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Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
() 625 ILCS 5/6-707
(625 ILCS 5/6-707) (from Ch. 95 1/2, par. 6-707)
Sec. 6-707.
Entry into Force and Withdrawal.
(a) This compact shall enter into force and become effective as to any
state when it has enacted the same into law.
(b) Any party state may withdraw from this compact by enacting a statute
repealing the same, but no such withdrawal shall take effect until 6 months
after the executive head of the withdrawing state has given notice of the
withdrawal to the executive heads of all other party states. No withdrawal
shall affect the validity or applicability by the licensing authorities of
states remaining party to the compact of any report of conviction occurring
prior to the withdrawal.
(Source: P.A. 76-1615.)
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625 ILCS 5/6-708
(625 ILCS 5/6-708) (from Ch. 95 1/2, par. 6-708)
Sec. 6-708. Construction and Severability. (a) This compact shall be liberally construed so as to effectuate the
purposes thereof. The provisions of this compact shall be severable and if
any phrase, clause, sentence or provision of this compact is declared to be
contrary to the constitution of any party state or of the United States or
the applicability thereof to any government, agency, person or circumstance
is held invalid, the validity of the remainder of this compact and the
applicability thereof to any government, agency, person or circumstance
shall not be affected thereby. If this compact shall be held contrary to
the constitution of any state party thereto, the compact shall remain in
full force and effect as to the remaining states and in full force and
effect as to the state affected as to all severable matters.
(b) As used in the compact, the term "licensing authority" with
reference to this state, means the Secretary of State. The Secretary of
State shall furnish to the appropriate authorities of any other party state
any information or documents reasonably necessary to facilitate the
administration of Sections 6-702, 6-703 and 6-704 of the compact.
(c) The compact administrator provided for in Section 6-706 of the
compact shall not be entitled to any additional compensation on account of
his service as such administrator, but shall be entitled to expenses
incurred in connection with his duties and responsibilities as such
administrator, in the same manner as for expenses incurred in connection
with any other duties or responsibilities of his office or employment.
(d) As used in the compact, with reference to this state, the term
"executive head" shall mean the Governor.
(e) The phrase "manslaughter or negligent homicide," as used in
subparagraph (1) of paragraph (a) of Section 6-703 of the compact includes
the offense of reckless homicide as defined in Section 9-3 of the Criminal
Code of 1961 or the Criminal Code of 2012, or in any predecessor
statute, as well as the offenses of second degree murder and involuntary
manslaughter.
The offense described in subparagraph (2) of paragraph (a) of Section
6-703 of the compact includes any violation of Section 11-501 of this
Code or any similar provision of a local ordinance.
The offense described in subparagraph (4) of paragraph (a) of Section
6-703 of the compact includes any violation of paragraph (a) of Section
11-401 of this Code.
(Source: P.A. 97-1150, eff. 1-25-13.)
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625 ILCS 5/Ch. 6 Art. VIII
(625 ILCS 5/Ch. 6 Art. VIII heading)
ARTICLE VIII.
NONRESIDENT VIOLATOR COMPACT
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625 ILCS 5/6-800
(625 ILCS 5/6-800) (from Ch. 95 1/2, par. 6-800)
Sec. 6-800.
The Nonresident Violator Compact, hereinafter referred to
as the Compact, is hereby enacted into law and entered into with all other
jurisdictions legally joining therein.
(Source: P.A. 83-385.)
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625 ILCS 5/6-801
(625 ILCS 5/6-801) (from Ch. 95 1/2, par. 6-801)
Sec. 6-801.
Findings, Declaration of Policy and Purpose.
(a) The party
jurisdictions find that:
1. In most instances, a motorist who is cited for a traffic violation
in a jurisdiction other than the motorist's home jurisdiction:
(i) Must post collateral or bond to secure appearance for trial at a later date; or
(ii) If unable to post collateral or bond, is taken into custody until
the collateral or bond is posted; or
(iii) Is taken directly to court for immediate disposition.
2. A motorist receiving a traffic citation in the motorist's home jurisdiction
is permitted, except for certain violations, to accept the citation from the
officer at the scene of the violation, voluntarily deposit a valid driver's
license and immediately continue after promising or being instructed to
comply with the terms of the citation.
3. The purpose of the practices described in subsections 1 and 2 of paragraph
(a) is to ensure compliance with the terms of a traffic citation by the
motorist who, if permitted to continue after receiving the traffic citation,
could return to the motorist's home jurisdiction and disregard any duty
under the terms of the traffic citation.
4. The practice described in subsection 1 of paragraph (a) causes unnecessary
inconvenience and, at times, a hardship for the motorist who is unable at
the time to post collateral, furnish a bond, stand trial, or pay the fine,
and thus is compelled to remain in custody until some arrangement can be made.
5. The deposit of a driver's license as a bail bond, as described in subsection
2 of paragraph (a), is viewed with disfavor.
