SB0102 EngrossedLRB101 04057 TAE 49065 b

1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. It is the intent of the General Assembly that
5all references made to vehicle license plates and license plate
6stickers be construed to include electronic vehicle license
7plates and vehicle stickers as approved by the Secretary of
8State. It is the policy of this State to encourage the issuance
9of a combination of metal and electronic license plates and
10vehicle stickers.
 
11    Section 5. The State Vehicle Identification Act is amended
12by changing Sections 2 and 3 as follows:
 
13    (30 ILCS 610/2)  (from Ch. 127, par. 133e2)
14    Sec. 2. All vehicles not exempt from identification by
15Section 4 of this Act shall be identified by a special
16registration plate or digital registration plate.
17(Source: P.A. 83-449.)
 
18    (30 ILCS 610/3)  (from Ch. 127, par. 133e3)
19    Sec. 3. Every agency, board, commission, branch or
20department of this State or controlled by officers of this
21State, possessing, operating or controlling vehicles shall

 

 

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1ensure insure that such vehicles are properly identified by
2affixing the special registration plate or digital
3registration plate at the first registration period following
4the effective date of this amendatory Act of 1979. Such
5agencies, boards, commissions, branches and departments shall
6arrange for the replacement of missing registration plates or
7digital registration plates when necessary in order that
8vehicles at all times be clearly identified as belonging to the
9State of Illinois.
10(Source: P.A. 81-449.)
 
11    Section 10. The Counties Code is amended by changing
12Section 5-12006 as follows:
 
13    (55 ILCS 5/5-12006)  (from Ch. 34, par. 5-12006)
14    Sec. 5-12006. Vehicle removal.
15    (a) In any county with 500,000 or more inhabitants, but
16fewer than 3,000,000, when a vehicle is abandoned or left
17unattended on a highway other than a toll highway, interstate
18highway, or expressway, outside of an urban district for 24
19hours or more, its removal by a towing service may be
20authorized by the administrative official charged with such
21duty.
22    (b) When a vehicle removal from either public or private
23property is authorized, the owner of the vehicle shall be
24responsible for all towing costs.

 

 

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1    Vehicles removed from public or private property and stored
2by a commercial vehicle relocator or any other towing service
3in compliance with the Illinois Vehicle Code shall be subject
4to a possessory lien for services pursuant to "An Act
5concerning liens for labor, services, skill or materials
6furnished upon or storage furnished for chattels", filed July
724, 1941, as amended and the provision of Section 1 of that Act
8relating to notice and implied consent shall be deemed
9satisfied by compliance with Section 18a-302 and subsection (6)
10of Section 18a-300 of The Illinois Vehicle Code. In no event
11shall such lien be greater than the rate established in
12accordance with subsection (3) of Section 18a-200 of The
13Illinois Vehicle Code. In no event shall such lien be increased
14or altered to reflect any charge for services or materials
15rendered in addition to those authorized by this Division.
16Every such lien shall be payable by use of any major credit
17card, in addition to being payable in cash.
18    (c) When a vehicle is authorized to be towed away under
19this Division, the administrative official authorizing the
20towing shall keep and maintain a record of the vehicle towed,
21listing the color, year of manufacture, manufacturer's trade
22name, manufacturer's series name, body style, vehicle
23identification number, license plate year and number and
24registration sticker or digital registration sticker year and
25number displayed on the vehicle. The record shall also include
26the date and hour of tow, location towed from, location towed

 

 

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1to, reason for towing and the name of the officer authorizing
2the tow.
3    The administrative official authorizing the towing shall
4further follow the procedures for notification of record owner
5or other legally entitled person, or if such person cannot be
6identified, procedures for tracing vehicle ownership by the
7Illinois State Police as set forth in The Illinois Vehicle Code
8and procedures for disposing of unclaimed vehicles with or
9without notice.
10(Source: P.A. 86-962.)
 
11    Section 15. The Toll Highway Act is amended by changing
12Section 27.2 as follows:
 
13    (605 ILCS 10/27.2)
14    Sec. 27.2. Obstruction of registration plate or digital
15registration plate visibility to electronic image recording.
16    (a) A person may not operate on a toll highway any motor
17vehicle that is equipped with tinted plastic or tinted glass
18registration plate or digital registration plate covers or any
19covers, coating, wrappings, materials, streaking, distorting,
20holographic, reflective, or other devices that obstruct the
21visibility or electronic image recording of the plate or
22digital registration plate. This subsection (a) shall not apply
23to automatic vehicle identification transponder devices, cards
24or chips issued by a governmental body or authorized by a

 

 

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1governmental body for the purpose of electronic payment of
2tolls or other authorized payments, the exemption of which
3shall preempt any local legislation to the contrary.
4    (b) If a State or local law enforcement officer having
5jurisdiction observes that a cover or other device or material
6or substance is obstructing the visibility or electronic image
7recording of the plate, the officer shall issue a Uniform
8Traffic Citation and shall confiscate the cover or other device
9that obstructs the visibility or electronic image recording of
10the plate. If the State or local law enforcement officer having
11jurisdiction observes that the plate itself has been physically
12treated with a substance or material that is obstructing the
13visibility or electronic image recording of the plate, the
14officer shall issue a Uniform Traffic Citation and shall
15confiscate the plate. The Secretary of State shall revoke the
16registration of any plate that has been found by a court or
17administrative tribunal to have been physically altered with
18any chemical or reflective substance or coating that obstructs
19the visibility or electronic image recording of the plate. A
20fine of $750 shall be imposed in any instance where a plate
21cover obstructs the visibility or electronic image recording of
22the plate. A fine of $1,000 shall be imposed where a plate has
23been physically altered with any chemical or reflective
24substance or coating that obstructs the visibility or
25electronic image recording of the plate.
26    (c) The Illinois Attorney General may file suit against any

 

 

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1individual or entity offering or marketing the sale, including
2via the Internet, of any product advertised as having the
3capacity to obstruct the visibility or electronic image
4recording of a license plate or digital registration plate. In
5addition to injunctive and monetary relief, punitive damages,
6and attorneys fees, the suit shall also seek a full accounting
7of the records of all sales to residents of or entities within
8the State of Illinois.
9    (d) The provisions in this Section may be extended to other
10public toll facilities in the State of Illinois through a duly
11executed intergovernmental agreement between the Authority and
12another public body.
13(Source: P.A. 94-636, eff. 8-22-05.)
 
14    Section 20. The Illinois Vehicle Code is amended by
15changing Sections 1-171, 1-190.1, 2-111, 3-400, 3-402, 3-404,
163-412, 3-413, 3-414, 3-417, 3-421, 3-501.1, 3-600, 3-607,
173-609, 3-639, 3-701, 3-702, 3-703, 3-704, 3-704.1, 3-706,
183-802, 3-806.3, 3-814.3, 3-814.4, 3-820, 3-824, 4-104, 4-105,
194-204, 5-202, 7-303, 7-402, 7-602, 8-113, 8-114, 9-109,
2011-204.1, 11-208.6, 11-208.8, 11-208.9, 11-1201.1, 11-1301.1,
2111-1301.2, 11-1303, 11-1304.5, 11-1305, 12-610, 13-101,
2213C-55, and 20-401 and by adding Section 3-401.5 as follows:
 
23    (625 ILCS 5/1-171)  (from Ch. 95 1/2, par. 1-171)
24    Sec. 1-171. Registration - Registration Sticker.

 

 

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1Registration. The registration certificate or certificates,
2registration plates and registration stickers issued under the
3laws of this State pertaining to the registration of vehicles.
4    Registration Sticker or Stickers. A device or devices to be
5attached to a rear registration plate that will renew the
6registration and registration plate or plates for a
7pre-determined period not to exceed one registration year
8except as provided in subsection (1) of Section 3-414 of this
9Code. Should the Secretary of State determine it is advisable
10to require a registration sticker to be attached to a front
11registration plate, he may require such action and provide the
12necessary additional sticker. Such determination shall be
13publicly announced at least 30 days in advance of a new annual
14registration year.
15    "Registration" and "registration sticker or stickers"
16includes digital registration plates and digital registration
17stickers issued by the Secretary of State under Section
183-401.5.
19(Source: P.A. 80-1185.)
 
20    (625 ILCS 5/1-190.1)
21    Sec. 1-190.1. Special license plate. Registration plates
22issued by the Secretary of State that by statute require, in
23addition to the applicable registration fee, an additional fee
24that is to be deposited into the Secretary of State Special
25License Plate Fund. "Special license plate" includes digital

 

 

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1registration plates that by statute require, in addition to the
2applicable registration fee, an additional fee that is to be
3deposited into the Secretary of State Special License Plate
4Fund.
5(Source: P.A. 89-282, eff. 8-10-95.)
 
6    (625 ILCS 5/2-111)  (from Ch. 95 1/2, par. 2-111)
7    Sec. 2-111. Seizure or confiscation of documents and
8plates.
9    (a) The Secretary of State is authorized to take possession
10of any certificate of title, registration card, permit,
11license, registration plate or digital registration plate,
12plates, disability license plate or parking decal or device, or
13registration sticker or digital registration sticker issued by
14him or her upon expiration, revocation, cancellation or
15suspension thereof, or which is fictitious, or which has been
16unlawfully or erroneously issued. Police officers who have
17reasonable grounds to believe that any item or items listed in
18this Section should be seized shall take possession of the
19items and return them or cause them to be returned to the
20Secretary of State.
21    (b) The Secretary of State is authorized to confiscate any
22suspected fraudulent, fictitious, or altered documents
23submitted by an applicant in support of an application for a
24driver's license or permit.
25(Source: P.A. 97-743, eff. 1-1-13.)
 

 

 

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1    (625 ILCS 5/3-400)  (from Ch. 95 1/2, par. 3-400)
2    Sec. 3-400. Definitions. Notwithstanding the definitions
3set forth in Chapter 1 of this Act, for the purposes of this
4Article, the following words shall have the meaning ascribed to
5them as follows:
6    "Apportionable Fee" means any periodic recurring fee
7required for licensing or registering vehicles, such as, but
8not limited to, registration fees, license or weight fees.
9    "Apportionable Vehicle" means any vehicle, except
10recreational vehicles, vehicles displaying restricted plates,
11city pickup and delivery vehicles, buses used in transportation
12of chartered parties, and government owned vehicles that are
13used or intended for use in 2 or more member jurisdictions that
14allocate or proportionally register vehicles, in a fleet which
15is used for the transportation of persons for hire or the
16transportation of property and which has a gross vehicle weight
17in excess of 26,000 pounds; or has three or more axles
18regardless of weight; or is used in combination when the weight
19of such combination exceeds 26,000 pounds gross vehicle weight.
20Vehicles, or combinations having a gross vehicle weight of
2126,000 pounds or less and two-axle vehicles may be
22proportionally registered at the option of such owner.
23    "Base Jurisdiction" means, for purposes of fleet
24registration, the jurisdiction where the registrant has an
25established place of business, where operational records of the

 

 

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1fleet are maintained and where mileage is accrued by the fleet.
2In case a registrant operates more than one fleet, and
3maintains records for each fleet in different places, the "base
4jurisdiction" for a fleet shall be the jurisdiction where an
5established place of business is maintained, where records of
6the operation of that fleet are maintained and where mileage is
7accrued by that fleet.
8    "Operational Records" means documents supporting miles
9traveled in each jurisdiction and total miles traveled, such as
10fuel reports, trip leases, and logs.
11    "Owner" means a person who holds legal title of a motor
12vehicle, or in the event a motor vehicle is the subject of an
13agreement for the conditional sale or lease thereof with the
14right of purchase upon performance of the conditions stated in
15the agreement and with an immediate right of possession vested
16in the conditional vendee or lessee with right of purchase, or
17in the event a mortgagor of such motor vehicle is entitled to
18possession, or in the event a lessee of such motor vehicle is
19entitled to possession or control, then such conditional vendee
20or lessee with right of purchase or mortgagor or lessee is
21considered to be the owner for the purpose of this Act.
22    "Registration plate or digital registration plate cover"
23means any tinted, colored, painted, marked, clear, or
24illuminated object that is designed to (i) cover any of the
25characters of a motor vehicle's registration plate or digital
26registration plate; or (ii) distort a recorded image of any of

 

 

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1the characters of a motor vehicle's registration plate or
2digital registration plate recorded by an automated
3enforcement system as defined in Section 11-208.6, 11-208.8, or
411-1201.1 of this Code or recorded by an automated traffic
5control system as defined in Section 15 of the Automated
6Traffic Control Systems in Highway Construction or Maintenance
7Zones Act.
8    "Rental Owner" means an owner principally engaged, with
9respect to one or more rental fleets, in renting to others or
10offering for rental the vehicles of such fleets, without
11drivers.
12    "Restricted Plates" shall include, but is not limited to,
13dealer, manufacturer, transporter, farm, repossessor, and
14permanently mounted type plates. Vehicles displaying any of
15these type plates from a foreign jurisdiction that is a member
16of the International Registration Plan shall be granted
17reciprocity but shall be subject to the same limitations as
18similar plated Illinois registered vehicles.
19(Source: P.A. 98-463, eff. 8-16-13; 99-78, eff. 7-20-15.)
 
20    (625 ILCS 5/3-401.5 new)
21    Sec. 3-401.5. Digital registration plates and renewals.
22    (a) The Secretary of State may authorize the issuance of a
23digital registration plate to a vehicle, in lieu of a set of
24static, metal registration plates, if the vehicle owner
25separately purchases the digital registration plate for a

 

 

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1particular vehicle. The Secretary shall consult with law
2enforcement agencies when considering whether to approve the
3design of a digital license plate. The display device must
4allow for the automated image capture of letters and numbers
5during daytime and nighttime, including when the vehicle is
6parked or turned off. The Secretary shall work with the vehicle
7owner and the distributor of the digital registration plates to
8coordinate the appropriate plate image and registration
9expiration to appear on the digital registration plate. One
10metal plate shall still be issued to the vehicle owner for the
11front end of the vehicle.
12    (b) The Secretary, for any vehicle owner that purchases a
13digital registration plate, may electronically renew the
14digital registration plate upon receiving the appropriate
15renewal registration fee as set forth in this Code. The
16Secretary may also authorize the image to be suspended or
17revoked and replaced with an alternative image or blank screen
18upon violation of any provision of this Code or the failure to
19renew the digital registration plate.
20    (c) Before a digital registration plate may be issued in
21lieu of a special plate authorized under Article VI of this
22Chapter, the Secretary shall seek approval from the originating
23organization, when possible, to authorize a digital version of
24the static, metal plates issued to a vehicle owner.
25    (d) The owner of a digital registration plate is
26responsible for any costs associated with using the digital

 

 

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1registration plate, including, but not limited to, the initial
2purchase price and any replacement costs.
3    (e) The Secretary of State may adopt any rules necessary to
4implement and develop a digital registration plate program,
5including rules regarding the images that may appear on digital
6registration plates.
7    (f) No image shall appear on a digital registration plate
8without prior approval of the Secretary of State.
 
9    (625 ILCS 5/3-402)  (from Ch. 95 1/2, par. 3-402)
10    Sec. 3-402. Vehicles subject to registration; exceptions.
11    A. Exemptions and Policy. Every motor vehicle, trailer,
12semitrailer and pole trailer when driven or moved upon a
13highway shall be subject to the registration and certificate of
14title provisions of this Chapter except:
15        (1) Any such vehicle driven or moved upon a highway in
16    conformance with the provisions of this Chapter relating to
17    manufacturers, transporters, dealers, lienholders or
18    nonresidents or under a temporary registration permit
19    issued by the Secretary of State;
20        (2) Any implement of husbandry whether of a type
21    otherwise subject to registration hereunder or not which is
22    only incidentally operated or moved upon a highway, which
23    shall include a not-for-hire movement for the purpose of
24    delivering farm commodities to a place of first processing
25    or sale, or to a place of storage;

 

 

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1        (3) Any special mobile equipment as herein defined;
2        (4) Any vehicle which is propelled exclusively by
3    electric power obtained from overhead trolley wires though
4    not operated upon rails;
5        (5) Any vehicle which is equipped and used exclusively
6    as a pumper, ladder truck, rescue vehicle, searchlight
7    truck, or other fire apparatus, but not a vehicle of a type
8    which would otherwise be subject to registration as a
9    vehicle of the first division;
10        (6) Any vehicle which is owned and operated by the
11    federal government and externally displays evidence of
12    federal ownership. It is the policy of the State of
13    Illinois to promote and encourage the fullest use of its
14    highways and to enhance the flow of commerce thus
15    contributing to the economic, agricultural, industrial and
16    social growth and development of this State, by authorizing
17    the Secretary of State to negotiate and enter into
18    reciprocal or proportional agreements or arrangements with
19    other States, or to issue declarations setting forth
20    reciprocal exemptions, benefits and privileges with
21    respect to vehicles operated interstate which are properly
22    registered in this and other States, assuring nevertheless
23    proper registration of vehicles in Illinois as may be
24    required by this Code;
25        (7) Any converter dolly or tow dolly which merely
26    serves as substitute wheels for another legally licensed

 

 

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1    vehicle. A title may be issued on a voluntary basis to a
2    tow dolly upon receipt of the manufacturer's certificate of
3    origin or the bill of sale;
4        (8) Any house trailer found to be an abandoned mobile
5    home under the Abandoned Mobile Home Act;
6        (9) Any vehicle that is not properly registered or does
7    not have registration plates or digital registration
8    plates issued to the owner or operator affixed thereto, or
9    that does have registration plates or digital registration
10    plates issued to the owner or operator affixed thereto but
11    the plates are not appropriate for the weight of the
12    vehicle, provided that this exemption shall apply only
13    while the vehicle is being transported or operated by a
14    towing service and has a third tow plate affixed to it.
15    B. Reciprocity. Any motor vehicle, trailer, semitrailer or
16pole trailer need not be registered under this Code provided
17the same is operated interstate and in accordance with the
18following provisions and any rules and regulations promulgated
19pursuant thereto:
20        (1) A nonresident owner, except as otherwise provided
21    in this Section, owning any foreign registered vehicle of a
22    type otherwise subject to registration hereunder, may
23    operate or permit the operation of such vehicle within this
24    State in interstate commerce without registering such
25    vehicle in, or paying any fees to, this State subject to
26    the condition that such vehicle at all times when operated

 

 

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1    in this State is operated pursuant to a reciprocity
2    agreement, arrangement or declaration by this State, and
3    further subject to the condition that such vehicle at all
4    times when operated in this State is duly registered in,
5    and displays upon it, a valid registration card and
6    registration plate or plates or digital registration plate
7    or plates issued for such vehicle in the place of residence
8    of such owner and is issued and maintains in such vehicle a
9    valid Illinois reciprocity permit as required by the
10    Secretary of State, and provided like privileges are
11    afforded to residents of this State by the State of
12    residence of such owner.
13        Every nonresident including any foreign corporation
14    carrying on business within this State and owning and
15    regularly operating in such business any motor vehicle,
16    trailer or semitrailer within this State in intrastate
17    commerce, shall be required to register each such vehicle
18    and pay the same fees therefor as is required with
19    reference to like vehicles owned by residents of this
20    State.
21        (2) Any motor vehicle, trailer, semitrailer and pole
22    trailer operated interstate need not be registered in this
23    State, provided:
24            (a) that the vehicle is properly registered in
25        another State pursuant to law or to a reciprocity
26        agreement, arrangement or declaration; or

 

 

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1            (b) that such vehicle is part of a fleet of
2        vehicles owned or operated by the same person who
3        registers such fleet of vehicles pro rata among the
4        various States in which such fleet operates; or
5            (c) that such vehicle is part of a fleet of
6        vehicles, a portion of which are registered with the
7        Secretary of State of Illinois in accordance with an
8        agreement or arrangement concurred in by the Secretary
9        of State of Illinois based on one or more of the
10        following factors: ratio of miles in Illinois as
11        against total miles in all jurisdictions; situs or base
12        of a vehicle, or where it is principally garaged, or
13        from whence it is principally dispatched or where the
14        movements of such vehicle usually originate; situs of
15        the residence of the owner or operator thereof, or of
16        his principal office or offices, or of his places of
17        business; the routes traversed and whether regular or
18        irregular routes are traversed, and the jurisdictions
19        traversed and served; and such other factors as may be
20        deemed material by the Secretary and the motor vehicle
21        administrators of the other jurisdictions involved in
22        such apportionment. Such vehicles shall maintain
23        therein any reciprocity permit which may be required by
24        the Secretary of State pursuant to rules and
25        regulations which the Secretary of State may
26        promulgate in the administration of this Code, in the

 

 

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1        public interest.
2        (3) (a) In order to effectuate the purposes of this
3        Code, the Secretary of State of Illinois is empowered
4        to negotiate and execute written reciprocal agreements
5        or arrangements with the duly authorized
6        representatives of other jurisdictions, including
7        States, districts, territories and possessions of the
8        United States, and foreign states, provinces, or
9        countries, granting to owners or operators of vehicles
10        duly registered or licensed in such other
11        jurisdictions and for which evidence of compliance is
12        supplied, benefits, privileges and exemption from the
13        payment, wholly or partially, of any taxes, fees or
14        other charges imposed with respect to the ownership or
15        operation of such vehicles by the laws of this State
16        except the tax imposed by the Motor Fuel Tax Law,
17        approved March 25, 1929, as amended, and the tax
18        imposed by the Use Tax Act, approved July 14, 1955, as
19        amended.
20            The Secretary of State may negotiate agreements or
21        arrangements as are in the best interests of this State
22        and the residents of this State pursuant to the
23        policies expressed in this Section taking into
24        consideration the reciprocal exemptions, benefits and
25        privileges available and accruing to residents of this
26        State and vehicles registered in this State.

