(625 ILCS 5/6-519) (from Ch. 95 1/2, par. 6-519)
Sec. 6-519. Driving Record Information To Be Furnished. Notwithstanding
any other provision of law to the contrary, the Secretary of State shall
furnish the following information regarding a commercial driver's driving record:
all information on CDLIS driver records to the driver licensing administrator of any other State; all information on CDLIS driver records to the U.S. Department of Transportation; all information on the CDLIS driver record obtained on the CDLIS motor vehicle record to the affected driver or a motor carrier or prospective motor carrier requesting such
information; all information on the CDLIS driver record obtained on the CDLIS motor vehicle record of a current or prospective driver to a motor carrier or prospective motor carrier requesting such information within 10 days of the request; and any other entity or person authorized to receive such
information pursuant to Section 2-123 of this Code.
(Source: P.A. 97-208, eff. 1-1-12.)
|
(625 ILCS 5/6-520) (from Ch. 95 1/2, par. 6-520)
Sec. 6-520. CDL disqualification or out-of-service order; hearing.
(a) A disqualification of commercial driving privileges by the Secretary of
State, pursuant to this UCDLA, shall not become effective until the person
is notified in writing, by the Secretary, of the impending disqualification
and advised that a CDL hearing may be requested of the Secretary if the stop or arrest occurred in a commercial motor vehicle.
(b) Upon receipt of: the notice of a CDL disqualification not based upon
a conviction; an out-of-service order; or notification that a CDL
disqualification is forthcoming, the person may make a written petition in
a form, approved by the Secretary of State, for a CDL hearing with the Secretary if the stop or arrest occurred in a commercial motor vehicle. Such
petition must state the grounds upon which the person seeks to have the CDL
disqualification rescinded or the out-of-service order removed from the
person's driving record. Within 10 days after the receipt of such
petition, it shall be reviewed by the Director of the Department of
Administrative Hearings, Office of the Secretary of State, or by an
appointed designee. If it is determined that the petition on its face does
not state grounds upon which the relief may be based, the petition for a
CDL hearing shall be denied and the disqualification shall become effective
as if no petition had been filed and the out-of-service order shall be
sustained. If such petition is so denied, the person may submit another
petition.
(c) The scope of a CDL hearing, for any disqualification imposed
pursuant to paragraphs (1) and (2) of subsection (a) of Section 6-514, resulting from the operation of a commercial motor vehicle, shall
be limited to the following issues:
1. Whether the person was operating a commercial | ||
| ||
2. Whether, after making the initial stop, the police | ||
| ||
3. Whether the person was verbally warned of the | ||
| ||
4. Whether the person did refuse to submit to or | ||
| ||
5. Whether the person was warned that if the test or | ||
| ||
6. Whether such results could not be used to impose | ||
| ||
Upon the conclusion of the above CDL hearing, the CDL
disqualification imposed shall either be sustained or rescinded.
(d) The scope of a CDL hearing for any out-of-service sanction, imposed
pursuant to Section 6-515, shall be limited to the following issues:
1. Whether the person was driving a commercial motor | ||
| ||
2. Whether, while driving such commercial motor | ||
| ||
3. Whether the person was verbally warned of the | ||
| ||
4. Whether, after being so warned, the person did | ||
| ||
Upon the conclusion of the above CDL hearing, the out-of-service sanction
shall
either be sustained or removed from the person's driving record.
(e) If any person petitions for a hearing relating to any CDL
disqualification based upon a conviction, as defined in this UCDLA, said
hearing shall not be conducted as a CDL hearing, but shall be conducted as
any other driver's license hearing, whether formal or informal, as
promulgated in the rules and regulations of the Secretary.
(f) Any evidence of alcohol or other drug consumption, for the
purposes of this UCDLA, shall be sufficient probable cause for requesting the
driver to submit to a chemical test or tests to determine the presence of
alcohol, other drug, or both in the person's system and the subsequent issuance
of an out-of-service order or a Sworn Report by a police officer.
(g) For the purposes of this UCDLA, a CDL "hearing" shall
mean a hearing before the Office of the Secretary of State in accordance
with Section 2-118 of this Code, for the
purpose of resolving differences or disputes specifically related to the
scope of the issues identified in this Section relating to the operation of a commercial motor vehicle. These proceedings will be
a matter of record and a final appealable order issued. The petition for a
CDL hearing shall not stay or delay the effective date of the impending
disqualification.
(h) The CDL hearing may be conducted upon a review of the police
officer's own official reports; provided however, that the petitioner may
subpoena the officer. Failure of the officer to answer the subpoena shall be
grounds for a continuance.
(i) Any CDL disqualification based upon a statutory summary suspension or revocation resulting from an arrest of a CDL holder while operating a non-commercial motor vehicle, may only be contested by filing a petition to contest the statutory summary suspension or revocation in the appropriate circuit court as provided for in Section 2-118.1 of this Code.
(Source: P.A. 95-382, eff. 8-23-07; 96-1344, eff. 7-1-11 .)
|
(625 ILCS 5/6-521)
(from Ch. 95 1/2, par. 6-521)
Sec. 6-521. Rulemaking Authority.
(a) The Secretary of State, using the
authority to license motor vehicle operators under this Code, may adopt
such rules and regulations as may be necessary to establish standards,
policies and procedures for the licensing and sanctioning of commercial
motor vehicle
drivers in order to meet the requirements of the Commercial Motor Vehicle
Act of 1986 (CMVSA); subsequent federal rulemaking under 49 C.F.R. Part
383 or Part 1572; and administrative and policy decisions of the U.S.
Secretary of
Transportation and the Federal Motor Carrier Safety Administration. The Secretary may,
as provided in the CMVSA, establish stricter requirements for the licensing
of commercial motor vehicle drivers than those established by the federal
government.
(b) By January 1, 1994, the Secretary of State shall establish rules and
regulations for the issuance of a
restricted commercial driver's license
for farm-related service industries
consistent with federal guidelines. The restricted license
shall be available for a seasonal period or periods not to exceed a total of
180 days in any 12 month period.
(c) (Blank).
(d) By July 1, 1995, the Secretary of State shall
establish rules and regulations for the issuance and cancellation
of a School Bus Driver's Permit. The permit shall be required for
the operation of a school bus as provided in subsection (c), a non-restricted
CDL
with passenger endorsement, or a properly classified driver's
license. The permit will establish that the school bus driver has
met all the requirements of the application and screening process
established by Section 6-106.1 of this Code.
(Source: P.A. 98-726, eff. 1-1-15 .)
|
(625 ILCS 5/6-522) (from Ch. 95 1/2, par. 6-522)
Sec. 6-522.
Authority to Enter Agreements.
The Secretary of State may
enter into or make agreements, arrangements, or declarations to carry out
the provisions of this UCDLA.
(Source: P.A. 86-845.)
|
(625 ILCS 5/6-523) (from Ch. 95 1/2, par. 6-523)
Sec. 6-523. Reciprocity. (a) Notwithstanding any law to the contrary, a
person may drive a commercial motor vehicle in this State if the person has
a valid CDL, non-domiciled CDL, CLP, or non-domiciled CLP issued by
another State or foreign jurisdiction as long as that person has not been
an established domiciliary of this State for 30 days or more.
(b) The Secretary of State shall give out of state convictions full
faith and credit and treat them for sanctioning purposes, under this UCDLA,
just as if they occurred in this State.
(c) A CLP or CDL issued by this State or any other state before the date on and after which the state is prohibited from issuing CLPs or CDLs under 49 C.F.R. Part 384, remains valid until its stated expiration date.
(Source: P.A. 98-176 (see Section 10 of P.A. 98-722 and Section 10 of P.A. 99-414 for the effective date of changes made by P.A. 98-176).)
|
(625 ILCS 5/6-524) (from Ch. 95 1/2, par. 6-524)
Sec. 6-524. Penalties.
(a) Every person convicted of violating any
provision of this UCDLA for which another penalty is not provided shall for
a first offense be guilty of a petty offense; and for a second conviction
for any offense committed within 3 years of any previous offense, shall be
guilty of a Class B misdemeanor.
(b) Any person convicted of violating subsection (b) of Section 6-506 of
this Code shall be subject to a civil penalty as set forth in 49 CFR Part 386, Appendix B.
(c) Any person or employer convicted of violating paragraph (5) of subsection (a) or subsection (b-3) or (b-5) of Section 6-506 shall be subject to a civil penalty as set forth in 49 CFR Part 386, Appendix B. (d) Any person convicted of violating paragraph (2) or (3) of subsection (b) or subsection (b-3) or (b-5) of Section 6-507 shall be subject to a civil penalty as set forth in 49 CFR Part 386, Appendix B.