6. The practices described herein consume an undue amount of law enforcement time.
(b) It is the policy of the party jurisdictions to:
1. Seek compliance with the laws, ordinances, and administrative rules
and regulations relating to the operation of motor vehicles in each of
the jurisdictions.
2. Allow a motorist to accept a traffic citation for certain violations
and proceed without delay whether or not the motorist is a resident of the
jurisdiction in which the citation was issued.
3. Extend cooperation to its fullest extent among the jurisdictions for
obtaining compliance with the terms of a traffic citation issued in one
jurisdiction to a resident of another jurisdiction.
4. Maximize effective utilization of law enforcement personnel and assist
court systems in the efficient disposition of traffic violations.
(c) The purpose of the Compact is to:
1. Provide a means through which the party jurisdictions may participate
in a reciprocal program to effectuate the policies enumerated in paragraph
(b) above in a uniform and orderly manner.
2. Provide for the fair and impartial treatment of traffic violators operating
within party jurisdictions in recognition of the motorist's right of due
process and the sovereign status of a party jurisdiction.
(Source: P.A. 83-385.)
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625 ILCS 5/6-802
(625 ILCS 5/6-802) (from Ch. 95 1/2, par. 6-802)
Sec. 6-802.
Definitions.
In the Nonresident Violator Compact, the following
words have the meanings indicated, unless the context requires otherwise.
1. "Citation" means any summons, ticket, or other official document issued
by a police officer for a traffic violation containing an order which requires
the motorist to respond.
2. "Collateral" means any cash or other security deposited to secure an
appearance for trial, following the issuance by a police officer of a citation
for a traffic violation.
3. "Court" means a court of law or traffic tribunal.
4. "Driver's license" means any license or privilege to operate a motor
vehicle issued under the laws of this State.
5. "Home Jurisdiction" means the jurisdiction that issued the driver's
license of the traffic violator.
6. "Issuing jurisdiction" means the jurisdiction in which the traffic
citation was issued to the motorist.
7. "Jurisdiction" means a state, territory, or possession of the United
States, the District of Columbia, or the Commonwealth of Puerto Rico.
8. "Motorist" means a driver of a motor vehicle operating in a party jurisdiction.
9. "Personal recognizance" means an agreement by a motorist made at the
time of issuance of the traffic citation that such motorist will comply
with the terms of that traffic citation.
10. "Police officer" means every officer authorized to make arrests and
issue citations for traffic violations.
11. "Secretary" means the Illinois Secretary of State.
12. "Terms of the citation" means those options expressly stated upon the citation.
(Source: P.A. 83-385.)
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625 ILCS 5/6-803
(625 ILCS 5/6-803) (from Ch. 95 1/2, par. 6-803)
Sec. 6-803. Procedure for issuing jurisdiction. (a) When issuing a citation
for a traffic violation, a police officer shall issue the citation
to a motorist who possesses a valid driver's license issued by a party
jurisdiction
and shall not, subject to paragraph (b) of this
Section, require the motorist to post collateral to secure appearance, if
the officer receives the motorist's personal recognizance to comply with
the terms of the citation.
(b) Personal recognizance is acceptable only if not prohibited by law.
If mandatory appearance is required, it must take place according to law,
following issuance of the citation.
(c) Upon failure of a motorist to comply with the terms of a traffic citation,
the appropriate official shall report the failure to comply, in a manner
prescribed by the Secretary, to the licensing authority of the jurisdiction
in which the traffic citation was issued. The report shall be made in accordance
with procedures specified by the Secretary and shall contain information
as specified by the Secretary as minimum requirements for effective processing
by the home jurisdiction.
(d) Upon receipt of the report, the Secretary shall transmit to the licensing
authority in the home jurisdiction of the motorist the information in a
form and content as contained in the Compact Manual.
(e) The Secretary may not suspend the privileges of a motorist for whom
a report has been transmitted, under the terms of this Compact, to another
member jurisdiction.
(f) The Secretary shall not transmit a report on any violation if the
date of transmission is more than 6 months after the date on which the traffic
citation was issued.
(g) The Secretary shall not transmit a report on any violation where the
date of issuance of the citation predates the most recent of the effective
dates of entry for the two jurisdictions affected.
(Source: P.A. 100-674, eff. 1-1-19 .)
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625 ILCS 5/6-804
(625 ILCS 5/6-804) (from Ch. 95 1/2, par. 6-804)
Sec. 6-804.
Procedure for Home Jurisdiction.
(a) Upon receipt of a
report of a failure to comply from the Secretary, the licensing authority
of the home jurisdiction shall notify the motorist and initiate a suspension
action in accordance with the home jurisdiction's procedures to suspend
the motorist's driver's license until satisfactory
evidence of compliance with the terms of the traffic citation has been furnished
to the Secretary. Due process safeguards will be accorded.
(b) The Secretary shall maintain a record of actions taken and make reports
to issuing jurisdictions as provided in the Compact Manual.
(Source: P.A. 83-385.)
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625 ILCS 5/6-805
(625 ILCS 5/6-805) (from Ch. 95 1/2, par. 6-805)
Sec. 6-805.
