SB1441 EngrossedLRB099 07079 RJF 27163 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 5. The Illinois Vehicle Code is amended by changing
5Sections 4-203, 6-118, 11-1431, 18a-300, and 18d-153 and by
6adding Section 4-203.5 as follows:
 
7    (625 ILCS 5/4-203)  (from Ch. 95 1/2, par. 4-203)
8    Sec. 4-203. Removal of motor vehicles or other vehicles;
9Towing or hauling away.
10    (a) When a vehicle is abandoned, or left unattended, on a
11toll highway, interstate highway, or expressway for 2 hours or
12more, its removal by a towing service may be authorized by a
13law enforcement agency having jurisdiction.
14    (b) When a vehicle is abandoned on a highway in an urban
15district 10 hours or more, its removal by a towing service may
16be authorized by a law enforcement agency having jurisdiction.
17    (c) When a vehicle is abandoned or left unattended on a
18highway other than a toll highway, interstate highway, or
19expressway, outside of an urban district for 24 hours or more,
20its removal by a towing service may be authorized by a law
21enforcement agency having jurisdiction.
22    (d) When an abandoned, unattended, wrecked, burned or
23partially dismantled vehicle is creating a traffic hazard

 

 

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1because of its position in relation to the highway or its
2physical appearance is causing the impeding of traffic, its
3immediate removal from the highway or private property adjacent
4to the highway by a towing service may be authorized by a law
5enforcement agency having jurisdiction.
6    (e) Whenever a peace officer reasonably believes that a
7person under arrest for a violation of Section 11-501 of this
8Code or a similar provision of a local ordinance is likely,
9upon release, to commit a subsequent violation of Section
1011-501, or a similar provision of a local ordinance, the
11arresting officer shall have the vehicle which the person was
12operating at the time of the arrest impounded for a period of
13not more than 12 hours after the time of arrest. However, such
14vehicle may be released by the arresting law enforcement agency
15prior to the end of the impoundment period if:
16        (1) the vehicle was not owned by the person under
17    arrest, and the lawful owner requesting such release
18    possesses a valid operator's license, proof of ownership,
19    and would not, as determined by the arresting law
20    enforcement agency, indicate a lack of ability to operate a
21    motor vehicle in a safe manner, or who would otherwise, by
22    operating such motor vehicle, be in violation of this Code;
23    or
24        (2) the vehicle is owned by the person under arrest,
25    and the person under arrest gives permission to another
26    person to operate such vehicle, provided however, that the

 

 

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1    other person possesses a valid operator's license and would
2    not, as determined by the arresting law enforcement agency,
3    indicate a lack of ability to operate a motor vehicle in a
4    safe manner or who would otherwise, by operating such motor
5    vehicle, be in violation of this Code.
6    (e-5) Whenever a registered owner of a vehicle is taken
7into custody for operating the vehicle in violation of Section
811-501 of this Code or a similar provision of a local ordinance
9or Section 6-303 of this Code, a law enforcement officer may
10have the vehicle immediately impounded for a period not less
11than:
12        (1) 24 hours for a second violation of Section 11-501
13    of this Code or a similar provision of a local ordinance or
14    Section 6-303 of this Code or a combination of these
15    offenses; or
16        (2) 48 hours for a third violation of Section 11-501 of
17    this Code or a similar provision of a local ordinance or
18    Section 6-303 of this Code or a combination of these
19    offenses.
20    The vehicle may be released sooner if the vehicle is owned
21by the person under arrest and the person under arrest gives
22permission to another person to operate the vehicle and that
23other person possesses a valid operator's license and would
24not, as determined by the arresting law enforcement agency,
25indicate a lack of ability to operate a motor vehicle in a safe
26manner or would otherwise, by operating the motor vehicle, be

 

 

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1in violation of this Code.
2    (f) Except as provided in Chapter 18a of this Code, the
3owner or lessor of privately owned real property within this
4State, or any person authorized by such owner or lessor, or any
5law enforcement agency in the case of publicly owned real
6property may cause any motor vehicle abandoned or left
7unattended upon such property without permission to be removed
8by a towing service without liability for the costs of removal,
9transportation or storage or damage caused by such removal,
10transportation or storage. The towing or removal of any vehicle
11from private property without the consent of the registered
12owner or other legally authorized person in control of the
13vehicle is subject to compliance with the following conditions
14and restrictions:
15        1. Any towed or removed vehicle must be stored at the
16    site of the towing service's place of business. The site
17    must be open during business hours, and for the purpose of
18    redemption of vehicles, during the time that the person or
19    firm towing such vehicle is open for towing purposes.
20        2. The towing service shall within 30 minutes of
21    completion of such towing or removal, notify the law
22    enforcement agency having jurisdiction of such towing or
23    removal, and the make, model, color and license plate
24    number of the vehicle, and shall obtain and record the name
25    of the person at the law enforcement agency to whom such
26    information was reported.

 

 

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1        3. If the registered owner or legally authorized person
2    entitled to possession of the vehicle shall arrive at the
3    scene prior to actual removal or towing of the vehicle, the
4    vehicle shall be disconnected from the tow truck and that
5    person shall be allowed to remove the vehicle without
6    interference, upon the payment of a reasonable service fee
7    of not more than one half the posted rate of the towing
8    service as provided in paragraph 6 of this subsection, for
9    which a receipt shall be given.
10        4. The rebate or payment of money or any other valuable
11    consideration from the towing service or its owners,
12    managers or employees to the owners or operators of the
13    premises from which the vehicles are towed or removed, for
14    the privilege of removing or towing those vehicles, is
15    prohibited. Any individual who violates this paragraph
16    shall be guilty of a Class A misdemeanor.
17        5. Except for property appurtenant to and obviously a
18    part of a single family residence, and except for instances
19    where notice is personally given to the owner or other
20    legally authorized person in control of the vehicle that
21    the area in which that vehicle is parked is reserved or
22    otherwise unavailable to unauthorized vehicles and they
23    are subject to being removed at the owner or operator's
24    expense, any property owner or lessor, prior to towing or
25    removing any vehicle from private property without the
26    consent of the owner or other legally authorized person in

 

 

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1    control of that vehicle, must post a notice meeting the
2    following requirements:
3            a. Except as otherwise provided in subparagraph
4        a.1 of this subdivision (f)5, the notice must be
5        prominently placed at each driveway access or curb cut
6        allowing vehicular access to the property within 5 feet
7        from the public right-of-way line. If there are no
8        curbs or access barriers, the sign must be posted not
9        less than one sign each 100 feet of lot frontage.
10            a.1. In a municipality with a population of less
11        than 250,000, as an alternative to the requirement of
12        subparagraph a of this subdivision (f)5, the notice for
13        a parking lot contained within property used solely for
14        a 2-family, 3-family, or 4-family residence may be
15        prominently placed at the perimeter of the parking lot,
16        in a position where the notice is visible to the
17        occupants of vehicles entering the lot.
18            b. The notice must indicate clearly, in not less
19        than 2 inch high light-reflective letters on a
20        contrasting background, that unauthorized vehicles
21        will be towed away at the owner's expense.
22            c. The notice must also provide the name and
23        current telephone number of the towing service towing
24        or removing the vehicle.
25            d. The sign structure containing the required
26        notices must be permanently installed with the bottom

