96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB2412

 

Introduced 2/19/2009, by Rep. Naomi D. Jakobsson

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/3-101   from Ch. 95 1/2, par. 3-101
625 ILCS 5/3-401   from Ch. 95 1/2, par. 3-401
625 ILCS 5/6-101   from Ch. 95 1/2, par. 6-101
625 ILCS 5/7-601   from Ch. 95 1/2, par. 7-601

    Amends the Illinois Vehicle Code. Provides that a motor vehicle that was not designed for use on public highways is subject to the certificate of title, registration, driver licensing, and mandatory insurance provisions of the Illinois Vehicle Code if the motor vehicle is operated on a public highway at any time.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB2412 LRB096 09720 AJT 19883 b

1     AN ACT concerning transportation.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Illinois Vehicle Code is amended by changing
5 Sections 3-101, 3-401, 6-101, and 7-601 as follows:
 
6     (625 ILCS 5/3-101)  (from Ch. 95 1/2, par. 3-101)
7     Sec. 3-101. Certificate of title required.
8     (a) Except as provided in Section 3-102, every owner of a
9 vehicle which is in this State and for which no certificate of
10 title has been issued by the Secretary of State shall make
11 application to the Secretary of State for a certificate of
12 title of the vehicle.
13     (b) Every owner of a motorcycle or motor driven cycle
14 purchased new on and after January 1, 1980 shall make
15 application to the Secretary of State for a certificate of
16 title. However, if such cycle is not properly manufactured or
17 equipped for general highway use pursuant to the provisions of
18 this Act, it shall not be eligible for license registration,
19 but shall be issued a distinctive certificate of title except
20 as provided in Sections 3-102 and 3-110 of this Act.
21     (c) The Secretary of State shall not register or renew the
22 registration of a vehicle unless a certificate of title has
23 been issued by the Secretary of State to the owner or an

 

 

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1 application therefor has been delivered by the owner to the
2 Secretary of State.
3     (d) Every owner of an all-terrain vehicle or off-highway
4 motorcycle purchased on or after January 1, 1998 shall make
5 application to the Secretary of State for a certificate of
6 title.
7     (e) Every owner of a motor vehicle not designed to be used
8 on a public highway shall make application to the Secretary of
9 State for a certificate of title if a person operates the motor
10 vehicle on a public highway at any time.
11 (Source: P.A. 90-287, eff. 1-1-98.)
 
12     (625 ILCS 5/3-401)  (from Ch. 95 1/2, par. 3-401)
13     Sec. 3-401. Effect of provisions.
14     (a) It shall be unlawful for any person to violate any
15 provision of this Chapter or to drive or move or for an owner
16 knowingly to permit to be driven or moved upon any highway any
17 vehicle of a type required to be registered hereunder which is
18 not registered or for which the appropriate fee has not been
19 paid when and as required hereunder, except that when
20 application accompanied by proper fee has been made for
21 registration of a vehicle it may be operated temporarily
22 pending complete registration upon displaying a duplicate
23 application duly verified or other evidence of such application
24 or otherwise under rules and regulations promulgated by the
25 Secretary of State.

 

 

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1     (b) The appropriate fees required to be paid under the
2 various provisions of this Act for registration of vehicles
3 shall mean the fee or fees which would have been paid
4 initially, if proper and timely application had been made to
5 the Secretary of State for the appropriate registration
6 required, whether such registration be a flat weight
7 registration, a single trip permit, a reciprocity permit or a
8 supplemental application to an original prorate application
9 together with payment of fees due under the supplemental
10 application for prorate decals.
11     (c) Effective October 1, 1984, no vehicle required to pay a
12 Federal Highway Users Tax shall be registered unless proof of
13 payment, in a form prescribed and approved by the Secretary of
14 State, is submitted with the appropriate registration.
15 Notwithstanding any other provision of this Code, failure of
16 the applicant to comply with this paragraph shall be deemed
17 grounds for the Secretary to refuse registration.
18     (c-1) A vehicle may not be registered by the Secretary of
19 State unless that vehicle:
20         (1) was originally manufactured for operation on
21     highways;
22         (2) is a modification of a vehicle that was originally
23     manufactured for operation on highways; or
24         (3) was assembled from component parts designed for use
25     in vehicles to be operated on highways; or .
26         (4) was not originally manufactured for operation on

 

 