Applicability of Other Laws.
Except as expressly required
by provisions of this Compact, nothing contained herein shall be construed
to affect the right of any party jurisdiction to apply any of its other
laws relating to licenses to drive to any person or circumstance, or to
invalidate or prevent any driver license agreement or other cooperative
agreement between a party jurisdiction and a nonparty jurisdiction.
(Source: P.A. 83-385.)
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625 ILCS 5/6-806
(625 ILCS 5/6-806) (from Ch. 95 1/2, par. 6-806)
Sec. 6-806.
Compact Administrator Procedures.
(a) For the purpose of
administering the provisions of this Compact and to serve as a governing
body for the resolution of all matters relating to the operation of this
Compact, a Board of Compact Administrators is established. The Board shall
be composed of one representative from each party jurisdiction to be known
as the Compact Administrator. The Compact Administrator shall be appointed
by the Secretary and will serve and be subject to removal in accordance
with the laws of the jurisdiction represented. A Compact Administrator
may provide for the discharge of duties and the performance of the functions
as a Board Member to an alternate. An alternate may not be entitled to
serve unless written identification notice has been given to the Board.
(b) Each member of the Board of Compact Administrators shall be entitled
to one vote. No action of the Board shall be binding unless taken at a
meeting at which a majority of the total number of votes on the Board are
cast in favor. Action by the Board shall be only at a meeting at which
a majority of the party jurisdictions are represented.
(c) The Board shall elect annually, from its membership, a Chairman and Vice Chairman.
(d) The Board shall adopt bylaws, not inconsistent with the provisions
of this Compact or the laws of a party jurisdiction, for the conduct of
its business and shall have the power to amend and rescind its bylaws.
(e) The Board may accept, for any of its purposes and functions under
this Compact, any and all donations, grants of money, equipment, supplies,
materials and services, conditional or otherwise, from any jurisdiction,
the United States, or any other governmental agency, and may receive, utilize
and dispose of the same.
(f) The Board may contract with, or accept services or personnel from,
any governmental or intergovernmental agency, person, firm, or corporation,
or any private nonprofit organization or institution.
(g) The Board shall formulate all necessary procedures and develop uniform
forms and documents for administering the provisions of this Compact. All
procedures and forms adopted pursuant to Board action shall be contained
in the Compact Manual.
(Source: P.A. 83-385.)
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625 ILCS 5/6-807
(625 ILCS 5/6-807) (from Ch. 95 1/2, par. 6-807)
Sec. 6-807.
Entry into Compact and Withdrawal.
(a) This Compact shall
become effective when it has been adopted by at least 2 jurisdictions.
(b) Entry into the Compact shall be made by a Resolution of Ratification
executed by the Secretary and submitted to the Chairman of the Board.
1. The resolution shall be in a form and content as provided in the Compact
Manual and shall include statements that in substance are as follows:
(i) A citation of the authority by which the jurisdiction is empowered
to become a party to this Compact.
(ii) Agreement to comply with the terms and provisions of the Compact.
(iii) That Compact entry is with all jurisdictions then party to the Compact
and with any jurisdiction that legally becomes a party to the Compact.
2. The effective date of entry shall be specified by the Secretary, but
it shall not be before July 1, 1984 nor fewer than 60 days after notice
has been given by the Chairman of the Board of Compact Administrators or
by the American Association of Motor Vehicle Administrators that each party
jurisdiction has received the Secretary's resolution.
A withdrawal shall not take effect until 90 days after notice of withdrawal
is given. The notice shall be directed to the Compact Administrator of
each member jurisdiction. No withdrawal shall affect the validity of this
Compact as to the remaining party jurisdictions.
(Source: P.A. 83-385.)
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625 ILCS 5/6-808
(625 ILCS 5/6-808) (from Ch. 95 1/2, par. 6-808)
Sec. 6-808.
Exceptions.
The provisions of this Compact shall not apply
to parking or standing violations, highway weight limit violations, or to
violations of law governing the transportation of hazardous materials.
(Source: P.A. 83-385.)
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625 ILCS 5/6-809
(625 ILCS 5/6-809) (from Ch. 95 1/2, par. 6-809)
Sec. 6-809.
Amendments to the Compact.
(a) This Compact may be amended
from time to time. Amendments shall be presented in resolution form to
the Chairman of the Board of Compact Administrators and may be initiated
by one or more party jurisdictions.
(b) Adoption of an amendment shall require endorsement of all party jurisdictions
and shall become effective 30 days after the date of the last endorsement.
(c) Failure of a party jurisdiction to respond to the Compact Chairman
within 12 days after receipt of the proposed amendment shall constitute endorsement.
(Source: P.A. 83-385.)
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625 ILCS 5/6-810
(625 ILCS 5/6-810) (from Ch. 95 1/2, par. 6-810)
Sec. 6-810.
Construction.
This Compact shall be liberally construed
so as to effectuate the purposes stated herein.