 

 

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1            (b) Such reciprocal agreements or arrangements
2        shall provide that vehicles duly registered or
3        licensed in this State when operated upon the highways
4        of such other jurisdictions, shall receive exemptions,
5        benefits and privileges of a similar kind or to a
6        similar degree as extended to vehicles from such
7        jurisdictions in this State.
8            (c) Such agreements or arrangements may also
9        authorize the apportionment of registration or
10        licensing of fleets of vehicles operated interstate,
11        based on any or all of the following factors: ratio of
12        miles in Illinois as against total miles in all
13        jurisdictions; situs or base of a vehicle, or where it
14        is principally garaged or from whence it is principally
15        dispatched or where the movements of such vehicle
16        usually originate; situs of the residence of the owner
17        or operator thereof, or of his principal office or
18        offices, or of his places of business; the routes
19        traversed and whether regular or irregular routes are
20        traversed, and the jurisdictions traversed and served;
21        and such other factors as may be deemed material by the
22        Secretary and the motor vehicle administrators of the
23        other jurisdictions involved in such apportionment,
24        and such vehicles shall likewise be entitled to
25        reciprocal exemptions, benefits and privileges.
26            (d) Such agreements or arrangements shall also

 

 

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1        provide that vehicles being operated in intrastate
2        commerce in Illinois shall comply with the
3        registration and licensing laws of this State, except
4        that vehicles which are part of an apportioned fleet
5        may conduct an intrastate operation incidental to
6        their interstate operations. Any motor vehicle
7        properly registered and qualified under any reciprocal
8        agreement or arrangement under this Code and not having
9        a situs or base within Illinois may complete the
10        inbound movement of a trailer or semitrailer to an
11        Illinois destination that was brought into Illinois by
12        a motor vehicle also properly registered and qualified
13        under this Code and not having a situs or base within
14        Illinois, or may complete an outbound movement of a
15        trailer or semitrailer to an out-of-state destination
16        that was originated in Illinois by a motor vehicle also
17        properly registered and qualified under this Code and
18        not having a situs or base in Illinois, only if the
19        operator thereof did not break bulk of the cargo laden
20        in such inbound or outbound trailer or semitrailer.
21        Adding or unloading intrastate cargo on such inbound or
22        outbound trailer or semitrailer shall be deemed as
23        breaking bulk.
24            (e) Such agreements or arrangements may also
25        provide for the determination of the proper State in
26        which leased vehicles shall be registered based on the

 

 

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1        factors set out in subsection (c) above and for
2        apportionment of registration of fleets of leased
3        vehicles by the lessee or by the lessor who leases such
4        vehicles to persons who are not fleet operators.
5            (f) Such agreements or arrangements may also
6        include reciprocal exemptions, benefits or privileges
7        accruing under The Illinois Driver Licensing Law or The
8        Driver License Compact.
9        (4) The Secretary of State is further authorized to
10    examine the laws and requirements of other jurisdictions,
11    and, in the absence of a written agreement or arrangement,
12    to issue a written declaration of the extent and nature of
13    the exemptions, benefits and privileges accorded to
14    vehicles of this State by such other jurisdictions, and the
15    extent and nature of reciprocal exemptions, benefits and
16    privileges thereby accorded by this State to the vehicles
17    of such other jurisdictions. A declaration by the Secretary
18    of State may include any, part or all reciprocal
19    exemptions, benefits and privileges or provisions as may be
20    included within an agreement or arrangement.
21        (5) All agreements, arrangements, declarations and
22    amendments thereto, shall be in writing and become
23    effective when signed by the Secretary of State, and copies
24    of all such documents shall be available to the public upon
25    request.
26        (6) The Secretary of State is further authorized to

 

 

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1    require the display by foreign registered trucks,
2    truck-tractors and buses, entitled to reciprocal benefits,
3    exemptions or privileges hereunder, a reciprocity permit
4    for external display before any such reciprocal benefits,
5    exemptions or privileges are granted. The Secretary of
6    State shall provide suitable application forms for such
7    permit and shall promulgate and publish reasonable rules
8    and regulations for the administration and enforcement of
9    the provisions of this Code including a provision for
10    revocation of such permit as to any vehicle operated
11    wilfully in violation of the terms of any reciprocal
12    agreement, arrangement or declaration or in violation of
13    the Illinois Motor Carrier of Property Law, as amended.
14        (7) (a) Upon the suspension, revocation or denial of
15        one or more of all reciprocal benefits, privileges and
16        exemptions existing pursuant to the terms and
17        provisions of this Code or by virtue of a reciprocal
18        agreement or arrangement or declaration thereunder;
19        or, upon the suspension, revocation or denial of a
20        reciprocity permit; or, upon any action or inaction of
21        the Secretary in the administration and enforcement of
22        the provisions of this Code, any person, resident or
23        nonresident, so aggrieved, may serve upon the
24        Secretary, a petition in writing and under oath,
25        setting forth the grievance of the petitioner, the
26        grounds and basis for the relief sought, and all

 

 

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1        necessary facts and particulars, and request an
2        administrative hearing thereon. Within 20 days, the
3        Secretary shall set a hearing date as early as
4        practical. The Secretary may, in his discretion,
5        supply forms for such a petition. The Secretary may
6        require the payment of a fee of not more than $50 for
7        the filing of any petition, motion, or request for
8        hearing conducted pursuant to this Section. These fees
9        must be deposited into the Secretary of State DUI
10        Administration Fund, a special fund that is hereby
11        created in the State treasury, and, subject to
12        appropriation and as directed by the Secretary of
13        State, shall be used to fund the operation of the
14        hearings department of the Office of the Secretary of
15        State and for no other purpose. The Secretary shall
16        establish by rule the amount and the procedures, terms,
17        and conditions relating to these fees.
18            (b) The Secretary may likewise, in his discretion
19        and upon his own petition, order a hearing, when in his
20        best judgment, any person is not entitled to the
21        reciprocal benefits, privileges and exemptions
22        existing pursuant to the terms and provisions of this
23        Code or under a reciprocal agreement or arrangement or
24        declaration thereunder or that a vehicle owned or
25        operated by such person is improperly registered or
26        licensed, or that an Illinois resident has improperly

 

 

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1        registered or licensed a vehicle in another
2        jurisdiction for the purposes of violating or avoiding
3        the registration laws of this State.
4            (c) The Secretary shall notify a petitioner or any
5        other person involved of such a hearing, by giving at
6        least 10 days notice, in writing, by U.S. Mail,
7        Registered or Certified, or by personal service, at the
8        last known address of such petitioner or person,
9        specifying the time and place of such hearing. Such
10        hearing shall be held before the Secretary, or any
11        person as he may designate, and unless the parties
12        mutually agree to some other county in Illinois, the
13        hearing shall be held in the County of Sangamon or the
14        County of Cook. Appropriate records of the hearing
15        shall be kept, and the Secretary shall issue or cause
16        to be issued, his decision on the case, within 30 days
17        after the close of such hearing or within 30 days after
18        receipt of the transcript thereof, and a copy shall
19        likewise be served or mailed to the petitioner or
20        person involved.
21            (d) The actions or inactions or determinations, or
22        findings and decisions upon an administrative hearing,
23        of the Secretary, shall be subject to judicial review
24        in the Circuit Court of the County of Sangamon or the
25        County of Cook, and the provisions of the
26        Administrative Review Law, and all amendments and

 

 

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1        modifications thereof and rules adopted pursuant
2        thereto, apply to and govern all such reviewable
3        matters.
4            Any reciprocal agreements or arrangements entered
5        into by the Secretary of State or any declarations
6        issued by the Secretary of State pursuant to any law in
7        effect prior to the effective date of this Code are not
8        hereby abrogated, and such shall continue in force and
9        effect until amended pursuant to the provisions of this
10        Code or expire pursuant to the terms or provisions
11        thereof.
12(Source: P.A. 92-418, eff. 8-17-01; 92-651, eff. 7-11-02.)
 
13    (625 ILCS 5/3-404)  (from Ch. 95 1/2, par. 3-404)
14    Sec. 3-404. Vehicles of second division carrying persons or
15property - Required documents. The Secretary of State shall
16require an appropriate document, including but not limited to a
17bill of lading, trip manifest or dispatch record, to be
18carried, on all vehicles of the second division, carrying
19persons or property setting forth therein:
20    (a) the point of origin and destination of the vehicle and
21its cargo or the persons being carried;
22    (b) whether the movement is for-hire or not-for-hire; and
23    (c) whether the movement is intrastate or interstate as
24defined by this Act.
25    The Secretary of State shall promulgate and publish

 

 

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1reasonable rules and regulations for the administration and
2enforcement of this requirement. Vehicles bearing valid
3current Illinois registration plate or plates or digital
4registration plate or plates and registration stickers or
5digital registration stickers where applicable shall be
6exempted from such requirement by the Secretary of State
7whether the movement is "intrastate" or "interstate" as defined
8in this Act.
9(Source: P.A. 80-230.)
 
10    (625 ILCS 5/3-412)  (from Ch. 95 1/2, par. 3-412)
11    Sec. 3-412. Registration plates or digital registration
12plates and registration stickers or digital registration
13stickers to be furnished by the Secretary of State.
14    (a) The Secretary of State upon registering a vehicle
15subject to annual registration for the first time shall issue
16or shall cause to be issued to the owner one registration plate
17or digital registration plate for a motorcycle, trailer,
18semitrailer, moped, autocycle, or truck-tractor, 2
19registration plates, or a digital registration plate and metal
20plate as set forth in Section 3-401.5, for other motor vehicles
21and, where applicable, current registration stickers or
22digital registration stickers for motor vehicles of the first
23division. The provisions of this Section may be made applicable
24to such vehicles of the second division, as the Secretary of
25State may, from time to time, in his discretion designate. On

 

 

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1subsequent annual registrations during the term of the
2registration plate or digital registration plate as provided in
3Section 3-414.1, the Secretary shall issue or cause to be
4issued registration stickers or digital registration stickers
5as evidence of current registration. However, the issuance of
6annual registration stickers or digital registration stickers
7to vehicles registered under the provisions of Sections 3-402.1
8and 3-405.3 of this Code may not be required if the Secretary
9deems the issuance unnecessary.
10    (b) Every registration plate or digital registration plate
11shall have displayed upon it the registration number assigned
12to the vehicle for which it is issued, the name of this State,
13which may be abbreviated, the year number for which it was
14issued, which may be abbreviated, the phrase "Land of Lincoln"
15(except as otherwise provided in this Code), and such other
16letters or numbers as the Secretary may prescribe. However, for
17apportionment plates issued to vehicles registered under
18Section 3-402.1 and fleet plates issued to vehicles registered
19under Section 3-405.3, the phrase "Land of Lincoln" may be
20omitted to allow for the word "apportioned", the word "fleet",
21or other similar language to be displayed. Registration plates
22or digital registration plates issued to a vehicle registered
23as a fleet vehicle may display a designation determined by the
24Secretary.
25    The Secretary may in his discretion prescribe that letters
26be used as prefixes only on registration plates or digital

 

 

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1registration plates issued to vehicles of the first division
2which are registered under this Code and only as suffixes on
3registration plates or digital registration plates issued to
4other vehicles. Every registration sticker or digital
5registration sticker issued as evidence of current
6registration shall designate the year number for which it is
7issued and such other letters or numbers as the Secretary may
8prescribe and shall be of a contrasting color with the
9registration plates or digital registration plates and
10registration stickers or digital registration stickers of the
11previous year.
12    (c) Each registration plate or digital registration plate
13and the required letters and numerals thereon, except the year
14number for which issued, shall be of sufficient size to be
15plainly readable from a distance of 100 feet during daylight,
16and shall be coated with reflectorizing material. The
17dimensions of the plate issued to vehicles of the first
18division shall be 6 by 12 inches.
19    (d) The Secretary of State shall issue for every passenger
20motor vehicle rented without a driver the same type of
21registration plates or digital registration plates as the type
22of plates issued for a private passenger vehicle.
23    (e) The Secretary of State shall issue for every passenger
24car used as a taxicab or livery, distinctive registration
25plates or digital registration plates.
26    (f) The Secretary of State shall issue for every motorcycle

 

 

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1distinctive registration plates or digital registration plates
2distinguishing between motorcycles having 150 or more cubic
3centimeters piston displacement, or having less than 150 cubic
4centimeter piston displacement.
5    (g) Registration plates or digital registration plates
6issued to vehicles for-hire may display a designation as
7determined by the Secretary that such vehicles are for-hire.
8    (h) (Blank).
9    (i) The Secretary of State shall issue for every public and
10private ambulance registration plates or digital registration
11plates identifying the vehicle as an ambulance. The Secretary
12shall forward to the Department of Healthcare and Family
13Services registration information for the purpose of
14verification of claims filed with the Department by ambulance
15owners for payment for services to public assistance
16recipients.
17    (j) The Secretary of State shall issue for every public and
18private medical carrier or rescue vehicle livery registration
19plates or digital registration plates displaying numbers
20within ranges of numbers reserved respectively for medical
21carriers and rescue vehicles. The Secretary shall forward to
22the Department of Healthcare and Family Services registration
23information for the purpose of verification of claims filed
24with the Department by owners of medical carriers or rescue
25vehicles for payment for services to public assistance
26recipients.

 

 

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1    (k) The Secretary of State shall issue distinctive license
2plates or digital registration plates or distinctive license
3plate stickers or digital registration stickers for every
4vehicle exempted from subsections (a) and (a-5) of Section
512-503 by subsection (g) of that Section, and by subsection
6(g-5) of that Section before its deletion by this amendatory
7Act of the 95th General Assembly. The Secretary shall issue
8these plates or stickers immediately upon receiving the
9physician's certification required under subsection (g) of
10Section 12-503. New plates or stickers shall also be issued
11when the certification is renewed as provided in that
12subsection.
13    (l) The Secretary of State shall issue distinctive
14registration plates or digital registration plates for
15low-speed vehicles.
16    (m) The Secretary of State shall issue distinctive
17registration plates or digital registration plates for
18autocycles. The dimensions of the plate issued to autocycles
19shall be 4 by 7 inches.
20(Source: P.A. 98-777, eff. 1-1-15.)
 
21    (625 ILCS 5/3-413)  (from Ch. 95 1/2, par. 3-413)
22    Sec. 3-413. Display of registration plates or digital
23registration plates, registration stickers or digital
24registration stickers, and drive-away permits; registration
25plate or digital registration plate covers.

 

 

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1    (a) Registration plates or digital registration plates
2issued for a motor vehicle other than a motorcycle, autocycle,
3trailer, semitrailer, truck-tractor, apportioned bus, or
4apportioned truck shall be attached thereto, one in the front
5and one in the rear. The registration plate or digital
6registration plate issued for a motorcycle, autocycle, trailer
7or semitrailer required to be registered hereunder and any
8apportionment plate issued to a bus under the provisions of
9this Code shall be attached to the rear thereof. The
10registration plate or digital registration plate issued for a
11truck-tractor or an apportioned truck required to be registered
12hereunder shall be attached to the front thereof.
13    (b) Except for vehicles with rear loaded motorized
14forklifts, every registration plate or digital registration
15plate shall at all times be securely fastened in a horizontal
16position to the vehicle for which it is issued so as to prevent
17the plate from swinging and at a height of not less than 5
18inches from the ground, measuring from the bottom of such
19plate, in a place and position to be clearly visible and shall
20be maintained in a condition to be clearly legible, free from
21any materials that would obstruct the visibility of the plate.
22A registration plate or digital registration plate on a
23motorcycle may be mounted vertically as long as it is otherwise
24clearly visible. Registration stickers or digital registration
25stickers issued as evidence of renewed annual registration
26shall be attached to registration plates or displayed on

 

 

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1digital registration plates as required by the Secretary of
2State, and be clearly visible at all times. For those vehicles
3with rear loaded motorized forklifts, if the rear plate is
4securely fastened in a horizontal position as prescribed, the
5plate and registration sticker shall not be required to be
6clearly visible at all times as a result of the rear mounted
7motorized forklift obstructing the view.
8    (c) Every drive-away permit issued pursuant to this Code
9shall be firmly attached to the motor vehicle in the manner
10prescribed by the Secretary of State. If a drive-away permit is
11affixed to a motor vehicle in any other manner the permit shall
12be void and of no effect.
13    (d) The Illinois prorate decal issued to a foreign
14registered vehicle part of a fleet prorated or apportioned with
15Illinois, shall be displayed on a registration plate or digital
16registration plate and displayed on the front of such vehicle
17in the same manner as an Illinois registration plate or digital
18registration plate.
19    (e) The registration plate or digital registration plate
20issued for a camper body mounted on a truck displaying
21registration plates or digital registration plates shall be
22attached to the rear of the camper body.
23    (f) No person shall operate a vehicle, nor permit the
24operation of a vehicle, upon which is displayed an Illinois
25registration plate or , plates or digital registration plate or
26plates or registration stickers or digital registration

 

 

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1stickers, except as provided for in subsection (b) of Section
23-701 of this Code, after the termination of the registration
3period for which issued or after the expiration date set
4pursuant to Sections 3-414 and 3-414.1 of this Code.
5    (g) A person may not operate any motor vehicle that is
6equipped with registration plate or digital registration plate
7covers. A violation of this subsection (g) or a similar
8provision of a local ordinance is an offense against laws and
9ordinances regulating the movement of traffic.
10    (h) A person may not sell or offer for sale a registration
11plate or digital registration plate cover. A violation of this
12subsection (h) is a business offense.
13    (i) A person may not advertise for the purpose of promoting
14the sale of registration plate or digital registration plate
15covers. A violation of this subsection (i) is a business
16offense.
17    (j) A person may not modify the original manufacturer's
18mounting location of the rear registration plate or digital
19registration plate on any vehicle so as to conceal the
20registration or to knowingly cause it to be obstructed in an
21effort to hinder a peace officer from obtaining the
22registration for the enforcement of a violation of this Code,
23Section 27.1 of the Toll Highway Act concerning toll evasion,
24or any municipal ordinance. Modifications prohibited by this
25subsection (j) include but are not limited to the use of an
26electronic device. A violation of this subsection (j) is a

 

 

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1Class A misdemeanor.
2(Source: P.A. 98-777, eff. 1-1-15; 98-1103, eff. 1-1-15; 99-68,
3eff. 1-1-16; 99-78, eff. 7-20-15.)
 
4    (625 ILCS 5/3-414)  (from Ch. 95 1/2, par. 3-414)
5    Sec. 3-414. Expiration of registration.
6    (a) Every vehicle registration under this Chapter and every
7registration card and registration plate or digital
8registration plate or registration sticker or digital
9registration sticker issued hereunder to a vehicle shall be for
10the periods specified in this Chapter and shall expire at
11midnight on the day and date specified in this Section as
12follows:
13        1. When registered on a calendar year basis commencing
14    January 1, expiration shall be on the 31st day of December
15    or at such other date as may be selected in the discretion
16    of the Secretary of State; however, through December 31,
17    2004, registrations of apportionable vehicles,
18    motorcycles, motor driven cycles and pedalcycles shall
19    commence on the first day of April and shall expire March
20    31st of the following calendar year;
21        1.1. Beginning January 1, 2005, registrations of
22    motorcycles and motor driven cycles shall commence on
23    January 1 and shall expire on December 31 or on another
24    date that may be selected by the Secretary; registrations
25    of apportionable vehicles and pedalcycles, however, shall

 

 

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1    commence on the first day of April and shall expire March
2    31 of the following calendar year;
3        2. When registered on a 2 calendar year basis
4    commencing January 1 of an even-numbered year, expiration
5    shall be on the 31st day of December of the ensuing
6    odd-numbered year, or at such other later date as may be
7    selected in the discretion of the Secretary of State not
8    beyond March 1 next;
9        3. When registered on a fiscal year basis commencing
10    July 1, expiration shall be on the 30th day of June or at
11    such other later date as may be selected in the discretion
12    of the Secretary of State not beyond September 1 next;
13        4. When registered on a 2 fiscal year basis commencing
14    July 1 of an even-numbered year, expiration shall be on the
15    30th day of June of the ensuing even-numbered year, or at
16    such other later date as may be selected in the discretion
17    of the Secretary of State not beyond September 1 next;
18        5. When registered on a 4 fiscal year basis commencing
19    July 1 of an even-numbered year, expiration shall be on the
20    30th day of June of the second ensuing even-numbered year,
21    or at such other later date as may be selected in the
22    discretion of the Secretary of State not beyond September 1
23    next.
24    (a-5) The Secretary may, in his or her discretion, require
25an owner of a motor vehicle of the first division or a motor
26vehicle of the second division weighing not more than 8,000

 

 

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1pounds to select the owner's birthday as the date of
2registration expiration under this Section. If the motor
3vehicle has more than one registered owner, the owners may
4select one registered owner's birthday as the date of
5registration expiration. The Secretary may adopt any rules
6necessary to implement this subsection.
7    (b) Vehicle registrations of vehicles of the first division
8shall be for a calendar year, 2 calendar year, 3 calendar year,
9or 5 calendar year basis as provided for in this Chapter.
10    Vehicle registrations of vehicles under Sections 3-808 and
113-809 shall be on an indefinite term basis or a 2 calendar year
12basis as provided for in this Chapter.
13    Vehicle registrations for vehicles of the second division
14shall be for a fiscal year, 2 fiscal year or calendar year
15basis as provided for in this Chapter.
16    Motor vehicles registered under the provisions of Section
173-402.1 shall be issued multi-year registration plates or
18digital registration plates with a new registration card issued
19annually upon payment of the appropriate fees. Motor vehicles
20registered under the provisions of Section 3-405.3 shall be
21issued multi-year registration plates or digital registration
22plates with a new multi-year registration card issued pursuant
23to subsections (j), (k), and (l) of this Section upon payment
24of the appropriate fees. Apportionable trailers and
25apportionable semitrailers registered under the provisions of
26Section 3-402.1 shall be issued multi-year registration plates

 

 

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1or digital registration plates and cards that will be subject
2to revocation for failure to pay annual fees required by
3Section 3-814.1. The Secretary shall determine when these
4vehicles shall be issued new registration plates or digital
5registration plates.
6    (c) Every vehicle registration specified in Section 3-810
7and every registration card and registration plate or digital
8registration plate or registration sticker or digital
9registration sticker issued thereunder shall expire on the 31st
10day of December of each year or at such other date as may be
11selected in the discretion of the Secretary of State.
12    (d) Every vehicle registration for a vehicle of the second
13division weighing over 8,000 pounds, except as provided in
14subsection (g) of this Section, and every registration card and
15registration plate or registration sticker, or digital
16registration plate or digital registration sticker, where
17applicable, issued hereunder to such vehicles shall be issued
18for a fiscal year commencing on July 1st of each registration
19year. However, the Secretary of State may, pursuant to an
20agreement or arrangement or declaration providing for
21apportionment of a fleet of vehicles with other jurisdictions,
22provide for registration of such vehicles under apportionment
23or for all of the vehicles registered in Illinois by an
24applicant who registers some of his vehicles under
25apportionment on a calendar year basis instead, and the fees or
26taxes to be paid on a calendar year basis shall be identical to

 

 

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1those specified in this Code for a fiscal year registration.
2Provision for installment payment may also be made.
3    (e) Semitrailer registrations under apportionment may be
4on a calendar year under a reciprocal agreement or arrangement
5and all other semitrailer registrations shall be on fiscal year
6or 2 fiscal year or 4 fiscal year basis as provided for in this
7Chapter.
8    (f) The Secretary of State may convert annual registration
9plates or digital registration plates or 2-year registration
10plates or digital registration plates, whether registered on a
11calendar year or fiscal year basis, to multi-year plates. The
12determination of which plate categories and when to convert to
13multi-year plates is solely within the discretion of the
14Secretary of State.
15    (g) After January 1, 1975, each registration, registration
16card and registration plate or digital registration plate or
17registration sticker or digital registration sticker, where
18applicable, issued for a recreational vehicle or recreational
19or camping trailer, except a house trailer, used exclusively by
20the owner for recreational purposes, and not used commercially
21nor as a truck or bus, nor for hire, shall be on a calendar year
22basis; except that the Secretary of State shall provide for
23registration and the issuance of registration cards and plates
24or registration stickers, or digital registration plates or
25stickers, where applicable, for one 6-month period in order to
26accomplish an orderly transition from a fiscal year to a

 

 

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1calendar year basis. Fees and taxes due under this Code for a
2registration year shall be appropriately reduced for such
36-month transitional registration period.
4    (h) The Secretary of State may, in order to accomplish an
5orderly transition for vehicles registered under Section
63-402.1 of this Code from a calendar year registration to a
7March 31st expiration, require applicants to pay fees and taxes
8due under this Code on a 15 month registration basis. However,
9if in the discretion of the Secretary of State this creates an
10undue hardship on any applicant the Secretary may allow the
11applicant to pay 3 month fees and taxes at the time of
12registration and the additional 12 month fees and taxes to be
13payable no later than March 31, 1992.
14    (i) The Secretary of State may stagger registrations, or
15change the annual expiration date, as necessary for the
16convenience of the public and the efficiency of his Office. In
17order to appropriately and effectively accomplish any such
18staggering, the Secretary of State is authorized to prorate all
19required registration fees, rounded to the nearest dollar, but
20in no event for a period longer than 18 months, at a monthly
21rate for a 12-month registration fee.
22    (j) The Secretary of State may enter into an agreement with
23a rental owner, as defined in Section 3-400 of this Code, who
24registers a fleet of motor vehicles of the first division
25pursuant to Section 3-405.3 of this Code to provide for the
26registration of the rental owner's vehicles on a 2 or 3

 

 

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1calendar year basis and the issuance of multi-year registration
2plates or digital registration plates with a new registration
3card issued up to every 3 years.
4    (k) The Secretary of State may provide multi-year
5registration cards for any registered fleet of motor vehicles
6of the first or second division that are registered pursuant to
7Section 3-405.3 of this Code. Each motor vehicle of the
8registered fleet must carry a unique multi-year registration
9card that displays the vehicle identification number of the
10registered motor vehicle. The Secretary of State shall
11promulgate rules in order to implement multi-year
12registrations.
13    (l) Beginning with the 2018 registration year, the
14Secretary of State may enter into an agreement with a rental
15owner, as defined in Section 3-400 of this Code, who registers
16a fleet of motor vehicles of the first division under Section
173-405.3 of this Code to provide for the registration of the
18rental owner's vehicle on a 5 calendar year basis. Motor
19vehicles registered on a 5 calendar year basis shall be issued
20a distinct registration plate or digital registration plate
21that expires on a 5-year cycle. The Secretary may prorate the
22registration of these registration plates or digital
23registration plates to the length of time remaining in the
245-year cycle. The Secretary may adopt any rules necessary to
25implement this subsection.
26(Source: P.A. 99-80, eff. 1-1-16; 99-644, eff. 1-1-17; 100-201,

 

 

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1eff. 8-18-17; 100-863, eff. 8-14-18; 100-956, eff. 1-1-19.)
 