 

 

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1        of the sign not less than 4 feet above ground level,
2        and must be continuously maintained on the property for
3        not less than 24 hours prior to the towing or removing
4        of any vehicle.
5        6. Any towing service that tows or removes vehicles and
6    proposes to require the owner, operator, or person in
7    control of the vehicle to pay the costs of towing and
8    storage prior to redemption of the vehicle must file and
9    keep on record with the local law enforcement agency a
10    complete copy of the current rates to be charged for such
11    services, and post at the storage site an identical rate
12    schedule and any written contracts with property owners,
13    lessors, or persons in control of property which authorize
14    them to remove vehicles as provided in this Section. The
15    towing and storage charges, however, shall not exceed the
16    maximum allowed by the Illinois Commerce Commission under
17    Section 18a-200.
18        7. No person shall engage in the removal of vehicles
19    from private property as described in this Section without
20    filing a notice of intent in each community where he
21    intends to do such removal, and such notice shall be filed
22    at least 7 days before commencing such towing.
23        8. No removal of a vehicle from private property shall
24    be done except upon express written instructions of the
25    owners or persons in charge of the private property upon
26    which the vehicle is said to be trespassing.

 

 

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1        9. Vehicle entry for the purpose of removal shall be
2    allowed with reasonable care on the part of the person or
3    firm towing the vehicle. Such person or firm shall be
4    liable for any damages occasioned to the vehicle if such
5    entry is not in accordance with the standards of reasonable
6    care.
7        9.5. Except as authorized by a law enforcement officer,
8    no towing service shall engage in the removal of a
9    commercial motor vehicle that requires a commercial
10    driver's license to operate by operating the vehicle under
11    its own power on a highway.
12        10. When a vehicle has been towed or removed pursuant
13    to this Section, it must be released to its owner or
14    custodian within one half hour after requested, if such
15    request is made during business hours. Any vehicle owner or
16    custodian or agent shall have the right to inspect the
17    vehicle before accepting its return, and no release or
18    waiver of any kind which would release the towing service
19    from liability for damages incurred during the towing and
20    storage may be required from any vehicle owner or other
21    legally authorized person as a condition of release of the
22    vehicle. A detailed, signed receipt showing the legal name
23    of the towing service must be given to the person paying
24    towing or storage charges at the time of payment, whether
25    requested or not.
26    This Section shall not apply to law enforcement,

 

 

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1firefighting, rescue, ambulance, or other emergency vehicles
2which are marked as such or to property owned by any
3governmental entity.
4    When an authorized person improperly causes a motor vehicle
5to be removed, such person shall be liable to the owner or
6lessee of the vehicle for the cost or removal, transportation
7and storage, any damages resulting from the removal,
8transportation and storage, attorney's fee and court costs.
9    Any towing or storage charges accrued shall be payable by
10the use of any major credit card, in addition to being payable
11in cash.
12        11. Towing companies shall also provide insurance
13    coverage for areas where vehicles towed under the
14    provisions of this Chapter will be impounded or otherwise
15    stored, and shall adequately cover loss by fire, theft or
16    other risks.
17    Any person who fails to comply with the conditions and
18restrictions of this subsection shall be guilty of a Class C
19misdemeanor and shall be fined not less than $100 nor more than
20$500.
21    (g)(1) When a vehicle is determined to be a hazardous
22dilapidated motor vehicle pursuant to Section 11-40-3.1 of the
23Illinois Municipal Code or Section 5-12002.1 of the Counties
24Code, its removal and impoundment by a towing service may be
25authorized by a law enforcement agency with appropriate
26jurisdiction.

 

 

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1    (2) When a vehicle removal from either public or private
2property is authorized by a law enforcement agency, the owner
3of the vehicle shall be responsible for all towing and storage
4charges.
5    (3) Vehicles removed from public or private property and
6stored by a commercial vehicle relocator or any other towing
7service authorized by a law enforcement agency in compliance
8with this Section and Sections 4-201 and 4-202 of this Code, or
9at the request of the vehicle owner or operator, shall be
10subject to a possessor lien for services pursuant to the Labor
11and Storage Lien (Small Amount) Act. The provisions of Section
121 of that Act relating to notice and implied consent shall be
13deemed satisfied by compliance with Section 18a-302 and
14subsection (6) of Section 18a-300. In no event shall such lien
15be greater than the rate or rates established in accordance
16with subsection (6) of Section 18a-200 of this Code. In no
17event shall such lien be increased or altered to reflect any
18charge for services or materials rendered in addition to those
19authorized by this Act. Every such lien shall be payable by use
20of any major credit card, in addition to being payable in cash.
21    (4) Any personal property belonging to the vehicle owner in
22a vehicle subject to a lien under this subsection (g) shall
23likewise be subject to that lien, excepting only: child
24restraint systems as defined in Section 4 of the Child
25Passenger Protection Act and other child booster seats;
26eyeglasses; food; medicine; perishable property; any

 

 

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1operator's licenses; any cash, credit cards, or checks or
2checkbooks; any wallet, purse, or other property containing any
3operator's license or other identifying documents or
4materials, cash, credit cards, checks, or checkbooks; and any
5personal property belonging to a person other than the vehicle
6owner if that person provides adequate proof that the personal
7property belongs to that person. The spouse, child, mother,
8father, brother, or sister of the vehicle owner may claim
9personal property excepted under this paragraph (4) if the
10person claiming the personal property provides the commercial
11vehicle relocator or towing service with the authorization of
12the vehicle owner.
13    (5) This paragraph (5) applies only in the case of a
14vehicle that is towed as a result of being involved in an
15accident. In addition to the personal property excepted under
16paragraph (4), all other personal property in a vehicle subject
17to a lien under this subsection (g) is exempt from that lien
18and may be claimed by the vehicle owner if the vehicle owner
19provides the commercial vehicle relocator or towing service
20with proof that the vehicle owner has an insurance policy
21covering towing and storage fees. The spouse, child, mother,
22father, brother, or sister of the vehicle owner may claim
23personal property in a vehicle subject to a lien under this
24subsection (g) if the person claiming the personal property
25provides the commercial vehicle relocator or towing service
26with the authorization of the vehicle owner and proof that the