If this Compact shall be held contrary to the Constitution of any jurisdiction
party thereto, the Compact shall remain in full force and effect as to the
remaining jurisdictions.
(Source: P.A. 83-385.)
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625 ILCS 5/Ch. 6 Art. IX
(625 ILCS 5/Ch. 6 Art. IX heading)
ARTICLE IX.
DRIVER'S LICENSE MEDICAL REVIEW LAW OF 1992
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625 ILCS 5/6-900
(625 ILCS 5/6-900) (from Ch. 95 1/2, par. 6-900)
Sec. 6-900.
Short title.
This Article may be cited as the Driver's
License Medical Review Law of 1992.
(Source: P.A. 87-1249.)
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625 ILCS 5/6-901
(625 ILCS 5/6-901) (from Ch. 95 1/2, par. 6-901)
Sec. 6-901. Definitions. For the purposes of this
Article:
"Board" means the Driver's License Medical Advisory Board.
"Medical examiner" or "medical practitioner" means: (i) any person licensed to practice medicine in all | | its branches in the State of Illinois or any other state;
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(ii) a licensed physician assistant; or
(iii) a licensed advanced practice registered nurse.
(Source: P.A. 99-173, eff. 7-29-15; 100-513, eff. 1-1-18 .)
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625 ILCS 5/6-902
(625 ILCS 5/6-902) (from Ch. 95 1/2, par. 6-902)
Sec. 6-902.
Driver's License Medical Advisory Board; membership; terms;
compensation; meetings.
(a) There is established within the Office of the Secretary of State a
Driver's License Medical Advisory Board consisting of at least 9 members
appointed by the Secretary. Members' terms of service shall be set by the
Secretary at his or her discretion. The members of the Board shall receive
compensation from the Secretary at a rate per day designated by the Secretary
for each day required for transacting business of the Board and shall be
reimbursed for expenses reasonably incurred in the performance of their duties.
The Secretary may also call in allied medical personnel to advise and consult
with the Board. The Secretary shall select one of the members to act as
Chairperson.
(b) The Board, or any of its subdivisions, may meet at any place within
the State and shall meet at the call of the Secretary as frequently as he
or she deems necessary in order to properly discharge the functions
prescribed by this Act.
(Source: P.A. 87-1249.)
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625 ILCS 5/6-903
(625 ILCS 5/6-903) (from Ch. 95 1/2, par. 6-903)
Sec. 6-903.
Standard for determining medical limitation; records.
(a) The Secretary in cooperation with the Board shall establish standards
for determining the degree to which a person's medical condition
constitutes a limitation to the person's ability to operate a motor vehicle
or causes the person to be a driving hazard.
(b) The standards may include, but need not be limited to, the following:
(1) Physical disorders characterized by momentary or | | prolonged lapses of consciousness or control.
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(2) Disorders and impairments affecting the
| | cardiovascular functions.
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(3) Musculoskeletal disabilities and disorders
| | affecting musculoskeletal functions.
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(4) Vision and disorders affecting vision.
(5) The use of or dependence upon alcohol or drugs.
(6) The extent to which compensatory aids and devices
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(7) Conditions or disorders that medically impair a
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(Source: P.A. 87-1249.)
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625 ILCS 5/6-904
(625 ILCS 5/6-904) (from Ch. 95 1/2, par. 6-904)
Sec. 6-904.
Referral of cases by the Secretary.
The Secretary shall,
when he or she has good cause to believe an individual by reason of a
medical limitation would not be able to operate a motor vehicle safely,
refer a case to the Board for consideration.
(Source: P.A. 87-1249.)
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625 ILCS 5/6-905
(625 ILCS 5/6-905) (from Ch. 95 1/2, par. 6-905)
Sec. 6-905.
Medical evaluations of individuals under review; scope of
driving privileges; report to the Secretary.
(a) Within the scope of the case request, as sent by the Secretary, a
function of the Board shall be to make medical evaluations of the
individual under review and determine what medical conditions exist that
may impair the individual's ability to operate a motor vehicle safely.
(b) Based on the medical evaluations and determination under subsection (a)
and in accordance with established standards, the Board shall, among other
things, indicate the scope of driving privileges that would enable the
individual under review to operate a motor vehicle safely, including the extent
to which compensatory aids and devices must be used and the need for ongoing
review or evaluation.
(c) The findings, determination, and recommendations of the Board or its
subdivisions shall be forwarded to the Secretary who shall then take the
action in accordance with the Board's recommendation.
(Source: P.A. 87-1249.)
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625 ILCS 5/6-906
(625 ILCS 5/6-906) (from Ch. 95 1/2, par. 6-906)
Sec. 6-906.
Request for a hearing.
(a) After utilizing all possible review by the Board under this Act or
any regulation promulgated by the Secretary, any person who has their
driver's license restricted or canceled or is otherwise denied a license has
a right to request a hearing under Section 2-118 of this Code. The request for
a hearing shall be in writing.
(b) The Secretary shall prescribe by rule and regulation the procedures
to be followed at the hearing.
(Source: P.A. 87-1249.)