(Source: P.A. 102-749, eff. 1-1-23 .)
|
(625 ILCS 5/6-525) (from Ch. 95 1/2, par. 6-525)
Sec. 6-525. Severability. The provisions of this UCDLA shall be
severable and if any phrase, clause, sentence or provision of this UCDLA is
declared to be contrary to the Constitutions of this State, or of the
United States, such unconstitutionality shall not affect the validity of
the remainder of this UCDLA.
(Source: P.A. 101-81, eff. 7-12-19.)
|
(625 ILCS 5/6-526) Sec. 6-526. Prohibition against texting. (a) A driver may not engage in texting while driving a commercial motor vehicle. (b) A motor carrier may not allow or require its drivers to engage in texting while driving a commercial motor vehicle. (c) For the purpose of this Section, when a person is operating a commercial motor vehicle, driving means operating a commercial motor vehicle on a highway, including while temporarily stationary because of traffic, a traffic control device, or other momentary delays. Driving does not include operating a commercial motor vehicle when the driver has moved the vehicle to the side of, or off, a highway and has halted in a location where the vehicle can safely remain stationary. (d) Texting while driving is permissible by a driver of a commercial motor vehicle when necessary to communicate with law enforcement officials or other emergency services.
(Source: P.A. 97-829, eff. 1-1-13.) |
(625 ILCS 5/6-527) Sec. 6-527. Using a hand-held mobile telephone. (a) A driver may not use a hand-held mobile telephone while driving a commercial motor vehicle. (b) A motor carrier may not allow or require its drivers to use a hand-held mobile telephone while driving a commercial motor vehicle. (c) For the purpose of this Section, driving means operating a commercial motor vehicle on a highway, including while temporarily stationary because of traffic, a traffic control device, or other momentary delays. Driving does not include operating a commercial motor vehicle when the driver has moved the vehicle to the side of, or off, a highway and has halted in a location where the vehicle can safely remain stationary. (d) Using a hand-held mobile telephone is permissible by a driver of a commercial motor vehicle when necessary to communicate with law enforcement officials or other emergency services.
(Source: P.A. 97-829, eff. 1-1-13.) |
(625 ILCS 5/Ch. 6 Art. VI heading) ARTICLE VI.
PENALTIES
|
(625 ILCS 5/6-601) (from Ch. 95 1/2, par. 6-601)
Sec. 6-601. Penalties.
(a) It is a petty offense for any person to violate any of the
provisions of this Chapter unless such violation is by this Code or other
law of this State declared to be a misdemeanor or a felony.
(b) General penalties. Unless another penalty is in this Code
or other laws of this State, every person convicted of a petty
offense for the violation of any provision of this Chapter shall be
punished by a fine of not more than $500.
(c) Unlicensed driving. Except as hereinafter provided a violation
of Section 6-101 shall be:
1. A Class A misdemeanor if the person failed to | ||
| ||
2. A Class B misdemeanor if the person has been | ||
| ||
3. A petty offense if the person has been issued a | ||
| ||
If a licensee under this Code is convicted of violating Section 6-303 for
operating a motor vehicle during a time when such licensee's driver's license
was suspended under the provisions of Section 6-306.3 or 6-308, then such act shall be
a petty offense (provided the licensee has answered the charge which was the
basis of the suspension under Section 6-306.3 or 6-308), and there shall be imposed no
additional like period of suspension as provided in paragraph (b) of Section
6-303.
(d) For violations of this Code or a similar provision of a local ordinance for which a violation is a petty offense as defined by Section 5-1-17 of the Unified Code of Corrections, excluding business offenses as defined by Section 5-1-2 of the Unified Code of Corrections or a violation of Section 15-111 or subsection (d) of Section 3-401 of this Code, if the violation may be satisfied without a court appearance, the violator may, pursuant to Supreme Court Rule, satisfy the case with a written plea of guilty and payment of fines, penalties, and costs as established by the Supreme Court for the offense. (Source: P.A. 101-652, eff. 1-1-23 .)
|
(625 ILCS 5/Ch. 6 Art. VII heading) ARTICLE VII.
DRIVER LICENSE COMPACT
|
(625 ILCS 5/6-700) (from Ch. 95 1/2, par. 6-700)
Sec. 6-700.
Definitions.
As used in this compact:
(a) "State" means a state, territory or possession of the United States,
the District of Columbia, or the Commonwealth of Puerto Rico.
(b) "Home state" means the state which has issued and has the power to
suspend or revoke the use of the license or permit to operate a motor
vehicle.
(c) "Conviction" means a conviction of any offense related to the use or
operation of a motor vehicle which is prohibited by state law, municipal
ordinance or administrative rule or regulation, or a forfeiture of bail,
bond or other security deposited to secure appearance by a person charged
with having committed any such offense, and which conviction or forfeiture
is required to be reported to the licensing authority.
(Source: P.A. 76-1615.)
|
(625 ILCS 5/6-701) (from Ch. 95 1/2, par. 6-701)
Sec. 6-701.
Findings and declaration of policy.
(a) The party states find that:
1. The safety of their streets and highways is | ||
| ||
2. Violation of such a law or ordinance is evidence | ||
| ||
3. The continuance in force of a license to drive is | ||
| ||
(b) It is the policy of each of the party states to:
1. Promote compliance with the laws, ordinances and | ||
| ||
2. Make the reciprocal recognition of licenses to | ||
| ||
(Source: P.A. 76-1615 .)
|
(625 ILCS 5/6-702) (from Ch. 95 1/2, par. 6-702)
Sec. 6-702.
Reports of Conviction.
The licensing authority of a party state shall report each conviction of
a person from another party state occurring within its jurisdiction to the
licensing authority of the home state of the licensee. Such report shall
clearly identify the person convicted; describe the violation specifying
the section of the statute, code or ordinance violated; identify the court
in which action was taken; indicate whether a plea of guilty or not guilty
was entered, or the conviction was a result of the forfeiture of bail, bond
or other security; and shall include any special findings made in
connection therewith.
(Source: P.A. 76-1615.)
|
(625 ILCS 5/6-703) (from Ch. 95 1/2, par. 6-703)
Sec. 6-703. Effect of conviction.
(a) The licensing authority in the home state, for the purposes of
suspension, revocation or limitation of the license to operate a motor
vehicle, shall give the same effect to the conduct reported, pursuant to
Section 6-702, as it would if such conduct had occurred in the home state,
in the case of convictions for:
1. Manslaughter or negligent homicide resulting from | ||
| ||
2. Driving a motor vehicle while under the influence | ||
| ||
3. Any felony in the commission of which a motor | ||
| ||
4. Failure to stop and render aid in the event of a | ||
| ||
(b) As to other convictions, reported pursuant to Section 6-702, the
licensing authority in the home state shall give such effect to the conduct
as is provided by the laws of the home state.
(c) If the laws of a party state do not provide for offenses or
violations denominated or described in precisely the words employed in
paragraph (a) of this Section, such party state shall construe the
denominations and descriptions appearing in paragraph (a) hereof as being
applicable to and identifying those offenses or violations of a
substantially similar nature, and the laws of such party state shall
contain such provision as may be necessary to ensure that full force and
effect is given to this Section.
(Source: P.A. 102-982, eff. 7-1-23 .)
|
(625 ILCS 5/6-704) (from Ch. 95 1/2, par. 6-704)
Sec. 6-704. Applications for new licenses.
Upon application for a license to drive, the licensing authority in a
party state shall ascertain whether the applicant has ever held, or is the
holder of a license to drive issued by any other party state. The licensing
authority in the state where application is made shall not issue a license
to drive to the applicant if:
1. The applicant has held such a license, but the | ||
| ||
2. The applicant has held such a license, but the | ||
| ||
3. The applicant is the holder of a license to drive | ||
| ||
(Source: P.A. 98-176 (see Section 10 of P.A. 98-722 and Section 10 of P.A. 99-414 for the effective date of changes made by P.A. 98-176).)
|
(625 ILCS 5/6-705) (from Ch. 95 1/2, par. 6-705)
Sec. 6-705.
Applicability of Other Laws.
Except as expressly required by provisions of this compact, nothing
contained herein shall be construed to affect the right of any party state
to apply any of its other laws relating to the licenses to drive to any
person or circumstance, nor to invalidate or prevent any driver license
agreement or other cooperative arrangement between a party state and a
nonparty state.
(Source: P.A. 76-1615.)
|
(625 ILCS 5/6-706) (from Ch. 95 1/2, par. 6-706)
Sec. 6-706.
Compact Administrator and Interchange of Information.
(a) The head of the licensing authority of each party state shall be
administrator of this compact for his state. The administrators, acting
jointly, shall have the power to formulate all necessary and proper
procedures for the exchange of information under this compact.