 

 

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1vehicle owner has an insurance policy covering towing and
2storage fees. The regulation of liens on personal property and
3exceptions to those liens in the case of vehicles towed as a
4result of being involved in an accident are exclusive powers
5and functions of the State. A home rule unit may not regulate
6liens on personal property and exceptions to those liens in the
7case of vehicles towed as a result of being involved in an
8accident. This paragraph (5) is a denial and limitation of home
9rule powers and functions under subsection (h) of Section 6 of
10Article VII of the Illinois Constitution.
11    (6) No lien under this subsection (g) shall: exceed $2,000
12in its total amount; or be increased or altered to reflect any
13charge for services or materials rendered in addition to those
14authorized by this Act.
15    (h) Whenever a peace officer issues a citation to a driver
16for a violation of subsection (a) of Section 11-506 of this
17Code, the arresting officer may have the vehicle which the
18person was operating at the time of the arrest impounded for a
19period of 5 days after the time of arrest. An impounding agency
20shall release a motor vehicle impounded under this subsection
21(h) to the registered owner of the vehicle under any of the
22following circumstances:
23        (1) If the vehicle is a stolen vehicle; or
24        (2) If the person ticketed for a violation of
25    subsection (a) of Section 11-506 of this Code was not
26    authorized by the registered owner of the vehicle to

 

 

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1    operate the vehicle at the time of the violation; or
2        (3) If the registered owner of the vehicle was neither
3    the driver nor a passenger in the vehicle at the time of
4    the violation or was unaware that the driver was using the
5    vehicle to engage in street racing; or
6        (4) If the legal owner or registered owner of the
7    vehicle is a rental car agency; or
8        (5) If, prior to the expiration of the impoundment
9    period specified above, the citation is dismissed or the
10    defendant is found not guilty of the offense.
11    (i) Except for vehicles exempted under subsection (b) of
12Section 7-601 of this Code, whenever a law enforcement officer
13issues a citation to a driver for a violation of Section 3-707
14of this Code, and the driver has a prior conviction for a
15violation of Section 3-707 of this Code in the past 12 months,
16the arresting officer shall authorize the removal and
17impoundment of the vehicle by a towing service.
18(Source: P.A. 96-1274, eff. 7-26-10; 96-1506, eff. 1-27-11;
1997-779, eff. 7-13-12.)
 
20    (625 ILCS 5/4-203.5 new)
21    Sec. 4-203.5. Tow rotation list.
22    (a) Each law enforcement agency whose duties include the
23patrol of highways in this State shall maintain a tow rotation
24list which shall be used by law enforcement officers
25authorizing the tow of a vehicle within the jurisdiction of the

 

 

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1law enforcement agency. To ensure adequate response time, a law
2enforcement agency may maintain multiple tow rotation lists,
3with each tow rotation list covering tows authorized in
4different geographic locations within the jurisdiction of the
5law enforcement agency. A towing service may be included on
6more than one tow rotation list.
7    (b) Any towing service operating within the jurisdiction of
8a law enforcement agency may submit an application in a form
9and manner prescribed by the law enforcement agency for
10inclusion on the law enforcement agency's tow rotation list.
11The towing service does not need to be located within the
12jurisdiction of the law enforcement agency. To be included on a
13tow rotation list the towing service must meet the following
14requirements:
15        (1) possess a license permitting the towing service to
16    operate in every unit of local government in the law
17    enforcement agency's jurisdiction that requires a license
18    for the operation of a towing service;
19        (2) if required by the law enforcement agency for
20    inclusion on that law enforcement agency's tow rotation
21    list, each owner of the towing service and each person
22    operating a vehicle on behalf of the towing service shall
23    submit his or her fingerprints to the Department of State
24    Police in the form and manner prescribed by the Department
25    of State Police. These fingerprints should be transmitted
26    through a live scan fingerprint vendor licensed by the

 

 

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1    Department of Financial and Professional Regulation. These
2    fingerprints shall be checked against the fingerprint
3    records now and hereafter filed in the Department of State
4    Police and Federal Bureau of Investigation criminal
5    history records databases. The Department of State Police
6    shall charge a fee for conducting the criminal history
7    record check, which shall be deposited in the State Police
8    Services Fund and shall not exceed the actual cost of the
9    State and national criminal history record check. The
10    Department of State Police shall furnish, pursuant to
11    positive identification, all Illinois conviction
12    information to the law enforcement agency maintaining the
13    tow rotation list and shall forward the national criminal
14    history record information to the law enforcement agency
15    maintaining the tow rotation list. A person may not own a
16    towing service or operate a vehicle on behalf of a towing
17    service included on a tow rotation list if that person has
18    been convicted during the 5 years preceding the application
19    of a criminal offense involving one or more of the
20    following:
21            (A) bodily injury or attempt to inflict bodily
22        injury to another person;
23            (B) theft of property or attempted theft of
24        property; or
25            (C) sexual assault or attempted sexual assault of
26        any kind;

 

 

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1        (3) each person operating a vehicle on behalf of the
2    towing service must be classified for the type of towing
3    operation he or she shall be performing and the vehicle he
4    or she shall be operating;
5        (4) possess and maintain the following insurance in
6    addition to any other insurance required by law:
7            (A) comprehensive automobile liability insurance
8        with a minimum combined single limit coverage of
9        $1,000,000;
10            (B) commercial general liability insurance with
11        limits of not less than $1,000,000 per occurrence,
12        $100,000 minimum garage keepers legal liability
13        insurance, and $100,000 minimum on-hook coverage or
14        cargo insurance; and
15            (C) a worker's compensation policy covering every
16        person operating a tow truck on behalf of the towing
17        service, if required under current law;
18        (5) possess a secure parking lot used for short-term
19    vehicle storage after a vehicle is towed that is open
20    during business hours and is equipped with security
21    features as required by the law enforcement agency;
22        (6) utilize only vehicles that possess a valid vehicle
23    registration, display a valid Illinois license plate in
24    accordance with Section 5-202 of this Code, and comply with
25    the weight requirements of this Code;
26        (7) every person operating a towing or recovery vehicle

 

 

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1    on behalf of the towing service must have completed a
2    Traffic Incident Management Training Program approved by
3    the Department of Transportation;
4        (8) hold a valid authority issued to it by the Illinois
5    Commerce Commission;
6        (9) comply with all other applicable federal, State,
7    and local laws; and
8        (10) comply with any additional requirements the
9    applicable law enforcement agency deems necessary.
10    The law enforcement agency may select which towing services
11meeting the requirements of this subsection (b) shall be
12included on a tow rotation list. The law enforcement agency may
13choose to have only one towing service on its tow rotation
14list. Complaints regarding the process for inclusion on a tow
15rotation list or the use of a tow rotation list may be referred
16in writing to the head of the law enforcement agency
17administering that tow rotation list. The head of the law
18enforcement agency shall make the final determination as to
19which qualified towing services shall be included on a tow
20rotation list, and shall not be held liable for the exclusion
21of any towing service from a tow rotation list.
22    (c) Whenever a law enforcement officer initiates a tow of a
23vehicle, the officer shall contact his or her law enforcement
24agency and inform the agency that a tow has been authorized.
25The law enforcement agency shall then select a towing service
26from the law enforcement agency's tow rotation list

