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(625 ILCS 5/Ch. 18d heading)
CHAPTER 18d. ILLINOIS COMMERCIAL SAFETY TOWING LAW
(Source: P.A. 95-562, eff. 7-1-08.)
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(625 ILCS 5/18d-101)
Sec. 18d-101. Short title. This Chapter may be cited as the Illinois Commercial Safety Towing Law.
(Source: P.A. 95-562, eff. 7-1-08.) |
(625 ILCS 5/18d-105) Sec. 18d-105. Definitions. As used in this Chapter: (1) "Commercial vehicle safety relocator" or "safety relocator" means any person or entity engaged in the business of removing damaged or disabled vehicles from public or private property by means of towing or otherwise, and thereafter relocating and storing such vehicles. (2) "Commission" means the Illinois Commerce Commission. (3) "Beneficial owner" means an individual who either, directly or indirectly: (a) exercises substantial control over a person or entity; or (b) owns or controls at least 25% of the person's or entity's ownership interests. (Source: P.A. 104-133, eff. 1-1-26.) |
(625 ILCS 5/18d-110)
Sec. 18d-110. The General Assembly finds and declares that commercial vehicle towing service in the State of Illinois fundamentally affects the public interest and public welfare. It is the intent of the General Assembly, in this amendatory Act of the 95th General Assembly, to promote the public interest and the public welfare by requiring similar basic consumer protections and fraud prevention measures that are required of other marketplace participants, including the disclosure of material terms and conditions of the service to consumers before consumers accept the terms and conditions. The General Assembly also intends that the provisions in this amendatory Act of the 95th General Assembly promote safety for all persons and vehicles that travel or otherwise use the public highways of this State. The General Assembly finds that it is in the public interest that persons whose vehicles are towed from the public highways know important basic information, such as where they can retrieve their vehicles and the cost to retrieve their vehicles, so that they can avoid vehicle deterioration and arrange for a prompt repair of the vehicles.
(Source: P.A. 95-562, eff. 7-1-08.) |
(625 ILCS 5/18d-115) Sec. 18d-115. Safety relocator registration required; application disclosures. (a) It is unlawful for any commercial vehicle safety relocator to operate in any county in which this Chapter is applicable without a valid, current safety relocator's registration certificate issued by the Commission. (b) The Commission shall issue safety relocator's registration certificates in accordance with administrative rules adopted by the Commission. The Commission shall require that in addition to such other information as the Commission may require by rule, any application for a safety relocator's registration be verified and disclose whether: (1) the applicant has failed to satisfy any fine or | ||
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(2) any officer, employee, or agent of the applicant | ||
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(3) any person or entity other than the applicant | ||
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(4) the applicant has failed to satisfy a judgment | ||
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If the Commission finds that any failure to satisfy a fine or penalty issued by the Commission or a judgment entered by a court of competent jurisdiction was, or should have been, disclosed by the applicant, the Commission may deny the application. (c) The Commission may inquire into the conduct of any commercial vehicle safety relocator, or the beneficial owner of a commercial vehicle safety relocator, to determine if the provisions of this Chapter and the rules of the Commission adopted pursuant to this Chapter are being observed. (d) If the Commission finds any failure to satisfy a fine or penalty issued by the Commission or a judgment entered by a court of competent jurisdiction, as set forth in subsection (b), it shall revoke the issued safety relocator's registration unless the Commission finds, through clear and convincing evidence, good cause for the failure. (Source: P.A. 104-133, eff. 1-1-26.) |
(625 ILCS 5/18d-116) Sec. 18d-116. Business and storage location requirements; proof of right to use premises. (a) The office address that the commercial vehicle safety relocator lists on the application shall be the primary business location of the firm where its records are maintained, as required by Section 18d-135. (b) The application shall also list by address all locations of secure areas for vehicle storage and redemption maintained by the commercial vehicle safety relocator. (c) A safety relocator shall own or have a right to use and occupy, under a written lease, all business locations and vehicle storage and redemption locations listed on an application. (d) The commercial vehicle safety relocator shall notify the Commission in writing of any change in or addition of a primary business location or location of secure areas for vehicle storage and redemption. (e) Listing a primary business location or vehicle storage and redemption location on an application or update form that the safety relocator does not have a right to use or occupy by virtue of ownership or a written lease shall be considered a materially false statement for purposes of Section 18d-119. Failure to list a primary business location or vehicle storage and redemption location on an application or update form shall be considered a material omission for purposes of Section 18d-119. (f) Each business and storage location shall conform to Section 18d-130.(Source: P.A. 104-133, eff. 1-1-26.) |
(625 ILCS 5/18d-117) Sec. 18d-117. Exemption. (a) A tower, as defined by Section 1-205.2 of this Code, legally residing in a county not subject to this Chapter pursuant to Section 18d-180 of this Chapter may operate in a county that is subject to this Chapter pursuant to Section 18d-180 for the limited purpose of removing a damaged or disabled vehicle upon the request of the owner or operator legally residing in a county not subject to this Chapter to remove the vehicle and tow the vehicle across county lines to the county where the tower and owner or operator resides. (b) A tower operating for the limited purpose in subsection (a) is not subject to the provisions of this Chapter. (c) Subsection (a) does not apply to towers that legally reside in both counties.
