digital registration plate,
19plates, disability license plate or parking decal or device, or
20registration sticker or digital registration sticker issued by
21him or her upon expiration, revocation, cancellation or
22suspension thereof, or which is fictitious, or which has been
23unlawfully or erroneously issued. Police officers who have
24reasonable grounds to believe that any item or items listed in

 

 

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1this Section should be seized shall take possession of the
2items and return them or cause them to be returned to the
3Secretary of State.
4    (b) The Secretary of State is authorized to confiscate any
5suspected fraudulent, fictitious, or altered documents
6submitted by an applicant in support of an application for a
7driver's license or permit.
8(Source: P.A. 97-743, eff. 1-1-13.)
 
9    (625 ILCS 5/3-400)  (from Ch. 95 1/2, par. 3-400)
10    Sec. 3-400. Definitions. Notwithstanding the definitions
11set forth in Chapter 1 of this Act, for the purposes of this
12Article, the following words shall have the meaning ascribed to
13them as follows:
14    "Apportionable Fee" means any periodic recurring fee
15required for licensing or registering vehicles, such as, but
16not limited to, registration fees, license or weight fees.
17    "Apportionable Vehicle" means any vehicle, except
18recreational vehicles, vehicles displaying restricted plates,
19city pickup and delivery vehicles, buses used in transportation
20of chartered parties, and government owned vehicles that are
21used or intended for use in 2 or more member jurisdictions that
22allocate or proportionally register vehicles, in a fleet which
23is used for the transportation of persons for hire or the
24transportation of property and which has a gross vehicle weight
25in excess of 26,000 pounds; or has three or more axles

 

 

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1regardless of weight; or is used in combination when the weight
2of such combination exceeds 26,000 pounds gross vehicle weight.
3Vehicles, or combinations having a gross vehicle weight of
426,000 pounds or less and two-axle vehicles may be
5proportionally registered at the option of such owner.
6    "Base Jurisdiction" means, for purposes of fleet
7registration, the jurisdiction where the registrant has an
8established place of business, where operational records of the
9fleet are maintained and where mileage is accrued by the fleet.
10In case a registrant operates more than one fleet, and
11maintains records for each fleet in different places, the "base
12jurisdiction" for a fleet shall be the jurisdiction where an
13established place of business is maintained, where records of
14the operation of that fleet are maintained and where mileage is
15accrued by that fleet.
16    "Operational Records" means documents supporting miles
17traveled in each jurisdiction and total miles traveled, such as
18fuel reports, trip leases, and logs.
19    "Owner" means a person who holds legal title of a motor
20vehicle, or in the event a motor vehicle is the subject of an
21agreement for the conditional sale or lease thereof with the
22right of purchase upon performance of the conditions stated in
23the agreement and with an immediate right of possession vested
24in the conditional vendee or lessee with right of purchase, or
25in the event a mortgagor of such motor vehicle is entitled to
26possession, or in the event a lessee of such motor vehicle is

 

 

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1entitled to possession or control, then such conditional vendee
2or lessee with right of purchase or mortgagor or lessee is
3considered to be the owner for the purpose of this Act.
4    "Registration plate or digital registration plate cover"
5means any tinted, colored, painted, marked, clear, or
6illuminated object that is designed to (i) cover any of the
7characters of a motor vehicle's registration plate or digital
8registration plate; or (ii) distort a recorded image of any of
9the characters of a motor vehicle's registration plate or
10digital registration plate recorded by an automated
11enforcement system as defined in Section 11-208.6, 11-208.8, or
1211-1201.1 of this Code or recorded by an automated traffic
13control system as defined in Section 15 of the Automated
14Traffic Control Systems in Highway Construction or Maintenance
15Zones Act.
16    "Rental Owner" means an owner principally engaged, with
17respect to one or more rental fleets, in renting to others or
18offering for rental the vehicles of such fleets, without
19drivers.
20    "Restricted Plates" shall include, but is not limited to,
21dealer, manufacturer, transporter, farm, repossessor, and
22permanently mounted type plates. Vehicles displaying any of
23these type plates from a foreign jurisdiction that is a member
24of the International Registration Plan shall be granted
25reciprocity but shall be subject to the same limitations as
26similar plated Illinois registered vehicles.

 

 

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1(Source: P.A. 98-463, eff. 8-16-13; 99-78, eff. 7-20-15.)
 
2    (625 ILCS 5/3-401.5 new)
3    Sec. 3-401.5. Digital registration plates and renewals.
4    (a) The Secretary of State may authorize the issuance of a
5digital registration plate to a vehicle, in lieu of a set of
6static, metal registration plates, if the vehicle owner
7separately purchases the digital registration plate for a
8particular vehicle. The Secretary shall work with the vehicle
9owner and the distributor of the digital registration plates to
10coordinate the appropriate plate image and registration
11expiration to appear on the digital registration plate. One
12metal plate shall still be issued to the vehicle owner for the
13front end of the vehicle.
14    (b) The Secretary, for any vehicle owner that purchases a
15digital registration plate, may electronically renew the
16digital registration plate upon receiving the appropriate
17renewal registration fee as set forth in this Code. The
18Secretary may also authorize the image to be suspended or
19revoked and replaced with an alternative image or blank screen
20upon violation of any provision of this Code or the failure to
21renew the digital registration plate.
22    (c) Before a digital registration plate may be issued in
23lieu of a special plate authorized under Article VI of this
24Chapter, the Secretary shall seek approval from the originating
25organization, when possible, to authorize a digital version of

 

 

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1the static, metal plates issued to a vehicle owner.
2    (d) The owner of a digital registration plate is
3responsible for any costs associated with using the digital
4registration plate, including, but not limited to, the initial
5purchase price and any replacement costs.
6    (e) The Secretary of State may adopt any rules necessary to
7implement and develop a digital registration plate program.
 
8    (625 ILCS 5/3-401.6 new)
9    Sec. 3-401.6. Commercial digital registration plates.
10    (a) The Secretary of State shall implement a pilot program
11for the creation of commercial digital registration plates for
12the purpose of (i) providing accurate and reliable information
13to law enforcement regarding specific uses of commercial
14vehicles; (ii) reducing abuse and increasing compliance with
15the use and transfer of commercial license plates; (iii)
16providing for dual-number commercial digital registration
17plates and a dynamic plate numbering system with dynamic
18expiration for commercial digital registration plates; (iv)
19providing commercial digital registration plates for
20commercial vehicle sharing, car-sharing platforms, and
21non-owned commercial vehicle usage; (v) providing temporary
22and dynamic license plate numbering for temporary operational
23uses of commercial trucks, including U.S. Department of
24Transportation numbers and placards; and (vi) generating
25revenue for the State by and through in-state and out-of-state

 

 

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1licensing for utilization across all states. This program shall
2only be available to no more than 1,000 motor vehicles that are
3used commercially, used for hire, or owned by a commercial
4business.
5    (b) As used in this Section:
6    "Commercial digital registration plate" means an
7electronic display that is mounted on the back or side of a
8vehicle in place of a license plate issued by the Secretary of
9State pursuant to this Code or in place of numbers or placards
10issued by the U.S. Department of Transportation.
11    "Commercial vehicle" means any vehicle operated for the
12transportation of persons or property in the furtherance of any
13commercial or industrial enterprise by a business or commercial
14entity that owns at least 25 other such vehicles.
15    "Operational use" means the temporary use by a nonowner of
16a commercial vehicle to transport a commercial vehicle from one
17location to another location or during the rental period by a
18nonowner of a commercial vehicle while renting a car from a
19rental car company or business or a car-sharing company or
20business. An operational use may be approved for hourly
21increments.
22    "Dual-number digital license plate" means a digital
23electronic license place that displays both the license number
24for the registered owner of a commercial vehicle and a
25temporary license number for the nonowner user of a commercial
26vehicle during an operational use.

 

 

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1    "Dynamic license plate number" means a temporary digital
2license number assigned to a nonowner user of a commercial
3vehicle during a limited, defined operational use period.
4    "Dynamic expiration" means the time of expiration of a
5dynamic license plate number.
6    (c) The registered owner of a vehicle interested in
7participating in the program shall sign an informed consent
8agreement designed by the Secretary of State. The form and fee
9shall be submitted to the Secretary of State for processing.
10    (d) For the purposes of developing and evaluating the use
11of a digital electronic license plate, the State may enter into
12any of the following:
13        (1) A request for proposals.
14        (2) A memorandum of understanding.
15        (3) A letter of intent.
16        (4) Other instruments deemed appropriate by the
17    Secretary.
18    (e) The Secretary shall enter into a contract by December
1931, 2019 with a private vendor for the purposes of researching,
20reporting, developing, acquiring, and implementing the
21utilization of a commercial digital registration plate for
22operational uses of commercial vehicles. The contract shall
23include a requirement that the private vendor pay for the costs
24of all relevant activities incurred by the Secretary for
25implementation of the program pursuant to this Section. The
26contract shall permit the vendor to charge a fee for each

 

 

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1operational use of a commercial digital registration plate. The
2vendor shall be permitted to retain 100% of the fee charged for
3each operational use until such time that it recovers its
4upfront costs of implementing the program, then 50% of the fee
5charged for each such use thereafter. The remainder shall be
6remitted to the Secretary for deposit into the Secretary of
7State Special License Plate Fund. The contract shall also
8include a confidentiality provision sufficient to provide
9protection for the vendor's proprietary information and
10methods.
11    All commercial digital registration plates used in this
12State shall be capable of clearly displaying digital numbering
13and must be capable of detection by equipment owned and
14operated by the Illinois State Toll Highway Authority.
15    (f) Each operational use of a dynamic license plate number
16shall require the vendor to utilize a variety of driver data,
17including, but not limited to, cross-checking motor vehicle
18records and the Global Terrorist Watch List database before
19issuing and authorizing the dynamic license plate number and
20operational use. In no event shall any dynamic license plate
21number be issued until after an applicant selects and purchases
22temporary operational use insurance as made available through
23the vendor. Such insurance shall be effective for the duration
24of the operational use and all properly licensed insurance
25providers may participate in the program. Each operational use
26shall be subject to dynamic expiration at the termination of

 

 

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1the operational use.
2    (g) On or before January 1, 2021, the Secretary shall
3submit a report to the General Assembly concerning the
4operation of the program, including, but not limited to, the
5prospect of increased revenues to the State by expanding the
6program, the nature and cost savings associated with the
7program, the security and reliability of the digital electronic
8license plates, options for the driver of the vehicle to
9display and to change the messages displayed on the digital
10electronic license plate, and any recommendations on the future
11use of commercial digital registration plates that the
12Secretary deems appropriate.
13    (h) This Section specifically grants authority to the
14Secretary of State to issue commercial digital registration
15plates. Nothing in this Section shall prohibit the Secretary of
16State from creating or implementing any other digital
17registration plate program for vehicles.
 
18    (625 ILCS 5/3-402)  (from Ch. 95 1/2, par. 3-402)
19    Sec. 3-402. Vehicles subject to registration; exceptions.
20    A. Exemptions and Policy. Every motor vehicle, trailer,
21semitrailer and pole trailer when driven or moved upon a
22highway shall be subject to the registration and certificate of
23title provisions of this Chapter except:
24        (1) Any such vehicle driven or moved upon a highway in
25    conformance with the provisions of this Chapter relating to

 

 

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1    manufacturers, transporters, dealers, lienholders or
2    nonresidents or under a temporary registration permit
3    issued by the Secretary of State;
4        (2) Any implement of husbandry whether of a type
5    otherwise subject to registration hereunder or not which is
6    only incidentally operated or moved upon a highway, which
7    shall include a not-for-hire movement for the purpose of
8    delivering farm commodities to a place of first processing
9    or sale, or to a place of storage;
10        (3) Any special mobile equipment as herein defined;
11        (4) Any vehicle which is propelled exclusively by
12    electric power obtained from overhead trolley wires though
13    not operated upon rails;
14        (5) Any vehicle which is equipped and used exclusively
15    as a pumper, ladder truck, rescue vehicle, searchlight
16    truck, or other fire apparatus, but not a vehicle of a type
17    which would otherwise be subject to registration as a
18    vehicle of the first division;
19        (6) Any vehicle which is owned and operated by the
20    federal government and externally displays evidence of
21    federal ownership. It is the policy of the State of
22    Illinois to promote and encourage the fullest use of its
23    highways and to enhance the flow of commerce thus
24    contributing to the economic, agricultural, industrial and
25    social growth and development of this State, by authorizing
26    the Secretary of State to negotiate and enter into

 

 

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1    reciprocal or proportional agreements or arrangements with
2    other States, or to issue declarations setting forth
3    reciprocal exemptions, benefits and privileges with
4    respect to vehicles operated interstate which are properly
5    registered in this and other States, assuring nevertheless
6    proper registration of vehicles in Illinois as may be
7    required by this Code;
8        (7) Any converter dolly or tow dolly which merely
9    serves as substitute wheels for another legally licensed
10    vehicle. A title may be issued on a voluntary basis to a
11    tow dolly upon receipt of the manufacturer's certificate of
12    origin or the bill of sale;
13        (8) Any house trailer found to be an abandoned mobile
14    home under the Abandoned Mobile Home Act;
15        (9) Any vehicle that is not properly registered or does
16    not have registration plates or digital registration
17    plates issued to the owner or operator affixed thereto, or
18    that does have registration plates or digital registration
19    plates issued to the owner or operator affixed thereto but
20    the plates are not appropriate for the weight of the
21    vehicle, provided that this exemption shall apply only
22    while the vehicle is being transported or operated by a
23    towing service and has a third tow plate affixed to it.
24    B. Reciprocity. Any motor vehicle, trailer, semitrailer or
25pole trailer need not be registered under this Code provided
26the same is operated interstate and in accordance with the

 

 

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1following provisions and any rules and regulations promulgated
2pursuant thereto:
3        (1) A nonresident owner, except as otherwise provided
4    in this Section, owning any foreign registered vehicle of a
5    type otherwise subject to registration hereunder, may
6    operate or permit the operation of such vehicle within this
7    State in interstate commerce without registering such
8    vehicle in, or paying any fees to, this State subject to
9    the condition that such vehicle at all times when operated
10    in this State is operated pursuant to a reciprocity
11    agreement, arrangement or declaration by this State, and
12    further subject to the condition that such vehicle at all
13    times when operated in this State is duly registered in,
14    and displays upon it, a valid registration card and
15    registration plate or plates or digital registration plate
16    or plates issued for such vehicle in the place of residence
17    of such owner and is issued and maintains in such vehicle a
18    valid Illinois reciprocity permit as required by the
19    Secretary of State, and provided like privileges are
20    afforded to residents of this State by the State of
21    residence of such owner.
22        Every nonresident including any foreign corporation
23    carrying on business within this State and owning and
24    regularly operating in such business any motor vehicle,
25    trailer or semitrailer within this State in intrastate
26    commerce, shall be required to register each such vehicle

 

 

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1    and pay the same fees therefor as is required with
2    reference to like vehicles owned by residents of this
3    State.
4        (2) Any motor vehicle, trailer, semitrailer and pole
5    trailer operated interstate need not be registered in this
6    State, provided:
7            (a) that the vehicle is properly registered in
8        another State pursuant to law or to a reciprocity
9        agreement, arrangement or declaration; or
10            (b) that such vehicle is part of a fleet of
11        vehicles owned or operated by the same person who
12        registers such fleet of vehicles pro rata among the
13        various States in which such fleet operates; or
14            (c) that such vehicle is part of a fleet of
15        vehicles, a portion of which are registered with the
16        Secretary of State of Illinois in accordance with an
17        agreement or arrangement concurred in by the Secretary
18        of State of Illinois based on one or more of the
19        following factors: ratio of miles in Illinois as
20        against total miles in all jurisdictions; situs or base
21        of a vehicle, or where it is principally garaged, or
22        from whence it is principally dispatched or where the
23        movements of such vehicle usually originate; situs of
24        the residence of the owner or operator thereof, or of
25        his principal office or offices, or of his places of
26        business; the routes traversed and whether regular or

 

 

10100HB2336ham002- 22 -LRB101 08833 TAE 58444 a

1        irregular routes are traversed, and the jurisdictions
2        traversed and served; and such other factors as may be
3        deemed material by the Secretary and the motor vehicle
4        administrators of the other jurisdictions involved in
5        such apportionment. Such vehicles shall maintain
6        therein any reciprocity permit which may be required by
7        the Secretary of State pursuant to rules and
8        regulations which the Secretary of State may
9        promulgate in the administration of this Code, in the
10        public interest.
11        (3) (a) In order to effectuate the purposes of this
12        Code, the Secretary of State of Illinois is empowered
13        to negotiate and execute written reciprocal agreements
14        or arrangements with the duly authorized
15        representatives of other jurisdictions, including
16        States, districts, territories and possessions of the
17        United States, and foreign states, provinces, or
18        countries, granting to owners or operators of vehicles
19        duly registered or licensed in such other
20        jurisdictions and for which evidence of compliance is
21        supplied, benefits, privileges and exemption from the
22        payment, wholly or partially, of any taxes, fees or
23        other charges imposed with respect to the ownership or
24        operation of such vehicles by the laws of this State
25        except the tax imposed by the Motor Fuel Tax Law,
26        approved March 25, 1929, as amended, and the tax

 

 

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1        imposed by the Use Tax Act, approved July 14, 1955, as
2        amended.
3            The Secretary of State may negotiate agreements or
4        arrangements as are in the best interests of this State
5        and the residents of this State pursuant to the
6        policies expressed in this Section taking into
7        consideration the reciprocal exemptions, benefits and
8        privileges available and accruing to residents of this
9        State and vehicles registered in this State.
10            (b) Such reciprocal agreements or arrangements
11        shall provide that vehicles duly registered or
12        licensed in this State when operated upon the highways
13        of such other jurisdictions, shall receive exemptions,
14        benefits and privileges of a similar kind or to a
15        similar degree as extended to vehicles from such
16        jurisdictions in this State.
17            (c) Such agreements or arrangements may also
18        authorize the apportionment of registration or
19        licensing of fleets of vehicles operated interstate,
20        based on any or all of the following factors: ratio of
21        miles in Illinois as against total miles in all
22        jurisdictions; situs or base of a vehicle, or where it
23        is principally garaged or from whence it is principally
24        dispatched or where the movements of such vehicle
25        usually originate; situs of the residence of the owner
26        or operator thereof, or of his principal office or

 

 

10100HB2336ham002- 24 -LRB101 08833 TAE 58444 a

1        offices, or of his places of business; the routes
2        traversed and whether regular or irregular routes are
3        traversed, and the jurisdictions traversed and served;
4        and such other factors as may be deemed material by the
5        Secretary and the motor vehicle administrators of the
6        other jurisdictions involved in such apportionment,
7        and such vehicles shall likewise be entitled to
8        reciprocal exemptions, benefits and privileges.
9            (d) Such agreements or arrangements shall also
10        provide that vehicles being operated in intrastate
11        commerce in Illinois shall comply with the
12        registration and licensing laws of this State, except
13        that vehicles which are part of an apportioned fleet
14        may conduct an intrastate operation incidental to
15        their interstate operations. Any motor vehicle
16        properly registered and qualified under any reciprocal
17        agreement or arrangement under this Code and not having
18        a situs or base within Illinois may complete the
19        inbound movement of a trailer or semitrailer to an
20        Illinois destination that was brought into Illinois by
21        a motor vehicle also properly registered and qualified
22        under this Code and not having a situs or base within
23        Illinois, or may complete an outbound movement of a
24        trailer or semitrailer to an out-of-state destination
25        that was originated in Illinois by a motor vehicle also
26        properly registered and qualified under this Code and

 

 

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1        not having a situs or base in Illinois, only if the
2        operator thereof did not break bulk of the cargo laden
3        in such inbound or outbound trailer or semitrailer.
4        Adding or unloading intrastate cargo on such inbound or
5        outbound trailer or semitrailer shall be deemed as
6        breaking bulk.
7            (e) Such agreements or arrangements may also
8        provide for the determination of the proper State in
9        which leased vehicles shall be registered based on the
10        factors set out in subsection (c) above and for
11        apportionment of registration of fleets of leased
12        vehicles by the lessee or by the lessor who leases such
13        vehicles to persons who are not fleet operators.
14            (f) Such agreements or arrangements may also
15        include reciprocal exemptions, benefits or privileges
16        accruing under The Illinois Driver Licensing Law or The
17        Driver License Compact.
18        (4) The Secretary of State is further authorized to
19    examine the laws and requirements of other jurisdictions,
20    and, in the absence of a written agreement or arrangement,
21    to issue a written declaration of the extent and nature of
22    the exemptions, benefits and privileges accorded to
23    vehicles of this State by such other jurisdictions, and the
24    extent and nature of reciprocal exemptions, benefits and
25    privileges thereby accorded by this State to the vehicles
26    of such other jurisdictions. A declaration by the Secretary

 

 

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1    of State may include any, part or all reciprocal
2    exemptions, benefits and privileges or provisions as may be
3    included within an agreement or arrangement.
4        (5) All agreements, arrangements, declarations and
5    amendments thereto, shall be in writing and become
6    effective when signed by the Secretary of State, and copies
7    of all such documents shall be available to the public upon
8    request.
9        (6) The Secretary of State is further authorized to
10    require the display by foreign registered trucks,
11    truck-tractors and buses, entitled to reciprocal benefits,
12    exemptions or privileges hereunder, a reciprocity permit
13    for external display before any such reciprocal benefits,
14    exemptions or privileges are granted. The Secretary of
15    State shall provide suitable application forms for such
16    permit and shall promulgate and publish reasonable rules
17    and regulations for the administration and enforcement of
18    the provisions of this Code including a provision for
19    revocation of such permit as to any vehicle operated
20    wilfully in violation of the terms of any reciprocal
21    agreement, arrangement or declaration or in violation of
22    the Illinois Motor Carrier of Property Law, as amended.
23        (7) (a) Upon the suspension, revocation or denial of
24        one or more of all reciprocal benefits, privileges and
25        exemptions existing pursuant to the terms and
26        provisions of this Code or by virtue of a reciprocal

 

 

10100HB2336ham002- 27 -LRB101 08833 TAE 58444 a

1        agreement or arrangement or declaration thereunder;
2        or, upon the suspension, revocation or denial of a
3        reciprocity permit; or, upon any action or inaction of
4        the Secretary in the administration and enforcement of
5        the provisions of this Code, any person, resident or
6        nonresident, so aggrieved, may serve upon the
7        Secretary, a petition in writing and under oath,
8        setting forth the grievance of the petitioner, the
9        grounds and basis for the relief sought, and all
10        necessary facts and particulars, and request an
11        administrative hearing thereon. Within 20 days, the
12        Secretary shall set a hearing date as early as
13        practical. The Secretary may, in his discretion,
14        supply forms for such a petition. The Secretary may
15        require the payment of a fee of not more than $50 for
16        the filing of any petition, motion, or request for
17        hearing conducted pursuant to this Section. These fees
18        must be deposited into the Secretary of State DUI
19        Administration Fund, a special fund that is hereby
20        created in the State treasury, and, subject to
21        appropriation and as directed by the Secretary of
22        State, shall be used to fund the operation of the
23        hearings department of the Office of the Secretary of
24        State and for no other purpose. The Secretary shall
25        establish by rule the amount and the procedures, terms,
26        and conditions relating to these fees.

