Public Act 90-0089 of the 90th General Assembly
Public Act 90-0089
HB0288 Enrolled LRB9000475NTsbB
AN ACT concerning vehicles, amending named Acts.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Park District Code is amended by changing
Section 3-9 as follows:
(70 ILCS 1205/3-9) (from Ch. 105, par. 3-9)
Sec. 3-9. Whenever any territory, containing 80 acres or
less, not incorporated within a park district is wholly
bounded by one or more park districts, or is wholly bounded
by one or more park districts and a river, lake, railroad or
arterial street, as defined in Section 1-104 of the Illinois
Vehicle Code, such territory may be annexed by any park
district by which it is bounded in whole or in part, by the
passage of an ordinance to that effect after notice is given
as provided in this Section The corporate authorities shall
cause notice, stating that annexation of the territory
described in the notice is contemplated under this Section,
to be published once, in a newspaper published in the
annexing park district, or, if no newspaper is published in
the annexing park district, then in a newspaper with a
general circulation within the annexing park district not
more than 45 nor less than 30 days before the passage of the
annexation ordinance. The ordinance shall describe the
territory annexed and a certified copy thereof together with
an accurate map of the annexed territory shall be filed in
the offices of the County Clerk and Recorder of each county
in which said annexation takes place.
As used in this Section, "arterial street" means any U.S.
or State numbered route, controlled access highway, or other
major radial or circumferential street or highway designated
by local authorities within their respective jurisdictions as
part of a major arterial system of streets or highways.
(Source: P.A. 87-368.)
Section 10. The Litter Control Act is amended by
changing Section 3 as follows:
(415 ILCS 105/3) (from Ch. 38, par. 86-3)
Sec. 3. As used in this Act, unless the context
otherwise requires:
(a) "Litter" means any discarded, used or unconsumed
substance or waste. "Litter" may include, but is not limited
to, any garbage, trash, refuse, debris, rubbish, grass
clippings or other lawn or garden waste, newspaper,
magazines, glass, metal, plastic or paper containers or other
packaging construction material, abandoned vehicle (as
defined in Section 4-100 of the Illinois Vehicle Code), motor
vehicle parts, furniture, oil, carcass of a dead animal, any
nauseous or offensive matter of any kind, any object likely
to injure any person or create a traffic hazard, potentially
infectious medical waste as defined in Section 3.84 of the
Environmental Protection Act, or anything else of an
unsightly or unsanitary nature, which has been discarded,
abandoned or otherwise disposed of improperly.
(b) "Motor vehicle" has the meaning ascribed to that
term in Section 1-146 of the Illinois Vehicle Code.
(c) "Person" means any individual, partnership,
copartnership, firm, company, corporation, association, joint
stock company, trust, estate, or any other legal entity, or
their legal representative, agent or assigns.
(Source: P.A. 88-415; 88-670, eff. 12-2-94.)
Section 15. The Illinois Vehicle Code is amended by
adding Sections 1-101.05, 1-101.1a, 1-101.5, 1-101.6,
1-105.3, 1-105.6, 1-106.5, 1-111.4, 1-111.5, 1-111.6,
1-111.7, 1-112.7, 1-115.05, 1-115.07, 1-115.3, 1-115.5,
1-115.6, 1-115.8, 1-117.5, 1-119.3, 1-119.6, 1-120.5,
1-122.7, 1-123.3, 1-123.4, 1-123.5, 1-123.7, 1-124.5,
1-125.7, 1-133.05, 1-136.5, 1-140.5, 1-142.05, 1-142.1a,
1-142.1b, 1-144.05, 1-148.3a, 1-148.8, 1-154.5, 1-154.7,
1-155.5, 1-156.5, 1-164.5, 1-164.7, 1-168.05, 1-168.5,
1-169.5, 1-171.01a, 1-171.01b, 1-171.01c, 1-171.3, 1-179.5,
1-180.5, 1-182.3, 1-182.6, 1-182.8, 1-186.5, 1-190.05,
1-202.5, 1-204.05, 1-204.3, 1-204.4, 1-209.5, 1-213.4,
1-213.5, and 1-218.5, renumbering Sections 1-102.02, 1-110.1,
1-110a, 1-114, 1-114.1, 1-114.2, 1-124, 1-148, 1-151, 1-164,
1-171.01, 1-203.1, 1-211.1, 1-214.1, 1-222, 1-224, and 1-300,
changing Sections 1-112.2, 1-162, 1-176.1, 1-183, 1-205.01,
1-205.1, 2-105, 3-400, 3-402, 3-402.1, 3-618, 3-804.02,
3-808, 3-1001, 4-103, 5-100, 5-401.3, 6-301.2, 6-500, 6-901,
7-100, 7-102, 7-305, 7-501, 11-100, 11-416, 11-1403.3,
11-1424, 12-603, 12-605.1, 12-605.2, 12-607.1, 12-714,
12-715, 12-902, 13B-5, 15-107, 15-111, 15-301, 18b-101,
18b-102, 18b-105, 18b-111, and 18c-5204, and changing and
renumbering Section 1-148.1 as follows:
(625 ILCS 5/1-101.05 new)
Sec. 1-101.05. Abandoned vehicle. For the purposes of
Chapter 4, "abandoned vehicle" means any vehicle in a state
of disrepair rendering the vehicle incapable of being driven
in its condition or any vehicle that has not been moved or
used for 7 consecutive days or more and is apparently
deserted.
(625 ILCS 5/1-101.1a new)
Sec. 1-101.1a. Administrative decision. The term
"administrative decision" is defined as in Section 3-101 of
the Code of Civil Procedure.
(625 ILCS 5/1-101.5 new)
Sec. 1-101.5. Agency. For the purposes of Chapter 13B,
"Agency" means the Illinois Environmental Protection Agency.
(625 ILCS 5/1-101.6 new)
Sec. 1-101.6. Agricultural movements. The operation of
a motor vehicle or combination of vehicles controlled and
operated by a private motor carrier of property that is using
the vehicle to transport nonhazardous or hazardous
agricultural crop production fertilizers or agricultural
chemicals from a local source of supply to farm or field,
from one farm or field to another, or from farm or field back
to the local source of supply.
(625 ILCS 5/1-101.8, formerly 5/1-102.02) (from Ch. 95
1/2, par. 1-102.02)
Sec. 1-101.8. 1-102.02. All-terrain vehicle. Any
motorized off-highway device 50 inches or less in width,
having a manufacturer's dry weight of 600 pounds or less,
traveling on 3 or more low-pressure tires, designed with a
seat or saddle for operator use, and handlebars or steering
wheel for steering control.
(Source: P.A. 85-830.)
(625 ILCS 5/1-105.3 new)
Sec. 1-105.3. Automotive parts recycler. A person who
is in the business of acquiring previously owned vehicles and
vehicle parts for the primary purpose of disposing of parts
of vehicles in a manner other than that described in the
definition of a "scrap processor" in this Code.
(625 ILCS 5/1-105.6 new)
Sec. 1-105.6. Axle load. The total load transmitted to
the road by all wheels whose centers may be included between
2 parallel transverse vertical planes 40 inches apart
extending across the full width of the vehicle.
(625 ILCS 5/1-106.5 new)
Sec. 1-106.5. Bumper. Every device or system of devices
protruding from and attached to the front and rear of a motor
vehicle that has been designed to be used to absorb the
impact of a collision.
(625 ILCS 5/1-111.1a, formerly 5/1-171.01) (from Ch. 95
1/2, par. 1-171.01)
Sec. 1-111.1a. 1-171.01. Charitable vehicle.
(a) Any vehicle that is exclusively owned and operated
by a religious or charitable not-for-profit organization and
is used primarily in conducting the official activities of
such organization.
(b) This definition does not include:
(1) a bus operated by a public utility, municipal
corporation or common carrier authorized to conduct local
or interurban transportation of passengers when such bus
is on a regularly scheduled route for the transportation
of other fare paying passengers or furnishing charter
service for the transportation of groups on special trips
or in connection with special events and not over a
regular or customary religious organization bus route;
(2) a school bus as defined in Section 1-182 of
this Code; or
(3) a First Division vehicle as defined in Section
1-217 of this Code; except that for purposes of
determining the number of persons a vehicle is designed
to carry, in any vehicle equipped with one or more
wheelchair tiedowns, each wheelchair tiedown shall be
counted as 4 persons.
(Source: P.A. 87-1025.)
(625 ILCS 5/1-111.1b, formerly 5/1-110.1) (from Ch. 95
1/2, par. 1-110.1)
Sec. 1-111.1b. 1-110.1. Chassis. Every frame or
supportive element of a vehicle whether or not a
manufacturer's identification number, serial number, or other
identifying numbers are present on said part.
(Source: P.A. 83-831.)
(625 ILCS 5/1-111.1c, formerly 5/1-110a) (from Ch. 95
1/2, par. 1-110a)
Sec. 1-111.1c. 1-110a. Chassis manufacturer. A person
who manufactures and produces the frame upon which is mounted
the body of a motor vehicle.
(Source: P.A. 86-971.)
(625 ILCS 5/1-111.4 new)
Sec. 1-111.4. Commerce. Trade, commerce, or
transportation.
(625 ILCS 5/1-111.5 new)
Sec. 1-111.5. Commercial driver instruction permit. A
permit issued pursuant to Section 6-508 of this Code.
(625 ILCS 5/1-111.6 new)
Sec. 1-111.6. Commercial driver's license (CDL). A
driver's license issued by a state to a person that
authorizes that person to drive a certain class of commercial
motor vehicle or vehicles.
(625 ILCS 5/1-111.7 new)
Sec. 1-111.7. Commercial driver license information
system (CDLIS). The information system established, pursuant
to the Commercial Motor Vehicle Safety Act of 1986 (CMVSA)
(49 U.S.C. 2701 et seq.), to serve as a clearinghouse for
locating information related to the licensing and
identification of commercial motor vehicle drivers.
(625 ILCS 5/1-111.8, formerly 5/1-114) (from Ch. 95 1/2,
par. 1-114)
Sec. 1-111.8. 1-114. Commercial vehicle. Any vehicle
operated for the transportation of persons or property in the
furtherance of any commercial or industrial enterprise,
For-Hire or Not-For-Hire, but not including a commuter van, a
vehicle used in a ridesharing arrangement when being used for
that purpose, or a recreational vehicle not being used
commercially.
(Source: P.A. 83-1091.)
(625 ILCS 5/1-111.9, formerly 5/1-114.1) (from Ch. 95
1/2, par. 1-114.1)
Sec. 1-111.9. 1-114.1. Commuter van. A motor vehicle
designed for the transportation of not less than 7 nor more
than 16 passengers, which is: (1) used in a ridesharing
arrangement; or (2) owned or leased by or on behalf of a
company or an employee organization and operated on a
non-profit basis with the primary purpose of transporting
employees of the company between the employees' homes and the
company's place of business or a public transportation
station and in which the operating, administrative,
maintenance and reasonable depreciation costs are paid
principally by the persons utilizing the commuter van.
(Source: P.A. 84-603.)
(625 ILCS 5/1-112.2) (from Ch. 95 1/2, par. 1-112.2)
Sec. 1-112.2. Converter or second stage manufacturer. A
person who prior to the retail sale of a motor vehicle,
assembles, installs or affixes a body, cab, or special
equipment to a chassis, or who adds, subtracts from, or
modifies a previously assembled or manufactured motor
vehicle, commonly known as a second stage manufacturer.
(Source: P.A. 86-971.)
(625 ILCS 5/1-112.5, formerly 5/1-114.2) (from Ch. 95
1/2, par. 1-114.2)
Sec. 1-112.5. 1-114.2. Counterfeit. To copy or imitate,
without legal authority, with the intent of deceiving or
defrauding.
(Source: P.A. 83-1473.)
(625 ILCS 5/1-112.7 new)
Sec. 1-112.7. Court. A court of law, traffic tribunal,
or circuit court of Illinois, including a judge of a court of
law, traffic tribunal, or circuit court of Illinois.
