(625 ILCS 5/7-328) (from Ch. 95 1/2, par. 7-328)
Sec. 7-328. Duration of proof; when proof may be canceled or returned.
The Secretary of State shall upon request cancel any bond or return any
certificate of insurance, or the Secretary of State shall direct and the
State Treasurer shall return to the person entitled thereto any money or
securities, deposited pursuant to this Chapter as proof of financial
responsibility or waive the requirements of filing proof of financial
responsibility in any of the following events:
1. In the event of the death of the person on whose |
| behalf such proof was filed, or the permanent incapacity of such person to operate a motor vehicle.
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2. In the event the person who has given proof of
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| financial responsibility surrenders such person's driver's license, registration certificates, license plates and registration stickers, but the Secretary of State shall not release such proof in the event any action for damages upon a liability referred to in this Article is then pending or any judgment upon any such liability is then outstanding and unsatisfied or in the event the Secretary of State has received notice that such person has, within the period of 3 months immediately preceding, been involved as a driver in any motor vehicle crash. An affidavit of the applicant of the nonexistence of such facts shall be sufficient evidence thereof in the absence of evidence to the contrary in the records of the Secretary of State. Any person who has not completed the required 3-year period of proof of financial responsibility pursuant to Section 7-304, and to whom proof has been surrendered as provided in this paragraph applies for a driver's license or the registration of a motor vehicle shall have the application denied unless the applicant reestablishes such proof for the remainder of such period.
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3. In the event that proof of financial
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| responsibility has been deposited voluntarily, at any time upon request of the person entitled thereto, provided that the person on whose behalf such proof was given has not, during the period between the date of the original deposit thereof and the date of such request, been convicted of any offense for which revocation is mandatory as provided in Section 6-205; provided, further, that no action for damages is pending against such person on whose behalf such proof of financial responsibility was furnished and no judgment against such person is outstanding and unsatisfied in respect to bodily injury, or in respect to damage to property resulting from the ownership, maintenance, use, or operation hereafter of a motor vehicle. An affidavit of the applicant under this Section shall be sufficient evidence of the facts in the absence of evidence to the contrary in the records of the Secretary of State.
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(Source: P.A. 102-982, eff. 7-1-23; 103-154, eff. 6-30-23.)
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(625 ILCS 5/7-501) (from Ch. 95 1/2, par. 7-501)
Sec. 7-501.
Assigned Risk Plans.
If, on or before January 1, 1946, every
insurance carrier authorized to write automobile bodily injury liability
insurance in this State shall not subscribe to an assigned risk plan approved
by the Director of Insurance, providing that no carrier may withdraw therefrom
after approval of the Director, the Director of Insurance shall, when he finds
that an application for bodily injury or property damage insurance by a risk,
which may become subject to this Act or is a local public entity subject to
the Local Governmental and Governmental Employees Tort Immunity Act, and
in good faith is entitled to such insurance, has been rejected by 3 insurance
carriers, designate an insurance carrier which shall be obligated to issue
forthwith its usual form of policy providing such insurance for such risk.
The Director shall make equitable distribution of such assignments among
insurance carriers proportionate, so far as practicable, by
premiums to the respective net direct automobile bodily injury premium
writings of the carriers authorized to do business in this State. The
Director of Insurance shall establish rules and regulations for the
administration of the provisions of this Section.
If any carrier refuses or neglects to comply with the provisions of
this Section or with any lawful order or ruling made by the Director of
Insurance pursuant to this Section, the Director may, after notice and
hearing, suspend the license of such carrier to transact any insurance
business in this State until such carrier shall have complied with such
order. 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 Director of Insurance hereunder.
(Source: P.A. 92-651, eff. 7-11-02.)
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(625 ILCS 5/7-601) (from Ch. 95 1/2, par. 7-601)
Sec. 7-601. Required liability insurance policy.
(a) No person shall operate, register or maintain registration of, and no
owner shall permit another person to operate, register or maintain registration
of, a motor vehicle designed to be used on a public highway in this State unless the motor
vehicle is covered by a liability insurance policy.
The insurance policy shall be issued in amounts no less than the minimum
amounts set for bodily injury or death and for destruction of property under
Section 7-203 of this Code, and shall be issued in accordance with the
requirements of Sections 143a and 143a-2 of the Illinois Insurance Code, as
amended. No insurer other than an insurer authorized to do business in this
State shall issue a policy pursuant to this Section for any vehicle subject to
registration under this Code. Nothing herein shall deprive an insurer of any
policy defense available at common law.
(b) The following vehicles are exempt from the requirements of this Section:
(1) vehicles subject to the provisions of Chapters 8 |
| or 18a, Article III or Section 7-609 of Chapter 7, or Sections 12-606 or 12-707.01 of Chapter 12 of this Code;
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(2) vehicles required to file proof of liability
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| insurance with the Illinois Commerce Commission;
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(3) vehicles covered by a certificate of
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| self-insurance under Section 7-502 of this Code;
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(4) vehicles owned by the United States, the State of
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| Illinois, or any political subdivision, municipality or local mass transit district;
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(5) implements of husbandry;
(6) other vehicles complying with laws which require
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| them to be insured in amounts meeting or exceeding the minimum amounts required under this Section; and
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(7) inoperable or stored vehicles that are not
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| operated, as defined by rules and regulations of the Secretary.