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625 ILCS 5/6-907
(625 ILCS 5/6-907) (from Ch. 95 1/2, par. 6-907)
Sec. 6-907.
Cooperation required of person under review.
(a) In making an inquiry or conducting a hearing the Secretary or Board
may require the person under review to:
(1) Submit to a medical examination by a medical | | examiner of the person's choice who is acceptable to the Secretary or Board.
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(2) Submit to a medical examination by an impartial
| | medical examiner after the person has submitted information from that person's own medical examiner.
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(3) Consent to make available to the Secretary or
| | Board all medical records pertaining to the reported conditions that may be necessary to aid the Board in formulating its findings and recommendations.
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(b) Any person under review who refuses to submit to an examination or to
consent to provide information, or both, shall as a matter of law be
considered unqualified to operate a motor vehicle until the individual
complies with the Secretary's or Board's request and the Board is able to
make its findings and recommendations, at which time the findings and
recommendations shall control.
(c) The results of any examination ordered or conducted by the Secretary
or the Board shall be made available to the individual under review.
(Source: P.A. 87-1249.)
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625 ILCS 5/6-908
(625 ILCS 5/6-908) (from Ch. 95 1/2, par. 6-908)
Sec. 6-908. Confidential information. As provided in subsection (j) of
Section 2-123 of this Code, all information furnished to the Secretary or
Board, the results of all examinations made at their direction, and all medical
findings of the Board shall be confidential and for the sole use of the Board
and the Secretary which may have access to the same for the purposes as set
forth in this Act. Except as provided in this Section, no confidential information may be open to public
inspection or the contents disclosed to anyone, except the person under review
and then only to the extent necessary to comply with a request for discovery
during the hearing process, unless so directed by a court of competent
jurisdiction. If the Secretary receives a medical report regarding a driver that does not address a medical condition contained in a previous medical report, the Secretary may disclose the unaddressed medical condition to the driver or his or her physician, or both, solely for the purpose of submission of a medical report that addresses the condition.
(Source: P.A. 97-229, eff. 7-28-11.)
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625 ILCS 5/6-909
(625 ILCS 5/6-909) (from Ch. 95 1/2, par. 6-909)
Sec. 6-909.
Rules and regulations; review under Administrative Review
Law. The Secretary, in cooperation with the Board, shall administer and
enforce this Act and shall have the power to make and institute reasonable
rules and regulations as necessary to carry out the provisions of this Act.
(Source: P.A. 87-1249.)
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625 ILCS 5/6-910
(625 ILCS 5/6-910) (from Ch. 95 1/2, par. 6-910)
Sec. 6-910.
Liability of persons for information supplied to Board or
Secretary. No member of the Board, medical practitioner, clinic, hospital, or
mental institution, whether public or private, shall be liable or subject
to criminal or civil action for any opinions, findings, or recommendations,
or for any information supplied to the Secretary or the Board regarding
persons under review, or for reports required by this Act, except for
willful and wanton misconduct.
(Source: P.A. 87-1249.)
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625 ILCS 5/6-911
(625 ILCS 5/6-911) (from Ch. 95 1/2, par. 6-911)
Sec. 6-911.
Information submitted by medical practitioners; police
officers; State's attorneys; or members of the judiciary. Any qualified
medical practitioner, commissioned police officer, State's attorney, or
member of the judiciary acting in his or her official capacity may submit
information to the Secretary relative to the medical condition of a
person, including suspected chronic alcoholism or habitual use of
narcotics or dangerous drugs, if the condition interferes with the person's
ability to operate a motor vehicle safely. Persons reporting under this
Section shall enjoy the same immunities granted members of the Board under
Section 6-910.
(Source: P.A. 87-1249.)
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625 ILCS 5/6-912
(625 ILCS 5/6-912) (from Ch. 95 1/2, par. 6-112)
Sec. 6-912.
Severability.
The provisions of this Article are severable
under Section 1.31 of the Statute on Statutes.
(Source: P.A. 87-1249.)
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625 ILCS 5/Ch. 6 Art. X
(625 ILCS 5/Ch. 6 Art. X heading)
ARTICLE X. ENHANCED SKILLS DRIVING SCHOOLS
(Source: P.A. 96-740, eff. 1-1-10.) |
625 ILCS 5/6-1001 (625 ILCS 5/6-1001) Sec. 6-1001. Enhanced skills driving schools. (a) As used in this Code, "enhanced skills driving school" means a school for teaching advanced driving skills, such as emergency braking, crash avoidance, and defensive driving techniques to licensed drivers for a fee, and does not mean a school for preparing students for examinations given by the Secretary of State. (b) No person, firm, association, partnership, or corporation shall operate an enhanced skills driving school unless issued a license by the Secretary. No enhanced skills driving school may prepare students for examinations given by the Secretary of State unless the school is also licensed under Article IV of Chapter 6 of this Code. (c) All behind-the-wheel instructions, practice, and experience offered by enhanced skills driving schools shall be on private property, such as race course facilities. The Secretary of State shall have the authority to inspect all facilities and to adopt rules to provide standards for enhanced skills driving school facilities. No behind-the-wheel instruction, practice, or experience may be given on public roadways. (d) The curriculum for courses and programs offered by enhanced skills driving schools shall be reviewed and approved by the Secretary.
