Illinois Compiled Statutes
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VEHICLES625 ILCS 5/7-328
(625 ILCS 5/) Illinois Vehicle Code.
(625 ILCS 5/7-328)
(from Ch. 95 1/2, par. 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
2. In the event the person who has given proof of financial
responsibility surrenders such person's driver's
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 accident. 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 re-establishes
such proof for the remainder of such period.
3. In the event that proof of financial 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
(Source: P.A. 85-321.)
625 ILCS 5/7-329
(625 ILCS 5/7-329)
(from Ch. 95 1/2, par. 7-329)
Proof of financial responsibility made voluntarily.
1. Proof of financial responsibility may be voluntarily by or on behalf
of any person. The privilege of operation of any motor vehicle within this
State by such person shall not be suspended or withdrawn under the
provisions of this Article if such proof of financial responsibility
has been voluntarily filed or deposited prior to the offense or accident
out of which any conviction, judgment, or order arises and if such proof, at the
date of such conviction, judgment, or order, is valid and sufficient for
the requirements of this Code.
2. If the Secretary of State receives record of any conviction or
judgment against such person which, in the absence of such proof of
financial responsibility would have caused the suspension of the driver's
license of such person, the Secretary of State shall forthwith
notify the insurer or surety of such person of the conviction or judgment so reported.
(Source: P.A. 83-831.)
625 ILCS 5/Ch. 7 Art. IV
(625 ILCS 5/Ch. 7 Art. IV heading)
VIOLATIONS OF PROVISIONS
OF FINANCIAL RESPONSIBILITY ACT
625 ILCS 5/7-401
(625 ILCS 5/7-401)
(from Ch. 95 1/2, par. 7-401)
Transfer of registration to defeat purposes of act prohibited.
(a) If an owner's registration has been suspended hereunder, such
registration shall not be transferred nor the vehicle in respect to which
such registration was issued be registered in any other name until the
Secretary of State is satisfied that such transfer of registration is
proposed in good faith and not for the purpose or with the effect of
defeating the purposes of this act.
(b) Nothing in this section shall in any wise affect the rights of any
conditional vendor, chattel mortgagee or lessor of such a vehicle
registered in the name of another as owner who becomes subject to the
provisions of this act.
(c) The Secretary of State shall suspend the registration of any vehicle
transferred in violation of the provisions of this section.
(Source: P.A. 76-1586.)
625 ILCS 5/7-402
(625 ILCS 5/7-402)
(from Ch. 95 1/2, par. 7-402)
Surrender of license to drive and registration.
otherwise provided in this Code or Article V of the Supreme Court Rules,
any person whose
license to drive has been suspended shall immediately
return to the Secretary of State any driver's license,
restricted driving permit or other evidence of driving privileges held
by such person.
Any driving authorization document issued under Section 6-206.1 or
11-501.1 of this Code shall be returned to the issuing court for proper
processing. Any person whose vehicle registration has been suspended
shall, upon the request of the Secretary, immediately return to the
Secretary any license plates or other evidences of registration held by such
The Secretary is authorized to take possession of any
license to drive, registration certificate, registration sticker or license
upon the suspension
thereof under the provisions of this Code or to direct any
law enforcement officer to
take possession thereof and to return the same to the Secretary.
Any person willfully failing to comply with this Section is guilty of a
Class A misdemeanor and shall be punished as provided in Section 9-110 of this
(Source: P.A. 91-357, eff. 7-29-99.)
625 ILCS 5/7-403
(625 ILCS 5/7-403)
(from Ch. 95 1/2, par. 7-403)
Any person who shall forge, or, without authority, sign any evidence of
proof of financial responsibility for the future, or who files or offers
for filing any such evidence of proof knowing or having reason to believe
that it is forged or signed without authority, shall be guilty of a Class A
(Source: P.A. 77-2720.)
625 ILCS 5/Ch. 7 Art. V
(625 ILCS 5/Ch. 7 Art. V heading)
RELATING TO FINANCIAL RESPONSIBILITY
625 ILCS 5/7-501
(625 ILCS 5/7-501)
(from Ch. 95 1/2, par. 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.)
625 ILCS 5/7-502
(625 ILCS 5/7-502)
(from Ch. 95 1/2, par. 7-502)
Any person in whose name more than 25 motor vehicles are registered may
qualify as a self-insurer by obtaining a certificate of self-insurance
issued by the Director of the Department of Insurance as provided in this Section.
The Director may, in his discretion, upon the application of
such a person, issue a certificate of self-insurance when he is satisfied
that such person is possessed and will continue to be possessed of ability
to pay judgment obtained against such person.
