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.
VEHICLES625 ILCS 5/Ch. 5 Art. VI
(625 ILCS 5/) Illinois Vehicle Code.
(625 ILCS 5/Ch. 5 Art. VI heading)
CREDIT OR CONDITIONAL
625 ILCS 5/5-601
(625 ILCS 5/5-601)
(from Ch. 95 1/2, par. 5-601)
Credit or conditional sale of certain motor vehicles - Liability insurance
status stamped on bill of sale.
Whenever, in connection with the credit sale of or conditional sale of a
motor vehicle designed and used for the carrying of not more than 10
passengers, the agreement provides that all or any of the consideration to
be paid by the buyer or conditional buyer may be paid more than 30 days
after possession of such motor vehicle is transferred to such buyer or
conditional buyer, and a policy of insurance which does not cover such
buyer or conditional buyer for the risk of liability to the public arising
out of the operation, use or maintenance of such motor vehicle, is issued
in connection with such transaction, the seller or conditional seller shall
stamp or have imprinted thereon a statement on the bill of sale at the time
the transaction is consummated that no such coverage is included in such
policy. Such statement shall be in the following form and shall be in bold
type not less than one-half inch in height:
NO PUBLIC LIABILITY INSURANCE ISSUED
WITH THIS TRANSACTION
(Source: P.A. 76-1586.)
625 ILCS 5/5-602
(625 ILCS 5/5-602)
(from Ch. 95 1/2, par. 5-602)
Whoever violates any of the provisions of this Article shall be guilty
of a petty offense and shall be fined not more than $500.
(Source: P.A. 77-2720.)
625 ILCS 5/Ch. 5 Art. VII
(625 ILCS 5/Ch. 5 Art. VII heading)
625 ILCS 5/5-700
(625 ILCS 5/5-700)
(from Ch. 95 1/2, par. 5-700)
For the purposes of this Article, the following
phrases have the meanings ascribed to them in this Section:
Place of business for a vehicle auctioneer. This means the place owned
and regularly occupied by a vehicle auctioneer licensee, within or without
the State, for the primary and principal purpose of keeping and maintaining
the books and records required for the conduct of business, with the personnel
available during normal business hours or an automatic telephone answering
service during normal business hours. The additional place of business means
that place within the State where the auction is held, which place of business
shall contain the books and records required for said auction with personnel
available during normal business hours. The Secretary of State shall be
notified of the additional place of business at least 10 days before the
Auctioning vehicles. This means arranging for and handling the sale of
vehicles, not the property of the auctioneer, by auction
to the highest bidder.
(Source: P.A. 89-663, eff. 8-14-96.)
625 ILCS 5/5-701
(625 ILCS 5/5-701)
(from Ch. 95 1/2, par. 5-701)
Vehicle auctioneers to be licensed.
(a) No person, other than
a licensed new vehicle dealer, a licensed used vehicle dealer, or municipality,
shall engage in this State in the business of auctioning vehicles, for more
than one owner, at auction or shall offer to sell, solicit or advertise
the sale of a vehicle at auction without first acquiring a commercial vehicle
auctioneer license from the Secretary of State under the provisions of this Section.
A vehicle auction licensee shall be entitled thereunder to sell, solicit,
and advertise the sale of used vehicles belonging to others at auction.
(b) An application for a vehicle auctioneer license shall be filed with
the Secretary of State, duly verified by oath, in such form as the Secretary
of State may by rule or regulation prescribe and shall contain:
1. The name and type of business organization established and the address
of the place of business;
2. If the applicant is a corporation, a list of its officers and directors,
setting forth the residence address of each; if the applicant is a sole
proprietorship, a partnership, an unincorporated association, trust or any similar
form of business organization, the names and residence addresses of the
proprietor or of each partner, member, officer, director, trustee, manager
and shareholder having 10% or greater ownership interest in the corporation;
3. A statement that the applicant has been approved for registration under
the Retailers' Occupation Tax Act, approved June 28, 1933, as amended,
by the Department of Revenue. However, this requirement does not apply to
licensee who is already licensed hereunder with the Secretary of State,
and who is merely applying for a renewal of his license. As evidence of
this fact, the application shall be accompanied by a certification from
the Department of Revenue showing that the Department has approved the applicant
for registration under the Retailers' Occupation Tax Act;
4. A statement that the applicant has complied with the bonding requirements
of the "Retailers' Occupation Tax Act", approved June 28, 1933, as amended.