2    (625 ILCS 5/3-417)  (from Ch. 95 1/2, par. 3-417)
3    Sec. 3-417. Lost or damaged or stolen cards, plates and
4registration stickers.
5    (a) In the event any registration card, plate or digital
6plate, registration sticker or digital registration sticker,
7or other Illinois evidence of proper registration is lost,
8mutilated or becomes illegible, the owner or legal
9representative or successor in interest of the owner of the
10vehicle for which the same was issued as shown by the records
11of the Secretary of State shall immediately make application
12for and may obtain a duplicate under a new registration card,
13plate or digital plate, registration sticker or digital
14registration sticker, or other Illinois evidence of proper
15registration.
16    (b) In the event any registration card, plate or digital
17plate, registration sticker or digital registration sticker,
18or other Illinois evidence of proper registration is stolen
19from the owner, the owner or legal representative or successor
20in interest of the owner of the vehicle shall promptly notify
21the Secretary of State, and in order to comply with Section
223-413 of this Act the owner shall make application for and
23obtain a duplicate registration card, plate or digital plate,
24registration sticker or digital registration sticker, or other
25Illinois evidence of proper registration.

 

 

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1    (c) The Secretary of State may, if advisable, issue a
2substitute or new registration number in lieu of issuing a
3duplicate.
4    (d) An applicant for a duplicate shall furnish information
5satisfactory to and prescribed by the Secretary of State, and
6he or she shall forward with the application, the fees
7prescribed by law.
8(Source: P.A. 81-308.)
 
9    (625 ILCS 5/3-421)  (from Ch. 95 1/2, par. 3-421)
10    Sec. 3-421. Right of reassignment.
11    (a) Every natural person shall have the right of
12reassignment of the license number issued to him during the
13current registration plate or digital registration plate term,
14for the ensuing registration plate or digital registration
15plate term, provided his or her application for reassignment is
16received in the Office of the Secretary of State on or before
17September 30 of the final year of the registration plate or
18digital registration plate term as to a vehicle registered on a
19calendar year, and on or before March 31 as to a vehicle
20registered on a fiscal year. The right of reassignment shall
21apply to every natural person under the staggered registration
22system provided the application for reassignment is received in
23the Office of the Secretary of State by the 1st day of the
24month immediately preceding the applicant's month of
25expiration.

 

 

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1    In addition, every natural person shall have the right of
2reassignment of the license number issued to him for a two-year
3registration, for the ensuing two-year period. Where the
4two-year period is for two calendar years, the application for
5reassignment must be received by the Secretary of State on or
6before September 30th of the year preceding commencement of the
7two-year period. Where the two-year period is for two fiscal
8years commencing on July 1, the application for reassignment
9must be received by the Secretary of State on or before April
1030th immediately preceding commencement of the two-year
11period.
12    (b) Notwithstanding the above provision, the Secretary of
13State shall, subject to the existing right of reassignment,
14have the authority to designate new specific combinations of
15numerical, alpha-numerical, and numerical-alpha licenses for
16vehicles registered on a calendar year or on a fiscal year,
17whether the license be issued for one or more years. The new
18combinations so specified shall not be subject to the right of
19reassignment, and no right of reassignment thereto may at any
20future time be acquired.
21(Source: P.A. 80-230; 80-1185.)
 
22    (625 ILCS 5/3-501.1)  (from Ch. 95 1/2, par. 3-501.1)
23    Sec. 3-501.1. Transfer or return of vanity or personalized
24license plates. When any person who has been issued vanity or
25personalized license plates or digital license plates sells,

 

 

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1trades, or otherwise releases the ownership of the vehicle upon
2which the vanity or personalized license plates or digital
3license plates have been displayed, he or she shall immediately
4report the transfer of such plates or digital plates to an
5acquired motor vehicle pursuant to Section 3-501 and pay the
6transfer fee or shall, upon the request of the Secretary,
7immediately return such plates to the Secretary of State. The
8right to reassignment of the registration plate or digital
9registration plate number shall apply as provided in Section
103-421 of this Code.
11(Source: P.A. 88-78.)
 
12    (625 ILCS 5/3-600)  (from Ch. 95 1/2, par. 3-600)
13    Sec. 3-600. Requirements for issuance of special plates.
14    (a) The Secretary of State shall issue only special plates
15that have been authorized by the General Assembly. Except as
16provided in subsection (a-5), the Secretary of State shall not
17issue a series of special plates, or Universal special plates
18associated with an organization authorized to issue decals for
19Universal special plates, unless applications, as prescribed
20by the Secretary, have been received for 2,000 plates of that
21series. Where a special plate is authorized by law to raise
22funds for a specific civic group, charitable entity, or other
23identified organization, or when the civic group, charitable
24entity, or organization is authorized to issue decals for
25Universal special license plates, and where the Secretary of

 

 

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1State has not received the required number of applications to
2issue that special plate within 2 years of the effective date
3of the Public Act authorizing the special plate or decal, the
4Secretary of State's authority to issue the special plate or a
5Universal special plate associated with that decal is
6nullified. All applications for special plates shall be on a
7form designated by the Secretary and shall be accompanied by
8any civic group's, charitable entity's, or other identified
9fundraising organization's portion of the additional fee
10associated with that plate or decal. All fees collected under
11this Section are non-refundable and shall be deposited in the
12special fund as designated in the enabling legislation,
13regardless of whether the plate or decal is produced. Upon the
14adoption of this amendatory Act of the 99th General Assembly,
15no further special license plates shall be authorized by the
16General Assembly unless that special license plate is
17authorized under subsection (a-5) of this Section.
18    (a-5) If the General Assembly authorizes the issuance of a
19special plate that recognizes the applicant's military service
20or receipt of a military medal or award, the Secretary may
21immediately begin issuing that special plate.
22    (b) The Secretary of State, upon issuing a new series of
23special license plates, shall notify all law enforcement
24officials of the design, color and other special features of
25the special license plate series.
26    (c) This Section shall not apply to the Secretary of

 

 

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1State's discretion as established in Section 3-611.
2    (d) If a law authorizing a special license plate provides
3that the sponsoring organization is to designate a charitable
4entity as the recipient of the funds from the sale of that
5license plate, the designated charitable entity must be in
6compliance with the registration and reporting requirements of
7the Charitable Trust Act and the Solicitation for Charity Act.
8In addition, the charitable entity must annually provide the
9Secretary of State's office a letter of compliance issued by
10the Illinois Attorney General's office verifying the entity is
11in compliance with the Acts.
12    In the case of a law in effect before the effective date of
13this amendatory Act of the 97th General Assembly, the name of
14the charitable entity which is to receive the funds shall be
15provided to the Secretary of State within one year after the
16effective date of this amendatory Act of the 97th General
17Assembly. In the case of a law that takes effect on or after
18the effective date of this amendatory Act of the 97th General
19Assembly, the name of the charitable entity which is to receive
20the funds shall be provided to the Secretary of State within
21one year after the law takes effect. If the organization fails
22to designate an appropriate charitable entity within the
23one-year period, or if the designated charitable entity fails
24to annually provide the Secretary of State a letter of
25compliance issued by the Illinois Attorney General's office,
26any funds collected from the sale of plates authorized for that

 

 

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1organization and not previously disbursed shall be transferred
2to the General Revenue Fund, and the special plates shall be
3discontinued.
4    (e) If fewer than 1,000 sets of any special license plate
5authorized by law and issued by the Secretary of State are
6actively registered for 2 consecutive calendar years, the
7Secretary of State may discontinue the issuance of that special
8license plate or require that special license plate to be
9exchanged for Universal special plates with appropriate
10decals.
11    (f) Where special license plates have been discontinued
12pursuant to subsection (d) or (e) of this Section, or when the
13special license plates are required to be exchanged for
14Universal special plates under subsection (e) of this Section,
15all previously issued plates of that type shall be recalled.
16Owners of vehicles which were registered with recalled plates
17shall not be charged a reclassification or registration sticker
18replacement plate fee upon the issuance of new plates for those
19vehicles.
20    (g) Any special plate that is authorized to be issued for
21motorcycles may also be issued for autocycles.
22    (h) The Secretary may use alternating numeric and
23alphabetical characters when issuing a special registration
24plate authorized under this Chapter.
25    (i) The Secretary of State may issue digital registration
26plates and stickers in accordance with this Section and Section

 

 

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13-401.5.
2(Source: P.A. 99-483, eff. 7-1-16; 100-956, eff. 1-1-19.)
 
3    (625 ILCS 5/3-607)  (from Ch. 95 1/2, par. 3-607)
4    Sec. 3-607. Amateur Radio Operators. Amateur radio
5operators may obtain the issuance of registration plates or
6digital registration plates for motor vehicles of the first
7division, and second division motor vehicles under 8,000
8pounds, corresponding to their call letters, provided they make
9application therefor, which is subject to the staggered
10registration system, prior to October 1st of the final year of
11the current registration plate or digital registration plate
12term and pay an additional fee of $4.
13(Source: P.A. 91-37, eff. 7-1-99.)
 
14    (625 ILCS 5/3-609)  (from Ch. 95 1/2, par. 3-609)
15    Sec. 3-609. Plates for veterans with disabilities.
16    (a) Any veteran who holds proof of a service-connected
17disability from the United States Department of Veterans
18Affairs, and who has obtained certification from a licensed
19physician, physician assistant, or advanced practice
20registered nurse that the service-connected disability
21qualifies the veteran for issuance of registration plates or
22digital registration plates or decals to a person with
23disabilities in accordance with Section 3-616, may, without the
24payment of any registration fee, make application to the

 

 

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1Secretary of State for license plates for veterans with
2disabilities displaying the international symbol of access,
3for the registration of one motor vehicle of the first division
4or one motor vehicle of the second division weighing not more
5than 8,000 pounds.
6    (b) Any veteran who holds proof of a service-connected
7disability from the United States Department of Veterans
8Affairs, and whose degree of disability has been declared to be
950% or more, but whose disability does not qualify the veteran
10for a plate or decal for persons with disabilities under
11Section 3-616, may, without the payment of any registration
12fee, make application to the Secretary for a special
13registration plate or digital registration plate without the
14international symbol of access for the registration of one
15motor vehicle of the first division or one motor vehicle of the
16second division weighing not more than 8,000 pounds.
17    (c) Renewal of such registration must be accompanied with
18documentation for eligibility of registration without fee
19unless the applicant has a permanent qualifying disability, and
20such registration plates or digital registration plates may not
21be issued to any person not eligible therefor. The Illinois
22Department of Veterans' Affairs may assist in providing the
23documentation of disability.
24    (d) The design and color of the plates shall be within the
25discretion of the Secretary, except that the plates issued
26under subsection (b) of this Section shall not contain the

 

 

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1international symbol of access. The Secretary may, in his or
2her discretion, allow the plates to be issued as vanity or
3personalized plates in accordance with Section 3-405.1 of this
4Code. Registration shall be for a multi-year period and may be
5issued staggered registration.
6    (e) Any person eligible to receive license plates under
7this Section who has been approved for benefits under the
8Senior Citizens and Persons with Disabilities Property Tax
9Relief Act, or who has claimed and received a grant under that
10Act, shall pay a fee of $24 instead of the fee otherwise
11provided in this Code for passenger cars displaying standard
12multi-year registration plates or digital registration plates
13issued under Section 3-414.1, for motor vehicles registered at
148,000 pounds or less under Section 3-815(a), or for
15recreational vehicles registered at 8,000 pounds or less under
16Section 3-815(b), for a second set of plates under this
17Section.
18(Source: P.A. 99-143, eff. 7-27-15; 100-513, eff. 1-1-18.)
 
19    (625 ILCS 5/3-639)
20    Sec. 3-639. Special registration plate or digital
21registration plate for a president of a village or incorporated
22town or mayor.
23    (a) The Secretary, upon receipt of all applicable fees and
24applications made in the form prescribed by the Secretary, may
25issue special registration plates or digital registration

 

 

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1plates to presidents of villages and incorporated towns and
2mayors.
3    The special plates issued under this Section shall be
4affixed only to passenger vehicles of the first division or
5motor vehicles of the second division weighing not more than
68,000 pounds.
7    Plates issued under this Section shall expire according to
8the multi-year procedure established by Section 3-414.1 of this
9Code.
10    (b) The design and color of the special plates shall be
11wholly within the discretion of the Secretary. Appropriate
12documentation, as determined by the Secretary, shall accompany
13each application.
14    (c) An applicant for the special plate shall be charged a
15$15 fee for original issuance in addition to the appropriate
16registration fee. This additional fee shall be deposited into
17the Secretary of State Special License Plate Fund, to be used
18by the Secretary to help defray the administrative processing
19costs.
20    For each registration renewal period, a $2 fee, in addition
21to the appropriate registration fee, shall be charged. This
22additional fee shall be deposited into the Secretary of State
23Special License Plate Fund.
24(Source: P.A. 90-527, eff. 11-13-97; 90-655, eff. 7-30-98.)
 
25    (625 ILCS 5/3-701)  (from Ch. 95 1/2, par. 3-701)

 

 

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1    Sec. 3-701. Operation of vehicles without evidence of
2registration - Operation under mileage plates when odometer
3broken or disconnected.
4    (a) No person shall operate, nor shall an owner knowingly
5permit to be operated, except as provided in subsection (b) of
6this Section, a vehicle upon any highway unless there shall be
7attached thereto and displayed thereon when and as required by
8law, proper evidence of registration in Illinois, as follows:
9        (1) A vehicle required to be registered in Illinois. A
10    current and valid Illinois registration sticker or
11    stickers and plate or plates or digital registration
12    sticker or stickers and digital plate or plates, or an
13    Illinois temporary registration permit, or a drive-away or
14    in-transit permit, issued therefor by the Secretary of
15    State.
16        (2) A vehicle eligible for Reciprocity. A current and
17    valid reciprocal foreign registration plate or digital
18    registration plate or plates properly issued to such
19    vehicle or a temporary registration issued therefor, by the
20    reciprocal State, and, in addition, when required by the
21    Secretary, a current and valid Illinois Reciprocity Permit
22    or Prorate Decal issued therefor by the Secretary of State;
23    or except as otherwise expressly provided for in this
24    Chapter.
25        (3) A vehicle commuting for repairs in Illinois. A
26    dealer plate issued by a foreign state shall exempt a

 

 

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1    vehicle from the requirements of this Section if the
2    vehicle is being operated for the purpose of transport to a
3    repair facility in Illinois to have repairs performed on
4    the vehicle displaying foreign dealer plates. The driver of
5    the motor vehicle bearing dealer plates shall provide a
6    work order or contract with the repair facility to a law
7    enforcement officer upon request.
8    (b) A person may operate or permit operation of a vehicle
9upon any highway a vehicle that has been properly registered
10but does not display a current and valid Illinois registration
11sticker or digital registration sticker if he or she has proof,
12in the form of a printed receipt from the Secretary, that he or
13she registered the vehicle before the previous registration's
14expiration but has not received a new registration sticker or
15digital registration sticker from the Secretary. This printed
16proof of registration is valid for 30 days from the expiration
17of the previous registration sticker's or digital registration
18sticker's date.
19    (c) No person shall operate, nor shall any owner knowingly
20permit to be operated, any vehicle of the second division for
21which the owner has made an election to pay the mileage tax in
22lieu of the annual flat weight tax, at any time when the
23odometer of such vehicle is broken or disconnected, or is
24inoperable or not operating.
25(Source: P.A. 98-971, eff. 1-1-15; 98-1103, eff. 1-1-15; 99-78,
26eff. 7-20-15.)
 

 

 

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1    (625 ILCS 5/3-702)  (from Ch. 95 1/2, par. 3-702)
2    Sec. 3-702. Operation of vehicle when registration
3cancelled, suspended or revoked.
4    (a) No person shall operate, nor shall an owner knowingly
5permit to be operated, upon any highway:
6        (1) A vehicle the registration of which has been
7    cancelled, suspended or revoked; or
8        (2) A vehicle properly registered in another
9    Reciprocal State, the foreign registration of which, or the
10    Illinois Reciprocity Permit or Decal of which, has been
11    cancelled, suspended or revoked.
12    (b) No person shall use, nor shall any owner use or
13knowingly permit the use of any Illinois registration plate or ,
14plates or digital registration plate or plates or registration
15sticker or digital registration sticker , or any Illinois
16Reciprocity Permit or Prorate Decal which has been cancelled,
17suspended or revoked.
18    (c) Any violation of this Section is a Class A misdemeanor
19unless:
20        1. the registration of the motor vehicle has been
21    suspended for noninsurance, then the provisions of Section
22    3-708 of this Code apply in lieu of this Section.
23        2. the registration of the motor vehicle has been
24    suspended for failure to purchase a vehicle tax sticker
25    pursuant to Section 3-704.1 of this Code, then the

 

 

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1    violation shall be considered a business offense and the
2    person shall be required to pay a fine in excess of $500,
3    but not more than $1,000.
4(Source: P.A. 86-149; 87-1225.)
 
5    (625 ILCS 5/3-703)  (from Ch. 95 1/2, par. 3-703)
6    Sec. 3-703. Improper use of evidences of registration or
7certificate of title. No person shall lend to another any
8certificate of title, registration card, registration plate or
9digital registration plate, registration sticker or digital
10registration sticker, special plate or permit or other
11evidences of proper registration issued to him if the person
12desiring to borrow the same would not be entitled to the use
13thereof, nor shall any person knowingly permit the use of any
14of the same by one not entitled thereto, nor shall any person
15display upon a vehicle any registration card, registration
16sticker or digital registration sticker, registration plate or
17digital registration plate or other evidences of proper
18registration not issued for such vehicle or not otherwise
19lawfully used thereon under this Code. No person shall
20duplicate, alter or attempt to reproduce in any manner a
21registration plate or digital registration plate or
22registration sticker or digital registration sticker issued
23under this Code. No person shall make fraudulent use of
24evidences of registration or certificates of title issued
25erroneously by the Secretary of State. No person shall

 

 

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1manufacture, advertise, distribute or sell any certificate of
2title, registration card, registration plate or digital
3registration plate, registration sticker or digital
4registration sticker, special plate or permit or other
5evidences of proper registration which purports to have been
6issued under this Code. The Secretary of State may request the
7Attorney General to seek a restraining order in the circuit
8court against any person who violates this Section by
9advertising such fraudulent items. Any violation of this
10Section is a Class C misdemeanor.
11(Source: P.A. 86-551.)
 
12    (625 ILCS 5/3-704)  (from Ch. 95 1/2, par. 3-704)
13    Sec. 3-704. Authority of Secretary of State to suspend or
14revoke a registration or certificate of title; authority to
15suspend or revoke the registration of a vehicle.
16    (a) The Secretary of State may suspend or revoke the
17registration of a vehicle or a certificate of title,
18registration card, registration sticker or digital
19registration sticker, registration plate or digital
20registration plate, disability parking decal or device, or any
21nonresident or other permit in any of the following events:
22        1. When the Secretary of State is satisfied that such
23    registration or that such certificate, card, plate or
24    digital plate, registration sticker or digital
25    registration sticker, or permit was fraudulently or

 

 

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1    erroneously issued;
2        2. When a registered vehicle has been dismantled or
3    wrecked or is not properly equipped;
4        3. When the Secretary of State determines that any
5    required fees have not been paid to the Secretary of State,
6    to the Illinois Commerce Commission, or to the Illinois
7    Department of Revenue under the Motor Fuel Tax Law, and the
8    same are not paid upon reasonable notice and demand;
9        4. When a registration card, registration plate or
10    digital registration plate, registration sticker or
11    digital registration sticker, or permit is knowingly
12    displayed upon a vehicle other than the one for which
13    issued;
14        5. When the Secretary of State determines that the
15    owner has committed any offense under this Chapter
16    involving the registration or the certificate, card, plate
17    or digital plate, registration sticker or digital
18    registration sticker, or permit to be suspended or revoked;
19        6. When the Secretary of State determines that a
20    vehicle registered not-for-hire is used or operated
21    for-hire unlawfully, or used or operated for purposes other
22    than those authorized;
23        7. When the Secretary of State determines that an owner
24    of a for-hire motor vehicle has failed to give proof of
25    financial responsibility as required by this Act;
26        8. When the Secretary determines that the vehicle is

 

 

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1    not subject to or eligible for a registration;
2        9. When the Secretary determines that the owner of a
3    vehicle registered under the mileage weight tax option
4    fails to maintain the records specified by law, or fails to
5    file the reports required by law, or that such vehicle is
6    not equipped with an operable and operating speedometer or
7    odometer;
8        10. When the Secretary of State is so authorized under
9    any other provision of law;
10        11. When the Secretary of State determines that the
11    holder of a disability parking decal or device has
12    committed any offense under Chapter 11 of this Code
13    involving the use of a disability parking decal or device.
14    (a-5) The Secretary of State may revoke a certificate of
15title and registration card and issue a corrected certificate
16of title and registration card, at no fee to the vehicle owner
17or lienholder, if there is proof that the vehicle
18identification number is erroneously shown on the original
19certificate of title.
20    (b) The Secretary of State may suspend or revoke the
21registration of a vehicle as follows:
22        1. When the Secretary of State determines that the
23    owner of a vehicle has not paid a civil penalty or a
24    settlement agreement arising from the violation of rules
25    adopted under the Illinois Motor Carrier Safety Law or the
26    Illinois Hazardous Materials Transportation Act or that a

 

 

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1    vehicle, regardless of ownership, was the subject of
2    violations of these rules that resulted in a civil penalty
3    or settlement agreement which remains unpaid.
4        2. When the Secretary of State determines that a
5    vehicle registered for a gross weight of more than 16,000
6    pounds within an affected area is not in compliance with
7    the provisions of Section 13-109.1 of the Illinois Vehicle
8    Code.
9        3. When the Secretary of State is notified by the
10    United States Department of Transportation that a vehicle
11    is in violation of the Federal Motor Carrier Safety
12    Regulations, as they are now or hereafter amended, and is
13    prohibited from operating.
14    (c) The Secretary of State may suspend the registration of
15a vehicle when a court finds that the vehicle was used in a
16violation of Section 24-3A of the Criminal Code of 1961 or the
17Criminal Code of 2012 relating to gunrunning. A suspension of
18registration under this subsection (c) may be for a period of
19up to 90 days.
20(Source: P.A. 97-540, eff. 1-1-12; 97-1150, eff. 1-25-13.)
 