(Source: P.A. 96-740, eff. 1-1-10.) |
625 ILCS 5/6-1002 (625 ILCS 5/6-1002) Sec. 6-1002. Enhanced skills driving school qualifications. In order to qualify for a license to operate an enhanced skills driving school, each applicant must: (1) be of good moral character; (2) be at least 21 years of age; (3) maintain bodily injury and property damage | | liability insurance on motor vehicles while used in driving instruction, insuring the liability of the driving school, the driving instructors and any person taking instruction in at least the following amounts: $500,000 for bodily injury to or death of one person in any one crash and, subject to said limit for one person, $1,000,000 for bodily injury to or death of 2 or more persons in any one crash and the amount of $100,000 for damage to property of others in any one crash. Evidence of such insurance coverage in the form of a certificate from the insurance carrier shall be filed with the Secretary of State, and such certificate shall stipulate that the insurance shall not be cancelled except upon 10 days' prior written notice to the Secretary of State;
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| (4) have the equipment necessary to the giving of
| | proper instruction in the operation of motor vehicles; and
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| (5) pay to the Secretary of State an application fee
| | of $500 and $50 for each branch application.
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(Source: P.A. 102-982, eff. 7-1-23 .)
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625 ILCS 5/6-1003 (625 ILCS 5/6-1003) Sec. 6-1003. Display of license. Each enhanced skills driving school must display at a prominent place in its main office all of the following: (1) The State license issued to the school; (2) The names, addresses, and State instructors | | license numbers of all instructors employed by the school; and
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| (3) The addresses of each branch office and branch
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(Source: P.A. 96-740, eff. 1-1-10.)
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625 ILCS 5/6-1004 (625 ILCS 5/6-1004) Sec. 6-1004. Qualifications of enhanced skills driving school instructors. In order to qualify for a license as an instructor for an enhanced skills driving school, an applicant must: (1) be of good moral character; (2) have never been convicted of driving while under | | the influence of alcohol, other drugs, or a combination thereof; leaving the scene of a crash; reckless homicide or reckless driving;
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| (3) be physically able to operate safely a motor
| | vehicle and to train others in the operation of motor vehicles;
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| (4) hold a valid drivers license; and
(5) pay to the Secretary of State an application and
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(Source: P.A. 102-982, eff. 7-1-23 .)
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625 ILCS 5/6-1005 (625 ILCS 5/6-1005) Sec. 6-1005. Renewal of license; enhanced skills driving school. The license of each enhanced skills driving school may be renewed subject to the same conditions as the original license, and upon the payment of a renewal license fee of $500 and $50 for each renewal of a branch application.
(Source: P.A. 96-740, eff. 1-1-10.) |
625 ILCS 5/6-1006 (625 ILCS 5/6-1006) Sec. 6-1006. Renewal of license; enhanced skills driving school instructor. The license of each enhanced skills driving school instructor may be renewed subject to the same conditions of the original license, and upon the payment of annual renewal license fee of $70.
(Source: P.A. 96-740, eff. 1-1-10.) |
625 ILCS 5/6-1007 (625 ILCS 5/6-1007) Sec. 6-1007. Licenses; form and filing. All applications for renewal of an enhanced skills driving school license or instructor's license shall be on a form prescribed by the Secretary, and must be filed with the Secretary not less than 15 days preceding the expiration date of the license to be renewed.
(Source: P.A. 96-740, eff. 1-1-10.) |
625 ILCS 5/6-1008 (625 ILCS 5/6-1008) Sec. 6-1008. Instructor's records. Every enhanced skills driving school shall keep records regarding instructors, students, courses, and equipment, as required by administrative rules prescribed by the Secretary. Such records shall be open to the inspection of the Secretary or his representatives at all reasonable times.
(Source: P.A. 96-740, eff. 1-1-10.) |
625 ILCS 5/6-1009 (625 ILCS 5/6-1009) Sec. 6-1009. Denial, cancellation, suspension, revocation, and failure to renew license. The Secretary may deny, cancel, suspend or revoke, or refuse to renew any enhanced skills driving school license or any enhanced skills driving school instructor license: (1) When the Secretary is satisfied that the licensee | | fails to meet the requirements to receive or hold a license under this Code;
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| (2) Whenever the licensee fails to keep records
| | required by this Code or by any rule prescribed by the Secretary;
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| (3) Whenever the licensee fails to comply with any
| | provision of this Code or any rule of the Secretary made pursuant thereto;
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| (4) Whenever the licensee represents himself or
| | herself as an agent or employee of the Secretary or uses advertising designed to lead or which would reasonably have the effect of leading persons to believe that such licensee is in fact an employee or representative of the Secretary;
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| (5) Whenever the licensee or any employee or agent of
| | the licensee solicits driver training or instruction in an office of any department of the Secretary of State having to do with the administration of any law relating to motor vehicles, or within 1,500 feet of any such office; or
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| (6) Whenever the licensee is convicted of driving
| | while under the influence of alcohol, other drugs, or a combination thereof; leaving the scene of a crash; reckless homicide or reckless driving.