 

 

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1corresponding to the geographical area where the tow was
2authorized, and shall contact that towing service directly by
3phone, computer, or similar means. Towing services shall be
4contacted in the order listed on the appropriate tow rotation
5list, at which point the towing service shall be placed at the
6end of that tow rotation list. In the event a listed towing
7service is not available, the next listed towing service on
8that tow rotation list shall be contacted.
9    (d) A law enforcement agency may deviate from the order
10listed on a tow rotation list if the towing service next on
11that tow rotation list is, in the judgment of the authorizing
12officer or the law enforcement agency making the selection,
13incapable of or not properly equipped for handling a specific
14task related to the tow that requires special skills or
15equipment. A deviation from the order listed on the tow
16rotation list for this reason shall not cause a loss of
17rotation turn by the towing service determined to be incapable
18or not properly equipped for handling the request.
19    (e) In the event of an emergency a law enforcement officer
20or agency, taking into account the safety and location of the
21situation, may deviate from the order of the tow rotation list
22and obtain towing service from any source deemed appropriate.
23    (f) If the owner or operator of a disabled vehicle is
24present at the scene of the disabled vehicle, is not under
25arrest, and does not abandon his or her vehicle, and in the law
26enforcement officer's opinion the disabled vehicle is not

 

 

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1impeding or obstructing traffic, illegally parked, or posing a
2security or safety risk, the law enforcement officer shall
3allow the owner of the vehicle to specify a towing service to
4relocate the disabled vehicle. If the owner chooses not to
5specify a towing service, the law enforcement agency shall
6select a towing service for the vehicle as provided in
7subsection (c) of this Section.
8    (g) If a tow operator is present or arrives where a tow is
9needed and it has not been requested by the law enforcement
10agency or the owner or operator, the law enforcement officer,
11unless acting under Section 11-1431 of this Code, shall advise
12the tow operator to leave the scene.
13    (h) Nothing contained in this Section shall apply to a law
14enforcement agency having jurisdiction solely over a
15municipality with a population over 1,000,000.
 
16    (625 ILCS 5/6-118)
17    (Text of Section before amendment by P.A. 98-176)
18    Sec. 6-118. Fees.
19    (a) The fee for licenses and permits under this Article is
20as follows:
21    Original driver's license.............................$30
22    Original or renewal driver's license
23        issued to 18, 19 and 20 year olds.................. 5
24    All driver's licenses for persons
25        age 69 through age 80.............................. 5

 

 

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1    All driver's licenses for persons
2        age 81 through age 86.............................. 2
3    All driver's licenses for persons
4        age 87 or older.....................................0
5    Renewal driver's license (except for
6        applicants ages 18, 19 and 20 or
7        age 69 and older)..................................30
8    Original instruction permit issued to
9        persons (except those age 69 and older)
10        who do not hold or have not previously
11        held an Illinois instruction permit or
12        driver's license.................................. 20
13    Instruction permit issued to any person
14        holding an Illinois driver's license
15        who wishes a change in classifications,
16        other than at the time of renewal.................. 5
17    Any instruction permit issued to a person
18        age 69 and older................................... 5
19    Instruction permit issued to any person,
20        under age 69, not currently holding a
21        valid Illinois driver's license or
22        instruction permit but who has
23        previously been issued either document
24        in Illinois....................................... 10
25    Restricted driving permit.............................. 8
26    Monitoring device driving permit...................... 8

 

 

SB1441 Engrossed- 21 -LRB099 07079 RJF 27163 b

1    Duplicate or corrected driver's license
2        or permit.......................................... 5
3    Duplicate or corrected restricted
4        driving permit..................................... 5
5    Duplicate or corrected monitoring
6    device driving permit.................................. 5
7    Duplicate driver's license or permit issued to
8        an active-duty member of the
9        United States Armed Forces,
10        the member's spouse, or
11        the dependent children living
12        with the member................................... 0
13    Original or renewal M or L endorsement................. 5
14SPECIAL FEES FOR COMMERCIAL DRIVER'S LICENSE
15        The fees for commercial driver licenses and permits
16    under Article V shall be as follows:
17    Commercial driver's license:
18        $6 for the CDLIS/AAMVAnet/NMVTIS Trust Fund
19        (Commercial Driver's License Information
20        System/American Association of Motor Vehicle
21        Administrators network/National Motor Vehicle
22        Title Information Service Trust Fund);
23        $20 for the Motor Carrier Safety Inspection Fund;
24        $10 for the driver's license;
25        and $24 for the CDL:............................. $60
26    Renewal commercial driver's license:

 

 

SB1441 Engrossed- 22 -LRB099 07079 RJF 27163 b

1        $6 for the CDLIS/AAMVAnet/NMVTIS Trust Fund;
2        $20 for the Motor Carrier Safety Inspection Fund;
3        $10 for the driver's license; and
4        $24 for the CDL:................................. $60
5    Commercial driver instruction permit
6        issued to any person holding a valid
7        Illinois driver's license for the
8        purpose of changing to a
9        CDL classification: $6 for the
10        CDLIS/AAMVAnet/NMVTIS Trust Fund;
11        $20 for the Motor Carrier
12        Safety Inspection Fund; and
13        $24 for the CDL classification................... $50
14    Commercial driver instruction permit
15        issued to any person holding a valid
16        Illinois CDL for the purpose of
17        making a change in a classification,
18        endorsement or restriction........................ $5
19    CDL duplicate or corrected license.................... $5
20    In order to ensure the proper implementation of the Uniform
21Commercial Driver License Act, Article V of this Chapter, the
22Secretary of State is empowered to pro-rate the $24 fee for the
23commercial driver's license proportionate to the expiration
24date of the applicant's Illinois driver's license.
25    The fee for any duplicate license or permit shall be waived
26for any person who presents the Secretary of State's office

 

 