As evidence of this fact, the application shall be accompanied by a certification
from the Department of Revenue showing that the applicant is in compliance
with the bonding requirements of the "Retailers' Occupation Tax Act" or
that the applicant is not required to be bonded with the Department of Revenue
under the "Retailers' Occupation Tax Act";
5. Such other information concerning the business of the applicant as
the Secretary of State may by rule or regulation prescribe;
6. An application for a vehicle auctioneer license shall be accompanied
by the following license fees: $50 for applicant's place of business plus
$25 for each additional place of business, if any, to which the application
pertains, provided, however, that if such an application is made after July
1 of any year, the license fee shall be $25 for applicant's place of business
plus $12.50 for each additional place of business, if any, to which the
application pertains. License fees shall be returnable only in the event
that such application shall be denied by the Secretary of State.
7. A statement that the licensee has irrevocably consented to the
of the Secretary of State as its agent for service of process with the State
of Illinois. Said service of process shall be accomplished as provided in
Section 10-301 of the Illinois Vehicle Code.
(c) Any change which renders no longer accurate any information contained
in any application for a vehicle auctioneer shall be amended within thirty
days after the occurrence of each change on such form as the Secretary of
State may prescribe by rule or regulation, accompanied by an amendatory fee of
(d) Anything in this Chapter to the contrary notwithstanding, no person
shall be licensed as a vehicle auctioneer unless such person shall maintain
a place of business as defined in this Chapter.
(e) The Secretary of State shall, within a reasonable time after receipt,
examine an application submitted to him under this Section. Unless the
makes a determination that the application submitted to him does not conform
to this Section or that grounds exist for a denial of the application under
Section 5-501 of this Chapter, he must grant the applicant an original vehicle
auctioneer license in writing for his place of business and a supplemental
license in writing for each additional place of business, in such form as
he may prescribe by rule or regulation which shall include the following:
1. The name of the person licensed;
2. If a corporation, the name and address of its officers or if a sole
proprietorship, a partnership, an unincorporated association or any similar
form of business organization, the name and address of the proprietor or
of each partner, member, officer, director, trustee or manager;
3. Complete address of the place of business of the licensee;
4. In the case of supplemental license, the place of business of the
licensee and the place of business to which such supplemental license pertains.
(f) The appropriate instruments evidencing the license or a certified
copy thereof, provided by the Secretary of State shall be kept posted, conspicuously,
in the place of business of the licensee within the State and in each
additional place of business, if any, maintained by such licensee.
(g) Except as provided in subsection (h) of this Section, all vehicle
auctioneer licenses granted under this Section expire on December 31 of
the calendar year for which they are granted unless sooner revoked under
Section 5-501 of this Chapter.
(h) a vehicle auctioneer license may be renewed upon application and
payment of the fee required herein, and submission of proof of coverage
by an approved bond under the "Retailers' Occupation Tax Act" or proof that
applicant is not subject to such bonding requirements, as in the case of
an original license, but in case an application for the renewal of an effective
license is made during the month of December, the effective license shall
remain in force until the application for renewal is granted or denied by
the Secretary of State.
(i) Each person licensed as a vehicle auctioneer or a licensed new or
used car dealer when auctioning vehicles is required to furnish each purchaser
of a motor vehicle the following:
1. A certificate of title properly assigned to the purchaser;
2. A statement verified under oath that all identifying numbers on the
vehicle agree with those on the certificate of title;
3. A bill of sale properly executed on behalf of such person.
(Source: P.A. 85-1396.)
625 ILCS 5/5-702
(625 ILCS 5/5-702)
(from Ch. 95 1/2, par. 5-702)
No person shall engage in the business of auctioning any
vehicles for which a salvage certificate is required by law
except to a bidder who is an out-of-state salvage vehicle buyer or who is properly licensed
as a rebuilder, automotive parts recycler, or scrap processor, as required by Section 5-301 of this Chapter.