21    (625 ILCS 5/3-704.1)
22    Sec. 3-704.1. Municipal vehicle tax liability; suspension
23of registration.
24    (a) As used in this Section:
25        (1) "Municipality" means a city, village or

 

 

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1    incorporated town with a population over 1,000,000.
2        (2) "Vehicle tax" means a motor vehicle tax and any
3    related late fees or charges imposed by a municipality
4    under Section 8-11-4 of the Illinois Municipal Code or
5    under the municipality's home rule powers.
6        (3) "Vehicle owner" means the registered owner or
7    owners of a vehicle who are residents of the municipality.
8    (b) A municipality that imposes a vehicle tax may, by
9ordinance adopted under this Section, establish a system
10whereby the municipality notifies the Secretary of State of
11vehicle tax liability and the Secretary of State suspends the
12registration of vehicles for which the tax has not been paid.
13An ordinance establishing a system must provide for the
14following:
15        (1) A first notice for failure to pay a vehicle tax
16    shall be sent by first class mail to the vehicle owner at
17    the owner's address recorded with the Secretary of State
18    whenever the municipality has reasonable cause to believe
19    that the vehicle owner has failed to pay a vehicle tax as
20    required by ordinance. The notice shall include at least
21    the following:
22            (A) The name and address of the vehicle owner.
23            (B) The registration plate or digital registration
24        plate number of the vehicle.
25            (C) The period for which the vehicle tax is due.
26            (D) The amount of vehicle tax that is due.

 

 

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1            (E) A statement that the vehicle owner's
2        registration for the vehicle will be subject to
3        suspension proceedings unless the vehicle owner pays
4        the vehicle tax or successfully contests the owner's
5        alleged liability within 30 days of the date of the
6        notice.
7            (F) An explanation of the vehicle owner's
8        opportunity to be heard under subsection (c).
9        (2) If a vehicle owner fails to pay the vehicle tax or
10    to contest successfully the owner's alleged liability
11    within the period specified in the first notice, a second
12    notice of impending registration suspension shall be sent
13    by first class mail to the vehicle owner at the owner's
14    address recorded with the Secretary of State. The notice
15    shall contain the same information as the first notice, but
16    shall also state that the failure to pay the amount owing,
17    or to contest successfully the alleged liability within 45
18    days of the date of the second notice, will result in the
19    municipality's notification of the Secretary of State that
20    the vehicle owner is eligible for initiation of suspension
21    proceedings under this Section.
22    (c) An ordinance adopted under this Section must also give
23the vehicle owner an opportunity to be heard upon the filing of
24a timely petition with the municipality. A vehicle owner may
25contest the alleged tax liability either through an
26adjudication by mail or at an administrative hearing, at the

 

 

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1option of the vehicle owner. The grounds upon which the
2liability may be contested may be limited to the following:
3        (1) The alleged vehicle owner does not own the vehicle.
4        (2) The vehicle is not subject to the vehicle tax by
5    law.
6        (3) The vehicle tax for the period in question has been
7    paid.
8    At an administrative hearing, the formal or technical rules
9of evidence shall not apply. The hearing shall be recorded. The
10person conducting the hearing shall have the power to
11administer oaths and to secure by subpoena the attendance and
12testimony of witnesses and the production of relevant
13documents.
14    (d) If a vehicle owner who has been sent a first notice of
15failure to pay a vehicle tax and a second notice of impending
16registration suspension fails to pay the vehicle tax or to
17contest successfully the vehicle owner's liability within the
18periods specified in the notices, the appropriate official
19shall cause a certified report to be sent to the Secretary of
20State under subsection (e).
21    (e) A report of a municipality notifying the Secretary of
22State of a vehicle owner's failure to pay a vehicle tax or
23related fines or penalties under this Section shall be
24certified by the appropriate official and shall contain the
25following:
26        (1) The name, last known address, and registration

 

 

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1    plate or digital registration plate number of the vehicle
2    of the person who failed to pay the vehicle tax.
3        (2) The name of the municipality making the report.
4        (3) A statement that the municipality sent notices as
5    required by subsection (b); the date on which the notices
6    were sent; the address to which the notices were sent; and
7    the date of the hearing, if any.
8    (f) Following receipt of the certified report under this
9Section, the Secretary of State shall notify the vehicle owner
10that the vehicle's registration will be suspended at the end of
11a reasonable specified period of time unless the Secretary of
12State is presented with a notice from the municipality
13certifying that the person has paid the necessary vehicle tax,
14or that inclusion of that person's name or registration number
15on the certified report was in error. The Secretary's notice
16shall state in substance the information contained in the
17certified report from the municipality to the Secretary, and
18shall be effective as specified by subsection (c) of Section
196-211 of this Code. The notice shall also inform the person of
20the person's right to a hearing under subsection (g).
21    (g) An administrative hearing with the Office of the
22Secretary of State to contest an impending suspension or a
23suspension made under this Section may be had upon filing a
24written request with the Secretary of State. The filing fee for
25this hearing shall be $20 to be paid at the time the request is
26made.

 

 

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1        (1) The scope of any administrative hearing with the
2    Secretary of State to contest an impending suspension under
3    this Section shall be limited to the following issues:
4            (A) Whether the report of the appropriate official
5        of the municipality was certified and contained the
6        information required by this Section.
7            (B) Whether the municipality making the certified
8        report to the Secretary of State established
9        procedures by ordinance for persons to challenge the
10        accuracy of the certified report.
11            (C) Whether the Secretary of State notified the
12        vehicle owner that the vehicle's registration would be
13        suspended at the end of the specified time period
14        unless the Secretary of State was presented with a
15        notice from the municipality certifying that the
16        person has purchased the necessary vehicle tax sticker
17        or that inclusion of that person's name or registration
18        number on the certified report was in error.
19    A municipality that files a certified report with the
20Secretary of State under this Section shall reimburse the
21Secretary for all reasonable costs incurred by the Secretary as
22a result of the filing of the report, including but not limited
23to the costs of providing the notice required under subsection
24(f) and the costs incurred by the Secretary in any hearing
25conducted with respect to the report under this subsection and
26any appeal from that hearing.

 

 

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1    (h) After the expiration of the time specified under
2subsection (g), the Secretary of State shall, unless the
3suspension is successfully contested, suspend the registration
4of the vehicle until the Secretary receives notice under
5subsection (i).
6    (i) Any municipality making a certified report to the
7Secretary of State under this subsection shall notify the
8Secretary of State, in a form prescribed by the Secretary,
9whenever a person named in the certified report has
10subsequently paid a vehicle tax or whenever the municipality
11determines that the original report was in error. A certified
12copy of the notification shall also be given upon request and
13at no additional charge to the person named in the report. Upon
14receipt of the notification or presentation of a certified copy
15of the notification by the municipality, the Secretary of State
16shall terminate the suspension.
17    (j) To facilitate enforcement of municipal vehicle tax
18liability, a municipality may provide by ordinance for a
19program of vehicle immobilization as provided by Section
2011-1430.1 of this Code.
21(Source: P.A. 100-201, eff. 8-18-17.)
 
22    (625 ILCS 5/3-706)  (from Ch. 95 1/2, par. 3-706)
23    Sec. 3-706. Owner to return evidences of registration upon
24cancellation, revocation or suspension. Whenever the
25Secretary of State cancels or revokes the registration of a

 

 

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1vehicle or a certificate of title, registration card,
2registration sticker or stickers or digital registration
3sticker or stickers, registration plate or plates or digital
4registration plate or plates, or a nonresident or other permit
5or the license of any dealer or wrecker, the owner or person in
6possession of the same shall immediately return the evidences
7of registration, title or license so cancelled or revoked to
8the Secretary.
9    Whenever the Secretary suspends the registration of a
10vehicle or the license of any dealer or wrecker, the owner or
11person in possession of the same, upon request by the
12Secretary, shall immediately return all evidence of the
13registration or the license so suspended to the Secretary.
14(Source: P.A. 85-1201.)
 
15    (625 ILCS 5/3-802)  (from Ch. 95 1/2, par. 3-802)
16    Sec. 3-802. Reclassifications and upgrades.
17    (a) Definitions. For the purposes of this Section, the
18following words shall have the meanings ascribed to them as
19follows:
20        "Reclassification" means changing the registration of
21    a vehicle from one plate category to another.
22        "Upgrade" means increasing the registered weight of a
23    vehicle within the same plate category.
24    (b) When reclassing the registration of a vehicle from one
25plate category to another, the owner shall receive credit for

 

 

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1the unused portion of the present plate and be charged the
2current portion fees for the new plate. In addition, the
3appropriate replacement plate and replacement sticker fees
4shall be assessed.
5    (b-5) Beginning with the 2019 registration year, any
6individual who has a registration issued under either Section
73-405 or 3-405.1 that qualifies for a special license plate
8under Section 3-609, 3-609.1, 3-620, 3-621, 3-622, 3-623,
93-624, 3-625, 3-626, 3-628, 3-638, 3-642, 3-645, 3-647, 3-650,
103-651, 3-664, 3-666, 3-667, 3-668, 3-669, 3-676, 3-677, 3-680,
113-681, 3-683, 3-686, 3-688, 3-693, 3-698, or 3-699.12 may
12reclass his or her registration upon acquiring a special
13license plate listed in this subsection (b-5) without a
14replacement plate or digital plate fee or registration sticker
15or digital registration sticker cost.
16    (b-10) Beginning with the 2019 registration year, any
17individual who has a special license plate issued under Section
183-609, 3-609.1, 3-620, 3-621, 3-622, 3-623, 3-624, 3-625,
193-626, 3-628, 3-638, 3-642, 3-645, 3-647, 3-650, 3-651, 3-664,
203-666, 3-667, 3-668, 3-669, 3-676, 3-677, 3-680, 3-681, 3-683,
213-686, 3-688, 3-693, 3-698, or 3-699.12 may reclass his or her
22special license plate upon acquiring a new registration under
23Section 3-405 or 3-405.1 without a replacement plate or digital
24plate fee or registration sticker or digital registration
25sticker cost.
26    (c) When upgrading the weight of a registration within the

 

 

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1same plate category, the owner shall pay the difference in
2current period fees between the two plates. In addition, the
3appropriate replacement plate and replacement sticker fees
4shall be assessed. In the event new plates are not required,
5the corrected registration card fee shall be assessed.
6    (d) In the event the owner of the vehicle desires to change
7the registered weight and change the plate category, the owner
8shall receive credit for the unused portion of the registration
9fee of the current plate and pay the current portion of the
10registration fee for the new plate, and in addition, pay the
11appropriate replacement plate and replacement sticker fees.
12    (e) Reclassing from one plate category to another plate
13category can be done only once within any registration period.
14    (f) No refunds shall be made in any of the circumstances
15found in subsection (b), subsection (c), or subsection (d);
16however, when reclassing from a flat weight plate to an
17apportioned plate, a refund may be issued if the credit amounts
18to an overpayment.
19    (g) In the event the registration of a vehicle registered
20under the mileage tax option is revoked, the owner shall be
21required to pay the annual registration fee in the new plate
22category and shall not receive any credit for the mileage plate
23fees.
24    (h) Certain special interest plates may be displayed on
25first division vehicles, second division vehicles weighing
268,000 pounds or less, and recreational vehicles. Those plates

 

 

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1can be transferred within those vehicle groups.
2    (i) Plates displayed on second division vehicles weighing
38,000 pounds or less and passenger vehicle plates may be
4reclassed from one division to the other.
5    (j) Other than in subsection (i), reclassing from one
6division to the other division is prohibited. In addition, a
7reclass from a motor vehicle to a trailer or a trailer to a
8motor vehicle is prohibited.
9(Source: P.A. 99-809, eff. 1-1-17; 100-246, eff. 1-1-18;
10100-450, eff. 1-1-18; 100-863, eff. 8-14-18.)
 
11    (625 ILCS 5/3-806.3)  (from Ch. 95 1/2, par. 3-806.3)
12    Sec. 3-806.3. Senior citizens. Commencing with the 2009
13registration year, the registration fee paid by any vehicle
14owner who has been approved for benefits under the Senior
15Citizens and Persons with Disabilities Property Tax Relief Act
16or who is the spouse of such a person shall be $24 instead of
17the fee otherwise provided in this Code for passenger cars
18displaying standard multi-year registration plates or digital
19registration plates issued under Section 3-414.1, motor
20vehicles displaying special registration plates or digital
21registration plates issued under Section 3-609, 3-616, 3-621,
223-622, 3-623, 3-624, 3-625, 3-626, 3-628, 3-638, 3-642, 3-645,
233-647, 3-650, 3-651, or 3-663, motor vehicles registered at
248,000 pounds or less under Section 3-815(a), and recreational
25vehicles registered at 8,000 pounds or less under Section

 

 

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13-815(b). Widows and widowers of claimants shall also be
2entitled to this reduced registration fee for the registration
3year in which the claimant was eligible.
4    Commencing with the 2009 registration year, the
5registration fee paid by any vehicle owner who has claimed and
6received a grant under the Senior Citizens and Persons with
7Disabilities Property Tax Relief Act or who is the spouse of
8such a person shall be $24 instead of the fee otherwise
9provided in this Code for passenger cars displaying standard
10multi-year registration plates or digital registration plates
11issued under Section 3-414.1, motor vehicles displaying
12special registration plates or digital registration plates
13issued under Section 3-607, 3-609, 3-616, 3-621, 3-622, 3-623,
143-624, 3-625, 3-626, 3-628, 3-638, 3-642, 3-645, 3-647, 3-650,
153-651, 3-663, or 3-664, motor vehicles registered at 8,000
16pounds or less under Section 3-815(a), and recreational
17vehicles registered at 8,000 pounds or less under Section
183-815(b). Widows and widowers of claimants shall also be
19entitled to this reduced registration fee for the registration
20year in which the claimant was eligible.
21    Commencing with the 2017 registration year, the reduced fee
22under this Section shall apply to any special registration
23plate or digital registration plate authorized in Article VI of
24Chapter 3 of this Code for which the applicant would otherwise
25be eligible.
26    Surcharges for vehicle registrations under Section 3-806

 

 

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1of this Code shall not be collected from any vehicle owner who
2has been approved for benefits under the Senior Citizens and
3Disabled Persons Property Tax Relief Act or a person who is the
4spouse of such a person.
5    No more than one reduced registration fee under this
6Section shall be allowed during any 12-month period based on
7the primary eligibility of any individual, whether such reduced
8registration fee is allowed to the individual or to the spouse,
9widow or widower of such individual. This Section does not
10apply to the fee paid in addition to the registration fee for
11motor vehicles displaying vanity, personalized, or special
12license plates.
13(Source: P.A. 99-71, eff. 1-1-16; 99-143, eff. 7-27-15; 99-642,
14eff. 7-28-16; 99-707, eff. 7-29-16.)
 
15    (625 ILCS 5/3-814.3)
16    Sec. 3-814.3. Registration of fleets of semitrailers or
17apportionable semitrailers. The Secretary of State may provide
18for the registration of large fleets of semitrailers or
19apportionable semitrailers by accepting the appropriate fees
20and issuing the registration plate or digital registration
21plate prior to the plate being assigned to a specific vehicle.
22The registration indexes will be updated on a date
23predetermined by the Secretary of State. In determining this
24date, the Secretary of State shall take into consideration the
25number of vehicles in each fleet.

 

 

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1(Source: P.A. 89-710, eff. 2-14-97.)
 
2    (625 ILCS 5/3-814.4)
3    Sec. 3-814.4. Registration of fleet vehicles. The
4Secretary may issue fleet vehicle registration plates or
5digital registration plates to owners of vehicle fleets
6registered in accordance with Section 3-405.3 of this Code in
7bulk before plates are assigned to specific vehicles. A
8registration plate or digital registration plate may not be
9displayed on a vehicle, however, until the plate has been
10activated on the Secretary's registration file and the proper
11fee has been forwarded to the Secretary.
12(Source: P.A. 95-331, eff. 8-21-07.)
 
13    (625 ILCS 5/3-820)  (from Ch. 95 1/2, par. 3-820)
14    Sec. 3-820. Duplicate Number Plates. Upon filing in the
15Office of the Secretary of State an affidavit to the effect
16that an original number plate for a vehicle is lost, stolen or
17destroyed, a duplicate number plate shall be furnished upon
18payment of a fee of $6 for each duplicate plate and a fee of $9
19for a pair of duplicate plates.
20    Upon filing in the Office of the Secretary of State an
21affidavit to the effect that an original registration sticker
22or digital registration sticker for a vehicle is lost, stolen
23or destroyed, a new registration sticker or digital
24registration sticker shall be furnished upon payment of a fee

 

 

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1of $5 for registration stickers or digital registration
2stickers issued on or before February 28, 2005 and $20 for
3registration stickers or digital registration stickers issued
4on or after March 1, 2005.
5    The Secretary of State may, in his discretion, assign a new
6number plate or plates in lieu of a duplicate of the plate or
7plates so lost, stolen or destroyed, but such assignment of a
8new plate or plates shall not affect the right of the owner to
9secure a reassignment of his original registration number in
10the manner provided in this Act. The fee for one new number
11plate shall be $6, and for a pair of new number plates, $9.
12    For the administration of this Section, the Secretary shall
13consider the loss of a registration plate or digital
14registration plate or plates with properly affixed
15registration stickers or digital registration stickers as
16requiring the payment of:
17        (i) $11 for each duplicate issued on or before February
18    28, 2005 and $26 for each duplicate issued on or after
19    March 1, 2005; or
20        (ii) $14 for a pair of duplicate plates issued on or
21    before February 28, 2005 and $29 for a pair of duplicate
22    plates issued on or after March 1, 2005.
23(Source: P.A. 93-840, eff. 7-30-04; 93-1067, eff. 1-15-05.)
 
24    (625 ILCS 5/3-824)  (from Ch. 95 1/2, par. 3-824)
25    Sec. 3-824. When fees returnable.

 

 

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1    (a) Whenever any application to the Secretary of State is
2accompanied by any fee as required by law and such application
3is refused or rejected, said fee shall be returned to said
4applicant.
5    (b) Whenever the Secretary of State collects any fee not
6required to be paid under the provisions of this Act, the same
7shall be refunded to the person paying the same upon
8application therefor made within 6 months after the date of
9such payment, except as follows: (1) whenever a refund is
10determined to be due and owing as a result of an audit, by this
11State or any other state or province, in accordance with
12Section 2-124 of this Code, of a prorate or apportion license
13fee payment pursuant to any reciprocal compact or agreement
14between this State and any other state or province, and the
15Secretary for any reason fails to promptly make such refund,
16the licensee shall have one year from the date of the
17notification of the audit result to file, with the Secretary,
18an application for refund found to be due and owing as a result
19of such audit; and (2) whenever a person eligible for a reduced
20registration fee pursuant to Section 3-806.3 of this Code has
21paid in excess of the reduced registration fee owed, the refund
22applicant shall have 2 years from the date of overpayment to
23apply with the Secretary for a refund of that part of payment
24made in excess of the established reduced registration fee.
25    (c) Whenever a person dies after making application for
26registration, application for a refund of the registration fees

 

 

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1and taxes may be made if the vehicle is then sold or disposed
2of so that the registration plates or digital registration
3plates, registration sticker or digital registration sticker
4and card are never used. The Secretary of State shall refund
5the registration fees and taxes upon receipt within 6 months
6after the application for registration of an application for
7refund accompanied with the unused registration plates or
8digital registration plates or registration sticker or digital
9registration sticker and card and proof of both the death of
10the applicant and the sale or disposition of the vehicle.
11    (d) Any application for refund received after the times
12specified in this Section shall be denied and the applicant in
13order to receive a refund must apply to the Court of Claims.
14    (d-5) Refunds may be granted for any title-related
15transaction if a title application has not been processed by
16the Secretary of State. If any application for a certificate of
17title under Section 3-104 or salvage title under Section 3-118
18is verified by the National Motor Vehicle Title Information
19System (NMVTIS), and receives a warning or error from the
20NMVTIS reporting that the vehicle requires either a salvage
21certificate or a junk certificate in lieu of the original
22applied certificate of title or salvage title, then the
23applicant shall have 6 months to apply for a refund of cost, or
24the difference of the certificate of title or salvage
25certificate.
26    (e) The Secretary of State is authorized to maintain a two

 

 

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1signature revolving checking account with a suitable
2commercial bank for the purpose of depositing and
3withdrawal-for-return those monies received and determined
4upon receipt to be in excess of the amount or amounts required
5by law.
6    (f) Refunds on audits performed by Illinois or another
7member of the International Registration Plan shall be made in
8accordance with the procedures as set forth in the agreement.
9(Source: P.A. 99-414, eff. 8-20-15.)
 
10    (625 ILCS 5/4-104)  (from Ch. 95 1/2, par. 4-104)
11    Sec. 4-104. Offenses relating to possession of titles and
12registration.
13    (a) It is a violation of this Chapter for:
14        1. A person to possess without authority any
15    manufacturers statement of origin, certificate of title,
16    salvage certificate, junking certificate, display
17    certificate of title, registration card, license plate or
18    digital license plate, registration sticker or digital
19    registration sticker, or temporary registration permit,
20    whether blank or otherwise;
21        2. A person to possess any manufacturers certificate of
22    origin, salvage certificate, junking certificate,
23    certificate of title, display certificate without complete
24    assignment;
25        3. A person to possess any manufacturers statement of

 

 

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1    origin, salvage certificate, junking certificate, display
2    certificate or certificate of title, temporary
3    registration permit, registration card, license plate or
4    digital license plate, or registration sticker or digital
5    registration sticker knowing it to have been stolen,
6    converted, altered, forged or counterfeited;
7        4. A person to display or affix to a vehicle any
8    certificate of title, manufacturers statement of origin,
9    salvage certificate, junking certificate, display
10    certificate, temporary registration permit, registration
11    card, license plate or digital license plate, or
12    registration sticker or digital registration sticker not
13    authorized by law for use on such vehicle;
14        5. A person to permit another, not entitled thereto, to
15    use or have possession of any manufacturers statement of
16    origin, salvage certificate, junking certificate, display
17    certificate or certificate of title, registration card,
18    license plate or digital license plate, temporary
19    registration permit, or registration sticker or digital
20    registration sticker;
21        6. A person to fail to mail or deliver to the proper
22    person within a reasonable period of time after receipt
23    from the Secretary of State, any certificate of title,
24    salvage certificate, junking certificate, display
25    certificate, registration card, temporary registration
26    permit, license plate or digital license plate, or

 

 

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1    registration sticker or digital registration sticker. If a
2    person mails or delivers reasonable notice to the proper
3    person after receipt from the Secretary of State, a
4    presumption of delivery within a reasonable period of time
5    shall exist; provided, however, the delivery is made,
6    either by mail or otherwise, within 20 days from the date
7    of receipt from the Secretary of State.
8    (b) Sentence:
9        1. A person convicted of a violation of subsection 1 or
10    2 of paragraph (a) of this Section is guilty of a Class 4
11    felony.
12        2. A person convicted of a violation of subsection 3 of
13    paragraph (a) of this Section is guilty of a Class 2
14    felony.
15        3. A person convicted of a violation of either
16    subsection 4 or 5 of paragraph (a) of this Section is
17    guilty of a Class A misdemeanor and upon a second or
18    subsequent conviction of such a violation is guilty of a
19    Class 4 felony.
20        4. A person convicted of a violation of subsection 6 of
21    paragraph (a) of this Section is guilty of a petty offense.
22(Source: P.A. 87-854; 87-1225; 88-45.)
 