SB1441 Engrossed- 23 -LRB099 07079 RJF 27163 b

1with a police report showing that his license or permit was
2stolen.
3    The fee for any duplicate license or permit shall be waived
4for any person age 60 or older whose driver's license or permit
5has been lost or stolen.
6    No additional fee shall be charged for a driver's license,
7or for a commercial driver's license, when issued to the holder
8of an instruction permit for the same classification or type of
9license who becomes eligible for such license.
10    (b) Any person whose license or privilege to operate a
11motor vehicle in this State has been suspended or revoked under
12Section 3-707, any provision of Chapter 6, Chapter 11, or
13Section 7-205, 7-303, or 7-702 of the Family Financial
14Responsibility Law of this Code, shall in addition to any other
15fees required by this Code, pay a reinstatement fee as follows:
16    Suspension under Section 3-707..................... $100
17    Summary suspension under Section 11-501.1...........$250
18    Suspension under Section 11-501.9...................$250
19    Summary revocation under Section 11-501.1............$500
20    Other suspension......................................$70
21    Revocation...........................................$500
22    However, any person whose license or privilege to operate a
23motor vehicle in this State has been suspended or revoked for a
24second or subsequent time for a violation of Section 11-501,
2511-501.1, or 11-501.9 of this Code or a similar provision of a
26local ordinance or a similar out-of-state offense or Section

 

 

SB1441 Engrossed- 24 -LRB099 07079 RJF 27163 b

19-3 of the Criminal Code of 1961 or the Criminal Code of 2012
2and each suspension or revocation was for a violation of
3Section 11-501, 11-501.1, or 11-501.9 of this Code or a similar
4provision of a local ordinance or a similar out-of-state
5offense or Section 9-3 of the Criminal Code of 1961 or the
6Criminal Code of 2012 shall pay, in addition to any other fees
7required by this Code, a reinstatement fee as follows:
8    Summary suspension under Section 11-501.1............$500
9    Suspension under Section 11-501.9...................$500
10    Summary revocation under Section 11-501.1............$500
11    Revocation...........................................$500
12    (c) All fees collected under the provisions of this Chapter
136 shall be paid into the Road Fund in the State Treasury except
14as follows:
15        1. The following amounts shall be paid into the Driver
16    Education Fund:
17            (A) $16 of the $20 fee for an original driver's
18        instruction permit;
19            (B) $5 of the $30 fee for an original driver's
20        license;
21            (C) $5 of the $30 fee for a 4 year renewal driver's
22        license;
23            (D) $4 of the $8 fee for a restricted driving
24        permit; and
25            (E) $4 of the $8 fee for a monitoring device
26        driving permit.

 

 

SB1441 Engrossed- 25 -LRB099 07079 RJF 27163 b

1        2. $30 of the $250 fee for reinstatement of a license
2    summarily suspended under Section 11-501.1 or suspended
3    under Section 11-501.9 shall be deposited into the Drunk
4    and Drugged Driving Prevention Fund. However, for a person
5    whose license or privilege to operate a motor vehicle in
6    this State has been suspended or revoked for a second or
7    subsequent time for a violation of Section 11-501,
8    11-501.1, or 11-501.9 of this Code or Section 9-3 of the
9    Criminal Code of 1961 or the Criminal Code of 2012, $190 of
10    the $500 fee for reinstatement of a license summarily
11    suspended under Section 11-501.1 or suspended under
12    Section 11-501.9, and $190 of the $500 fee for
13    reinstatement of a revoked license shall be deposited into
14    the Drunk and Drugged Driving Prevention Fund. $190 of the
15    $500 fee for reinstatement of a license summarily revoked
16    pursuant to Section 11-501.1 shall be deposited into the
17    Drunk and Drugged Driving Prevention Fund.
18        3. $6 of such original or renewal fee for a commercial
19    driver's license and $6 of the commercial driver
20    instruction permit fee when such permit is issued to any
21    person holding a valid Illinois driver's license, shall be
22    paid into the CDLIS/AAMVAnet/NMVTIS Trust Fund.
23        4. $30 of the $70 fee for reinstatement of a license
24    suspended under the Family Financial Responsibility Law
25    shall be paid into the Family Responsibility Fund.
26        5. The $5 fee for each original or renewal M or L

 

 

SB1441 Engrossed- 26 -LRB099 07079 RJF 27163 b

1    endorsement shall be deposited into the Cycle Rider Safety
2    Training Fund.
3        6. $20 of any original or renewal fee for a commercial
4    driver's license or commercial driver instruction permit
5    shall be paid into the Motor Carrier Safety Inspection
6    Fund.
7        7. The following amounts shall be paid into the General
8    Revenue Fund:
9            (A) $190 of the $250 reinstatement fee for a
10        summary suspension under Section 11-501.1 or a
11        suspension under Section 11-501.9;
12            (B) $40 of the $70 reinstatement fee for any other
13        suspension provided in subsection (b) of this Section;
14        and
15            (C) $440 of the $500 reinstatement fee for a first
16        offense revocation and $310 of the $500 reinstatement
17        fee for a second or subsequent revocation.
18    (d) All of the proceeds of the additional fees imposed by
19this amendatory Act of the 96th General Assembly shall be
20deposited into the Capital Projects Fund.
21    (e) The additional fees imposed by this amendatory Act of
22the 96th General Assembly shall become effective 90 days after
23becoming law.
24    (f) As used in this Section, "active-duty member of the
25United States Armed Forces" means a member of the Armed
26Services or Reserve Forces of the United States or a member of

 

 

SB1441 Engrossed- 27 -LRB099 07079 RJF 27163 b

1the Illinois National Guard who is called to active duty
2pursuant to an executive order of the President of the United
3States, an act of the Congress of the United States, or an
4order of the Governor.
5(Source: P.A. 97-333, eff. 8-12-11; 97-1150, eff. 1-25-13;
698-177, eff. 1-1-14; 98-756, eff. 7-16-14.)
 
7    (Text of Section after amendment by P.A. 98-176)
8    Sec. 6-118. Fees.
9    (a) The fee for licenses and permits under this Article is
10as follows:
11    Original driver's license.............................$30
12    Original or renewal driver's license
13        issued to 18, 19 and 20 year olds.................. 5
14    All driver's licenses for persons
15        age 69 through age 80.............................. 5
16    All driver's licenses for persons
17        age 81 through age 86.............................. 2
18    All driver's licenses for persons
19        age 87 or older.....................................0
20    Renewal driver's license (except for
21        applicants ages 18, 19 and 20 or
22        age 69 and older)..................................30
23    Original instruction permit issued to
24        persons (except those age 69 and older)
25        who do not hold or have not previously

 

 