(Source: P.A. 96-309, eff. 1-1-10.) |
(625 ILCS 5/18d-118) Sec. 18d-118. Liens against personal property in a towed vehicle. (a) All child restraint systems, as defined in Section 4 of the Child Passenger Protection Act, and other child booster seats; eyeglasses; food; medicine; or personal medical and health care devices, including hearing instruments; perishable property; any operator's licenses; any cash, credit cards, or checks or checkbooks; any wallet, purse, or other property containing any operator's license, social security card, or other identifying documents or materials, cash, credit cards, checks or checkbooks, or passbooks; higher education textbooks and study materials in a vehicle towed pursuant to this Chapter shall be exempt from a lien under the Labor and Storage Lien (Small Amount) Act and may be reclaimed by the vehicle owner or operator or the spouse, parent, child, or sibling of the vehicle owner or operator, as long as the related person provides the commercial vehicle safety relocator written authorization from the owner of the personal property. (b) Other personal property in a relocated vehicle, excluding cargo, is exempt from a lien under the Labor and Storage Lien (Small Amount) Act and may be claimed by the owner of such personal property, or by the spouse, child, parent, or sibling of the owner of such personal property, as long as the related person provides the commercial vehicle safety relocator written authorization from the owner of such personal property, and provided the vehicle owner or related person provides the commercial vehicle safety relocator with proof that the vehicle owner has an insurance policy sufficient to pay applicable recovery, towing, and storage charges. Notwithstanding other provisions of this Code, cargo shall be subject to the tower's lien. The regulation of liens on personal property and exceptions to those liens in the case of vehicles towed as a result of being involved in a crash are exclusive powers and functions of the State. A home rule unit may not regulate liens on personal property and exceptions to those liens in the case of vehicles towed as a result of being involved in a crash. This Section is a denial and limitation of home rule powers and functions under subsection (h) of Section 6 of Article VII of the Illinois Constitution. (Source: P.A. 104-133, eff. 1-1-26.) |
(625 ILCS 5/18d-119) Sec. 18d-119. Making false statement; power to deny application and revoke registration. (a) The Commission may deny, suspend, or revoke a commercial vehicle safety relocator registration if the applicant or licensee is found to have made a materially false statement or a material omission in a filing with the Commission, if the applicant has applied as a subterfuge for another party in interest, or if the applicant's business is operated, managed, or otherwise controlled by a person who was not disclosed on the application. (b) The Commission shall not issue a commercial vehicle safety relocator registration to an applicant who has been denied or revoked pursuant to subsection (a) for a period of up to 3 years from the date the application was denied or registration was revoked.(Source: P.A. 104-133, eff. 1-1-26.) |
(625 ILCS 5/18d-120) Sec. 18d-120. Disclosure to vehicle owner or operator before towing of damaged or disabled vehicle commences. (a) A commercial vehicle safety relocator shall not commence the towing of a damaged or disabled vehicle without specific authorization from the vehicle owner or operator after the disclosures set forth in this Section. (b) Every commercial vehicle safety relocator shall, before towing a damaged or disabled vehicle, give to each vehicle owner or operator a written disclosure providing: (1) The formal business name of the commercial | ||
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(2) The address of the location to which the vehicle | ||
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(3) The cost of all relocation, storage, and any | ||
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(4) An itemized description of the vehicle owner or | ||
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"As a customer, you also have the following rights under Illinois law: (1) This written disclosure must be provided to you | ||
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(2) Before towing, you must be advised of the price | ||
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(3) Upon your demand, a final invoice itemizing all | ||
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(4) Upon your demand, your vehicle must be returned | ||