23    (625 ILCS 5/4-105)  (from Ch. 95 1/2, par. 4-105)
24    Sec. 4-105. Offenses relating to disposition of titles and
25registration.

 

 

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1    (a) It is a violation of this Chapter for:
2        1. a person to alter, forge, or counterfeit any
3    manufacturers statement of origin, certificate of title,
4    salvage certificate, junking certificate, display
5    certificate, registration sticker or digital registration
6    sticker, registration card, or temporary registration
7    permit;
8        2. a person to alter, forge, or counterfeit an
9    assignment of any manufacturers statement of origin,
10    certificate of title, salvage certificate or junking
11    certificate;
12        3. a person to alter, forge, or counterfeit a release
13    of a security interest on any manufacturers statement of
14    origin, certificate of title, salvage certificate or
15    junking certificate;
16        4. a person to alter, forge, or counterfeit an
17    application for any certificate of title, salvage
18    certificate, junking certificate, display certificate,
19    registration sticker or digital registration sticker,
20    registration card, temporary registration permit or
21    license plate;
22        5. a person to use a false or fictitious name or
23    address or altered, forged, counterfeited or stolen
24    manufacturer's identification number, or make a material
25    false statement, or fail to disclose a security interest,
26    or conceal any other material fact on any application for

 

 

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1    any manufacturers statement of origin, certificate of
2    title, junking certificate, salvage certificate,
3    registration card, license plate or digital license plate,
4    temporary registration permit, or registration sticker or
5    digital registration sticker, or commit a fraud in
6    connection with any application under this Act;
7        6. an unauthorized person to have in his possession a
8    blank Illinois certificate of title paper;
9        7. a person to surrender or cause to be surrendered any
10    certificate of title, salvage or junking certificate in
11    exchange for a certificate of title or other title document
12    from any other state or foreign jurisdiction for the
13    purpose of changing or deleting an "S.V." or "REBUILT"
14    notation, odometer reading, or any other information
15    contained on such Illinois certificate.
16    (b) Sentence:
17    A person convicted of a violation of this Section shall be
18guilty of a Class 2 felony.
19(Source: P.A. 84-986.)
 
20    (625 ILCS 5/4-204)  (from Ch. 95 1/2, par. 4-204)
21    Sec. 4-204. Police tows; reports, release of vehicles,
22payment. When a vehicle is authorized to be towed away as
23provided in Section 4-202 or 4-203:
24    (a) The authorization, any hold order, and any release
25shall be in writing, or confirmed in writing, with a copy given

 

 

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1to the towing service.
2    (b) The police headquarters or office of the law officer
3authorizing the towing shall keep and maintain a record of the
4vehicle towed, listing the color, year of manufacture,
5manufacturer's trade name, manufacturer's series name, body
6style, Vehicle Identification Number, license plate or digital
7license plate year and number and registration sticker or
8digital registration sticker year and number displayed on the
9vehicle. The record shall also include the date and hour of
10tow, location towed from, location towed to, reason for towing
11and the name of the officer authorizing the tow.
12    (c) The owner, operator, or other legally entitled person
13shall be responsible to the towing service for payment of
14applicable removal, towing, storage, and processing charges
15and collection costs associated with a vehicle towed or held
16under order or authorization of a law enforcement agency. If a
17vehicle towed or held under order or authorization of a law
18enforcement agency is seized by the ordering or authorizing
19agency or any other law enforcement or governmental agency and
20sold, any unpaid removal, towing, storage, and processing
21charges and collection costs shall be paid to the towing
22service from the proceeds of the sale. If applicable law
23provides that the proceeds are to be paid into the treasury of
24the appropriate civil jurisdiction, then any unpaid removal,
25towing, storage, and processing charges and collection costs
26shall be paid to the towing service from the treasury of the

 

 

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1civil jurisdiction. That payment shall not, however, exceed the
2amount of proceeds from the sale, with the balance to be paid
3by the owner, operator, or other legally entitled person.
4    (d) Upon delivery of a written release order to the towing
5service, a vehicle subject to a hold order shall be released to
6the owner, operator, or other legally entitled person upon
7proof of ownership or other entitlement and upon payment of
8applicable removal, towing, storage, and processing charges
9and collection costs.
10(Source: P.A. 89-433, eff. 12-15-95.)
 
11    (625 ILCS 5/5-202)  (from Ch. 95 1/2, par. 5-202)
12    Sec. 5-202. Tow or Wrecker operators must register tow or
13wrecker vehicles.
14    (a) No person in this State shall engage in the business of
15operating a tow truck or wrecker or operate a tow or wrecker
16vehicle until such person shall register any vehicle to be used
17for such purpose and apply for and receive from the Secretary
18of State a generally distinctive set of 3 "tow truck" plates
19for any towing or wrecker vehicle operated by him.
20    (b) An application for registration for a generally
21distinctive set of 3 "tow truck" plates under this Article
22shall be filed with the Secretary of State, duly verified by
23oath and in such form as the Secretary of State may by rule or
24regulation prescribe and shall contain the name and business
25address of such person, the vehicle identification number of

 

 

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1the vehicle for which such application is made, proof of
2insurance as set forth in paragraph (d) of Section 12-606 of
3this Code, and such other information concerning the business
4of the applicant as the Secretary of State may by rule or
5regulation prescribe.
6    (c) The application for registration and a generally
7distinctive set of 3 "tow truck" plates shall be accompanied by
8the prescribed fee. Upon payment of such fee, such registration
9and application shall be filed and recorded in the office of
10the Secretary of State. Thereupon the Secretary of State shall
11assign and issue to such person a generally distinctive number
12for each vehicle and without further expense to him shall
13deliver to such person at his place of business address one set
14of 3 "tow truck" plates. Such "tow truck" plates shall be used
15by such person only on the vehicle for which application was
16made and the vehicle being towed, and are not transferable.
17    (d) All "tow truck" plates granted under this Section shall
18expire by operation of law on December 31 of the calendar year
19for which they are granted unless sooner revoked under the
20provisions of Section 5-501 of this Chapter.
21    (e) One "tow truck" plate shall be attached to the front
22and rear of each registered vehicle, and one "tow truck" plate
23shall be attached to the rear of the vehicle being towed unless
24the towed vehicle displays a valid registration plate or
25digital registration plate visible from the rear while being
26towed, so that the numbers and letter on the plate are clearly

 

 

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1visible to any person following the vehicle being towed.
2However, illumination of the rear plate required by subsection
3(c) of Section 12-201 of this Code shall not apply to the third
4plate displayed on the towed vehicle. In addition, the vehicle
5registration plates or digital registration plates assigned to
6the vehicle being towed shall be displayed as provided in
7Section 3-413 of this Code.
8(Source: P.A. 86-444; 86-565; 86-1028.)
 
9    (625 ILCS 5/7-303)  (from Ch. 95 1/2, par. 7-303)
10    Sec. 7-303. Suspension of driver's licenses, registration
11certificates, license plates or digital license plates, and
12registration stickers or digital registration stickers for
13failure to satisfy judgment.
14    (a) The Secretary of State shall, except as provided in
15paragraph (d), suspend the driver's license issued to any
16person upon receiving an authenticated report as hereinafter
17provided for in Section 7-307 that the person has failed for a
18period of 30 days to satisfy any final judgment in amounts as
19hereinafter stated, and shall also suspend the registration
20certificate, license plates or digital license plates, and
21registration sticker or digital registration sticker of the
22judgment debtor's motor vehicle involved in the crash as
23indicated in the authenticated report.
24    (b) The term "judgment" shall mean: A final judgment of any
25court of competent jurisdiction of any State, against a person

 

 

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1as defendant for damages on account of bodily injury to or
2death of any person or damages to property resulting from the
3operation, on and after July 12, 1938, of any motor vehicle.
4    (c) The term "State" shall mean: Any State, Territory, or
5possession of the United States, the District of Columbia, or
6any province of the Dominion of Canada.
7    (d) The Secretary of State shall not suspend the driver's
8license, registration certificates, registration stickers or
9digital registration stickers, or license plates or digital
10license plates of the judgment debtor, nor shall such judgment
11debtor be subject to the suspension provisions of Sections
127-308 and 7-309 if all the following conditions are met:
13        1. At the time of the motor vehicle accident which gave
14    rise to the unsatisfied judgment the judgment debtor was
15    covered by a motor vehicle liability policy or bond meeting
16    the requirements of this Chapter;
17        2. The insurance company which issued the policy or
18    bond has failed and has suspended operations by order of a
19    court;
20        3. The judgment debtor had no knowledge of the
21    insurance company's failure prior to the motor vehicle
22    accident;
23        4. Within 30 days after learning of the insurance
24    company's failure the judgment debtor secured another
25    liability policy or bond meeting the requirements of this
26    Article relating to future occurrences or accidents;

 

 

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1        5. The insurance company which issued the motor vehicle
2    liability policy or bond that covered the judgment debtor
3    at the time of the motor vehicle accident is unable to
4    satisfy the judgment in the amounts specified in Section
5    7-311;
6        6. The judgment debtor presents to the Secretary of
7    State such certified documents or other proofs as the
8    Secretary of State may require that all of the conditions
9    set forth in this Section have been met.
10(Source: P.A. 98-178, eff. 1-1-14.)
 
11    (625 ILCS 5/7-402)  (from Ch. 95 1/2, par. 7-402)
12    Sec. 7-402. Surrender of license to drive and registration.
13Except as otherwise provided in this Code or Article V of the
14Supreme Court Rules, any person whose license to drive has been
15suspended shall immediately return to the Secretary of State
16any driver's license, instruction permit, restricted driving
17permit or other evidence of driving privileges held by such
18person. Any driving authorization document issued under
19Section 6-206.1 or 11-501.1 of this Code shall be returned to
20the issuing court for proper processing. Any person whose
21vehicle registration has been suspended shall, upon the request
22of the Secretary, immediately return to the Secretary any
23license plates or other evidences of registration held by such
24person.
25    The Secretary is authorized to take possession of any

 

 

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1license to drive, registration certificate, registration
2sticker or digital registration sticker, or license plates or
3digital license plates upon the suspension thereof under the
4provisions of this Code or to direct any law enforcement
5officer to take possession thereof and to return the same to
6the Secretary.
7    Any person willfully failing to comply with this Section is
8guilty of a Class A misdemeanor and shall be punished as
9provided in Section 9-110 of this Code.
10(Source: P.A. 91-357, eff. 7-29-99.)
 
11    (625 ILCS 5/7-602)  (from Ch. 95 1/2, par. 7-602)
12    Sec. 7-602. Insurance card. Every operator of a motor
13vehicle subject to Section 7-601 of this Code shall carry
14within the vehicle evidence of insurance. The evidence shall be
15legible and sufficient to demonstrate that the motor vehicle
16currently is covered by a liability insurance policy as
17required under Section 7-601 of this Code and may include, but
18is not limited to, the following:
19        (a) an insurance card provided by the insurer under
20    this Section;
21        (b) the combination of proof of purchase of the motor
22    vehicle within the previous 60 days and a current insurance
23    card issued for the motor vehicle replaced by such
24    purchase;
25        (c) the current declarations page of a liability

 

 

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1    insurance policy;
2        (d) a liability insurance binder, certificate of
3    liability insurance or receipt for payment to an insurer or
4    its authorized representative for a liability insurance
5    premium, provided such document contains all information
6    the Secretary of State by rule and regulation may require;
7        (e) a current rental agreement;
8        (f) registration plates or digital registration
9    plates, registration sticker or digital registration
10    sticker, or other evidence of registration issued by the
11    Secretary only upon submission of proof of liability
12    insurance pursuant to this Code;
13        (g) a certificate, decal, or other document or device
14    issued by a governmental agency for a motor vehicle
15    indicating the vehicle is insured for liability pursuant to
16    law;
17        (h) the display of electronic images on a cellular
18    phone or other type of portable electronic device. The use
19    of a cellular phone or other type of portable electronic
20    device to display proof of insurance does not constitute
21    consent for a law enforcement officer, court, or other
22    officer of the court to access other contents of the
23    electronic device. Any law enforcement officer, court, or
24    officer of the court presented with the device shall be
25    immune from any liability resulting from damage to the
26    mobile electronic device.

 

 

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1    An insurance card shall be provided for each motor vehicle
2insured by the insurer issuing the liability insurance policy
3and may be issued in either paper or electronic format.
4Acceptable electronic formats shall permit display on a
5cellular phone or other portable electronic device and satisfy
6all other requirements of law and rule, including this Section,
7regarding form and content.
8    The form, contents and manner of issuance of the insurance
9card shall be prescribed by rules and regulations of the
10Secretary of State. The Secretary shall adopt rules requiring
11that reasonable measures be taken to prevent the fraudulent
12production of insurance cards. The insurance card shall display
13an effective date and an expiration date covering a period of
14time not to exceed 12 months. The insurance card shall contain
15the following disclaimer: "Examine policy exclusions
16carefully. This form does not constitute any part of your
17insurance policy." If the insurance policy represented by the
18insurance card does not cover any driver operating the motor
19vehicle with the owner's permission, or the owner when
20operating a motor vehicle other than the vehicle for which the
21policy is issued, the insurance card shall contain a warning of
22such limitations in the coverage provided by the policy.
23    No insurer shall issue a card, similar in appearance, form
24and content to the insurance card required under this Section,
25in connection with an insurance policy that does not provide
26the liability insurance coverage required under Section 7-601

 

 

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1of this Code.
2    The evidence of insurance shall be displayed upon request
3made by any law enforcement officer wearing a uniform or
4displaying a badge or other sign of authority. Any person who
5fails or refuses to comply with such request is in violation of
6Section 3-707 of this Code. Any person who displays evidence of
7insurance, knowing there is no valid liability insurance in
8effect on the motor vehicle as required under Section 7-601 of
9this Code or knowing the evidence of insurance is illegally
10altered, counterfeit or otherwise invalid, is in violation of
11Section 3-710 of this Code.
12    "Display" means the manual surrender of the evidence of
13insurance into the hands of the law enforcement officer, court,
14or officer of the court making the request for the officer's,
15court's, or officer of the court's inspection thereof.
16(Source: P.A. 98-521, eff. 8-23-13.)
 
17    (625 ILCS 5/8-113)  (from Ch. 95 1/2, par. 8-113)
18    Sec. 8-113. Secretary of State to suspend registration
19certificates, registration plates or digital registration
20plates, and registration sticker or digital registration
21sticker when bond or policy cancelled or withdrawn. In the
22event that a bond or policy of insurance is cancelled or
23withdrawn with respect to a vehicle or vehicles, subject to the
24provisions of Section 8-101 or 8-101.1, for which the bond or
25policy of insurance was issued, then the Secretary of State

 

 

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1immediately shall suspend the registration certificates,
2registration plates or digital registration plates, and
3registration sticker or stickers or digital registration
4sticker or stickers of the owner, with respect to such motor
5vehicle or vehicles, and said registration certificates,
6registration plates or digital registration plates, and
7registration sticker or stickers or digital registration
8sticker or stickers shall remain suspended and no registration
9shall be permitted or renewed unless and until the owner of the
10motor vehicle shall have filed proof of financial
11responsibility as provided by Section 8-101 or 8-101.1.
12(Source: P.A. 82-433.)
 
13    (625 ILCS 5/8-114)  (from Ch. 95 1/2, par. 8-114)
14    Sec. 8-114. Issuance of license upon proof of financial
15responsibility. The Secretary of State shall issue to each
16person who has in effect proof of financial responsibility as
17required by Section 8-101 or 8-101.1, a certificate for each
18motor vehicle operated by such person and included within the
19proof of financial responsibility. Each certificate shall
20specify the Illinois registration plate or digital
21registration plate and registration sticker or digital
22registration sticker number of the vehicle, a statement that
23proof of financial responsibility has been filed, and the
24period for which the certificate was issued.
25(Source: P.A. 82-433.)
 

 

 

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1    (625 ILCS 5/9-109)  (from Ch. 95 1/2, par. 9-109)
2    Sec. 9-109. Secretary of State to cancel certificate and to
3suspend license plates and registration stickers when bond or
4policy cancelled or withdrawn.
5    (a) If any insurance policy or bond filed hereunder shall
6for any reason become inoperative, the Secretary of State shall
7forthwith cancel the certificate of compliance of the owner and
8it shall be unlawful for the owner to rent out the motor
9vehicle, covered by said certificate, until a policy or bond
10meeting the requirements of this Act is filed with the
11Secretary of State and a certificate has been issued by him as
12provided by Section 9-108.
13    (b) The Secretary of State shall also suspend the
14registration certificate, license plates or digital license
15plates, and registration sticker or stickers or digital
16registration sticker or stickers of the owner, with respect to
17the motor vehicle for which the insurance policy or bond had
18been issued, and said registration certificates, license
19plates or digital license plates, and registration sticker or
20stickers or digital registration sticker or stickers shall
21remain suspended and no registration shall be permitted or
22renewed unless and until the owner of said motor vehicle shall
23have complied with the provisions of this Act.
24(Source: P.A. 80-230; 80-1185.)
 

 

 

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1    (625 ILCS 5/11-204.1)  (from Ch. 95 1/2, par. 11-204.1)
2    Sec. 11-204.1. Aggravated fleeing or attempting to elude a
3peace officer.
4    (a) The offense of aggravated fleeing or attempting to
5elude a peace officer is committed by any driver or operator of
6a motor vehicle who flees or attempts to elude a peace officer,
7after being given a visual or audible signal by a peace officer
8in the manner prescribed in subsection (a) of Section 11-204 of
9this Code, and such flight or attempt to elude:
10        (1) is at a rate of speed at least 21 miles per hour
11    over the legal speed limit;
12        (2) causes bodily injury to any individual;
13        (3) causes damage in excess of $300 to property;
14        (4) involves disobedience of 2 or more official traffic
15    control devices; or
16        (5) involves the concealing or altering of the
17    vehicle's registration plate or digital registration
18    plate.
19    (b) Any person convicted of a first violation of this
20Section shall be guilty of a Class 4 felony. Upon notice of
21such a conviction the Secretary of State shall forthwith revoke
22the driver's license of the person so convicted, as provided in
23Section 6-205 of this Code. Any person convicted of a second or
24subsequent violation of this Section shall be guilty of a Class
253 felony, and upon notice of such a conviction the Secretary of
26State shall forthwith revoke the driver's license of the person

 

 

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1convicted, as provided in Section 6-205 of the Code.
2    (c) The motor vehicle used in a violation of this Section
3is subject to seizure and forfeiture as provided in Sections
436-1 and 36-2 of the Criminal Code of 2012.
5(Source: P.A. 96-328, eff. 8-11-09; 97-743, eff. 1-1-13;
697-1150, eff. 1-25-13.)
 
7    (625 ILCS 5/11-208.6)
8    Sec. 11-208.6. Automated traffic law enforcement system.
9    (a) As used in this Section, "automated traffic law
10enforcement system" means a device with one or more motor
11vehicle sensors working in conjunction with a red light signal
12to produce recorded images of motor vehicles entering an
13intersection against a red signal indication in violation of
14Section 11-306 of this Code or a similar provision of a local
15ordinance.
16    An automated traffic law enforcement system is a system, in
17a municipality or county operated by a governmental agency,
18that produces a recorded image of a motor vehicle's violation
19of a provision of this Code or a local ordinance and is
20designed to obtain a clear recorded image of the vehicle and
21the vehicle's license plate. The recorded image must also
22display the time, date, and location of the violation.
23    (b) As used in this Section, "recorded images" means images
24recorded by an automated traffic law enforcement system on:
25        (1) 2 or more photographs;

 

 

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1        (2) 2 or more microphotographs;
2        (3) 2 or more electronic images; or
3        (4) a video recording showing the motor vehicle and, on
4    at least one image or portion of the recording, clearly
5    identifying the registration plate or digital registration
6    plate number of the motor vehicle.
7    (b-5) A municipality or county that produces a recorded
8image of a motor vehicle's violation of a provision of this
9Code or a local ordinance must make the recorded images of a
10violation accessible to the alleged violator by providing the
11alleged violator with a website address, accessible through the
12Internet.
13    (c) Except as provided under Section 11-208.8 of this Code,
14a county or municipality, including a home rule county or
15municipality, may not use an automated traffic law enforcement
16system to provide recorded images of a motor vehicle for the
17purpose of recording its speed. Except as provided under
18Section 11-208.8 of this Code, the regulation of the use of
19automated traffic law enforcement systems to record vehicle
20speeds is an exclusive power and function of the State. This
21subsection (c) is a denial and limitation of home rule powers
22and functions under subsection (h) of Section 6 of Article VII
23of the Illinois Constitution.
24    (c-5) A county or municipality, including a home rule
25county or municipality, may not use an automated traffic law
26enforcement system to issue violations in instances where the

 

 

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1motor vehicle comes to a complete stop and does not enter the
2intersection, as defined by Section 1-132 of this Code, during
3the cycle of the red signal indication unless one or more
4pedestrians or bicyclists are present, even if the motor
5vehicle stops at a point past a stop line or crosswalk where a
6driver is required to stop, as specified in subsection (c) of
7Section 11-306 of this Code or a similar provision of a local
8ordinance.
9    (c-6) A county, or a municipality with less than 2,000,000
10inhabitants, including a home rule county or municipality, may
11not use an automated traffic law enforcement system to issue
12violations in instances where a motorcyclist enters an
13intersection against a red signal indication when the red
14signal fails to change to a green signal within a reasonable
15period of time not less than 120 seconds because of a signal
16malfunction or because the signal has failed to detect the
17arrival of the motorcycle due to the motorcycle's size or
18weight.
19    (d) For each violation of a provision of this Code or a
20local ordinance recorded by an automatic traffic law
21enforcement system, the county or municipality having
22jurisdiction shall issue a written notice of the violation to
23the registered owner of the vehicle as the alleged violator.
24The notice shall be delivered to the registered owner of the
25vehicle, by mail, within 30 days after the Secretary of State
26notifies the municipality or county of the identity of the

 

 

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1owner of the vehicle, but in no event later than 90 days after
2the violation.
3    The notice shall include:
4        (1) the name and address of the registered owner of the
5    vehicle;
6        (2) the registration number of the motor vehicle
7    involved in the violation;
8        (3) the violation charged;
9        (4) the location where the violation occurred;
10        (5) the date and time of the violation;
11        (6) a copy of the recorded images;
12        (7) the amount of the civil penalty imposed and the
13    requirements of any traffic education program imposed and
14    the date by which the civil penalty should be paid and the
15    traffic education program should be completed;
16        (8) a statement that recorded images are evidence of a
17    violation of a red light signal;
18        (9) a warning that failure to pay the civil penalty, to
19    complete a required traffic education program, or to
20    contest liability in a timely manner is an admission of
21    liability and may result in a suspension of the driving
22    privileges of the registered owner of the vehicle;
23        (10) a statement that the person may elect to proceed
24    by:
25            (A) paying the fine, completing a required traffic
26        education program, or both; or

 

 

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1            (B) challenging the charge in court, by mail, or by
2        administrative hearing; and
3        (11) a website address, accessible through the
4    Internet, where the person may view the recorded images of
5    the violation.
6    (e) If a person charged with a traffic violation, as a
7result of an automated traffic law enforcement system, does not
8pay the fine or complete a required traffic education program,
9or both, or successfully contest the civil penalty resulting
10from that violation, the Secretary of State shall suspend the
11driving privileges of the registered owner of the vehicle under
12Section 6-306.5 of this Code for failing to complete a required
13traffic education program or to pay any fine or penalty due and
14owing, or both, as a result of a combination of 5 violations of
15the automated traffic law enforcement system or the automated
16speed enforcement system under Section 11-208.8 of this Code.
17    (f) Based on inspection of recorded images produced by an
18automated traffic law enforcement system, a notice alleging
19that the violation occurred shall be evidence of the facts
20contained in the notice and admissible in any proceeding
21alleging a violation under this Section.
22    (g) Recorded images made by an automatic traffic law
23enforcement system are confidential and shall be made available
24only to the alleged violator and governmental and law
25enforcement agencies for purposes of adjudicating a violation
26of this Section, for statistical purposes, or for other

 

 

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1governmental purposes. Any recorded image evidencing a
2violation of this Section, however, may be admissible in any
3proceeding resulting from the issuance of the citation.
4    (h) The court or hearing officer may consider in defense of
5a violation:
6        (1) that the motor vehicle or registration plates or
7    digital registration plates of the motor vehicle were
8    stolen before the violation occurred and not under the
9    control of or in the possession of the owner at the time of
10    the violation;
11        (2) that the driver of the vehicle passed through the
12    intersection when the light was red either (i) in order to
13    yield the right-of-way to an emergency vehicle or (ii) as
14    part of a funeral procession; and
15        (3) any other evidence or issues provided by municipal
16    or county ordinance.
17    (i) To demonstrate that the motor vehicle or the
18registration plates or digital registration plates were stolen
19before the violation occurred and were not under the control or
20possession of the owner at the time of the violation, the owner
21must submit proof that a report concerning the stolen motor
22vehicle or registration plates was filed with a law enforcement
23agency in a timely manner.
24    (j) Unless the driver of the motor vehicle received a
25Uniform Traffic Citation from a police officer at the time of
26the violation, the motor vehicle owner is subject to a civil

 

 

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1penalty not exceeding $100 or the completion of a traffic
2education program, or both, plus an additional penalty of not
3more than $100 for failure to pay the original penalty or to
4complete a required traffic education program, or both, in a
5timely manner, if the motor vehicle is recorded by an automated
6traffic law enforcement system. A violation for which a civil
7penalty is imposed under this Section is not a violation of a
8traffic regulation governing the movement of vehicles and may
9not be recorded on the driving record of the owner of the
10vehicle.
11    (j-3) A registered owner who is a holder of a valid
12commercial driver's license is not required to complete a
13traffic education program.
14    (j-5) For purposes of the required traffic education
15program only, a registered owner may submit an affidavit to the
16court or hearing officer swearing that at the time of the
17alleged violation, the vehicle was in the custody and control
18of another person. The affidavit must identify the person in
19custody and control of the vehicle, including the person's name
20and current address. The person in custody and control of the
21vehicle at the time of the violation is required to complete
22the required traffic education program. If the person in
23custody and control of the vehicle at the time of the violation
24completes the required traffic education program, the
25registered owner of the vehicle is not required to complete a
26traffic education program.