(625 ILCS 5/1-115.05 new)
Sec. 1-115.05. Department. The Department of
Transportation of the State of Illinois, acting directly or
through its duly authorized officers and agents, except that
in Chapter 5 and Articles X and XI of Chapter 3 of this Code,
"Department" means the Department of Revenue of the State of
Illinois.
(625 ILCS 5/1-115.07 new)
Sec. 1-115.07. Derelict vehicle. Any inoperable,
unregistered, discarded motor vehicle, regardless of title,
having lost its character as a substantial property and left
unattended without justification on the owner's land contrary
to the public policy expressed in Section 4-301 of this Code.
(625 ILCS 5/1-115.3 new)
Sec. 1-115.3. Disqualification. A withdrawal of the
privilege to drive a commercial motor vehicle.
(625 ILCS 5/1-115.5 new)
Sec. 1-115.5. Domicile. A true, fixed, and permanent
legal home of a person or the place to which the person
intends to return even though the person may reside
elsewhere. As a further explanation, "A person may have more
than one residence but only one domicile".
(625 ILCS 5/1-115.6 new)
Sec. 1-115.6. Domiciliary. A person who is domiciled.
(625 ILCS 5/1-115.8 new)
Sec. 1-115.8. Drive. To drive, operate, or be in
physical control of a motor vehicle.
(625 ILCS 5/1-117.5 new)
Sec. 1-117.5. Driver's license or permit making
implement. Any implement specially designed or primarily
used in the manufacture, assembly, or authentication of an
official driver's license or permit issued by the Secretary
of State or other official driver's license agency in another
jurisdiction. These implements include, but are not limited
to, cameras used for creating driver's license captured
images, camera cards, or driver's license or permit
laminates.
(625 ILCS 5/1-119.3 new)
Sec. 1-119.3. Expressway. A freeway with full control
access and with grade separations at intersections.
(625 ILCS 5/1-119.6 new)
Sec. 1-119.6. Farm to market agricultural
transportation. The operation of a motor vehicle controlled
and operated by a farmer who is a private motor carrier of
property, who is using the vehicle to transport agricultural
products to or from a farm operated by the farmer or to
transport farm machinery or farm supplies to or from a farm
operated by the farmer, and who is not using the commercial
vehicle to transport hazardous materials of a type or
quantity that requires the vehicle to be placarded in
accordance with the Illinois Hazardous Materials
Transportation Act.
(625 ILCS 5/1-120.5 new)
Sec. 1-120.5. Fifth wheel assembly. A coupling device
connecting 2 or more vehicles operating in combination. The
lower half of a fifth wheel assembly mounted on a truck
tractor or converter dolly must be secured to the frame of
that vehicle with properly designed brackets, mounting
plates, or angles and properly tightened bolts of adequate
size and grade or devices that provide equivalent security.
The installation shall not cause cracking, warping, or
deformation of the frame. The installation shall include a
device for positively preventing the lower half of the fifth
wheel assembly from shifting on the frame to which it is
attached.
The upper half of a fifth wheel assembly must be fastened
to the motor vehicle with at least the same security required
for the installation of the lower half on a truck tractor or
converter dolly.
Every fifth wheel assembly shall have a locking
mechanism. The locking mechanism and any adapter used in
conjunction with it must prevent separation of the upper and
lower halves of the fifth wheel assembly unless a positive
manual release is activated. The release may be located so
that the driver can operate it from the cab. If a motor
vehicle has a fifth wheel assembly designed and constructed
to be readily separable, the fifth wheel assembly locking
devices shall apply automatically on coupling.
The lower half of a fifth wheel assembly shall be located
so that, regardless of the condition of loading, the
relationship between the kingpin and the rear axle or axles
of the towing motor vehicle will properly distribute the
gross weight of both the towed and towing vehicles on the
axles of those vehicles, will not unduly interfere with the
steering, braking, and other maneuvering of the towing
vehicle, and will not otherwise contribute to unsafe
operation of the vehicles comprising the combination. The
upper half of a fifth wheel assembly shall be located so that
the weight of the vehicles is properly distributed on their
axles and the combination of vehicles will operate safely
during normal operation.
(625 ILCS 5/1-122.5, formerly 5/1-124) (from Ch. 95 1/2,
par. 1-124)
Sec. 1-122.5. 1-124. For-hire. The operation of a vehicle
for compensation and subject to federal regulation by the
Interstate Commerce Commission or to state regulation by the
Illinois Commerce Commission and those vehicles governed by
Chapters 8 and 9 under this Code and regulated by the
Secretary of State.
(Source: P.A. 86-880.)
(625 ILCS 5/1-122.7 new)
Sec. 1-122.7. For-profit ridesharing arrangement. The
transportation by motor vehicle of not more than 16 persons,
including the driver, for which a fee is charged in
accordance with Section 6 of the Ridesharing Arrangements
Act.
(625 ILCS 5/1-123.3 new)
Sec. 1-123.3. Frame. The main longitudinal structural
members of the chassis of the vehicle or, for vehicles with
unitized body construction, the lowest main longitudinal
structural members of the body of the vehicle.
(625 ILCS 5/1-123.4 new)
Sec. 1-123.4. Fraudulent driver's license or permit.
Any license or permit that purports to be an official
driver's license or permit for which a computerized number
and file have not been created by the Secretary of State or
other official driver's license agency in another
jurisdiction.
(625 ILCS 5/1-123.5 new)
Sec. 1-123.5. Freeway. A highway or street especially
designed for through traffic and to, from, or over which
owners of or persons having an interest in abutting land or
other persons have no right or easement or only a limited
right or easement of access, crossing, light, air, or view by
reason of the fact that the property abuts upon the highway
or street or for any other reason.
(625 ILCS 5/1-123.7 new)
Sec. 1-123.7. Garbage. Any material or load consisting
of waste from the facilities of the generator of the waste
when transported for disposal or to a permitted recycling or
waste processing facility when the generator receives no
direct or indirect compensation from anyone for the material
or load and when transported by a truck specially equipped
with a selfcompactor or an industrial roll-off hoist and
roll-off container.
(625 ILCS 5/1-124.5 new)
Sec. 1-124.5. Gross Vehicle Weight Rating (GVWR). The
value specified by the manufacturer or manufacturers as the
maximum loaded weight of a single vehicle. The GVWR of a
combination of vehicles (commonly referred to as the "Gross
Combination Weight Rating" or GCWR) is the GVWR of the power
unit plus the GVWR of the towed unit or units. In the
absence of a value specified by the manufacturer, GCWR is
determined by adding the GVWR of the power unit and the total
weight of the towed unit and any load on the unit.
(625 ILCS 5/1-125.7 new)
Sec. 1-125.7. Headset receiver. Any device, other than
a hearing aid, designed to be worn on a person's head that
enables the wearer to hear or receive electronic
communications.
(625 ILCS 5/1-133.05 new)
Sec. 1-133.05. Interstate carrier of property. Any
person who is engaged in the transportation of property only
by motor vehicle in whole or in part in interstate or foreign
commerce in this State either with or without authority
issued from the Interstate Commerce Commission.
(625 ILCS 5/1-136.5 new)
Sec. 1-136.5. Law enforcement agency. Every
governmental enforcement agency or officer having authority
to enforce the provisions of this Act or applicable local
vehicle ordinances.
(625 ILCS 5/1-140.5 new)
Sec. 1-140.5. Local mass transit system. An organized
system providing passenger transportation over regular routes
within a designated municipality or area.
(625 ILCS 1-142.05 new)
Sec. 1-142.05. Maxi-cube vehicle. A combination of
vehicles consisting of a truck-tractor, upon which is mounted
a separable cargo carrying semi-trailer, and a trailing unit
that is attached by a pintle hook or similar connection, with
the separable cargo carrying semi-trailer designed so as to
be loaded and unloaded through the trailing unit, except that
the entire combination shall not exceed 65 feet in length and
that neither the semi-trailer nor the trailing unit in the
combination shall by itself exceed 34 feet in length.
(625 ILCS 5/1-142.1a new)
Sec. 1-142.1a. Medical examiner or medical practitioner.
Any person licensed to practice medicine in all its branches
in the State of Illinois.
(625 ILCS 5/1-142.1b new)
Sec. 1-142.1b. Medical limitation or condition. A
scientifically recognized condition that may medically impair
a person's physical or mental health to the extent the person
is unable to safely operate a motor vehicle.
(625 ILCS 5/1-144.05 new)
Sec. 1-144.05. Model year. The year of manufacture of a
vehicle based upon the annual production period of the
vehicle as designated by the manufacturer and indicated on
the title and registration of the vehicle. If the
manufacturer does not designate a production period for the
vehicle, then "model year" means the calendar year of
manufacture.
(625 ILCS 1-145.001, formerly 5/1-148) (from Ch. 95 1/2,
par. 1-148)
Sec. 1-145.001. 1-148. Motor driven cycle. Every
motorcycle and every motor scooter with less than 150 cubic
centimeter piston displacement including motorized
pedalcycles.
(Source: P.A. 80-262.)
(625 ILCS 5/1-148.3a new)
Sec. 1-148.3a. Muffler. A device consisting of a series
of chambers or baffle plates or other mechanical design for
the purpose of receiving exhaust gas from an internal
combustion engine or turbine wheels for the purpose of
receiving exhaust gas from a diesel engine, all of which are
effective in reducing noise.
(625 ILCS 5/1-148.3b, formerly 5/1-148.1) (from Ch. 95
1/2, par. 1-148.1)
Sec. 1-148.3b. 1-148.1. Multipurpose passenger vehicle. A
motor passenger carrying vehicle with motive power, except a
trailer, designed to carry 10 persons or less that which is
constructed either on a truck chassis or with special
features for occasional off-road operation.
(Source: P.A. 78-343.)
(625 ILCS 5/148.6, formerly 5/1-151) (from Ch. 95 1/2,
par. 1-151)
Sec. 1-148.6. 1-151. Noncommercial vehicle. Any vehicle
that is not a commercial vehicle.
(Source: P.A. 76-1586.)
(625 ILCS 5/1-148.8 new)
Sec. 1-148.8. Nondivisible load or vehicle. A load or
vehicle that when separated into smaller loads or vehicles
further dismantling would:
(1) Compromise the intended use of the load or vehicle
or make it unable to perform the function for which it was
intended.
(2) Destroy the value of the load or vehicle or make it
unusable for its intended purpose.
(3) Require more than 8 work hours to dismantle using
appropriate equipment. The applicant for a nondivisible load
has the burden of proof as to the number of work hours
required to dismantle the load.
(625 ILCS 5/1-154.5 new)
Sec. 1-154.5. Out-of-service order. A temporary
prohibition against driving a commercial motor vehicle.
(625 ILCS 5/1-154.7 new)
Sec. 1-154.7. Out-of-state salvage vehicle buyer. A
person who is licensed in another state for the primary
purpose of acquiring salvage vehicles and who is issued an
out-of-state salvage vehicle buyer's identification card in
this State for the sole purpose of acquiring salvage vehicles
and taking them out of state.
(625 ILCS 5/1-155.5 new)
Sec. 1-155.5. Owner-operator. A commercial motor
vehicle lessor who leases the commercial motor vehicle, with
driver, to a lessee.
(625 ILCS 5/1-156.5 new)
Sec. 1-156.5. Park district. Any park district formed
under the Park District Code or any Submerged Land Park
District as that term is defined in subsection (c) of Section
1-3 of the Park District Code.
(625 ILCS 5/1-158.5, formerly 5/1-300) (from Ch. 95 1/2,
par. 1-300)
Sec. 1-158.5. 1-300. Penalties and offenses-definitions.
The following words and phrases when used in this Act, shall
for the purposes of this Act, have the meanings ascribed to
them in Article V of the "Unified Code of Corrections", as
now or hereafter amended:
Business Offense;
Conviction;
Court;
Felony;
Class 1 Felony;
Class 2 Felony;
Class 3 Felony;
Class 4 Felony;
Imprisonment;
Judgment;
Misdemeanor;
Class A Misdemeanor;
Class B Misdemeanor;
Class C Misdemeanor;
Offense;
Petty Offense;
Sentence.
(Source: P.A. 78-142.)