 

 

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1            (b) The Secretary may likewise, in his discretion
2        and upon his own petition, order a hearing, when in his
3        best judgment, any person is not entitled to the
4        reciprocal benefits, privileges and exemptions
5        existing pursuant to the terms and provisions of this
6        Code or under a reciprocal agreement or arrangement or
7        declaration thereunder or that a vehicle owned or
8        operated by such person is improperly registered or
9        licensed, or that an Illinois resident has improperly
10        registered or licensed a vehicle in another
11        jurisdiction for the purposes of violating or avoiding
12        the registration laws of this State.
13            (c) The Secretary shall notify a petitioner or any
14        other person involved of such a hearing, by giving at
15        least 10 days notice, in writing, by U.S. Mail,
16        Registered or Certified, or by personal service, at the
17        last known address of such petitioner or person,
18        specifying the time and place of such hearing. Such
19        hearing shall be held before the Secretary, or any
20        person as he may designate, and unless the parties
21        mutually agree to some other county in Illinois, the
22        hearing shall be held in the County of Sangamon or the
23        County of Cook. Appropriate records of the hearing
24        shall be kept, and the Secretary shall issue or cause
25        to be issued, his decision on the case, within 30 days
26        after the close of such hearing or within 30 days after

 

 

10100HB2336ham002- 29 -LRB101 08833 TAE 58444 a

1        receipt of the transcript thereof, and a copy shall
2        likewise be served or mailed to the petitioner or
3        person involved.
4            (d) The actions or inactions or determinations, or
5        findings and decisions upon an administrative hearing,
6        of the Secretary, shall be subject to judicial review
7        in the Circuit Court of the County of Sangamon or the
8        County of Cook, and the provisions of the
9        Administrative Review Law, and all amendments and
10        modifications thereof and rules adopted pursuant
11        thereto, apply to and govern all such reviewable
12        matters.
13            Any reciprocal agreements or arrangements entered
14        into by the Secretary of State or any declarations
15        issued by the Secretary of State pursuant to any law in
16        effect prior to the effective date of this Code are not
17        hereby abrogated, and such shall continue in force and
18        effect until amended pursuant to the provisions of this
19        Code or expire pursuant to the terms or provisions
20        thereof.
21(Source: P.A. 92-418, eff. 8-17-01; 92-651, eff. 7-11-02.)
 
22    (625 ILCS 5/3-404)  (from Ch. 95 1/2, par. 3-404)
23    Sec. 3-404. Vehicles of second division carrying persons or
24property - Required documents. The Secretary of State shall
25require an appropriate document, including but not limited to a

 

 

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1bill of lading, trip manifest or dispatch record, to be
2carried, on all vehicles of the second division, carrying
3persons or property setting forth therein:
4    (a) the point of origin and destination of the vehicle and
5its cargo or the persons being carried;
6    (b) whether the movement is for-hire or not-for-hire; and
7    (c) whether the movement is intrastate or interstate as
8defined by this Act.
9    The Secretary of State shall promulgate and publish
10reasonable rules and regulations for the administration and
11enforcement of this requirement. Vehicles bearing valid
12current Illinois registration plate or plates or digital
13registration plate or plates and registration stickers or
14digital registration stickers where applicable shall be
15exempted from such requirement by the Secretary of State
16whether the movement is "intrastate" or "interstate" as defined
17in this Act.
18(Source: P.A. 80-230.)
 
19    (625 ILCS 5/3-412)  (from Ch. 95 1/2, par. 3-412)
20    Sec. 3-412. Registration plates or digital registration
21plates and registration stickers or digital registration
22stickers to be furnished by the Secretary of State.
23    (a) The Secretary of State upon registering a vehicle
24subject to annual registration for the first time shall issue
25or shall cause to be issued to the owner one registration plate

 

 

10100HB2336ham002- 31 -LRB101 08833 TAE 58444 a

1or digital registration plate for a motorcycle, trailer,
2semitrailer, moped, autocycle, or truck-tractor, 2
3registration plates, or a digital registration plate and metal
4plate as set forth in Section 3-401.5, for other motor vehicles
5and, where applicable, current registration stickers or
6digital registration stickers for motor vehicles of the first
7division. The provisions of this Section may be made applicable
8to such vehicles of the second division, as the Secretary of
9State may, from time to time, in his discretion designate. On
10subsequent annual registrations during the term of the
11registration plate or digital registration plate as provided in
12Section 3-414.1, the Secretary shall issue or cause to be
13issued registration stickers or digital registration stickers
14as evidence of current registration. However, the issuance of
15annual registration stickers or digital registration stickers
16to vehicles registered under the provisions of Sections 3-402.1
17and 3-405.3 of this Code may not be required if the Secretary
18deems the issuance unnecessary.
19    (b) Every registration plate or digital registration plate
20shall have displayed upon it the registration number assigned
21to the vehicle for which it is issued, the name of this State,
22which may be abbreviated, the year number for which it was
23issued, which may be abbreviated, the phrase "Land of Lincoln"
24(except as otherwise provided in this Code), and such other
25letters or numbers as the Secretary may prescribe. However, for
26apportionment plates issued to vehicles registered under

 

 

10100HB2336ham002- 32 -LRB101 08833 TAE 58444 a

1Section 3-402.1 and fleet plates issued to vehicles registered
2under Section 3-405.3, the phrase "Land of Lincoln" may be
3omitted to allow for the word "apportioned", the word "fleet",
4or other similar language to be displayed. Registration plates
5or digital registration plates issued to a vehicle registered
6as a fleet vehicle may display a designation determined by the
7Secretary.
8    The Secretary may in his discretion prescribe that letters
9be used as prefixes only on registration plates or digital
10registration plates issued to vehicles of the first division
11which are registered under this Code and only as suffixes on
12registration plates or digital registration plates issued to
13other vehicles. Every registration sticker or digital
14registration sticker issued as evidence of current
15registration shall designate the year number for which it is
16issued and such other letters or numbers as the Secretary may
17prescribe and shall be of a contrasting color with the
18registration plates or digital registration plates and
19registration stickers or digital registration stickers of the
20previous year.
21    (c) Each registration plate or digital registration plate
22and the required letters and numerals thereon, except the year
23number for which issued, shall be of sufficient size to be
24plainly readable from a distance of 100 feet during daylight,
25and shall be coated with reflectorizing material. The
26dimensions of the plate issued to vehicles of the first

 

 

10100HB2336ham002- 33 -LRB101 08833 TAE 58444 a

1division shall be 6 by 12 inches.
2    (d) The Secretary of State shall issue for every passenger
3motor vehicle rented without a driver the same type of
4registration plates or digital registration plates as the type
5of plates issued for a private passenger vehicle.
6    (e) The Secretary of State shall issue for every passenger
7car used as a taxicab or livery, distinctive registration
8plates or digital registration plates.
9    (f) The Secretary of State shall issue for every motorcycle
10distinctive registration plates or digital registration plates
11distinguishing between motorcycles having 150 or more cubic
12centimeters piston displacement, or having less than 150 cubic
13centimeter piston displacement.
14    (g) Registration plates or digital registration plates
15issued to vehicles for-hire may display a designation as
16determined by the Secretary that such vehicles are for-hire.
17    (h) (Blank).
18    (i) The Secretary of State shall issue for every public and
19private ambulance registration plates or digital registration
20plates identifying the vehicle as an ambulance. The Secretary
21shall forward to the Department of Healthcare and Family
22Services registration information for the purpose of
23verification of claims filed with the Department by ambulance
24owners for payment for services to public assistance
25recipients.
26    (j) The Secretary of State shall issue for every public and

 

 

10100HB2336ham002- 34 -LRB101 08833 TAE 58444 a

1private medical carrier or rescue vehicle livery registration
2plates or digital registration plates displaying numbers
3within ranges of numbers reserved respectively for medical
4carriers and rescue vehicles. The Secretary shall forward to
5the Department of Healthcare and Family Services registration
6information for the purpose of verification of claims filed
7with the Department by owners of medical carriers or rescue
8vehicles for payment for services to public assistance
9recipients.
10    (k) The Secretary of State shall issue distinctive license
11plates or digital registration plates or distinctive license
12plate stickers or digital registration stickers for every
13vehicle exempted from subsections (a) and (a-5) of Section
1412-503 by subsection (g) of that Section, and by subsection
15(g-5) of that Section before its deletion by this amendatory
16Act of the 95th General Assembly. The Secretary shall issue
17these plates or stickers immediately upon receiving the
18physician's certification required under subsection (g) of
19Section 12-503. New plates or stickers shall also be issued
20when the certification is renewed as provided in that
21subsection.
22    (l) The Secretary of State shall issue distinctive
23registration plates or digital registration plates for
24low-speed vehicles.
25    (m) The Secretary of State shall issue distinctive
26registration plates or digital registration plates for

 

 

10100HB2336ham002- 35 -LRB101 08833 TAE 58444 a

1autocycles. The dimensions of the plate issued to autocycles
2shall be 4 by 7 inches.
3(Source: P.A. 98-777, eff. 1-1-15.)
 
4    (625 ILCS 5/3-413)  (from Ch. 95 1/2, par. 3-413)
5    Sec. 3-413. Display of registration plates or digital
6registration plates, registration stickers or digital
7registration stickers, and drive-away permits; registration
8plate or digital registration plate covers.
9    (a) Registration plates or digital registration plates
10issued for a motor vehicle other than a motorcycle, autocycle,
11trailer, semitrailer, truck-tractor, apportioned bus, or
12apportioned truck shall be attached thereto, one in the front
13and one in the rear. The registration plate or digital
14registration plate issued for a motorcycle, autocycle, trailer
15or semitrailer required to be registered hereunder and any
16apportionment plate issued to a bus under the provisions of
17this Code shall be attached to the rear thereof. The
18registration plate or digital registration plate issued for a
19truck-tractor or an apportioned truck required to be registered
20hereunder shall be attached to the front thereof.
21    (b) Except for vehicles with rear loaded motorized
22forklifts, every registration plate or digital registration
23plate shall at all times be securely fastened in a horizontal
24position to the vehicle for which it is issued so as to prevent
25the plate from swinging and at a height of not less than 5

 

 

10100HB2336ham002- 36 -LRB101 08833 TAE 58444 a

1inches from the ground, measuring from the bottom of such
2plate, in a place and position to be clearly visible and shall
3be maintained in a condition to be clearly legible, free from
4any materials that would obstruct the visibility of the plate.
5A registration plate or digital registration plate on a
6motorcycle may be mounted vertically as long as it is otherwise
7clearly visible. Registration stickers or digital registration
8stickers issued as evidence of renewed annual registration
9shall be attached to registration plates or displayed on
10digital registration plates as required by the Secretary of
11State, and be clearly visible at all times. For those vehicles
12with rear loaded motorized forklifts, if the rear plate is
13securely fastened in a horizontal position as prescribed, the
14plate and registration sticker shall not be required to be
15clearly visible at all times as a result of the rear mounted
16motorized forklift obstructing the view.
17    (c) Every drive-away permit issued pursuant to this Code
18shall be firmly attached to the motor vehicle in the manner
19prescribed by the Secretary of State. If a drive-away permit is
20affixed to a motor vehicle in any other manner the permit shall
21be void and of no effect.
22    (d) The Illinois prorate decal issued to a foreign
23registered vehicle part of a fleet prorated or apportioned with
24Illinois, shall be displayed on a registration plate or digital
25registration plate and displayed on the front of such vehicle
26in the same manner as an Illinois registration plate or digital

 

 

10100HB2336ham002- 37 -LRB101 08833 TAE 58444 a

1registration plate.
2    (e) The registration plate or digital registration plate
3issued for a camper body mounted on a truck displaying
4registration plates or digital registration plates shall be
5attached to the rear of the camper body.
6    (f) No person shall operate a vehicle, nor permit the
7operation of a vehicle, upon which is displayed an Illinois
8registration plate or , plates or digital registration plate or
9plates or registration stickers or digital registration
10stickers, except as provided for in subsection (b) of Section
113-701 of this Code, after the termination of the registration
12period for which issued or after the expiration date set
13pursuant to Sections 3-414 and 3-414.1 of this Code.
14    (g) A person may not operate any motor vehicle that is
15equipped with registration plate or digital registration plate
16covers. A violation of this subsection (g) or a similar
17provision of a local ordinance is an offense against laws and
18ordinances regulating the movement of traffic.
19    (h) A person may not sell or offer for sale a registration
20plate or digital registration plate cover. A violation of this
21subsection (h) is a business offense.
22    (i) A person may not advertise for the purpose of promoting
23the sale of registration plate or digital registration plate
24covers. A violation of this subsection (i) is a business
25offense.
26    (j) A person may not modify the original manufacturer's

 

 

10100HB2336ham002- 38 -LRB101 08833 TAE 58444 a

1mounting location of the rear registration plate or digital
2registration plate on any vehicle so as to conceal the
3registration or to knowingly cause it to be obstructed in an
4effort to hinder a peace officer from obtaining the
5registration for the enforcement of a violation of this Code,
6Section 27.1 of the Toll Highway Act concerning toll evasion,
7or any municipal ordinance. Modifications prohibited by this
8subsection (j) include but are not limited to the use of an
9electronic device. A violation of this subsection (j) is a
10Class A misdemeanor.
11(Source: P.A. 98-777, eff. 1-1-15; 98-1103, eff. 1-1-15; 99-68,
12eff. 1-1-16; 99-78, eff. 7-20-15.)
 
13    (625 ILCS 5/3-414)  (from Ch. 95 1/2, par. 3-414)
14    Sec. 3-414. Expiration of registration.
15    (a) Every vehicle registration under this Chapter and every
16registration card and registration plate or digital
17registration plate or registration sticker or digital
18registration sticker issued hereunder to a vehicle shall be for
19the periods specified in this Chapter and shall expire at
20midnight on the day and date specified in this Section as
21follows:
22        1. When registered on a calendar year basis commencing
23    January 1, expiration shall be on the 31st day of December
24    or at such other date as may be selected in the discretion
25    of the Secretary of State; however, through December 31,

 

 

10100HB2336ham002- 39 -LRB101 08833 TAE 58444 a

1    2004, registrations of apportionable vehicles,
2    motorcycles, motor driven cycles and pedalcycles shall
3    commence on the first day of April and shall expire March
4    31st of the following calendar year;
5        1.1. Beginning January 1, 2005, registrations of
6    motorcycles and motor driven cycles shall commence on
7    January 1 and shall expire on December 31 or on another
8    date that may be selected by the Secretary; registrations
9    of apportionable vehicles and pedalcycles, however, shall
10    commence on the first day of April and shall expire March
11    31 of the following calendar year;
12        2. When registered on a 2 calendar year basis
13    commencing January 1 of an even-numbered year, expiration
14    shall be on the 31st day of December of the ensuing
15    odd-numbered year, or at such other later date as may be
16    selected in the discretion of the Secretary of State not
17    beyond March 1 next;
18        3. When registered on a fiscal year basis commencing
19    July 1, expiration shall be on the 30th day of June or at
20    such other later date as may be selected in the discretion
21    of the Secretary of State not beyond September 1 next;
22        4. When registered on a 2 fiscal year basis commencing
23    July 1 of an even-numbered year, expiration shall be on the
24    30th day of June of the ensuing even-numbered year, or at
25    such other later date as may be selected in the discretion
26    of the Secretary of State not beyond September 1 next;

 

 

10100HB2336ham002- 40 -LRB101 08833 TAE 58444 a

1        5. When registered on a 4 fiscal year basis commencing
2    July 1 of an even-numbered year, expiration shall be on the
3    30th day of June of the second ensuing even-numbered year,
4    or at such other later date as may be selected in the
5    discretion of the Secretary of State not beyond September 1
6    next.
7    (a-5) The Secretary may, in his or her discretion, require
8an owner of a motor vehicle of the first division or a motor
9vehicle of the second division weighing not more than 8,000
10pounds to select the owner's birthday as the date of
11registration expiration under this Section. If the motor
12vehicle has more than one registered owner, the owners may
13select one registered owner's birthday as the date of
14registration expiration. The Secretary may adopt any rules
15necessary to implement this subsection.
16    (b) Vehicle registrations of vehicles of the first division
17shall be for a calendar year, 2 calendar year, 3 calendar year,
18or 5 calendar year basis as provided for in this Chapter.
19    Vehicle registrations of vehicles under Sections 3-808 and
203-809 shall be on an indefinite term basis or a 2 calendar year
21basis as provided for in this Chapter.
22    Vehicle registrations for vehicles of the second division
23shall be for a fiscal year, 2 fiscal year or calendar year
24basis as provided for in this Chapter.
25    Motor vehicles registered under the provisions of Section
263-402.1 shall be issued multi-year registration plates or

 

 

10100HB2336ham002- 41 -LRB101 08833 TAE 58444 a

1digital registration plates with a new registration card issued
2annually upon payment of the appropriate fees. Motor vehicles
3registered under the provisions of Section 3-405.3 shall be
4issued multi-year registration plates or digital registration
5plates with a new multi-year registration card issued pursuant
6to subsections (j), (k), and (l) of this Section upon payment
7of the appropriate fees. Apportionable trailers and
8apportionable semitrailers registered under the provisions of
9Section 3-402.1 shall be issued multi-year registration plates
10or digital registration plates and cards that will be subject
11to revocation for failure to pay annual fees required by
12Section 3-814.1. The Secretary shall determine when these
13vehicles shall be issued new registration plates or digital
14registration plates.
15    (c) Every vehicle registration specified in Section 3-810
16and every registration card and registration plate or digital
17registration plate or registration sticker or digital
18registration sticker issued thereunder shall expire on the 31st
19day of December of each year or at such other date as may be
20selected in the discretion of the Secretary of State.
21    (d) Every vehicle registration for a vehicle of the second
22division weighing over 8,000 pounds, except as provided in
23subsection (g) of this Section, and every registration card and
24registration plate or registration sticker, or digital
25registration plate or digital registration sticker, where
26applicable, issued hereunder to such vehicles shall be issued

 

 

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1for a fiscal year commencing on July 1st of each registration
2year. However, the Secretary of State may, pursuant to an
3agreement or arrangement or declaration providing for
4apportionment of a fleet of vehicles with other jurisdictions,
5provide for registration of such vehicles under apportionment
6or for all of the vehicles registered in Illinois by an
7applicant who registers some of his vehicles under
8apportionment on a calendar year basis instead, and the fees or
9taxes to be paid on a calendar year basis shall be identical to
10those specified in this Code for a fiscal year registration.
11Provision for installment payment may also be made.
12    (e) Semitrailer registrations under apportionment may be
13on a calendar year under a reciprocal agreement or arrangement
14and all other semitrailer registrations shall be on fiscal year
15or 2 fiscal year or 4 fiscal year basis as provided for in this
16Chapter.
17    (f) The Secretary of State may convert annual registration
18plates or digital registration plates or 2-year registration
19plates or digital registration plates, whether registered on a
20calendar year or fiscal year basis, to multi-year plates. The
21determination of which plate categories and when to convert to
22multi-year plates is solely within the discretion of the
23Secretary of State.
24    (g) After January 1, 1975, each registration, registration
25card and registration plate or digital registration plate or
26registration sticker or digital registration sticker, where

 

 

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1applicable, issued for a recreational vehicle or recreational
2or camping trailer, except a house trailer, used exclusively by
3the owner for recreational purposes, and not used commercially
4nor as a truck or bus, nor for hire, shall be on a calendar year
5basis; except that the Secretary of State shall provide for
6registration and the issuance of registration cards and plates
7or registration stickers, or digital registration plates or
8stickers, where applicable, for one 6-month period in order to
9accomplish an orderly transition from a fiscal year to a
10calendar year basis. Fees and taxes due under this Code for a
11registration year shall be appropriately reduced for such
126-month transitional registration period.
13    (h) The Secretary of State may, in order to accomplish an
14orderly transition for vehicles registered under Section
153-402.1 of this Code from a calendar year registration to a
16March 31st expiration, require applicants to pay fees and taxes
17due under this Code on a 15 month registration basis. However,
18if in the discretion of the Secretary of State this creates an
19undue hardship on any applicant the Secretary may allow the
20applicant to pay 3 month fees and taxes at the time of
21registration and the additional 12 month fees and taxes to be
22payable no later than March 31, 1992.
23    (i) The Secretary of State may stagger registrations, or
24change the annual expiration date, as necessary for the
25convenience of the public and the efficiency of his Office. In
26order to appropriately and effectively accomplish any such

 

 

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1staggering, the Secretary of State is authorized to prorate all
2required registration fees, rounded to the nearest dollar, but
3in no event for a period longer than 18 months, at a monthly
4rate for a 12-month registration fee.
5    (j) The Secretary of State may enter into an agreement with
6a rental owner, as defined in Section 3-400 of this Code, who
7registers a fleet of motor vehicles of the first division
8pursuant to Section 3-405.3 of this Code to provide for the
9registration of the rental owner's vehicles on a 2 or 3
10calendar year basis and the issuance of multi-year registration
11plates or digital registration plates with a new registration
12card issued up to every 3 years.
13    (k) The Secretary of State may provide multi-year
14registration cards for any registered fleet of motor vehicles
15of the first or second division that are registered pursuant to
16Section 3-405.3 of this Code. Each motor vehicle of the
17registered fleet must carry a unique multi-year registration
18card that displays the vehicle identification number of the
19registered motor vehicle. The Secretary of State shall
20promulgate rules in order to implement multi-year
21registrations.
22    (l) Beginning with the 2018 registration year, the
23Secretary of State may enter into an agreement with a rental
24owner, as defined in Section 3-400 of this Code, who registers
25a fleet of motor vehicles of the first division under Section
263-405.3 of this Code to provide for the registration of the

 

 

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1rental owner's vehicle on a 5 calendar year basis. Motor
2vehicles registered on a 5 calendar year basis shall be issued
3a distinct registration plate or digital registration plate
4that expires on a 5-year cycle. The Secretary may prorate the
5registration of these registration plates or digital
6registration plates to the length of time remaining in the
75-year cycle. The Secretary may adopt any rules necessary to
8implement this subsection.
9(Source: P.A. 99-80, eff. 1-1-16; 99-644, eff. 1-1-17; 100-201,
10eff. 8-18-17; 100-863, eff. 8-14-18; 100-956, eff. 1-1-19.)
 
11    (625 ILCS 5/3-417)  (from Ch. 95 1/2, par. 3-417)
12    Sec. 3-417. Lost or damaged or stolen cards, plates and
13registration stickers.
14    (a) In the event any registration card, plate or digital
15plate, registration sticker or digital registration sticker,
16or other Illinois evidence of proper registration is lost,
17mutilated or becomes illegible, the owner or legal
18representative or successor in interest of the owner of the
19vehicle for which the same was issued as shown by the records
20of the Secretary of State shall immediately make application
21for and may obtain a duplicate under a new registration card,
22plate or digital plate, registration sticker or digital
23registration sticker, or other Illinois evidence of proper
24registration.
25    (b) In the event any registration card, plate or digital

 

 

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1plate, registration sticker or digital registration sticker,
2or other Illinois evidence of proper registration is stolen
3from the owner, the owner or legal representative or successor
4in interest of the owner of the vehicle shall promptly notify
5the Secretary of State, and in order to comply with Section
63-413 of this Act the owner shall make application for and
7obtain a duplicate registration card, plate or digital plate,
8registration sticker or digital registration sticker, or other
9Illinois evidence of proper registration.
10    (c) The Secretary of State may, if advisable, issue a
11substitute or new registration number in lieu of issuing a
12duplicate.
13    (d) An applicant for a duplicate shall furnish information
14satisfactory to and prescribed by the Secretary of State, and
15he or she shall forward with the application, the fees
16prescribed by law.
17(Source: P.A. 81-308.)
 
18    (625 ILCS 5/3-421)  (from Ch. 95 1/2, par. 3-421)
19    Sec. 3-421. Right of reassignment.
20    (a) Every natural person shall have the right of
21reassignment of the license number issued to him during the
22current registration plate or digital registration plate term,
23for the ensuing registration plate or digital registration
24plate term, provided his or her application for reassignment is
25received in the Office of the Secretary of State on or before

 

 

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1September 30 of the final year of the registration plate or
2digital registration plate term as to a vehicle registered on a
3calendar year, and on or before March 31 as to a vehicle
4registered on a fiscal year. The right of reassignment shall
5apply to every natural person under the staggered registration
6system provided the application for reassignment is received in
7the Office of the Secretary of State by the 1st day of the
8month immediately preceding the applicant's month of
9expiration.
10    In addition, every natural person shall have the right of
11reassignment of the license number issued to him for a two-year
12registration, for the ensuing two-year period. Where the
13two-year period is for two calendar years, the application for
14reassignment must be received by the Secretary of State on or
15before September 30th of the year preceding commencement of the
16two-year period. Where the two-year period is for two fiscal
17years commencing on July 1, the application for reassignment
18must be received by the Secretary of State on or before April
1930th immediately preceding commencement of the two-year
20period.
21    (b) Notwithstanding the above provision, the Secretary of
22State shall, subject to the existing right of reassignment,
23have the authority to designate new specific combinations of
24numerical, alpha-numerical, and numerical-alpha licenses for
25vehicles registered on a calendar year or on a fiscal year,
26whether the license be issued for one or more years. The new

 

 

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1combinations so specified shall not be subject to the right of
2reassignment, and no right of reassignment thereto may at any
3future time be acquired.
4(Source: P.A. 80-230; 80-1185.)
 