(b) The administrator of each party state shall furnish to the
administrator of each other party state any information or documents
reasonably necessary to facilitate the administration of this compact.
(Source: P.A. 76-1615.)
|
(625 ILCS 5/6-707) (from Ch. 95 1/2, par. 6-707)
Sec. 6-707.
Entry into Force and Withdrawal.
(a) This compact shall enter into force and become effective as to any
state when it has enacted the same into law.
(b) Any party state may withdraw from this compact by enacting a statute
repealing the same, but no such withdrawal shall take effect until 6 months
after the executive head of the withdrawing state has given notice of the
withdrawal to the executive heads of all other party states. No withdrawal
shall affect the validity or applicability by the licensing authorities of
states remaining party to the compact of any report of conviction occurring
prior to the withdrawal.
(Source: P.A. 76-1615.)
|
(625 ILCS 5/6-708) (from Ch. 95 1/2, par. 6-708)
Sec. 6-708. Construction and Severability. (a) This compact shall be liberally construed so as to effectuate the
purposes thereof. The provisions of this compact shall be severable and if
any phrase, clause, sentence or provision of this compact is declared to be
contrary to the constitution of any party state or of the United States or
the applicability thereof to any government, agency, person or circumstance
is held invalid, the validity of the remainder of this compact and the
applicability thereof to any government, agency, person or circumstance
shall not be affected thereby. If this compact shall be held contrary to
the constitution of any state party thereto, the compact shall remain in
full force and effect as to the remaining states and in full force and
effect as to the state affected as to all severable matters.
(b) As used in the compact, the term "licensing authority" with
reference to this state, means the Secretary of State. The Secretary of
State shall furnish to the appropriate authorities of any other party state
any information or documents reasonably necessary to facilitate the
administration of Sections 6-702, 6-703 and 6-704 of the compact.
(c) The compact administrator provided for in Section 6-706 of the
compact shall not be entitled to any additional compensation on account of
his service as such administrator, but shall be entitled to expenses
incurred in connection with his duties and responsibilities as such
administrator, in the same manner as for expenses incurred in connection
with any other duties or responsibilities of his office or employment.
(d) As used in the compact, with reference to this state, the term
"executive head" shall mean the Governor.
(e) The phrase "manslaughter or negligent homicide," as used in
subparagraph (1) of paragraph (a) of Section 6-703 of the compact includes
the offense of reckless homicide as defined in Section 9-3 of the Criminal
Code of 1961 or the Criminal Code of 2012, or in any predecessor
statute, as well as the offenses of second degree murder and involuntary
manslaughter.
The offense described in subparagraph (2) of paragraph (a) of Section
6-703 of the compact includes any violation of Section 11-501 of this
Code or any similar provision of a local ordinance.
The offense described in subparagraph (4) of paragraph (a) of Section
6-703 of the compact includes any violation of paragraph (a) of Section
11-401 of this Code.
(Source: P.A. 97-1150, eff. 1-25-13.)
|
(625 ILCS 5/Ch. 6 Art. VIII heading) ARTICLE VIII.
NONRESIDENT VIOLATOR COMPACT
|
(625 ILCS 5/6-800) (from Ch. 95 1/2, par. 6-800)
Sec. 6-800.
The Nonresident Violator Compact, hereinafter referred to
as the Compact, is hereby enacted into law and entered into with all other
jurisdictions legally joining therein.
(Source: P.A. 83-385.)
|
(625 ILCS 5/6-801) (from Ch. 95 1/2, par. 6-801)
Sec. 6-801.
Findings, Declaration of Policy and Purpose.
(a) The party
jurisdictions find that:
1. In most instances, a motorist who is cited for a traffic violation
in a jurisdiction other than the motorist's home jurisdiction:
(i) Must post collateral or bond to secure appearance for trial at a later date; or
(ii) If unable to post collateral or bond, is taken into custody until
the collateral or bond is posted; or
(iii) Is taken directly to court for immediate disposition.
2. A motorist receiving a traffic citation in the motorist's home jurisdiction
is permitted, except for certain violations, to accept the citation from the
officer at the scene of the violation, voluntarily deposit a valid driver's
license and immediately continue after promising or being instructed to
comply with the terms of the citation.
3. The purpose of the practices described in subsections 1 and 2 of paragraph
(a) is to ensure compliance with the terms of a traffic citation by the
motorist who, if permitted to continue after receiving the traffic citation,
could return to the motorist's home jurisdiction and disregard any duty
under the terms of the traffic citation.
4. The practice described in subsection 1 of paragraph (a) causes unnecessary
inconvenience and, at times, a hardship for the motorist who is unable at
the time to post collateral, furnish a bond, stand trial, or pay the fine,
and thus is compelled to remain in custody until some arrangement can be made.
5. The deposit of a driver's license as a bail bond, as described in subsection
2 of paragraph (a), is viewed with disfavor.
6. The practices described herein consume an undue amount of law enforcement time.
(b) It is the policy of the party jurisdictions to:
1. Seek compliance with the laws, ordinances, and administrative rules
and regulations relating to the operation of motor vehicles in each of
the jurisdictions.
2. Allow a motorist to accept a traffic citation for certain violations
and proceed without delay whether or not the motorist is a resident of the
jurisdiction in which the citation was issued.
3. Extend cooperation to its fullest extent among the jurisdictions for
obtaining compliance with the terms of a traffic citation issued in one
jurisdiction to a resident of another jurisdiction.
4. Maximize effective utilization of law enforcement personnel and assist
court systems in the efficient disposition of traffic violations.
(c) The purpose of the Compact is to:
1. Provide a means through which the party jurisdictions may participate
in a reciprocal program to effectuate the policies enumerated in paragraph
(b) above in a uniform and orderly manner.
2. Provide for the fair and impartial treatment of traffic violators operating
within party jurisdictions in recognition of the motorist's right of due
process and the sovereign status of a party jurisdiction.
(Source: P.A. 83-385.)
|
(625 ILCS 5/6-802) (from Ch. 95 1/2, par. 6-802)
Sec. 6-802.
Definitions.
In the Nonresident Violator Compact, the following
words have the meanings indicated, unless the context requires otherwise.
1. "Citation" means any summons, ticket, or other official document issued
by a police officer for a traffic violation containing an order which requires
the motorist to respond.
2. "Collateral" means any cash or other security deposited to secure an
appearance for trial, following the issuance by a police officer of a citation
for a traffic violation.
3. "Court" means a court of law or traffic tribunal.
4. "Driver's license" means any license or privilege to operate a motor
vehicle issued under the laws of this State.
5. "Home Jurisdiction" means the jurisdiction that issued the driver's
license of the traffic violator.
6. "Issuing jurisdiction" means the jurisdiction in which the traffic
citation was issued to the motorist.
7. "Jurisdiction" means a state, territory, or possession of the United
States, the District of Columbia, or the Commonwealth of Puerto Rico.
8. "Motorist" means a driver of a motor vehicle operating in a party jurisdiction.
9. "Personal recognizance" means an agreement by a motorist made at the
time of issuance of the traffic citation that such motorist will comply
with the terms of that traffic citation.
10. "Police officer" means every officer authorized to make arrests and
issue citations for traffic violations.
11. "Secretary" means the Illinois Secretary of State.
12. "Terms of the citation" means those options expressly stated upon the citation.
(Source: P.A. 83-385.)
|
(625 ILCS 5/6-803) (from Ch. 95 1/2, par. 6-803)
Sec. 6-803. Procedure for issuing jurisdiction. (a) When issuing a citation
for a traffic violation, a police officer shall issue the citation
to a motorist who possesses a valid driver's license issued by a party
jurisdiction
and shall not, subject to paragraph (b) of this
Section, require the motorist to post collateral to secure appearance, if
the officer receives the motorist's personal recognizance to comply with
the terms of the citation.
(b) Personal recognizance is acceptable only if not prohibited by law.
If mandatory appearance is required, it must take place according to law,
following issuance of the citation.
(c) Upon failure of a motorist to comply with the terms of a traffic citation,
the appropriate official shall report the failure to comply, in a manner
prescribed by the Secretary, to the licensing authority of the jurisdiction
in which the traffic citation was issued. The report shall be made in accordance
with procedures specified by the Secretary and shall contain information
as specified by the Secretary as minimum requirements for effective processing
by the home jurisdiction.
(d) Upon receipt of the report, the Secretary shall transmit to the licensing
authority in the home jurisdiction of the motorist the information in a
form and content as contained in the Compact Manual.
(e) The Secretary may not suspend the privileges of a motorist for whom
a report has been transmitted, under the terms of this Compact, to another
member jurisdiction.
(f) The Secretary shall not transmit a report on any violation if the
date of transmission is more than 6 months after the date on which the traffic
citation was issued.