Upon not less than 5 days' notice, and a hearing pursuant to such
notice, the Director may upon reasonable grounds cancel a
certificate of self-insurance. Failure to pay any judgment against any
person covered by such certificate of self-insurance and arising out of any
accident in which a motor vehicle covered by such certificate of
self-insurance has been involved within 30 days after such judgment shall
have become final shall constitute a reasonable ground for the cancellation
of a certificate of self-insurance.
(Source: P.A. 82-138.)
625 ILCS 5/7-503
(625 ILCS 5/7-503)
(from Ch. 95 1/2, par. 7-503)
Unclaimed Security Deposits.
During July, annually, the Secretary shall compile a list of all
securities on deposit, pursuant to this Article, for more than 3 years and
concerning which he has received no notice as to the pendency of any
judicial proceeding that could affect the disposition thereof. Thereupon,
he shall promptly send a notice to the last known address
of each depositor advising him that his deposit will be subject to escheat
to the State of Illinois if not claimed within 30 days after the mailing
date of such notice. At the expiration of such time, the Secretary of State
shall file with the State Treasurer an order directing the transfer of such
deposit to the general revenue fund in the State Treasury. Upon receipt of
such order, the State Treasurer shall make such transfer, after converting
to cash any other type of security. Thereafter any person having a legal
claim against such deposit may enforce it by appropriate proceedings in the
Court of Claims subject to the limitations prescribed for such Court. At
the expiration of such limitation period such deposit shall escheat to the
State of Illinois.
(Source: P.A. 94-239, eff. 1-1-06.)
625 ILCS 5/7-504
(625 ILCS 5/7-504)
Emergency telephone system outages; reimbursement.
who negligently causes a motor vehicle accident that causes an emergency
telephone system outage must reimburse the public safety agency that provides
personnel to answer calls or to maintain or operate an emergency telephone
system during the outage for the agency's costs associated with answering calls
or maintaining or operating the system during the outage. For the purposes of
this Section, "public safety agency" means the same as in Section 2.02 of the
Emergency Telephone System Act.
(Source: P.A. 92-149, eff. 1-1-02.)
625 ILCS 5/Ch. 7 Art. VI
(625 ILCS 5/Ch. 7 Art. VI heading)
625 ILCS 5/7-601
(625 ILCS 5/7-601)
(from Ch. 95 1/2, par. 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;
(2) vehicles required to file proof of liability
insurance with the Illinois Commerce Commission;
(3) vehicles covered by a certificate of
self-insurance under Section 7-502 of this Code;
(4) vehicles owned by the United States, the State of
Illinois, or any political subdivision, municipality or local mass transit district;
(5) implements of husbandry;
(6) other vehicles complying with laws which require
them to be insured in amounts meeting or exceeding the minimum amounts required under this Section; and
(7) inoperable or stored vehicles that are not
operated, as defined by rules and regulations of the Secretary.
(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
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
an ongoing basis, whichever is later.
The employee's authorization to use the assigned vehicle shall
be rescinded upon:
(1) the revocation or suspension of the license
required to drive the assigned vehicle;
(2) the cancellation or termination for any reason of
the automobile liability insurance coverage as required in item (c) (i); or
(3) the termination of the bond filed with the
All State employees providing the required certification shall immediately
notify the agency director or chief executive officer in the event any of these
officers employed by a State agency who are primarily responsible for
prevention and detection of crime and the enforcement of the criminal, traffic,
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.
(Source: P.A. 100-202, eff. 1-1-18
625 ILCS 5/7-602
(625 ILCS 5/7-602)
(from Ch. 95 1/2, par. 7-602)
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
(b) the combination of proof of purchase of the motor
vehicle within the previous 60 days and a current insurance card issued for the motor vehicle replaced by such purchase;
(c) the current declarations page of a liability
(d) a liability insurance binder, certificate of
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;
(e) a current rental agreement;
(f) registration plates, registration sticker or
other evidence of registration issued by the Secretary only upon submission of proof of liability insurance pursuant to this Code;
(g) a certificate, decal, or other document or device
issued by a governmental agency for a motor vehicle indicating the vehicle is insured for liability pursuant to law;
(h) the display of electronic images on a cellular
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.
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
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. 98-521, eff. 8-23-13.)
625 ILCS 5/7-603
(625 ILCS 5/7-603)
(from Ch. 95 1/2, par. 7-603)
Illegal insurance cards - penalty.
No person shall alter
an invalid insurance card to make it appear valid. No person knowingly
shall make, sell or otherwise make available an invalid or counterfeit insurance card.
Any person convicted of a violation of this Section is guilty of a Class
(Source: P.A. 85-1201.)
625 ILCS 5/7-603.5
(625 ILCS 5/7-603.5)
Electronic verification of a liability insurance policy.