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1     highways but the vehicle is used on a highway at any time.
2     (d) Second division vehicles.
3         (1) A vehicle of the second division moved or operated
4     within this State shall have had paid for it the
5     appropriate registration fees and flat weight tax, as
6     evidenced by the Illinois registration issued for that
7     vehicle, for the gross weight of the vehicle and load being
8     operated or moved within this State. Second division
9     vehicles of foreign jurisdictions operated within this
10     State under a single trip permit, fleet reciprocity plan,
11     prorate registration plan, or apportional registration
12     plan, instead of second division vehicle registration
13     under Article VIII of this Chapter, must have had paid for
14     it the appropriate registration fees and flat weight tax in
15     the base jurisdiction of that vehicle, as evidenced by the
16     maximum gross weight shown on the foreign registration
17     cards, plus any appropriate fees required under this Code.
18         (2) If a vehicle and load are operated in this State
19     and the appropriate fees and taxes have not been paid or
20     the vehicle and load exceed the registered gross weight for
21     which the required fees and taxes have been paid by 2001
22     pounds or more, the operator or owner shall be fined as
23     provided in Section 15-113 of this Code. However, an owner
24     or operator shall not be subject to arrest under this
25     subsection for any weight in excess of 80,000 pounds.
26     Further, for any unregistered vehicle or vehicle

 

 

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1     displaying expired registration, no fine shall exceed the
2     actual cost of what the appropriate registration for that
3     vehicle and load should have been as established in
4     subsection (a) of Section 3-815 of this Chapter regardless
5     of the route traveled.
6         (3) Any person operating a legal combination of
7     vehicles displaying valid registration shall not be
8     considered in violation of the registration provision of
9     this subsection unless the total gross weight of the
10     combination exceeds the total licensed weight of the
11     vehicles in the combination. The gross weight of a vehicle
12     exempt from the registration requirements of this Chapter
13     shall not be included when determining the total gross
14     weight of vehicles in combination.
15         (4) If the defendant claims that he or she had
16     previously paid the appropriate Illinois registration fees
17     and taxes for this vehicle before the alleged violation,
18     the defendant shall have the burden of proving the
19     existence of the payment by competent evidence. Proof of
20     proper Illinois registration issued by the Secretary of
21     State, or the appropriate registration authority from the
22     foreign state, shall be the only competent evidence of
23     payment.
24 (Source: P.A. 94-239, eff. 1-1-06.)
 
25     (625 ILCS 5/6-101)  (from Ch. 95 1/2, par. 6-101)

 

 

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1     Sec. 6-101. Drivers must have licenses or permits.
2     (a) No person, except those expressly exempted by Section
3 6-102, shall drive any motor vehicle upon a highway in this
4 State unless such person has a valid license or permit, or a
5 restricted driving permit, issued under the provisions of this
6 Act. This subsection also applies to any person who drives a
7 motor vehicle not designed to be used on a public highway if
8 the person operates the motor vehicle on a public highway at
9 any time.
10     (b) No person shall drive a motor vehicle unless he holds a
11 valid license or permit, or a restricted driving permit issued
12 under the provisions of Section 6-205, 6-206, or 6-113 of this
13 Act. Any person to whom a license is issued under the
14 provisions of this Act must surrender to the Secretary of State
15 all valid licenses or permits. No drivers license shall be
16 issued to any person who holds a valid Foreign State license,
17 identification card, or permit unless such person first
18 surrenders to the Secretary of State any such valid Foreign
19 State license, identification card, or permit.
20     (b-5) Any person who commits a violation of subsection (a)
21 or (b) of this Section is guilty of a Class A misdemeanor, if
22 at the time of the violation the person's driver's license or
23 permit was cancelled under clause (a)9 of Section 6-201 of this
24 Code.
25     (c) Any person licensed as a driver hereunder shall not be
26 required by any city, village, incorporated town or other

 

 

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1 municipal corporation to obtain any other license to exercise
2 the privilege thereby granted.
3     (d) In addition to other penalties imposed under this
4 Section, any person in violation of this Section who is also in
5 violation of Section 7-601 of this Code relating to mandatory
6 insurance requirements shall have his or her motor vehicle
7 immediately impounded by the arresting law enforcement
8 officer. The motor vehicle may be released to any licensed
9 driver upon a showing of proof of insurance for the motor
10 vehicle that was impounded and the notarized written consent
11 for the release by the vehicle owner.
12     (e) In addition to other penalties imposed under this
13 Section, the vehicle of any person in violation of this Section
14 who is also in violation of Section 7-601 of this Code relating
15 to mandatory insurance requirements and who, in violating this
16 Section, has caused death or personal injury to another person
17 is subject to forfeiture under Sections 36-1 and 36-2 of the
18 Criminal Code of 1961. For the purposes of this Section, a
19 personal injury shall include any type A injury as indicated on
20 the traffic accident report completed by a law enforcement
21 officer that requires immediate professional attention in
22 either a doctor's office or a medical facility. A type A injury
23 shall include severely bleeding wounds, distorted extremities,
24 and injuries that require the injured party to be carried from
25 the scene.
26 (Source: P.A. 94-993, eff. 1-1-07; 95-578, eff. 6-1-08.)
 

