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Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
VEHICLES (625 ILCS 5/) Illinois Vehicle Code. 625 ILCS 5/5-105
(625 ILCS 5/5-105) (from Ch. 95 1/2, par. 5-105)
Sec. 5-105. Investigation of licensee required. Every person seeking
a license under Chapter 5 of this Act, as part of the application process,
authorizes an investigation to determine if the applicant has ever been
convicted of a crime and if so, the disposition of those convictions. This
authorization shall indicate the scope of the inquiry and the agencies which
may be contacted. Upon this authorization the Secretary of State may request
and receive information and assistance from any Federal, State or local
governmental agency as part of the authorized investigation. The Illinois State Police shall provide information concerning
any criminal convictions
and their disposition brought against the applicant upon request of the
Secretary of State when the request is made in the form and manner required
by the Illinois State Police. The information
derived from this
investigation, including the source of
this information, and any conclusions or recommendations derived from this
information by the Secretary of State shall be provided to the applicant
or his designee. Upon request to the Secretary of State prior to any final
action by the Secretary of State on the application, no information obtained
from such investigation may be placed in any automated information system.
Any criminal convictions and their disposition information
obtained by the Secretary of State shall be confidential and may not be
transmitted outside the Office of the Secretary of State, except
as required herein, and may not be transmitted to anyone within the Office
of the Secretary of State except as needed for the purpose of evaluating
the application.
All criminal convictions and their disposition and information obtained
by the Division of Investigation shall be destroyed no later than 60 days
after the Division of Investigation has made a final ruling on the application,
and all rights of appeal have expired and pending appeals have been completed.
The only physical identity materials which the applicant can be required
to provide the Secretary of State are photographs or fingerprints. Only
information and standards which bear a reasonable and rational relation
to the performance of a licensee shall be used by the Secretary of State.
The Secretary of State shall adopt rules and regulations for the administration
of this Section. Any employee of the Secretary of State who gives or causes
to be given away any confidential information concerning any criminal
convictions
and their disposition of an applicant shall be guilty of a Class A misdemeanor.
(Source: P.A. 102-538, eff. 8-20-21.)
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625 ILCS 5/5-106
(625 ILCS 5/5-106) (from Ch. 95 1/2, par. 5-106)
Sec. 5-106.
No person may keep open, operate, or assist in keeping open
or operating any established or additional place of business for the
purpose of buying, selling, bartering, exchanging, or leasing for a period
of 1 year or more, or offering for sale, barter, exchange, or lease for a
period of 1 year or more, any motor vehicle, whether new or used, on the
first day of the week, commonly called Sunday; provided, that this Section
does not apply to the opening of an established or additional place of
business on Sunday for the following purposes:
(1) to sell petroleum products, tires or repair parts | |
(2) to operate and conduct a motor vehicle repair
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(3) to supply services for the washing, towing or
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(4) to participate in a trade show exhibition or
| | display exhibition by a dealer who has been granted a permit by the Secretary of State pursuant to Section 5-102.1 of this Article;
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(5) to sell motorcycles, motor driven cycles,
| | motorized pedalcycles when offered for sale by a dealer licensed under Sections 5-101 and 5-102 to sell only such motor vehicles;
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(6) to offer for sale manufactured housing;
(7) to sell self-contained motor homes, mini motor
| | homes, van campers and recreational trailers when offered for sale by a dealer at an established or additional place of business where only such vehicles are displayed or offered for sale. This exemption includes dealers with off site sales or trade show exhibition permits issued pursuant to subsection (d) of Section 5-102.1 of this Article.
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(Source: P.A. 89-551, eff. 1-1-97.)
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625 ILCS 5/5-107
(625 ILCS 5/5-107) (from Ch. 95 1/2, par. 5-107)
Sec. 5-107. Bond exemption. The following persons shall be exempt from
the bond required
in Sections 5-101 and 5-102: (1) Any person who has been
continuously
licensed under Section 5-101 or 5-102 since calendar year
1983; (2) any licensee who as determined by the Secretary of State, has
faithfully and continuously complied with conditions of the bond
requirement for a period of 60 consecutive months after the effective date of this amendatory Act of the 100th General Assembly.