SB1441 Engrossed- 28 -LRB099 07079 RJF 27163 b

1        held an Illinois instruction permit or
2        driver's license.................................. 20
3    Instruction permit issued to any person
4        holding an Illinois driver's license
5        who wishes a change in classifications,
6        other than at the time of renewal.................. 5
7    Any instruction permit issued to a person
8        age 69 and older................................... 5
9    Instruction permit issued to any person,
10        under age 69, not currently holding a
11        valid Illinois driver's license or
12        instruction permit but who has
13        previously been issued either document
14        in Illinois....................................... 10
15    Restricted driving permit.............................. 8
16    Monitoring device driving permit...................... 8
17    Duplicate or corrected driver's license
18        or permit.......................................... 5
19    Duplicate or corrected restricted
20        driving permit..................................... 5
21    Duplicate or corrected monitoring
22    device driving permit.................................. 5
23    Duplicate driver's license or permit issued to
24        an active-duty member of the
25        United States Armed Forces,
26        the member's spouse, or

 

 

SB1441 Engrossed- 29 -LRB099 07079 RJF 27163 b

1        the dependent children living
2        with the member................................... 0
3    Original or renewal M or L endorsement................. 5
4SPECIAL FEES FOR COMMERCIAL DRIVER'S LICENSE
5        The fees for commercial driver licenses and permits
6    under Article V shall be as follows:
7    Commercial driver's license:
8        $6 for the CDLIS/AAMVAnet/NMVTIS Trust Fund
9        (Commercial Driver's License Information
10        System/American Association of Motor Vehicle
11        Administrators network/National Motor Vehicle
12        Title Information Service Trust Fund);
13        $20 for the Motor Carrier Safety Inspection Fund;
14        $10 for the driver's license;
15        and $24 for the CDL:............................. $60
16    Renewal commercial driver's license:
17        $6 for the CDLIS/AAMVAnet/NMVTIS Trust Fund;
18        $20 for the Motor Carrier Safety Inspection Fund;
19        $10 for the driver's license; and
20        $24 for the CDL:................................. $60
21    Commercial learner's permit
22        issued to any person holding a valid
23        Illinois driver's license for the
24        purpose of changing to a
25        CDL classification: $6 for the
26        CDLIS/AAMVAnet/NMVTIS Trust Fund;

 

 

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1        $20 for the Motor Carrier
2        Safety Inspection Fund; and
3        $24 for the CDL classification................... $50
4    Commercial learner's permit
5        issued to any person holding a valid
6        Illinois CDL for the purpose of
7        making a change in a classification,
8        endorsement or restriction........................ $5
9    CDL duplicate or corrected license.................... $5
10    In order to ensure the proper implementation of the Uniform
11Commercial Driver License Act, Article V of this Chapter, the
12Secretary of State is empowered to pro-rate the $24 fee for the
13commercial driver's license proportionate to the expiration
14date of the applicant's Illinois driver's license.
15    The fee for any duplicate license or permit shall be waived
16for any person who presents the Secretary of State's office
17with a police report showing that his license or permit was
18stolen.
19    The fee for any duplicate license or permit shall be waived
20for any person age 60 or older whose driver's license or permit
21has been lost or stolen.
22    No additional fee shall be charged for a driver's license,
23or for a commercial driver's license, when issued to the holder
24of an instruction permit for the same classification or type of
25license who becomes eligible for such license.
26    (b) Any person whose license or privilege to operate a

 

 

SB1441 Engrossed- 31 -LRB099 07079 RJF 27163 b

1motor vehicle in this State has been suspended or revoked under
2Section 3-707, any provision of Chapter 6, Chapter 11, or
3Section 7-205, 7-303, or 7-702 of the Family Financial
4Responsibility Law of this Code, shall in addition to any other
5fees required by this Code, pay a reinstatement fee as follows:
6    Suspension under Section 3-707..................... $100
7    Suspension under Section 11-1431.....................$100
8    Summary suspension under Section 11-501.1...........$250
9    Suspension under Section 11-501.9...................$250
10    Summary revocation under Section 11-501.1............$500
11    Other suspension......................................$70
12    Revocation...........................................$500
13    However, any person whose license or privilege to operate a
14motor vehicle in this State has been suspended or revoked for a
15second or subsequent time for a violation of Section 11-501,
1611-501.1, or 11-501.9 of this Code or a similar provision of a
17local ordinance or a similar out-of-state offense or Section
189-3 of the Criminal Code of 1961 or the Criminal Code of 2012
19and each suspension or revocation was for a violation of
20Section 11-501, 11-501.1, or 11-501.9 of this Code or a similar
21provision of a local ordinance or a similar out-of-state
22offense or Section 9-3 of the Criminal Code of 1961 or the
23Criminal Code of 2012 shall pay, in addition to any other fees
24required by this Code, a reinstatement fee as follows:
25    Summary suspension under Section 11-501.1............$500
26    Suspension under Section 11-501.9...................$500

 

 

SB1441 Engrossed- 32 -LRB099 07079 RJF 27163 b

1    Summary revocation under Section 11-501.1............$500
2    Revocation...........................................$500
3    (c) All fees collected under the provisions of this Chapter
46 shall be paid into the Road Fund in the State Treasury except
5as follows:
6        1. The following amounts shall be paid into the Driver
7    Education Fund:
8            (A) $16 of the $20 fee for an original driver's
9        instruction permit;
10            (B) $5 of the $30 fee for an original driver's
11        license;
12            (C) $5 of the $30 fee for a 4 year renewal driver's
13        license;
14            (D) $4 of the $8 fee for a restricted driving
15        permit; and
16            (E) $4 of the $8 fee for a monitoring device
17        driving permit.
18        2. $30 of the $250 fee for reinstatement of a license
19    summarily suspended under Section 11-501.1 or suspended
20    under Section 11-501.9 shall be deposited into the Drunk
21    and Drugged Driving Prevention Fund. However, for a person
22    whose license or privilege to operate a motor vehicle in
23    this State has been suspended or revoked for a second or
24    subsequent time for a violation of Section 11-501,
25    11-501.1, or 11-501.9 of this Code or Section 9-3 of the
26    Criminal Code of 1961 or the Criminal Code of 2012, $190 of

 

 

SB1441 Engrossed- 33 -LRB099 07079 RJF 27163 b

1    the $500 fee for reinstatement of a license summarily
2    suspended under Section 11-501.1 or suspended under
3    Section 11-501.9, and $190 of the $500 fee for
4    reinstatement of a revoked license shall be deposited into
5    the Drunk and Drugged Driving Prevention Fund. $190 of the
6    $500 fee for reinstatement of a license summarily revoked
7    pursuant to Section 11-501.1 shall be deposited into the
8    Drunk and Drugged Driving Prevention Fund.
9        3. $6 of the original or renewal fee for a commercial
10    driver's license and $6 of the commercial learner's permit
11    fee when the permit is issued to any person holding a valid
12    Illinois driver's license, shall be paid into the
13    CDLIS/AAMVAnet/NMVTIS Trust Fund.
14        4. $30 of the $70 fee for reinstatement of a license
15    suspended under the Family Financial Responsibility Law
16    shall be paid into the Family Responsibility Fund.
17        5. The $5 fee for each original or renewal M or L
18    endorsement shall be deposited into the Cycle Rider Safety
19    Training Fund.
20        6. $20 of any original or renewal fee for a commercial
21    driver's license or commercial learner's permit shall be
22    paid into the Motor Carrier Safety Inspection Fund.
23        7. The following amounts shall be paid into the General
24    Revenue Fund:
25            (A) $190 of the $250 reinstatement fee for a
26        summary suspension under Section 11-501.1 or a