(g) The Secretary shall not transmit a report on any violation where the
date of issuance of the citation predates the most recent of the effective
dates of entry for the two jurisdictions affected.
(Source: P.A. 100-674, eff. 1-1-19 .)
|
(625 ILCS 5/6-804) (from Ch. 95 1/2, par. 6-804)
Sec. 6-804.
Procedure for Home Jurisdiction.
(a) Upon receipt of a
report of a failure to comply from the Secretary, the licensing authority
of the home jurisdiction shall notify the motorist and initiate a suspension
action in accordance with the home jurisdiction's procedures to suspend
the motorist's driver's license until satisfactory
evidence of compliance with the terms of the traffic citation has been furnished
to the Secretary. Due process safeguards will be accorded.
(b) The Secretary shall maintain a record of actions taken and make reports
to issuing jurisdictions as provided in the Compact Manual.
(Source: P.A. 83-385.)
|
(625 ILCS 5/6-805) (from Ch. 95 1/2, par. 6-805)
Sec. 6-805.
Applicability of Other Laws.
Except as expressly required
by provisions of this Compact, nothing contained herein shall be construed
to affect the right of any party jurisdiction to apply any of its other
laws relating to licenses to drive to any person or circumstance, or to
invalidate or prevent any driver license agreement or other cooperative
agreement between a party jurisdiction and a nonparty jurisdiction.
(Source: P.A. 83-385.)
|
(625 ILCS 5/6-806) (from Ch. 95 1/2, par. 6-806)
Sec. 6-806.
Compact Administrator Procedures.
(a) For the purpose of
administering the provisions of this Compact and to serve as a governing
body for the resolution of all matters relating to the operation of this
Compact, a Board of Compact Administrators is established. The Board shall
be composed of one representative from each party jurisdiction to be known
as the Compact Administrator. The Compact Administrator shall be appointed
by the Secretary and will serve and be subject to removal in accordance
with the laws of the jurisdiction represented. A Compact Administrator
may provide for the discharge of duties and the performance of the functions
as a Board Member to an alternate. An alternate may not be entitled to
serve unless written identification notice has been given to the Board.
(b) Each member of the Board of Compact Administrators shall be entitled
to one vote. No action of the Board shall be binding unless taken at a
meeting at which a majority of the total number of votes on the Board are
cast in favor. Action by the Board shall be only at a meeting at which
a majority of the party jurisdictions are represented.
(c) The Board shall elect annually, from its membership, a Chairman and Vice Chairman.
(d) The Board shall adopt bylaws, not inconsistent with the provisions
of this Compact or the laws of a party jurisdiction, for the conduct of
its business and shall have the power to amend and rescind its bylaws.
(e) The Board may accept, for any of its purposes and functions under
this Compact, any and all donations, grants of money, equipment, supplies,
materials and services, conditional or otherwise, from any jurisdiction,
the United States, or any other governmental agency, and may receive, utilize
and dispose of the same.
(f) The Board may contract with, or accept services or personnel from,
any governmental or intergovernmental agency, person, firm, or corporation,
or any private nonprofit organization or institution.
(g) The Board shall formulate all necessary procedures and develop uniform
forms and documents for administering the provisions of this Compact. All
procedures and forms adopted pursuant to Board action shall be contained
in the Compact Manual.
(Source: P.A. 83-385.)
|
(625 ILCS 5/6-807) (from Ch. 95 1/2, par. 6-807)
Sec. 6-807.
Entry into Compact and Withdrawal.
(a) This Compact shall
become effective when it has been adopted by at least 2 jurisdictions.
(b) Entry into the Compact shall be made by a Resolution of Ratification
executed by the Secretary and submitted to the Chairman of the Board.
1. The resolution shall be in a form and content as provided in the Compact
Manual and shall include statements that in substance are as follows:
(i) A citation of the authority by which the jurisdiction is empowered
to become a party to this Compact.
(ii) Agreement to comply with the terms and provisions of the Compact.
(iii) That Compact entry is with all jurisdictions then party to the Compact
and with any jurisdiction that legally becomes a party to the Compact.
2. The effective date of entry shall be specified by the Secretary, but
it shall not be before July 1, 1984 nor fewer than 60 days after notice
has been given by the Chairman of the Board of Compact Administrators or
by the American Association of Motor Vehicle Administrators that each party
jurisdiction has received the Secretary's resolution.
A withdrawal shall not take effect until 90 days after notice of withdrawal
is given. The notice shall be directed to the Compact Administrator of
each member jurisdiction. No withdrawal shall affect the validity of this
Compact as to the remaining party jurisdictions.
(Source: P.A. 83-385.)
|
(625 ILCS 5/6-808) (from Ch. 95 1/2, par. 6-808)
Sec. 6-808.
Exceptions.
The provisions of this Compact shall not apply
to parking or standing violations, highway weight limit violations, or to
violations of law governing the transportation of hazardous materials.
(Source: P.A. 83-385.)
|
(625 ILCS 5/6-809) (from Ch. 95 1/2, par. 6-809)
Sec. 6-809.
Amendments to the Compact.
(a) This Compact may be amended
from time to time. Amendments shall be presented in resolution form to
the Chairman of the Board of Compact Administrators and may be initiated
by one or more party jurisdictions.
(b) Adoption of an amendment shall require endorsement of all party jurisdictions
and shall become effective 30 days after the date of the last endorsement.
(c) Failure of a party jurisdiction to respond to the Compact Chairman
within 12 days after receipt of the proposed amendment shall constitute endorsement.
(Source: P.A. 83-385.)
|
(625 ILCS 5/6-810) (from Ch. 95 1/2, par. 6-810)
Sec. 6-810.
Construction.
This Compact shall be liberally construed
so as to effectuate the purposes stated herein.
If this Compact shall be held contrary to the Constitution of any jurisdiction
party thereto, the Compact shall remain in full force and effect as to the
remaining jurisdictions.
(Source: P.A. 83-385.)
|
(625 ILCS 5/Ch. 6 Art. IX heading) ARTICLE IX.
DRIVER'S LICENSE MEDICAL REVIEW LAW OF 1992
|
(625 ILCS 5/6-900) (from Ch. 95 1/2, par. 6-900)
Sec. 6-900.
Short title.
This Article may be cited as the Driver's
License Medical Review Law of 1992.
(Source: P.A. 87-1249.)
|
(625 ILCS 5/6-901) (from Ch. 95 1/2, par. 6-901)
Sec. 6-901. Definitions. For the purposes of this
Article:
"Board" means the Driver's License Medical Advisory Board.
"Medical examiner" or "medical practitioner" means: (i) any person licensed to practice medicine in all | ||
| ||
(ii) a licensed physician assistant; or (iii) a licensed advanced practice registered nurse. (Source: P.A. 99-173, eff. 7-29-15; 100-513, eff. 1-1-18 .)
|
(625 ILCS 5/6-902) (from Ch. 95 1/2, par. 6-902)
Sec. 6-902.
Driver's License Medical Advisory Board; membership; terms;
compensation; meetings.
(a) There is established within the Office of the Secretary of State a
Driver's License Medical Advisory Board consisting of at least 9 members
appointed by the Secretary. Members' terms of service shall be set by the
Secretary at his or her discretion. The members of the Board shall receive
compensation from the Secretary at a rate per day designated by the Secretary
for each day required for transacting business of the Board and shall be
reimbursed for expenses reasonably incurred in the performance of their duties.
The Secretary may also call in allied medical personnel to advise and consult
with the Board. The Secretary shall select one of the members to act as
Chairperson.
(b) The Board, or any of its subdivisions, may meet at any place within
the State and shall meet at the call of the Secretary as frequently as he
or she deems necessary in order to properly discharge the functions
prescribed by this Act.
(Source: P.A. 87-1249.)
|
(625 ILCS 5/6-903) (from Ch. 95 1/2, par. 6-903)
Sec. 6-903.
Standard for determining medical limitation; records.
(a) The Secretary in cooperation with the Board shall establish standards
for determining the degree to which a person's medical condition
constitutes a limitation to the person's ability to operate a motor vehicle
or causes the person to be a driving hazard.
(b) The standards may include, but need not be limited to, the following:
(1) Physical disorders characterized by momentary or | ||
| ||
(2) Disorders and impairments affecting the | ||
| ||
(3) Musculoskeletal disabilities and disorders | ||
| ||
(4) Vision and disorders affecting vision.
(5) The use of or dependence upon alcohol or drugs.
(6) The extent to which compensatory aids and devices | ||
| ||
(7) Conditions or disorders that medically impair a | ||
| ||
(Source: P.A. 87-1249.)
|
(625 ILCS 5/6-904) (from Ch. 95 1/2, par. 6-904)
Sec. 6-904.