(625 ILCS 5/1-162) (from Ch. 95 1/2, par. 1-162)
Sec. 1-162. Police officer. Every officer authorized to
direct or regulate traffic or to make arrests and issue
citations for violations of traffic regulations.
(Source: P.A. 76-1586.)
(625 ILCS 5/1-162.5, formerly 5/1-164) (from Ch. 95 1/2,
par. 1-164)
Sec. 1-162.5. 1-164. Principal place of business. The
place where any person transacts his principal business, or
where he makes up and approves his payroll, maintains a
central file of records and maintains his principal executive
offices. In the event that not all of these functions are
performed in one place, then that place where a majority of
such functions are performed or the place where such person
does in fact principally transact and control his business
affairs.
(Source: P.A. 76-1586.)
(625 ILCS 5/1-164.5 new)
Sec. 1-164.5. Proof of financial responsibility. Proof
of ability to respond in damages for any liability thereafter
incurred resulting from the ownership, maintenance, use or
operation of a motor vehicle for bodily injury to or death of
any person in the amount of $20,000, and subject to this
limit for any one person injured or killed, in the amount of
$40,000 for bodily injury to or death of 2 or more persons in
any one accident, and for damage to property in the amount of
$15,000 resulting from any one accident. This proof in these
amounts shall be furnished for each motor vehicle registered
by every person required to furnish this proof.
(625 ILCS 5/1-164.7 new)
Sec. 1-164.7. Public utility. Each firm lawfully
licensed and engaged in any of the following: the
transmission of telegraphic or telephonic messages; the
production, storage, transmission, distribution, sale,
delivery, or furnishing of heat, cold, light, power,
electricity, gas, or water; the disposal of sewage; the
conveyance of oil or gas by pipeline; the drilling of water
wells; or the installation or repair of facilities for any of
these foregoing activities.
(625 ILCS 5/1-168.05 new)
Sec. 1-168.05. Rebuilder. A person who is in the
business of returning a vehicle for which a salvage
certificate has been previously issued back to its original
or operating condition.
(625 ILCS 5/1-168.5 new)
Sec. 1-168.5. Recognized repair technician. A person
professionally engaged in vehicle repair, employed by a going
concern whose purpose is vehicle repair, or possessing
nationally recognized certification for emission-related
diagnosis and repair.
(625 ILCS 5/1-169.5 new)
Sec. 1-169.5. Refuse. Any material or load consisting
of waste from the facilities of the generator of the waste
when transported for disposal or to a permitted recycling or
waste processing facility when the generator receives no
direct or indirect compensation from anyone for the material
or load and when transported by a truck specially equipped
with a selfcompactor or an industrial roll-off hoist and
roll-off container.
(625 ILCS 5/1-171.01a new)
Sec. 1-171.01a. Remittance agent. For the purposes of
Article IX of Chapter 3, the term "remittance agent" means
any person who holds himself or herself out to the public as
being engaged in or who engages in accepting money for
remittance to the State of Illinois or any of its
instrumentalities or political subdivisions, or to any of
their officials, for the payment of vehicle taxes or vehicle
license or registration fees regardless of when the money is
accepted from the public or remitted to the State, whether or
not the person renders any other service in connection with
the making of any such remittance or is engaged in any other
endeavor. The term "remittance agent" does not include any
licensed dealer in motor vehicles who accepts money for
remittance to the State of Illinois for the payment of
vehicle taxes or vehicle licenses or registration fees as an
incident to his or her business as a motor vehicle dealer.
(625 ILCS 5/1-171.01b new)
Sec. 1-171.01b. Remittee. The State of Illinois
location where the remittance agent brings the money and
application he or she receives from the general public
(remitter) to be processed by the State of Illinois.
(625 ILCS 5/1-171.01c new)
Sec. 1-171.01c. Remitter. Any person who gives money to
a remittance agent to submit to the State of Illinois and its
licensing and taxing agencies for the payment of vehicle
taxes or vehicle license and registration fees.
(625 ILCS 5/1-171.3 new)
Sec. 1-171.3. Repairer. A person who is in the business
of returning a vehicle other than a vehicle for which a
salvage certificate has been issued back to its original or
operating condition by restoring, mending, straightening,
replacing, altering, or painting its essential parts.
(625 ILCS 5/1-171.6, formerly 5/1-222) (from Ch. 95 1/2,
par. 1-222)
Sec. 1-171.6. 1-222. Rescue squad. A voluntary
association of individuals or a fire department dedicated to
saving lives through the rescue of persons entrapped in
wrecked vehicles or other hazardous circumstances and
associated with some unit of government.
(Source: P.A. 79-537.)
(625 ILCS 5/1-171.8, formerly 5/1-224) (from Ch. 95 1/2,
par. 1-224)
Sec. 1-171.8. 1-224. Rescue vehicle. Any publicly or
privately owned vehicle which is specifically designed,
configured, and equipped for the performance of access and
extrication of persons from hazardous or life-endangering
situations, as well as for the emergency transportation of
persons who are sick, injured, wounded or otherwise
incapacitated or helpless.
(Source: P.A. 82-433.)
(625 ILCS 5/1-176.1) (from Ch. 95 1/2, par. 1-176.1)
Sec. 1-176.1. Ridesharing arrangement. The transportation
by motor vehicle of not more than 16 persons, including the
driver, (1) for purposes incidental to another purpose of the
driver, for which no fee is charged or paid except to
reimburse the driver or owner of the vehicle for his or her
operating expenses on a nonprofit basis or (2) when these
persons are traveling between their homes and their places of
employment, or places reasonably convenient thereto, for
which (i) no fee is charged or paid except to reimburse the
driver or owner of the vehicle for his or her operating
expenses on a nonprofit basis or (ii) a fee is charged in
accordance with the provisions of Section 6 of "Ridesharing
arrangement" and "for-profit ridesharing arrangement" shall
have the meanings ascribed to them in the Ridesharing
Arrangements Act.
(Source: P.A. 83-1091.)
(625 ILCS 5/1-179.5 new)
Sec. 1-179.5. Rooftop. The major uppermost portion of a
bus body that is flat in a fore and aft direction.
(625 ILCS 5/1-180.5 new)
Sec. 1-180.5. Safety glazing material. Any glazing
material so constructed, treated, or combined with other
materials as to reduce substantially, in comparison with
ordinary sheet glass or plate glass, the likelihood of injury
to persons by objects from exterior sources or by these
safety glazing materials when they may be cracked or broken.
(625 ILCS 5/1-182.3 new)
Sec. 1-182.3. Scrap processor. A person who purchases a
vehicle, junk vehicle, or vehicle cowl for processing into a
form other than a vehicle, junk vehicle, or vehicle cowl for
remelting purposes only, who from a fixed location utilizes
machinery and equipment for processing or manufacturing
ferrous or nonferrous metallic scrap into prepared grades,
and whose principal product is metallic scrap and who records
the purchases on a weight ticket.
(625 ILCS 5/1-182.6 new)
Sec. 1-182.6. Seat safety belts. A set of belts or a
harness meeting the specifications established by the
Department of Transportation and installed in such manner as
to prevent or materially reduce the movement of the person
using the belts or harness in the event of collision or upset
of the vehicle.
(625 ILCS 5/1-182.8 new)
Sec. 1-182.8. Second stage manufacturer or converter. A
person who prior to the retail sale of a motor vehicle,
assembles, installs or affixes a body, cab, or special
equipment to a chassis, or who adds, subtracts from, or
modifies a previously assembled or manufactured motor
vehicle.
(625 ILCS 5/1-183) (from Ch. 95 1/2, par. 1-183)
Sec. 1-183. Secretary. The Illinois Secretary of State or
his or her designee of Illinois.
(Source: P.A. 76-1586.)
(625 ILCS 5/1-186.5 new)
Sec. 1-186.5. Selling price. The consideration received
for a motor vehicle subject to the tax imposed by Section
3-1001 valued in money, whether received in money or
otherwise, including cash, credits, service, or property. In
the case of gifts or transfers without reasonable
consideration, "selling price" shall be deemed to be the fair
market value as determined by the Department of Revenue.
(625 ILCS 5/1-190.05 new)
Sec. 1-190.05. Special hauling vehicle. A vehicle or
combination of vehicles transporting asphalt or concrete in
the plastic state or a vehicle or combination of vehicles
that is subject to the weight limitations in subsections (a)
and (b) of Section 15-111 for which the owner of the vehicle
or combination of vehicles has elected to pay, in addition
to the registration fees stated in subsection (a) or (c) of
Section 3-815 or Section 3-818, $100 to the Secretary of
State for each registration year.
(625 ILCS 5/1-197.5, formerly 5/1-203.1) (from Ch. 95
1/2, par. 1-203.1)
Sec. 1-197.5. 1-203.1. Statutory summary alcohol or
other drug related suspension of driver's privileges. The
withdrawal by the circuit court of a person's license or
privilege to operate a motor vehicle on the public highways
for the periods provided in Section 6-208.1. Reinstatement
after the suspension period shall occur after all appropriate
fees have been paid, unless the court notifies the Secretary
of State that the person should be disqualified. The bases
for this withdrawal of driving privileges shall be the
individual's refusal to submit to or failure to complete a
chemical test or tests following an arrest for the offense of
driving under the influence of alcohol or other drugs, or
both, or submission to such a test or tests indicating an
alcohol concentration of 0.10 or more as provided in Section
11-501.1 of this Code.
(Source: P.A. 84-1394.)
(625 ILCS 5/1-202.5 new)
Sec. 1-202.5. Strobe lamp. A vehicular signaling device
that generates flashes of light by inducing intermittent
flows of electricity through a gas.
(625 ILCS 5/1-204.05 new)
Sec. 1-204.05. Suspension system. The system of devices
consisting of but not limited to springs, spring shackles,
shock absorbers, torsion bars, a frame, or any other
supporting members used to attach the body of a motor vehicle
to its axles.
(625 ILCS 5/1-204.3 new)
Sec. 1-204.3. Tandem axles. Any 2 or more single axles
whose centers are more than 40 inches and not more than 96
inches apart, measured to the nearest inch between extreme
axles in the series, except as provided in Section 15-111 for
special hauling vehicles.
(625 ILCS 5/1-204.4 new)
Sec. 1-204.4. Tank vehicle. Any commercial motor
vehicle that is designed to transport any liquid or gaseous
material within a tank that is either permanently or
temporarily attached to the vehicle or the chassis. Those
vehicles include, but are not limited to, cargo tanks and
portable tanks, as defined in 49 C.F.R. Part 171. However,
for the purposes of Article V of Chapter 6 of this Code, this
definition does not include portable tanks having a rated
capacity of less than 1,000 gallons.
(625 ILCS 5/1-205.01) (from Ch. 95 1/2, par. 1-205.01)
Sec. 1-205.01. Tollroad or toll highway. All highways
under the jurisdiction of the Illinois State Toll Highway
Authority.
(Source: P.A. 85-830.)
(625 ILCS 5/1-205.1) (from Ch. 95 1/2, par. 1-205.1)
Sec. 1-205.1. Tow-Truck. Every truck designed or altered
and equipped for and used to push, tow, carry upon, or draw
vehicles by means of a crane, hoist, towbar, towline or
auxiliary axle, or carried upon to render assistance to
disabled vehicles, except for any truck tractor temporarily
converted to a tow truck by means of a portable wrecker unit
attached to the fifth wheel of the truck tractor and used
only by the owner to tow a disabled vehicle also owned by him
or her and never used for hire.
(Source: P.A. 89-245, eff. 1-1-96.)
(625 ILCS 5/1-209.5 new)
Sec. 1-209.5. Transportation. The actual movement of
property or passengers by motor vehicle, together with
loading, unloading, and any other accessorial or ancillary
service provided by the carrier in connection with movement
by motor vehicle.
(625 ILCS 5/1-212.5, formerly 5/1-211.1) (from Ch. 95
1/2, par. 1-211.1)
Sec. 1-212.5. 1-211.1. Truckster. Every motor vehicle or
motorcycle with 3 wheels designed, used or maintained
primarily for the transportation of property.
(Source: P.A. 77-1633.)
(625 ILCS 5/1-213.4 new)
Sec. 1-213.4. Type I school bus. A school bus with a
Gross Vehicle Weight Rating more than 10,000 pounds.