 

 

SB1441 Engrossed- 34 -LRB099 07079 RJF 27163 b

1        suspension under Section 11-501.9;
2            (B) $40 of the $70 reinstatement fee for any other
3        suspension provided in subsection (b) of this Section;
4        and
5            (C) $440 of the $500 reinstatement fee for a first
6        offense revocation and $310 of the $500 reinstatement
7        fee for a second or subsequent revocation.
8    (d) All of the proceeds of the additional fees imposed by
9this amendatory Act of the 96th General Assembly shall be
10deposited into the Capital Projects Fund.
11    (e) The additional fees imposed by this amendatory Act of
12the 96th General Assembly shall become effective 90 days after
13becoming law.
14    (f) As used in this Section, "active-duty member of the
15United States Armed Forces" means a member of the Armed
16Services or Reserve Forces of the United States or a member of
17the Illinois National Guard who is called to active duty
18pursuant to an executive order of the President of the United
19States, an act of the Congress of the United States, or an
20order of the Governor.
21(Source: P.A. 97-333, eff. 8-12-11; 97-1150, eff. 1-25-13;
2298-176, eff. 7-8-15 (see Section 10 of P.A. 98-722 for the
23effective date of changes made by P.A. 98-176); 98-177, eff.
241-1-14; 98-756, eff. 7-16-14; 98-1172, eff. 1-12-15.)
 
25    (625 ILCS 5/11-1431)

 

 

SB1441 Engrossed- 35 -LRB099 07079 RJF 27163 b

1    Sec. 11-1431. Solicitations at accident or disablement
2scene prohibited.
3    (a) A tower, as defined by Section 1-205.2 of this Code, or
4an employee or agent of a tower may not: (i) stop at the scene
5of a motor vehicle accident or at or near a damaged or disabled
6vehicle for the purpose of soliciting the owner or operator of
7the damaged or disabled vehicle to enter into a towing service
8transaction; or (ii) stop at the scene of an accident or at or
9near a damaged or disabled vehicle unless called to the
10location by a law enforcement officer, the Illinois Department
11of Transportation, the Illinois State Toll Highway Authority, a
12local agency having jurisdiction over the highway, or the owner
13or operator of the damaged or disabled vehicle. This Section
14shall not apply to employees of the Department, the Illinois
15State Toll Highway Authority, or local agencies when engaged in
16their official duties. Nothing in this Section shall prevent a
17tower from stopping at the scene of a motor vehicle accident or
18at or near a damaged or disabled vehicle if the owner or
19operator signals the tower for assistance from the location of
20the motor vehicle accident or damaged or disabled vehicle.
21    (b) A person who violates this Section is guilty of a
22business offense and shall be required to pay a fine of more
23than $500, but not more than $1,000. A person convicted of
24violating this Section shall also have his or her driver's
25license, permit, or privileges suspended for 3 months. After
26the expiration of the 3 month suspension, the person's driver's

 

 

SB1441 Engrossed- 36 -LRB099 07079 RJF 27163 b

1license, permit, or privileges shall not be reinstated until he
2or she has paid a reinstatement fee of $100. If a person
3violates this Section while his or her driver's license,
4permit, or privileges are suspended under this subsection (b),
5his or her driver's license, permit, or privileges shall be
6suspended for an additional 6 months, and shall not be
7reinstated after the expiration of the 6 month suspension until
8he or she pays a reinstatement fee of $100.
9(Source: P.A. 96-1376, eff. 7-29-10.)
 
10    (625 ILCS 5/18a-300)  (from Ch. 95 1/2, par. 18a-300)
11    Sec. 18a-300. Commercial vehicle relocators - Unlawful
12practices. It shall be unlawful for any commercial vehicle
13relocator:
14        (1) To operate in any county in which this Chapter is
15    applicable without a valid, current relocator's license as
16    provided in Article IV of this Chapter;
17        (2) To employ as an operator, or otherwise so use the
18    services of, any person who does not have at the
19    commencement of employment or service, or at any time
20    during the course of employment or service, a valid,
21    current operator's employment permit, or temporary
22    operator's employment permit issued in accordance with
23    Sections 18a-403 or 18a-405 of this Chapter; or to fail to
24    notify the Commission, in writing, of any known criminal
25    conviction of any employee occurring at any time before or

 

 

SB1441 Engrossed- 37 -LRB099 07079 RJF 27163 b

1    during the course of employment or service;
2        (3) To employ as a dispatcher, or otherwise so use the
3    services of, any person who does not have at the
4    commencement of employment or service, or at any time
5    during the course of employment or service, a valid,
6    current dispatcher's or operator's employment permit or
7    temporary dispatcher's or operator's employment permit
8    issued in accordance with Sections 18a-403 or 18a-407 of
9    this Chapter; or to fail to notify the Commission, in
10    writing, of any known criminal conviction of any employee
11    occurring at any time before or during the course of
12    employment or service;
13        (4) To operate upon the highways of this State any
14    vehicle used in connection with any commercial vehicle
15    relocation service unless:
16             (A) There is painted or firmly affixed to the
17        vehicle on both sides of the vehicle in a color or
18        colors vividly contrasting to the color of the vehicle
19        the name, address and telephone number of the
20        relocator. The Commission shall prescribe reasonable
21        rules and regulations pertaining to insignia to be
22        painted or firmly affixed to vehicles and shall waive
23        the requirements of the address on any vehicle in cases
24        where the operator of a vehicle has painted or
25        otherwise firmly affixed to the vehicle a seal or trade
26        mark that clearly identifies the operator of the

 

 

SB1441 Engrossed- 38 -LRB099 07079 RJF 27163 b

1        vehicle; and
2             (B) There is carried in the power unit of the
3        vehicle a certified copy of the currently effective
4        relocator's license and operator's employment permit.
5        Copies may be photographed, photocopied, or reproduced
6        or printed by any other legible and durable process.
7        Any person guilty of not causing to be displayed a copy
8        of his relocator's license and operator's employment
9        permit may in any hearing concerning the violation be
10        excused from the payment of the penalty hereinafter
11        provided upon a showing that the license was issued by
12        the Commission, but was subsequently lost or
13        destroyed;
14        (5) To operate upon the highways of this State any
15    vehicle used in connection with any commercial vehicle
16    relocation service that bears the name or address and
17    telephone number of any person or entity other than the
18    relocator by which it is owned or to which it is leased;
19        (6) To advertise in any newspaper, book, list,
20    classified directory or other publication unless there is
21    contained in the advertisement the license number of the
22    relocator;
23        (7) To remove any vehicle from private property without
24    having first obtained the written authorization of the
25    property owner or other person in lawful possession or
26    control of the property, his authorized agent, or an