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(5) You have the right to pay all charges in cash or | ||
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(6) Upon your demand, you must be provided with proof | ||
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(c) The commercial vehicle safety relocator shall provide a copy of the completed disclosure required by this Section to the vehicle owner or operator, before towing the damaged or disabled vehicle, and shall maintain an identical copy of the completed disclosure in its records for a minimum of 5 years after the transaction concludes. (d) If the vehicle owner or operator is incapacitated, incompetent, or otherwise unable to knowingly accept receipt of the disclosure described in this Section, the commercial vehicle safety relocator shall provide a completed copy of the disclosure to local law enforcement and, if known, the vehicle owner or operator's automobile insurance company. (e) If the commercial vehicle safety relocator fails to comply with the requirements of this Section, the commercial vehicle safety relocator shall be prohibited from seeking any compensation whatsoever from the vehicle owner or operator, including but not limited to any towing, storage, or other incidental fees. Furthermore, if the commercial vehicle safety relocator or operator fails to comply with the requirements of this Section, any contracts entered into by the commercial vehicle safety relocator and the vehicle owner or operator shall be deemed null, void, and unenforceable. (f) The authorization and disclosures required under this Section are not required if a tow was authorized by a law enforcement agency or officer, as evidenced by a tow sheet issued by the law enforcement agency or officer. If no tow sheet was issued by the authorizing law enforcement agency or officer, then the evidence may be presented through records of the safety relocator showing the date and time of authorization, the department and star or badge number of the officer from whom authorization was received, and the incident report number assigned by the law enforcement agency or officer. (Source: P.A. 104-133, eff. 1-1-26.) |
(625 ILCS 5/18d-121) Sec. 18d-121. Vehicle relocation. (a) All vehicles subject to this Chapter shall be relocated to a storage and redemption lot registered with the Commission unless the owner or operator requests another location in writing. This subsection shall not apply to vehicles relocated pursuant to authorization from a law enforcement agency or official. (b) Vehicles subject to this Chapter shall be released only after payment of applicable recovery, towing, and storage charges, as long as the charges were disclosed in compliance with Section 18d-120 or are exempt from disclosure under subsection (f) of Section 18d-120.(Source: P.A. 104-133, eff. 1-1-26.) |
(625 ILCS 5/18d-125)
Sec. 18d-125. Disclosures to vehicle owners or operators;
invoices. (a) Upon demand of the vehicle owner or operator, the
commercial vehicle safety relocator shall provide an
itemized final invoice that fairly and accurately documents the
charges owed by the vehicle owner or operator for relocation of
damaged or disabled vehicles. The final estimate or invoice
shall accurately record in writing all of the items set forth
in this Section. (b) The final invoice shall show the formal business name
of the commercial vehicle safety relocator, as
registered with the Illinois Secretary of State, its business
address and telephone number, the date of the invoice, the
odometer reading at the time the final invoice was prepared,
the name of the vehicle owner or operator, and the description
of the motor vehicle, including the motor vehicle
identification number. In addition, the invoice shall describe
any modifications made to the vehicle by the commercial vehicle
safety relocator, any observable damage to the vehicle
upon its initial receipt by the commercial vehicle safety relocator,
and any observable damage to the vehicle at the time
of its release to the vehicle owner or operator. The invoice
shall itemize any additional charges and include those charges
in the total presented to the vehicle owner or operator. (c) A legible copy of the invoice shall be given to the
vehicle owner or operator, and a legible copy shall be retained
by the commercial vehicle safety relocator for a period of 5 years from
the date of release of the vehicle. The copy may be retained in
electronic format. Records may be stored at a separate
location. (d) Disclosure forms required in accordance with this Section 18d-120 must be approved by the Commission.