 

 

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1     (625 ILCS 5/7-601)  (from Ch. 95 1/2, par. 7-601)
2     Sec. 7-601. Required liability insurance policy.
3     (a) No person shall operate, register or maintain
4 registration of, and no owner shall permit another person to
5 operate, register or maintain registration of, a motor vehicle
6 designed to be used on a public highway unless the motor
7 vehicle is covered by a liability insurance policy. This
8 subsection also applies to a motor vehicle not designed to be
9 used on a public highway if the person operates the motor
10 vehicle on a public highway at any time.
11     The insurance policy shall be issued in amounts no less
12 than the minimum amounts set for bodily injury or death and for
13 destruction of property under Section 7-203 of this Code, and
14 shall be issued in accordance with the requirements of Sections
15 143a and 143a-2 of the Illinois Insurance Code, as amended. No
16 insurer other than an insurer authorized to do business in this
17 State shall issue a policy pursuant to this Section for any
18 vehicle subject to registration under this Code. Nothing herein
19 shall deprive an insurer of any policy defense available at
20 common law.
21     (b) The following vehicles are exempt from the requirements
22 of this Section:
23         (1) vehicles subject to the provisions of Chapters 8 or
24     18a, Article III or Section 7-609 of Chapter 7, or Sections
25     12-606 or 12-707.01 of Chapter 12 of this Code;

 

 

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1         (2) vehicles required to file proof of liability
2     insurance with the Illinois Commerce Commission;
3         (3) vehicles covered by a certificate of
4     self-insurance under Section 7-502 of this Code;
5         (4) vehicles owned by the United States, the State of
6     Illinois, or any political subdivision, municipality or
7     local mass transit district;
8         (5) implements of husbandry;
9         (6) other vehicles complying with laws which require
10     them to be insured in amounts meeting or exceeding the
11     minimum amounts required under this Section; and
12         (7) inoperable or stored vehicles that are not
13     operated, as defined by rules and regulations of the
14     Secretary.
15     (c) Every employee of a State agency, as that term is
16 defined in the Illinois State Auditing Act, who is assigned a
17 specific vehicle owned or leased by the State on an ongoing
18 basis shall provide the certification described in this Section
19 annually to the director or chief executive officer of his or
20 her agency.
21     The certification shall affirm that the employee is duly
22 licensed to drive the assigned vehicle and that (i) the
23 employee has liability insurance coverage extending to the
24 employee when the assigned vehicle is used for other than
25 official State business, or (ii) the employee has filed a bond
26 with the Secretary of State as proof of financial

 

 

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1 responsibility, in an amount equal to, or in excess of the
2 requirements stated within this Section. Upon request of the
3 agency director or chief executive officer, the employee shall
4 present evidence to support the certification.
5     The certification shall be provided during the period July
6 1 through July 31 of each calendar year, or within 30 days of
7 any new assignment of a vehicle on an ongoing basis, whichever
8 is later.
9     The employee's authorization to use the assigned vehicle
10 shall automatically be rescinded upon:
11         (1) the revocation or suspension of the license
12     required to drive the assigned vehicle;
13         (2) the cancellation or termination for any reason of
14     the automobile liability insurance coverage as required in
15     item (c) (i); or
16         (3) the termination of the bond filed with the
17     Secretary of State.
18     All State employees providing the required certification
19 shall immediately notify the agency director or chief executive
20 officer in the event any of these actions occur.
21     All peace officers employed by a State agency who are
22 primarily responsible for prevention and detection of crime and
23 the enforcement of the criminal, traffic, or highway laws of
24 this State, and prohibited by agency rule or policy to use an
25 assigned vehicle owned or leased by the State for regular
26 personal or off-duty use, are exempt from the requirements of

 

 

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1 this Section.
2 (Source: P.A. 91-661, eff. 12-22-99.)