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(Source: P.A. 102-982, eff. 7-1-23 .)
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625 ILCS 5/6-1010 (625 ILCS 5/6-1010) Sec. 6-1010. Judicial review. The action of the Secretary in canceling, suspending, revoking, or denying any license under this Article shall be subject to judicial review in the Circuit Court of Sangamon County or the Circuit Court of Cook County, and the provisions of the Administrative Review Law and the rules adopted pursuant thereto are hereby adopted and shall apply to and govern every action for judicial review of the final acts or decisions of the Secretary under this Article.
(Source: P.A. 96-740, eff. 1-1-10.) |
625 ILCS 5/6-1011 (625 ILCS 5/6-1011) Sec. 6-1011. Injunctions. If any person, firm, association, partnership, or corporation operates in violation of any provision of this Article, or any rule, regulation, order, or decision of the Secretary of State established under this Article, or in violation of any term, condition, or limitation of any license issued under this Article, the Secretary of State, or any other person injured as a result, or any interested person, may apply to the circuit court of the county where the violation or some part occurred, or where the person complained of has an established or additional place of business or resides, to prevent the violation. The court may enforce compliance by injunction or other process restraining the person from further violation and compliance.
(Source: P.A. 96-740, eff. 1-1-10.) |
625 ILCS 5/6-1012 (625 ILCS 5/6-1012) Sec. 6-1012. Rules and regulations. The Secretary is authorized to prescribe by rule standards for the eligibility, conduct, and operation of enhanced driver skills training schools, and instructors and to adopt other reasonable rules and regulations necessary to carry out the provisions of this Article.
(Source: P.A. 96-740, eff. 1-1-10.) |
625 ILCS 5/6-1013 (625 ILCS 5/6-1013) Sec. 6-1013. Deposit of fees. Fees collected under this Article shall be disbursed under subsection (g) of Section 2-119 of this Code.
(Source: P.A. 99-127, eff. 1-1-16 .) |
625 ILCS 5/Ch. 7
(625 ILCS 5/Ch. 7 heading)
CHAPTER 7.
ILLINOIS SAFETY AND FAMILY
FINANCIAL RESPONSIBILITY LAW
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625 ILCS 5/Ch. 7 Art. I
(625 ILCS 5/Ch. 7 Art. I heading)
ARTICLE I.
ADMINISTRATION
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625 ILCS 5/7-100
(625 ILCS 5/7-100) (from Ch. 95 1/2, par. 7-100)
Sec. 7-100. Definition of words and phrases. Notwithstanding the definitions
set forth in Chapter 1, for the purposes of this Chapter,
the following words shall have the following meanings ascribed to them:
Administrative order of support. An order for the support of dependent children issued by an administrative body of this or any other State.
Administrator. The Department of Transportation.
Arrearage. The total amount of unpaid support obligations.
Authenticated document. A document from a court which contains a court
stamp, showing it is filed with the court, or notarized, or is certified by
the custodian of the original.
Compliance with a court order of support. The support
obligor is no more than an amount equal to 90 days obligation in arrears in
making payments in full for current support, or in making periodic payments on
a support arrearage as determined by a court.
Court order of support. A judgment order for the
support of dependent children issued by a court of this State, including
a judgment of dissolution of marriage. With regard to a certification by the Department of Healthcare and Family Services under subsection (c) of Section 7-702, the term "court order of support" shall include an order of support entered by a court of this or any other State.
Driver's license. A license or permit to operate a motor vehicle in the
State, including the privilege of a person to drive a motor vehicle whether or
not the person holds a valid license or permit.
Family financial responsibility driving permit. A permit granting
limited driving privileges for employment or medical purposes
following a suspension of driving privileges under the Family
Financial Responsibility Law. This permit is valid only after the
entry of a court order granting the permit and issuance of the
permit by the Secretary of State's Office. An individual's driving
privileges must be valid except for the family financial
responsibility suspension in order for this permit to be issued.
In order to be valid, the permit must be in the immediate
possession of the driver to whom it is issued.
Judgment. A final judgment of any court of competent jurisdiction of any
State, against a person as defendant for damages on account of bodily
injury to or death of any person or damages to property resulting from the
operation of any motor vehicle.
Obligor. The individual who owes a duty to make payments under a court
order of support.
Obligee. The individual or other legal entity to whom a duty of support is
owed through a court order of support or the individual's
legal
representatives.
(Source: P.A. 95-685, eff. 10-23-07.)
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625 ILCS 5/7-101
(625 ILCS 5/7-101) (from Ch. 95 1/2, par. 7-101)
Sec. 7-101.