Referral of cases by the Secretary.
The Secretary shall,
when he or she has good cause to believe an individual by reason of a
medical limitation would not be able to operate a motor vehicle safely,
refer a case to the Board for consideration.
(Source: P.A. 87-1249.)
|
(625 ILCS 5/6-905) (from Ch. 95 1/2, par. 6-905)
Sec. 6-905.
Medical evaluations of individuals under review; scope of
driving privileges; report to the Secretary.
(a) Within the scope of the case request, as sent by the Secretary, a
function of the Board shall be to make medical evaluations of the
individual under review and determine what medical conditions exist that
may impair the individual's ability to operate a motor vehicle safely.
(b) Based on the medical evaluations and determination under subsection (a)
and in accordance with established standards, the Board shall, among other
things, indicate the scope of driving privileges that would enable the
individual under review to operate a motor vehicle safely, including the extent
to which compensatory aids and devices must be used and the need for ongoing
review or evaluation.
(c) The findings, determination, and recommendations of the Board or its
subdivisions shall be forwarded to the Secretary who shall then take the
action in accordance with the Board's recommendation.
(Source: P.A. 87-1249.)
|
(625 ILCS 5/6-906) (from Ch. 95 1/2, par. 6-906)
Sec. 6-906.
Request for a hearing.
(a) After utilizing all possible review by the Board under this Act or
any regulation promulgated by the Secretary, any person who has their
driver's license restricted or canceled or is otherwise denied a license has
a right to request a hearing under Section 2-118 of this Code. The request for
a hearing shall be in writing.
(b) The Secretary shall prescribe by rule and regulation the procedures
to be followed at the hearing.
(Source: P.A. 87-1249.)
|
(625 ILCS 5/6-907) (from Ch. 95 1/2, par. 6-907)
Sec. 6-907.
Cooperation required of person under review.
(a) In making an inquiry or conducting a hearing the Secretary or Board
may require the person under review to:
(1) Submit to a medical examination by a medical | ||
| ||
(2) Submit to a medical examination by an impartial | ||
| ||
(3) Consent to make available to the Secretary or | ||
| ||
(b) Any person under review who refuses to submit to an examination or to
consent to provide information, or both, shall as a matter of law be
considered unqualified to operate a motor vehicle until the individual
complies with the Secretary's or Board's request and the Board is able to
make its findings and recommendations, at which time the findings and
recommendations shall control.
(c) The results of any examination ordered or conducted by the Secretary
or the Board shall be made available to the individual under review.
(Source: P.A. 87-1249.)
|
(625 ILCS 5/6-908) (from Ch. 95 1/2, par. 6-908)
Sec. 6-908. Confidential information. As provided in subsection (j) of
Section 2-123 of this Code, all information furnished to the Secretary or
Board, the results of all examinations made at their direction, and all medical
findings of the Board shall be confidential and for the sole use of the Board
and the Secretary which may have access to the same for the purposes as set
forth in this Act. Except as provided in this Section, no confidential information may be open to public
inspection or the contents disclosed to anyone, except the person under review
and then only to the extent necessary to comply with a request for discovery
during the hearing process, unless so directed by a court of competent
jurisdiction. If the Secretary receives a medical report regarding a driver that does not address a medical condition contained in a previous medical report, the Secretary may disclose the unaddressed medical condition to the driver or his or her physician, or both, solely for the purpose of submission of a medical report that addresses the condition.
(Source: P.A. 97-229, eff. 7-28-11.)
|
(625 ILCS 5/6-909) (from Ch. 95 1/2, par. 6-909)
Sec. 6-909.
Rules and regulations; review under Administrative Review
Law. The Secretary, in cooperation with the Board, shall administer and
enforce this Act and shall have the power to make and institute reasonable
rules and regulations as necessary to carry out the provisions of this Act.
(Source: P.A. 87-1249.)
|
(625 ILCS 5/6-910) (from Ch. 95 1/2, par. 6-910)
Sec. 6-910.
Liability of persons for information supplied to Board or
Secretary. No member of the Board, medical practitioner, clinic, hospital, or
mental institution, whether public or private, shall be liable or subject
to criminal or civil action for any opinions, findings, or recommendations,
or for any information supplied to the Secretary or the Board regarding
persons under review, or for reports required by this Act, except for
willful and wanton misconduct.
(Source: P.A. 87-1249.)
|
(625 ILCS 5/6-911) (from Ch. 95 1/2, par. 6-911)
Sec. 6-911.
Information submitted by medical practitioners; police
officers; State's attorneys; or members of the judiciary. Any qualified
medical practitioner, commissioned police officer, State's attorney, or
member of the judiciary acting in his or her official capacity may submit
information to the Secretary relative to the medical condition of a
person, including suspected chronic alcoholism or habitual use of
narcotics or dangerous drugs, if the condition interferes with the person's
ability to operate a motor vehicle safely. Persons reporting under this
Section shall enjoy the same immunities granted members of the Board under
Section 6-910.
(Source: P.A. 87-1249.)
|
(625 ILCS 5/6-912) (from Ch. 95 1/2, par. 6-112)
Sec. 6-912.
Severability.
The provisions of this Article are severable
under Section 1.31 of the Statute on Statutes.
(Source: P.A. 87-1249.)
|
(625 ILCS 5/Ch. 6 Art. X heading)
ARTICLE X. ENHANCED SKILLS DRIVING SCHOOLS
(Source: P.A. 96-740, eff. 1-1-10.) |
(625 ILCS 5/6-1001) Sec. 6-1001. Enhanced skills driving schools. (a) As used in this Code, "enhanced skills driving school" means a school for teaching advanced driving skills, such as emergency braking, crash avoidance, and defensive driving techniques to licensed drivers for a fee, and does not mean a school for preparing students for examinations given by the Secretary of State. (b) No person, firm, association, partnership, or corporation shall operate an enhanced skills driving school unless issued a license by the Secretary. No enhanced skills driving school may prepare students for examinations given by the Secretary of State unless the school is also licensed under Article IV of Chapter 6 of this Code. (c) All behind-the-wheel instructions, practice, and experience offered by enhanced skills driving schools shall be on private property, such as race course facilities. The Secretary of State shall have the authority to inspect all facilities and to adopt rules to provide standards for enhanced skills driving school facilities. No behind-the-wheel instruction, practice, or experience may be given on public roadways. (d) The curriculum for courses and programs offered by enhanced skills driving schools shall be reviewed and approved by the Secretary.
(Source: P.A. 96-740, eff. 1-1-10.) |
(625 ILCS 5/6-1002) Sec. 6-1002. Enhanced skills driving school qualifications. In order to qualify for a license to operate an enhanced skills driving school, each applicant must: (1) be of good moral character; (2) be at least 21 years of age; (3) maintain bodily injury and property damage | ||
| ||
(4) have the equipment necessary to the giving of | ||
| ||
(5) pay to the Secretary of State an application fee | ||
| ||
(Source: P.A. 102-982, eff. 7-1-23 .) |
(625 ILCS 5/6-1003) Sec. 6-1003. Display of license. Each enhanced skills driving school must display at a prominent place in its main office all of the following: (1) The State license issued to the school; (2) The names, addresses, and State instructors | ||
| ||
(3) The addresses of each branch office and branch | ||
| ||
(Source: P.A. 96-740, eff. 1-1-10.) |
(625 ILCS 5/6-1004) Sec. 6-1004. Qualifications of enhanced skills driving school instructors. In order to qualify for a license as an instructor for an enhanced skills driving school, an applicant must: (1) be of good moral character; (2) have never been convicted of driving while under | ||
| ||
(3) be physically able to operate safely a motor | ||
| ||
(4) hold a valid drivers license; and (5) pay to the Secretary of State an application and | ||
| ||
(Source: P.A. 102-982, eff. 7-1-23 .) |
(625 ILCS 5/6-1005) Sec. 6-1005. Renewal of license; enhanced skills driving school. The license of each enhanced skills driving school may be renewed subject to the same conditions as the original license, and upon the payment of a renewal license fee of $500 and $50 for each renewal of a branch application.
(Source: P.A. 96-740, eff. 1-1-10.) |
(625 ILCS 5/6-1006) Sec. 6-1006. Renewal of license; enhanced skills driving school instructor. The license of each enhanced skills driving school instructor may be renewed subject to the same conditions of the original license, and upon the payment of annual renewal license fee of $70.
(Source: P.A. 96-740, eff. 1-1-10.) |
(625 ILCS 5/6-1007) Sec. 6-1007. Licenses; form and filing. All applications for renewal of an enhanced skills driving school license or instructor's license shall be on a form prescribed by the Secretary, and must be filed with the Secretary not less than 15 days preceding the expiration date of the license to be renewed.