(625 ILCS 5/1-213.5 new)
Sec. 1-213.5. Type II school bus. A school bus with a
Gross Vehicle Weight Rating of 10,000 pounds or less.
(625 ILCS 5/1-214.8, formerly 5/1-214.1) (from Ch. 95
1/2, par. 1-214.1)
Sec. 1-214.8. 1-214.1. Urban area. An urban area is any
incorporated or unincorporated area developed primarily for
residential and/or business purposes.
(Source: P.A. 77-58.)
(625 ILCS 5/1-218.5 new)
Sec. 1-218.5. Verified evidence. A document that is
confirmed or substantiated by a sworn report or any public
record received from a court of competent jurisdiction.
(625 ILCS 5/2-105) (from Ch. 95 1/2, par. 2-105)
Sec. 2-105. Offices of Secretary of State. The Secretary
of State shall maintain offices in the State capital and in
such other places in the State as he may deem necessary to
properly carry out the powers and duties vested in him.
The Secretary of State may construct and equip one or
more buildings in the State of Illinois outside of the County
of Sangamon as he deems necessary to properly carry out the
powers and duties vested in him. The Secretary of State may,
on behalf of the State of Illinois, acquire public or private
property needed therefor by lease, purchase or eminent
domain. The care, custody and control of such sites and
buildings constructed thereon shall be vested in the
Secretary of State. Expenditures for the construction and
equipping of any of such buildings upon premises owned by
another public entity shall not be subject to the provisions
of any State law requiring that the State be vested with
absolute fee title to the premises. The exercise of the
authority vested in the Secretary of State by this Section is
subject to the appropriation of the necessary funds.
Pursuant to Sections 4-6.2, 5-16.2, and 6-50.2 of The
Election Code, the Secretary of State shall make driver
services facilities drivers license exam stations available
for use as temporary places of registration. Registration
within the offices shall be in the most public, orderly and
convenient portions thereof, and Section 4-3, 5-3, and 11-4
of The Election Code relative to the attendance of police
officers during the conduct of registration shall apply.
Registration under this Section shall be made in the manner
provided by Sections 4-8, 4-10, 5-7, 5-9, 6-34, 6-35, and
6-37 of The Election Code.
Within 30 days after the effective date of this
amendatory Act of 1990, and no later than November 1 of each
even-numbered year thereafter, the Secretary of State, to the
extent practicable, shall designate to each election
authority in the State a reasonable number of employees at
each driver services facility driver's license examination
station registered to vote within the jurisdiction of such
election authority and within adjacent election jurisdictions
for appointment as deputy registrars by the election
authority located within the election jurisdiction where the
employees maintain their residences. Such designation shall
be in writing and certified by the Secretary of State.
Each person applying at a driver services facility
driver's license examination station for a driver's license
or permit, a corrected driver's license or permit, an
Illinois identification card or a corrected Illinois
identification card shall be notified that the person may
register at such station to vote in the election jurisdiction
in which the station is located or in an election
jurisdiction adjacent to the location of the station and may
also transfer his voter registration at such station to an
address in the election jurisdiction within which the station
is located or to an address in an adjacent election
jurisdiction. Such notification may be made in writing or
verbally issued by an employee or the Secretary of State.
The Secretary of State shall promulgate such rules as may
be necessary for the efficient execution of his duties and
the duties of his employees under this amendatory Act of
1990.
(Source: P.A. 86-1435.)
(625 ILCS 5/3-400) (from Ch. 95 1/2, par. 3-400)
Sec. 3-400. Definition. Notwithstanding the definition
set forth in Chapter 1 of this Act, for the purposes of this
Article, the following words shall have the meaning ascribed
to them as follows:
"Apportionable Fee" means any periodic recurring fee
required for licensing or registering vehicles, such as, but
not limited to, registration fees, license or weight fees.
"Apportionable Vehicle" means any vehicle, except
recreational vehicles, vehicles displaying restricted plates,
city pickup and delivery vehicles, buses used in
transportation of chartered parties, and government owned
vehicles that are used or intended for use in 2 or more
member jurisdictions that allocate or proportionally register
vehicles, in a fleet which is used for the transportation of
persons for hire or the transportation of property and which
has a gross vehicle weight in excess of 26,000 pounds; or has
three or more axles regardless of weight; or is used in
combination when the weight of such combination exceeds
26,000 pounds gross vehicle weight. Vehicles, or
combinations having a gross vehicle weight of 26,000 pounds
or less and two-axle vehicles may be proportionally
registered at the option of such owner.
"Base Jurisdiction" means, for purposes of fleet
registration, the jurisdiction where the registrant has an
established place of business, where operational records of
the fleet are maintained and where mileage is accrued by the
fleet. In case a registrant operates more than one fleet,
and maintains records for each fleet in different places, the
"base jurisdiction" for a fleet shall be the jurisdiction
where an established place of business is maintained, where
records of the operation of that fleet are maintained and
where mileage is accrued by that fleet.
"Operational Records" means documents supporting miles
traveled in each jurisdiction and total miles traveled, such
as fuel reports, trip leases, and logs.
Owner. A person who holds legal title of a motor
vehicle, or in the event a motor vehicle is the subject of an
agreement for the conditional sale or lease thereof with the
right of purchase upon performance of the conditions stated
in the agreement and with an immediate right of possession
vested in the conditional vendee or lessee with right of
purchase, or in the event a mortgagor of such motor vehicle
is entitled to possession, or in the event a lessee of such
motor vehicle is entitled to possession or control, then such
conditional vendee or lessee with right of purchase or
mortgagor or lessee is considered to be the owner for the
purpose of this Act.
"Preceding Year" means the period of 12 consecutive
months immediately prior to July 1st of the year immediately
preceding the registration or license year for which
proportional registration is sought.
"Rental Owner" means an owner principally engaged, with
respect to one or more rental fleets, in renting to others or
offering for rental the vehicles of such fleets, without
drivers.
"Restricted Plates" shall include but are not limited to
dealer, manufacturer, transporter, farm, repossessor, and
permanently mounted type plates. Vehicles displaying any of
these type plates from a foreign jurisdiction that is a
member of the International Registration Plan shall be
granted reciprocity but shall be subject to the same
limitations as similar plated Illinois registered vehicles.
(Source: P.A. 89-571, eff. 7-26-96.)
(625 ILCS 5/3-402) (from Ch. 95 1/2, par. 3-402)
Sec. 3-402. Vehicles subject to registration;
exceptions.
A. Exemptions and Policy. Every motor vehicle, trailer,
semitrailer and pole trailer when driven or moved upon a
highway shall be subject to the registration and certificate
of title provisions of this Chapter except:
(1) Any such vehicle driven or moved upon a highway
in conformance with the provisions of this Chapter
relating to manufacturers, transporters, dealers,
lienholders or nonresidents or under a temporary
registration permit issued by the Secretary of State;
(2) Any implement of husbandry whether of a type
otherwise subject to registration hereunder or not which
is only incidentally operated or moved upon a highway,
which shall include a not-for-hire movement for the
purpose of delivering farm commodities to a place of
first processing or sale, or to a place of storage;
(3) Any special mobile equipment as herein defined;
(4) Any vehicle which is propelled exclusively by
electric power obtained from overhead trolley wires
though not operated upon rails;
(5) Any vehicle which is equipped and used
exclusively as a pumper, ladder truck, rescue vehicle,
searchlight truck, or other fire apparatus, but not a
vehicle of a type which would otherwise be subject to
registration as a vehicle of the first division;
(6) Any vehicle which is owned and operated by the
federal government and externally displays evidence of
federal ownership. It is the policy of the State of
Illinois to promote and encourage the fullest use of its
highways and to enhance the flow of commerce thus
contributing to the economic, agricultural, industrial
and social growth and development of this State, by
authorizing the Secretary of State to negotiate and enter
into reciprocal or proportional agreements or
arrangements with other States, or to issue declarations
setting forth reciprocal exemptions, benefits and
privileges with respect to vehicles operated interstate
which are properly registered in this and other States,
assuring nevertheless proper registration of vehicles in
Illinois as may be required by this Code;
(7) Any converter dolly or tow dolly which merely
serves as substitute wheels for another legally licensed
vehicle. A title may be issued on a voluntary basis to a
tow dolly upon receipt of the manufacturer's certificate
of origin or the bill of sale;
(8) Any house trailer found to be an abandoned
mobile home under the Abandoned Mobile Home Act;
(9) Any vehicle that is not properly registered or
does not have registration plates issued to the owner or
operator affixed thereto, or that does have registration
plates issued to the owner or operator affixed thereto
but the plates are not appropriate for the weight of the
vehicle, provided that this exemption shall apply only
while the vehicle is being transported or operated by a
towing service and has a third tow plate affixed to it.
"Intrastate" or "intrastate commerce" means
transportation originating at any point or place within this
State and destined to any other point or place within this
State, irrespective of the route, highway or highways
traversed, and including transportation which passes into or
through another State before delivery is made within this
State, and including any act of transportation which includes
or completes a pickup within Illinois for delivery within
Illinois.
"Interstate" or "interstate commerce" means
transportation between 2 or more States or transportation
originating in one State and passing into or through other
States for delivery in another State, and which is not
"intrastate".
B. Reciprocity. Any motor vehicle, trailer, semitrailer
or pole trailer need not be registered under this Code
provided the same is operated interstate and in accordance
with the following provisions and any rules and regulations
promulgated pursuant thereto:
(1) A nonresident owner, except as otherwise
provided in this Section, owning any foreign registered
vehicle of a type otherwise subject to registration
hereunder, may operate or permit the operation of such
vehicle within this State in interstate commerce without
registering such vehicle in, or paying any fees to, this
State subject to the condition that such vehicle at all
times when operated in this State is operated pursuant to
a reciprocity agreement, arrangement or declaration by
this State, and further subject to the condition that
such vehicle at all times when operated in this State is
duly registered in, and displays upon it, a valid
registration card and registration plate or plates issued
for such vehicle in the place of residence of such owner
and is issued and maintains in such vehicle a valid
Illinois reciprocity permit as required by the Secretary
of State, and provided like privileges are afforded to
residents of this State by the State of residence of such
owner.
Every nonresident including any foreign corporation
carrying on business within this State and owning and
regularly operating in such business any motor vehicle,
trailer or semitrailer within this State in intrastate
commerce, shall be required to register each such vehicle
and pay the same fees therefor as is required with
reference to like vehicles owned by residents of this
State.
(2) Any motor vehicle, trailer, semitrailer and
pole trailer operated interstate need not be registered
in this State, provided:
(a) same is properly registered in another
State pursuant to law or to a reciprocity agreement,
arrangement or declaration; or
(b) that such vehicle is part of a fleet of
vehicles owned or operated by the same person who
registers such fleet of vehicles pro rata among the
various States in which such fleet operates; or
(c) that such vehicle is part of a fleet of
vehicles, a portion of which are registered with the
Secretary of State of Illinois in accordance with an
agreement or arrangement concurred in by the
Secretary of State of Illinois based on one or more
of the following factors: ratio of miles in Illinois
as against total miles in all jurisdictions; situs
or base of a vehicle, or where it is principally
garaged, or from whence it is principally dispatched
or where the movements of such vehicle usually
originate; situs of the residence of the owner or
operator thereof, or of his principal office or
offices, or of his places of business; the routes
traversed and whether regular or irregular routes
are traversed, and the jurisdictions traversed and
served; and such other factors as may be deemed
material by the Secretary and the motor vehicle
administrators of the other jurisdictions involved
in such apportionment; and
(d) that such vehicles shall maintain therein
any reciprocity permit which may be required by the
Secretary of State pursuant to rules and regulations
which the Secretary of State may promulgate in the
administration of this Code, in the public interest.
(3) (a) In order to effectuate the purposes of this
Code, the Secretary of State of Illinois is
empowered to negotiate and execute written
reciprocal agreements or arrangements with the duly
authorized representatives of other jurisdictions,
including States, districts, territories and
possessions of the United States, and foreign
states, provinces, or countries, granting to owners
or operators of vehicles duly registered or licensed
in such other jurisdictions and for which evidence
of compliance is supplied, benefits, privileges and
exemption from the payment, wholly or partially, of
any taxes, fees or other charges imposed with
respect to the ownership or operation of such
vehicles by the laws of this State except the tax
imposed by the Motor Fuel Tax Law, approved March
25, 1929, as amended, and the tax imposed by the Use
Tax Act, approved July 14, 1955, as amended.