5    (625 ILCS 5/3-501.1)  (from Ch. 95 1/2, par. 3-501.1)
6    Sec. 3-501.1. Transfer or return of vanity or personalized
7license plates. When any person who has been issued vanity or
8personalized license plates or digital license plates sells,
9trades, or otherwise releases the ownership of the vehicle upon
10which the vanity or personalized license plates or digital
11license plates have been displayed, he or she shall immediately
12report the transfer of such plates or digital plates to an
13acquired motor vehicle pursuant to Section 3-501 and pay the
14transfer fee or shall, upon the request of the Secretary,
15immediately return such plates to the Secretary of State. The
16right to reassignment of the registration plate or digital
17registration plate number shall apply as provided in Section
183-421 of this Code.
19(Source: P.A. 88-78.)
 
20    (625 ILCS 5/3-600)  (from Ch. 95 1/2, par. 3-600)
21    Sec. 3-600. Requirements for issuance of special plates.
22    (a) The Secretary of State shall issue only special plates
23that have been authorized by the General Assembly. Except as
24provided in subsection (a-5), the Secretary of State shall not

 

 

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1issue a series of special plates, or Universal special plates
2associated with an organization authorized to issue decals for
3Universal special plates, unless applications, as prescribed
4by the Secretary, have been received for 2,000 plates of that
5series. Where a special plate is authorized by law to raise
6funds for a specific civic group, charitable entity, or other
7identified organization, or when the civic group, charitable
8entity, or organization is authorized to issue decals for
9Universal special license plates, and where the Secretary of
10State has not received the required number of applications to
11issue that special plate within 2 years of the effective date
12of the Public Act authorizing the special plate or decal, the
13Secretary of State's authority to issue the special plate or a
14Universal special plate associated with that decal is
15nullified. All applications for special plates shall be on a
16form designated by the Secretary and shall be accompanied by
17any civic group's, charitable entity's, or other identified
18fundraising organization's portion of the additional fee
19associated with that plate or decal. All fees collected under
20this Section are non-refundable and shall be deposited in the
21special fund as designated in the enabling legislation,
22regardless of whether the plate or decal is produced. Upon the
23adoption of this amendatory Act of the 99th General Assembly,
24no further special license plates shall be authorized by the
25General Assembly unless that special license plate is
26authorized under subsection (a-5) of this Section.

 

 

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1    (a-5) If the General Assembly authorizes the issuance of a
2special plate that recognizes the applicant's military service
3or receipt of a military medal or award, the Secretary may
4immediately begin issuing that special plate.
5    (b) The Secretary of State, upon issuing a new series of
6special license plates, shall notify all law enforcement
7officials of the design, color and other special features of
8the special license plate series.
9    (c) This Section shall not apply to the Secretary of
10State's discretion as established in Section 3-611.
11    (d) If a law authorizing a special license plate provides
12that the sponsoring organization is to designate a charitable
13entity as the recipient of the funds from the sale of that
14license plate, the designated charitable entity must be in
15compliance with the registration and reporting requirements of
16the Charitable Trust Act and the Solicitation for Charity Act.
17In addition, the charitable entity must annually provide the
18Secretary of State's office a letter of compliance issued by
19the Illinois Attorney General's office verifying the entity is
20in compliance with the Acts.
21    In the case of a law in effect before the effective date of
22this amendatory Act of the 97th General Assembly, the name of
23the charitable entity which is to receive the funds shall be
24provided to the Secretary of State within one year after the
25effective date of this amendatory Act of the 97th General
26Assembly. In the case of a law that takes effect on or after

 

 

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1the effective date of this amendatory Act of the 97th General
2Assembly, the name of the charitable entity which is to receive
3the funds shall be provided to the Secretary of State within
4one year after the law takes effect. If the organization fails
5to designate an appropriate charitable entity within the
6one-year period, or if the designated charitable entity fails
7to annually provide the Secretary of State a letter of
8compliance issued by the Illinois Attorney General's office,
9any funds collected from the sale of plates authorized for that
10organization and not previously disbursed shall be transferred
11to the General Revenue Fund, and the special plates shall be
12discontinued.
13    (e) If fewer than 1,000 sets of any special license plate
14authorized by law and issued by the Secretary of State are
15actively registered for 2 consecutive calendar years, the
16Secretary of State may discontinue the issuance of that special
17license plate or require that special license plate to be
18exchanged for Universal special plates with appropriate
19decals.
20    (f) Where special license plates have been discontinued
21pursuant to subsection (d) or (e) of this Section, or when the
22special license plates are required to be exchanged for
23Universal special plates under subsection (e) of this Section,
24all previously issued plates of that type shall be recalled.
25Owners of vehicles which were registered with recalled plates
26shall not be charged a reclassification or registration sticker

 

 

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1replacement plate fee upon the issuance of new plates for those
2vehicles.
3    (g) Any special plate that is authorized to be issued for
4motorcycles may also be issued for autocycles.
5    (h) The Secretary may use alternating numeric and
6alphabetical characters when issuing a special registration
7plate authorized under this Chapter.
8    (i) The Secretary of State may issue digital registration
9plates and stickers in accordance with this Section and Section
103-401.5.
11(Source: P.A. 99-483, eff. 7-1-16; 100-956, eff. 1-1-19.)
 
12    (625 ILCS 5/3-607)  (from Ch. 95 1/2, par. 3-607)
13    Sec. 3-607. Amateur Radio Operators. Amateur radio
14operators may obtain the issuance of registration plates or
15digital registration plates for motor vehicles of the first
16division, and second division motor vehicles under 8,000
17pounds, corresponding to their call letters, provided they make
18application therefor, which is subject to the staggered
19registration system, prior to October 1st of the final year of
20the current registration plate or digital registration plate
21term and pay an additional fee of $4.
22(Source: P.A. 91-37, eff. 7-1-99.)
 
23    (625 ILCS 5/3-609)  (from Ch. 95 1/2, par. 3-609)
24    Sec. 3-609. Plates for veterans with disabilities.

 

 

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1    (a) Any veteran who holds proof of a service-connected
2disability from the United States Department of Veterans
3Affairs, and who has obtained certification from a licensed
4physician, physician assistant, or advanced practice
5registered nurse that the service-connected disability
6qualifies the veteran for issuance of registration plates or
7digital registration plates or decals to a person with
8disabilities in accordance with Section 3-616, may, without the
9payment of any registration fee, make application to the
10Secretary of State for license plates for veterans with
11disabilities displaying the international symbol of access,
12for the registration of one motor vehicle of the first division
13or one motor vehicle of the second division weighing not more
14than 8,000 pounds.
15    (b) Any veteran who holds proof of a service-connected
16disability from the United States Department of Veterans
17Affairs, and whose degree of disability has been declared to be
1850% or more, but whose disability does not qualify the veteran
19for a plate or decal for persons with disabilities under
20Section 3-616, may, without the payment of any registration
21fee, make application to the Secretary for a special
22registration plate or digital registration plate without the
23international symbol of access for the registration of one
24motor vehicle of the first division or one motor vehicle of the
25second division weighing not more than 8,000 pounds.
26    (c) Renewal of such registration must be accompanied with

 

 

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1documentation for eligibility of registration without fee
2unless the applicant has a permanent qualifying disability, and
3such registration plates or digital registration plates may not
4be issued to any person not eligible therefor. The Illinois
5Department of Veterans' Affairs may assist in providing the
6documentation of disability.
7    (d) The design and color of the plates shall be within the
8discretion of the Secretary, except that the plates issued
9under subsection (b) of this Section shall not contain the
10international symbol of access. The Secretary may, in his or
11her discretion, allow the plates to be issued as vanity or
12personalized plates in accordance with Section 3-405.1 of this
13Code. Registration shall be for a multi-year period and may be
14issued staggered registration.
15    (e) Any person eligible to receive license plates under
16this Section who has been approved for benefits under the
17Senior Citizens and Persons with Disabilities Property Tax
18Relief Act, or who has claimed and received a grant under that
19Act, shall pay a fee of $24 instead of the fee otherwise
20provided in this Code for passenger cars displaying standard
21multi-year registration plates or digital registration plates
22issued under Section 3-414.1, for motor vehicles registered at
238,000 pounds or less under Section 3-815(a), or for
24recreational vehicles registered at 8,000 pounds or less under
25Section 3-815(b), for a second set of plates under this
26Section.

 

 

10100HB2336ham002- 55 -LRB101 08833 TAE 58444 a

1(Source: P.A. 99-143, eff. 7-27-15; 100-513, eff. 1-1-18.)
 
2    (625 ILCS 5/3-639)
3    Sec. 3-639. Special registration plate or digital
4registration plate for a president of a village or incorporated
5town or mayor.
6    (a) The Secretary, upon receipt of all applicable fees and
7applications made in the form prescribed by the Secretary, may
8issue special registration plates or digital registration
9plates to presidents of villages and incorporated towns and
10mayors.
11    The special plates issued under this Section shall be
12affixed only to passenger vehicles of the first division or
13motor vehicles of the second division weighing not more than
148,000 pounds.
15    Plates issued under this Section shall expire according to
16the multi-year procedure established by Section 3-414.1 of this
17Code.
18    (b) The design and color of the special plates shall be
19wholly within the discretion of the Secretary. Appropriate
20documentation, as determined by the Secretary, shall accompany
21each application.
22    (c) An applicant for the special plate shall be charged a
23$15 fee for original issuance in addition to the appropriate
24registration fee. This additional fee shall be deposited into
25the Secretary of State Special License Plate Fund, to be used

 

 

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1by the Secretary to help defray the administrative processing
2costs.
3    For each registration renewal period, a $2 fee, in addition
4to the appropriate registration fee, shall be charged. This
5additional fee shall be deposited into the Secretary of State
6Special License Plate Fund.
7(Source: P.A. 90-527, eff. 11-13-97; 90-655, eff. 7-30-98.)
 
8    (625 ILCS 5/3-701)  (from Ch. 95 1/2, par. 3-701)
9    Sec. 3-701. Operation of vehicles without evidence of
10registration - Operation under mileage plates when odometer
11broken or disconnected.
12    (a) No person shall operate, nor shall an owner knowingly
13permit to be operated, except as provided in subsection (b) of
14this Section, a vehicle upon any highway unless there shall be
15attached thereto and displayed thereon when and as required by
16law, proper evidence of registration in Illinois, as follows:
17        (1) A vehicle required to be registered in Illinois. A
18    current and valid Illinois registration sticker or
19    stickers and plate or plates or digital registration
20    sticker or stickers and digital plate or plates, or an
21    Illinois temporary registration permit, or a drive-away or
22    in-transit permit, issued therefor by the Secretary of
23    State.
24        (2) A vehicle eligible for Reciprocity. A current and
25    valid reciprocal foreign registration plate or digital

 

 

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1    registration plate or plates properly issued to such
2    vehicle or a temporary registration issued therefor, by the
3    reciprocal State, and, in addition, when required by the
4    Secretary, a current and valid Illinois Reciprocity Permit
5    or Prorate Decal issued therefor by the Secretary of State;
6    or except as otherwise expressly provided for in this
7    Chapter.
8        (3) A vehicle commuting for repairs in Illinois. A
9    dealer plate issued by a foreign state shall exempt a
10    vehicle from the requirements of this Section if the
11    vehicle is being operated for the purpose of transport to a
12    repair facility in Illinois to have repairs performed on
13    the vehicle displaying foreign dealer plates. The driver of
14    the motor vehicle bearing dealer plates shall provide a
15    work order or contract with the repair facility to a law
16    enforcement officer upon request.
17    (b) A person may operate or permit operation of a vehicle
18upon any highway a vehicle that has been properly registered
19but does not display a current and valid Illinois registration
20sticker or digital registration sticker if he or she has proof,
21in the form of a printed receipt from the Secretary, that he or
22she registered the vehicle before the previous registration's
23expiration but has not received a new registration sticker or
24digital registration sticker from the Secretary. This printed
25proof of registration is valid for 30 days from the expiration
26of the previous registration sticker's or digital registration

 

 

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1sticker's date.
2    (c) No person shall operate, nor shall any owner knowingly
3permit to be operated, any vehicle of the second division for
4which the owner has made an election to pay the mileage tax in
5lieu of the annual flat weight tax, at any time when the
6odometer of such vehicle is broken or disconnected, or is
7inoperable or not operating.
8(Source: P.A. 98-971, eff. 1-1-15; 98-1103, eff. 1-1-15; 99-78,
9eff. 7-20-15.)
 
10    (625 ILCS 5/3-702)  (from Ch. 95 1/2, par. 3-702)
11    Sec. 3-702. Operation of vehicle when registration
12cancelled, suspended or revoked.
13    (a) No person shall operate, nor shall an owner knowingly
14permit to be operated, upon any highway:
15        (1) A vehicle the registration of which has been
16    cancelled, suspended or revoked; or
17        (2) A vehicle properly registered in another
18    Reciprocal State, the foreign registration of which, or the
19    Illinois Reciprocity Permit or Decal of which, has been
20    cancelled, suspended or revoked.
21    (b) No person shall use, nor shall any owner use or
22knowingly permit the use of any Illinois registration plate or ,
23plates or digital registration plate or plates or registration
24sticker or digital registration sticker , or any Illinois
25Reciprocity Permit or Prorate Decal which has been cancelled,

 

 

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1suspended or revoked.
2    (c) Any violation of this Section is a Class A misdemeanor
3unless:
4        1. the registration of the motor vehicle has been
5    suspended for noninsurance, then the provisions of Section
6    3-708 of this Code apply in lieu of this Section.
7        2. the registration of the motor vehicle has been
8    suspended for failure to purchase a vehicle tax sticker
9    pursuant to Section 3-704.1 of this Code, then the
10    violation shall be considered a business offense and the
11    person shall be required to pay a fine in excess of $500,
12    but not more than $1,000.
13(Source: P.A. 86-149; 87-1225.)
 
14    (625 ILCS 5/3-703)  (from Ch. 95 1/2, par. 3-703)
15    Sec. 3-703. Improper use of evidences of registration or
16certificate of title. No person shall lend to another any
17certificate of title, registration card, registration plate or
18digital registration plate, registration sticker or digital
19registration sticker, special plate or permit or other
20evidences of proper registration issued to him if the person
21desiring to borrow the same would not be entitled to the use
22thereof, nor shall any person knowingly permit the use of any
23of the same by one not entitled thereto, nor shall any person
24display upon a vehicle any registration card, registration
25sticker or digital registration sticker, registration plate or

 

 

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1digital registration plate or other evidences of proper
2registration not issued for such vehicle or not otherwise
3lawfully used thereon under this Code. No person shall
4duplicate, alter or attempt to reproduce in any manner a
5registration plate or digital registration plate or
6registration sticker or digital registration sticker issued
7under this Code. No person shall make fraudulent use of
8evidences of registration or certificates of title issued
9erroneously by the Secretary of State. No person shall
10manufacture, advertise, distribute or sell any certificate of
11title, registration card, registration plate or digital
12registration plate, registration sticker or digital
13registration sticker, special plate or permit or other
14evidences of proper registration which purports to have been
15issued under this Code. The Secretary of State may request the
16Attorney General to seek a restraining order in the circuit
17court against any person who violates this Section by
18advertising such fraudulent items. Any violation of this
19Section is a Class C misdemeanor.
20(Source: P.A. 86-551.)
 
21    (625 ILCS 5/3-704)  (from Ch. 95 1/2, par. 3-704)
22    Sec. 3-704. Authority of Secretary of State to suspend or
23revoke a registration or certificate of title; authority to
24suspend or revoke the registration of a vehicle.
25    (a) The Secretary of State may suspend or revoke the

 

 

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1registration of a vehicle or a certificate of title,
2registration card, registration sticker or digital
3registration sticker, registration plate or digital
4registration plate, disability parking decal or device, or any
5nonresident or other permit in any of the following events:
6        1. When the Secretary of State is satisfied that such
7    registration or that such certificate, card, plate or
8    digital plate, registration sticker or digital
9    registration sticker, or permit was fraudulently or
10    erroneously issued;
11        2. When a registered vehicle has been dismantled or
12    wrecked or is not properly equipped;
13        3. When the Secretary of State determines that any
14    required fees have not been paid to the Secretary of State,
15    to the Illinois Commerce Commission, or to the Illinois
16    Department of Revenue under the Motor Fuel Tax Law, and the
17    same are not paid upon reasonable notice and demand;
18        4. When a registration card, registration plate or
19    digital registration plate, registration sticker or
20    digital registration sticker, or permit is knowingly
21    displayed upon a vehicle other than the one for which
22    issued;
23        5. When the Secretary of State determines that the
24    owner has committed any offense under this Chapter
25    involving the registration or the certificate, card, plate
26    or digital plate, registration sticker or digital

 

 

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1    registration sticker, or permit to be suspended or revoked;
2        6. When the Secretary of State determines that a
3    vehicle registered not-for-hire is used or operated
4    for-hire unlawfully, or used or operated for purposes other
5    than those authorized;
6        7. When the Secretary of State determines that an owner
7    of a for-hire motor vehicle has failed to give proof of
8    financial responsibility as required by this Act;
9        8. When the Secretary determines that the vehicle is
10    not subject to or eligible for a registration;
11        9. When the Secretary determines that the owner of a
12    vehicle registered under the mileage weight tax option
13    fails to maintain the records specified by law, or fails to
14    file the reports required by law, or that such vehicle is
15    not equipped with an operable and operating speedometer or
16    odometer;
17        10. When the Secretary of State is so authorized under
18    any other provision of law;
19        11. When the Secretary of State determines that the
20    holder of a disability parking decal or device has
21    committed any offense under Chapter 11 of this Code
22    involving the use of a disability parking decal or device.
23    (a-5) The Secretary of State may revoke a certificate of
24title and registration card and issue a corrected certificate
25of title and registration card, at no fee to the vehicle owner
26or lienholder, if there is proof that the vehicle

 

 

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1identification number is erroneously shown on the original
2certificate of title.
3    (b) The Secretary of State may suspend or revoke the
4registration of a vehicle as follows:
5        1. When the Secretary of State determines that the
6    owner of a vehicle has not paid a civil penalty or a
7    settlement agreement arising from the violation of rules
8    adopted under the Illinois Motor Carrier Safety Law or the
9    Illinois Hazardous Materials Transportation Act or that a
10    vehicle, regardless of ownership, was the subject of
11    violations of these rules that resulted in a civil penalty
12    or settlement agreement which remains unpaid.
13        2. When the Secretary of State determines that a
14    vehicle registered for a gross weight of more than 16,000
15    pounds within an affected area is not in compliance with
16    the provisions of Section 13-109.1 of the Illinois Vehicle
17    Code.
18        3. When the Secretary of State is notified by the
19    United States Department of Transportation that a vehicle
20    is in violation of the Federal Motor Carrier Safety
21    Regulations, as they are now or hereafter amended, and is
22    prohibited from operating.
23    (c) The Secretary of State may suspend the registration of
24a vehicle when a court finds that the vehicle was used in a
25violation of Section 24-3A of the Criminal Code of 1961 or the
26Criminal Code of 2012 relating to gunrunning. A suspension of

 

 

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1registration under this subsection (c) may be for a period of
2up to 90 days.
3(Source: P.A. 97-540, eff. 1-1-12; 97-1150, eff. 1-25-13.)
 
4    (625 ILCS 5/3-704.1)
5    Sec. 3-704.1. Municipal vehicle tax liability; suspension
6of registration.
7    (a) As used in this Section:
8        (1) "Municipality" means a city, village or
9    incorporated town with a population over 1,000,000.
10        (2) "Vehicle tax" means a motor vehicle tax and any
11    related late fees or charges imposed by a municipality
12    under Section 8-11-4 of the Illinois Municipal Code or
13    under the municipality's home rule powers.
14        (3) "Vehicle owner" means the registered owner or
15    owners of a vehicle who are residents of the municipality.
16    (b) A municipality that imposes a vehicle tax may, by
17ordinance adopted under this Section, establish a system
18whereby the municipality notifies the Secretary of State of
19vehicle tax liability and the Secretary of State suspends the
20registration of vehicles for which the tax has not been paid.
21An ordinance establishing a system must provide for the
22following:
23        (1) A first notice for failure to pay a vehicle tax
24    shall be sent by first class mail to the vehicle owner at
25    the owner's address recorded with the Secretary of State

 

 

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1    whenever the municipality has reasonable cause to believe
2    that the vehicle owner has failed to pay a vehicle tax as
3    required by ordinance. The notice shall include at least
4    the following:
5            (A) The name and address of the vehicle owner.
6            (B) The registration plate or digital registration
7        plate number of the vehicle.
8            (C) The period for which the vehicle tax is due.
9            (D) The amount of vehicle tax that is due.
10            (E) A statement that the vehicle owner's
11        registration for the vehicle will be subject to
12        suspension proceedings unless the vehicle owner pays
13        the vehicle tax or successfully contests the owner's
14        alleged liability within 30 days of the date of the
15        notice.
16            (F) An explanation of the vehicle owner's
17        opportunity to be heard under subsection (c).
18        (2) If a vehicle owner fails to pay the vehicle tax or
19    to contest successfully the owner's alleged liability
20    within the period specified in the first notice, a second
21    notice of impending registration suspension shall be sent
22    by first class mail to the vehicle owner at the owner's
23    address recorded with the Secretary of State. The notice
24    shall contain the same information as the first notice, but
25    shall also state that the failure to pay the amount owing,
26    or to contest successfully the alleged liability within 45

 

 

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1    days of the date of the second notice, will result in the
2    municipality's notification of the Secretary of State that
3    the vehicle owner is eligible for initiation of suspension
4    proceedings under this Section.
5    (c) An ordinance adopted under this Section must also give
6the vehicle owner an opportunity to be heard upon the filing of
7a timely petition with the municipality. A vehicle owner may
8contest the alleged tax liability either through an
9adjudication by mail or at an administrative hearing, at the
10option of the vehicle owner. The grounds upon which the
11liability may be contested may be limited to the following:
12        (1) The alleged vehicle owner does not own the vehicle.
13        (2) The vehicle is not subject to the vehicle tax by
14    law.
15        (3) The vehicle tax for the period in question has been
16    paid.
17    At an administrative hearing, the formal or technical rules
18of evidence shall not apply. The hearing shall be recorded. The
19person conducting the hearing shall have the power to
20administer oaths and to secure by subpoena the attendance and
21testimony of witnesses and the production of relevant
22documents.
23    (d) If a vehicle owner who has been sent a first notice of
24failure to pay a vehicle tax and a second notice of impending
25registration suspension fails to pay the vehicle tax or to
26contest successfully the vehicle owner's liability within the

 

 

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1periods specified in the notices, the appropriate official
2shall cause a certified report to be sent to the Secretary of
3State under subsection (e).
4    (e) A report of a municipality notifying the Secretary of
5State of a vehicle owner's failure to pay a vehicle tax or
6related fines or penalties under this Section shall be
7certified by the appropriate official and shall contain the
8following:
9        (1) The name, last known address, and registration
10    plate or digital registration plate number of the vehicle
11    of the person who failed to pay the vehicle tax.
12        (2) The name of the municipality making the report.
13        (3) A statement that the municipality sent notices as
14    required by subsection (b); the date on which the notices
15    were sent; the address to which the notices were sent; and
16    the date of the hearing, if any.
17    (f) Following receipt of the certified report under this
18Section, the Secretary of State shall notify the vehicle owner
19that the vehicle's registration will be suspended at the end of
20a reasonable specified period of time unless the Secretary of
21State is presented with a notice from the municipality
22certifying that the person has paid the necessary vehicle tax,
23or that inclusion of that person's name or registration number
24on the certified report was in error. The Secretary's notice
25shall state in substance the information contained in the
26certified report from the municipality to the Secretary, and

 

 

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1shall be effective as specified by subsection (c) of Section
26-211 of this Code. The notice shall also inform the person of
3the person's right to a hearing under subsection (g).
4    (g) An administrative hearing with the Office of the
5Secretary of State to contest an impending suspension or a
6suspension made under this Section may be had upon filing a
7written request with the Secretary of State. The filing fee for
8this hearing shall be $20 to be paid at the time the request is
9made.
10        (1) The scope of any administrative hearing with the
11    Secretary of State to contest an impending suspension under
12    this Section shall be limited to the following issues:
13            (A) Whether the report of the appropriate official
14        of the municipality was certified and contained the
15        information required by this Section.
16            (B) Whether the municipality making the certified
17        report to the Secretary of State established
18        procedures by ordinance for persons to challenge the
19        accuracy of the certified report.
20            (C) Whether the Secretary of State notified the
21        vehicle owner that the vehicle's registration would be
22        suspended at the end of the specified time period
23        unless the Secretary of State was presented with a
24        notice from the municipality certifying that the
25        person has purchased the necessary vehicle tax sticker
26        or that inclusion of that person's name or registration

 

 

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1        number on the certified report was in error.
2    A municipality that files a certified report with the
3Secretary of State under this Section shall reimburse the
4Secretary for all reasonable costs incurred by the Secretary as
5a result of the filing of the report, including but not limited
6to the costs of providing the notice required under subsection
7(f) and the costs incurred by the Secretary in any hearing
8conducted with respect to the report under this subsection and
9any appeal from that hearing.
10    (h) After the expiration of the time specified under
11subsection (g), the Secretary of State shall, unless the
12suspension is successfully contested, suspend the registration
13of the vehicle until the Secretary receives notice under
14subsection (i).
15    (i) Any municipality making a certified report to the
16Secretary of State under this subsection shall notify the
17Secretary of State, in a form prescribed by the Secretary,
18whenever a person named in the certified report has
19subsequently paid a vehicle tax or whenever the municipality
20determines that the original report was in error. A certified
21copy of the notification shall also be given upon request and
22at no additional charge to the person named in the report. Upon
23receipt of the notification or presentation of a certified copy
24of the notification by the municipality, the Secretary of State
25shall terminate the suspension.
26    (j) To facilitate enforcement of municipal vehicle tax

 

 

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1liability, a municipality may provide by ordinance for a
2program of vehicle immobilization as provided by Section
311-1430.1 of this Code.
4(Source: P.A. 100-201, eff. 8-18-17.)
 