 

 

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1    (k) An intersection equipped with an automated traffic law
2enforcement system must be posted with a sign visible to
3approaching traffic indicating that the intersection is being
4monitored by an automated traffic law enforcement system.
5    (k-3) A municipality or county that has one or more
6intersections equipped with an automated traffic law
7enforcement system must provide notice to drivers by posting
8the locations of automated traffic law systems on the
9municipality or county website.
10    (k-5) An intersection equipped with an automated traffic
11law enforcement system must have a yellow change interval that
12conforms with the Illinois Manual on Uniform Traffic Control
13Devices (IMUTCD) published by the Illinois Department of
14Transportation.
15    (k-7) A municipality or county operating an automated
16traffic law enforcement system shall conduct a statistical
17analysis to assess the safety impact of each automated traffic
18law enforcement system at an intersection following
19installation of the system. The statistical analysis shall be
20based upon the best available crash, traffic, and other data,
21and shall cover a period of time before and after installation
22of the system sufficient to provide a statistically valid
23comparison of safety impact. The statistical analysis shall be
24consistent with professional judgment and acceptable industry
25practice. The statistical analysis also shall be consistent
26with the data required for valid comparisons of before and

 

 

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1after conditions and shall be conducted within a reasonable
2period following the installation of the automated traffic law
3enforcement system. The statistical analysis required by this
4subsection (k-7) shall be made available to the public and
5shall be published on the website of the municipality or
6county. If the statistical analysis for the 36 month period
7following installation of the system indicates that there has
8been an increase in the rate of accidents at the approach to
9the intersection monitored by the system, the municipality or
10county shall undertake additional studies to determine the
11cause and severity of the accidents, and may take any action
12that it determines is necessary or appropriate to reduce the
13number or severity of the accidents at that intersection.
14    (l) The compensation paid for an automated traffic law
15enforcement system must be based on the value of the equipment
16or the services provided and may not be based on the number of
17traffic citations issued or the revenue generated by the
18system.
19    (m) This Section applies only to the counties of Cook,
20DuPage, Kane, Lake, Madison, McHenry, St. Clair, and Will and
21to municipalities located within those counties.
22    (n) The fee for participating in a traffic education
23program under this Section shall not exceed $25.
24    A low-income individual required to complete a traffic
25education program under this Section who provides proof of
26eligibility for the federal earned income tax credit under

 

 

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1Section 32 of the Internal Revenue Code or the Illinois earned
2income tax credit under Section 212 of the Illinois Income Tax
3Act shall not be required to pay any fee for participating in a
4required traffic education program.
5    (o) A municipality or county shall make a certified report
6to the Secretary of State pursuant to Section 6-306.5 of this
7Code whenever a registered owner of a vehicle has failed to pay
8any fine or penalty due and owing as a result of a combination
9of 5 offenses for automated traffic law or speed enforcement
10system violations.
11    (p) No person who is the lessor of a motor vehicle pursuant
12to a written lease agreement shall be liable for an automated
13speed or traffic law enforcement system violation involving
14such motor vehicle during the period of the lease; provided
15that upon the request of the appropriate authority received
16within 120 days after the violation occurred, the lessor
17provides within 60 days after such receipt the name and address
18of the lessee. The drivers license number of a lessee may be
19subsequently individually requested by the appropriate
20authority if needed for enforcement of this Section.
21    Upon the provision of information by the lessor pursuant to
22this subsection, the county or municipality may issue the
23violation to the lessee of the vehicle in the same manner as it
24would issue a violation to a registered owner of a vehicle
25pursuant to this Section, and the lessee may be held liable for
26the violation.

 

 

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1(Source: P.A. 97-29, eff. 1-1-12; 97-627, eff. 1-1-12; 97-672,
2eff. 7-1-12; 97-762, eff. 7-6-12; 98-463, eff. 8-16-13.)
 
3    (625 ILCS 5/11-208.8)
4    Sec. 11-208.8. Automated speed enforcement systems in
5safety zones.
6    (a) As used in this Section:
7    "Automated speed enforcement system" means a photographic
8device, radar device, laser device, or other electrical or
9mechanical device or devices installed or utilized in a safety
10zone and designed to record the speed of a vehicle and obtain a
11clear photograph or other recorded image of the vehicle and the
12vehicle's registration plate or digital registration plate
13while the driver is violating Article VI of Chapter 11 of this
14Code or a similar provision of a local ordinance.
15    An automated speed enforcement system is a system, located
16in a safety zone which is under the jurisdiction of a
17municipality, that produces a recorded image of a motor
18vehicle's violation of a provision of this Code or a local
19ordinance and is designed to obtain a clear recorded image of
20the vehicle and the vehicle's license plate. The recorded image
21must also display the time, date, and location of the
22violation.
23    "Owner" means the person or entity to whom the vehicle is
24registered.
25    "Recorded image" means images recorded by an automated

 

 

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1speed enforcement system on:
2        (1) 2 or more photographs;
3        (2) 2 or more microphotographs;
4        (3) 2 or more electronic images; or
5        (4) a video recording showing the motor vehicle and, on
6    at least one image or portion of the recording, clearly
7    identifying the registration plate or digital registration
8    plate number of the motor vehicle.
9    "Safety zone" means an area that is within one-eighth of a
10mile from the nearest property line of any public or private
11elementary or secondary school, or from the nearest property
12line of any facility, area, or land owned by a school district
13that is used for educational purposes approved by the Illinois
14State Board of Education, not including school district
15headquarters or administrative buildings. A safety zone also
16includes an area that is within one-eighth of a mile from the
17nearest property line of any facility, area, or land owned by a
18park district used for recreational purposes. However, if any
19portion of a roadway is within either one-eighth mile radius,
20the safety zone also shall include the roadway extended to the
21furthest portion of the next furthest intersection. The term
22"safety zone" does not include any portion of the roadway known
23as Lake Shore Drive or any controlled access highway with 8 or
24more lanes of traffic.
25    (a-5) The automated speed enforcement system shall be
26operational and violations shall be recorded only at the

 

 

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1following times:
2        (i) if the safety zone is based upon the property line
3    of any facility, area, or land owned by a school district,
4    only on school days and no earlier than 6 a.m. and no later
5    than 8:30 p.m. if the school day is during the period of
6    Monday through Thursday, or 9 p.m. if the school day is a
7    Friday; and
8        (ii) if the safety zone is based upon the property line
9    of any facility, area, or land owned by a park district, no
10    earlier than one hour prior to the time that the facility,
11    area, or land is open to the public or other patrons, and
12    no later than one hour after the facility, area, or land is
13    closed to the public or other patrons.
14    (b) A municipality that produces a recorded image of a
15motor vehicle's violation of a provision of this Code or a
16local ordinance must make the recorded images of a violation
17accessible to the alleged violator by providing the alleged
18violator with a website address, accessible through the
19Internet.
20    (c) Notwithstanding any penalties for any other violations
21of this Code, the owner of a motor vehicle used in a traffic
22violation recorded by an automated speed enforcement system
23shall be subject to the following penalties:
24        (1) if the recorded speed is no less than 6 miles per
25    hour and no more than 10 miles per hour over the legal
26    speed limit, a civil penalty not exceeding $50, plus an

 

 

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1    additional penalty of not more than $50 for failure to pay
2    the original penalty in a timely manner; or
3        (2) if the recorded speed is more than 10 miles per
4    hour over the legal speed limit, a civil penalty not
5    exceeding $100, plus an additional penalty of not more than
6    $100 for failure to pay the original penalty in a timely
7    manner.
8    A penalty may not be imposed under this Section if the
9driver of the motor vehicle received a Uniform Traffic Citation
10from a police officer for a speeding violation occurring within
11one-eighth of a mile and 15 minutes of the violation that was
12recorded by the system. A violation for which a civil penalty
13is imposed under this Section is not a violation of a traffic
14regulation governing the movement of vehicles and may not be
15recorded on the driving record of the owner of the vehicle. A
16law enforcement officer is not required to be present or to
17witness the violation. No penalty may be imposed under this
18Section if the recorded speed of a vehicle is 5 miles per hour
19or less over the legal speed limit. The municipality may send,
20in the same manner that notices are sent under this Section, a
21speed violation warning notice where the violation involves a
22speed of 5 miles per hour or less above the legal speed limit.
23    (d) The net proceeds that a municipality receives from
24civil penalties imposed under an automated speed enforcement
25system, after deducting all non-personnel and personnel costs
26associated with the operation and maintenance of such system,

 

 

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1shall be expended or obligated by the municipality for the
2following purposes:
3        (i) public safety initiatives to ensure safe passage
4    around schools, and to provide police protection and
5    surveillance around schools and parks, including but not
6    limited to: (1) personnel costs; and (2) non-personnel
7    costs such as construction and maintenance of public safety
8    infrastructure and equipment;
9        (ii) initiatives to improve pedestrian and traffic
10    safety;
11        (iii) construction and maintenance of infrastructure
12    within the municipality, including but not limited to roads
13    and bridges; and
14        (iv) after school programs.
15    (e) For each violation of a provision of this Code or a
16local ordinance recorded by an automated speed enforcement
17system, the municipality having jurisdiction shall issue a
18written notice of the violation to the registered owner of the
19vehicle as the alleged violator. The notice shall be delivered
20to the registered owner of the vehicle, by mail, within 30 days
21after the Secretary of State notifies the municipality of the
22identity of the owner of the vehicle, but in no event later
23than 90 days after the violation.
24    (f) The notice required under subsection (e) of this
25Section shall include:
26        (1) the name and address of the registered owner of the

 

 

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1    vehicle;
2        (2) the registration number of the motor vehicle
3    involved in the violation;
4        (3) the violation charged;
5        (4) the date, time, and location where the violation
6    occurred;
7        (5) a copy of the recorded image or images;
8        (6) the amount of the civil penalty imposed and the
9    date by which the civil penalty should be paid;
10        (7) a statement that recorded images are evidence of a
11    violation of a speed restriction;
12        (8) a warning that failure to pay the civil penalty or
13    to contest liability in a timely manner is an admission of
14    liability and may result in a suspension of the driving
15    privileges of the registered owner of the vehicle;
16        (9) a statement that the person may elect to proceed
17    by:
18            (A) paying the fine; or
19            (B) challenging the charge in court, by mail, or by
20        administrative hearing; and
21        (10) a website address, accessible through the
22    Internet, where the person may view the recorded images of
23    the violation.
24    (g) If a person charged with a traffic violation, as a
25result of an automated speed enforcement system, does not pay
26the fine or successfully contest the civil penalty resulting

 

 

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1from that violation, the Secretary of State shall suspend the
2driving privileges of the registered owner of the vehicle under
3Section 6-306.5 of this Code for failing to pay any fine or
4penalty due and owing, or both, as a result of a combination of
55 violations of the automated speed enforcement system or the
6automated traffic law under Section 11-208.6 of this Code.
7    (h) Based on inspection of recorded images produced by an
8automated speed enforcement system, a notice alleging that the
9violation occurred shall be evidence of the facts contained in
10the notice and admissible in any proceeding alleging a
11violation under this Section.
12    (i) Recorded images made by an automated speed enforcement
13system are confidential and shall be made available only to the
14alleged violator and governmental and law enforcement agencies
15for purposes of adjudicating a violation of this Section, for
16statistical purposes, or for other governmental purposes. Any
17recorded image evidencing a violation of this Section, however,
18may be admissible in any proceeding resulting from the issuance
19of the citation.
20    (j) The court or hearing officer may consider in defense of
21a violation:
22        (1) that the motor vehicle or registration plates or
23    digital registration plates of the motor vehicle were
24    stolen before the violation occurred and not under the
25    control or in the possession of the owner at the time of
26    the violation;

 

 

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1        (2) that the driver of the motor vehicle received a
2    Uniform Traffic Citation from a police officer for a
3    speeding violation occurring within one-eighth of a mile
4    and 15 minutes of the violation that was recorded by the
5    system; and
6        (3) any other evidence or issues provided by municipal
7    ordinance.
8    (k) To demonstrate that the motor vehicle or the
9registration plates or digital registration plates were stolen
10before the violation occurred and were not under the control or
11possession of the owner at the time of the violation, the owner
12must submit proof that a report concerning the stolen motor
13vehicle or registration plates was filed with a law enforcement
14agency in a timely manner.
15    (l) A roadway equipped with an automated speed enforcement
16system shall be posted with a sign conforming to the national
17Manual on Uniform Traffic Control Devices that is visible to
18approaching traffic stating that vehicle speeds are being
19photo-enforced and indicating the speed limit. The
20municipality shall install such additional signage as it
21determines is necessary to give reasonable notice to drivers as
22to where automated speed enforcement systems are installed.
23    (m) A roadway where a new automated speed enforcement
24system is installed shall be posted with signs providing 30
25days notice of the use of a new automated speed enforcement
26system prior to the issuance of any citations through the

 

 

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1automated speed enforcement system.
2    (n) The compensation paid for an automated speed
3enforcement system must be based on the value of the equipment
4or the services provided and may not be based on the number of
5traffic citations issued or the revenue generated by the
6system.
7    (o) A municipality shall make a certified report to the
8Secretary of State pursuant to Section 6-306.5 of this Code
9whenever a registered owner of a vehicle has failed to pay any
10fine or penalty due and owing as a result of a combination of 5
11offenses for automated speed or traffic law enforcement system
12violations.
13    (p) No person who is the lessor of a motor vehicle pursuant
14to a written lease agreement shall be liable for an automated
15speed or traffic law enforcement system violation involving
16such motor vehicle during the period of the lease; provided
17that upon the request of the appropriate authority received
18within 120 days after the violation occurred, the lessor
19provides within 60 days after such receipt the name and address
20of the lessee. The drivers license number of a lessee may be
21subsequently individually requested by the appropriate
22authority if needed for enforcement of this Section.
23    Upon the provision of information by the lessor pursuant to
24this subsection, the municipality may issue the violation to
25the lessee of the vehicle in the same manner as it would issue
26a violation to a registered owner of a vehicle pursuant to this

 

 

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1Section, and the lessee may be held liable for the violation.
2    (q) A municipality using an automated speed enforcement
3system must provide notice to drivers by publishing the
4locations of all safety zones where system equipment is
5installed on the website of the municipality.
6    (r) A municipality operating an automated speed
7enforcement system shall conduct a statistical analysis to
8assess the safety impact of the system. The statistical
9analysis shall be based upon the best available crash, traffic,
10and other data, and shall cover a period of time before and
11after installation of the system sufficient to provide a
12statistically valid comparison of safety impact. The
13statistical analysis shall be consistent with professional
14judgment and acceptable industry practice. The statistical
15analysis also shall be consistent with the data required for
16valid comparisons of before and after conditions and shall be
17conducted within a reasonable period following the
18installation of the automated traffic law enforcement system.
19The statistical analysis required by this subsection shall be
20made available to the public and shall be published on the
21website of the municipality.
22    (s) This Section applies only to municipalities with a
23population of 1,000,000 or more inhabitants.
24(Source: P.A. 97-672, eff. 7-1-12; 97-674, eff. 7-1-12; 98-463,
25eff. 8-16-13.)
 

 

 

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1    (625 ILCS 5/11-208.9)
2    Sec. 11-208.9. Automated traffic law enforcement system;
3approaching, overtaking, and passing a school bus.
4    (a) As used in this Section, "automated traffic law
5enforcement system" means a device with one or more motor
6vehicle sensors working in conjunction with the visual signals
7on a school bus, as specified in Sections 12-803 and 12-805 of
8this Code, to produce recorded images of motor vehicles that
9fail to stop before meeting or overtaking, from either
10direction, any school bus stopped at any location for the
11purpose of receiving or discharging pupils in violation of
12Section 11-1414 of this Code or a similar provision of a local
13ordinance.
14    An automated traffic law enforcement system is a system, in
15a municipality or county operated by a governmental agency,
16that produces a recorded image of a motor vehicle's violation
17of a provision of this Code or a local ordinance and is
18designed to obtain a clear recorded image of the vehicle and
19the vehicle's license plate. The recorded image must also
20display the time, date, and location of the violation.
21    (b) As used in this Section, "recorded images" means images
22recorded by an automated traffic law enforcement system on:
23        (1) 2 or more photographs;
24        (2) 2 or more microphotographs;
25        (3) 2 or more electronic images; or
26        (4) a video recording showing the motor vehicle and, on

 

 

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1    at least one image or portion of the recording, clearly
2    identifying the registration plate or digital registration
3    plate number of the motor vehicle.
4    (c) A municipality or county that produces a recorded image
5of a motor vehicle's violation of a provision of this Code or a
6local ordinance must make the recorded images of a violation
7accessible to the alleged violator by providing the alleged
8violator with a website address, accessible through the
9Internet.
10    (d) For each violation of a provision of this Code or a
11local ordinance recorded by an automated traffic law
12enforcement system, the county or municipality having
13jurisdiction shall issue a written notice of the violation to
14the registered owner of the vehicle as the alleged violator.
15The notice shall be delivered to the registered owner of the
16vehicle, by mail, within 30 days after the Secretary of State
17notifies the municipality or county of the identity of the
18owner of the vehicle, but in no event later than 90 days after
19the violation.
20    (e) The notice required under subsection (d) shall include:
21        (1) the name and address of the registered owner of the
22    vehicle;
23        (2) the registration number of the motor vehicle
24    involved in the violation;
25        (3) the violation charged;
26        (4) the location where the violation occurred;

 

 

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1        (5) the date and time of the violation;
2        (6) a copy of the recorded images;
3        (7) the amount of the civil penalty imposed and the
4    date by which the civil penalty should be paid;
5        (8) a statement that recorded images are evidence of a
6    violation of overtaking or passing a school bus stopped for
7    the purpose of receiving or discharging pupils;
8        (9) a warning that failure to pay the civil penalty or
9    to contest liability in a timely manner is an admission of
10    liability and may result in a suspension of the driving
11    privileges of the registered owner of the vehicle;
12        (10) a statement that the person may elect to proceed
13    by:
14            (A) paying the fine; or
15            (B) challenging the charge in court, by mail, or by
16        administrative hearing; and
17        (11) a website address, accessible through the
18    Internet, where the person may view the recorded images of
19    the violation.
20    (f) If a person charged with a traffic violation, as a
21result of an automated traffic law enforcement system under
22this Section, does not pay the fine or successfully contest the
23civil penalty resulting from that violation, the Secretary of
24State shall suspend the driving privileges of the registered
25owner of the vehicle under Section 6-306.5 of this Code for
26failing to pay any fine or penalty due and owing as a result of

 

 

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1a combination of 5 violations of the automated traffic law
2enforcement system or the automated speed enforcement system
3under Section 11-208.8 of this Code.
4    (g) Based on inspection of recorded images produced by an
5automated traffic law enforcement system, a notice alleging
6that the violation occurred shall be evidence of the facts
7contained in the notice and admissible in any proceeding
8alleging a violation under this Section.
9    (h) Recorded images made by an automated traffic law
10enforcement system are confidential and shall be made available
11only to the alleged violator and governmental and law
12enforcement agencies for purposes of adjudicating a violation
13of this Section, for statistical purposes, or for other
14governmental purposes. Any recorded image evidencing a
15violation of this Section, however, may be admissible in any
16proceeding resulting from the issuance of the citation.
17    (i) The court or hearing officer may consider in defense of
18a violation:
19        (1) that the motor vehicle or registration plates or
20    digital registration plates of the motor vehicle were
21    stolen before the violation occurred and not under the
22    control of or in the possession of the owner at the time of
23    the violation;
24        (2) that the driver of the motor vehicle received a
25    Uniform Traffic Citation from a police officer for a
26    violation of Section 11-1414 of this Code within one-eighth

 

 

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1    of a mile and 15 minutes of the violation that was recorded
2    by the system;
3        (3) that the visual signals required by Sections 12-803
4    and 12-805 of this Code were damaged, not activated, not
5    present in violation of Sections 12-803 and 12-805, or
6    inoperable; and
7        (4) any other evidence or issues provided by municipal
8    or county ordinance.
9    (j) To demonstrate that the motor vehicle or the
10registration plates or digital registration plates were stolen
11before the violation occurred and were not under the control or
12possession of the owner at the time of the violation, the owner
13must submit proof that a report concerning the stolen motor
14vehicle or registration plates was filed with a law enforcement
15agency in a timely manner.
16    (k) Unless the driver of the motor vehicle received a
17Uniform Traffic Citation from a police officer at the time of
18the violation, the motor vehicle owner is subject to a civil
19penalty not exceeding $150 for a first time violation or $500
20for a second or subsequent violation, plus an additional
21penalty of not more than $100 for failure to pay the original
22penalty in a timely manner, if the motor vehicle is recorded by
23an automated traffic law enforcement system. A violation for
24which a civil penalty is imposed under this Section is not a
25violation of a traffic regulation governing the movement of
26vehicles and may not be recorded on the driving record of the