The Secretary of State may negotiate agreements
or arrangements as are in the best interests of this
State and the residents of this State pursuant to
the policies expressed in this Section taking into
consideration the reciprocal exemptions, benefits
and privileges available and accruing to residents
of this State and vehicles registered in this State.
(b) Such reciprocal agreements or arrangements
shall provide that vehicles duly registered or
licensed in this State when operated upon the
highways of such other jurisdictions, shall receive
exemptions, benefits and privileges of a similar
kind or to a similar degree as extended to vehicles
from such jurisdictions in this State.
(c) Such agreements or arrangements may also
authorize the apportionment of registration or
licensing of fleets of vehicles operated interstate,
based on any or all of the following factors: ratio
of miles in Illinois as against total miles in all
jurisdictions; situs or base of a vehicle, or where
it is principally garaged or from whence it is
principally dispatched or where the movements of
such vehicle usually originate; situs of the
residence of the owner or operator thereof, or of
his principal office or offices, or of his places of
business; the routes traversed and whether regular
or irregular routes are traversed, and the
jurisdictions traversed and served; and such other
factors as may be deemed material by the Secretary
and the motor vehicle administrators of the other
jurisdictions involved in such apportionment, and
such vehicles shall likewise be entitled to
reciprocal exemptions, benefits and privileges.
(d) Such agreements or arrangements shall also
provide that vehicles being operated in intrastate
commerce in Illinois shall comply with the
registration and licensing laws of this State,
except that vehicles which are part of an
apportioned fleet may conduct an intrastate
operation incidental to their interstate operations.
Any motor vehicle properly registered and qualified
under any reciprocal agreement or arrangement under
this Code and not having a situs or base within
Illinois may complete the inbound movement of a
trailer or semitrailer to an Illinois destination
that was brought into Illinois by a motor vehicle
also properly registered and qualified under this
Code and not having a situs or base within Illinois,
or may complete an outbound movement of a trailer or
semitrailer to an out-of-state destination that was
originated in Illinois by a motor vehicle also
properly registered and qualified under this Code
and not having a situs or base in Illinois, only if
the operator thereof did not break bulk of the cargo
laden in such inbound or outbound trailer or
semitrailer. Adding or unloading intrastate cargo on
such inbound or outbound trailer or semitrailer
shall be deemed as breaking bulk.
(e) Such agreements or arrangements may also
provide for the determination of the proper State in
which leased vehicles shall be registered based on
the factors set out in subsection (c) above and for
apportionment of registration of fleets of leased
vehicles by the lessee or by the lessor who leases
such vehicles to persons who are not fleet
operators.
(f) Such agreements or arrangements may also
include reciprocal exemptions, benefits or
privileges accruing under The Illinois Driver
Licensing Law or The Driver License Compact.
(4) The Secretary of State is further authorized to
examine the laws and requirements of other jurisdictions,
and, in the absence of a written agreement or
arrangement, to issue a written declaration of the extent
and nature of the exemptions, benefits and privileges
accorded to vehicles of this State by such other
jurisdictions, and the extent and nature of reciprocal
exemptions, benefits and privileges thereby accorded by
this State to the vehicles of such other jurisdictions.
A declaration by the Secretary of State may include any,
part or all reciprocal exemptions, benefits and
privileges or provisions as may be included within an
agreement or arrangement.
(5) All agreements, arrangements, declarations and
amendments thereto, shall be in writing and become
effective when signed by the Secretary of State, and
copies of all such documents shall be available to the
public upon request.
(6) The Secretary of State is further authorized to
require the display by foreign registered trucks,
truck-tractors and buses, entitled to reciprocal
benefits, exemptions or privileges hereunder, a
reciprocity permit for external display before any such
reciprocal benefits, exemptions or privileges are
granted. The Secretary of State shall provide suitable
application forms for such permit and shall promulgate
and publish reasonable rules and regulations for the
administration and enforcement of the provisions of this
Code including a provision for revocation of such permit
as to any vehicle operated wilfully in violation of the
terms of any reciprocal agreement, arrangement or
declaration or in violation of the Illinois Motor Carrier
of Property Law, as amended.
(7) (a) Upon the suspension, revocation or denial
of one or more of all reciprocal benefits,
privileges and exemptions existing pursuant to the
terms and provisions of this Code or by virtue of a
reciprocal agreement or arrangement or declaration
thereunder; or, upon the suspension, revocation or
denial of a reciprocity permit; or, upon any action
or inaction of the Secretary in the administration
and enforcement of the provisions of this Code, any
person, resident or nonresident, so aggrieved, may
serve upon the Secretary, a petition in writing and
under oath, setting forth the grievance of the
petitioner, the grounds and basis for the relief
sought, and all necessary facts and particulars, and
request an administrative hearing thereon. Within
20 days, the Secretary shall set a hearing date as
early as practical. The Secretary may, in his
discretion, supply forms for such a petition.
(b) The Secretary may likewise, in his
discretion and upon his own petition, order a
hearing, when in his best judgment, any person is
not entitled to the reciprocal benefits, privileges
and exemptions existing pursuant to the terms and
provisions of this Code or under a reciprocal
agreement or arrangement or declaration thereunder
or that a vehicle owned or operated by such person
is improperly registered or licensed, or that an
Illinois resident has improperly registered or
licensed a vehicle in another jurisdiction for the
purposes of violating or avoiding the registration
laws of this State.
(c) The Secretary shall notify a petitioner or
any other person involved of such a hearing, by
giving at least 10 days notice, in writing, by U.S.
Mail, Registered or Certified, or by personal
service, at the last known address of such
petitioner or person, specifying the time and place
of such hearing. Such hearing shall be held before
the Secretary, or any person as he may designate,
and unless the parties mutually agree to some other
county in Illinois, the hearing shall be held in the
County of Sangamon or the County of Cook.
Appropriate records of the hearing shall be kept,
and the Secretary shall issue or cause to be issued,
his decision on the case, within 30 days after the
close of such hearing or within 30 days after
receipt of the transcript thereof, and a copy shall
likewise be served or mailed to the petitioner or
person involved.
(d) The actions or inactions or
determinations, or findings and decisions upon an
administrative hearing, of the Secretary, shall be
subject to judicial review in the Circuit Court of
the County of Sangamon or the County of Cook, and
the provisions of the Administrative Review Law, and
all amendments and modifications thereof and rules
adopted pursuant thereto, apply to and govern all
such reviewable matters.
Any reciprocal agreements or arrangements
entered into by the Secretary of State or any
declarations issued by the Secretary of State
pursuant to any law in effect prior to the effective
date of this Code are not hereby abrogated, and such
shall continue in force and effect until amended
pursuant to the provisions of this Code or expire
pursuant to the terms or provisions thereof.
(Source: P.A. 88-516; 89-433, eff. 12-15-95.)
(625 ILCS 5/3-402.1) (from Ch. 95 1/2, par. 3-402.1)
Sec. 3-402.1. Proportional Registration. Any owner or
rental owner engaged in operating a fleet of apportionable
vehicles in this state and one or more other states may, in
lieu of registration of such vehicles under the general
provisions of sections 3-402, 3-815 and 3-819, register and
license such fleet for operations in this state by filing an
application statement, signed under penalties of perjury,
with the Secretary of State which shall be in such form and
contain such information as the Secretary of State shall
require, declaring the total mileage operated in all states
by such fleet, the total mileage operated in this state by
such fleet during the preceding year, and describing and
identifying each apportionable vehicle to be operated in this
state during the ensuing year. If mileage data is not
available for the preceding year, the Secretary of State may
accept the latest 12-month period available. "Preceding year"
means the period of 12 consecutive months immediately prior
to July 1st of the year immediately preceding the
registration or license year for which proportional
registration is sought.
Such owner shall determine the proportion of in-state
miles to total fleet miles. Such percentage figure shall be
such owner's apportionment factor. In determining the total
fee payment, such owner shall first compute the license fee
for each vehicle within the fleet which would otherwise be
required, and then multiply the said amount by the Illinois
apportionment factor adding the fees for each vehicle to
arrive at a total amount for the fleet. Apportionable
trailers and semitrailers will be registered in accordance
with the provisions of Section 3-813 of this Code.
Upon receipt of the appropriate fees from such owner as
computed under the provisions of this section, the Secretary
of State shall, when this state is the base jurisdiction,
issue to such owner number plates or other distinctive tags
or such evidence of registration as the Secretary of State
shall deem appropriate to identify each vehicle in the fleet
as a part of a proportionally registered interstate fleet.
Vehicles registered under the provision of this section
shall be considered fully licensed and properly registered in
Illinois for any type of movement or operation. The
proportional registration and licensing provisions of this
section shall apply to vehicles added to fleets and operated
in this state during the registration year, applying the same
apportionment factor to such fees as would be payable for the
remainder of the registration year.
Apportionment factors for apportionable vehicles not
operated in this state during the preceding year shall be
determined by the Secretary of State on the basis of a full
statement of the proposed methods of operation and in
conformity with an estimated mileage chart as calculated by
the Secretary of State. An established fleet adding states
at the time of renewal shall estimate mileage for the added
states in conformity with a mileage chart developed by the
Secretary of State.
(Source: P.A. 87-206; 87-1041.)
(625 ILCS 5/3-618) (from Ch. 95 1/2, par. 3-618)
Sec. 3-618. Charitable vehicle plates. Charitable
vehicle plates shall be of such color and design as
prescribed by the Secretary. The fee for such plates shall be
as prescribed in Section 3-808 of this Code. Such plates may
be obtained by owners of charitable vehicles, as defined in
Section 1-171.01 of this Code.
(Source: P.A. 82-1011.)
(625 ILCS 5/3-804.02) (from Ch. 95 1/2, par. 3-804.02)
Sec. 3-804.02. Commuter Vans. The owner of a commuter
van, as defined in Section 1-114.1 of this Act, may register
such van for an annual fee not to exceed $50. The Secretary
may prescribe that commuter van plates be issued for an
indefinite term, such term to correspond to the term of
registration plates issued generally. In no event may the
registration fee for commuter vans exceed $50 per
registration year.
(Source: P.A. 81-492.)
(625 ILCS 5/3-808) (from Ch. 95 1/2, par. 3-808)
Sec. 3-808. Governmental and charitable vehicles -
Registration fees.
(a) A registration fee of $8 per 2 year registration
period shall be paid by the owner in the following cases:
1. Vehicles operated exclusively as a school bus
for school purposes by any school district or any
religious or denominational institution, except that such
a school bus may be used by such a religious or
denominational institution for the transportation of
persons to or from any of its official activities.
2. Vehicles operated exclusively in a high school
driver training program by any school district or school
operated by a religious institution.
3. Rescue squad vehicles as defined in Section
1-223 of this Code which are owned and operated by a
corporation or association organized and operated not for
profit for the purpose of conducting such rescue
operations.
4. Vehicles, used exclusively as school buses for
any school district, which are neither owned nor operated
by such district.
5. Charitable vehicles, as defined in Section
1-171.01 of this Code.
(b) Annual vehicle registration plates shall be issued,
at no charge, to the following:
1. Medical transport vehicles owned and operated by
the State of Illinois or by any State agency financed by
funds appropriated by the General Assembly.
2. Medical transport vehicles operated by or for
any county, township or municipal corporation.
(c) Ceremonial plates. Upon payment of a registration
fee of $48 per 2-year registration period, the Secretary of
State shall issue registration plates to vehicles operated
exclusively for ceremonial purposes by any not-for-profit
veterans', fraternal, or civic organization. The Secretary
of State may prescribe that ceremonial vehicle registration
plates be issued for an indefinite term, that term to
correspond to the term of registration plates issued
generally, as provided in Section 3-414.1.
