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| [ Engrossed ] | [ Senate Amendment 001 ] |
90_SB0463
625 ILCS 5/6-305 from Ch. 95 1/2, par. 6-305
Amends the Illinois Vehicle Code to provide that a person
who rents a motor vehicle to another shall photocopy the
renter's driver's license (or photo identification in the
case of a nonresident who resides in a state or country that
does not require a driver to be licensed) and keep the
photocopy in his or her records, open to inspection by a
police officer or agent of the Secretary of State. Effective
January 1, 1998.
LRB9002803NTsb
LRB9002803NTsb
1 AN ACT to amend the Illinois Vehicle Code by changing
2 Section 6-305.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Vehicle Code is amended by
6 changing Section 6-305 as follows:
7 (625 ILCS 5/6-305) (from Ch. 95 1/2, par. 6-305)
8 Sec. 6-305. Renting motor vehicle to another.
9 (a) No person shall rent a motor vehicle to any other
10 person unless the latter person, or a driver designated by a
11 nondriver with disabilities and meeting any minimum age and
12 driver's record requirements that are uniformly applied by
13 the person renting a motor vehicle, is then duly licensed
14 hereunder or, in the case of a nonresident, then duly
15 licensed under the laws of the State or country of his
16 residence unless the State or country of his residence does
17 not require that a driver be licensed.
18 (b) No person shall rent a motor vehicle to another
19 until he has inspected and photocopied the drivers license of
20 the person to whom the vehicle is to be rented, or by whom it
21 is to be driven, and compared and verified the signature
22 thereon with the signature of such person written in his
23 presence unless, in the case of a nonresident, the State or
24 country wherein the nonresident resides does not require that
25 a driver be licensed, in which case no person shall rent a
26 motor vehicle to another until he or she has photocopied an
27 identification containing a photograph of the person to whom
28 the vehicle is to be rented or by whom it is to be driven.
29 (c) No person shall rent a motorcycle to another unless
30 the latter person is then duly licensed hereunder as a
31 motorcycle operator, and in the case of a nonresident, then
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1 duly licensed under the laws of the State or country of his
2 residence, unless the State or country of his residence does
3 not require that a driver be licensed.
4 (d) No person who rents a private passenger motor
5 vehicle to another shall, in rental agreements of 30
6 continuous days or less, hold any authorized driver liable
7 for any damage or loss to the rented vehicle exceeding $200
8 including loss of use and any costs and expenses incident to
9 the damage, loss or loss of use except where:
10 (1) the damage is caused intentionally by an
11 authorized driver or as a result of his willful or wanton
12 misconduct;
13 (2) the damage arises out of the authorized
14 driver's operation of the vehicle while intoxicated or
15 under the influence of any drugs;
16 (3) the damage is caused while the authorized
17 driver is engaged in any speed contest;
18 (4) the rental transaction is based on fraudulent
19 or false information supplied by the person to whom the
20 vehicle is rented;
21 (5) the damage arises out of the use of the vehicle
22 while committing or otherwise involved in a crime that
23 could be properly charged as a felony;
24 (6) the damage arises out of the use of the vehicle
25 to carry persons or property for hire or to push or tow
26 anything;
27 (7) the damage occurs while the vehicle is operated
28 by a person other than an authorized driver; or
29 (8) the damage arises out of the use of the vehicle
30 outside of the continental United States unless such use
31 is specifically authorized by the rental agreement.
32 (e) For the purposes of subsection (d) of this Section,
33 "authorized driver" shall mean the person to whom the vehicle
34 is rented; the renter's spouse if a licensed driver who
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1 satisfies the rental company's minimum age requirement; the
2 renter's employer or co-worker if they are engaged in
3 business activity with the person to whom the vehicle is
4 rented, are licensed drivers, and satisfy the rental
5 company's minimum age requirement; any person who operates
6 the vehicle during an emergency situation or while parking
7 the vehicle at a commercial establishment; and any person
8 expressly listed by the rental company on the rental
9 agreement as an authorized driver.
10 (f) Any person who rents a motor vehicle to another
11 shall only advertise, quote, and charge a rental rate that
12 includes the entire amount except taxes and a mileage charge,
13 if any, which a renter must pay to hire or lease the vehicle
14 for the period of time to which the rental rate applies.
15 Such person shall not charge in addition to the rental rate,
16 taxes, and mileage charge, if any, any fee which must be paid
17 by the renter as a condition of hiring or leasing the
18 vehicle, such as, but not limited to, required fuel or
19 airport surcharges, nor any fee for transporting the renter
20 to the location where the rented vehicle will be delivered to
21 the renter. In addition to the rental rate, taxes, and
22 mileage charge, if any, such person may charge for an item or
23 service provided in connection with a particular rental
24 transaction if the renter can avoid incurring the charge by
25 choosing not to obtain or utilize the optional item or
26 service. Items and services for which such person may impose
27 an additional charge include, but are not limited to,
28 optional insurance and accessories requested by the renter,
29 unless otherwise prohibited by subsection (d) of this
30 Section, service charges incident to the renter's optional
31 return of the vehicle to a location other than the location
32 where the vehicle was hired or leased and charges for
33 refueling the vehicle at the conclusion of the rental
34 transaction in the event the renter did not return the
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1 vehicle with as much fuel as was in the fuel tank at the
2 beginning of the rental. No collision damage waiver, or any
3 other type of waiver or insurance, may be offered and sold as
4 a separate charge which would provide coverage for a
5 deductible and any of the exceptions authorized by subsection
6 (d) of this Section.
7 (g) Every person renting a motor vehicle to another
8 shall keep a record of the registration number of the motor
9 vehicle so rented, the name and address of the person to whom
10 the vehicle is rented, the number of the license, if any, of
11 said latter person and the date and place when and where said
12 license, if any, was issued. Every person renting a motor
13 vehicle to another shall also keep a photocopy of the license
14 or photo identification, as provided in subsection (b), with
15 the record. Such record, along with the photocopy of the
16 license or photo identification, shall be open to inspection
17 by any police officer or designated agent of the Secretary of
18 State.
19 (h) A person licensed as a new car dealer under Section
20 5-101 of this Code shall not be subject to the provisions of
21 this Section regarding the rental of private passenger motor
22 vehicles when providing, free of charge, temporary substitute
23 vehicles for customers to operate during a period when a
24 customer's vehicle, which is either leased or owned by that
25 customer, is being repaired, serviced, replaced or otherwise
26 made unavailable to the customer in accordance with an
27 agreement with the licensed new car dealer or vehicle
28 manufacturer, so long as the customer orally or in writing
29 is made aware that the temporary substitute vehicle will be
30 covered by their insurance policy and the customer shall only
31 be liable to the extent of any amount deductible from such
32 insurance coverage in accordance with the terms of the
33 policy.
34 For purposes of subsection (d) of this Section, a person
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1 licensed as a new car dealer under Section 5-101 of this Code
2 who rents a private passenger motor vehicle to another may,
3 in rental agreements of 30 continuous days or fewer, hold any
4 authorized driver liable for any damage or loss to the rental
5 vehicle for an amount not to exceed $1,000.
6 (i) This Section, except the requirements of subsection
7 (g), also applies to rental agreements of 30 continuous days
8 or less involving a motor vehicle that was delivered by an
9 out of State person or business to a renter in this State.
10 (Source: P.A. 88-661, eff. 9-16-94; 89-248, eff. 8-4-95.)
11 Section 99. Effective date. This Act takes effect
12 January 1, 1998.