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(c) Every employee of a State agency, as that term is defined in the
Illinois State Auditing Act,
who is assigned a
specific vehicle owned or leased by the State on an ongoing basis shall provide
the certification described in this Section annually to the director or chief
executive officer of his or her agency.
The certification shall affirm that the employee is duly licensed to
drive the assigned vehicle and that (i) the employee has liability insurance
coverage extending to the employee when the assigned vehicle is used for other
than official State business, or (ii) the employee has filed
a bond with the Secretary of State as proof of financial responsibility, in an
amount equal to, or in excess of the requirements stated within this Section.
Upon request of the agency director or chief executive officer, the employee
shall present evidence to
support
the certification.
The certification shall be provided during the period July 1 through July
31 of each calendar year, or within 30 days of any new assignment of a vehicle
on
an ongoing basis, whichever is later.
The employee's authorization to use the assigned vehicle shall
automatically
be rescinded upon:
(1) the revocation or suspension of the license
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| required to drive the assigned vehicle;
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(2) the cancellation or termination for any reason of
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| the automobile liability insurance coverage as required in item (c)(i); or
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(3) the termination of the bond filed with the
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All State employees providing the required certification shall immediately
notify the agency director or chief executive officer in the event any of these
actions occur.
All peace
officers employed by a State agency who are primarily responsible for
prevention and detection of crime and the enforcement of the criminal, traffic,
or
highway laws of this State, and prohibited by agency rule or policy to use an
assigned vehicle owned or leased by the State for regular personal or off-duty
use, are exempt from the requirements of this Section.
(d) No person shall operate a motor vehicle registered in another state upon the highways of this State unless the vehicle is covered by a liability insurance policy. The operator of the vehicle shall carry within the vehicle evidence of the insurance.
(Source: P.A. 100-202, eff. 1-1-18; 100-828, eff. 1-1-19 .)
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(625 ILCS 5/7-602) (from Ch. 95 1/2, par. 7-602)
Sec. 7-602. Insurance card. Every operator of a motor vehicle subject
to Section 7-601 of this Code shall carry within the vehicle evidence of
insurance. The evidence shall be legible and sufficient to demonstrate
that the motor vehicle currently is covered by a liability insurance policy
as required under Section 7-601 of this Code and may include, but is not
limited to, the following:
(a) an insurance card provided by the insurer under |
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(b) the combination of proof of purchase of the motor
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| vehicle within the previous 60 days and a current insurance card issued for the motor vehicle replaced by such purchase;
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(c) the current declarations page of a liability
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(d) a liability insurance binder, certificate of
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| liability insurance or receipt for payment to an insurer or its authorized representative for a liability insurance premium, provided such document contains all information the Secretary of State by rule and regulation may require;
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(e) a current rental agreement;
(f) registration plates or digital registration
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| plates, registration sticker or digital registration sticker, or other evidence of registration issued by the Secretary only upon submission of proof of liability insurance pursuant to this Code;
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(g) a certificate, decal, or other document or device
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| issued by a governmental agency for a motor vehicle indicating the vehicle is insured for liability pursuant to law;
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(h) the display of electronic images on a cellular
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| phone or other type of portable electronic device. The use of a cellular phone or other type of portable electronic device to display proof of insurance does not constitute consent for a law enforcement officer, court, or other officer of the court to access other contents of the electronic device. Any law enforcement officer, court, or officer of the court presented with the device shall be immune from any liability resulting from damage to the mobile electronic device.
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An insurance card shall be provided for each motor
vehicle insured by the insurer issuing the liability insurance policy and may be issued in either paper or electronic format. Acceptable electronic formats shall permit display on a cellular phone or other portable electronic device and satisfy all other requirements of law and rule, including this Section, regarding form and content.
The form, contents and manner of issuance of the insurance card shall be
prescribed by rules and regulations of the Secretary of State. The Secretary shall adopt rules requiring that reasonable measures be taken to prevent the fraudulent production of insurance cards. The
insurance card shall display an effective date and an expiration date
covering a period of time not to exceed 12 months. The insurance card
shall contain the following disclaimer: "Examine policy exclusions
carefully. This form does not constitute any part of your insurance policy."
If the insurance policy represented by the insurance card does
not cover any driver operating the motor vehicle with the owner's
permission, or the owner when operating a motor vehicle other than the
vehicle for which the policy is issued, the insurance card shall
contain a warning of such limitations in the coverage provided by the
policy.
No insurer shall issue a card, similar in appearance, form and content
to the insurance card required under this Section, in connection with an
insurance policy that does not provide the liability insurance coverage
required under Section 7-601 of this Code.
The evidence of insurance shall be displayed upon request made by any law
enforcement officer wearing a uniform or displaying a badge or other sign
of authority. Any person who fails or refuses to comply with such request
is in violation of Section 3-707 of this Code. Any person who displays
evidence of insurance, knowing there is no valid liability insurance in
effect on the motor vehicle as required under Section 7-601 of this Code or
knowing the evidence of insurance is illegally altered, counterfeit or
otherwise invalid, is in violation of Section 3-710 of this Code.
"Display" means the manual surrender of the evidence of insurance into
the hands of the law enforcement officer, court, or officer of the court
making the request for the
officer's, court's, or officer of the court's inspection thereof.
(Source: P.A. 101-395, eff. 8-16-19.)
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