 

 

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1owner of the vehicle, but may be recorded by the municipality
2or county for the purpose of determining if a person is subject
3to the higher fine for a second or subsequent offense.
4    (l) A school bus equipped with an automated traffic law
5enforcement system must be posted with a sign indicating that
6the school bus is being monitored by an automated traffic law
7enforcement system.
8    (m) A municipality or county that has one or more school
9buses equipped with an automated traffic law enforcement system
10must provide notice to drivers by posting a list of school
11districts using school buses equipped with an automated traffic
12law enforcement system on the municipality or county website.
13School districts that have one or more school buses equipped
14with an automated traffic law enforcement system must provide
15notice to drivers by posting that information on their
16websites.
17    (n) A municipality or county operating an automated traffic
18law enforcement system shall conduct a statistical analysis to
19assess the safety impact in each school district using school
20buses equipped with an automated traffic law enforcement system
21following installation of the system. The statistical analysis
22shall be based upon the best available crash, traffic, and
23other data, and shall cover a period of time before and after
24installation of the system sufficient to provide a
25statistically valid comparison of safety impact. The
26statistical analysis shall be consistent with professional

 

 

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1judgment and acceptable industry practice. The statistical
2analysis also shall be consistent with the data required for
3valid comparisons of before and after conditions and shall be
4conducted within a reasonable period following the
5installation of the automated traffic law enforcement system.
6The statistical analysis required by this subsection shall be
7made available to the public and shall be published on the
8website of the municipality or county. If the statistical
9analysis for the 36-month period following installation of the
10system indicates that there has been an increase in the rate of
11accidents at the approach to school buses monitored by the
12system, the municipality or county shall undertake additional
13studies to determine the cause and severity of the accidents,
14and may take any action that it determines is necessary or
15appropriate to reduce the number or severity of the accidents
16involving school buses equipped with an automated traffic law
17enforcement system.
18    (o) The compensation paid for an automated traffic law
19enforcement system must be based on the value of the equipment
20or the services provided and may not be based on the number of
21traffic citations issued or the revenue generated by the
22system.
23    (p) No person who is the lessor of a motor vehicle pursuant
24to a written lease agreement shall be liable for an automated
25speed or traffic law enforcement system violation involving
26such motor vehicle during the period of the lease; provided

 

 

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1that upon the request of the appropriate authority received
2within 120 days after the violation occurred, the lessor
3provides within 60 days after such receipt the name and address
4of the lessee. The drivers license number of a lessee may be
5subsequently individually requested by the appropriate
6authority if needed for enforcement of this Section.
7    Upon the provision of information by the lessor pursuant to
8this subsection, the county or municipality may issue the
9violation to the lessee of the vehicle in the same manner as it
10would issue a violation to a registered owner of a vehicle
11pursuant to this Section, and the lessee may be held liable for
12the violation.
13    (q) A municipality or county shall make a certified report
14to the Secretary of State pursuant to Section 6-306.5 of this
15Code whenever a registered owner of a vehicle has failed to pay
16any fine or penalty due and owing as a result of a combination
17of 5 offenses for automated traffic law or speed enforcement
18system violations.
19    (r) After a municipality or county enacts an ordinance
20providing for automated traffic law enforcement systems under
21this Section, each school district within that municipality or
22county's jurisdiction may implement an automated traffic law
23enforcement system under this Section. The elected school board
24for that district must approve the implementation of an
25automated traffic law enforcement system. The school district
26shall be responsible for entering into a contract, approved by

 

 

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1the elected school board of that district, with vendors for the
2installation, maintenance, and operation of the automated
3traffic law enforcement system. The school district must enter
4into an intergovernmental agreement, approved by the elected
5school board of that district, with the municipality or county
6with jurisdiction over that school district for the
7administration of the automated traffic law enforcement
8system. The proceeds from a school district's automated traffic
9law enforcement system's fines shall be divided equally between
10the school district and the municipality or county
11administering the automated traffic law enforcement system.
12(Source: P.A. 98-556, eff. 1-1-14.)
 
13    (625 ILCS 5/11-1201.1)
14    Sec. 11-1201.1. Automated Railroad Crossing Enforcement
15System.
16    (a) For the purposes of this Section, an automated railroad
17grade crossing enforcement system is a system in a municipality
18or county operated by a governmental agency that produces a
19recorded image of a motor vehicle's violation of a provision of
20this Code or local ordinance and is designed to obtain a clear
21recorded image of the vehicle and vehicle's license plate. The
22recorded image must also display the time, date, and location
23of the violation.
24    As used in this Section, "recorded images" means images
25recorded by an automated railroad grade crossing enforcement

 

 

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1system on:
2        (1) 2 or more photographs;
3        (2) 2 or more microphotographs;
4        (3) 2 or more electronic images; or
5        (4) a video recording showing the motor vehicle and, on
6    at least one image or portion of the recording, clearly
7    identifying the registration plate or digital registration
8    plate number of the motor vehicle.
9    (b) The Illinois Commerce Commission may, in cooperation
10with a local law enforcement agency, establish in any county or
11municipality an automated railroad grade crossing enforcement
12system at any railroad grade crossing equipped with a crossing
13gate designated by local authorities. Local authorities
14desiring the establishment of an automated railroad crossing
15enforcement system must initiate the process by enacting a
16local ordinance requesting the creation of such a system. After
17the ordinance has been enacted, and before any additional steps
18toward the establishment of the system are undertaken, the
19local authorities and the Commission must agree to a plan for
20obtaining, from any combination of federal, State, and local
21funding sources, the moneys required for the purchase and
22installation of any necessary equipment.
23    (b-1) (Blank.)
24    (c) For each violation of Section 11-1201 of this Code or a
25local ordinance recorded by an automated railroad grade
26crossing enforcement system, the county or municipality having

 

 

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1jurisdiction shall issue a written notice of the violation to
2the registered owner of the vehicle as the alleged violator.
3The notice shall be delivered to the registered owner of the
4vehicle, by mail, no later than 90 days after the violation.
5    The notice shall include:
6        (1) the name and address of the registered owner of the
7    vehicle;
8        (2) the registration number of the motor vehicle
9    involved in the violation;
10        (3) the violation charged;
11        (4) the location where the violation occurred;
12        (5) the date and time of the violation;
13        (6) a copy of the recorded images;
14        (7) the amount of the civil penalty imposed and the
15    date by which the civil penalty should be paid;
16        (8) a statement that recorded images are evidence of a
17    violation of a railroad grade crossing;
18        (9) a warning that failure to pay the civil penalty or
19    to contest liability in a timely manner is an admission of
20    liability and may result in a suspension of the driving
21    privileges of the registered owner of the vehicle; and
22        (10) a statement that the person may elect to proceed
23    by:
24            (A) paying the fine; or
25            (B) challenging the charge in court, by mail, or by
26        administrative hearing.

 

 

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1    (d) If a person charged with a traffic violation, as a
2result of an automated railroad grade crossing enforcement
3system, does not pay or successfully contest the civil penalty
4resulting from that violation, the Secretary of State shall
5suspend the driving privileges of the registered owner of the
6vehicle under Section 6-306.5 of this Code for failing to pay
7any fine or penalty due and owing as a result of 5 violations
8of the automated railroad grade crossing enforcement system.
9    (d-1) (Blank.)
10    (d-2) (Blank.)
11    (e) Based on inspection of recorded images produced by an
12automated railroad grade crossing enforcement system, a notice
13alleging that the violation occurred shall be evidence of the
14facts contained in the notice and admissible in any proceeding
15alleging a violation under this Section.
16    (e-1) Recorded images made by an automated railroad grade
17crossing enforcement system are confidential and shall be made
18available only to the alleged violator and governmental and law
19enforcement agencies for purposes of adjudicating a violation
20of this Section, for statistical purposes, or for other
21governmental purposes. Any recorded image evidencing a
22violation of this Section, however, may be admissible in any
23proceeding resulting from the issuance of the citation.
24    (e-2) The court or hearing officer may consider the
25following in the defense of a violation:
26        (1) that the motor vehicle or registration plates or

 

 

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1    digital registration plates of the motor vehicle were
2    stolen before the violation occurred and not under the
3    control of or in the possession of the owner at the time of
4    the violation;
5        (2) that the driver of the motor vehicle received a
6    Uniform Traffic Citation from a police officer at the time
7    of the violation for the same offense;
8        (3) any other evidence or issues provided by municipal
9    or county ordinance.
10    (e-3) To demonstrate that the motor vehicle or the
11registration plates or digital registration plates were stolen
12before the violation occurred and were not under the control or
13possession of the owner at the time of the violation, the owner
14must submit proof that a report concerning the stolen motor
15vehicle or registration plates was filed with a law enforcement
16agency in a timely manner.
17    (f) Rail crossings equipped with an automatic railroad
18grade crossing enforcement system shall be posted with a sign
19visible to approaching traffic stating that the railroad grade
20crossing is being monitored, that citations will be issued, and
21the amount of the fine for violation.
22    (g) The compensation paid for an automated railroad grade
23crossing enforcement system must be based on the value of the
24equipment or the services provided and may not be based on the
25number of citations issued or the revenue generated by the
26system.

 

 

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1    (h) (Blank.)
2    (i) If any part or parts of this Section are held by a
3court of competent jurisdiction to be unconstitutional, the
4unconstitutionality shall not affect the validity of the
5remaining parts of this Section. The General Assembly hereby
6declares that it would have passed the remaining parts of this
7Section if it had known that the other part or parts of this
8Section would be declared unconstitutional.
9    (j) Penalty. A civil fine of $250 shall be imposed for a
10first violation of this Section, and a civil fine of $500 shall
11be imposed for a second or subsequent violation of this
12Section.
13(Source: P.A. 96-478, eff. 1-1-10.)
 
14    (625 ILCS 5/11-1301.1)  (from Ch. 95 1/2, par. 11-1301.1)
15    Sec. 11-1301.1. Persons with disabilities - Parking
16privileges - Exemptions.
17    (a) A motor vehicle bearing registration plates or digital
18registration plates issued to a person with disabilities, as
19defined by Section 1-159.1, pursuant to Section 3-616 or to a
20veteran with a disability pursuant to subsection (a) of Section
213-609 or a special decal or device issued pursuant to Section
223-616 or pursuant to Section 11-1301.2 of this Code or a motor
23vehicle registered in another jurisdiction, state, district,
24territory or foreign country upon which is displayed a
25registration plate or digital registration plate, special

 

 

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1decal or device issued by the other jurisdiction designating
2the vehicle is operated by or for a person with disabilities
3shall be exempt from the payment of parking meter fees until
4January 1, 2014, and exempt from any statute or ordinance
5imposing time limitations on parking, except limitations of
6one-half hour or less, on any street or highway zone, a parking
7area subject to regulation under subsection (a) of Section
811-209 of this Code, or any parking lot or parking place which
9are owned, leased or owned and leased by a municipality or a
10municipal parking utility; and shall be recognized by state and
11local authorities as a valid license plate or parking device
12and shall receive the same parking privileges as residents of
13this State; but, such vehicle shall be subject to the laws
14which prohibit parking in "no stopping" and "no standing" zones
15in front of or near fire hydrants, driveways, public building
16entrances and exits, bus stops and loading areas, and is
17prohibited from parking where the motor vehicle constitutes a
18traffic hazard, whereby such motor vehicle shall be moved at
19the instruction and request of a law enforcement officer to a
20location designated by the officer.
21    (b) Any motor vehicle bearing registration plates or
22digital registration plates or a special decal or device
23specified in this Section or in Section 3-616 of this Code or
24such parking device as specifically authorized in Section
2511-1301.2 as evidence that the vehicle is operated by or for a
26person with disabilities or bearing registration plates or

 

 

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1digital registration plates issued to a veteran with a
2disability under subsection (a) of Section 3-609 may park, in
3addition to any other lawful place, in any parking place
4specifically reserved for such vehicles by the posting of an
5official sign as provided under Section 11-301. Parking
6privileges granted by this Section are strictly limited to the
7person to whom the special registration plates or digital
8registration plates, special decal or device were issued and to
9qualified operators acting under his or her express direction
10while the person with disabilities is present. A person to whom
11privileges were granted shall, at the request of a police
12officer or any other person invested by law with authority to
13direct, control, or regulate traffic, present an
14identification card with a picture as verification that the
15person is the person to whom the special registration plates or
16digital registration plates, special decal or device was
17issued.
18    (c) Such parking privileges granted by this Section are
19also extended to motor vehicles of not-for-profit
20organizations used for the transportation of persons with
21disabilities when such motor vehicles display the decal or
22device issued pursuant to Section 11-1301.2 of this Code.
23    (d) No person shall use any area for the parking of any
24motor vehicle pursuant to Section 11-1303 of this Code or where
25an official sign controlling such area expressly prohibits
26parking at any time or during certain hours.

 

 

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1    (e) Beginning January 1, 2014, a vehicle displaying a decal
2or device issued under subsection (c-5) of Section 11-1301.2 of
3this Code shall be exempt from the payment of fees generated by
4parking in a metered space or in a publicly owned parking area.
5(Source: P.A. 98-463, eff. 8-16-13; 98-577, eff. 1-1-14;
699-143, eff. 7-27-15.)
 
7    (625 ILCS 5/11-1301.2)  (from Ch. 95 1/2, par. 11-1301.2)
8    Sec. 11-1301.2. Special decals for parking; persons with
9disabilities.
10    (a) The Secretary of State shall provide for, by
11administrative rules, the design, size, color, and placement of
12a person with disabilities motorist decal or device and shall
13provide for, by administrative rules, the content and form of
14an application for a person with disabilities motorist decal or
15device, which shall be used by local authorities in the
16issuance thereof to a person with temporary disabilities,
17provided that the decal or device is valid for no more than 90
18days, subject to renewal for like periods based upon continued
19disability, and further provided that the decal or device
20clearly sets forth the date that the decal or device expires.
21The application shall include the requirement of an Illinois
22Identification Card number or a State of Illinois driver's
23license number or, if the applicant does not have an
24identification card or driver's license number, then the
25applicant may use a valid identification number issued by a

 

 

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1branch of the U.S. military or a federally issued Medicare or
2Medicaid identification number. This decal or device may be
3used by the authorized holder to designate and identify a
4vehicle not owned or displaying a registration plate or digital
5registration plate as provided in Sections 3-609 and 3-616 of
6this Act to designate when the vehicle is being used to
7transport said person or persons with disabilities, and thus is
8entitled to enjoy all the privileges that would be afforded a
9person with disabilities licensed vehicle. Person with
10disabilities decals or devices issued and displayed pursuant to
11this Section shall be recognized and honored by all local
12authorities regardless of which local authority issued such
13decal or device.
14    The decal or device shall be issued only upon a showing by
15adequate documentation that the person for whose benefit the
16decal or device is to be used has a disability as defined in
17Section 1-159.1 of this Code and the disability is temporary.
18    (b) The local governing authorities shall be responsible
19for the provision of such decal or device, its issuance and
20designated placement within the vehicle. The cost of such decal
21or device shall be at the discretion of such local governing
22authority.
23    (c) The Secretary of State may, pursuant to Section
243-616(c), issue a person with disabilities parking decal or
25device to a person with disabilities as defined by Section
261-159.1. Any person with disabilities parking decal or device

 

 

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1issued by the Secretary of State shall be registered to that
2person with disabilities in the form to be prescribed by the
3Secretary of State. The person with disabilities parking decal
4or device shall not display that person's address. One
5additional decal or device may be issued to an applicant upon
6his or her written request and with the approval of the
7Secretary of State. The written request must include a
8justification of the need for the additional decal or device.
9    (c-5) Beginning January 1, 2014, the Secretary shall
10provide by administrative rule for the issuance of a separate
11and distinct parking decal or device for persons with
12disabilities as defined by Section 1-159.1 of this Code and who
13meet the qualifications under this subsection. The authorized
14holder of a decal or device issued under this subsection (c-5)
15shall be exempt from the payment of fees generated by parking
16in a metered space, a parking area subject to paragraph (10) of
17subsection (a) of Section 11-209 of this Code, or a publicly
18owned parking area.
19    The Secretary shall issue a meter-exempt decal or device to
20a person with disabilities who: (i) has been issued
21registration plates or digital registration plates under
22subsection (a) of Section 3-609 or Section 3-616 of this Code
23or a special decal or device under this Section, (ii) holds a
24valid Illinois driver's license, and (iii) is unable to do one
25or more of the following:
26        (1) manage, manipulate, or insert coins, or obtain

 

 

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1    tickets or tokens in parking meters or ticket machines in
2    parking lots, due to the lack of fine motor control of both
3    hands;
4        (2) reach above his or her head to a height of 42
5    inches from the ground, due to a lack of finger, hand, or
6    upper extremity strength or mobility;
7        (3) approach a parking meter due to his or her use of a
8    wheelchair or other device for mobility; or
9        (4) walk more than 20 feet due to an orthopedic,
10    neurological, cardiovascular, or lung condition in which
11    the degree of debilitation is so severe that it almost
12    completely impedes the ability to walk.
13    The application for a meter-exempt parking decal or device
14shall contain a statement certified by a licensed physician,
15physician assistant, or advanced practice registered nurse
16attesting to the permanent nature of the applicant's condition
17and verifying that the applicant meets the physical
18qualifications specified in this subsection (c-5).
19    Notwithstanding the requirements of this subsection (c-5),
20the Secretary shall issue a meter-exempt decal or device to a
21person who has been issued registration plates or digital
22registration plates under Section 3-616 of this Code or a
23special decal or device under this Section, if the applicant is
24the parent or guardian of a person with disabilities who is
25under 18 years of age and incapable of driving.
26    (d) Replacement decals or devices may be issued for lost,

 

 

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1stolen, or destroyed decals upon application and payment of a
2$10 fee. The replacement fee may be waived for individuals that
3have claimed and received a grant under the Senior Citizens and
4Persons with Disabilities Property Tax Relief Act.
5    (e) A person classified as a veteran under subsection (e)
6of Section 6-106 of this Code that has been issued a decal or
7device under this Section shall not be required to submit
8evidence of disability in order to renew that decal or device
9if, at the time of initial application, he or she submitted
10evidence from his or her physician or the Department of
11Veterans' Affairs that the disability is of a permanent nature.
12However, the Secretary shall take reasonable steps to ensure
13the veteran still resides in this State at the time of the
14renewal. These steps may include requiring the veteran to
15provide additional documentation or to appear at a Secretary of
16State facility. To identify veterans who are eligible for this
17exemption, the Secretary shall compare the list of the persons
18who have been issued a decal or device to the list of persons
19who have been issued a vehicle registration plate or digital
20registration plate for veterans with disabilities under
21Section 3-609 of this Code, or who are identified as a veteran
22on their driver's license under Section 6-110 of this Code or
23on their identification card under Section 4 of the Illinois
24Identification Card Act.
25(Source: P.A. 99-143, eff. 7-27-15; 100-513, eff. 1-1-18;
26100-702, eff. 1-1-19.)
 

 

 

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1    (625 ILCS 5/11-1303)  (from Ch. 95 1/2, par. 11-1303)
2    Sec. 11-1303. Stopping, standing or parking prohibited in
3specified places.
4    (a) Except when necessary to avoid conflict with other
5traffic, or in compliance with law or the directions of a
6police officer or official traffic-control device, no person
7shall:
8        1. Stop, stand or park a vehicle:
9            a. On the roadway side of any vehicle stopped or
10        parked at the edge or curb of a street;
11            b. On a sidewalk;
12            c. Within an intersection;
13            d. On a crosswalk;
14            e. Between a safety zone and the adjacent curb or
15        within 30 feet of points on the curb immediately
16        opposite the ends of a safety zone, unless a different
17        length is indicated by signs or markings;
18            f. Alongside or opposite any street excavation or
19        obstruction when stopping, standing or parking would
20        obstruct traffic;
21            g. Upon any bridge or other elevated structure upon
22        a highway or within a highway tunnel;
23            h. On any railroad tracks. A violation of any part
24        of this subparagraph h. shall result in a mandatory
25        fine of $500 or 50 hours of community service.

 

 

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1            i. At any place where official signs prohibit
2        stopping;
3            j. On any controlled-access highway;
4            k. In the area between roadways of a divided
5        highway, including crossovers;
6            l. In a public parking area if the vehicle does not
7        display a current annual registration sticker or
8        digital registration sticker or current temporary
9        permit pending registration.
10        2. Stand or park a vehicle, whether occupied or not,
11    except momentarily to pick up or discharge passengers:
12            a. In front of a public or private driveway;
13            b. Within 15 feet of a fire hydrant;
14            c. Within 20 feet of a crosswalk at an
15        intersection;
16            d. Within 30 feet upon the approach to any flashing
17        signal, stop sign, yield sign, or traffic control
18        signal located at the side of a roadway;
19            e. Within 20 feet of the driveway entrance to any
20        fire station and on the side of a street opposite the
21        entrance to any fire station within 75 feet of such
22        entrance (when properly sign-posted);
23            f. At any place where official signs prohibit
24        standing.
25        3. Park a vehicle, whether occupied or not, except
26    temporarily for the purpose of and while actually engaged

 

 

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1    in loading or unloading property or passengers:
2            a. Within 50 feet of the nearest rail of a railroad
3        crossing;
4            b. At any place where official signs prohibit
5        parking.
6    (b) No person shall move a vehicle not lawfully under his
7control into any such prohibited area or away from a curb such
8distance as is unlawful.
9(Source: P.A. 89-245, eff. 1-1-96; 89-658, eff. 1-1-97.)
 
10    (625 ILCS 5/11-1304.5)
11    Sec. 11-1304.5. Parking of vehicle with expired
12registration. No person may stop, park, or leave standing upon
13a public street, highway, or roadway a vehicle upon which is
14displayed an Illinois registration plate or plates or digital
15registration plate or plates or registration sticker or digital
16registration sticker after the termination of the registration
17period, except as provided for in subsection (b) of Section
183-701 of this Code, for which the registration plate or plates
19or digital registration plate or plates or registration sticker
20or digital registration sticker was issued or after the
21expiration date set under Section 3-414 or 3-414.1 of this
22Code.
23(Source: P.A. 99-166, eff. 7-28-15.)
 
24    (625 ILCS 5/11-1305)  (from Ch. 95 1/2, par. 11-1305)

 

 

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1    Sec. 11-1305. Lessors of visitor vehicles - Duty upon
2receiving notice of violation of this Article or local parking
3regulation. Every person in whose name a vehicle is registered
4pursuant to law and who leases such vehicle to others, after
5receiving written notice of a violation of this Article or a
6parking regulation of a local authority involving such vehicle,
7shall upon request provide such police officers as have
8authority of the offense, and the court having jurisdiction
9thereof, with a written statement of the name and address of
10the lessee at the time of such offense and the identifying
11number upon the registration plates or digital registration
12plates and registration sticker or stickers or digital
13registration sticker or stickers of such vehicle.
14(Source: P.A. 80-230; 80-911; 80-1185.)
 
