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92_HB5819
LRB9214022LDtm
1 AN ACT in relation to vehicles.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Renter's Financial Responsibility and
5 Protection Act is amended by changing Sections 10 and 15 as
6 follows:
7 (625 ILCS 27/10)
8 Sec. 10. Definitions. As used in this Act:
9 "Rental Company" means a person or entity that rents
10 private passenger vehicles to the public for 90 30 days or
11 less.
12 "Renter" means a person or entity that obtains the use of
13 a private passenger vehicle from a rental company under terms
14 of a rental agreement.
15 "Rental Agreement" means an agreement for 90 30 days or
16 less setting forth the terms and conditions governing the use
17 of a private passenger vehicle provided by a rental company.
18 "Authorized Driver" means: the renter; the renter's
19 spouse if the spouse is a licensed driver and satisfies the
20 rental company's minimum age requirement; the renter's
21 employer, employee, or co-worker if that person is a licensed
22 driver, satisfies the rental company's minimum age
23 requirement, and at the time of the rental is engaged in a
24 business activity with the renter; any person who is
25 expressly listed by the rental company on the rental
26 agreement as an authorized driver; and any person driving
27 directly to a medical or police facility under circumstances
28 reasonably believed to constitute an emergency and who is a
29 licensed driver.
30 "Damage Waiver" means a rental company's agreement not to
31 hold an authorized driver liable for all or a part of any
-2- LRB9214022LDtm
1 damage to or loss of a rented vehicle for which the renter
2 may be liable pursuant to Section 6-305.2. "Damage Waiver"
3 shall encompass within its meaning other similar terms used
4 by rental companies, such as "Collision Damage Waiver", "Loss
5 Damage Waiver", "Physical Damage Waiver", and the like.
6 (Source: P.A. 90-113, eff. 7-14-97.)
7 (625 ILCS 27/15)
8 Sec. 15. Prohibited practices.
9 (a) A rental company may not sell a damage waiver unless
10 the renter agrees to the damage waiver in writing at or prior
11 to the time the rental agreement is executed.
12 (b) A rental company may not void a damage waiver except
13 for one or more of the following reasons:
14 (1) Damage or loss while the rental vehicle is used
15 to carry persons or property for a charge or fee.
16 (2) Damage or loss during an organized or agreed
17 upon racing or speed contest or demonstration or pushing
18 or pulling activity in which the rental vehicle is
19 actively involved.
20 (3) Damage or loss that could reasonably be
21 expected from an intentional or criminal act of the
22 driver other than a traffic infraction.
23 (4) Damage or loss to any rental vehicle resulting
24 from any auto business operation, including but not
25 limited to repairing, servicing, testing, washing,
26 parking, storing, or selling of automobiles.
27 (5) Damage or loss occurring to a rental vehicle if
28 the rental contract is based on fraudulent or material
29 misrepresentation by the renter.
30 (6) Damage or loss arising out of the use of the
31 rental vehicle outside the continental United States when
32 such use is specifically prohibited in the rental
33 agreement.
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1 (7) Damage or loss occurring while the rental
2 vehicle is operated by a driver not permitted under the
3 rental agreement.
4 (c) A rental company shall not charge more than $9 per
5 full or partial 24 hour rental day for a collision damage
6 waiver if the manufacturer's suggested retail price of the
7 rental vehicle type is not greater than $30,000. A rental
8 company shall not charge more than $12 per full or partial 24
9 hour rental day for a collision damage waiver if the
10 manufacturer's suggested retail price of the rental vehicle
11 type is greater than $30,000. On January 1, 2000, the maximum
12 charges in this subsection (c) shall be increased to $9.50
13 and $12.50, respectively, and shall be subsequently increased
14 to $10 and $13 on January 1, 2001 and $10.50 and $13.50 on
15 January 1, 2002.
16 (Source: P.A. 90-113, eff. 7-14-97.)