(d) In any event, any vehicle registered under this
Section used or operated for purposes other than those herein
prescribed shall be subject to revocation, and in that event,
the owner may be required to properly register such vehicle
under the provisions of this Code.
(e) As a prerequisite to registration under this
Section, the Secretary of State may require the vehicle
owners listed in subsection (a) of this Section who are
exempt from federal income taxation under subsection (c) of
Section 501 of the Internal Revenue Code of 1986, as now or
hereafter amended, to submit to him a determination letter,
ruling or other written evidence of tax exempt status issued
by the Internal Revenue Service. The Secretary may accept a
certified copy of the document issued by the Internal Revenue
Service as evidence of the exemption. The Secretary may
require documentation of eligibility under this Section to
accompany an application for registration.
(f) Special event plates. The Secretary of State may
issue registration plates in recognition or commemoration of
special events which promote the interests of Illinois
citizens. These plates shall be valid for no more than 60
days prior to the date of expiration. The Secretary shall
require the applicant for such plates to pay for the costs of
furnishing the plates.
Beginning July 1, 1991, all special event plates shall be
recorded in the Secretary of State's files for immediate
identification.
The Secretary of State, upon issuing a new series of
special event plates, shall notify all law enforcement
officials of the design and other special features of the
special plate series.
All special event plates shall indicate, in the lower
right corner, the date of expiration in characters no less
than 1/2 inch high.
(Source: P.A. 88-470; 89-245, eff. 1-1-96; 89-564, eff.
7-26-96; 89-626, eff. 8-9-96.)
(625 ILCS 5/3-1001) (from Ch. 95 1/2, par. 3-1001)
Sec. 3-1001. A tax is hereby imposed on the privilege of
using, in this State, any motor vehicle as defined in Section
1-146 of this Code acquired by gift, transfer, or purchase,
and having a year model designation preceding the year of
application for title by 5 or fewer years prior to October 1,
1985 and 10 or fewer years on and after October 1, 1985 and
prior to January 1, 1988. On and after January 1, 1988, the
tax shall apply to all motor vehicles without regard to model
year. Except that the tax shall not apply
(i) if the use of the motor vehicle is otherwise
taxed under the Use Tax Act;
(ii) if the motor vehicle is bought and used by a
governmental agency or a society, association, foundation
or institution organized and operated exclusively for
charitable, religious or educational purposes;
(iii) if the use of the motor vehicle is not
subject to the Use Tax Act by reason of subsection (a),
(b), (c), (d), (e) or (f) of Section 3-55 of that Act
dealing with the prevention of actual or likely
multistate taxation;
(iv) to implements of husbandry;
(v) when a junking certificate is issued pursuant
to Section 3-117(a) of this Code;
(vi) when a vehicle is subject to the replacement
vehicle tax imposed by Section 3-2001 of this Act;
(vii) when the transfer is a gift to a beneficiary
in the administration of an estate and the beneficiary is
a surviving spouse.
Prior to January 1, 1988, the rate of tax shall be 5% of
the selling price for each purchase of a motor vehicle
covered by Section 3-1001 of this Code. Except as
hereinafter provided, beginning January 1, 1988, the rate of
tax shall be as follows for transactions in which the selling
price of the motor vehicle is less than $15,000:
Number of Years Transpired After Applicable Tax
Model Year of Motor Vehicle
1 or less $390
2 290
3 215
4 165
5 115
6 90
7 80
8 65
9 50
10 40
over 10 25
Except as hereinafter provided, beginning January 1, 1988,
the rate of tax shall be as follows for transactions in which
the selling price of the motor vehicle is $15,000 or more:
Selling Price Applicable Tax
$15,000 - $19,999 $ 750
$20,000 - $24,999 $1,000
$25,000 - $29,999 $1,250
$30,000 and over $1,500
For the following transactions, the tax rate shall be $15 for
each motor vehicle acquired in such transaction:
(i) when the transferee or purchaser is the spouse,
mother, father, brother, sister or child of the
transferor;
(ii) when the transfer is a gift to a beneficiary
in the administration of an estate and the beneficiary is
not a surviving spouse;
(iii) when a motor vehicle which has once been
subjected to the Illinois retailers' occupation tax or
use tax is transferred in connection with the
organization, reorganization, dissolution or partial
liquidation of an incorporated or unincorporated business
wherein the beneficial ownership is not changed.
A claim that the transaction is taxable under
subparagraph (i) shall be supported by such proof of family
relationship as provided by rules of the Department.
For a transaction in which a motorcycle, motor driven
cycle or motorized pedalcycle is acquired the tax rate shall
be $25.
On and after October 1, 1985, 1/12 of $5,000,000 of the
moneys received by the Department of Revenue pursuant to this
Section shall be paid each month into the Build Illinois Fund
and the remainder into the General Revenue Fund.
For purposes of this Section, "selling price" means the
consideration received for a motor vehicle subject to the tax
imposed by this Section valued in money, whether received in
money or otherwise, including cash, credits, service or
property. In the case of gifts or transfers without
reasonable consideration, "selling price" shall be deemed to
be the fair market value as determined by the Department.
At the end of any fiscal year in which the moneys
received by the Department of Revenue pursuant to this
Section exceeds the Annual Specified Amount, as defined in
Section 3 of the Retailers' Occupation Tax Act, the State
Comptroller shall direct the State Treasurer to transfer such
excess amount from the General Revenue Fund to the Build
Illinois Purposes Fund.
The tax imposed by this Section shall be abated and no
longer imposed when the amount deposited to secure the bonds
issued pursuant to the Build Illinois Bond Act is sufficient
to provide for the payment of the principal of, and interest
and premium, if any, on the bonds, as certified to the State
Comptroller and the Director of Revenue by the Director of
the Bureau of the Budget.
(Source: P.A. 88-194.)
(625 ILCS 5/4-103) (from Ch. 95 1/2, par. 4-103)
Sec. 4-103. Offenses relating to motor vehicles and other
vehicles - Felonies.
(a) It is a violation of this Chapter for:
(1) A person not entitled to the possession of a
vehicle or essential part of a vehicle to receive,
possess, conceal, sell, dispose, or transfer it, knowing
it to have been stolen or converted; additionally the
General Assembly finds that the acquisition and
disposition of vehicles and their essential parts are
strictly controlled by law and that such acquisitions and
dispositions are reflected by documents of title, uniform
invoices, rental contracts, leasing agreements and bills
of sale. It may be inferred, therefore that a person
exercising exclusive unexplained possession over a stolen
or converted vehicle or an essential part of a stolen or
converted vehicle has knowledge that such vehicle or
essential part is stolen or converted, regardless of
whether the date on which such vehicle or essential part
was stolen is recent or remote;
(2) A person to knowingly remove, alter, deface,
destroy, or falsify, or forge a manufacturer's
identification number of a vehicle or an engine number of
a motor vehicle or any essential part thereof having an
identification number;
(3) A person to knowingly conceal or misrepresent
the identity of a vehicle or any essential part thereof;
(4) A person to buy, receive, possess, sell or
dispose of a vehicle, or any essential part thereof, with
knowledge that the identification number of the vehicle
or any essential part thereof having an identification
number has been removed or falsified;
(5) A person to knowingly possess, buy, sell,
exchange, give away, or offer to buy, sell, exchange or
give away, any manufacturer's identification number
plate, mylar sticker, federal certificate label, State
police reassignment plate, Secretary of State assigned
plate, rosette rivet, or facsimile of such which has not
yet been attached to or has been removed from the
original or assigned vehicle. It is an affirmative
defense to subsection (a) of this Section that the person
possessing, buying, selling or exchanging a plate mylar
sticker or label described in this paragraph is a police
officer doing so as part of his official duties, or is a
manufacturer's authorized representative who is replacing
any manufacturer's identification number plate, mylar
sticker or Federal certificate label originally placed on
the vehicle by the manufacturer of the vehicle or any
essential part thereof;
(6) A person to knowingly make a false report of
the theft or conversion of a vehicle to any police
officer of this State.
(b) Sentence. A person convicted of a violation of this
Section shall be guilty of a Class 2 felony.
(c) The offenses set forth in subsection (a) of this
Section shall not include the offense set forth in Section
4-103.2 of this Code.
(Source: P.A. 85-572; 86-1209.)
(625 ILCS 5/5-100) (from Ch. 95 1/2, par. 5-100)
Sec. 5-100. Definitions. For the purposes of this
Chapter, the following words shall have the meanings ascribed
to them as follows:
"Additional place of business" means a place owned or
leased and occupied by the dealer in addition to its
established place of business, at which the dealer conducts
or intends to conduct business on a permanent or long term
basis. The term does not include an area where an off site
sale or exhibition is conducted. The Secretary of State
shall adopt guidelines for the administration and enforcement
of this definition by rule.
"Display exhibition" means a temporary display of
vehicles by a dealer licensed under Section 5-101 or 5-102,
at a location at which no vehicles are offered for sale, that
is conducted at a place other than the dealer's established
and additional places of business.
"Established place of business" means the place owned or
leased and occupied by any person duly licensed or required
to be licensed as a dealer for the purpose of engaging in
selling, buying, bartering, displaying, exchanging or dealing
in, on consignment or otherwise, vehicles and their essential
parts and for such other ancillary purposes as may be
permitted by the Secretary by rule. It shall include an
office in which the dealer's records shall be separate and
distinct from any other business or tenant which may occupy
space in the same building. This office shall not be located
in a house trailer, residence, tent, temporary stand,
temporary address, room or rooms in a hotel or rooming house,
nor the premises occupied by a single or multiple unit
residence. The established place of business of a scrap
processor shall be the fixed location where the scrap
processor maintains its principal place of business. The
Secretary of State shall, by rule and regulation, adopt
guidelines for the administration and enforcement of this
definition, such as, but not limited to issues concerning the
required hours of operation, describing where vehicles are
displayed and offered for sale, where books and records are
maintained and requirements for the fulfillment of
warranties. A dealer may have an additional place of
business as defined under this Section.
"Rebuilder" means a person who is in the business of
returning a vehicle for which a salvage certificate has been
previously issued back to its original or operating
condition.
"Repairer" means a person who is in the business of
returning a vehicle other than a vehicle for which a salvage
certificate has been issued back to its original or operating
condition by restoring, mending, straightening, replacing,
altering, or painting its essential parts.
"Automotive parts recycler" means a person who is in the
business of acquiring previously owned vehicles and vehicle
parts for the primary purpose of disposing of parts of
vehicles in a manner other than that described in the
definition of a "scrap processor" in this Section.
"Scrap processor" means a person who purchases a vehicle,
junk vehicle or vehicle cowl for processing into a form other
than a vehicle, junk vehicle or vehicle cowl for remelting
purposes only, who from a fixed location utilizes machinery
and equipment for processing or manufacturing ferrous or
nonferrous metallic scrap into prepared grades, and whose
principal product is metallic scrap and who records such
purchases on a weight ticket. No scrap metal processor shall
sell a vehicle or essential part, as such, except for
engines, transmissions and powertrains, unless licensed to do
so under another provision of this Act. A scrap processor,
who is additionally licensed as an automotive parts recycler,
shall not be subject to the record keeping requirements for a
scrap processor when acting as an automotive parts recycler.
"Out-of-state salvage vehicle buyer" means a person who
is licensed in another state for the primary purpose of
acquiring salvage vehicles and who is issued an out-of-state
salvage vehicle buyers identification card in this State for
the sole purpose of acquiring salvage vehicles and taking
them out of state.
"Additional place of business" means a place owned or
leased and occupied by the dealer in addition to its
established place of business, at which the dealer conducts
or intends to conduct business on a permanent or long term
basis. "Additional place of business" does not include an
area where an off site sale or exhibition is conducted. The
Secretary of State shall adopt guidelines for the
administration and enforcement of this definition by rule and
regulation.
"Off site sale" means the temporary display and sale of
vehicles, for a period of not more than 7 calendar days
(excluding Sundays), by a dealer licensed under Section 5-101
or 5-102 at a place other than the dealer's established and
additional places of business.
"Display exhibition" means a temporary display of
vehicles by a dealer licensed under Section 5-101 or 5-102,
at a location at which no vehicles are offered for sale, that
is conducted at a place other than the dealer's established
and additional places of business.