 

 

SB1441 Engrossed- 39 -LRB099 07079 RJF 27163 b

1    authorized law enforcement officer. The authorization may
2    be on a contractual basis covering a period of time or
3    limited to a specific removal;
4        (8) To charge the private property owner, who requested
5    that an unauthorized vehicle be removed from his property,
6    with the costs of removing the vehicle contrary to any
7    terms that may be a part of the contract between the
8    property owner and the commercial relocator. Nothing in
9    this paragraph shall prevent a relocator from assessing,
10    collecting, or receiving from the property owner, lessee,
11    or their agents any fee prescribed by the Commission;
12        (9) To remove a vehicle when the owner or operator of
13    the vehicle is present or arrives at the vehicle location
14    at any time prior to the completion of removal, and is
15    willing and able to remove the vehicle immediately, except
16    for vehicles that require a commercial driver's license to
17    operate. Vehicles that require a commercial driver's
18    license to operate shall be disconnected from the tow truck
19    and the owner or operator shall be allowed to remove the
20    vehicle without interference upon the payment of a
21    reasonable service fee of not more than one-half of the
22    posted rate of the towing service as provided in paragraph
23    6 of subsection (f) of Section 4-203 of this Code, for
24    which a receipt shall be given. For purposes of this
25    paragraph, a tractor and trailer together shall be
26    considered 2 separate vehicles;

 

 

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1        (10) To remove any vehicle from property on which signs
2    are required and on which there are not posted appropriate
3    signs under Section 18a-302;
4        (11) To fail to notify law enforcement authorities in
5    the jurisdiction in which the trespassing vehicle was
6    removed within one hour of the removal. Notification shall
7    include a complete description of the vehicle,
8    registration numbers if possible, the locations from which
9    and to which the vehicle was removed, the time of removal,
10    and any other information required by regulation, statute
11    or ordinance;
12        (12) To impose any charge other than in accordance with
13    the rates set by the Commission as provided in paragraph
14    (6) of Section 18a-200 of this Chapter;
15        (13) To fail, in the office or location at which
16    relocated vehicles are routinely returned to their owners,
17    to prominently post the name, address and telephone number
18    of the nearest office of the Commission to which inquiries
19    or complaints may be sent;
20        (13.1) To fail to distribute to each owner or operator
21    of a relocated vehicle, in written form as prescribed by
22    Commission rule or regulation, the relevant statutes,
23    regulations and ordinances governing commercial vehicle
24    relocators, including, in at least 12 point boldface type,
25    the name, address and telephone number of the nearest
26    office of the Commission to which inquiries or complaints

 

 

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1    may be sent;
2        (13.2) To fail, in the office or location at which
3    relocated vehicles are routinely returned to their owners,
4    to ensure that the relocator's representative provides
5    suitable evidence of his or her identity to the owners of
6    relocated vehicles upon request;
7        (14) To remove any vehicle, otherwise in accordance
8    with this Chapter, more than 15 air miles from its location
9    when towed from a location in an unincorporated area of a
10    county or more than 10 air miles from its location when
11    towed from any other location;
12        (15) To fail to make a telephone number available to
13    the police department of any municipality in which a
14    relocator operates at which the relocator or an employee of
15    the relocator may be contacted at any time during the hours
16    in which the relocator is engaged in the towing of
17    vehicles, or advertised as engaged in the towing of
18    vehicles, for the purpose of effectuating the release of a
19    towed vehicle; or to fail to include the telephone number
20    in any advertisement of the relocator's services published
21    or otherwise appearing on or after the effective date of
22    this amendatory Act; or to fail to have an employee
23    available at any time on the premises owned or controlled
24    by the relocator for the purposes of arranging for the
25    immediate release of the vehicle.
26        Apart from any other penalty or liability authorized

 

 

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1    under this Act, if after a reasonable effort, the owner of
2    the vehicle is unable to make telephone contact with the
3    relocator for a period of one hour from his initial attempt
4    during any time period in which the relocator is required
5    to respond at the number, all fees for towing, storage, or
6    otherwise are to be waived. Proof of 3 attempted phone
7    calls to the number provided to the police department by an
8    officer or employee of the department on behalf of the
9    vehicle owner within the space of one hour, at least 2 of
10    which are separated by 45 minutes, shall be deemed
11    sufficient proof of the owner's reasonable effort to make
12    contact with the vehicle relocator. Failure of the
13    relocator to respond to the phone calls is not a criminal
14    violation of this Chapter;
15        (16) To use equipment which the relocator does not own,
16    except in compliance with Section 18a-306 of this Chapter
17    and Commission regulations. No equipment can be leased to
18    more than one relocator at any time. Equipment leases shall
19    be filed with the Commission. If equipment is leased to one
20    relocator, it cannot thereafter be leased to another
21    relocator until a written cancellation of lease is properly
22    filed with the Commission;
23        (17) To use drivers or other personnel who are not
24    employees or contractors of the relocator;
25        (18) To fail to refund any amount charged in excess of
26    the reasonable rate established by the Commission;

 

 

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1        (19) To violate any other provision of this Chapter, or
2    of Commission regulations or orders adopted under this
3    Chapter; .
4        (20) To engage in the removal of a commercial motor
5    vehicle that requires a commercial driver's license to
6    operate by operating the vehicle under its own power on a
7    highway without authorization by a law enforcement
8    officer.
9(Source: P.A. 94-650, eff. 1-1-06.)
 
10    (625 ILCS 5/18d-153)
11    Sec. 18d-153. Misrepresentation of affiliation. It shall
12be unlawful for any tower to misrepresent an affiliation with
13the State, a unit of local government, an insurance company, a
14private club, or any other entity, or falsely claim to be
15included on a law enforcement agency's tow rotation list
16maintained under Section 4-203.5 of this Code, for the purpose
17of securing a business transaction with a vehicle owner or
18operator.
19(Source: P.A. 96-1369, eff. 1-1-11.)
 
20    Section 95. No acceleration or delay. Where this Act makes
21changes in a statute that is represented in this Act by text
22that is not yet or no longer in effect (for example, a Section
23represented by multiple versions), the use of that text does
24not accelerate or delay the taking effect of (i) the changes

 

 

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1made by this Act or (ii) provisions derived from any other
2Public Act.