This exemption shall continue for each licensee until such time as he may
be determined by the Secretary of State to be delinquent or deficient in
the transmittal of title and registration fees or taxes.
A person whose license is cancelled due to the voluntary surrender of
such license, who applies for a new license for the same license year or
one license year after the license year of the cancelled license, will
remain exempt under paragraph (1) above if the only break in the continuous
licensure is caused by the cancellation due to the voluntary surrender of
the license.
(Source: P.A. 100-450, eff. 1-1-18 .)
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625 ILCS 5/5-108
(625 ILCS 5/5-108) (from Ch. 95 1/2, par. 5-108)
Sec. 5-108.
Vehicle Referral and Marketing Services.
Nothing in this
Code shall be construed to prohibit a credit union, as defined in the
Illinois Credit Union Act, a bank, as defined in the Illinois Banking Act,
or any firm, copartnership, association or corporation from advertising the
sale of motor vehicles by licensed dealers or advertising motor vehicle
purchase opportunities from licensed dealers, from referring potential
purchasers of motor vehicles to licensed dealers, or from soliciting
purchasers of motor vehicles for licensed dealers. However, any motor
vehicle sale resulting from those activities may only be consummated by a
dealer licensed under Section 5-101 or 5-102 of this Code.
(Source: P.A. 87-380.)
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625 ILCS 5/5-109
(625 ILCS 5/5-109)
Sec. 5-109. Manufacturers and distributors; fees.
(a) "Manufacturer" means any person who manufactures or assembles new
motor vehicles either within or without of this State.
(b) "Distributor" means any person who distributes or sells new motor
vehicles to new vehicle dealers, or who maintains distributor representatives
in this State, and who is not a manufacturer.
(c) Each manufacturer and distributor doing business in this State shall
pay an annual fee of $1500 to the Secretary of State to be deposited into the Motor Vehicle Review Board Fund.
(Source: P.A. 99-127, eff. 1-1-16 .)
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625 ILCS 5/Ch. 5 Art. II
(625 ILCS 5/Ch. 5 Art. II heading)
ARTICLE II.
TRANSPORTERS
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625 ILCS 5/5-201
(625 ILCS 5/5-201) (from Ch. 95 1/2, par. 5-201)
Sec. 5-201.
Transporters must apply for in-transit plates.
(a) No person shall engage in this State in the business as a
transporter until such person shall apply for and receive from the
Secretary of State a generally distinctive set of two "in-transit license
plates" for any vehicle so transported by him.
(b) An application for a generally distinctive number under this Article
shall be filed with the Secretary of State, duly verified by oath and in
such form as the Secretary of State may by rule or regulation prescribe and
shall contain the name and business address of such person, the
certificate, registration or permit number issued by the Illinois Commerce
Commission and such other information concerning the business of the
applicant as the Secretary of State may by rule or regulation prescribe. If
the applicant does not hold a certificate, registration or permit from the
Illinois Commerce Commission to so transport, such application shall be
denied.
(c) An application for a generally distinctive set of two "in-transit
license plates" shall be accompanied by the prescribed fee. Upon the
payment of such license fee, such application shall be filed and recorded
in the office of the Secretary of State. Thereupon the Secretary of State
shall assign and issue to such person a generally distinctive number and
without any further expense to him shall deliver to such person at his
business address a certificate of registration in such form as the
Secretary of State may prescribe and one set of two "in-transit license
plates" with a number corresponding to the number of such certificate of
registration. Such in-transit plates shall be used by such person only on
vehicles transported, but not owned, by him.
(d) Except as provided in sub-section (3) hereof, all certificates of
registration and "in-transit plates" granted under this Section shall
expire by operation of law on December 31 of the calendar year for which
they are granted unless sooner revoked under the provisions of Section
5-501 of this Chapter.