(Source: P.A. 95-562, eff. 7-1-08.) |
(625 ILCS 5/18d-130)
Sec. 18d-130. Disclosures to vehicle owners or operators;
required signs. Every commercial vehicle safety relocator's
storage facility that relocates or stores damaged or
disabled vehicles shall post, in a prominent place on the
business premises, one or more signs, readily visible to
customers, in the following form: YOUR CUSTOMER RIGHTS. YOU ARE ENTITLED BY LAW TO:
1. BEFORE TOWING, A WRITTEN DISCLOSURE STATING THE | ||
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2. BEFORE TOWING, THE PRICE OF ALL CHARGES FOR THE | ||
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3. UPON YOUR DEMAND FOR THE RETURN OF YOUR VEHICLE, A | ||
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4. THE RETURN OF YOUR VEHICLE, UPON YOUR DEMAND FOR | ||
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5. PAY ALL CHARGES IN CASH OR BY MAJOR CREDIT CARD. 6. UPON YOUR DEMAND, PROOF OF THE EXISTENCE OF | ||
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The first line of each sign shall be in letters not less
than 1.5 inches in height, and the remaining lines shall be in
letters not less than one-half inch in height.
(Source: P.A. 95-562, eff. 7-1-08.) |
(625 ILCS 5/18d-135)
Sec. 18d-135. Record keeping. Every commercial vehicle
safety relocator engaged in relocation or storage of
damaged or disabled vehicles shall maintain copies of (i) all
disclosures provided to vehicle owners or operators as required
under this Chapter and (ii) all invoices provided to vehicle
owners or operators as required under this Chapter. The
copies may be maintained in an electronic format, shall be kept
for 5 years, and shall be available for inspection by the
Illinois Commerce Commission. Failure to provide requested documentation to the Illinois Commerce Commission within 3 business days of a request received from the Illinois Commerce Commission shall subject the commercial vehicle safety relocator to penalties imposed by the Illinois Commerce Commission. Penalties may include suspension of registration certificate and monetary fines up to $1,000 for each violation.
(Source: P.A. 95-562, eff. 7-1-08.) |
(625 ILCS 5/18d-140)
Sec. 18d-140. Any vehicle used in connection with any commercial vehicle safety relocation service must have painted or firmly affixed to the vehicle on both sides of the vehicle in a color or colors vividly contrasting to the color of the vehicle the name, address, and telephone number of the safety relocator. The Commission shall prescribe reasonable rules and regulations pertaining to insignia to be painted or firmly affixed to vehicles.
(Source: P.A. 95-562, eff. 7-1-08.) |
(625 ILCS 5/18d-145)
Sec. 18d-145. Any vehicle used in connection with any commercial vehicle safety relocation service must carry in the power unit of the vehicle a certified copy of the currently effective safety relocator's registration certificate. Copies may be photographed, photocopied, or reproduced or printed by any other legible and durable process. Any person guilty of not causing to be displayed a copy of the safety relocator's registration certificate may in any hearing concerning the violation be excused from the payment of the penalty hereinafter provided upon a showing that the registration certificate was issued by the Commission, but was subsequently lost or destroyed.
(Source: P.A. 95-562, eff. 7-1-08.) |
(625 ILCS 5/18d-150)
Sec. 18d-150. Waiver or limitation of liability
prohibited. (a) Commercial vehicle safety relocators engaged in
the relocation or storage of damaged or disabled vehicles shall
be prohibited from including a clause in contracts for the
relocation or storage of vehicles purporting to waive or limit
the commercial vehicle safety relocator's liability
under this Code, in tort or contract, or under any other
cognizable cause of action available to the vehicle owner or
operator. (b) Commercial vehicle safety relocators are
prohibited from requiring the vehicle owner or operator to sign
or agree to any document purporting to waive or limit the
commercial vehicle safety relocator's liability under
this Code, in tort or contract, or under any other cognizable
cause of action available to the vehicle owner or operator. (c) Any contract, release, or other document purporting to
waive or limit the commercial vehicle safety relocator's
liability under this Code, in tort or contract, or under any
other cognizable cause of action available to the vehicle owner
or operator, shall be deemed null, void, and unenforceable.