5    (625 ILCS 5/3-706)  (from Ch. 95 1/2, par. 3-706)
6    Sec. 3-706. Owner to return evidences of registration upon
7cancellation, revocation or suspension. Whenever the
8Secretary of State cancels or revokes the registration of a
9vehicle or a certificate of title, registration card,
10registration sticker or stickers or digital registration
11sticker or stickers, registration plate or plates or digital
12registration plate or plates, or a nonresident or other permit
13or the license of any dealer or wrecker, the owner or person in
14possession of the same shall immediately return the evidences
15of registration, title or license so cancelled or revoked to
16the Secretary.
17    Whenever the Secretary suspends the registration of a
18vehicle or the license of any dealer or wrecker, the owner or
19person in possession of the same, upon request by the
20Secretary, shall immediately return all evidence of the
21registration or the license so suspended to the Secretary.
22(Source: P.A. 85-1201.)
 
23    (625 ILCS 5/3-802)  (from Ch. 95 1/2, par. 3-802)
24    Sec. 3-802. Reclassifications and upgrades.

 

 

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1    (a) Definitions. For the purposes of this Section, the
2following words shall have the meanings ascribed to them as
3follows:
4        "Reclassification" means changing the registration of
5    a vehicle from one plate category to another.
6        "Upgrade" means increasing the registered weight of a
7    vehicle within the same plate category.
8    (b) When reclassing the registration of a vehicle from one
9plate category to another, the owner shall receive credit for
10the unused portion of the present plate and be charged the
11current portion fees for the new plate. In addition, the
12appropriate replacement plate and replacement sticker fees
13shall be assessed.
14    (b-5) Beginning with the 2019 registration year, any
15individual who has a registration issued under either Section
163-405 or 3-405.1 that qualifies for a special license plate
17under Section 3-609, 3-609.1, 3-620, 3-621, 3-622, 3-623,
183-624, 3-625, 3-626, 3-628, 3-638, 3-642, 3-645, 3-647, 3-650,
193-651, 3-664, 3-666, 3-667, 3-668, 3-669, 3-676, 3-677, 3-680,
203-681, 3-683, 3-686, 3-688, 3-693, 3-698, or 3-699.12 may
21reclass his or her registration upon acquiring a special
22license plate listed in this subsection (b-5) without a
23replacement plate or digital plate fee or registration sticker
24or digital registration sticker cost.
25    (b-10) Beginning with the 2019 registration year, any
26individual who has a special license plate issued under Section

 

 

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13-609, 3-609.1, 3-620, 3-621, 3-622, 3-623, 3-624, 3-625,
23-626, 3-628, 3-638, 3-642, 3-645, 3-647, 3-650, 3-651, 3-664,
33-666, 3-667, 3-668, 3-669, 3-676, 3-677, 3-680, 3-681, 3-683,
43-686, 3-688, 3-693, 3-698, or 3-699.12 may reclass his or her
5special license plate upon acquiring a new registration under
6Section 3-405 or 3-405.1 without a replacement plate or digital
7plate fee or registration sticker or digital registration
8sticker cost.
9    (c) When upgrading the weight of a registration within the
10same plate category, the owner shall pay the difference in
11current period fees between the two plates. In addition, the
12appropriate replacement plate and replacement sticker fees
13shall be assessed. In the event new plates are not required,
14the corrected registration card fee shall be assessed.
15    (d) In the event the owner of the vehicle desires to change
16the registered weight and change the plate category, the owner
17shall receive credit for the unused portion of the registration
18fee of the current plate and pay the current portion of the
19registration fee for the new plate, and in addition, pay the
20appropriate replacement plate and replacement sticker fees.
21    (e) Reclassing from one plate category to another plate
22category can be done only once within any registration period.
23    (f) No refunds shall be made in any of the circumstances
24found in subsection (b), subsection (c), or subsection (d);
25however, when reclassing from a flat weight plate to an
26apportioned plate, a refund may be issued if the credit amounts

 

 

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1to an overpayment.
2    (g) In the event the registration of a vehicle registered
3under the mileage tax option is revoked, the owner shall be
4required to pay the annual registration fee in the new plate
5category and shall not receive any credit for the mileage plate
6fees.
7    (h) Certain special interest plates may be displayed on
8first division vehicles, second division vehicles weighing
98,000 pounds or less, and recreational vehicles. Those plates
10can be transferred within those vehicle groups.
11    (i) Plates displayed on second division vehicles weighing
128,000 pounds or less and passenger vehicle plates may be
13reclassed from one division to the other.
14    (j) Other than in subsection (i), reclassing from one
15division to the other division is prohibited. In addition, a
16reclass from a motor vehicle to a trailer or a trailer to a
17motor vehicle is prohibited.
18(Source: P.A. 99-809, eff. 1-1-17; 100-246, eff. 1-1-18;
19100-450, eff. 1-1-18; 100-863, eff. 8-14-18.)
 
20    (625 ILCS 5/3-806.3)  (from Ch. 95 1/2, par. 3-806.3)
21    Sec. 3-806.3. Senior citizens. Commencing with the 2009
22registration year, the registration fee paid by any vehicle
23owner who has been approved for benefits under the Senior
24Citizens and Persons with Disabilities Property Tax Relief Act
25or who is the spouse of such a person shall be $24 instead of

 

 

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1the fee otherwise provided in this Code for passenger cars
2displaying standard multi-year registration plates or digital
3registration plates issued under Section 3-414.1, motor
4vehicles displaying special registration plates or digital
5registration plates issued under Section 3-609, 3-616, 3-621,
63-622, 3-623, 3-624, 3-625, 3-626, 3-628, 3-638, 3-642, 3-645,
73-647, 3-650, 3-651, or 3-663, motor vehicles registered at
88,000 pounds or less under Section 3-815(a), and recreational
9vehicles registered at 8,000 pounds or less under Section
103-815(b). Widows and widowers of claimants shall also be
11entitled to this reduced registration fee for the registration
12year in which the claimant was eligible.
13    Commencing with the 2009 registration year, the
14registration fee paid by any vehicle owner who has claimed and
15received a grant under the Senior Citizens and Persons with
16Disabilities Property Tax Relief Act or who is the spouse of
17such a person shall be $24 instead of the fee otherwise
18provided in this Code for passenger cars displaying standard
19multi-year registration plates or digital registration plates
20issued under Section 3-414.1, motor vehicles displaying
21special registration plates or digital registration plates
22issued under Section 3-607, 3-609, 3-616, 3-621, 3-622, 3-623,
233-624, 3-625, 3-626, 3-628, 3-638, 3-642, 3-645, 3-647, 3-650,
243-651, 3-663, or 3-664, motor vehicles registered at 8,000
25pounds or less under Section 3-815(a), and recreational
26vehicles registered at 8,000 pounds or less under Section

 

 

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13-815(b). Widows and widowers of claimants shall also be
2entitled to this reduced registration fee for the registration
3year in which the claimant was eligible.
4    Commencing with the 2017 registration year, the reduced fee
5under this Section shall apply to any special registration
6plate or digital registration plate authorized in Article VI of
7Chapter 3 of this Code for which the applicant would otherwise
8be eligible.
9    Surcharges for vehicle registrations under Section 3-806
10of this Code shall not be collected from any vehicle owner who
11has been approved for benefits under the Senior Citizens and
12Disabled Persons Property Tax Relief Act or a person who is the
13spouse of such a person.
14    No more than one reduced registration fee under this
15Section shall be allowed during any 12-month period based on
16the primary eligibility of any individual, whether such reduced
17registration fee is allowed to the individual or to the spouse,
18widow or widower of such individual. This Section does not
19apply to the fee paid in addition to the registration fee for
20motor vehicles displaying vanity, personalized, or special
21license plates.
22(Source: P.A. 99-71, eff. 1-1-16; 99-143, eff. 7-27-15; 99-642,
23eff. 7-28-16; 99-707, eff. 7-29-16.)
 
24    (625 ILCS 5/3-814.3)
25    Sec. 3-814.3. Registration of fleets of semitrailers or

 

 

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1apportionable semitrailers. The Secretary of State may provide
2for the registration of large fleets of semitrailers or
3apportionable semitrailers by accepting the appropriate fees
4and issuing the registration plate or digital registration
5plate prior to the plate being assigned to a specific vehicle.
6The registration indexes will be updated on a date
7predetermined by the Secretary of State. In determining this
8date, the Secretary of State shall take into consideration the
9number of vehicles in each fleet.
10(Source: P.A. 89-710, eff. 2-14-97.)
 
11    (625 ILCS 5/3-814.4)
12    Sec. 3-814.4. Registration of fleet vehicles. The
13Secretary may issue fleet vehicle registration plates or
14digital registration plates to owners of vehicle fleets
15registered in accordance with Section 3-405.3 of this Code in
16bulk before plates are assigned to specific vehicles. A
17registration plate or digital registration plate may not be
18displayed on a vehicle, however, until the plate has been
19activated on the Secretary's registration file and the proper
20fee has been forwarded to the Secretary.
21(Source: P.A. 95-331, eff. 8-21-07.)
 
22    (625 ILCS 5/3-820)  (from Ch. 95 1/2, par. 3-820)
23    Sec. 3-820. Duplicate Number Plates. Upon filing in the
24Office of the Secretary of State an affidavit to the effect

 

 

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1that an original number plate for a vehicle is lost, stolen or
2destroyed, a duplicate number plate shall be furnished upon
3payment of a fee of $6 for each duplicate plate and a fee of $9
4for a pair of duplicate plates.
5    Upon filing in the Office of the Secretary of State an
6affidavit to the effect that an original registration sticker
7or digital registration sticker for a vehicle is lost, stolen
8or destroyed, a new registration sticker or digital
9registration sticker shall be furnished upon payment of a fee
10of $5 for registration stickers or digital registration
11stickers issued on or before February 28, 2005 and $20 for
12registration stickers or digital registration stickers issued
13on or after March 1, 2005.
14    The Secretary of State may, in his discretion, assign a new
15number plate or plates in lieu of a duplicate of the plate or
16plates so lost, stolen or destroyed, but such assignment of a
17new plate or plates shall not affect the right of the owner to
18secure a reassignment of his original registration number in
19the manner provided in this Act. The fee for one new number
20plate shall be $6, and for a pair of new number plates, $9.
21    For the administration of this Section, the Secretary shall
22consider the loss of a registration plate or digital
23registration plate or plates with properly affixed
24registration stickers or digital registration stickers as
25requiring the payment of:
26        (i) $11 for each duplicate issued on or before February

 

 

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1    28, 2005 and $26 for each duplicate issued on or after
2    March 1, 2005; or
3        (ii) $14 for a pair of duplicate plates issued on or
4    before February 28, 2005 and $29 for a pair of duplicate
5    plates issued on or after March 1, 2005.
6(Source: P.A. 93-840, eff. 7-30-04; 93-1067, eff. 1-15-05.)
 
7    (625 ILCS 5/3-824)  (from Ch. 95 1/2, par. 3-824)
8    Sec. 3-824. When fees returnable.
9    (a) Whenever any application to the Secretary of State is
10accompanied by any fee as required by law and such application
11is refused or rejected, said fee shall be returned to said
12applicant.
13    (b) Whenever the Secretary of State collects any fee not
14required to be paid under the provisions of this Act, the same
15shall be refunded to the person paying the same upon
16application therefor made within 6 months after the date of
17such payment, except as follows: (1) whenever a refund is
18determined to be due and owing as a result of an audit, by this
19State or any other state or province, in accordance with
20Section 2-124 of this Code, of a prorate or apportion license
21fee payment pursuant to any reciprocal compact or agreement
22between this State and any other state or province, and the
23Secretary for any reason fails to promptly make such refund,
24the licensee shall have one year from the date of the
25notification of the audit result to file, with the Secretary,

 

 

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1an application for refund found to be due and owing as a result
2of such audit; and (2) whenever a person eligible for a reduced
3registration fee pursuant to Section 3-806.3 of this Code has
4paid in excess of the reduced registration fee owed, the refund
5applicant shall have 2 years from the date of overpayment to
6apply with the Secretary for a refund of that part of payment
7made in excess of the established reduced registration fee.
8    (c) Whenever a person dies after making application for
9registration, application for a refund of the registration fees
10and taxes may be made if the vehicle is then sold or disposed
11of so that the registration plates or digital registration
12plates, registration sticker or digital registration sticker
13and card are never used. The Secretary of State shall refund
14the registration fees and taxes upon receipt within 6 months
15after the application for registration of an application for
16refund accompanied with the unused registration plates or
17digital registration plates or registration sticker or digital
18registration sticker and card and proof of both the death of
19the applicant and the sale or disposition of the vehicle.
20    (d) Any application for refund received after the times
21specified in this Section shall be denied and the applicant in
22order to receive a refund must apply to the Court of Claims.
23    (d-5) Refunds may be granted for any title-related
24transaction if a title application has not been processed by
25the Secretary of State. If any application for a certificate of
26title under Section 3-104 or salvage title under Section 3-118

 

 

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1is verified by the National Motor Vehicle Title Information
2System (NMVTIS), and receives a warning or error from the
3NMVTIS reporting that the vehicle requires either a salvage
4certificate or a junk certificate in lieu of the original
5applied certificate of title or salvage title, then the
6applicant shall have 6 months to apply for a refund of cost, or
7the difference of the certificate of title or salvage
8certificate.
9    (e) The Secretary of State is authorized to maintain a two
10signature revolving checking account with a suitable
11commercial bank for the purpose of depositing and
12withdrawal-for-return those monies received and determined
13upon receipt to be in excess of the amount or amounts required
14by law.
15    (f) Refunds on audits performed by Illinois or another
16member of the International Registration Plan shall be made in
17accordance with the procedures as set forth in the agreement.
18(Source: P.A. 99-414, eff. 8-20-15.)
 
19    (625 ILCS 5/4-104)  (from Ch. 95 1/2, par. 4-104)
20    Sec. 4-104. Offenses relating to possession of titles and
21registration.
22    (a) It is a violation of this Chapter for:
23        1. A person to possess without authority any
24    manufacturers statement of origin, certificate of title,
25    salvage certificate, junking certificate, display

 

 

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1    certificate of title, registration card, license plate or
2    digital license plate, registration sticker or digital
3    registration sticker, or temporary registration permit,
4    whether blank or otherwise;
5        2. A person to possess any manufacturers certificate of
6    origin, salvage certificate, junking certificate,
7    certificate of title, display certificate without complete
8    assignment;
9        3. A person to possess any manufacturers statement of
10    origin, salvage certificate, junking certificate, display
11    certificate or certificate of title, temporary
12    registration permit, registration card, license plate or
13    digital license plate, or registration sticker or digital
14    registration sticker knowing it to have been stolen,
15    converted, altered, forged or counterfeited;
16        4. A person to display or affix to a vehicle any
17    certificate of title, manufacturers statement of origin,
18    salvage certificate, junking certificate, display
19    certificate, temporary registration permit, registration
20    card, license plate or digital license plate, or
21    registration sticker or digital registration sticker not
22    authorized by law for use on such vehicle;
23        5. A person to permit another, not entitled thereto, to
24    use or have possession of any manufacturers statement of
25    origin, salvage certificate, junking certificate, display
26    certificate or certificate of title, registration card,

 

 

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1    license plate or digital license plate, temporary
2    registration permit, or registration sticker or digital
3    registration sticker;
4        6. A person to fail to mail or deliver to the proper
5    person within a reasonable period of time after receipt
6    from the Secretary of State, any certificate of title,
7    salvage certificate, junking certificate, display
8    certificate, registration card, temporary registration
9    permit, license plate or digital license plate, or
10    registration sticker or digital registration sticker. If a
11    person mails or delivers reasonable notice to the proper
12    person after receipt from the Secretary of State, a
13    presumption of delivery within a reasonable period of time
14    shall exist; provided, however, the delivery is made,
15    either by mail or otherwise, within 20 days from the date
16    of receipt from the Secretary of State.
17    (b) Sentence:
18        1. A person convicted of a violation of subsection 1 or
19    2 of paragraph (a) of this Section is guilty of a Class 4
20    felony.
21        2. A person convicted of a violation of subsection 3 of
22    paragraph (a) of this Section is guilty of a Class 2
23    felony.
24        3. A person convicted of a violation of either
25    subsection 4 or 5 of paragraph (a) of this Section is
26    guilty of a Class A misdemeanor and upon a second or

 

 

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1    subsequent conviction of such a violation is guilty of a
2    Class 4 felony.
3        4. A person convicted of a violation of subsection 6 of
4    paragraph (a) of this Section is guilty of a petty offense.
5(Source: P.A. 87-854; 87-1225; 88-45.)
 
6    (625 ILCS 5/4-105)  (from Ch. 95 1/2, par. 4-105)
7    Sec. 4-105. Offenses relating to disposition of titles and
8registration.
9    (a) It is a violation of this Chapter for:
10        1. a person to alter, forge, or counterfeit any
11    manufacturers statement of origin, certificate of title,
12    salvage certificate, junking certificate, display
13    certificate, registration sticker or digital registration
14    sticker, registration card, or temporary registration
15    permit;
16        2. a person to alter, forge, or counterfeit an
17    assignment of any manufacturers statement of origin,
18    certificate of title, salvage certificate or junking
19    certificate;
20        3. a person to alter, forge, or counterfeit a release
21    of a security interest on any manufacturers statement of
22    origin, certificate of title, salvage certificate or
23    junking certificate;
24        4. a person to alter, forge, or counterfeit an
25    application for any certificate of title, salvage

 

 

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1    certificate, junking certificate, display certificate,
2    registration sticker or digital registration sticker,
3    registration card, temporary registration permit or
4    license plate;
5        5. a person to use a false or fictitious name or
6    address or altered, forged, counterfeited or stolen
7    manufacturer's identification number, or make a material
8    false statement, or fail to disclose a security interest,
9    or conceal any other material fact on any application for
10    any manufacturers statement of origin, certificate of
11    title, junking certificate, salvage certificate,
12    registration card, license plate or digital license plate,
13    temporary registration permit, or registration sticker or
14    digital registration sticker, or commit a fraud in
15    connection with any application under this Act;
16        6. an unauthorized person to have in his possession a
17    blank Illinois certificate of title paper;
18        7. a person to surrender or cause to be surrendered any
19    certificate of title, salvage or junking certificate in
20    exchange for a certificate of title or other title document
21    from any other state or foreign jurisdiction for the
22    purpose of changing or deleting an "S.V." or "REBUILT"
23    notation, odometer reading, or any other information
24    contained on such Illinois certificate.
25    (b) Sentence:
26    A person convicted of a violation of this Section shall be

 

 

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1guilty of a Class 2 felony.
2(Source: P.A. 84-986.)
 
3    (625 ILCS 5/4-204)  (from Ch. 95 1/2, par. 4-204)
4    Sec. 4-204. Police tows; reports, release of vehicles,
5payment. When a vehicle is authorized to be towed away as
6provided in Section 4-202 or 4-203:
7    (a) The authorization, any hold order, and any release
8shall be in writing, or confirmed in writing, with a copy given
9to the towing service.
10    (b) The police headquarters or office of the law officer
11authorizing the towing shall keep and maintain a record of the
12vehicle towed, listing the color, year of manufacture,
13manufacturer's trade name, manufacturer's series name, body
14style, Vehicle Identification Number, license plate or digital
15license plate year and number and registration sticker or
16digital registration sticker year and number displayed on the
17vehicle. The record shall also include the date and hour of
18tow, location towed from, location towed to, reason for towing
19and the name of the officer authorizing the tow.
20    (c) The owner, operator, or other legally entitled person
21shall be responsible to the towing service for payment of
22applicable removal, towing, storage, and processing charges
23and collection costs associated with a vehicle towed or held
24under order or authorization of a law enforcement agency. If a
25vehicle towed or held under order or authorization of a law

 

 

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1enforcement agency is seized by the ordering or authorizing
2agency or any other law enforcement or governmental agency and
3sold, any unpaid removal, towing, storage, and processing
4charges and collection costs shall be paid to the towing
5service from the proceeds of the sale. If applicable law
6provides that the proceeds are to be paid into the treasury of
7the appropriate civil jurisdiction, then any unpaid removal,
8towing, storage, and processing charges and collection costs
9shall be paid to the towing service from the treasury of the
10civil jurisdiction. That payment shall not, however, exceed the
11amount of proceeds from the sale, with the balance to be paid
12by the owner, operator, or other legally entitled person.
13    (d) Upon delivery of a written release order to the towing
14service, a vehicle subject to a hold order shall be released to
15the owner, operator, or other legally entitled person upon
16proof of ownership or other entitlement and upon payment of
17applicable removal, towing, storage, and processing charges
18and collection costs.
19(Source: P.A. 89-433, eff. 12-15-95.)
 