15    (625 ILCS 5/12-610)  (from Ch. 95 1/2, par. 12-610)
16    Sec. 12-610. Headset receivers.
17    (a) Except as provided under Section 11-1403.3, no driver
18of a motor vehicle on the highways of this State shall wear
19headset receivers while driving.
20    (b) This Section does not prohibit the use of a headset
21type receiving equipment used exclusively for safety or traffic
22engineering studies, by law enforcement personnel on duty, or
23emergency medical services and fire service personnel.
24    (c) This Section does not prohibit the use of any single
25sided headset type receiving and transmitting equipment

 

 

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1designed to be used in or on one ear which is used exclusively
2for providing two-way radio vocal communications by an
3individual in possession of a current and valid novice class or
4higher amateur radio license issued by the Federal
5Communications Commission and an amateur radio operator
6special registration plate or digital registration plate
7issued under Section 3-607 of this Code.
8    (d) This Section does not prohibit the use of a
9single-sided headset or earpiece with a cellular or other
10mobile telephone.
11(Source: P.A. 92-152, eff. 7-25-01.)
 
12    (625 ILCS 5/13-101)  (from Ch. 95 1/2, par. 13-101)
13    Sec. 13-101. Submission to safety test; certificate of
14safety. To promote the safety of the general public, every
15owner of a second division vehicle, medical transport vehicle,
16tow truck, first division vehicle including a taxi which is
17used for a purpose that requires a school bus driver permit,
18motor vehicle used for driver education training, or contract
19carrier transporting employees in the course of their
20employment on a highway of this State in a vehicle designed to
21carry 15 or fewer passengers shall, before operating the
22vehicle upon the highways of Illinois, submit it to a "safety
23test" and secure a certificate of safety furnished by the
24Department as set forth in Section 13-109. Each second division
25motor vehicle that pulls or draws a trailer, semitrailer or

 

 

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1pole trailer, with a gross weight of 10,001 lbs or more or is
2registered for a gross weight of 10,001 lbs or more, motor bus,
3religious organization bus, school bus, senior citizen
4transportation vehicle, and limousine shall be subject to
5inspection by the Department and the Department is authorized
6to establish rules and regulations for the implementation of
7such inspections.
8    The owners of each salvage vehicle shall submit it to a
9"safety test" and secure a certificate of safety furnished by
10the Department prior to its salvage vehicle inspection pursuant
11to Section 3-308 of this Code. In implementing and enforcing
12the provisions of this Section, the Department and other
13authorized State agencies shall do so in a manner that is not
14inconsistent with any applicable federal law or regulation so
15that no federal funding or support is jeopardized by the
16enactment or application of these provisions.
17    However, none of the provisions of Chapter 13 requiring
18safety tests or a certificate of safety shall apply to:
19        (a) farm tractors, machinery and implements, wagons,
20    wagon-trailers or like farm vehicles used primarily in
21    agricultural pursuits;
22        (b) vehicles other than school buses, tow trucks and
23    medical transport vehicles owned or operated by a municipal
24    corporation or political subdivision having a population
25    of 1,000,000 or more inhabitants and which are subject to
26    safety tests imposed by local ordinance or resolution;

 

 

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1        (c) a semitrailer or trailer having a gross weight of
2    5,000 pounds or less including vehicle weight and maximum
3    load;
4        (d) recreational vehicles;
5        (e) vehicles registered as and displaying Illinois
6    antique vehicle plates and vehicles registered as
7    expanded-use antique vehicles and displaying expanded-use
8    antique vehicle plates;
9        (f) house trailers equipped and used for living
10    quarters;
11        (g) vehicles registered as and displaying Illinois
12    permanently mounted equipment plates or similar vehicles
13    eligible therefor but registered as governmental vehicles
14    provided that if said vehicle is reclassified from a
15    permanently mounted equipment plate so as to lose the
16    exemption of not requiring a certificate of safety, such
17    vehicle must be safety tested within 30 days of the
18    reclassification;
19        (h) vehicles owned or operated by a manufacturer,
20    dealer or transporter displaying a special plate or plates
21    as described in Chapter 3 of this Code while such vehicle
22    is being delivered from the manufacturing or assembly plant
23    directly to the purchasing dealership or distributor, or
24    being temporarily road driven for quality control testing,
25    or from one dealer or distributor to another, or are being
26    moved by the most direct route from one location to another

 

 

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1    for the purpose of installing special bodies or equipment,
2    or driven for purposes of demonstration by a prospective
3    buyer with the dealer or his agent present in the cab of
4    the vehicle during the demonstration;
5        (i) pole trailers and auxiliary axles;
6        (j) special mobile equipment;
7        (k) vehicles properly registered in another State
8    pursuant to law and displaying a valid registration plate
9    or digital registration plate, except vehicles of contract
10    carriers transporting employees in the course of their
11    employment on a highway of this State in a vehicle designed
12    to carry 15 or fewer passengers are only exempted to the
13    extent that the safety testing requirements applicable to
14    such vehicles in the state of registration are no less
15    stringent than the safety testing requirements applicable
16    to contract carriers that are lawfully registered in
17    Illinois;
18        (l) water-well boring apparatuses or rigs;
19        (m) any vehicle which is owned and operated by the
20    federal government and externally displays evidence of
21    such ownership; and
22        (n) second division vehicles registered for a gross
23    weight of 10,000 pounds or less, except when such second
24    division motor vehicles pull or draw a trailer,
25    semi-trailer or pole trailer having a gross weight of or
26    registered for a gross weight of more than 10,000 pounds;

 

 

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1    motor buses; religious organization buses; school buses;
2    senior citizen transportation vehicles; medical transport
3    vehicles; tow trucks; and any property carrying vehicles
4    being operated in commerce that are registered for a gross
5    weight of more than 8,000 lbs but less than 10,001 lbs.
6    The safety test shall include the testing and inspection of
7brakes, lights, horns, reflectors, rear vision mirrors,
8mufflers, safety chains, windshields and windshield wipers,
9warning flags and flares, frame, axle, cab and body, or cab or
10body, wheels, steering apparatus, and other safety devices and
11appliances required by this Code and such other safety tests as
12the Department may by rule or regulation require, for second
13division vehicles, school buses, medical transport vehicles,
14tow trucks, first division vehicles including taxis which are
15used for a purpose that requires a school bus driver permit,
16motor vehicles used for driver education training, vehicles
17designed to carry 15 or fewer passengers operated by a contract
18carrier transporting employees in the course of their
19employment on a highway of this State, trailers, and
20semitrailers subject to inspection.
21    For tow trucks, the safety test and inspection shall also
22include the inspection of winch mountings, body panels, body
23mounts, wheel lift swivel points, and sling straps, and other
24tests and inspections the Department by rule requires for tow
25trucks.
26    For driver education vehicles used by public high schools,

 

 

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1the vehicle must also be equipped with dual control brakes, a
2mirror on each side of the vehicle so located as to reflect to
3the driver a view of the highway for a distance of at least 200
4feet to the rear, and a sign visible from the front and the
5rear identifying the vehicle as a driver education car.
6    For trucks, truck tractors, trailers, semi-trailers,
7buses, and first division vehicles including taxis which are
8used for a purpose that requires a school bus driver permit,
9the safety test shall be conducted in accordance with the
10Minimum Periodic Inspection Standards promulgated by the
11Federal Highway Administration of the U.S. Department of
12Transportation and contained in Appendix G to Subchapter B of
13Chapter III of Title 49 of the Code of Federal Regulations.
14Those standards, as now in effect, are made a part of this
15Code, in the same manner as though they were set out in full in
16this Code.
17    The passing of the safety test shall not be a bar at any
18time to prosecution for operating a second division vehicle,
19medical transport vehicle, motor vehicle used for driver
20education training, or vehicle designed to carry 15 or fewer
21passengers operated by a contract carrier as provided in this
22Section that is unsafe, as determined by the standards
23prescribed in this Code.
24(Source: P.A. 100-956, eff. 1-1-19.)
 
25    (625 ILCS 5/13C-55)

 

 

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1    Sec. 13C-55. Enforcement.
2    (a) Computer-Matched Enforcement.
3        (1) The provisions of this subsection (a) are operative
4    until the implementation of the registration denial
5    enforcement mechanism required by subsection (b). The
6    Agency shall cooperate in the enforcement of this Chapter
7    by (i) identifying probable violations through computer
8    matching of vehicle registration records and inspection
9    records; (ii) sending one notice to each suspected violator
10    identified through such matching, stating that
11    registration and inspection records indicate that the
12    vehicle owner has not complied with this Chapter; (iii)
13    directing the vehicle owner to notify the Agency or the
14    Secretary of State if he or she has ceased to own the
15    vehicle or has changed residence; and (iv) advising the
16    vehicle owner of the consequences of violating this
17    Chapter.
18        The Agency shall cooperate with the Secretary of State
19    in the administration of this Chapter and the related
20    provisions of Chapter 3, and shall provide the Secretary of
21    State with such information as the Secretary of State may
22    deem necessary for these purposes, including regular and
23    timely access to vehicle inspection records.
24        The Secretary of State shall cooperate with the Agency
25    in the administration of this Chapter and shall provide the
26    Agency with such information as the Agency may deem

 

 

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1    necessary for the purposes of this Chapter, including
2    regular and timely access to vehicle registration records.
3    Section 2-123 of this Code does not apply to the provision
4    of this information.
5        (2) The Secretary of State shall suspend either the
6    driving privileges or the vehicle registration, or both, of
7    any vehicle owner who has not complied with this Chapter,
8    if (i) the vehicle owner has failed to satisfactorily
9    respond to the one notice sent by the Agency under
10    paragraph (a)(1), and (ii) the Secretary of State has
11    mailed the vehicle owner a notice that the suspension will
12    be imposed if the owner does not comply within a stated
13    period, and the Secretary of State has not received
14    satisfactory evidence of compliance within that period.
15    The Secretary of State shall send this notice only after
16    receiving a statement from the Agency that the vehicle
17    owner has failed to comply with this Section. Notice shall
18    be effective as specified in subsection (c) of Section
19    6-211 of this Code.
20        A suspension under this paragraph (a)(2) shall not be
21    terminated until satisfactory proof of compliance has been
22    submitted to the Secretary of State. No driver's license or
23    permit, or renewal of a license or permit, may be issued to
24    a person whose driving privileges have been suspended under
25    this Section until the suspension has been terminated. No
26    vehicle registration or registration plate or digital

 

 

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1    registration plate that has been suspended under this
2    Section may be reinstated or renewed, or transferred by the
3    owner to any other vehicle, until the suspension has been
4    terminated.
5    (b) Registration Denial Enforcement.
6        (1) No later than January 1, 2008, and consistent with
7    Title 40, Part 51, Section 51.361 of the Code of Federal
8    Regulations, the Agency and the Secretary of State shall
9    design, implement, maintain, and operate a registration
10    denial enforcement mechanism to ensure compliance with the
11    provisions of this Chapter, and cooperate with other State
12    and local governmental entities to effectuate its
13    provisions. Specifically, this enforcement mechanism shall
14    contain, at a minimum, the following elements:
15            (A) An external, readily visible means of
16        determining vehicle compliance with the registration
17        requirement to facilitate enforcement of the program;
18            (B) A biennial schedule of testing that clearly
19        determines when a vehicle shall comply prior to
20        registration;
21            (C) A testing certification mechanism (either
22        paper-based or electronic) that shall be used for
23        registration purposes and clearly states whether the
24        certification is valid for purposes of registration,
25        including:
26                (i) Expiration date of the certificate;

 

 

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1                (ii) Unambiguous vehicle identification
2            information; and
3                (iii) Whether the vehicle passed or received a
4            waiver;
5            (D) A commitment to routinely issue citations to
6        motorists with expired or missing license plates, with
7        either no registration or an expired registration, and
8        with no license plate decals or expired decals, and
9        provide for enforcement officials other than police to
10        issue citations (e.g., parking meter attendants) to
11        parked vehicles in noncompliance;
12            (E) A commitment to structure the penalty system to
13        deter noncompliance with the registration requirement
14        through the use of mandatory minimum fines (meaning
15        civil, monetary penalties) constituting a meaningful
16        deterrent and through a requirement that compliance be
17        demonstrated before a case can be closed;
18            (F) Ensurance that evidence of testing is
19        available and checked for validity at the time of a new
20        registration of a used vehicle or registration
21        renewal;
22            (G) Prevention of owners or lessors from avoiding
23        testing through manipulation of the title or
24        registration system; title transfers may re-start the
25        clock on the inspection cycle only if proof of current
26        compliance is required at title transfer;

 

 

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1            (H) Prevention of the fraudulent initial
2        classification or reclassification of a vehicle from
3        subject to non-subject or exempt by requiring proof of
4        address changes prior to registration record
5        modification, and documentation from the testing
6        program (or delegate) certifying based on a physical
7        inspection that the vehicle is exempt;
8            (I) Limiting and tracking of the use of time
9        extensions of the registration requirement to prevent
10        repeated extensions;
11            (J) Providing for meaningful penalties for cases
12        of registration fraud;
13            (K) Limiting and tracking exemptions to prevent
14        abuse of the exemption policy for vehicles claimed to
15        be out-of-state; and
16            (L) Encouraging enforcement of vehicle
17        registration transfer requirements when vehicle owners
18        move into the affected counties by coordinating with
19        local and State enforcement agencies and structuring
20        other activities (e.g., driver's license issuance) to
21        effect registration transfers.
22        (2) The Agency shall cooperate in the enforcement of
23    this Chapter by providing the owner or owners of complying
24    vehicles with a Compliance Certificate stating that the
25    vehicle meets all applicable requirements of this Chapter.
26        The Agency shall cooperate with the Secretary of State

 

 

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1    in the administration of this Chapter and the related
2    provisions of Chapter 3, and shall provide the Secretary of
3    State with such information as the Secretary of State may
4    deem necessary for these purposes, including regular and
5    timely access to vehicle inspection records.
6        The Secretary of State shall cooperate with the Agency
7    in the administration of this Chapter and shall provide the
8    Agency with such information as the Agency may deem
9    necessary for the purposes of this Chapter, including
10    regular and timely access to vehicle registration records.
11    Section 2-123 of this Code does not apply to the provision
12    of this information.
13        (3) Consistent with the requirements of Section
14    13C-15, the Secretary of State shall not renew any vehicle
15    registration for a subject vehicle that has not complied
16    with this Chapter. Additionally, the Secretary of State
17    shall not allow the issuance of a new registration nor
18    allow the transfer of a registration to a subject vehicle
19    that has not complied with this Chapter.
20        (4) The Secretary of State shall suspend the
21    registration of any vehicle which has permanent vehicle
22    registration plates or digital registration plates that
23    has not complied with the requirements of this Chapter. A
24    suspension under this paragraph (4) shall not be terminated
25    until satisfactory proof of compliance has been submitted
26    to the Secretary of State. No permanent vehicle

 

 

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1    registration plate or digital registration plate that has
2    been suspended under this Section may be reinstated or
3    renewed, or transferred by the owner to any other vehicle,
4    until the suspension has been terminated.
5(Source: P.A. 94-526, eff. 1-1-06; 94-848, eff. 6-9-06.)
 
6    (625 ILCS 5/20-401)  (from Ch. 95 1/2, par. 20-401)
7    Sec. 20-401. Saving provisions. The repeal of any Act by
8this Chapter shall not affect any right accrued or liability
9incurred under said repealed Act to the effective date hereof.
10    The provisions of this Act, insofar as they are the same or
11substantially the same as those of any prior Act, shall be
12construed as a continuation of said prior Act. Any license,
13permit, certificate, registration, registration plate or
14digital registration plate, registration sticker or digital
15registration sticker, bond, policy of insurance or other
16instrument or document issued or filed or any deposit made
17under any such prior Act and still in effect on the effective
18date of this Act shall, except as otherwise specifically
19provided in this Act, be deemed the equivalent of a license,
20permit, certificate, registration, registration plate or
21digital registration plate, registration sticker or digital
22registration sticker, bond, policy of insurance, or other
23instrument or document issued or filed or any deposit made
24under this Act, and shall continue in effect until its
25expiration or until suspended, revoked, cancelled or forfeited

 

 

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1under this Act.
2    Furthermore, when any section of any of the various laws or
3acts repealed by this Act is amended by an Amendatory Act of
4the 76th General Assembly, and such amended section becomes law
5prior to the effective date of this Act, then it is the intent
6of the General Assembly that the corresponding section of this
7Code and Act be construed so as to give effect to such
8amendment as if it were made a part of this Code. Should,
9however, any such Amendatory Act amend a definition of a word
10or phrase in an act repealed by this Act, and such becomes law
11prior to the effective date of this Act, it is the further
12intent of the General Assembly that the corresponding section
13of this Code specifically defining such word or phrase be
14construed so as to give effect to such amendment, and if not
15specifically defined, that the corresponding section of
16Chapter 1 of this Code be construed so as to give effect to
17such amendment. In the event that a new section is added to an
18act repealed by this Act by an Act of the 76th General
19Assembly, it is the further intent of the General Assembly that
20this Code be construed as if such were made a part of this
21Code.
22(Source: P.A. 80-230.)
 
23    Section 25. The Automated Traffic Control Systems in
24Highway Construction or Maintenance Zones Act is amended by
25changing Sections 15 and 30 as follows:
 

 

 

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1    (625 ILCS 7/15)
2    Sec. 15. Definitions. As used in this Act:
3    (a) "Automated traffic control system" means a
4photographic device, radar device, laser device, or other
5electrical or mechanical device or devices designed to record
6the speed of a vehicle and obtain a clear photograph or other
7recorded image of the vehicle, the vehicle operator, and the
8vehicle's registration plate or digital registration plate
9while the driver is violating Section 11-605.1 of the Illinois
10Vehicle Code. The photograph or other recorded image must also
11display the time, date, and location of the violation. A law
12enforcement officer is not required to be present or to witness
13the violation.
14    (b) "Construction or maintenance zone" means an area in
15which the Department of Transportation or the Illinois State
16Toll Highway Authority has determined that the preexisting
17established speed limit through a highway construction or
18maintenance project is greater than is reasonable or safe with
19respect to the conditions expected to exist in the construction
20or maintenance zone and has posted a lower speed limit with a
21highway construction or maintenance zone special speed limit
22sign in accordance with Section 11-605.1 of the Illinois
23Vehicle Code.
24    (c) "Owner" means the person or entity to whom the vehicle
25is registered.

 

 

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1(Source: P.A. 93-947, eff. 8-19-04.)
 
2    (625 ILCS 7/30)
3    Sec. 30. Requirements for issuance of a citation.
4    (a) The vehicle, vehicle operator, vehicle registration
5plate or digital registration plate, speed, date, time, and
6location must be clearly visible on the photograph or other
7recorded image of the alleged violation.
8    (b) A Uniform Traffic Citation must be mailed or otherwise
9delivered to the registered owner of the vehicle. If mailed,
10the citation must be sent via certified mail within 14 business
11days of the alleged violation, return receipt requested.
12    (c) The Uniform Traffic Citation must include:
13        (1) the name and address of the vehicle owner;
14        (2) the registration number of the vehicle;
15        (3) the offense charged;
16        (4) the time, date, and location of the violation;
17        (5) the first available court date; and
18        (6) notice that the basis of the citation is the
19    photograph or recorded image from the automated traffic
20    control system.
21    (d) The Uniform Traffic Citation issued to the violator
22must be accompanied by a written document that lists the
23violator's rights and obligations and explains how the violator
24can elect to proceed by either paying the fine or challenging
25the issuance of the Uniform Traffic Citation.

 

 

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1(Source: P.A. 93-947, eff. 8-19-04; 94-757, eff. 5-12-06;
294-814, eff. 1-1-07.)
 
3    Section 99. Effective date. This Act takes effect upon
4becoming law.

 

 

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1 INDEX
2 Statutes amended in order of appearance
3    30 ILCS 610/2from Ch. 127, par. 133e2
4    30 ILCS 610/3from Ch. 127, par. 133e3
5    55 ILCS 5/5-12006from Ch. 34, par. 5-12006
6    605 ILCS 10/27.2
7    625 ILCS 5/1-171from Ch. 95 1/2, par. 1-171
8    625 ILCS 5/1-190.1
9    625 ILCS 5/2-111from Ch. 95 1/2, par. 2-111
10    625 ILCS 5/3-400from Ch. 95 1/2, par. 3-400
11    625 ILCS 5/3-401.5 new
12    625 ILCS 5/3-402from Ch. 95 1/2, par. 3-402
13    625 ILCS 5/3-404from Ch. 95 1/2, par. 3-404
14    625 ILCS 5/3-412from Ch. 95 1/2, par. 3-412
15    625 ILCS 5/3-413from Ch. 95 1/2, par. 3-413
16    625 ILCS 5/3-414from Ch. 95 1/2, par. 3-414
17    625 ILCS 5/3-417from Ch. 95 1/2, par. 3-417
18    625 ILCS 5/3-421from Ch. 95 1/2, par. 3-421
19    625 ILCS 5/3-501.1from Ch. 95 1/2, par. 3-501.1
20    625 ILCS 5/3-600from Ch. 95 1/2, par. 3-600
21    625 ILCS 5/3-607from Ch. 95 1/2, par. 3-607
22    625 ILCS 5/3-609from Ch. 95 1/2, par. 3-609
23    625 ILCS 5/3-639
24    625 ILCS 5/3-701from Ch. 95 1/2, par. 3-701
25    625 ILCS 5/3-702from Ch. 95 1/2, par. 3-702

 

 

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1    625 ILCS 5/3-703from Ch. 95 1/2, par. 3-703
2    625 ILCS 5/3-704from Ch. 95 1/2, par. 3-704
3    625 ILCS 5/3-704.1
4    625 ILCS 5/3-706from Ch. 95 1/2, par. 3-706
5    625 ILCS 5/3-802from Ch. 95 1/2, par. 3-802
6    625 ILCS 5/3-806.3from Ch. 95 1/2, par. 3-806.3
7    625 ILCS 5/3-814.3
8    625 ILCS 5/3-814.4
9    625 ILCS 5/3-820from Ch. 95 1/2, par. 3-820
10    625 ILCS 5/3-824from Ch. 95 1/2, par. 3-824
11    625 ILCS 5/4-104from Ch. 95 1/2, par. 4-104
12    625 ILCS 5/4-105from Ch. 95 1/2, par. 4-105
13    625 ILCS 5/4-204from Ch. 95 1/2, par. 4-204
14    625 ILCS 5/5-202from Ch. 95 1/2, par. 5-202
15    625 ILCS 5/7-303from Ch. 95 1/2, par. 7-303
16    625 ILCS 5/7-402from Ch. 95 1/2, par. 7-402
17    625 ILCS 5/7-602from Ch. 95 1/2, par. 7-602
18    625 ILCS 5/8-113from Ch. 95 1/2, par. 8-113
19    625 ILCS 5/8-114from Ch. 95 1/2, par. 8-114
20    625 ILCS 5/9-109from Ch. 95 1/2, par. 9-109
21    625 ILCS 5/11-204.1from Ch. 95 1/2, par. 11-204.1
22    625 ILCS 5/11-208.6
23    625 ILCS 5/11-208.8
24    625 ILCS 5/11-208.9
25    625 ILCS 5/11-1201.1
26    625 ILCS 5/11-1301.1from Ch. 95 1/2, par. 11-1301.1

 

 

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1    625 ILCS 5/11-1301.2from Ch. 95 1/2, par. 11-1301.2
2    625 ILCS 5/11-1303from Ch. 95 1/2, par. 11-1303
3    625 ILCS 5/11-1304.5
4    625 ILCS 5/11-1305from Ch. 95 1/2, par. 11-1305
5    625 ILCS 5/12-610from Ch. 95 1/2, par. 12-610
6    625 ILCS 5/13-101from Ch. 95 1/2, par. 13-101
7    625 ILCS 5/13C-55
8    625 ILCS 5/20-401from Ch. 95 1/2, par. 20-401
9    625 ILCS 7/15
10    625 ILCS 7/30