"Relevant market area", for a new vehicle dealer licensed
under Section 5-101 and for a used vehicle dealer licensed
under Section 5-102, means the area within 10 miles of the
established or additional place of business of the dealer
located in a county with a population of 300,000 or more, or
within 15 miles if the established place of business is
located in a county with a population of less than 300,000.
"Trade show exhibition" means a temporary display of
vehicles, by dealers licensed under Section 5-101 or 5-102,
or any other person as defined in subsection (c) of Section
5-102.1, at a location at which no vehicles are offered for
sale that is conducted at a place other than the dealer's
established and additional places of business. In order for
a display exhibition to be considered a trade show
exhibition, it must be participated in by at least 3 dealers,
2 of which must be licensed under Section 5-101 or 5-102; and
a trade show exhibition of new vehicles shall only be
participated in by licensed new vehicle dealers at least 2 of
which must be licensed under Section 5-101.
"Relevant market area", for a new vehicle dealer licensed
under Section 5-101 and for a used vehicle dealer licensed
under Section 5-102, means the area within 10 miles of the
established or additional place of business of the dealer
located in a county with a population of 300,000 or more, or
within 15 miles if the established place of business is
located in a county with a population of less than 300,000.
(Source: P.A. 88-470; 88-588, eff. 1-1-95; 88-685, eff.
1-24-95; 89-235, eff. 8-4-95.)
(625 ILCS 5/5-401.3) (from Ch. 95 1/2, par. 5-401.3)
Sec. 5-401.3. Scrap processors required to keep records.
(a) Every person licensed or required to be licensed as a
scrap processor pursuant to Section 5-301 of this Chapter
shall maintain for 3 years, at his established place of
business, the following records relating to the acquisition
of a vehicle, junk vehicle, or vehicle cowl which has been
acquired for the purpose of processing into a form other than
a vehicle, junk vehicle or vehicle cowl which is possessed in
the State or brought into this State from another state,
territory or country. No scrap metal processor shall sell a
vehicle or essential part, as such, except for engines,
transmissions, and powertrains, unless licensed to do so
under another provision of this Code. A scrap processor who
is additionally licensed as an automotive parts recycler
shall not be subject to the record keeping requirements for a
scrap processor when acting as an automotive parts recycler.
(1) For a vehicle, junk vehicle, or vehicle cowl
acquired from a person who is licensed under this Chapter,
the scrap processor shall record the name and address of the
person, and the Illinois or out-of-state dealer license
number of such person on the scrap processor's weight ticket
at the time of the acquisition. The person disposing of the
vehicle, junk vehicle, or vehicle cowl shall furnish the
scrap processor with documentary proof of ownership of the
vehicle, junk vehicle, or vehicle cowl in one of the
following forms: a Certificate of Title, a Salvage
Certificate, a Junking Certificate, a Secretary of State
Junking Manifest, a Uniform Invoice, a Certificate of
Purchase, or other similar documentary proof of ownership.
The scrap processor shall not acquire a vehicle, junk vehicle
or vehicle cowl without obtaining one of the aforementioned
documentary proofs of ownership.
(2) For a vehicle, junk vehicle or vehicle cowl acquired
from a person who is not licensed under this Chapter, the
scrap processor shall verify and record that person's
identity by recording the identification of such person from
at least 2 sources of identification, one of which shall be a
driver's license or State Identification Card, on the scrap
processor's weight ticket at the time of the acquisition.
The person disposing of the vehicle, junk vehicle, or vehicle
cowl shall furnish the scrap processor with documentary proof
of ownership of the vehicle, junk vehicle, or vehicle cowl in
one of the following forms: a Certificate of Title, a
Salvage Certificate, a Junking Certificate, a Secretary of
State Junking Manifest, a Certificate of Purchase, or other
similar documentary proof of ownership. The scrap processor
shall not acquire a vehicle, junk vehicle or vehicle cowl
without obtaining one of the aforementioned documentary
proofs of ownership.
(3) In addition to the other information required on the
scrap processor's weight ticket, a scrap processor who at
the time of acquisition of a vehicle, junk vehicle, or
vehicle cowl is furnished a Certificate of Title, Salvage
Certificate or Certificate of Purchase shall record the
vehicle Identification Number on the weight ticket or affix a
copy of the Certificate of Title, Salvage Certificate or
Certificate of Purchase to the weight ticket and the
identification of the person acquiring the information on the
behalf of the scrap processor.
(4) The scrap processor shall maintain a copy of a Junk
Vehicle Notification relating to any Certificate of Title,
Salvage Certificate, Certificate of Purchase or similarly
acceptable out-of-state document surrendered to the Secretary
of State pursuant to the provisions of Section 3-117.2 of
this Code.
(b) Any licensee who knowingly fails to record any of the
specific information required to be recorded on the weight
ticket or who knowingly fails to acquire and maintain for 3
years documentary proof of ownership in one of the prescribed
forms shall be guilty of a Class A misdemeanor and subject to
a fine not to exceed $1,000. Each violation shall constitute
a separate and distinct offense and a separate count may be
brought in the same complaint for each violation. Any
licensee who commits a second violation of this Section
within two years of a previous conviction of a violation of
this Section shall be guilty of a Class 4 felony.
(c) It shall be an affirmative defense to an offense
brought under paragraph (b) of this Section that the licensee
or person required to be licensed both reasonably and in good
faith relied on information appearing on a Certificate of
Title, a Salvage Certificate, a Junking Certificate, a
Secretary of State Manifest, a Secretary of State's Uniform
Invoice, a Certificate of Purchase, or other documentary
proof of ownership prepared under Section 3-117.1 (a) of this
Code, relating to the transaction for which the required
record was not kept which was supplied to the licensee by
another licensee or out-of-state dealer.
(d) No later than 15 days prior to going out of
business, selling the business, or transferring the ownership
of the business, the scrap processor shall notify the
Secretary of that fact. Failure to so notify the Secretary
of State shall constitute a failure to keep records under
this Section.
(e) Evidence derived directly or indirectly from the
keeping of records required to be kept under this Section
shall not be admissible in a prosecution of the licensee for
an alleged violation of Section 4-102 (a)(3) of this Code.
(Source: P.A. 86-444.)
(625 ILCS 5/6-301.2) (from Ch. 95 1/2, par. 6-301.2)
Sec. 6-301.2. Fraudulent driver's license or permit.
(a) (Blank). As used in this Section:
1. "A fraudulent driver's license or permit" means
any license or permit which purports to be an official
driver's license or permit for which a computerized
number and file have not been created by the Secretary of
State or other official driver's license agency in
another jurisdiction;
2. "A driver's license-making implement" means any
implement specially designed or primarily used in the
manufacture, assembly or authentication of an official
driver's license issued by the Secretary of State or
other official driver's license agency in another
jurisdiction. Such implements include, but are not
limited to, cameras used for creating driver's license
photographs, camera cards, or driver's license laminates.
(b) It is a violation of this Section for any person:
1. To knowingly possess any fraudulent driver's
license or permit;
2. To knowingly possess, display or cause to be
displayed any fraudulent driver's license or permit for
the purpose of obtaining any account, credit, credit card
or debit card from a bank, financial institution or
retail mercantile establishment;
3. To knowingly possess any fraudulent driver's
license or permit with the intent to commit a theft,
deception or credit or debit card fraud in violation of
any law of this State or any law of any other
jurisdiction;
4. To knowingly possess any fraudulent driver's
license or permit with the intent to commit any other
violation of any laws of this State or any law of any
other jurisdiction for which a sentence to a term of
imprisonment in a penitentiary for one year or more is
provided;
5. To knowingly possess any fraudulent driver's
license or permit while in unauthorized possession of any
document, instrument or device capable of defrauding
another;
6. To knowingly possess any fraudulent driver's
license or permit with the intent to use the license or
permit to acquire any other identification document;
7. To knowingly possess without authority any
driver's license-making implement;
8. To knowingly possess any stolen driver's license
making implement;
9. To knowingly duplicate, manufacture, sell or
transfer any fraudulent driver's license or permit;
10. To advertise or distribute any information or
materials that promote the selling, giving, or furnishing
of a fraudulent driver's license or permit.
(c) Sentence.
1. Any person convicted of a violation of paragraph
1 of subsection (b) of this Section shall be guilty of a
Class 4 felony and shall be sentenced to a minimum fine
of $500 or 50 hours of community service, preferably at
an alcohol abuse prevention program, if available.
2. Any person convicted of a violation of any of
paragraphs 2 through 9 of subsection (b) of this Section
shall be guilty of a Class 4 felony. A person convicted
of a second or subsequent violation shall be guilty of a
Class 3 felony.
3. Any person convicted of a violation of paragraph
10 of subsection (b) of this Section shall be guilty of a
Class B misdemeanor.
(d) This Section does not prohibit any lawfully
authorized investigative, protective, law enforcement or
other activity of any agency of the United States, State of
Illinois or any other state or political subdivision thereof.
(e) The Secretary may request the Attorney General to
seek a restraining order in the circuit court against any
person who violates this Section by advertising fraudulent
driver's licenses or permits.
(Source: P.A. 88-210; 89-283, eff. 1-1-96.)
(625 ILCS 5/6-500) (from Ch. 95 1/2, par. 6-500)
Sec. 6-500. Definitions of words and phrases.
Notwithstanding the definitions set forth elsewhere in this
Code, for purposes of the Uniform Commercial Driver's License
Act (UCDLA), the words and phrases listed below shall have
the meanings ascribed to them as follows:
1. Alcohol. "Alcohol" means any substance containing any
form of alcohol, including but not limited to: ethanol;
methanol; propanol and isopropanol.
2. Alcohol concentration. "Alcohol concentration" means:
(a) the number of grams of alcohol per 210 liters
of breath; or
(b) the number of grams of alcohol per 100
milliliters of blood; or
(c) the number of grams of alcohol per 67
milliliters of urine.
Alcohol tests administered within 2 hours of the driver
being "stopped or detained" shall be considered that driver's
"alcohol concentration" for the purposes of enforcing this
UCDLA.
3. Commercial Driver's License. "Commercial driver's
license" or "CDL" means a driver's license issued by a State
to a person which authorizes that person to drive a certain
class of commercial motor vehicle or vehicles.
4. Commercial Driver License Information System.
"Commercial Driver License Information System" (CDLIS) means
the information system established, pursuant to the
Commercial Motor Vehicle Safety Act of 1986 (CMVSA), to serve
as a clearinghouse for locating information related to the
licensing and identification of commercial motor vehicle
drivers.
5. Commercial Driver Instruction Permit. "Commercial
driver instruction permit" means a permit issued pursuant to
Section 6-508 of this UCDLA.
6. Commercial Motor Vehicle. "Commercial motor vehicle"
means a motor vehicle, except those referred to in paragraph
(d), designed to transport passengers or property if:
(a) the vehicle has a GVWR of 26,001 pounds or more
or such a lesser GVWR as subsequently determined by
federal regulations or the Secretary of State; or any
combination of vehicles with a GCWR of 26,001 pounds or
more, provided the GVWR of any vehicle or vehicles being
towed is 10,001 pounds or more; or
(b) the vehicle is designed to transport 16 or more
persons; or
(c) the vehicle is transporting hazardous materials
and is required to be placarded in accordance with 49
C.F.R. Part 172, subpart F.
(d) Pursuant to the interpretation of the
Commercial Motor Vehicle Safety Act of 1986 by the
Federal Highway Administration, the definition of
"commercial vehicle" does not include:
(i) Recreational vehicles, when operated
primarily for personal use;
(ii) United States Department of Defense
vehicles being operated by non-civilian personnel.
This includes any operator on active military duty;
members of the Reserves; National Guard; personnel
on part-time training; and National Guard military
technicians (civilians who are required to wear
military uniforms and are subject to the Code of
Military Justice); or
(iii) Firefighting and other emergency
equipment with audible and visual signals, owned or
operated by or for a governmental entity, which is
necessary to the preservation of life or property or
the execution of emergency governmental functions
which are normally not subject to general traffic
rules and regulations.