20    (625 ILCS 5/5-202)  (from Ch. 95 1/2, par. 5-202)
21    Sec. 5-202. Tow or Wrecker operators must register tow or
22wrecker vehicles.
23    (a) No person in this State shall engage in the business of
24operating a tow truck or wrecker or operate a tow or wrecker
25vehicle until such person shall register any vehicle to be used

 

 

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1for such purpose and apply for and receive from the Secretary
2of State a generally distinctive set of 3 "tow truck" plates
3for any towing or wrecker vehicle operated by him.
4    (b) An application for registration for a generally
5distinctive set of 3 "tow truck" plates under this Article
6shall be filed with the Secretary of State, duly verified by
7oath and in such form as the Secretary of State may by rule or
8regulation prescribe and shall contain the name and business
9address of such person, the vehicle identification number of
10the vehicle for which such application is made, proof of
11insurance as set forth in paragraph (d) of Section 12-606 of
12this Code, and such other information concerning the business
13of the applicant as the Secretary of State may by rule or
14regulation prescribe.
15    (c) The application for registration and a generally
16distinctive set of 3 "tow truck" plates shall be accompanied by
17the prescribed fee. Upon payment of such fee, such registration
18and application shall be filed and recorded in the office of
19the Secretary of State. Thereupon the Secretary of State shall
20assign and issue to such person a generally distinctive number
21for each vehicle and without further expense to him shall
22deliver to such person at his place of business address one set
23of 3 "tow truck" plates. Such "tow truck" plates shall be used
24by such person only on the vehicle for which application was
25made and the vehicle being towed, and are not transferable.
26    (d) All "tow truck" plates granted under this Section shall

 

 

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1expire by operation of law on December 31 of the calendar year
2for which they are granted unless sooner revoked under the
3provisions of Section 5-501 of this Chapter.
4    (e) One "tow truck" plate shall be attached to the front
5and rear of each registered vehicle, and one "tow truck" plate
6shall be attached to the rear of the vehicle being towed unless
7the towed vehicle displays a valid registration plate or
8digital registration plate visible from the rear while being
9towed, so that the numbers and letter on the plate are clearly
10visible to any person following the vehicle being towed.
11However, illumination of the rear plate required by subsection
12(c) of Section 12-201 of this Code shall not apply to the third
13plate displayed on the towed vehicle. In addition, the vehicle
14registration plates or digital registration plates assigned to
15the vehicle being towed shall be displayed as provided in
16Section 3-413 of this Code.
17(Source: P.A. 86-444; 86-565; 86-1028.)
 
18    (625 ILCS 5/6-305)  (from Ch. 95 1/2, par. 6-305)
19    Sec. 6-305. Renting motor vehicle to another.
20    (a) No person shall rent a motor vehicle to any other
21person unless the latter person, or a driver designated by a
22nondriver with disabilities and meeting any minimum age and
23driver's record requirements that are uniformly applied by the
24person renting a motor vehicle, is then duly licensed hereunder
25or, in the case of a nonresident, then duly licensed under the

 

 

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1laws of the State or country of his residence unless the State
2or country of his residence does not require that a driver be
3licensed.
4    (b) No person shall rent a motor vehicle to another until
5he has inspected, including through electronic or digital
6means, the drivers license of the person to whom the vehicle is
7to be rented, or by whom it is to be driven, and compared and
8verified the license is unexpired signature thereon with the
9signature of such person written in his presence unless, in the
10case of a nonresident, the State or country wherein the
11nonresident resides does not require that a driver be licensed.
12    (c) No person shall rent a motorcycle to another unless the
13latter person is then duly licensed hereunder as a motorcycle
14operator, and in the case of a nonresident, then duly licensed
15under the laws of the State or country of his residence, unless
16the State or country of his residence does not require that a
17driver be licensed.
18    (c-1) A rental car company that rents a motor vehicle shall
19ensure that the renter is provided with an emergency telephone
20number to personnel capable of fielding roadside assistance and
21other customer service inquiries, including the ability to
22provide the caller with the telephone number of the location
23from which the vehicle was rented, if requested by the caller.
24If an owner's manual is not available in the vehicle at the
25time of the rental, an owner's manual for that vehicle or a
26similar model shall be accessible by the personnel answering

 

 

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1the emergency telephone number for assistance with inquiries
2about the operation of the vehicle.
3    (d) (Blank).
4    (e) (Blank).
5    (f) Subject to subsection (l), any person who rents a motor
6vehicle to another shall only advertise, quote, and charge a
7rental rate that includes the entire amount except taxes, a
8mileage charge, and airport concession charge, if any, which a
9renter must pay to hire or lease the vehicle for the period of
10time to which the rental rate applies. The person must provide,
11on the request of the renter, based on the available
12information, an estimated total of the daily rental rate,
13including all applicable taxes, fees, and other charges, or an
14estimated total rental charge, based on the return date of the
15vehicle noted on the rental agreement. Further, if the rental
16agreement does not already provide an estimated total rental
17charge, the following statement must be included in the rental
18agreement:
19    "NOTICE: UNDER ILLINOIS LAW, YOU MAY REQUEST, BASED ON
20    AVAILABLE INFORMATION, AN ESTIMATED TOTAL DAILY RENTAL
21    RATE, INCLUDING TAXES, FEES, AND OTHER CHARGES, OR AN
22    ESTIMATED TOTAL RENTAL CHARGE, BASED ON THE VEHICLE RETURN
23    DATE NOTED ON THIS AGREEMENT."
24    Such person shall not charge in addition to the rental
25rate, taxes, mileage charge, and airport concession charge, if
26any, any fee which must be paid by the renter as a condition of

 

 

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1hiring or leasing the vehicle, such as, but not limited to,
2required fuel or airport surcharges, nor any fee for
3transporting the renter to the location where the rented
4vehicle will be delivered to the renter. In addition to the
5rental rate, taxes, mileage charge, and airport concession
6charge, if any, such person may charge for an item or service
7provided in connection with a particular rental transaction if
8the renter can avoid incurring the charge by choosing not to
9obtain or utilize the optional item or service. Items and
10services for which such person may impose an additional charge
11include, but are not limited to, optional insurance and
12accessories requested by the renter, service charges incident
13to the renter's optional return of the vehicle to a location
14other than the location where the vehicle was hired or leased,
15and charges for refueling the vehicle at the conclusion of the
16rental transaction in the event the renter did not return the
17vehicle with as much fuel as was in the fuel tank at the
18beginning of the rental. "Airport concession charge" means a
19charge or fee imposed and collected from a renter to reimburse
20the motor vehicle rental company for the concession fee it is
21required to pay to a local government corporate authority or
22airport authority to rent motor vehicles at the airport
23facility. The airport concession charge is in addition to any
24customer facility charge or any other charge.
25    (f-5) A rental car company that offers a renter the
26opportunity to use a transponder or other electronic tolling

 

 

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1device shall notify the renter of the opportunity to use the
2device at or before the beginning of the rental agreement.
3    If a vehicle offered by a rental car company is equipped
4with a transponder or other electronic tolling device and the
5company fails to notify the renter of the option to use the
6device, the rental car company shall not:
7        (1) charge a renter a fee of more than $2 each day for
8    the use of a transponder or other electronic tolling
9    device; however, the company may recoup the actual cost
10    incurred for any toll; and
11        (2) charge a renter a daily fee on any day the renter
12    does not drive through an electronic toll or only drives
13    through an electronic toll collection system for which no
14    alternative payment option exists.
15    (g) Every person renting a motor vehicle to another shall
16keep a record of the registration number of the motor vehicle
17so rented, the name and address of the person to whom the
18vehicle is rented, the number of the license, if any, of said
19latter person, and the date and place when and where the
20license, if any, was issued. Such record may be maintained in
21an electronic or digital format, and shall be open to
22inspection by any police officer or designated agent of the
23Secretary of State.
24    (h) A person licensed as a new car dealer under Section
255-101 of this Code shall not be subject to the provisions of
26this Section regarding the rental of private passenger motor

 

 

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1vehicles when providing, free of charge, temporary substitute
2vehicles for customers to operate during a period when a
3customer's vehicle, which is either leased or owned by that
4customer, is being repaired, serviced, replaced or otherwise
5made unavailable to the customer in accordance with an
6agreement with the licensed new car dealer or vehicle
7manufacturer, so long as the customer orally or in writing is
8made aware that the temporary substitute vehicle will be
9covered by his or her insurance policy and the customer shall
10only be liable to the extent of any amount deductible from such
11insurance coverage in accordance with the terms of the policy.
12    (i) This Section, except the requirements of subsection
13(g), also applies to rental agreements of 30 continuous days or
14less involving a motor vehicle that was delivered by an out of
15State person or business to a renter in this State.
16    (j) A public airport may, if approved by its local
17government corporate authorities or its airport authority,
18impose a customer facility charge upon customers of rental car
19companies for the purposes of financing, designing,
20constructing, operating, and maintaining consolidated car
21rental facilities and common use transportation equipment and
22facilities, which are used to transport the customer,
23connecting consolidated car rental facilities with other
24airport facilities.
25    Notwithstanding subsection (f) of this Section, the
26customer facility charge shall be collected by the rental car

 

 

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1company as a separate charge, and clearly indicated as a
2separate charge on the rental agreement and invoice. Facility
3charges shall be immediately deposited into a trust account for
4the benefit of the airport and remitted at the direction of the
5airport, but not more often than once per month. The charge
6shall be uniformly calculated on a per-contract or per-day
7basis. Facility charges imposed by the airport may not exceed
8the reasonable costs of financing, designing, constructing,
9operating, and maintaining the consolidated car rental
10facilities and common use transportation equipment and
11facilities and may not be used for any other purpose.
12    Notwithstanding any other provision of law, the charges
13collected under this Section are not subject to retailer
14occupation, sales, use, or transaction taxes.
15    (k) When a rental car company states a rental rate in any
16of its rate advertisements, its proprietary computer
17reservation systems, or its in-person quotations intended to
18apply to an airport rental, a company that collects from its
19customers a customer facility charge for that rental under
20subsection (j) shall do all of the following:
21        (1) Clearly and conspicuously disclose in any radio,
22    television, or other electronic media advertisements the
23    existence and amount of the charge if the advertisement is
24    intended for rentals at an airport imposing the charge or,
25    if the advertisement covers an area with multiple airports
26    with different charges, a range of amounts of customer

 

 

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1    facility charges if the advertisement is intended for
2    rentals at an airport imposing the charge.
3        (2) Clearly and conspicuously disclose in any print
4    rate advertising the existence and amount of the charge if
5    the advertisement is intended for rentals at an airport
6    imposing the charge or, if the print rate advertisement
7    covers an area with multiple airports with different
8    charges, a range of amounts of customer facility charges if
9    the advertisement is intended for rentals at an airport
10    imposing the charge.
11        (3) Clearly and conspicuously disclose the existence
12    and amount of the charge in any telephonic, in-person, or
13    computer-transmitted quotation from the rental car
14    company's proprietary computer reservation system at the
15    time of making an initial quotation of a rental rate if the
16    quotation is made by a rental car company location at an
17    airport imposing the charge and at the time of making a
18    reservation of a rental car if the reservation is made by a
19    rental car company location at an airport imposing the
20    charge.
21        (4) Clearly and conspicuously display the charge in any
22    proprietary computer-assisted reservation or transaction
23    directly between the rental car company and the customer,
24    shown or referenced on the same page on the computer screen
25    viewed by the customer as the displayed rental rate and in
26    a print size not smaller than the print size of the rental

 

 

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1    rate.
2        (5) Clearly and conspicuously disclose and separately
3    identify the existence and amount of the charge on its
4    rental agreement.
5        (6) A rental car company that collects from its
6    customers a customer facility charge under subsection (j)
7    and engages in a practice which does not comply with
8    subsections (f), (j), and (k) commits an unlawful practice
9    within the meaning of the Consumer Fraud and Deceptive
10    Business Practices Act.
11    (l) Notwithstanding subsection (f), any person who rents a
12motor vehicle to another may, in connection with the rental of
13a motor vehicle to (i) a business renter or (ii) a business
14program sponsor under the sponsor's business program, do the
15following:
16        (1) separately quote, by telephone, in person, or by
17    computer transmission, additional charges for the rental;
18    and
19        (2) separately impose additional charges for the
20    rental.
21    (l-5) A person licensed under Section 5-101, 5-101.2, or
225-102 of this Code shall not participate in a rental-purchase
23agreement vehicle program unless the licensee retains the
24vehicle in his or her name and retains proof of proper vehicle
25registration under Chapter 3 of this Code and liability
26insurance under Section 7-601 of this Code. The licensee shall

 

 

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1transfer ownership of the vehicle to the renter within 20
2calendar days of the agreed-upon date of completion of the
3rental-purchase agreement. If the licensee fails to transfer
4ownership of the vehicle to the renter within the 20 calendar
5days, then the renter may apply for the vehicle's title to the
6Secretary of State by providing the Secretary the
7rental-purchase agreement, an application for title, the
8required title fee, and any other documentation the Secretary
9deems necessary to determine ownership of the vehicle. For
10purposes of this subsection (l-5), "rental-purchase agreement"
11has the meaning set forth in Section 1 of the Rental-Purchase
12Agreement Act.
13    (m) As used in this Section:
14        (1) "Additional charges" means charges other than: (i)
15    a per period base rental rate; (ii) a mileage charge; (iii)
16    taxes; or (iv) a customer facility charge.
17        (2) "Business program" means:
18            (A) a contract between a person who rents motor
19        vehicles and a business program sponsor that
20        establishes rental rates at which the person will rent
21        motor vehicles to persons authorized by the sponsor; or
22            (B) a plan, program, or other arrangement
23        established by a person who rents motor vehicles at the
24        request of, or with the consent of, a business program
25        sponsor under which the person offers to rent motor
26        vehicles to persons authorized by the sponsor on terms

 

 

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1        that are not the same as those generally offered by the
2        rental company to the public.
3        (3) "Business program sponsor" means any legal entity
4    other than a natural person, including a corporation,
5    limited liability company, partnership, government,
6    municipality or agency, or a natural person operating a
7    business as a sole proprietor.
8        (4) "Business renter" means any person renting a motor
9    vehicle for business purposes or, for any business program
10    sponsor, a person who is authorized by the sponsor to enter
11    into a rental contract under the sponsor's business
12    program. "Business renter" does not include a person
13    renting as:
14            (A) a non-employee member of a not-for-profit
15        organization;
16            (B) the purchaser of a voucher or other prepaid
17        rental arrangement from a person, including a tour
18        operator, engaged in the business of reselling those
19        vouchers or prepaid rental arrangements to the general
20        public;
21            (C) an individual whose car rental is eligible for
22        reimbursement in whole or in part as a result of the
23        person being insured or provided coverage under a
24        policy of insurance issued by an insurance company; or
25            (D) an individual whose car rental is eligible for
26        reimbursement in whole or in part as a result of the

 

 

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1        person purchasing motor vehicle repair services from a
2        person licensed to perform those services.
3(Source: P.A. 100-450, eff. 1-1-18; 100-878, eff. 1-1-19.)
 
4    (625 ILCS 5/7-303)  (from Ch. 95 1/2, par. 7-303)
5    Sec. 7-303. Suspension of driver's licenses, registration
6certificates, license plates or digital license plates, and
7registration stickers or digital registration stickers for
8failure to satisfy judgment.
9    (a) The Secretary of State shall, except as provided in
10paragraph (d), suspend the driver's license issued to any
11person upon receiving an authenticated report as hereinafter
12provided for in Section 7-307 that the person has failed for a
13period of 30 days to satisfy any final judgment in amounts as
14hereinafter stated, and shall also suspend the registration
15certificate, license plates or digital license plates, and
16registration sticker or digital registration sticker of the
17judgment debtor's motor vehicle involved in the crash as
18indicated in the authenticated report.
19    (b) The term "judgment" shall mean: A final judgment of any
20court of competent jurisdiction of any State, against a person
21as defendant for damages on account of bodily injury to or
22death of any person or damages to property resulting from the
23operation, on and after July 12, 1938, of any motor vehicle.
24    (c) The term "State" shall mean: Any State, Territory, or
25possession of the United States, the District of Columbia, or

 

 

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1any province of the Dominion of Canada.
2    (d) The Secretary of State shall not suspend the driver's
3license, registration certificates, registration stickers or
4digital registration stickers, or license plates or digital
5license plates of the judgment debtor, nor shall such judgment
6debtor be subject to the suspension provisions of Sections
77-308 and 7-309 if all the following conditions are met:
8        1. At the time of the motor vehicle accident which gave
9    rise to the unsatisfied judgment the judgment debtor was
10    covered by a motor vehicle liability policy or bond meeting
11    the requirements of this Chapter;
12        2. The insurance company which issued the policy or
13    bond has failed and has suspended operations by order of a
14    court;
15        3. The judgment debtor had no knowledge of the
16    insurance company's failure prior to the motor vehicle
17    accident;
18        4. Within 30 days after learning of the insurance
19    company's failure the judgment debtor secured another
20    liability policy or bond meeting the requirements of this
21    Article relating to future occurrences or accidents;
22        5. The insurance company which issued the motor vehicle
23    liability policy or bond that covered the judgment debtor
24    at the time of the motor vehicle accident is unable to
25    satisfy the judgment in the amounts specified in Section
26    7-311;

 

 

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1        6. The judgment debtor presents to the Secretary of
2    State such certified documents or other proofs as the
3    Secretary of State may require that all of the conditions
4    set forth in this Section have been met.
5(Source: P.A. 98-178, eff. 1-1-14.)
 
6    (625 ILCS 5/7-402)  (from Ch. 95 1/2, par. 7-402)
7    Sec. 7-402. Surrender of license to drive and registration.
8Except as otherwise provided in this Code or Article V of the
9Supreme Court Rules, any person whose license to drive has been
10suspended shall immediately return to the Secretary of State
11any driver's license, instruction permit, restricted driving
12permit or other evidence of driving privileges held by such
13person. Any driving authorization document issued under
14Section 6-206.1 or 11-501.1 of this Code shall be returned to
15the issuing court for proper processing. Any person whose
16vehicle registration has been suspended shall, upon the request
17of the Secretary, immediately return to the Secretary any
18license plates or other evidences of registration held by such
19person.
20    The Secretary is authorized to take possession of any
21license to drive, registration certificate, registration
22sticker or digital registration sticker, or license plates or
23digital license plates upon the suspension thereof under the
24provisions of this Code or to direct any law enforcement
25officer to take possession thereof and to return the same to

 

 

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1the Secretary.
2    Any person willfully failing to comply with this Section is
3guilty of a Class A misdemeanor and shall be punished as
4provided in Section 9-110 of this Code.
5(Source: P.A. 91-357, eff. 7-29-99.)
 
6    (625 ILCS 5/7-602)  (from Ch. 95 1/2, par. 7-602)
7    Sec. 7-602. Insurance card. Every operator of a motor
8vehicle subject to Section 7-601 of this Code shall carry
9within the vehicle evidence of insurance. The evidence shall be
10legible and sufficient to demonstrate that the motor vehicle
11currently is covered by a liability insurance policy as
12required under Section 7-601 of this Code and may include, but
13is not limited to, the following:
14        (a) an insurance card provided by the insurer under
15    this Section;
16        (b) the combination of proof of purchase of the motor
17    vehicle within the previous 60 days and a current insurance
18    card issued for the motor vehicle replaced by such
19    purchase;
20        (c) the current declarations page of a liability
21    insurance policy;
22        (d) a liability insurance binder, certificate of
23    liability insurance or receipt for payment to an insurer or
24    its authorized representative for a liability insurance
25    premium, provided such document contains all information

 

 

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1    the Secretary of State by rule and regulation may require;
2        (e) a current rental agreement;
3        (f) registration plates or digital registration
4    plates, registration sticker or digital registration
5    sticker, or other evidence of registration issued by the
6    Secretary only upon submission of proof of liability
7    insurance pursuant to this Code;
8        (g) a certificate, decal, or other document or device
9    issued by a governmental agency for a motor vehicle
10    indicating the vehicle is insured for liability pursuant to
11    law;
12        (h) the display of electronic images on a cellular
13    phone or other type of portable electronic device. The use
14    of a cellular phone or other type of portable electronic
15    device to display proof of insurance does not constitute
16    consent for a law enforcement officer, court, or other
17    officer of the court to access other contents of the
18    electronic device. Any law enforcement officer, court, or
19    officer of the court presented with the device shall be
20    immune from any liability resulting from damage to the
21    mobile electronic device.
22    An insurance card shall be provided for each motor vehicle
23insured by the insurer issuing the liability insurance policy
24and may be issued in either paper or electronic format.
25Acceptable electronic formats shall permit display on a
26cellular phone or other portable electronic device and satisfy

 

 

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1all other requirements of law and rule, including this Section,
2regarding form and content.
3    The form, contents and manner of issuance of the insurance
4card shall be prescribed by rules and regulations of the
5Secretary of State. The Secretary shall adopt rules requiring
6that reasonable measures be taken to prevent the fraudulent
7production of insurance cards. The insurance card shall display
8an effective date and an expiration date covering a period of
9time not to exceed 12 months. The insurance card shall contain
10the following disclaimer: "Examine policy exclusions
11carefully. This form does not constitute any part of your
12insurance policy." If the insurance policy represented by the
13insurance card does not cover any driver operating the motor
14vehicle with the owner's permission, or the owner when
15operating a motor vehicle other than the vehicle for which the
16policy is issued, the insurance card shall contain a warning of
17such limitations in the coverage provided by the policy.
18    No insurer shall issue a card, similar in appearance, form
19and content to the insurance card required under this Section,
20in connection with an insurance policy that does not provide
21the liability insurance coverage required under Section 7-601
22of this Code.
23    The evidence of insurance shall be displayed upon request
24made by any law enforcement officer wearing a uniform or
25displaying a badge or other sign of authority. Any person who
26fails or refuses to comply with such request is in violation of

 

 

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1Section 3-707 of this Code. Any person who displays evidence of
2insurance, knowing there is no valid liability insurance in
3effect on the motor vehicle as required under Section 7-601 of
4this Code or knowing the evidence of insurance is illegally
5altered, counterfeit or otherwise invalid, is in violation of
6Section 3-710 of this Code.
7    "Display" means the manual surrender of the evidence of
8insurance into the hands of the law enforcement officer, court,
9or officer of the court making the request for the officer's,
10court's, or officer of the court's inspection thereof.
11(Source: P.A. 98-521, eff. 8-23-13.)
 
12    (625 ILCS 5/8-113)  (from Ch. 95 1/2, par. 8-113)
13    Sec. 8-113. Secretary of State to suspend registration
14certificates, registration plates or digital registration
15plates, and registration sticker or digital registration
16sticker when bond or policy cancelled or withdrawn. In the
17event that a bond or policy of insurance is cancelled or
18withdrawn with respect to a vehicle or vehicles, subject to the
19provisions of Section 8-101 or 8-101.1, for which the bond or
20policy of insurance was issued, then the Secretary of State
21immediately shall suspend the registration certificates,
22registration plates or digital registration plates, and
23registration sticker or stickers or digital registration
24sticker or stickers of the owner, with respect to such motor
25vehicle or vehicles, and said registration certificates,

 

 

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1registration plates or digital registration plates, and
2registration sticker or stickers or digital registration
3sticker or stickers shall remain suspended and no registration
4shall be permitted or renewed unless and until the owner of the
5motor vehicle shall have filed proof of financial
6responsibility as provided by Section 8-101 or 8-101.1.
7(Source: P.A. 82-433.)
 
8    (625 ILCS 5/8-114)  (from Ch. 95 1/2, par. 8-114)
9    Sec. 8-114. Issuance of license upon proof of financial
10responsibility. The Secretary of State shall issue to each
11person who has in effect proof of financial responsibility as
12required by Section 8-101 or 8-101.1, a certificate for each
13motor vehicle operated by such person and included within the
14proof of financial responsibility. Each certificate shall
15specify the Illinois registration plate or digital
16registration plate and registration sticker or digital
17registration sticker number of the vehicle, a statement that
18proof of financial responsibility has been filed, and the
19period for which the certificate was issued.
20(Source: P.A. 82-433.)
 
21    (625 ILCS 5/9-109)  (from Ch. 95 1/2, par. 9-109)
22    Sec. 9-109. Secretary of State to cancel certificate and to
23suspend license plates and registration stickers when bond or
24policy cancelled or withdrawn.

