Illinois General Assembly - Full Text of Public Act 095-0754
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Public Act 095-0754


 

Public Act 0754 95TH GENERAL ASSEMBLY



 


 
Public Act 095-0754
 
HB5907 Enrolled LRB095 14797 WGH 46339 b

    AN ACT concerning transportation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Vehicle Code is amended by changing
Sections 7-201, 7-204, 7-212, and 11-406 as follows:
 
    (625 ILCS 5/7-201)  (from Ch. 95 1/2, par. 7-201)
    Sec. 7-201. Application of Article II. The Administrator as
soon as practicable after the receipt of the report, required
to be filed under Sections 11-406 and 11-410, of a motor
vehicle accident occurring within this State and that has
resulted in bodily injury or death of any person or that damage
to the property of any one person in excess of $1,500 (or $500
if any of the vehicles involved in the accident is subject to
Section 7-601 but is not covered by a liability insurance
policy in accordance with Section 7-601) $500 was sustained,
shall determine:
        1. Whether Section 7-202 of this Code requires the
    deposit of security by or on behalf of any person who was
    the operator or owner of any motor vehicle in any manner
    involved in the accident; and
        2. What amount of security shall be sufficient to
    satisfy any potential judgment or judgments for money
    damages resulting from the accident as may be recovered
    against the operator or owner, which amount shall in no
    event be less than $1,500 (or $500 if any of the vehicles
    involved in the accident is subject to Section 7-601 but is
    not covered by a liability insurance policy in accordance
    with Section 7-601) $500.
(Source: P.A. 87-829.)
 
    (625 ILCS 5/7-204)  (from Ch. 95 1/2, par. 7-204)
    Sec. 7-204. Form and amount of security - Definition.
    (A) Any security required to be deposited under this Act
shall be in the form as the Secretary of State may require by
administrative rule, and in the amounts as the Administrator
may determine to be sufficient to satisfy any judgment or
judgments for damages against an operator or owner but in no
case in excess of the limits specified in Section 7-203 of this
Act in reference to the acceptable limits of a policy or bond
nor for an amount less than $1,500 (or $500 if any of the
vehicles involved in the accident is subject to Section 7-601
but is not covered by a liability insurance policy in
accordance with Section 7-601) $500.
    (B) The person depositing security shall specify in writing
the person or persons on whose behalf the deposit is made and,
while at any time the deposit is in the custody of the
Secretary of State or State Treasurer, the person depositing it
may, in writing, amend the specification of the person or
persons on whose behalf the deposit is made to include an
additional person or persons; provided, however, that a single
deposit of security shall be applicable only on behalf of
persons, required to furnish security because of the same
accident.
    (C) Within 10 days after any security required under the
provisions of this Article is deposited with the Secretary of
State, the Secretary shall send notice of the security deposit
to the following, if known:
        1. To each owner and operator of any vehicle involved
    in the accident that sustained damage in excess of $1,500
    (or $500 if any of the vehicles involved in the accident is
    subject to Section 7-601 but is not covered by a liability
    insurance policy in accordance with Section 7-601) $500;
        2. To any person who sustained damage to personal or
    real property in excess of $1,500 (or $500 if any of the
    vehicles involved in the accident is subject to Section
    7-601 but is not covered by a liability insurance policy in
    accordance with Section 7-601) $500;
        3. To any person who was injured as a result of the
    accident; and
        4. To the estate of any person killed as a result of
    the accident.
(Source: P.A. 87-829.)
 
    (625 ILCS 5/7-212)  (from Ch. 95 1/2, par. 7-212)
    Sec. 7-212. Authority of Administrator and Secretary of
State to decrease amount of security. The Administrator may
reduce the amount of security ordered in any case within one
year after the date of the accident, but in no event for an
amount less than $1,500 (or $500 if any of the vehicles
involved in the accident is subject to Section 7-601 but is not
covered by a liability insurance policy in accordance with
Section 7-601) $500, if, in the judgment of the Administrator
the amount ordered is excessive, or may revoke or rescind its
order requiring the deposit of security in any case within one
year after the date of the accident if, in the judgment of the
Administrator, the provisions of Sections 7-202 and 7-203
excuse or exempt the operator or owner from the requirement of
the deposit. In case the security originally ordered has been
deposited the excess of the reduced amount ordered shall be
returned to the depositor or his personal representative
forthwith, notwithstanding the provisions of Section 7-214.
The Secretary of State likewise shall have authority granted to
the Administrator to reduce the amount of security ordered by
the Administrator.
(Source: P.A. 87-829.)
 
    (625 ILCS 5/11-406)  (from Ch. 95 1/2, par. 11-406)
    Sec. 11-406. Duty to report accident.
    (a) The driver of a vehicle that is in any manner involved
in an accident within this State, resulting in injury to or
death of any person, or in which damage to the property of any
one person, including himself, in excess of $1,500 (or $500 if
any of the vehicles involved in the accident is subject to
Section 7-601 but is not covered by a liability insurance
policy in accordance with Section 7-601) $500 is sustained,
shall, as soon as possible but not later than 10 days after the
accident, forward a written report of the accident to the
Administrator.
    (b) Whenever a school bus is involved in an accident in
this State, caused by a collision, a sudden stop or otherwise,
resulting in any property damage, personal injury or death and
whenever an accident occurs within 50 feet of a school bus in
this State resulting in personal injury to or the death of any
person while awaiting or preparing to board the bus or
immediately after exiting the bus, the driver shall as soon as
possible but not later than 10 days after the accident, forward
a written report to the Department of Transportation. If a
report is also required under Subsection (a) of this Section,
that report and the report required by this Subsection shall be
submitted on a single form.
    (c) The Administrator may require any driver, occupant or
owner of a vehicle involved in an accident of which report must
be made as provided in this Section or Section 11-410 of this
Chapter to file supplemental reports whenever the original
report is insufficient in the opinion of the Secretary of State
or the Administrator, and may require witnesses of the accident
to submit written reports to the Administrator. The report may
include photographs, charts, sketches, and graphs.
    (d) Should the Administrator learn through other reports of
accidents required by law of the occurrence of an accident
reportable under this Article and the driver, owner, or witness
has not reported as required under Subsections (a), (b) or (c)
of this Section or Section 11-410, within the time specified,
the person is not relieved of the responsibility and the
Administrator shall notify the person by first class mail
directed to his last known address of his legal obligation.
However, the notification is not a condition precedent to
impose the penalty for failure to report as provided in
Subsection (e).
    (e) The Secretary of State shall suspend the driver's
license or any non-resident's driving privilege of any person
who fails or neglects to make report of a traffic accident as
required or as required by any other law of this State.
(Source: P.A. 87-829.)

Effective Date: 1/1/2009