(e) A certificate of registration under this Article may be renewed upon
application and payment of the fee required herein as in the case of an
original application, provided, however, that in case an application for
renewal of an effective registration is made during the month of December,
such existing registration shall remain in force until such application for
renewal is granted by the Secretary of State.
(f) Any person registered as a transporter under the Article may make
application for additional duplicate sets of "in-transit plates" on such
form as the Secretary of State may by rule or regulation prescribe, from
time to time to obtain as many duplicate sets of "in-transit plates" as he
may desire upon payment of the prescribed fee for each set. Such duplicate
plates shall bear the number of that person's original certificate of
registration.
(g) In case of loss or destruction of one license plate issued to a
transporter under this Section such transporter may obtain a duplicate of
the same by filing an affidavit to that effect with the Secretary of State,
accompanied by the prescribed fee.
(h) An original "in-transit plate" or a duplicate shall be attached to
the front and rear of each vehicle so transported in this State; provided,
that if one such vehicle is towing another such vehicle, one plate or
duplicate plate shall be attached to the front of the towing vehicle and
one such plate to the rear of the rearmost towed vehicle.
(i) Anything in this Chapter to the contrary notwithstanding, the
provisions of this Section shall not apply to a non-resident engaged in
such business and using the public highways of this State if he has an
"in-transit plate" or license from the State, foreign country or province,
territory or federal district of which he is a resident and such State,
country, province, territory or district grants a like exemption to
residents of this State.
(Source: P.A. 76-1586.)
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625 ILCS 5/5-202
(625 ILCS 5/5-202) (from Ch. 95 1/2, par. 5-202)
Sec. 5-202. Tow or Wrecker operators must register tow or wrecker
vehicles. (a) No person in this State shall engage in the business of operating a
tow truck or wrecker or operate a tow or wrecker vehicle until
such person shall register any vehicle to be used for such purpose and
apply for and receive from the Secretary of State a generally distinctive
set of 3 "tow truck" plates for any towing or wrecker vehicle operated by him.
(b) An application for registration for a generally distinctive set of 3
"tow truck" plates
under this Article shall be filed with the Secretary of State, duly
verified by oath and in such form as the Secretary of State may by rule or
regulation prescribe and shall contain the name and business address of
such person, the vehicle identification number of the vehicle for which
such application is made, proof of insurance as set forth in paragraph (d)
of Section 12-606 of
this Code, and such other information concerning the business of the
applicant as the Secretary of State may by rule or regulation prescribe.
(c) The application for registration and a generally distinctive set of
3 "tow truck" plates shall be accompanied by the prescribed fee. Upon
payment of such fee, such registration and application shall be filed and
recorded in the office of the Secretary of State. Thereupon the Secretary
of State shall assign and issue to such person a generally distinctive
number for each vehicle and without further expense to him shall deliver to
such person at his place of business address one set
of 3
"tow truck" plates. Such "tow truck" plates shall be used by such
person only on the vehicle for which application was made and the vehicle
being towed, and are not transferable.
(d) All
"tow truck" plates granted under this Section shall expire
by operation of law on December 31 of the calendar year for which they are
granted unless sooner revoked under the provisions of Section 5-501 of this Chapter.
(e) One "tow truck" plate shall be attached to the front and rear of
each registered vehicle, and one "tow truck"
plate
shall be attached to the rear of the vehicle being towed unless the
towed vehicle displays a valid registration plate or digital registration plate visible from the rear
while being towed,
so that the numbers and letter on the plate are
clearly visible to any person following the vehicle being towed. However,
illumination of the rear plate required by subsection (c) of Section
12-201 of this Code shall not apply to the third plate displayed on
the towed vehicle. In
addition, the vehicle registration plates or digital registration plates assigned to the vehicle being
towed shall be displayed as provided in Section 3-413 of this Code.
(Source: P.A. 101-395, eff. 8-16-19.)
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