 

 

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1    (a) If any insurance policy or bond filed hereunder shall
2for any reason become inoperative, the Secretary of State shall
3forthwith cancel the certificate of compliance of the owner and
4it shall be unlawful for the owner to rent out the motor
5vehicle, covered by said certificate, until a policy or bond
6meeting the requirements of this Act is filed with the
7Secretary of State and a certificate has been issued by him as
8provided by Section 9-108.
9    (b) The Secretary of State shall also suspend the
10registration certificate, license plates or digital license
11plates, and registration sticker or stickers or digital
12registration sticker or stickers of the owner, with respect to
13the motor vehicle for which the insurance policy or bond had
14been issued, and said registration certificates, license
15plates or digital license plates, and registration sticker or
16stickers or digital registration sticker or stickers shall
17remain suspended and no registration shall be permitted or
18renewed unless and until the owner of said motor vehicle shall
19have complied with the provisions of this Act.
20(Source: P.A. 80-230; 80-1185.)
 
21    (625 ILCS 5/11-204.1)  (from Ch. 95 1/2, par. 11-204.1)
22    Sec. 11-204.1. Aggravated fleeing or attempting to elude a
23peace officer.
24    (a) The offense of aggravated fleeing or attempting to
25elude a peace officer is committed by any driver or operator of

 

 

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1a motor vehicle who flees or attempts to elude a peace officer,
2after being given a visual or audible signal by a peace officer
3in the manner prescribed in subsection (a) of Section 11-204 of
4this Code, and such flight or attempt to elude:
5        (1) is at a rate of speed at least 21 miles per hour
6    over the legal speed limit;
7        (2) causes bodily injury to any individual;
8        (3) causes damage in excess of $300 to property;
9        (4) involves disobedience of 2 or more official traffic
10    control devices; or
11        (5) involves the concealing or altering of the
12    vehicle's registration plate or digital registration
13    plate.
14    (b) Any person convicted of a first violation of this
15Section shall be guilty of a Class 4 felony. Upon notice of
16such a conviction the Secretary of State shall forthwith revoke
17the driver's license of the person so convicted, as provided in
18Section 6-205 of this Code. Any person convicted of a second or
19subsequent violation of this Section shall be guilty of a Class
203 felony, and upon notice of such a conviction the Secretary of
21State shall forthwith revoke the driver's license of the person
22convicted, as provided in Section 6-205 of the Code.
23    (c) The motor vehicle used in a violation of this Section
24is subject to seizure and forfeiture as provided in Sections
2536-1 and 36-2 of the Criminal Code of 2012.
26(Source: P.A. 96-328, eff. 8-11-09; 97-743, eff. 1-1-13;

 

 

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197-1150, eff. 1-25-13.)
 
2    (625 ILCS 5/11-208.6)
3    Sec. 11-208.6. Automated traffic law enforcement system.
4    (a) As used in this Section, "automated traffic law
5enforcement system" means a device with one or more motor
6vehicle sensors working in conjunction with a red light signal
7to produce recorded images of motor vehicles entering an
8intersection against a red signal indication in violation of
9Section 11-306 of this Code or a similar provision of a local
10ordinance.
11    An automated traffic law enforcement system is a system, in
12a municipality or county operated by a governmental agency,
13that produces a recorded image of a motor vehicle's violation
14of a provision of this Code or a local ordinance and is
15designed to obtain a clear recorded image of the vehicle and
16the vehicle's license plate. The recorded image must also
17display the time, date, and location of the violation.
18    (b) As used in this Section, "recorded images" means images
19recorded by an automated traffic law enforcement system on:
20        (1) 2 or more photographs;
21        (2) 2 or more microphotographs;
22        (3) 2 or more electronic images; or
23        (4) a video recording showing the motor vehicle and, on
24    at least one image or portion of the recording, clearly
25    identifying the registration plate or digital registration

 

 

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1    plate number of the motor vehicle.
2    (b-5) A municipality or county that produces a recorded
3image of a motor vehicle's violation of a provision of this
4Code or a local ordinance must make the recorded images of a
5violation accessible to the alleged violator by providing the
6alleged violator with a website address, accessible through the
7Internet.
8    (c) Except as provided under Section 11-208.8 of this Code,
9a county or municipality, including a home rule county or
10municipality, may not use an automated traffic law enforcement
11system to provide recorded images of a motor vehicle for the
12purpose of recording its speed. Except as provided under
13Section 11-208.8 of this Code, the regulation of the use of
14automated traffic law enforcement systems to record vehicle
15speeds is an exclusive power and function of the State. This
16subsection (c) is a denial and limitation of home rule powers
17and functions under subsection (h) of Section 6 of Article VII
18of the Illinois Constitution.
19    (c-5) A county or municipality, including a home rule
20county or municipality, may not use an automated traffic law
21enforcement system to issue violations in instances where the
22motor vehicle comes to a complete stop and does not enter the
23intersection, as defined by Section 1-132 of this Code, during
24the cycle of the red signal indication unless one or more
25pedestrians or bicyclists are present, even if the motor
26vehicle stops at a point past a stop line or crosswalk where a

 

 

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1driver is required to stop, as specified in subsection (c) of
2Section 11-306 of this Code or a similar provision of a local
3ordinance.
4    (c-6) A county, or a municipality with less than 2,000,000
5inhabitants, including a home rule county or municipality, may
6not use an automated traffic law enforcement system to issue
7violations in instances where a motorcyclist enters an
8intersection against a red signal indication when the red
9signal fails to change to a green signal within a reasonable
10period of time not less than 120 seconds because of a signal
11malfunction or because the signal has failed to detect the
12arrival of the motorcycle due to the motorcycle's size or
13weight.
14    (d) For each violation of a provision of this Code or a
15local ordinance recorded by an automatic traffic law
16enforcement system, the county or municipality having
17jurisdiction shall issue a written notice of the violation to
18the registered owner of the vehicle as the alleged violator.
19The notice shall be delivered to the registered owner of the
20vehicle, by mail, within 30 days after the Secretary of State
21notifies the municipality or county of the identity of the
22owner of the vehicle, but in no event later than 90 days after
23the violation.
24    The notice shall include:
25        (1) the name and address of the registered owner of the
26    vehicle;

 

 

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1        (2) the registration number of the motor vehicle
2    involved in the violation;
3        (3) the violation charged;
4        (4) the location where the violation occurred;
5        (5) the date and time of the violation;
6        (6) a copy of the recorded images;
7        (7) the amount of the civil penalty imposed and the
8    requirements of any traffic education program imposed and
9    the date by which the civil penalty should be paid and the
10    traffic education program should be completed;
11        (8) a statement that recorded images are evidence of a
12    violation of a red light signal;
13        (9) a warning that failure to pay the civil penalty, to
14    complete a required traffic education program, or to
15    contest liability in a timely manner is an admission of
16    liability and may result in a suspension of the driving
17    privileges of the registered owner of the vehicle;
18        (10) a statement that the person may elect to proceed
19    by:
20            (A) paying the fine, completing a required traffic
21        education program, or both; or
22            (B) challenging the charge in court, by mail, or by
23        administrative hearing; and
24        (11) a website address, accessible through the
25    Internet, where the person may view the recorded images of
26    the violation.

 

 

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1    (e) If a person charged with a traffic violation, as a
2result of an automated traffic law enforcement system, does not
3pay the fine or complete a required traffic education program,
4or both, or successfully contest the civil penalty resulting
5from that violation, the Secretary of State shall suspend the
6driving privileges of the registered owner of the vehicle under
7Section 6-306.5 of this Code for failing to complete a required
8traffic education program or to pay any fine or penalty due and
9owing, or both, as a result of a combination of 5 violations of
10the automated traffic law enforcement system or the automated
11speed enforcement system under Section 11-208.8 of this Code.
12    (f) Based on inspection of recorded images produced by an
13automated traffic law enforcement system, a notice alleging
14that the violation occurred shall be evidence of the facts
15contained in the notice and admissible in any proceeding
16alleging a violation under this Section.
17    (g) Recorded images made by an automatic traffic law
18enforcement system are confidential and shall be made available
19only to the alleged violator and governmental and law
20enforcement agencies for purposes of adjudicating a violation
21of this Section, for statistical purposes, or for other
22governmental purposes. Any recorded image evidencing a
23violation of this Section, however, may be admissible in any
24proceeding resulting from the issuance of the citation.
25    (h) The court or hearing officer may consider in defense of
26a violation:

 

 

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1        (1) that the motor vehicle or registration plates or
2    digital registration plates of the motor vehicle were
3    stolen before the violation occurred and not under the
4    control of or in the possession of the owner at the time of
5    the violation;
6        (2) that the driver of the vehicle passed through the
7    intersection when the light was red either (i) in order to
8    yield the right-of-way to an emergency vehicle or (ii) as
9    part of a funeral procession; and
10        (3) any other evidence or issues provided by municipal
11    or county ordinance.
12    (i) To demonstrate that the motor vehicle or the
13registration plates or digital registration plates were stolen
14before the violation occurred and were not under the control or
15possession of the owner at the time of the violation, the owner
16must submit proof that a report concerning the stolen motor
17vehicle or registration plates was filed with a law enforcement
18agency in a timely manner.
19    (j) Unless the driver of the motor vehicle received a
20Uniform Traffic Citation from a police officer at the time of
21the violation, the motor vehicle owner is subject to a civil
22penalty not exceeding $100 or the completion of a traffic
23education program, or both, plus an additional penalty of not
24more than $100 for failure to pay the original penalty or to
25complete a required traffic education program, or both, in a
26timely manner, if the motor vehicle is recorded by an automated

 

 

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1traffic law enforcement system. A violation for which a civil
2penalty is imposed under this Section is not a violation of a
3traffic regulation governing the movement of vehicles and may
4not be recorded on the driving record of the owner of the
5vehicle.
6    (j-3) A registered owner who is a holder of a valid
7commercial driver's license is not required to complete a
8traffic education program.
9    (j-5) For purposes of the required traffic education
10program only, a registered owner may submit an affidavit to the
11court or hearing officer swearing that at the time of the
12alleged violation, the vehicle was in the custody and control
13of another person. The affidavit must identify the person in
14custody and control of the vehicle, including the person's name
15and current address. The person in custody and control of the
16vehicle at the time of the violation is required to complete
17the required traffic education program. If the person in
18custody and control of the vehicle at the time of the violation
19completes the required traffic education program, the
20registered owner of the vehicle is not required to complete a
21traffic education program.
22    (k) An intersection equipped with an automated traffic law
23enforcement system must be posted with a sign visible to
24approaching traffic indicating that the intersection is being
25monitored by an automated traffic law enforcement system.
26    (k-3) A municipality or county that has one or more

 

 

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1intersections equipped with an automated traffic law
2enforcement system must provide notice to drivers by posting
3the locations of automated traffic law systems on the
4municipality or county website.
5    (k-5) An intersection equipped with an automated traffic
6law enforcement system must have a yellow change interval that
7conforms with the Illinois Manual on Uniform Traffic Control
8Devices (IMUTCD) published by the Illinois Department of
9Transportation.
10    (k-7) A municipality or county operating an automated
11traffic law enforcement system shall conduct a statistical
12analysis to assess the safety impact of each automated traffic
13law enforcement system at an intersection following
14installation of the system. The statistical analysis shall be
15based upon the best available crash, traffic, and other data,
16and shall cover a period of time before and after installation
17of the system sufficient to provide a statistically valid
18comparison of safety impact. The statistical analysis shall be
19consistent with professional judgment and acceptable industry
20practice. The statistical analysis also shall be consistent
21with the data required for valid comparisons of before and
22after conditions and shall be conducted within a reasonable
23period following the installation of the automated traffic law
24enforcement system. The statistical analysis required by this
25subsection (k-7) shall be made available to the public and
26shall be published on the website of the municipality or

 

 

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1county. If the statistical analysis for the 36 month period
2following installation of the system indicates that there has
3been an increase in the rate of accidents at the approach to
4the intersection monitored by the system, the municipality or
5county shall undertake additional studies to determine the
6cause and severity of the accidents, and may take any action
7that it determines is necessary or appropriate to reduce the
8number or severity of the accidents at that intersection.
9    (l) The compensation paid for an automated traffic law
10enforcement system must be based on the value of the equipment
11or the services provided and may not be based on the number of
12traffic citations issued or the revenue generated by the
13system.
14    (m) This Section applies only to the counties of Cook,
15DuPage, Kane, Lake, Madison, McHenry, St. Clair, and Will and
16to municipalities located within those counties.
17    (n) The fee for participating in a traffic education
18program under this Section shall not exceed $25.
19    A low-income individual required to complete a traffic
20education program under this Section who provides proof of
21eligibility for the federal earned income tax credit under
22Section 32 of the Internal Revenue Code or the Illinois earned
23income tax credit under Section 212 of the Illinois Income Tax
24Act shall not be required to pay any fee for participating in a
25required traffic education program.
26    (o) A municipality or county shall make a certified report

 

 

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1to the Secretary of State pursuant to Section 6-306.5 of this
2Code whenever a registered owner of a vehicle has failed to pay
3any fine or penalty due and owing as a result of a combination
4of 5 offenses for automated traffic law or speed enforcement
5system violations.
6    (p) No person who is the lessor of a motor vehicle pursuant
7to a written lease agreement shall be liable for an automated
8speed or traffic law enforcement system violation involving
9such motor vehicle during the period of the lease; provided
10that upon the request of the appropriate authority received
11within 120 days after the violation occurred, the lessor
12provides within 60 days after such receipt the name and address
13of the lessee. The drivers license number of a lessee may be
14subsequently individually requested by the appropriate
15authority if needed for enforcement of this Section.
16    Upon the provision of information by the lessor pursuant to
17this subsection, the county or municipality may issue the
18violation to the lessee of the vehicle in the same manner as it
19would issue a violation to a registered owner of a vehicle
20pursuant to this Section, and the lessee may be held liable for
21the violation.
22(Source: P.A. 97-29, eff. 1-1-12; 97-627, eff. 1-1-12; 97-672,
23eff. 7-1-12; 97-762, eff. 7-6-12; 98-463, eff. 8-16-13.)
 
24    (625 ILCS 5/11-208.8)
25    Sec. 11-208.8. Automated speed enforcement systems in

 

 

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1safety zones.
2    (a) As used in this Section:
3    "Automated speed enforcement system" means a photographic
4device, radar device, laser device, or other electrical or
5mechanical device or devices installed or utilized in a safety
6zone and designed to record the speed of a vehicle and obtain a
7clear photograph or other recorded image of the vehicle and the
8vehicle's registration plate or digital registration plate
9while the driver is violating Article VI of Chapter 11 of this
10Code or a similar provision of a local ordinance.
11    An automated speed enforcement system is a system, located
12in a safety zone which is under the jurisdiction of a
13municipality, that produces a recorded image of a motor
14vehicle's violation of a provision of this Code or a local
15ordinance and is designed to obtain a clear recorded image of
16the vehicle and the vehicle's license plate. The recorded image
17must also display the time, date, and location of the
18violation.
19    "Owner" means the person or entity to whom the vehicle is
20registered.
21    "Recorded image" means images recorded by an automated
22speed enforcement system on:
23        (1) 2 or more photographs;
24        (2) 2 or more microphotographs;
25        (3) 2 or more electronic images; or
26        (4) a video recording showing the motor vehicle and, on

 

 

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1    at least one image or portion of the recording, clearly
2    identifying the registration plate or digital registration
3    plate number of the motor vehicle.
4    "Safety zone" means an area that is within one-eighth of a
5mile from the nearest property line of any public or private
6elementary or secondary school, or from the nearest property
7line of any facility, area, or land owned by a school district
8that is used for educational purposes approved by the Illinois
9State Board of Education, not including school district
10headquarters or administrative buildings. A safety zone also
11includes an area that is within one-eighth of a mile from the
12nearest property line of any facility, area, or land owned by a
13park district used for recreational purposes. However, if any
14portion of a roadway is within either one-eighth mile radius,
15the safety zone also shall include the roadway extended to the
16furthest portion of the next furthest intersection. The term
17"safety zone" does not include any portion of the roadway known
18as Lake Shore Drive or any controlled access highway with 8 or
19more lanes of traffic.
20    (a-5) The automated speed enforcement system shall be
21operational and violations shall be recorded only at the
22following times:
23        (i) if the safety zone is based upon the property line
24    of any facility, area, or land owned by a school district,
25    only on school days and no earlier than 6 a.m. and no later
26    than 8:30 p.m. if the school day is during the period of

 

 

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1    Monday through Thursday, or 9 p.m. if the school day is a
2    Friday; and
3        (ii) if the safety zone is based upon the property line
4    of any facility, area, or land owned by a park district, no
5    earlier than one hour prior to the time that the facility,
6    area, or land is open to the public or other patrons, and
7    no later than one hour after the facility, area, or land is
8    closed to the public or other patrons.
9    (b) A municipality that produces a recorded image of a
10motor vehicle's violation of a provision of this Code or a
11local ordinance must make the recorded images of a violation
12accessible to the alleged violator by providing the alleged
13violator with a website address, accessible through the
14Internet.
15    (c) Notwithstanding any penalties for any other violations
16of this Code, the owner of a motor vehicle used in a traffic
17violation recorded by an automated speed enforcement system
18shall be subject to the following penalties:
19        (1) if the recorded speed is no less than 6 miles per
20    hour and no more than 10 miles per hour over the legal
21    speed limit, a civil penalty not exceeding $50, plus an
22    additional penalty of not more than $50 for failure to pay
23    the original penalty in a timely manner; or
24        (2) if the recorded speed is more than 10 miles per
25    hour over the legal speed limit, a civil penalty not
26    exceeding $100, plus an additional penalty of not more than

 

 

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1    $100 for failure to pay the original penalty in a timely
2    manner.
3    A penalty may not be imposed under this Section if the
4driver of the motor vehicle received a Uniform Traffic Citation
5from a police officer for a speeding violation occurring within
6one-eighth of a mile and 15 minutes of the violation that was
7recorded by the system. A violation for which a civil penalty
8is imposed under this Section is not a violation of a traffic
9regulation governing the movement of vehicles and may not be
10recorded on the driving record of the owner of the vehicle. A
11law enforcement officer is not required to be present or to
12witness the violation. No penalty may be imposed under this
13Section if the recorded speed of a vehicle is 5 miles per hour
14or less over the legal speed limit. The municipality may send,
15in the same manner that notices are sent under this Section, a
16speed violation warning notice where the violation involves a
17speed of 5 miles per hour or less above the legal speed limit.
18    (d) The net proceeds that a municipality receives from
19civil penalties imposed under an automated speed enforcement
20system, after deducting all non-personnel and personnel costs
21associated with the operation and maintenance of such system,
22shall be expended or obligated by the municipality for the
23following purposes:
24        (i) public safety initiatives to ensure safe passage
25    around schools, and to provide police protection and
26    surveillance around schools and parks, including but not

 

 

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1    limited to: (1) personnel costs; and (2) non-personnel
2    costs such as construction and maintenance of public safety
3    infrastructure and equipment;
4        (ii) initiatives to improve pedestrian and traffic
5    safety;
6        (iii) construction and maintenance of infrastructure
7    within the municipality, including but not limited to roads
8    and bridges; and
9        (iv) after school programs.
10    (e) For each violation of a provision of this Code or a
11local ordinance recorded by an automated speed enforcement
12system, the municipality having jurisdiction shall issue a
13written notice of the violation to the registered owner of the
14vehicle as the alleged violator. The notice shall be delivered
15to the registered owner of the vehicle, by mail, within 30 days
16after the Secretary of State notifies the municipality of the
17identity of the owner of the vehicle, but in no event later
18than 90 days after the violation.
19    (f) The notice required under subsection (e) of this
20Section 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 date, time, and location where the violation

 

 

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1    occurred;
2        (5) a copy of the recorded image or images;
3        (6) the amount of the civil penalty imposed and the
4    date by which the civil penalty should be paid;
5        (7) a statement that recorded images are evidence of a
6    violation of a speed restriction;
7        (8) a warning that failure to pay the civil penalty or
8    to contest liability in a timely manner is an admission of
9    liability and may result in a suspension of the driving
10    privileges of the registered owner of the vehicle;
11        (9) a statement that the person may elect to proceed
12    by:
13            (A) paying the fine; or
14            (B) challenging the charge in court, by mail, or by
15        administrative hearing; and
16        (10) a website address, accessible through the
17    Internet, where the person may view the recorded images of
18    the violation.
19    (g) If a person charged with a traffic violation, as a
20result of an automated speed enforcement system, does not pay
21the fine or successfully contest the civil penalty resulting
22from that violation, the Secretary of State shall suspend the
23driving privileges of the registered owner of the vehicle under
24Section 6-306.5 of this Code for failing to pay any fine or
25penalty due and owing, or both, as a result of a combination of
265 violations of the automated speed enforcement system or the

 

 

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1automated traffic law under Section 11-208.6 of this Code.
2    (h) Based on inspection of recorded images produced by an
3automated speed enforcement system, a notice alleging that the
4violation occurred shall be evidence of the facts contained in
5the notice and admissible in any proceeding alleging a
6violation under this Section.
7    (i) Recorded images made by an automated speed enforcement
8system are confidential and shall be made available only to the
9alleged violator and governmental and law enforcement agencies
10for purposes of adjudicating a violation of this Section, for
11statistical purposes, or for other governmental purposes. Any
12recorded image evidencing a violation of this Section, however,
13may be admissible in any proceeding resulting from the issuance
14of the citation.
15    (j) The court or hearing officer may consider in defense of
16a 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 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 for a
24    speeding violation occurring within one-eighth of a mile
25    and 15 minutes of the violation that was recorded by the
26    system; and

 

 

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1        (3) any other evidence or issues provided by municipal
2    ordinance.
3    (k) To demonstrate that the motor vehicle or the
4registration plates or digital registration plates were stolen
5before the violation occurred and were not under the control or
6possession of the owner at the time of the violation, the owner
7must submit proof that a report concerning the stolen motor
8vehicle or registration plates was filed with a law enforcement
9agency in a timely manner.
10    (l) A roadway equipped with an automated speed enforcement
11system shall be posted with a sign conforming to the national
12Manual on Uniform Traffic Control Devices that is visible to
13approaching traffic stating that vehicle speeds are being
14photo-enforced and indicating the speed limit. The
15municipality shall install such additional signage as it
16determines is necessary to give reasonable notice to drivers as
17to where automated speed enforcement systems are installed.
18    (m) A roadway where a new automated speed enforcement
19system is installed shall be posted with signs providing 30
20days notice of the use of a new automated speed enforcement
21system prior to the issuance of any citations through the
22automated speed enforcement system.
23    (n) The compensation paid for an automated speed
24enforcement system must be based on the value of the equipment
25or the services provided and may not be based on the number of
26traffic citations issued or the revenue generated by the

 

 

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1system.
2    (o) A municipality shall make a certified report to the
3Secretary of State pursuant to Section 6-306.5 of this Code
4whenever a registered owner of a vehicle has failed to pay any
5fine or penalty due and owing as a result of a combination of 5
6offenses for automated speed or traffic law enforcement system
7violations.
8    (p) No person who is the lessor of a motor vehicle pursuant
9to a written lease agreement shall be liable for an automated
10speed or traffic law enforcement system violation involving
11such motor vehicle during the period of the lease; provided
12that upon the request of the appropriate authority received
13within 120 days after the violation occurred, the lessor
14provides within 60 days after such receipt the name and address
15of the lessee. The drivers license number of a lessee may be
16subsequently individually requested by the appropriate
17authority if needed for enforcement of this Section.
18    Upon the provision of information by the lessor pursuant to
19this subsection, the municipality may issue the violation to
20the lessee of the vehicle in the same manner as it would issue
21a violation to a registered owner of a vehicle pursuant to this
22Section, and the lessee may be held liable for the violation.
23    (q) A municipality using an automated speed enforcement
24system must provide notice to drivers by publishing the
25locations of all safety zones where system equipment is
26installed on the website of the municipality.

 

 

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1    (r) A municipality operating an automated speed
2enforcement system shall conduct a statistical analysis to
3assess the safety impact of the system. The statistical
4analysis shall be based upon the best available crash, traffic,
5and other data, and shall cover a period of time before and
6after installation of the system sufficient to provide a
7statistically valid comparison of safety impact. The
8statistical analysis shall be consistent with professional
9judgment and acceptable industry practice. The statistical
10analysis also shall be consistent with the data required for
11valid comparisons of before and after conditions and shall be
12conducted within a reasonable period following the
13installation of the automated traffic law enforcement system.
14The statistical analysis required by this subsection shall be
15made available to the public and shall be published on the
16website of the municipality.
17    (s) This Section applies only to municipalities with a
18population of 1,000,000 or more inhabitants.
19(Source: P.A. 97-672, eff. 7-1-12; 97-674, eff. 7-1-12; 98-463,
20eff. 8-16-13.)
 