7. Controlled Substance. "Controlled substance" shall
have the same meaning as defined in Section 102 of the
Illinois Controlled Substances Act, and shall also include
cannabis as defined in Section 3 of the Cannabis Control Act.
8. Conviction. "Conviction" means an unvacated
adjudication of guilt or a determination that a person has
violated or failed to comply with the law in a court of
original jurisdiction or an authorized administrative
tribunal; an unvacated forfeiture of bail or collateral
deposited to secure the person's appearance in court; the
payment of a fine or court cost regardless of whether the
imposition of sentence is deferred and ultimately a judgment
dismissing the underlying charge is entered; or a violation
of a condition of release without bail, regardless of whether
or not the penalty is rebated, suspended or probated.
9. Disqualification. "Disqualification" means a
withdrawal of the privilege to drive a commercial motor
vehicle.
10. Domicile. "Domicile" means a true, fixed and
permanent legal home of a person or the place to which such
person intends to return even though the person may reside
elsewhere. As a further explanation, "A person may have more
than one residence but only one domicile".
11. Domiciliary. "Domiciliary" means a "person" who is
domiciled.
12. Drive. "Drive" means to drive, operate or be in
physical control of a motor vehicle.
13. Driver. "Driver" means any person who drives,
operates, or is in physical control of a commercial motor
vehicle, or who is required to hold a CDL.
14. Employee. "Employee" means a person who is employed
as a commercial motor vehicle driver. A person who is
self-employed as a commercial motor vehicle driver must
comply with the requirements of this UCDLA pertaining to
employees. An owner-operator on a long-term lease shall be
considered an employee.
15. Employer. "Employer" means a person (including the
United States, a State or a local authority) who owns or
leases a commercial motor vehicle or assigns employees to
operate such a vehicle. A person who is self-employed as a
commercial motor vehicle driver must comply with the
requirements of this UCDLA.
16. Felony. "Felony" means an offense under State or
Federal law that is punishable by death or imprisonment for a
term of one year or more.
17. Foreign jurisdiction. "Foreign jurisdiction" means
a sovereign jurisdiction that does not fall within the
definition of "State".
18. Full information. "Full information" means, for the
purpose of this UCDLA, all records of traffic law
convictions, as contained in the records then on file in the
office of the Secretary of State, whether the person has a
current driver's license then on file, the driver's license
number, and the address and personal description of said
person as reflected on the person's driver's license
application.
19. Gross Vehicle Weight Rating. "Gross Vehicle Weight
Rating" (GVWR) means the value specified by the
manufacturer(s) as the maximum loaded weight of a single or
combination of vehicles; or the registered gross weight;
whichever is greater. The GVWR of a combination of vehicles
(commonly referred to as the "Gross Combination Weight
Rating" or GCWR) is the GVWR of the power unit plus the GVWR
of the towed unit or units; or the combined registered weight
of the power unit plus the towed unit, whichever is greater.
20. Hazardous Material. Upon a finding by the United
States Secretary of Transportation, in his or her discretion,
under 49 App. U.S.C. 5103(a), that the transportation of a
particular quantity and form of material in commerce may pose
an unreasonable risk to health and safety or property, he or
she shall designate the quantity and form of material or
group or class of the materials as a hazardous material. The
materials so designated may include but are not limited to
explosives, radioactive materials, etiologic agents,
flammable liquids or solids, combustible liquids or solids,
poisons, oxidizing or corrosive materials, and compressed
gases. "Hazardous material" has the meaning such term has
under Section 103 of the Hazardous Materials Transportation
Act (49 App. U.S.C. 1801 et seq).
21. Long-term-lease. "Long-term-lease" means a lease of
a commercial motor vehicle by the owner-lessor to a lessee,
for a period of more than 29 days.
22. Motor Vehicle. "Motor vehicle" means every vehicle
which is self-propelled, and every vehicle which is propelled
by electric power obtained from over head trolley wires but
not operated upon rails, except vehicles moved solely by
human power and motorized wheel chairs.
23. Non-resident CDL. "Non-resident CDL" means a
commercial driver's license issued by a State to an
individual who is domiciled in a foreign jurisdiction.
24. -Out-of-service order. "Out-of-service order" means
a temporary prohibition against driving a commercial motor
vehicle.
25. Owner-operator. "Owner-operator" means commercial
motor vehicle lessor who leases such commercial motor
vehicle, with driver, to a lessee.
26. Serious Traffic Violation. "Serious traffic
violation" means:
(a) A conviction when operating a commercial motor
vehicle of:
(i) a violation relating to excessive
speeding, involving a single speeding charge of 15
miles per hour or more above the legal speed limit;
or
(ii) a violation relating to reckless driving;
or
(iii) a violation of any State Law or local
ordinance relating to motor vehicle traffic control
(other than parking violations) arising in
connection with a fatal traffic accident; or
(iv) a violation of Section 6-501, relating to
having multiple driver's licenses; or
(v) a violation of paragraph (a), of Section
6-507, relating to the requirement to have a valid
CDL; or
(vi) a violation relating to improper or
erratic traffic lane changes; or
(vii) a violation relating to following
another vehicle too closely; or
(b) any other similar violation of a law or local
ordinance of any state relating to motor vehicle traffic
control, other than a parking violation, which the
Secretary of State determines by Administrative Rule to
be serious.
27. State. "State" means a State of the United States,
the District of Columbia and any Province or Territory of
Canada.
28. Tank vehicle. "Tank vehicle" shall mean any
commercial motor vehicle that is designed to transport any
liquid or gaseous material within a tank that is either
permanently or temporarily attached to the vehicle or the
chassis. Those vehicles include, but are not limited to,
cargo tanks and portable tanks, as defined in 49 C.F.R. Part
171. However, this definition does not include portable
tanks having a rated capacity of less than 1,000 gallons.
29. Third party tester. "Third party tester" means an
entity that has been approved by the Secretary.
30. United States. "United States" means the 50 states
and the District of Columbia.
31. Verified evidence. "Verified evidence" means a
document that is confirmed or substantiated by a sworn
report; or any public record received from a court of
competent jurisdiction.
(Source: P.A. 89-179, eff. 1-1-96; 89-571, eff. 7-26-96.)
(625 ILCS 5/6-901) (from Ch. 95 1/2, par. 6-901)
Sec. 6-901. Definition. Definitions. For the purposes of
this Article:
"Board" means the Driver's License Medical Advisory
Board.
"Medical examiner" or "medical practitioner" means any
person licensed to practice medicine in all its branches in
the State of Illinois.
"Medical limitation or condition" means a scientifically
recognized condition that may medically impair a person's
physical or mental health to the extent the person is unable
to safely operate a motor vehicle.
"Secretary" means the Illinois Secretary of State or his
or her designee.
(Source: P.A. 87-1249.)
(625 ILCS 5/7-100) (from Ch. 95 1/2, par. 7-100)
Sec. 7-100. Definition of words and phrases.
Notwithstanding the definitions set forth in Chapter 1, for
the purposes of this Chapter, the following words shall have
the following meanings ascribed to them:
Administrator. The Department of Transportation.
Arrearage. The total amount of unpaid support
obligations.
Authenticated document. A document from a court which
contains a court stamp, showing it is filed with the court,
or notarized, or is certified by the custodian of the
original.
Compliance with a court order of support. The support
obligor is no more than an amount equal to 90 days obligation
in arrears in making payments in full for current support, or
in making periodic payments on a support arrearage as
determined by a court.
Court order of support. A judgment order for the support
of dependent children issued by a court of this State,
including a judgment of dissolution of marriage.
Department. The Department of Transportation.
Driver's license. A license or permit to operate a motor
vehicle in the State, including the privilege of a person to
drive a motor vehicle whether or not the person holds a valid
license or permit.
Family financial responsibility driving permit. A permit
granting limited driving privileges for employment or medical
purposes following a suspension of driving privileges under
the Family Financial Responsibility Law. This permit is
valid only after the entry of a court order granting the
permit and issuance of the permit by the Secretary of State's
Office. An individual's driving privileges must be valid
except for the family financial responsibility suspension in
order for this permit to be issued. In order to be valid,
the permit must be in the immediate possession of the driver
to whom it is issued.
Judgment. A final judgment of any court of competent
jurisdiction of any State, against a person as defendant for
damages on account of bodily injury to or death of any person
or damages to property resulting from the operation of any
motor vehicle.
Obligor. The individual who owes a duty to make payments
under a court order of support.
Obligee. The individual or other legal entity to whom a
duty of support is owed through a court order of support or
the individual's legal representatives.
(Source: P.A. 89-92, eff. 7-1-96.)
(625 ILCS 5/7-102) (from Ch. 95 1/2, par. 7-102)
Sec. 7-102. Court Review. 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
Administrator or the Secretary of State hereunder. The term
"administrative decision" is defined as in Section 3-101 of
the Code of Civil Procedure.
(Source: P.A. 82-783.)
(625 ILCS 5/7-305) (from Ch. 95 1/2, par. 7-305)
Sec. 7-305. Suspension until proof furnished. The
suspension of such certificates of registration, license
plates and registration stickers of such person as provided
for in Section 7-304 shall remain in effect and the Secretary
of State shall not issue to any such person any new or
renewal of driver's license and shall not register or
re-register in the name of such person any motor vehicle
until permitted under this Article and not then unless and
until said person gives proof of his financial responsibility
in the future, as defined in this Code provided in Section
7-302, such proof to be maintained by said person in a manner
satisfactory to the Secretary of State for a period of 3
years after the date such proof is first filed.
(Source: P.A. 84-112.)
(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 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. The term
"administrative decision" is defined as in Section 3-101 of
the Code of Civil Procedure.
(Source: P.A. 82-783.)
(625 ILCS 5/11-100) (from Ch. 95 1/2, par. 11-100)
Sec. 11-100. Definition of Administrator words and
phrases. Notwithstanding the definitions set forth in Chapter
1 of this Code, For the purposes of this Chapter, the
following words shall have the meanings ascribed to them as
follows: Department. The Department of Transportation acting
directly or through its duly authorized officers and agents.
"Administrator". means the Administrator of the Illinois
Safety and Family Financial Responsibility Law in Chapter 7
of this Code.
(Source: P.A. 89-92, eff. 7-1-96.)
(625 ILCS 5/11-416) (from Ch. 95 1/2, par. 11-416)
Sec. 11-416. Furnishing copies - Fees. The Department
of State Police may furnish copies of an Illinois State
Police Traffic Accident Report that has been investigated by
the State Police and shall be paid a fee of $5 for each such
copy, or in the case of an accident which was investigated by
an accident reconstruction officer or accident reconstruction
team, a fee of $20 shall be paid.
Other State law enforcement agencies or law enforcement
agencies of local authorities, as defined under Section
11-100 of this Code, may furnish copies of traffic accident
reports prepared by such agencies and may receive a fee not
to exceed $5 for each copy or in the case of an accident
which was investigated by an accident reconstruction officer
or accident reconstruction team, the State or local law
enforcement agency may receive a fee not to exceed $20.
Any written accident report required or requested to be
furnished the Administrator shall be provided without cost or
fee charges authorized under this Section or any other
provision of law.
(Source: P.A. 84-1308.)
(625 ILCS 5/11-1403.3) (from Ch. 95 1/2, par. 11-1403.3)
Sec. 11-1403.3. Intercom helmets. Any driver of a
vehicle defined in Section 1-145.001, 1-147, 1-148 or 1-148.2
of this Code may use a helmet equipped with an electronic
intercom system permitting 2-way vocal communication with
drivers of any such vehicles or passengers on such vehicles.
(Source: P.A. 85-273.)
(625 ILCS 5/11-1424) (from Ch. 95 1/2, par. 11-1424)
Sec. 11-1424. Operation of a religious organization bus.
(a) No religious organization bus may be operated on any
street or highway unless all passengers, except for
supervisory personnel, are seated in seats permanently
mounted to the vehicle, and the aisle of the bus is kept
clean and open.
(b) No religious organization bus may be operated on any
street or highway while carrying more than the manufacturer's
rated passenger capacity for such bus, or at a gross weight
in excess of the chassis manufacturer's gross vehicle weight
rating (GVWR) or gross axle weight rating (GAWR), or in
excess of the weight load r