(Source: P.A. 95-783, eff. 1-1-09.)
625 ILCS 5/Ch. 5 Art. VIII
(625 ILCS 5/Ch. 5 Art. VIII heading)
625 ILCS 5/5-801
(625 ILCS 5/5-801)
(from Ch. 95 1/2, par. 5-801)
Any person who violates any of the provisions of this Chapter, except a person who violates a provision for which a different criminal penalty is indicated, shall be
guilty of a Class A misdemeanor. Any person who violates any provisions
of Section 5-701 shall be guilty of a Class 3 felony.
(Source: P.A. 97-838, eff. 7-20-12.)
625 ILCS 5/5-802
(625 ILCS 5/5-802)
(from Ch. 95 1/2, par. 5-802)
The violation of any rule or regulation promulgated by the
Office of the Secretary of State under this Chapter shall not in and of
itself constitute a
(Source: P.A. 85-1204.)
625 ILCS 5/5-803
(625 ILCS 5/5-803)
Instead of filing a criminal complaint against a new or used vehicle dealer, or against any other entity licensed by the Secretary under this Code, a Secretary of State Police investigator may issue administrative citations for violations of any of the provisions of this Code or any administrative rule adopted by the Secretary under this Code. A party receiving a citation shall have the right to contest the citation in proceedings before the Secretary of State Department of Administrative Hearings. Penalties imposed by issuance of an administrative citation shall not exceed $50 per violation. A penalty may not be imposed unless, during the course of a single investigation or upon review of the party's records, the party is found to have committed at least 3 separate violations of one or more of the provisions of this Code or any administrative rule adopted by the Secretary under this Code. Penalties paid as a result of the issuance of administrative citations shall be deposited in the Secretary of State Police Services Fund.
(Source: P.A. 97-838, eff. 7-20-12; 98-177, eff. 1-1-14.)
625 ILCS 5/Ch. 6
(625 ILCS 5/Ch. 6 heading)
THE ILLINOIS DRIVER LICENSING LAW
625 ILCS 5/Ch. 6 Art. I
(625 ILCS 5/Ch. 6 Art. I heading)
ISSUANCE OF LICENSES
EXPIRATION AND RENEWAL
625 ILCS 5/6-100
(625 ILCS 5/6-100)
(from Ch. 95 1/2, par. 6-100)
For the purposes of this Chapter, the following
words shall have the meanings ascribed to them:
(a) Application Process. The process of obtaining a driver's license,
identification card, or permit. The process begins when a person enters a
Secretary of State Driver Services facility and requests a driver's
license, identification card or permit.
(b) Conviction. A final adjudication of guilty by a court of competent
jurisdiction either after a bench trial, trial by jury, plea of guilty,
order of forfeiture, or default.
(c) Identification Card. A document made or issued by or under the
authority of the United States Government, the State of Illinois or any other
state or political subdivision thereof, or any governmental or
quasi-governmental organization that, when completed with information
the individual, is of a type intended or commonly accepted for the purpose of
identifying the individual.
(Source: P.A. 89-283, eff. 1-1-96.)
625 ILCS 5/6-101
(625 ILCS 5/6-101)
(from Ch. 95 1/2, par. 6-101)
Drivers must have licenses or permits.
(a) No person, except those expressly exempted by Section 6-102, shall
drive any motor vehicle upon a highway in this State unless such person has
a valid license or permit, or a restricted driving permit, issued under the
provisions of this Act.
(b) No person shall drive a motor vehicle unless he holds a valid
license or permit, or a restricted driving permit issued under the
provisions of Section 6-205, 6-206, or 6-113 of this Act. Any person to
whom a license is issued under the provisions of this Act must surrender to
the Secretary of State all valid licenses or permits, except that an applicant for a non-domiciled commercial learner's permit or commercial driver's license shall not be required to surrender a license or permit issued by the applicant's state or country of domicile. No drivers license or instruction permit
shall be issued to any person who holds a valid Foreign State license,
identification card, or permit
unless such person first surrenders to the Secretary of State any such
valid Foreign State license,
identification card, or permit.