(Source: P.A. 95-562, eff. 7-1-08.) |
(625 ILCS 5/18d-153) Sec. 18d-153. Misrepresentation of affiliation. It shall be unlawful for any tower to misrepresent an affiliation with the State, a unit of local government, an insurance company, a private club, or any other entity, or falsely claim to be included on a law enforcement agency's tow rotation list maintained under Section 4-203.5 of this Code, for the purpose of securing a business transaction with a vehicle owner or operator.
(Source: P.A. 99-438, eff. 1-1-16.) |
(625 ILCS 5/18d-155) Sec. 18d-155. (a) The Commission may demand documentation or investigate business practices by a commercial vehicle safety relocator to determine compliance with this Chapter and rules adopted by the Commission pursuant to this Chapter. (b) Failure to comply with any Section of this Chapter, or any rules adopted by the Commission pursuant to this Chapter, as determined by the Commission shall subject a commercial vehicle safety relocator to penalties imposed by the Commission. Penalties may include suspension or revocation of registration certificate and monetary fines and civil penalties up to $1,000 for each violation. Each day of a continuing violation of subsection (a) of this Section shall be a separate violation. (c) In addition to a person or entity deemed to be a commercial vehicle safety relocator pursuant to Section 18d-105, any officer of a corporation, manager of a limited liability company, partner of a partnership, or employee or agent of any such entity who knowingly permits a commercial vehicle safety relocator to violate provisions of this Chapter or rules adopted by the Commission pursuant to this Chapter shall be subject to penalties as provided in this Section. (d) Every commercial vehicle safety relocator must designate and maintain a registered agent for service of process. The registered agent must have a physical address within the State where the registered agent can receive legal documents and official notices. This address must be a physical location, not a post office box, and must be open and staffed during regular business hours. (Source: P.A. 104-133, eff. 1-1-26.) |
(625 ILCS 5/18d-157) Sec. 18d-157. Vehicle impoundment. (a) The Commission police may seize and impound a tow truck by authorizing the towing and storage of the tow truck where the officer has probable cause to believe that: (1) the tow truck is being used, or was used, to | ||
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(2) the registered owner of the tow truck owes past | ||
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(b) At the time the vehicle is towed, the officer ordering the tow shall provide to the person in control of the tow truck a copy of the vehicle impoundment report. The Commission shall mail a notice of impoundment to all registered owners and lienholders within 2 business days after the date the vehicle was impounded if the vehicle is registered in this State. If the vehicle is registered in a jurisdiction other than this State, the Commission shall request owner and lienholder information from the appropriate agency within 2 business days after the date the vehicle was impounded and shall mail a notice of impoundment to all registered owners and lienholders within 2 business days after receiving the information. Notices shall be mailed by certified mail, return receipt requested, to the addresses on file with the Secretary of State, or in the case of a foreign-registered vehicle, to the addresses on file with the State where the vehicle is registered. At minimum, the notice of impoundment shall contain: (1) in bold typeface, a heading with the words | ||
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(2) a description of the impounded tow truck; (3) the reason for impoundment; (4) the location where the impounded tow truck is | ||
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(5) the potential fines, civil penalties, and fees | ||
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(6) procedures to request a hearing before the | ||
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(7) a notice that if the tow truck remains unclaimed, | ||
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(c) Before a vehicle impounded under this Section may be released, the owner or lienholder must obtain a release from the Commission and pay all storage and towing fees to the towing service. To obtain a release from the Commission, the owner or lienholder shall furnish to the Commission proof of ownership, such as title, vehicle registration, or bill of sale, or right to possession of the vehicle and valid identification, and: (1) pay the $1,000 administrative fine plus any fines | ||
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(2) post a bond in the amount of the $1,000 | ||
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(3) request a hearing. A release shall not be issued | ||