21    (625 ILCS 5/11-208.9)
22    Sec. 11-208.9. Automated traffic law enforcement system;
23approaching, overtaking, and passing a school bus.
24    (a) As used in this Section, "automated traffic law
25enforcement system" means a device with one or more motor

 

 

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1vehicle sensors working in conjunction with the visual signals
2on a school bus, as specified in Sections 12-803 and 12-805 of
3this Code, to produce recorded images of motor vehicles that
4fail to stop before meeting or overtaking, from either
5direction, any school bus stopped at any location for the
6purpose of receiving or discharging pupils in violation of
7Section 11-1414 of this Code or a similar provision of a local
8ordinance.
9    An automated traffic law enforcement system is a system, in
10a municipality or county operated by a governmental agency,
11that produces a recorded image of a motor vehicle's violation
12of a provision of this Code or a local ordinance and is
13designed to obtain a clear recorded image of the vehicle and
14the vehicle's license plate. The recorded image must also
15display the time, date, and location of the violation.
16    (b) As used in this Section, "recorded images" means images
17recorded by an automated traffic law enforcement 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    (c) A municipality or county that produces a recorded image
26of a motor vehicle's violation of a provision of this Code or a

 

 

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1local ordinance must make the recorded images of a violation
2accessible to the alleged violator by providing the alleged
3violator with a website address, accessible through the
4Internet.
5    (d) For each violation of a provision of this Code or a
6local ordinance recorded by an automated traffic law
7enforcement system, the county or municipality having
8jurisdiction shall issue a written notice of the violation to
9the registered owner of the vehicle as the alleged violator.
10The notice shall be delivered to the registered owner of the
11vehicle, by mail, within 30 days after the Secretary of State
12notifies the municipality or county of the identity of the
13owner of the vehicle, but in no event later than 90 days after
14the violation.
15    (e) The notice required under subsection (d) shall include:
16        (1) the name and address of the registered owner of the
17    vehicle;
18        (2) the registration number of the motor vehicle
19    involved in the violation;
20        (3) the violation charged;
21        (4) the location where the violation occurred;
22        (5) the date and time of the violation;
23        (6) a copy of the recorded images;
24        (7) the amount of the civil penalty imposed and the
25    date by which the civil penalty should be paid;
26        (8) a statement that recorded images are evidence of a

 

 

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1    violation of overtaking or passing a school bus stopped for
2    the purpose of receiving or discharging pupils;
3        (9) 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        (10) 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        (11) a website address, accessible through the
13    Internet, where the person may view the recorded images of
14    the violation.
15    (f) If a person charged with a traffic violation, as a
16result of an automated traffic law enforcement system under
17this Section, does not pay the fine or successfully contest the
18civil penalty resulting from that violation, the Secretary of
19State shall suspend the driving privileges of the registered
20owner of the vehicle under Section 6-306.5 of this Code for
21failing to pay any fine or penalty due and owing as a result of
22a combination of 5 violations of the automated traffic law
23enforcement system or the automated speed enforcement system
24under Section 11-208.8 of this Code.
25    (g) Based on inspection of recorded images produced by an
26automated traffic law enforcement system, a notice alleging

 

 

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1that the violation occurred shall be evidence of the facts
2contained in the notice and admissible in any proceeding
3alleging a violation under this Section.
4    (h) Recorded images made by an automated traffic law
5enforcement system are confidential and shall be made available
6only to the alleged violator and governmental and law
7enforcement agencies for purposes of adjudicating a violation
8of this Section, for statistical purposes, or for other
9governmental purposes. Any recorded image evidencing a
10violation of this Section, however, may be admissible in any
11proceeding resulting from the issuance of the citation.
12    (i) The court or hearing officer may consider in defense of
13a violation:
14        (1) that the motor vehicle or registration plates or
15    digital registration plates of the motor vehicle were
16    stolen before the violation occurred and not under the
17    control of or in the possession of the owner at the time of
18    the violation;
19        (2) that the driver of the motor vehicle received a
20    Uniform Traffic Citation from a police officer for a
21    violation of Section 11-1414 of this Code within one-eighth
22    of a mile and 15 minutes of the violation that was recorded
23    by the system;
24        (3) that the visual signals required by Sections 12-803
25    and 12-805 of this Code were damaged, not activated, not
26    present in violation of Sections 12-803 and 12-805, or

 

 

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1    inoperable; and
2        (4) any other evidence or issues provided by municipal
3    or county ordinance.
4    (j) To demonstrate that the motor vehicle or the
5registration plates or digital registration plates were stolen
6before the violation occurred and were not under the control or
7possession of the owner at the time of the violation, the owner
8must submit proof that a report concerning the stolen motor
9vehicle or registration plates was filed with a law enforcement
10agency in a timely manner.
11    (k) Unless the driver of the motor vehicle received a
12Uniform Traffic Citation from a police officer at the time of
13the violation, the motor vehicle owner is subject to a civil
14penalty not exceeding $150 for a first time violation or $500
15for a second or subsequent violation, plus an additional
16penalty of not more than $100 for failure to pay the original
17penalty in a timely manner, if the motor vehicle is recorded by
18an automated traffic law enforcement system. A violation for
19which a civil penalty is imposed under this Section is not a
20violation of a traffic regulation governing the movement of
21vehicles and may not be recorded on the driving record of the
22owner of the vehicle, but may be recorded by the municipality
23or county for the purpose of determining if a person is subject
24to the higher fine for a second or subsequent offense.
25    (l) A school bus equipped with an automated traffic law
26enforcement system must be posted with a sign indicating that

 

 

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1the school bus is being monitored by an automated traffic law
2enforcement system.
3    (m) A municipality or county that has one or more school
4buses equipped with an automated traffic law enforcement system
5must provide notice to drivers by posting a list of school
6districts using school buses equipped with an automated traffic
7law enforcement system on the municipality or county website.
8School districts that have one or more school buses equipped
9with an automated traffic law enforcement system must provide
10notice to drivers by posting that information on their
11websites.
12    (n) A municipality or county operating an automated traffic
13law enforcement system shall conduct a statistical analysis to
14assess the safety impact in each school district using school
15buses equipped with an automated traffic law enforcement system
16following installation of the system. The statistical analysis
17shall be based upon the best available crash, traffic, and
18other data, and shall cover a period of time before and after
19installation of the system sufficient to provide a
20statistically valid comparison of safety impact. The
21statistical analysis shall be consistent with professional
22judgment and acceptable industry practice. The statistical
23analysis also shall be consistent with the data required for
24valid comparisons of before and after conditions and shall be
25conducted within a reasonable period following the
26installation of the automated traffic law enforcement system.

 

 

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1The statistical analysis required by this subsection shall be
2made available to the public and shall be published on the
3website of the municipality or county. If the statistical
4analysis for the 36-month period following installation of the
5system indicates that there has been an increase in the rate of
6accidents at the approach to school buses monitored by the
7system, the municipality or county shall undertake additional
8studies to determine the cause and severity of the accidents,
9and may take any action that it determines is necessary or
10appropriate to reduce the number or severity of the accidents
11involving school buses equipped with an automated traffic law
12enforcement system.
13    (o) The compensation paid for an automated traffic law
14enforcement system must be based on the value of the equipment
15or the services provided and may not be based on the number of
16traffic citations issued or the revenue generated by the
17system.
18    (p) No person who is the lessor of a motor vehicle pursuant
19to a written lease agreement shall be liable for an automated
20speed or traffic law enforcement system violation involving
21such motor vehicle during the period of the lease; provided
22that upon the request of the appropriate authority received
23within 120 days after the violation occurred, the lessor
24provides within 60 days after such receipt the name and address
25of the lessee. The drivers license number of a lessee may be
26subsequently individually requested by the appropriate

 

 

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1authority if needed for enforcement of this Section.
2    Upon the provision of information by the lessor pursuant to
3this subsection, the county or municipality may issue the
4violation to the lessee of the vehicle in the same manner as it
5would issue a violation to a registered owner of a vehicle
6pursuant to this Section, and the lessee may be held liable for
7the violation.
8    (q) A municipality or county shall make a certified report
9to the Secretary of State pursuant to Section 6-306.5 of this
10Code whenever a registered owner of a vehicle has failed to pay
11any fine or penalty due and owing as a result of a combination
12of 5 offenses for automated traffic law or speed enforcement
13system violations.
14    (r) After a municipality or county enacts an ordinance
15providing for automated traffic law enforcement systems under
16this Section, each school district within that municipality or
17county's jurisdiction may implement an automated traffic law
18enforcement system under this Section. The elected school board
19for that district must approve the implementation of an
20automated traffic law enforcement system. The school district
21shall be responsible for entering into a contract, approved by
22the elected school board of that district, with vendors for the
23installation, maintenance, and operation of the automated
24traffic law enforcement system. The school district must enter
25into an intergovernmental agreement, approved by the elected
26school board of that district, with the municipality or county

 

 

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1with jurisdiction over that school district for the
2administration of the automated traffic law enforcement
3system. The proceeds from a school district's automated traffic
4law enforcement system's fines shall be divided equally between
5the school district and the municipality or county
6administering the automated traffic law enforcement system.
7(Source: P.A. 98-556, eff. 1-1-14.)
 
8    (625 ILCS 5/11-1201.1)
9    Sec. 11-1201.1. Automated Railroad Crossing Enforcement
10System.
11    (a) For the purposes of this Section, an automated railroad
12grade crossing enforcement system is a system in a municipality
13or county operated by a governmental agency that produces a
14recorded image of a motor vehicle's violation of a provision of
15this Code or local ordinance and is designed to obtain a clear
16recorded image of the vehicle and vehicle's license plate. The
17recorded image must also display the time, date, and location
18of the violation.
19    As used in this Section, "recorded images" means images
20recorded by an automated railroad grade crossing enforcement
21system on:
22        (1) 2 or more photographs;
23        (2) 2 or more microphotographs;
24        (3) 2 or more electronic images; or
25        (4) a video recording showing the motor vehicle and, on

 

 

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1    at least one image or portion of the recording, clearly
2    identifying the registration plate or digital registration
3    plate number of the motor vehicle.
4    (b) The Illinois Commerce Commission may, in cooperation
5with a local law enforcement agency, establish in any county or
6municipality an automated railroad grade crossing enforcement
7system at any railroad grade crossing equipped with a crossing
8gate designated by local authorities. Local authorities
9desiring the establishment of an automated railroad crossing
10enforcement system must initiate the process by enacting a
11local ordinance requesting the creation of such a system. After
12the ordinance has been enacted, and before any additional steps
13toward the establishment of the system are undertaken, the
14local authorities and the Commission must agree to a plan for
15obtaining, from any combination of federal, State, and local
16funding sources, the moneys required for the purchase and
17installation of any necessary equipment.
18    (b-1) (Blank.)
19    (c) For each violation of Section 11-1201 of this Code or a
20local ordinance recorded by an automated railroad grade
21crossing enforcement system, the county or municipality having
22jurisdiction shall issue a written notice of the violation to
23the registered owner of the vehicle as the alleged violator.
24The notice shall be delivered to the registered owner of the
25vehicle, by mail, no later than 90 days after the violation.
26    The notice shall include:

 

 

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1        (1) the name and address of the registered owner of the
2    vehicle;
3        (2) the registration number of the motor vehicle
4    involved in the violation;
5        (3) the violation charged;
6        (4) the location where the violation occurred;
7        (5) the date and time of the violation;
8        (6) a copy of the recorded images;
9        (7) the amount of the civil penalty imposed and the
10    date by which the civil penalty should be paid;
11        (8) a statement that recorded images are evidence of a
12    violation of a railroad grade crossing;
13        (9) a warning that failure to pay the civil penalty or
14    to contest liability in a timely manner is an admission of
15    liability and may result in a suspension of the driving
16    privileges of the registered owner of the vehicle; and
17        (10) a statement that the person may elect to proceed
18    by:
19            (A) paying the fine; or
20            (B) challenging the charge in court, by mail, or by
21        administrative hearing.
22    (d) If a person charged with a traffic violation, as a
23result of an automated railroad grade crossing enforcement
24system, does not pay or successfully contest the civil penalty
25resulting from that violation, the Secretary of State shall
26suspend the driving privileges of the registered owner of the

 

 

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1vehicle under Section 6-306.5 of this Code for failing to pay
2any fine or penalty due and owing as a result of 5 violations
3of the automated railroad grade crossing enforcement system.
4    (d-1) (Blank.)
5    (d-2) (Blank.)
6    (e) Based on inspection of recorded images produced by an
7automated railroad grade crossing enforcement system, a notice
8alleging that the violation occurred shall be evidence of the
9facts contained in the notice and admissible in any proceeding
10alleging a violation under this Section.
11    (e-1) Recorded images made by an automated railroad grade
12crossing enforcement system are confidential and shall be made
13available only to the alleged violator and governmental and law
14enforcement agencies for purposes of adjudicating a violation
15of this Section, for statistical purposes, or for other
16governmental purposes. Any recorded image evidencing a
17violation of this Section, however, may be admissible in any
18proceeding resulting from the issuance of the citation.
19    (e-2) The court or hearing officer may consider the
20following in the defense of a violation:
21        (1) that the motor vehicle or registration plates or
22    digital registration plates of the motor vehicle were
23    stolen before the violation occurred and not under the
24    control of or in the possession of the owner at the time of
25    the violation;
26        (2) that the driver of the motor vehicle received a

 

 

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1    Uniform Traffic Citation from a police officer at the time
2    of the violation for the same offense;
3        (3) any other evidence or issues provided by municipal
4    or county ordinance.
5    (e-3) To demonstrate that the motor vehicle or the
6registration plates or digital registration plates were stolen
7before the violation occurred and were not under the control or
8possession of the owner at the time of the violation, the owner
9must submit proof that a report concerning the stolen motor
10vehicle or registration plates was filed with a law enforcement
11agency in a timely manner.
12    (f) Rail crossings equipped with an automatic railroad
13grade crossing enforcement system shall be posted with a sign
14visible to approaching traffic stating that the railroad grade
15crossing is being monitored, that citations will be issued, and
16the amount of the fine for violation.
17    (g) The compensation paid for an automated railroad grade
18crossing enforcement system must be based on the value of the
19equipment or the services provided and may not be based on the
20number of citations issued or the revenue generated by the
21system.
22    (h) (Blank.)
23    (i) If any part or parts of this Section are held by a
24court of competent jurisdiction to be unconstitutional, the
25unconstitutionality shall not affect the validity of the
26remaining parts of this Section. The General Assembly hereby

 

 

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1declares that it would have passed the remaining parts of this
2Section if it had known that the other part or parts of this
3Section would be declared unconstitutional.
4    (j) Penalty. A civil fine of $250 shall be imposed for a
5first violation of this Section, and a civil fine of $500 shall
6be imposed for a second or subsequent violation of this
7Section.
8(Source: P.A. 96-478, eff. 1-1-10.)
 
9    (625 ILCS 5/11-1301.1)  (from Ch. 95 1/2, par. 11-1301.1)
10    Sec. 11-1301.1. Persons with disabilities - Parking
11privileges - Exemptions.
12    (a) A motor vehicle bearing registration plates or digital
13registration plates issued to a person with disabilities, as
14defined by Section 1-159.1, pursuant to Section 3-616 or to a
15veteran with a disability pursuant to subsection (a) of Section
163-609 or a special decal or device issued pursuant to Section
173-616 or pursuant to Section 11-1301.2 of this Code or a motor
18vehicle registered in another jurisdiction, state, district,
19territory or foreign country upon which is displayed a
20registration plate or digital registration plate, special
21decal or device issued by the other jurisdiction designating
22the vehicle is operated by or for a person with disabilities
23shall be exempt from the payment of parking meter fees until
24January 1, 2014, and exempt from any statute or ordinance
25imposing time limitations on parking, except limitations of

 

 

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1one-half hour or less, on any street or highway zone, a parking
2area subject to regulation under subsection (a) of Section
311-209 of this Code, or any parking lot or parking place which
4are owned, leased or owned and leased by a municipality or a
5municipal parking utility; and shall be recognized by state and
6local authorities as a valid license plate or parking device
7and shall receive the same parking privileges as residents of
8this State; but, such vehicle shall be subject to the laws
9which prohibit parking in "no stopping" and "no standing" zones
10in front of or near fire hydrants, driveways, public building
11entrances and exits, bus stops and loading areas, and is
12prohibited from parking where the motor vehicle constitutes a
13traffic hazard, whereby such motor vehicle shall be moved at
14the instruction and request of a law enforcement officer to a
15location designated by the officer.
16    (b) Any motor vehicle bearing registration plates or
17digital registration plates or a special decal or device
18specified in this Section or in Section 3-616 of this Code or
19such parking device as specifically authorized in Section
2011-1301.2 as evidence that the vehicle is operated by or for a
21person with disabilities or bearing registration plates or
22digital registration plates issued to a veteran with a
23disability under subsection (a) of Section 3-609 may park, in
24addition to any other lawful place, in any parking place
25specifically reserved for such vehicles by the posting of an
26official sign as provided under Section 11-301. Parking

 

 

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1privileges granted by this Section are strictly limited to the
2person to whom the special registration plates or digital
3registration plates, special decal or device were issued and to
4qualified operators acting under his or her express direction
5while the person with disabilities is present. A person to whom
6privileges were granted shall, at the request of a police
7officer or any other person invested by law with authority to
8direct, control, or regulate traffic, present an
9identification card with a picture as verification that the
10person is the person to whom the special registration plates or
11digital registration plates, special decal or device was
12issued.
13    (c) Such parking privileges granted by this Section are
14also extended to motor vehicles of not-for-profit
15organizations used for the transportation of persons with
16disabilities when such motor vehicles display the decal or
17device issued pursuant to Section 11-1301.2 of this Code.
18    (d) No person shall use any area for the parking of any
19motor vehicle pursuant to Section 11-1303 of this Code or where
20an official sign controlling such area expressly prohibits
21parking at any time or during certain hours.
22    (e) Beginning January 1, 2014, a vehicle displaying a decal
23or device issued under subsection (c-5) of Section 11-1301.2 of
24this Code shall be exempt from the payment of fees generated by
25parking in a metered space or in a publicly owned parking area.
26(Source: P.A. 98-463, eff. 8-16-13; 98-577, eff. 1-1-14;

 

 

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199-143, eff. 7-27-15.)
 
2    (625 ILCS 5/11-1301.2)  (from Ch. 95 1/2, par. 11-1301.2)
3    Sec. 11-1301.2. Special decals for parking; persons with
4disabilities.
5    (a) The Secretary of State shall provide for, by
6administrative rules, the design, size, color, and placement of
7a person with disabilities motorist decal or device and shall
8provide for, by administrative rules, the content and form of
9an application for a person with disabilities motorist decal or
10device, which shall be used by local authorities in the
11issuance thereof to a person with temporary disabilities,
12provided that the decal or device is valid for no more than 90
13days, subject to renewal for like periods based upon continued
14disability, and further provided that the decal or device
15clearly sets forth the date that the decal or device expires.
16The application shall include the requirement of an Illinois
17Identification Card number or a State of Illinois driver's
18license number or, if the applicant does not have an
19identification card or driver's license number, then the
20applicant may use a valid identification number issued by a
21branch of the U.S. military or a federally issued Medicare or
22Medicaid identification number. This decal or device may be
23used by the authorized holder to designate and identify a
24vehicle not owned or displaying a registration plate or digital
25registration plate as provided in Sections 3-609 and 3-616 of

 

 

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1this Act to designate when the vehicle is being used to
2transport said person or persons with disabilities, and thus is
3entitled to enjoy all the privileges that would be afforded a
4person with disabilities licensed vehicle. Person with
5disabilities decals or devices issued and displayed pursuant to
6this Section shall be recognized and honored by all local
7authorities regardless of which local authority issued such
8decal or device.
9    The decal or device shall be issued only upon a showing by
10adequate documentation that the person for whose benefit the
11decal or device is to be used has a disability as defined in
12Section 1-159.1 of this Code and the disability is temporary.
13    (b) The local governing authorities shall be responsible
14for the provision of such decal or device, its issuance and
15designated placement within the vehicle. The cost of such decal
16or device shall be at the discretion of such local governing
17authority.
18    (c) The Secretary of State may, pursuant to Section
193-616(c), issue a person with disabilities parking decal or
20device to a person with disabilities as defined by Section
211-159.1. Any person with disabilities parking decal or device
22issued by the Secretary of State shall be registered to that
23person with disabilities in the form to be prescribed by the
24Secretary of State. The person with disabilities parking decal
25or device shall not display that person's address. One
26additional decal or device may be issued to an applicant upon

 

 

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1his or her written request and with the approval of the
2Secretary of State. The written request must include a
3justification of the need for the additional decal or device.
4    (c-5) Beginning January 1, 2014, the Secretary shall
5provide by administrative rule for the issuance of a separate
6and distinct parking decal or device for persons with
7disabilities as defined by Section 1-159.1 of this Code and who
8meet the qualifications under this subsection. The authorized
9holder of a decal or device issued under this subsection (c-5)
10shall be exempt from the payment of fees generated by parking
11in a metered space, a parking area subject to paragraph (10) of
12subsection (a) of Section 11-209 of this Code, or a publicly
13owned parking area.
14    The Secretary shall issue a meter-exempt decal or device to
15a person with disabilities who: (i) has been issued
16registration plates or digital registration plates under
17subsection (a) of Section 3-609 or Section 3-616 of this Code
18or a special decal or device under this Section, (ii) holds a
19valid Illinois driver's license, and (iii) is unable to do one
20or more of the following:
21        (1) manage, manipulate, or insert coins, or obtain
22    tickets or tokens in parking meters or ticket machines in
23    parking lots, due to the lack of fine motor control of both
24    hands;
25        (2) reach above his or her head to a height of 42
26    inches from the ground, due to a lack of finger, hand, or

 

 

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1    upper extremity strength or mobility;
2        (3) approach a parking meter due to his or her use of a
3    wheelchair or other device for mobility; or
4        (4) walk more than 20 feet due to an orthopedic,
5    neurological, cardiovascular, or lung condition in which
6    the degree of debilitation is so severe that it almost
7    completely impedes the ability to walk.
8    The application for a meter-exempt parking decal or device
9shall contain a statement certified by a licensed physician,
10physician assistant, or advanced practice registered nurse
11attesting to the permanent nature of the applicant's condition
12and verifying that the applicant meets the physical
13qualifications specified in this subsection (c-5).
14    Notwithstanding the requirements of this subsection (c-5),
15the Secretary shall issue a meter-exempt decal or device to a
16person who has been issued registration plates or digital
17registration plates under Section 3-616 of this Code or a
18special decal or device under this Section, if the applicant is
19the parent or guardian of a person with disabilities who is
20under 18 years of age and incapable of driving.
21    (d) Replacement decals or devices may be issued for lost,
22stolen, or destroyed decals upon application and payment of a
23$10 fee. The replacement fee may be waived for individuals that
24have claimed and received a grant under the Senior Citizens and
25Persons with Disabilities Property Tax Relief Act.
26    (e) A person classified as a veteran under subsection (e)

 

 

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1of Section 6-106 of this Code that has been issued a decal or
2device under this Section shall not be required to submit
3evidence of disability in order to renew that decal or device
4if, at the time of initial application, he or she submitted
5evidence from his or her physician or the Department of
6Veterans' Affairs that the disability is of a permanent nature.
7However, the Secretary shall take reasonable steps to ensure
8the veteran still resides in this State at the time of the
9renewal. These steps may include requiring the veteran to
10provide additional documentation or to appear at a Secretary of
11State facility. To identify veterans who are eligible for this
12exemption, the Secretary shall compare the list of the persons
13who have been issued a decal or device to the list of persons
14who have been issued a vehicle registration plate or digital
15registration plate for veterans with disabilities under
16Section 3-609 of this Code, or who are identified as a veteran
17on their driver's license under Section 6-110 of this Code or
18on their identification card under Section 4 of the Illinois
19Identification Card Act.
20(Source: P.A. 99-143, eff. 7-27-15; 100-513, eff. 1-1-18;
21100-702, eff. 1-1-19.)
 