(a) The Secretary may implement a program of electronic motor vehicle liability insurance policy verification for motor vehicles subject to Section 7-601 of this Code for the purpose of verifying whether or not the motor vehicle is insured. The development and implementation of the program shall be consistent with the standards and procedures of a nationwide organization whose primary membership consists of individual insurance companies and insurance trade associations. The program shall include, but is not limited to:
(1) a requirement that an insurance company
authorized to sell motor vehicle liability insurance in this State shall make available, in a format designated by the Secretary that is consistent with a nationwide organization whose primary membership consists of individual insurance companies and insurance trade organizations, to the Secretary for each motor vehicle liability insurance policy issued by the company the following information:
(A) the name of the policy holder;
(B) the make, model, year, and vehicle
identification number of the covered motor vehicle;
(C) the policy number;
(D) the policy effective date;
(E) the insurance company's National Association
of Insurance Commissioner's number; and
(F) any other information the Secretary deems
necessary to match an eligible vehicle with an insurance policy;
(2) a method for searching motor vehicle liability
insurance policies issued and in effect in this State by using the information under paragraph (1) of this subsection (a);
(3) a requirement that at least twice per calendar
year, the Secretary shall verify the existence of a liability insurance policy for every registered motor vehicle subject to Section 7-601 of this Code; and if the Secretary is unable to verify the existence of a liability insurance policy, the Secretary shall, by U.S. mail or electronic mail, send the vehicle owner a written notice allowing the vehicle owner 30 calendar days to provide proof of insurance on the date of attempted verification, or to provide proof that the vehicle is no longer operable;
(4) a requirement that a vehicle owner who does not
provide proof of insurance or proof of an inoperable vehicle under paragraph (3) of this subsection (a) shall be in violation of Section 7-601 of this Code and the Secretary shall suspend the vehicle's registration and the owner shall pay any applicable reinstatement fees and shall provide proof of insurance before the Secretary may reinstate the vehicle's registration under Section 7-606 of this Code;
(5) a requirement that if a vehicle owner provides
proof of insurance on the date of the attempted verification under paragraph (3) of this subsection (1), the Secretary may verify the vehicle owner's response by furnishing necessary information to the insurance company. Within 7 calendar days of receiving the information, the insurance company shall confirm and notify the Secretary the dates of the motor vehicle's insurance coverage. If the insurance company does not confirm coverage for the date of attempted verification, the Secretary shall suspend the vehicle's registration and the owner of the vehicle shall pay any applicable reinstatement fees and shall provide proof of insurance before the Secretary may reinstate the vehicle's registration under Section 7-606 of this Code;
(6) a requirement that the Secretary may consult with
members of the insurance industry during the implementation of the program, including, but not limited to, during the drafting process for adopting any rules that may be necessary to implement or manage an electronic motor vehicle liability insurance policy verification program;
(7) a requirement that commercial lines of automobile
insurance are excluded from the program, but may voluntarily report insurance coverage to the State.
(b) In addition to the semi-annual verification of liability insurance under subsection (a) of this Section, the Secretary may select monthly verification for a motor vehicle owned or registered by a person:
(1) whose motor vehicle registration during the
preceding 4 years has been suspended under Section 7-606 or 7-607 of this Code;
(2) who, during the preceding 4 years, has been
convicted of violating Section 3-707, 3-708, or 3-710 of this Code while operating a vehicle owned by another person;
(3) whose driving privileges have been suspended
during the preceding 4 years;
(4) who, during the preceding 4 years, acquired
ownership of a motor vehicle while the registration of the vehicle under the previous owner was suspended under Section 7-606 or 7-607 of this Code; or
(5) who, during the preceding 4 years, has received a
disposition of court supervision under subsection (c) of Section 5-6-1 of the Unified Code of Corrections for a violation of Section 3-707, 3-708, or 3-710 of this Code.
(c) Nothing in this Section provides the Secretary with regulatory authority over insurance companies.
(d) The Secretary may contract with a private contractor to carry out the Secretary's duties under this Section.
(e) Any information collected, stored, maintained, or referred to under this Section shall be used solely for the purpose of verifying whether a registered motor vehicle meets the requirements of Section 7-601 of this Code and shall be exempt from a records request or from inspection and copying under the Freedom of Information Act. A request for release of verification of liability insurance policy information from the Secretary shall require a court order, subpoena, or the motor vehicle owner's approval.
(f) An insurer identified by an electronic motor vehicle liability insurance policy program as insuring less than 1,000 vehicles per year shall be exempt from the reporting requirements under subsection (a) of this Section.
(g) The Secretary may adopt any rules necessary to implement this Section.
(Source: P.A. 100-373, eff. 1-1-18