(b-5) Any person who commits a violation of subsection (a) or (b) of this Section is guilty of a Class A misdemeanor, if at the time of the violation the person's driver's license or permit was cancelled under clause (a)9 of Section 6-201 of this Code.
(c) Any person licensed as a driver hereunder shall not be required by
any city, village, incorporated town or other municipal corporation to
obtain any other license to exercise the privilege thereby granted.
(d) In addition to other penalties imposed under this Section, any person
in violation of this Section who is also in violation of Section 7-601 of this
Code relating to mandatory insurance requirements shall have his or her motor
vehicle immediately impounded by the arresting law enforcement officer. The
motor vehicle may be released to any licensed driver upon a showing of proof of
insurance for the motor vehicle that was impounded and the notarized written
consent for the release by the vehicle owner.
(e) In addition to other penalties imposed under this Section, the
of any person
in violation of this Section who is also in violation of Section 7-601 of this
Code relating to mandatory insurance requirements and who, in violating this
Section, has caused death or personal injury to another person is subject to
Sections 36-1 and 36-2 of the Criminal Code of 2012.
For the purposes of this Section, a personal injury shall include
any type A injury as indicated on the traffic accident report completed
by a law enforcement officer that requires immediate professional attention
in either a doctor's office or a medical facility. A type A injury shall
include severely bleeding wounds, distorted extremities, and injuries that
require the injured party to be carried from the scene.
(Source: P.A. 97-229, eff. 7-28-11; 97-1150, eff. 1-25-13; 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 5/6-102
(625 ILCS 5/6-102)
(from Ch. 95 1/2, par. 6-102)
What persons are exempt.
The following persons are exempt
from the requirements of Section 6-101 and are not required to have an
Illinois drivers license or permit if one or more of the following
qualifying exemptions are met and apply:
1. Any employee of the United States Government or
any member of the Armed Forces of the United States, while operating a motor vehicle owned by or leased to the United States Government and being operated on official business need not be licensed;
2. A nonresident who has in his immediate possession
a valid license issued to him in his home state or country may operate a motor vehicle for which he is licensed for the period during which he is in this State;
3. A nonresident and his spouse and children living
with him who is a student at a college or university in Illinois who have a valid license issued by their home State.
4. A person operating a road machine temporarily upon
a highway or operating a farm tractor between the home farm buildings and any adjacent or nearby farm land for the exclusive purpose of conducting farm operations need not be licensed as a driver.
5. A resident of this State who has been serving as a
member or as a civilian employee of the Armed Forces of the United States, or as a civilian employee of the United States Department of Defense, outside the Continental limits of the United States, for a period of 120 days following his return to the continental limits of the United States.
6. A nonresident on active duty in the Armed Forces
of the United States who has a valid license issued by his home state and such nonresident's spouse, and dependent children and living with parents, who have a valid license issued by their home state.
7. A nonresident who becomes a resident of this
State, may for a period of the first 90 days of residence in Illinois operate any motor vehicle which he was qualified or licensed to drive by his home state or country so long as he has in his possession, a valid and current license issued to him by his home state or country. Upon expiration of such 90 day period, such new resident must comply with the provisions of this Act and apply for an Illinois license or permit.
8. An engineer, conductor, brakeman, or any other
member of the crew of a locomotive or train being operated upon rails, including operation on a railroad crossing over a public street, road or highway. Such person is not required to display a driver's license to any law enforcement officer in connection with the operation of a locomotive or train within this State.
The provisions of this Section granting exemption to any nonresident
shall be operative to the same extent that the laws of the State or country
of such nonresident grant like exemption to residents of this State.
The Secretary of State may implement the exemption provisions of this
Section by inclusion thereof in a reciprocity agreement, arrangement or
declaration issued pursuant to this Act.