22    (625 ILCS 5/11-1303)  (from Ch. 95 1/2, par. 11-1303)
23    Sec. 11-1303. Stopping, standing or parking prohibited in
24specified places.
25    (a) Except when necessary to avoid conflict with other

 

 

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1traffic, or in compliance with law or the directions of a
2police officer or official traffic-control device, no person
3shall:
4        1. Stop, stand or park a vehicle:
5            a. On the roadway side of any vehicle stopped or
6        parked at the edge or curb of a street;
7            b. On a sidewalk;
8            c. Within an intersection;
9            d. On a crosswalk;
10            e. Between a safety zone and the adjacent curb or
11        within 30 feet of points on the curb immediately
12        opposite the ends of a safety zone, unless a different
13        length is indicated by signs or markings;
14            f. Alongside or opposite any street excavation or
15        obstruction when stopping, standing or parking would
16        obstruct traffic;
17            g. Upon any bridge or other elevated structure upon
18        a highway or within a highway tunnel;
19            h. On any railroad tracks. A violation of any part
20        of this subparagraph h. shall result in a mandatory
21        fine of $500 or 50 hours of community service.
22            i. At any place where official signs prohibit
23        stopping;
24            j. On any controlled-access highway;
25            k. In the area between roadways of a divided
26        highway, including crossovers;

 

 

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1            l. In a public parking area if the vehicle does not
2        display a current annual registration sticker or
3        digital registration sticker or current temporary
4        permit pending registration.
5        2. Stand or park a vehicle, whether occupied or not,
6    except momentarily to pick up or discharge passengers:
7            a. In front of a public or private driveway;
8            b. Within 15 feet of a fire hydrant;
9            c. Within 20 feet of a crosswalk at an
10        intersection;
11            d. Within 30 feet upon the approach to any flashing
12        signal, stop sign, yield sign, or traffic control
13        signal located at the side of a roadway;
14            e. Within 20 feet of the driveway entrance to any
15        fire station and on the side of a street opposite the
16        entrance to any fire station within 75 feet of such
17        entrance (when properly sign-posted);
18            f. At any place where official signs prohibit
19        standing.
20        3. Park a vehicle, whether occupied or not, except
21    temporarily for the purpose of and while actually engaged
22    in loading or unloading property or passengers:
23            a. Within 50 feet of the nearest rail of a railroad
24        crossing;
25            b. At any place where official signs prohibit
26        parking.

 

 

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1    (b) No person shall move a vehicle not lawfully under his
2control into any such prohibited area or away from a curb such
3distance as is unlawful.
4(Source: P.A. 89-245, eff. 1-1-96; 89-658, eff. 1-1-97.)
 
5    (625 ILCS 5/11-1304.5)
6    Sec. 11-1304.5. Parking of vehicle with expired
7registration. No person may stop, park, or leave standing upon
8a public street, highway, or roadway a vehicle upon which is
9displayed an Illinois registration plate or plates or digital
10registration plate or plates or registration sticker or digital
11registration sticker after the termination of the registration
12period, except as provided for in subsection (b) of Section
133-701 of this Code, for which the registration plate or plates
14or digital registration plate or plates or registration sticker
15or digital registration sticker was issued or after the
16expiration date set under Section 3-414 or 3-414.1 of this
17Code.
18(Source: P.A. 99-166, eff. 7-28-15.)
 
19    (625 ILCS 5/11-1305)  (from Ch. 95 1/2, par. 11-1305)
20    Sec. 11-1305. Lessors of visitor vehicles - Duty upon
21receiving notice of violation of this Article or local parking
22regulation. Every person in whose name a vehicle is registered
23pursuant to law and who leases such vehicle to others, after
24receiving written notice of a violation of this Article or a

 

 

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1parking regulation of a local authority involving such vehicle,
2shall upon request provide such police officers as have
3authority of the offense, and the court having jurisdiction
4thereof, with a written statement of the name and address of
5the lessee at the time of such offense and the identifying
6number upon the registration plates or digital registration
7plates and registration sticker or stickers or digital
8registration sticker or stickers of such vehicle.
9(Source: P.A. 80-230; 80-911; 80-1185.)
 
10    (625 ILCS 5/12-610)  (from Ch. 95 1/2, par. 12-610)
11    Sec. 12-610. Headset receivers.
12    (a) Except as provided under Section 11-1403.3, no driver
13of a motor vehicle on the highways of this State shall wear
14headset receivers while driving.
15    (b) This Section does not prohibit the use of a headset
16type receiving equipment used exclusively for safety or traffic
17engineering studies, by law enforcement personnel on duty, or
18emergency medical services and fire service personnel.
19    (c) This Section does not prohibit the use of any single
20sided headset type receiving and transmitting equipment
21designed to be used in or on one ear which is used exclusively
22for providing two-way radio vocal communications by an
23individual in possession of a current and valid novice class or
24higher amateur radio license issued by the Federal
25Communications Commission and an amateur radio operator

 

 

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1special registration plate or digital registration plate
2issued under Section 3-607 of this Code.
3    (d) This Section does not prohibit the use of a
4single-sided headset or earpiece with a cellular or other
5mobile telephone.
6(Source: P.A. 92-152, eff. 7-25-01.)
 
7    (625 ILCS 5/13-101)  (from Ch. 95 1/2, par. 13-101)
8    Sec. 13-101. Submission to safety test; certificate of
9safety. To promote the safety of the general public, every
10owner of a second division vehicle, medical transport vehicle,
11tow truck, first division vehicle including a taxi which is
12used for a purpose that requires a school bus driver permit,
13motor vehicle used for driver education training, or contract
14carrier transporting employees in the course of their
15employment on a highway of this State in a vehicle designed to
16carry 15 or fewer passengers shall, before operating the
17vehicle upon the highways of Illinois, submit it to a "safety
18test" and secure a certificate of safety furnished by the
19Department as set forth in Section 13-109. Each second division
20motor vehicle that pulls or draws a trailer, semitrailer or
21pole trailer, with a gross weight of 10,001 lbs or more or is
22registered for a gross weight of 10,001 lbs or more, motor bus,
23religious organization bus, school bus, senior citizen
24transportation vehicle, and limousine shall be subject to
25inspection by the Department and the Department is authorized

 

 

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1to establish rules and regulations for the implementation of
2such inspections.
3    The owners of each salvage vehicle shall submit it to a
4"safety test" and secure a certificate of safety furnished by
5the Department prior to its salvage vehicle inspection pursuant
6to Section 3-308 of this Code. In implementing and enforcing
7the provisions of this Section, the Department and other
8authorized State agencies shall do so in a manner that is not
9inconsistent with any applicable federal law or regulation so
10that no federal funding or support is jeopardized by the
11enactment or application of these provisions.
12    However, none of the provisions of Chapter 13 requiring
13safety tests or a certificate of safety shall apply to:
14        (a) farm tractors, machinery and implements, wagons,
15    wagon-trailers or like farm vehicles used primarily in
16    agricultural pursuits;
17        (b) vehicles other than school buses, tow trucks and
18    medical transport vehicles owned or operated by a municipal
19    corporation or political subdivision having a population
20    of 1,000,000 or more inhabitants and which are subject to
21    safety tests imposed by local ordinance or resolution;
22        (c) a semitrailer or trailer having a gross weight of
23    5,000 pounds or less including vehicle weight and maximum
24    load;
25        (d) recreational vehicles;
26        (e) vehicles registered as and displaying Illinois

 

 

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1    antique vehicle plates and vehicles registered as
2    expanded-use antique vehicles and displaying expanded-use
3    antique vehicle plates;
4        (f) house trailers equipped and used for living
5    quarters;
6        (g) vehicles registered as and displaying Illinois
7    permanently mounted equipment plates or similar vehicles
8    eligible therefor but registered as governmental vehicles
9    provided that if said vehicle is reclassified from a
10    permanently mounted equipment plate so as to lose the
11    exemption of not requiring a certificate of safety, such
12    vehicle must be safety tested within 30 days of the
13    reclassification;
14        (h) vehicles owned or operated by a manufacturer,
15    dealer or transporter displaying a special plate or plates
16    as described in Chapter 3 of this Code while such vehicle
17    is being delivered from the manufacturing or assembly plant
18    directly to the purchasing dealership or distributor, or
19    being temporarily road driven for quality control testing,
20    or from one dealer or distributor to another, or are being
21    moved by the most direct route from one location to another
22    for the purpose of installing special bodies or equipment,
23    or driven for purposes of demonstration by a prospective
24    buyer with the dealer or his agent present in the cab of
25    the vehicle during the demonstration;
26        (i) pole trailers and auxiliary axles;

 

 

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1        (j) special mobile equipment;
2        (k) vehicles properly registered in another State
3    pursuant to law and displaying a valid registration plate
4    or digital registration plate, except vehicles of contract
5    carriers transporting employees in the course of their
6    employment on a highway of this State in a vehicle designed
7    to carry 15 or fewer passengers are only exempted to the
8    extent that the safety testing requirements applicable to
9    such vehicles in the state of registration are no less
10    stringent than the safety testing requirements applicable
11    to contract carriers that are lawfully registered in
12    Illinois;
13        (l) water-well boring apparatuses or rigs;
14        (m) any vehicle which is owned and operated by the
15    federal government and externally displays evidence of
16    such ownership; and
17        (n) second division vehicles registered for a gross
18    weight of 10,000 pounds or less, except when such second
19    division motor vehicles pull or draw a trailer,
20    semi-trailer or pole trailer having a gross weight of or
21    registered for a gross weight of more than 10,000 pounds;
22    motor buses; religious organization buses; school buses;
23    senior citizen transportation vehicles; medical transport
24    vehicles; tow trucks; and any property carrying vehicles
25    being operated in commerce that are registered for a gross
26    weight of more than 8,000 lbs but less than 10,001 lbs.

 

 

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1    The safety test shall include the testing and inspection of
2brakes, lights, horns, reflectors, rear vision mirrors,
3mufflers, safety chains, windshields and windshield wipers,
4warning flags and flares, frame, axle, cab and body, or cab or
5body, wheels, steering apparatus, and other safety devices and
6appliances required by this Code and such other safety tests as
7the Department may by rule or regulation require, for second
8division vehicles, school buses, medical transport vehicles,
9tow trucks, first division vehicles including taxis which are
10used for a purpose that requires a school bus driver permit,
11motor vehicles used for driver education training, vehicles
12designed to carry 15 or fewer passengers operated by a contract
13carrier transporting employees in the course of their
14employment on a highway of this State, trailers, and
15semitrailers subject to inspection.
16    For tow trucks, the safety test and inspection shall also
17include the inspection of winch mountings, body panels, body
18mounts, wheel lift swivel points, and sling straps, and other
19tests and inspections the Department by rule requires for tow
20trucks.
21    For driver education vehicles used by public high schools,
22the vehicle must also be equipped with dual control brakes, a
23mirror on each side of the vehicle so located as to reflect to
24the driver a view of the highway for a distance of at least 200
25feet to the rear, and a sign visible from the front and the
26rear identifying the vehicle as a driver education car.

 

 

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1    For trucks, truck tractors, trailers, semi-trailers,
2buses, and first division vehicles including taxis which are
3used for a purpose that requires a school bus driver permit,
4the safety test shall be conducted in accordance with the
5Minimum Periodic Inspection Standards promulgated by the
6Federal Highway Administration of the U.S. Department of
7Transportation and contained in Appendix G to Subchapter B of
8Chapter III of Title 49 of the Code of Federal Regulations.
9Those standards, as now in effect, are made a part of this
10Code, in the same manner as though they were set out in full in
11this Code.
12    The passing of the safety test shall not be a bar at any
13time to prosecution for operating a second division vehicle,
14medical transport vehicle, motor vehicle used for driver
15education training, or vehicle designed to carry 15 or fewer
16passengers operated by a contract carrier as provided in this
17Section that is unsafe, as determined by the standards
18prescribed in this Code.
19(Source: P.A. 100-956, eff. 1-1-19.)
 
20    (625 ILCS 5/13C-55)
21    Sec. 13C-55. Enforcement.
22    (a) Computer-Matched Enforcement.
23        (1) The provisions of this subsection (a) are operative
24    until the implementation of the registration denial
25    enforcement mechanism required by subsection (b). The

 

 

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1    Agency shall cooperate in the enforcement of this Chapter
2    by (i) identifying probable violations through computer
3    matching of vehicle registration records and inspection
4    records; (ii) sending one notice to each suspected violator
5    identified through such matching, stating that
6    registration and inspection records indicate that the
7    vehicle owner has not complied with this Chapter; (iii)
8    directing the vehicle owner to notify the Agency or the
9    Secretary of State if he or she has ceased to own the
10    vehicle or has changed residence; and (iv) advising the
11    vehicle owner of the consequences of violating this
12    Chapter.
13        The Agency shall cooperate with the Secretary of State
14    in the administration of this Chapter and the related
15    provisions of Chapter 3, and shall provide the Secretary of
16    State with such information as the Secretary of State may
17    deem necessary for these purposes, including regular and
18    timely access to vehicle inspection records.
19        The Secretary of State shall cooperate with the Agency
20    in the administration of this Chapter and shall provide the
21    Agency with such information as the Agency may deem
22    necessary for the purposes of this Chapter, including
23    regular and timely access to vehicle registration records.
24    Section 2-123 of this Code does not apply to the provision
25    of this information.
26        (2) The Secretary of State shall suspend either the

 

 

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1    driving privileges or the vehicle registration, or both, of
2    any vehicle owner who has not complied with this Chapter,
3    if (i) the vehicle owner has failed to satisfactorily
4    respond to the one notice sent by the Agency under
5    paragraph (a)(1), and (ii) the Secretary of State has
6    mailed the vehicle owner a notice that the suspension will
7    be imposed if the owner does not comply within a stated
8    period, and the Secretary of State has not received
9    satisfactory evidence of compliance within that period.
10    The Secretary of State shall send this notice only after
11    receiving a statement from the Agency that the vehicle
12    owner has failed to comply with this Section. Notice shall
13    be effective as specified in subsection (c) of Section
14    6-211 of this Code.
15        A suspension under this paragraph (a)(2) shall not be
16    terminated until satisfactory proof of compliance has been
17    submitted to the Secretary of State. No driver's license or
18    permit, or renewal of a license or permit, may be issued to
19    a person whose driving privileges have been suspended under
20    this Section until the suspension has been terminated. No
21    vehicle registration or registration plate or digital
22    registration plate that has been suspended under this
23    Section may be reinstated or renewed, or transferred by the
24    owner to any other vehicle, until the suspension has been
25    terminated.
26    (b) Registration Denial Enforcement.

 

 

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1        (1) No later than January 1, 2008, and consistent with
2    Title 40, Part 51, Section 51.361 of the Code of Federal
3    Regulations, the Agency and the Secretary of State shall
4    design, implement, maintain, and operate a registration
5    denial enforcement mechanism to ensure compliance with the
6    provisions of this Chapter, and cooperate with other State
7    and local governmental entities to effectuate its
8    provisions. Specifically, this enforcement mechanism shall
9    contain, at a minimum, the following elements:
10            (A) An external, readily visible means of
11        determining vehicle compliance with the registration
12        requirement to facilitate enforcement of the program;
13            (B) A biennial schedule of testing that clearly
14        determines when a vehicle shall comply prior to
15        registration;
16            (C) A testing certification mechanism (either
17        paper-based or electronic) that shall be used for
18        registration purposes and clearly states whether the
19        certification is valid for purposes of registration,
20        including:
21                (i) Expiration date of the certificate;
22                (ii) Unambiguous vehicle identification
23            information; and
24                (iii) Whether the vehicle passed or received a
25            waiver;
26            (D) A commitment to routinely issue citations to

 

 

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1        motorists with expired or missing license plates, with
2        either no registration or an expired registration, and
3        with no license plate decals or expired decals, and
4        provide for enforcement officials other than police to
5        issue citations (e.g., parking meter attendants) to
6        parked vehicles in noncompliance;
7            (E) A commitment to structure the penalty system to
8        deter noncompliance with the registration requirement
9        through the use of mandatory minimum fines (meaning
10        civil, monetary penalties) constituting a meaningful
11        deterrent and through a requirement that compliance be
12        demonstrated before a case can be closed;
13            (F) Ensurance that evidence of testing is
14        available and checked for validity at the time of a new
15        registration of a used vehicle or registration
16        renewal;
17            (G) Prevention of owners or lessors from avoiding
18        testing through manipulation of the title or
19        registration system; title transfers may re-start the
20        clock on the inspection cycle only if proof of current
21        compliance is required at title transfer;
22            (H) Prevention of the fraudulent initial
23        classification or reclassification of a vehicle from
24        subject to non-subject or exempt by requiring proof of
25        address changes prior to registration record
26        modification, and documentation from the testing

 

 

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1        program (or delegate) certifying based on a physical
2        inspection that the vehicle is exempt;
3            (I) Limiting and tracking of the use of time
4        extensions of the registration requirement to prevent
5        repeated extensions;
6            (J) Providing for meaningful penalties for cases
7        of registration fraud;
8            (K) Limiting and tracking exemptions to prevent
9        abuse of the exemption policy for vehicles claimed to
10        be out-of-state; and
11            (L) Encouraging enforcement of vehicle
12        registration transfer requirements when vehicle owners
13        move into the affected counties by coordinating with
14        local and State enforcement agencies and structuring
15        other activities (e.g., driver's license issuance) to
16        effect registration transfers.
17        (2) The Agency shall cooperate in the enforcement of
18    this Chapter by providing the owner or owners of complying
19    vehicles with a Compliance Certificate stating that the
20    vehicle meets all applicable requirements of this Chapter.
21        The Agency shall cooperate with the Secretary of State
22    in the administration of this Chapter and the related
23    provisions of Chapter 3, and shall provide the Secretary of
24    State with such information as the Secretary of State may
25    deem necessary for these purposes, including regular and
26    timely access to vehicle inspection records.

 

 

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1        The Secretary of State shall cooperate with the Agency
2    in the administration of this Chapter and shall provide the
3    Agency with such information as the Agency may deem
4    necessary for the purposes of this Chapter, including
5    regular and timely access to vehicle registration records.
6    Section 2-123 of this Code does not apply to the provision
7    of this information.
8        (3) Consistent with the requirements of Section
9    13C-15, the Secretary of State shall not renew any vehicle
10    registration for a subject vehicle that has not complied
11    with this Chapter. Additionally, the Secretary of State
12    shall not allow the issuance of a new registration nor
13    allow the transfer of a registration to a subject vehicle
14    that has not complied with this Chapter.
15        (4) The Secretary of State shall suspend the
16    registration of any vehicle which has permanent vehicle
17    registration plates or digital registration plates that
18    has not complied with the requirements of this Chapter. A
19    suspension under this paragraph (4) shall not be terminated
20    until satisfactory proof of compliance has been submitted
21    to the Secretary of State. No permanent vehicle
22    registration plate or digital registration plate that has
23    been suspended under this Section may be reinstated or
24    renewed, or transferred by the owner to any other vehicle,
25    until the suspension has been terminated.
26(Source: P.A. 94-526, eff. 1-1-06; 94-848, eff. 6-9-06.)
 

 

 

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1    (625 ILCS 5/20-401)  (from Ch. 95 1/2, par. 20-401)
2    Sec. 20-401. Saving provisions. The repeal of any Act by
3this Chapter shall not affect any right accrued or liability
4incurred under said repealed Act to the effective date hereof.
5    The provisions of this Act, insofar as they are the same or
6substantially the same as those of any prior Act, shall be
7construed as a continuation of said prior Act. Any license,
8permit, certificate, registration, registration plate or
9digital registration plate, registration sticker or digital
10registration sticker, bond, policy of insurance or other
11instrument or document issued or filed or any deposit made
12under any such prior Act and still in effect on the effective
13date of this Act shall, except as otherwise specifically
14provided in this Act, be deemed the equivalent of a license,
15permit, certificate, registration, registration plate or
16digital registration plate, registration sticker or digital
17registration sticker, bond, policy of insurance, or other
18instrument or document issued or filed or any deposit made
19under this Act, and shall continue in effect until its
20expiration or until suspended, revoked, cancelled or forfeited
21under this Act.
22    Furthermore, when any section of any of the various laws or
23acts repealed by this Act is amended by an Amendatory Act of
24the 76th General Assembly, and such amended section becomes law
25prior to the effective date of this Act, then it is the intent

 

 

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1of the General Assembly that the corresponding section of this
2Code and Act be construed so as to give effect to such
3amendment as if it were made a part of this Code. Should,
4however, any such Amendatory Act amend a definition of a word
5or phrase in an act repealed by this Act, and such becomes law
6prior to the effective date of this Act, it is the further
7intent of the General Assembly that the corresponding section
8of this Code specifically defining such word or phrase be
9construed so as to give effect to such amendment, and if not
10specifically defined, that the corresponding section of
11Chapter 1 of this Code be construed so as to give effect to
12such amendment. In the event that a new section is added to an
13act repealed by this Act by an Act of the 76th General
14Assembly, it is the further intent of the General Assembly that
15this Code be construed as if such were made a part of this
16Code.
17(Source: P.A. 80-230.)
 
18    Section 25. The Automated Traffic Control Systems in
19Highway Construction or Maintenance Zones Act is amended by
20changing Sections 15 and 30 as follows:
 
21    (625 ILCS 7/15)
22    Sec. 15. Definitions. As used in this Act:
23    (a) "Automated traffic control system" means a
24photographic device, radar device, laser device, or other

 

 

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1electrical or mechanical device or devices designed to record
2the speed of a vehicle and obtain a clear photograph or other
3recorded image of the vehicle, the vehicle operator, and the
4vehicle's registration plate or digital registration plate
5while the driver is violating Section 11-605.1 of the Illinois
6Vehicle Code. The photograph or other recorded image must also
7display the time, date, and location of the violation. A law
8enforcement officer is not required to be present or to witness
9the violation.
10    (b) "Construction or maintenance zone" means an area in
11which the Department of Transportation or the Illinois State
12Toll Highway Authority has determined that the preexisting
13established speed limit through a highway construction or
14maintenance project is greater than is reasonable or safe with
15respect to the conditions expected to exist in the construction
16or maintenance zone and has posted a lower speed limit with a
17highway construction or maintenance zone special speed limit
18sign in accordance with Section 11-605.1 of the Illinois
19Vehicle Code.
20    (c) "Owner" means the person or entity to whom the vehicle
21is registered.
22(Source: P.A. 93-947, eff. 8-19-04.)
 
23    (625 ILCS 7/30)
24    Sec. 30. Requirements for issuance of a citation.
25    (a) The vehicle, vehicle operator, vehicle registration

 

 

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1plate or digital registration plate, speed, date, time, and
2location must be clearly visible on the photograph or other
3recorded image of the alleged violation.
4    (b) A Uniform Traffic Citation must be mailed or otherwise
5delivered to the registered owner of the vehicle. If mailed,
6the citation must be sent via certified mail within 14 business
7days of the alleged violation, return receipt requested.
8    (c) The Uniform Traffic Citation must include:
9        (1) the name and address of the vehicle owner;
10        (2) the registration number of the vehicle;
11        (3) the offense charged;
12        (4) the time, date, and location of the violation;
13        (5) the first available court date; and
14        (6) notice that the basis of the citation is the
15    photograph or recorded image from the automated traffic
16    control system.
17    (d) The Uniform Traffic Citation issued to the violator
18must be accompanied by a written document that lists the
19violator's rights and obligations and explains how the violator
20can elect to proceed by either paying the fine or challenging
21the issuance of the Uniform Traffic Citation.
22(Source: P.A. 93-947, eff. 8-19-04; 94-757, eff. 5-12-06;
2394-814, eff. 1-1-07.)
 
24    Section 99. Effective date. This Act takes effect upon
25becoming law.".