(Source: P.A. 96-740, eff. 1-1-10.) |
(625 ILCS 5/6-1008) Sec. 6-1008. Instructor's records. Every enhanced skills driving school shall keep records regarding instructors, students, courses, and equipment, as required by administrative rules prescribed by the Secretary. Such records shall be open to the inspection of the Secretary or his representatives at all reasonable times.
(Source: P.A. 96-740, eff. 1-1-10.) |
(625 ILCS 5/6-1009) Sec. 6-1009. Denial, cancellation, suspension, revocation, and failure to renew license. The Secretary may deny, cancel, suspend or revoke, or refuse to renew any enhanced skills driving school license or any enhanced skills driving school instructor license: (1) When the Secretary is satisfied that the licensee | ||
| ||
(2) Whenever the licensee fails to keep records | ||
| ||
(3) Whenever the licensee fails to comply with any | ||
| ||
(4) Whenever the licensee represents himself or | ||
| ||
(5) Whenever the licensee or any employee or agent of | ||
| ||
(6) Whenever the licensee is convicted of driving | ||
| ||
(Source: P.A. 102-982, eff. 7-1-23 .) |
(625 ILCS 5/6-1010) Sec. 6-1010. Judicial review. The action of the Secretary in canceling, suspending, revoking, or denying any license under this Article shall be subject to judicial review in the Circuit Court of Sangamon County or the Circuit Court of Cook County, and the provisions of the Administrative Review Law and the rules adopted pursuant thereto are hereby adopted and shall apply to and govern every action for judicial review of the final acts or decisions of the Secretary under this Article.
(Source: P.A. 96-740, eff. 1-1-10.) |
(625 ILCS 5/6-1011) Sec. 6-1011. Injunctions. If any person, firm, association, partnership, or corporation operates in violation of any provision of this Article, or any rule, regulation, order, or decision of the Secretary of State established under this Article, or in violation of any term, condition, or limitation of any license issued under this Article, the Secretary of State, or any other person injured as a result, or any interested person, may apply to the circuit court of the county where the violation or some part occurred, or where the person complained of has an established or additional place of business or resides, to prevent the violation. The court may enforce compliance by injunction or other process restraining the person from further violation and compliance.
(Source: P.A. 96-740, eff. 1-1-10.) |
(625 ILCS 5/6-1012) Sec. 6-1012. Rules and regulations. The Secretary is authorized to prescribe by rule standards for the eligibility, conduct, and operation of enhanced driver skills training schools, and instructors and to adopt other reasonable rules and regulations necessary to carry out the provisions of this Article.
(Source: P.A. 96-740, eff. 1-1-10.) |
(625 ILCS 5/6-1013) Sec. 6-1013. Deposit of fees. Fees collected under this Article shall be disbursed under subsection (g) of Section 2-119 of this Code.
(Source: P.A. 99-127, eff. 1-1-16 .) |
(625 ILCS 5/Ch. 7 heading) CHAPTER 7.
ILLINOIS SAFETY AND FAMILY
FINANCIAL RESPONSIBILITY LAW
|
(625 ILCS 5/Ch. 7 Art. I heading) ARTICLE I.
ADMINISTRATION
|
(625 ILCS 5/7-100) (from Ch. 95 1/2, par. 7-100)
Sec. 7-100. Definition of words and phrases. Notwithstanding the definitions
set forth in Chapter 1, for the purposes of this Chapter,
the following words shall have the following meanings ascribed to them:
Administrative order of support. An order for the support of dependent children issued by an administrative body of this or any other State.
Administrator. The Department of Transportation.
Arrearage. The total amount of unpaid support obligations.
Authenticated document. A document from a court which contains a court
stamp, showing it is filed with the court, or notarized, or is certified by
the custodian of the original.
Compliance with a court order of support. The support
obligor is no more than an amount equal to 90 days obligation in arrears in
making payments in full for current support, or in making periodic payments on
a support arrearage as determined by a court.
Court order of support. A judgment order for the
support of dependent children issued by a court of this State, including
a judgment of dissolution of marriage. With regard to a certification by the Department of Healthcare and Family Services under subsection (c) of Section 7-702, the term "court order of support" shall include an order of support entered by a court of this or any other State.
Driver's license. A license or permit to operate a motor vehicle in the
State, including the privilege of a person to drive a motor vehicle whether or
not the person holds a valid license or permit.
Family financial responsibility driving permit. A permit granting
limited driving privileges for employment or medical purposes
following a suspension of driving privileges under the Family
Financial Responsibility Law. This permit is valid only after the
entry of a court order granting the permit and issuance of the
permit by the Secretary of State's Office. An individual's driving
privileges must be valid except for the family financial
responsibility suspension in order for this permit to be issued.
In order to be valid, the permit must be in the immediate
possession of the driver to whom it is issued.
Judgment. A final judgment of any court of competent jurisdiction of any
State, against a person as defendant for damages on account of bodily
injury to or death of any person or damages to property resulting from the
operation of any motor vehicle.
Obligor. The individual who owes a duty to make payments under a court
order of support.
Obligee. The individual or other legal entity to whom a duty of support is
owed through a court order of support or the individual's
legal
representatives.
(Source: P.A. 95-685, eff. 10-23-07.)
|
(625 ILCS 5/7-101) (from Ch. 95 1/2, par. 7-101)
Sec. 7-101.
Administration of Illinois Safety and Family Financial
Responsibility Law. The Secretary of State and the Department, within the scope
of their respective duties and powers under this Code, shall administer and
enforce this Chapter and may make rules and regulations necessary for its
administration and shall provide for hearings upon request of persons aggrieved
by orders or acts of the Secretary of State, and the Department under this
Section. However, the Secretary of State and the clerks of the circuit courts,
within the scope of their respective duties and powers under this Code, shall
administer and enforce Article VII of this Chapter.
(Source: P.A. 89-92, eff. 7-1-96.)
|
(625 ILCS 5/7-102) (from Ch. 95 1/2, par. 7-102)
Sec. 7-102.
Court Review.
The provisions of the Administrative Review Law,
and all amendments and modifications thereof, and the rules adopted
pursuant thereto, shall apply to and govern all proceedings for the
judicial review of final administrative decisions of the Administrator or
the Secretary of State hereunder.
(Source: P.A. 90-89, eff. 1-1-98.)
|
(625 ILCS 5/Ch. 7 Art. II heading)
ARTICLE II. SECURITY FOLLOWING CRASH
(Source: P.A. 102-982, eff. 7-1-23 .)
|
(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 crash 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 crash is subject to Section 7-601 but is not covered by a liability insurance policy in accordance with Section 7-601) was sustained, shall determine:
1. Whether Section 7-202 of this Code requires the | ||
| ||
2. What amount of security shall be sufficient to | ||
| ||
(Source: P.A. 102-982, eff. 7-1-23 .)
|
(625 ILCS 5/7-201.1) (from Ch. 95 1/2, par. 7-201.1)
Sec. 7-201.1.
If the Administrator has not received a report required
to be filed under Sections 11-406 and 11-410, or if the information
contained in a report is insufficient, the Administrator shall send to the
person required to file the report a written request for the missing report
or the missing information. The Administrator shall send such request no
later than 45 days after the crash or 7 days after receiving information
that such crash has occurred, whichever is later.
If the request is sent to a driver involved in a crash, the request
or an attachment thereto shall contain in bold print a warning that failure
to comply with the request within 15 days may result in the suspension of
the driver's license.
(Source: P.A. 102-982, eff. 7-1-23 .)
|
(625 ILCS 5/7-201.2) (from Ch. 95 1/2, par. 7-201.2)
Sec. 7-201.2.
The Administrator, within 30 days after compiling
sufficient information on a motor vehicle crash, shall certify to the
Secretary of State the name of each owner and the name of each operator of
any vehicle involved in the crash, his determination that security is
required under this Code, and the amount of the security. The
Administrator also shall supply to the Secretary of State a copy of any
crash report requested by the Secretary.
The Administrator shall send a copy of the certification to each person
whose name is certified. The copy, or an attachment thereto, shall contain
in bold print an explanation that, because the person did not furnish the
Department of Transportation with evidence that he or she is insured or
otherwise able to pay for damages resulting from the crash, the person's
name has been forwarded to the Secretary of State for possible suspension
of his or her driver's license.
(Source: P.A. 102-982, eff. 7-1-23 .)
|
(625 ILCS 5/7-201.3) (from Ch. 95 1/2, par. 7-201.3)
Sec. 7-201.3.
Administrator to itemize potential claims.
The
Administrator shall send by mail to the person required to deposit
security an itemization of each potential claim of personal injury or
property damage and the name and address of each potential claimant within
the knowledge of the Administrator and upon which the determination of the
amount of security is based.