(Source: P.A. 99-118, eff. 1-1-16
625 ILCS 5/6-103
(625 ILCS 5/6-103)
(from Ch. 95 1/2, par. 6-103)
What persons shall not be licensed as drivers or granted
The Secretary of State shall not issue, renew, or
allow the retention of any driver's
license nor issue any permit under this Code:
1. To any person, as a driver, who is under the age
of 18 years except as provided in Section 6-107, and except that an instruction permit may be issued under Section 6-107.1 to a child who is not less than 15 years of age if the child is enrolled in an approved driver education course as defined in Section 1-103 of this Code and requires an instruction permit to participate therein, except that an instruction permit may be issued under the provisions of Section 6-107.1 to a child who is 17 years and 3 months of age without the child having enrolled in an approved driver education course and except that an instruction permit may be issued to a child who is at least 15 years and 3 months of age, is enrolled in school, meets the educational requirements of the Driver Education Act, and has passed examinations the Secretary of State in his or her discretion may prescribe;
1.5. To any person at least 18 years of age but less
than 21 years of age unless the person has, in addition to any other requirements of this Code, successfully completed an adult driver education course as provided in Section 6-107.5 of this Code;
2. To any person who is under the age of 18 as an
operator of a motorcycle other than a motor driven cycle unless the person has, in addition to meeting the provisions of Section 6-107 of this Code, successfully completed a motorcycle training course approved by the Illinois Department of Transportation and successfully completes the required Secretary of State's motorcycle driver's examination;
3. To any person, as a driver, whose driver's license
or permit has been suspended, during the suspension, nor to any person whose driver's license or permit has been revoked, except as provided in Sections 6-205, 6-206, and 6-208;
4. To any person, as a driver, who is a user of
alcohol or any other drug to a degree that renders the person incapable of safely driving a motor vehicle;
5. To any person, as a driver, who has previously
been adjudged to be afflicted with or suffering from any mental or physical disability or disease and who has not at the time of application been restored to competency by the methods provided by law;
6. To any person, as a driver, who is required by the
Secretary of State to submit an alcohol and drug evaluation or take an examination provided for in this Code unless the person has successfully passed the examination and submitted any required evaluation;
7. To any person who is required under the provisions
of the laws of this State to deposit security or proof of financial responsibility and who has not deposited the security or proof;
8. To any person when the Secretary of State has good
cause to believe that the person by reason of physical or mental disability would not be able to safely operate a motor vehicle upon the highways, unless the person shall furnish to the Secretary of State a verified written statement, acceptable to the Secretary of State, from a competent medical specialist, a licensed physician assistant, or a licensed advanced practice nurse, to the effect that the operation of a motor vehicle by the person would not be inimical to the public safety;
9. To any person, as a driver, who is 69 years of age
or older, unless the person has successfully complied with the provisions of Section 6-109;
10. To any person convicted, within 12 months of
application for a license, of any of the sexual offenses enumerated in paragraph 2 of subsection (b) of Section 6-205;
11. To any person who is under the age of 21 years
with a classification prohibited in paragraph (b) of Section 6-104 and to any person who is under the age of 18 years with a classification prohibited in paragraph (c) of Section 6-104;
12. To any person who has been either convicted of or
adjudicated under the Juvenile Court Act of 1987 based upon a violation of the Cannabis Control Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act while that person was in actual physical control of a motor vehicle. For purposes of this Section, any person placed on probation under Section 10 of the Cannabis Control Act, Section 410 of the Illinois Controlled Substances Act, or Section 70 of the Methamphetamine Control and Community Protection Act shall not be considered convicted. Any person found guilty of this offense, while in actual physical control of a motor vehicle, shall have an entry made in the court record by the judge that this offense did occur while the person was in actual physical control of a motor vehicle and order the clerk of the court to report the violation to the Secretary of State as such. The Secretary of State shall not issue a new license or permit for a period of one year;
13. To any person who is under the age of 18 years
and who has committed the offense of operating a motor vehicle without a valid license or permit in violation of Section 6-101 or a similar out of state offense;
14. To any person who is 90 days or more delinquent