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Fines and civil penalties and posting of bond may be paid by certified or cashier's check or money order. (d) A request for hearing shall, unless otherwise provided for by the Commission, be mailed to the Commission within 15 calendar days after the mailing date of the notice of impoundment. The Commission shall conduct a hearing within 10 business days after receipt of a request for hearing. The Commission shall determine, by a preponderance of the evidence, whether the vehicle should be released without payment of the administrative fine and any fines for concurrent violations. The failure of the owner of record to appear at the hearing or to request a continuance in a timely manner shall be deemed a waiver of the right to a hearing, and a default order in favor of the Commission may be entered. If, after the hearing, the Commission determines that the vehicle should be released without payment of the administrative fine and any fines for concurrent violations, any bond posted shall be refunded. If, after the hearing, the Commission determines that the vehicle should not be released without payment of the administrative fine and any fines for concurrent violations, the bond shall be forfeited to the Commission in the amount of the fines, civil penalties, and fees owed, and any surplus shall be refunded. Fines, civil penalties, and fees imposed pursuant to this Chapter shall constitute a debt owed to the Commission, which may be enforced in any manner provided for by law. Any cash bond posted pursuant to this Section shall be applied to the fines, civil penalties, and fees owed. (e) Except as otherwise provided in this Section, a vehicle shall continue to be impounded until: (1) the vehicle has been reclaimed pursuant to | ||
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(2) the vehicle or equipment is deemed unclaimed. (f) Any vehicle not reclaimed within 10 working days after the expiration of the time during which the owner of record may seek judicial review of the Commission's action, or within 10 working days after a final judgment in favor of the Commission, may be disposed of as an unclaimed vehicle in accordance with Sections 4-208 and 4-209.(Source: P.A. 104-133, eff. 1-1-26.) |
(625 ILCS 5/18d-158) Sec. 18d-158. Failure to satisfy fines or penalties; referral to Secretary of State. (a) In addition to any other remedies provided by law, the Commission may report any person with unpaid fees, fines, or penalties issued by the Commission to the Secretary of State for suspension of the person's tow truck registrations. (b) Prior to referral under this Section, the Commission shall issue a final demand for payment which shall clearly state that failure to pay the outstanding fines or penalties by the date provided in the demand will result in a referral to the Secretary of State for the suspension of that person's tow truck registrations in accordance with Section 3-704.4.(Source: P.A. 104-133, eff. 1-1-26.) |
(625 ILCS 5/18d-160)
Sec. 18d-160. Unlawful practice. Any commercial vehicle
safety relocator engaged in the relocation or storage of
damaged or disabled vehicles who fails to comply with Sections
18d-115, 18d-120, 18d-125, 18d-130, 18d-135, 18d-150, or 18d-153 of this Code
commits an unlawful practice within the meaning of the Consumer
Fraud and Deceptive Business Practices Act.
(Source: P.A. 95-562, eff. 7-1-08; 96-1369, eff. 1-1-11.) |
(625 ILCS 5/18d-165)
Sec. 18d-165. Charges payable in cash or by major credit
card. Any towing or storage charges accrued by the vehicle
owner or operator shall be payable by the use of any major
credit card, in addition to being payable in cash.
(Source: P.A. 95-562, eff. 7-1-08.) |
(625 ILCS 5/18d-170)
Sec. 18d-170. Mandatory insurance coverage. (a) A commercial vehicle safety relocator shall
provide insurance coverage for all risks associated with the
transportation of vehicles towed under this Chapter, as well as
for areas where vehicles towed under this Chapter are impounded
or otherwise stored, and shall adequately cover loss by fire,
theft, or other risks. (b) Upon the demand of the vehicle owner or operator, a
commercial vehicle safety relocator shall promptly supply
proof of the existence of this insurance. (c) Any person who fails to comply with the conditions and
restrictions of this subsection shall be fined not less than $100 nor more than
$500.
(Source: P.A. 95-562, eff. 7-1-08.) |
(625 ILCS 5/18d-175)
Sec. 18d-175. Disposition of funds. All fees and fines collected by the Commission under this Chapter shall be paid into the Transportation Regulatory Fund in the State treasury. The money in that fund shall be used to defray the expenses of the administration of this Chapter.
(Source: P.A. 95-562, eff. 7-1-08.) |
(625 ILCS 5/18d-180)
Sec. 18d-180. The provisions of this Chapter apply to all the activities of safety relocators in any jurisdiction to which Chapter 18a of this Code applies in accordance with Section 18a-700.
(Source: P.A. 95-562, eff. 7-1-08.) |