(Source: P.A. 84-797.)
|
(625 ILCS 5/7-202) (from Ch. 95 1/2, par. 7-202)
Sec. 7-202. Exceptions to requirements of security. (a) The requirements
as to security and suspension as provided by Sections 7-201 and 7-205 shall not apply:
1. To the driver or owner if such owner had in | ||
| ||
2. To the driver, if not the owner of such vehicle, | ||
| ||
3. To the driver or owner if the liability of such | ||
| ||
4. To the driver or owner, if such owner is qualified | ||
| ||
5. To the owner if such owner at the time of such | ||
| ||
6. To the driver or owner if such owner at the time | ||
| ||
7. To the owner if the vehicle involved in such motor | ||
| ||
8. To the driver or the owner of a vehicle involved | ||
| ||
9. To the driver or the owner of a vehicle which at | ||
| ||
10. To the owner of a vehicle if at the time of the | ||
| ||
11. To the driver, if not the owner, of a commercial | ||
| ||
(b) If at the time of the motor vehicle crash, an owner or
driver is covered by a motor vehicle liability policy or bond meeting the
requirements of this Code, such owner or driver shall be exempt
from suspension under Section 7-205 as to that motor vehicle crash,
if the company issuing the policy or bond has failed, and such policy or
bond was not effective at the time of the motor vehicle crash or
any time thereafter, provided, that the owner or driver had no knowledge
of the company's failure prior to the motor vehicle crash, and such
owner or driver has secured within 30 days after learning of such failure
another liability policy or bond meeting the requirements of the Code relating
to future occurrences or motor vehicle crashes.
As used in this paragraph, the words "failed" or "failure"
mean that the company has suspended operations by order of a court.
(Source: P.A. 102-982, eff. 7-1-23 .)
|
(625 ILCS 5/7-203) (from Ch. 95 1/2, par. 7-203)
Sec. 7-203. Requirements as to policy or bond. No such policy or bond referred to in Section 7-202 shall
be effective under this Section unless issued by an insurance company or
surety company authorized to do business in this State, except that if
such motor vehicle was not registered in this State, or was a motor
vehicle which was registered elsewhere than in this State at the
effective date of the policy or bond, or the most recent renewal
thereof, such policy or bond shall not be effective under this Section
unless the insurance company or surety company, if not authorized to do
business in this State, shall execute a power of attorney authorizing
the Secretary of State to accept service on its behalf of notice or
process in any action upon such policy or bond arising out of such
motor vehicle crash. However, every such policy or bond is subject, if
the motor vehicle crash has resulted in bodily injury or death, to
a limit, exclusive of interest and costs, of not less than $25,000 because of
bodily injury to or death of any one person in any one motor vehicle
crash and, subject to said limit for one person, to a limit of not less than
$50,000 because of bodily injury to or death of 2 or more persons
in any one motor vehicle crash, and, if the motor vehicle crash
has resulted in injury to or destruction of property, to a limit of not
less than $20,000 because of injury to or destruction of
property of others
in any one motor vehicle crash. The changes to this Section made by this amendatory Act of the 98th General Assembly apply only to policies issued or renewed on or after January 1, 2015.
Upon receipt of a written motor vehicle crash
report from the Administrator the insurance company or surety company
named in such notice shall notify the Administrator within such time and
in such manner as the Administrator may require, in case such policy or
bond was not in effect at the time of such motor vehicle crash.
(Source: P.A. 102-982, eff. 7-1-23 .)
|
(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 crash is subject to Section 7-601 but is not covered by a liability insurance policy in accordance with Section 7-601).
(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 crash.
(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 | ||
| ||
2. To any person who sustained damage to personal or | ||
| ||
3. To any person who was injured as a result of the | ||
| ||
4. To the estate of any person killed as a result of | ||
| ||
(Source: P.A. 102-982, eff. 7-1-23 .)
|
(625 ILCS 5/7-205) (from Ch. 95 1/2, par. 7-205)
Sec. 7-205.
Failure to deposit security - Hearings and suspensions.
The Secretary of State, within 15 days after receipt of the
determination of the Administrator that a deposit of security is required
under this Code, shall review all reports, documents and
other pertinent evidence in his possession, and make a preliminary finding
as to whether or not there is a reasonable possibility of a civil
judgment being entered in a court of proper jurisdiction against the
person so certified by the Administrator under this Code.
(a) Upon a preliminary finding that there is such a reasonable
possibility, the Secretary of State shall notify such person by mail that his driving
privileges, driver's license or registration will be suspended
45 days after the date of the mailing of the notice unless the person can
prove to the satisfaction of the Secretary of State that he has deposited
or has had deposited and filed on his behalf the security required under
this Code or, within 15 days of the mailing of such
notice, requests
a formal hearing to determine whether his driving privileges, driver's license
or registration should be suspended or whether the Secretary should enter
an order of exoneration, and that such hearing shall be scheduled within
45 days after the mailing of such notice in accordance with the rules and
regulations of the Secretary of State.
(b) Upon a preliminary finding that there is not such a reasonable
possibility, the Secretary of State may elect to take
no further action.
(c) In the event an order of suspension so entered applies to a nonresident
owner or driver, then the
privilege of driving or using a motor vehicle within the territorial limits
of this State shall be so suspended.
(Source: P.A. 84-797.)
|
(625 ILCS 5/7-206) (from Ch. 95 1/2, par. 7-206)
Sec. 7-206.
Release from liability.
(a) A person shall be
relieved from the requirement for deposit of security required by Section
7-201 in the event there shall be filed with the Secretary
of State satisfactory evidence that the person
who would otherwise be required to deposit security has been released from liability.
(b) A covenant not to sue shall relieve the parties thereto
as to each other from the security requirements of this Article.
(Source: P.A. 83-831.)
|
(625 ILCS 5/7-207) (from Ch. 95 1/2, par. 7-207)
Sec. 7-207.
Adjudication of non-liability.
A person shall be relieved from the requirement for deposit of security,
required by Section 7-201 of this Act, in the event there shall be filed
with the Secretary of State evidence satisfactory of a final adjudication
of non-liability.
(Source: P.A. 77-327.)
|
(625 ILCS 5/7-208) (from Ch. 95 1/2, par. 7-208)
Sec. 7-208. Agreements for payment of damages. (a) Any 2
or more of the persons involved in
a motor vehicle crash subject
to the provisions of Section 7-201 or their authorized representatives,
may at any time enter into a
written agreement for the payment of an agreed amount in installments, with
respect to all claims for injuries or damages resulting from the motor
vehicle crash.
(b) The Secretary of State, to the extent provided by any
such written agreement properly filed with him, shall not require the
deposit of security and shall terminate any prior order of suspension, or,
if security has
previously been deposited, the Secretary of State shall immediately return
such security to the depositor or an appropriate personal representative.
(c) In the event of a default in any payment under such agreement
and upon notice of such default the Secretary of State shall forthwith suspend
the driver's license and registration, or nonresident's
operating privileges, of such person in default which shall not be restored
unless and until:
1. Such person deposits and thereafter maintains | ||
| ||
2. Two years have elapsed since the acceptance of the | ||
| ||
3. The person enters into a second written agreement | ||
| ||
(Source: P.A. 102-982, eff. 7-1-23 .)
|
(625 ILCS 5/7-209) (from Ch. 95 1/2, par. 7-209)
Sec. 7-209. Payment upon judgment. The payment of a judgment arising out
of a motor vehicle crash or the payment upon such judgment
of an amount equal to the maximum amount which could be required for deposit
under this Article shall for the purposes of this Code be
deemed satisfied.
(Source: P.A. 102-982, eff. 7-1-23 .)
|
(625 ILCS 5/7-210) (from Ch. 95 1/2, par. 7-210)
Sec. 7-210.
Termination of Security Requirement.
The Secretary of State, if satisfied as to the existence of any fact
which under Sections 7-206, 7-207, 7-208, or 7-209 would entitle a person
to be relieved from the security requirements of this Article, shall not
require the deposit of security by the person so relieved from such
requirement and shall terminate any prior order of suspension in respect to
such person, or if security has previously been deposited by such person,
the Secretary of State shall immediately return such deposit to such
person.
(Source: P.A. 76-1586.)
|
(625 ILCS 5/7-211) (from Ch. 95 1/2, par. 7-211)
Sec. 7-211. Duration of suspension.
(a) Unless a suspension is terminated
under other provisions of this Code, the driver's license or registration
and nonresident's operating privilege suspended as provided in Section
7-205 shall remain suspended and shall not be renewed nor shall any
license or registration be issued to the person until:
1. The person deposits or there shall be deposited | ||
| ||
2. Two years have elapsed following the date the | ||
| ||
3. Receipt of proper notice that the person has filed | ||
| ||
4. After the expiration of 5 years from the date of | ||
| ||
5. The statute of limitations has expired and the | ||
| ||
An affidavit that no action at law for damages arising
out of the motor vehicle crash has been filed against the applicant,
or if filed that it is not still pending shall be prima facie evidence
of that fact. The Secretary of State may take whatever steps are necessary
to verify the statement set forth in the applicant's affidavit.
