Illinois Compiled Statutes
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VEHICLES625 ILCS 5/5-503
(625 ILCS 5/) Illinois Vehicle Code.
(625 ILCS 5/5-503)
(from Ch. 95 1/2, par. 5-503)
Failure to obtain dealer's license, operation of a business
with a suspended or revoked license. (a) Any person operating a business
for which he is required to be licensed under Section 5-101, 5-102, 5-201
or 5-301 who fails to apply for such a license or licenses within 15 days
after being informed in writing by the Secretary of State that he must obtain
such a license or licenses is subject to a civil action brought by the
Secretary of State for operating a business without a license in the
circuit court in the county in which the business is located. If the
person is found to be in violation of Section 5-101, 5-102, 5-201 or 5-301
by carrying on a business without being properly licensed, that person
shall be fined $300 for each business day he conducted his business without
such a license after the expiration of the 15 day period specified in this
(b) Any person who, having had his license or licenses issued under Section
5-101, 5-102, 5-201 or 5-301 suspended, revoked, cancelled or denied by the
Secretary of State under Section 5-501, continues to operate business after
the effective date of such revocation, suspension, cancellation or denial
may be sued in a civil action by the Secretary of State in the county in
which the established or additional place of such business is located. If
such person is found by the court to have operated such a business after
the license or licenses required for conducting such
business have been suspended, revoked, cancelled or denied, that person
shall be fined $500 for each day he conducted business thereafter.
(Source: P.A. 86-444.)
625 ILCS 5/5-504
(625 ILCS 5/5-504)
(from Ch. 95 1/2, par. 5-504)
Effect of revoked or denied license - Notification to prospective
buyers - Rescinding of contracts. (a) No license shall be issued to any
person to conduct the business of a new vehicle
dealer, used vehicle
dealer, scrap processor, automotive parts
recycler, repairer, or
rebuilder at a location or at property at which that person or any other
person had his license as a new vehicle dealer, used
scrap processor, automotive parts recycler, repairer, or rebuilder revoked or denied
after a revocation or pending revocation within 2
months after such revocation or denial.
(b) A licensee who has been notified by the Secretary of State that the
Secretary of State may take action to revoke the dealer's license or
licenses of that licensee shall inform in writing any prospective buyer of
his business of such possible action by the Secretary of State.
(c) If any person purchases or contracts to purchase a business
required to be licensed by Section 5-101, 5-102, 5-201 or 5-301 without
being informed in writing by the prior owner or owners that, at the time of
the sale or making of contract to purchase, the prior owner or owners had
been informed by the Secretary of State that the Secretary of State may be
taking action to revoke the license or licenses of the prior owner or
owners, the person who has purchased or contracted to purchase such
business may, within one year after being informed that his application for
a dealer's license at that location had been denied due to the revocation
of the license or licenses of any prior owner or owners, rescind the
purchase or contract to purchase such business or the property, both real
and otherwise, at which the business is located.
(d) Notwithstanding the provisions of subsection (a) of this Section,
the Secretary of State may issue a license to a person applying for a
license as a new vehicle dealer, used vehicle dealer, scrap processor,
automotive parts recycler, repairer or rebuilder if the Secretary of State,
solely in his discretion, determines that a denial of the license under the
circumstances would place extreme undue hardship upon the applicant.
No license shall be issued under this subsection to a person who is a
spouse, offspring, sibling, parent, grandparent, grandchild, uncle or aunt,
nephew or niece, cousin or in-law of the person whose license to do
business at that location had been revoked or denied nor to a person who
was an officer or employee of the business firm in relation to which the
license was revoked or denied.
Notwithstanding the provisions of subsection (e) of Section 2-118 of
this Code, the venue for judicial review of final acts or decisions under
this subsection shall be the Circuit Court of Sangamon County.
(Source: P.A. 84-1302; 84-1304.)
625 ILCS 5/Ch. 5 Art. VI
(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