in court ordered child support payments or has been adjudicated in arrears in an amount equal to 90 days' obligation or more and who has been found in contempt of court for failure to pay the support, subject to the requirements and procedures of Article VII of Chapter 7 of the Illinois Vehicle Code;
14.5. To any person certified by the Illinois
Department of Healthcare and Family Services as being 90 days or more delinquent in payment of support under an order of support entered by a court or administrative body of this or any other State, subject to the requirements and procedures of Article VII of Chapter 7 of this Code regarding those certifications;
15. To any person released from a term of
imprisonment for violating Section 9-3 of the Criminal Code of 1961 or the Criminal Code of 2012, or a similar provision of a law of another state relating to reckless homicide or for violating subparagraph (F) of paragraph (1) of subsection (d) of Section 11-501 of this Code relating to aggravated driving under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or any combination thereof, if the violation was the proximate cause of a death, within 24 months of release from a term of imprisonment;
16. To any person who, with intent to influence any
act related to the issuance of any driver's license or permit, by an employee of the Secretary of State's Office, or the owner or employee of any commercial driver training school licensed by the Secretary of State, or any other individual authorized by the laws of this State to give driving instructions or administer all or part of a driver's license examination, promises or tenders to that person any property or personal advantage which that person is not authorized by law to accept. Any persons promising or tendering such property or personal advantage shall be disqualified from holding any class of driver's license or permit for 120 consecutive days. The Secretary of State shall establish by rule the procedures for implementing this period of disqualification and the procedures by which persons so disqualified may obtain administrative review of the decision to disqualify;
17. To any person for whom the Secretary of State
cannot verify the accuracy of any information or documentation submitted in application for a driver's license;
18. To any person who has been adjudicated under the
Juvenile Court Act of 1987 based upon an offense that is determined by the court to have been committed in furtherance of the criminal activities of an organized gang, as provided in Section 5-710 of that Act, and that involved the operation or use of a motor vehicle or the use of a driver's license or permit. The person shall be denied a license or permit for the period determined by the court; or
19. Beginning July 1, 2017, to any person who has
been issued an identification card under the Illinois Identification Card Act. Any such person may, at his or her discretion, surrender the identification card in order to become eligible to obtain a driver's license.
The Secretary of State shall retain all conviction
information, if the information is required to be held confidential under
the Juvenile Court Act of 1987.
(Source: P.A. 98-167, eff. 7-1-14; 98-756, eff. 7-16-14; 99-173, eff. 7-29-15; 99-511, eff. 1-1-17
625 ILCS 5/6-103.1
(625 ILCS 5/6-103.1)
New residents; out-of-state revocation.
(a) The Secretary of State may not issue a driver's license to a nonresident who becomes a resident of this State while the new resident's driving privileges are revoked, under terms similar to those provided in Section 1-176 of this Code, in another state; however, if the person has resided in this State for 10 or more consecutive years prior to submitting an application, that person may apply for licensure under Section 6-208 of this Code if:
(1) the laws of the revoking state would allow the
person to apply for licensure in that state;
(2) the person qualifies to apply for licensure under
(3) the out-of-state revocation is the only
revocation of driving privileges for the person;
(4) the person has not had any driving offenses since
the revocation, and the revocation is the only loss of the person's driving privileges in any jurisdiction; and
(5) the person complies with the requirements of
Title 92, Sections 1001.430 and 1001.440 of the Illinois Administrative Code concerning the General Provisions for Reinstatement of Driving Privileges After Revocation and the Provisions for Alcohol and Drug Related Revocations, Suspensions, and Cancellations.
(b) The Secretary may issue restricted driving permits to new residents whose driving privileges are revoked in another state. These permits must be issued according to the restrictions, and for the purposes, stated in Sections 6-205 and 6-206 of this Code. The Secretary shall adopt rules for the issuance of these permits.
(c) A restricted driving permit issued under this Section is subject to cancellation, revocation, and suspension by the Secretary of State in the same manner and for the same causes as a driver's license issued under this Code may be cancelled, revoked, or suspended, except that a conviction of one or more offenses against laws or ordinances regulating the movement of traffic is sufficient cause for the revocation, suspension, or cancellation of a restricted driving permit.
(Source: P.A. 99-300, eff. 1-1-16