(b) The driver's license or registration and nonresident's operating
privileges suspended as provided in Section 7-205 shall also remain suspended
and shall not be renewed nor shall any license or registration be issued to the
person until the person gives proof of his or her financial responsibility in
the future as provided in Section 1-164.5. The proof is to be
maintained by the
person in a manner satisfactory to the Secretary of State for a period of 3
years after the date the proof is first filed.
(Source: P.A. 102-52, eff. 1-1-22; 102-982, eff. 7-1-23 .)
|
(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 crash, but in no event for an
amount less than $1,500 (or $500 if any of the vehicles involved in the crash is subject to Section 7-601 but is not covered by a liability insurance policy in accordance with Section 7-601), 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
crash 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 or her 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. 102-982, eff. 7-1-23 .)
|
(625 ILCS 5/7-213) (from Ch. 95 1/2, par. 7-213)
Sec. 7-213.
Custody of security.
Security deposited in compliance with
the requirements of this Article shall be placed by the Secretary
of State in the custody of the State Treasurer.
(Source: P.A. 83-831.)
|
(625 ILCS 5/7-214) (from Ch. 95 1/2, par. 7-214)
Sec. 7-214. Disposition of security. Such security shall be applicable only to the payment of a judgment or
judgments, rendered against the person or persons on whose behalf the
deposit was made, for damages arising out of the crash in question, in
an action at law, begun not later than the later of
(i)
the expiration of the relevant statute of limitations
or (ii) 2 years after the
date of any default in any payment under an installment agreement for payment
of damages, and such deposit or any balance thereof shall be returned to the
depositor or his or her personal representative when evidence satisfactory to the
Secretary of State has been filed with him:
1. that there has been a release from liability, or | ||
| ||
2. a duly acknowledged written agreement in | ||
| ||
3. whenever after the expiration of the statute of | ||
| ||
If, after releasing security to a judgment debtor or claimant, the balance of the security posted with the Secretary is $5 or less, the balance shall be transferred to the General Revenue Fund. The
Secretary shall compile a list of all security amounts of $5 or less annually in July and shall certify that amount to the State Comptroller. As soon as possible after receiving the certification, the State Comptroller shall order transferred and the State Treasurer shall transfer the amount certified to the General Revenue Fund. (Source: P.A. 102-52, eff. 1-1-22; 102-982, eff. 7-1-23 .)
|
(625 ILCS 5/7-215) (from Ch. 95 1/2, par. 7-215)
Sec. 7-215.
Matters not to be evidence in civil suits.
Any action taken pursuant to this Chapter, or the Rules and
Regulations adopted hereunder, or findings of the Administrator or the Secretary
of State upon which such action is based, or the security filed as provided in
this Article shall not be referred to in any way, nor shall
it be any evidence of the negligence or due care of either party, at the
trial of any civil action to recover damages.
(Source: P.A. 83-831.)
|
(625 ILCS 5/7-216) (from Ch. 95 1/2, par. 7-216)
Sec. 7-216. Reciprocity; residents and nonresidents; licensing of nonresidents. (a) When
a nonresident's operating privilege is suspended
pursuant to Section 7-205 the Secretary of State shall transmit a certified
copy of the record of such action to the official in charge of the issuance
of driver's license and registration certificates in the state in which
such nonresident resides, if the law of such other
state provides for action in relation thereto similar to that provided for
in subsection (b).
(b) Upon receipt of such certification that the operating
privilege of a resident of this State has been suspended or revoked in any such other
state pursuant to a law providing for its suspension or revocation for
failure to deposit security for the payment of judgments arising out of a
motor vehicle crash, or for failure to deposit security under
circumstances which would require the Secretary of State to suspend a
nonresident's operating privilege had the motor
vehicle crash occurred in this State, the Secretary of State shall
suspend the driver's license of such resident and all other registrations.
Such suspension shall continue until such resident
furnishes evidence of compliance with the law of such other state
relating to the deposit of such security.
(c) In case the operator or the owner of a motor vehicle involved
in a motor vehicle crash within this State has no driver's
license or registration, such operator shall not be allowed a
driver's license or registration until the operator has complied
with the requirements of Sections 7-201 through 7-216 to the same extent that would be
necessary if, at the time of the motor vehicle crash, such operator
had held a license and registration.
(Source: P.A. 102-982, eff. 7-1-23 .)
|
(625 ILCS 5/Ch. 7 Art. III heading) ARTICLE III.
PROOF OF
FINANCIAL RESPONSIBILITY FOR THE FUTURE
|
(625 ILCS 5/7-301) (from Ch. 95 1/2, par. 7-301)
Sec. 7-301.
Application of Article III.
The provisions of this Article
requiring the deposit of proof of financial responsibility for the future,
subject to certain exemptions, shall apply with respect to persons whose
driver's license or driving privileges have been revoked as provided by
this Code, or who have failed to pay judgments amounting to $500 or
more as defined in Section 7-303.
(Source: P.A. 86-549; 87-829.)
|
(625 ILCS 5/7-302) (from Ch. 95 1/2, par. 7-302)
Sec. 7-302.
(Repealed).
(Source: P.A. 85-1396. Repealed by P.A. 90-89, eff. 1-1-98.)
|
(625 ILCS 5/7-303) (from Ch. 95 1/2, par. 7-303)
Sec. 7-303. Suspension of driver's licenses, registration
certificates, license plates or digital license plates, and registration stickers or digital registration stickers for failure to satisfy
judgment. (a) The Secretary of State shall, except as provided in paragraph
(d), suspend the driver's license issued to any
person upon receiving an authenticated report as hereinafter provided for
in Section 7-307 that the
person has failed for a period of 30 days to satisfy any final
judgment in amounts as hereinafter stated, and shall also suspend the
registration certificate, license plates or digital license plates, and registration
sticker or digital registration sticker of the judgment debtor's motor vehicle involved in the crash as indicated in the authenticated report.
(b) The term "judgment" shall mean: A final judgment of any court of
competent jurisdiction of any State, against a person as defendant for
damages on account of bodily injury to or death of any person or damages to
property resulting from the operation, on and after July 12, 1938, of any
motor vehicle.
(c) The term "State" shall mean: Any State, Territory, or possession of
the United States, the District of Columbia, or any province of the
Dominion of Canada.
(d) The Secretary of State shall not suspend the driver's
license, registration certificates, registration stickers or digital registration stickers, or license
plates or digital license plates of the judgment debtor, nor shall such judgment debtor be subject
to the suspension provisions of Sections 7-308 and 7-309 if all the following
conditions are met:
1. At the time of the motor vehicle crash which gave | ||
| ||
2. The insurance company which issued the policy or | ||
| ||
3. The judgment debtor had no knowledge of the | ||
| ||
4. Within 30 days after learning of the insurance | ||
| ||
5. The insurance company which issued the motor | ||
| ||
6. The judgment debtor presents to the Secretary of | ||
| ||
(Source: P.A. 101-395, eff. 8-16-19; 102-982, eff. 7-1-23 .)
|
(625 ILCS 5/7-304) (from Ch. 95 1/2, par. 7-304)
Sec. 7-304.
Proof required.
Upon the revocation of a driver's
license of any person as provided in Section 6-113, 6-205 or 6-206, the
Secretary of State shall suspend any and all of the registration certificates,
license
plates and registration stickers issued for any
motor vehicle registered in the name of such person as owner except that
the Secretary shall not suspend such evidences of registration
in the event such owner has previously given or shall immediately give
the Secretary and thereafter maintain for a period of
3 years, proof of financial responsibility in the manner hereinafter
specified in this Article with respect to each and every motor vehicle owned
and registered by such person.
(Source: P.A. 83-831.)
|
(625 ILCS 5/7-305) (from Ch. 95 1/2, par. 7-305)
Sec. 7-305.
Suspension until proof furnished.
The suspension of such
certificates
of registration, license plates and registration stickers
of such person as provided for in Section 7-304 shall remain in
effect and the Secretary of State shall not issue to any such person any
new or renewal of driver's license and shall not register
or re-register in the name of such person any motor vehicle until permitted
under this Article and not then unless and until said person
gives proof of his financial responsibility in the future, as defined in
this Code, such proof to be maintained by said person in
a manner satisfactory to the Secretary of State for a period of 3 years
after the date such proof is first filed.
(Source: P.A. 90-89, eff. 1-1-98.)
|