Administration of Illinois Safety and Family Financial
Responsibility Law. The Secretary of State and the Department, within the scope
of their respective duties and powers under this Code, shall administer and
enforce this Chapter and may make rules and regulations necessary for its
administration and shall provide for hearings upon request of persons aggrieved
by orders or acts of the Secretary of State, and the Department under this
Section. However, the Secretary of State and the clerks of the circuit courts,
within the scope of their respective duties and powers under this Code, shall
administer and enforce Article VII of this Chapter.
(Source: P.A. 89-92, eff. 7-1-96.)
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625 ILCS 5/7-102
(625 ILCS 5/7-102) (from Ch. 95 1/2, par. 7-102)
Sec. 7-102.
Court Review.
The provisions of the Administrative Review Law,
and all amendments and modifications thereof, and the rules adopted
pursuant thereto, shall apply to and govern all proceedings for the
judicial review of final administrative decisions of the Administrator or
the Secretary of State hereunder.
(Source: P.A. 90-89, eff. 1-1-98.)
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625 ILCS 5/Ch. 7 Art. II
(625 ILCS 5/Ch. 7 Art. II heading)
ARTICLE II. SECURITY FOLLOWING CRASH
(Source: P.A. 102-982, eff. 7-1-23 .)
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625 ILCS 5/7-201
(625 ILCS 5/7-201) (from Ch. 95 1/2, par. 7-201)
Sec. 7-201. Application of Article II. The Administrator as soon as practicable after the receipt of the
report, required to be filed under Sections 11-406 and 11-410, of a motor
vehicle crash occurring within this State and that has resulted in
bodily injury or death of any person or that damage to the property of
any one person in excess of $1,500 (or $500 if any of the vehicles involved in the crash is subject to Section 7-601 but is not covered by a liability insurance policy in accordance with Section 7-601) was sustained, shall determine:
1. Whether Section 7-202 of this Code requires the | | deposit of security by or on behalf of any person who was the operator or owner of any motor vehicle in any manner involved in the crash; and
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2. What amount of security shall be sufficient to
| | satisfy any potential judgment or judgments for money damages resulting from the crash as may be recovered against the operator or owner, which amount shall in no event be less than $1,500 (or $500 if any of the vehicles involved in the crash is subject to Section 7-601 but is not covered by a liability insurance policy in accordance with Section 7-601).
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(Source: P.A. 102-982, eff. 7-1-23 .)
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625 ILCS 5/7-201.1
(625 ILCS 5/7-201.1) (from Ch. 95 1/2, par. 7-201.1)
Sec. 7-201.1.
If the Administrator has not received a report required
to be filed under Sections 11-406 and 11-410, or if the information
contained in a report is insufficient, the Administrator shall send to the
person required to file the report a written request for the missing report
or the missing information. The Administrator shall send such request no
later than 45 days after the crash or 7 days after receiving information
that such crash has occurred, whichever is later.
If the request is sent to a driver involved in a crash, the request
or an attachment thereto shall contain in bold print a warning that failure
to comply with the request within 15 days may result in the suspension of
the driver's license.
(Source: P.A. 102-982, eff. 7-1-23 .)
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625 ILCS 5/7-201.2
(625 ILCS 5/7-201.2) (from Ch. 95 1/2, par. 7-201.2)
Sec. 7-201.2.
The Administrator, within 30 days after compiling
sufficient information on a motor vehicle crash, shall certify to the
Secretary of State the name of each owner and the name of each operator of
any vehicle involved in the crash, his determination that security is
required under this Code, and the amount of the security. The
Administrator also shall supply to the Secretary of State a copy of any
crash report requested by the Secretary.
The Administrator shall send a copy of the certification to each person
whose name is certified. The copy, or an attachment thereto, shall contain
in bold print an explanation that, because the person did not furnish the
Department of Transportation with evidence that he or she is insured or
otherwise able to pay for damages resulting from the crash, the person's
name has been forwarded to the Secretary of State for possible suspension
of his or her driver's license.
(Source: P.A. 102-982, eff. 7-1-23 .)
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625 ILCS 5/7-201.3
(625 ILCS 5/7-201.3) (from Ch. 95 1/2, par. 7-201.3)
Sec. 7-201.3.
Administrator to itemize potential claims.
The
Administrator shall send by mail to the person required to deposit
security an itemization of each potential claim of personal injury or
property damage and the name and address of each potential claimant within
the knowledge of the Administrator and upon which the determination of the
amount of security is based.
(Source: P.A. 84-797.)
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625 ILCS 5/7-202
(625 ILCS 5/7-202) (from Ch. 95 1/2, par. 7-202)
Sec. 7-202. Exceptions to requirements of security. (a) The requirements
as to security and suspension as provided by Sections 7-201 and 7-205 shall not apply:
1. To the driver or owner if such owner had in | | effect at the time of such motor vehicle crash a liability policy covering such driver and owner with respect to the vehicle involved in such motor vehicle crash;
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2. To the driver, if not the owner of such vehicle,
| | if there was in effect at the time of such motor vehicle crash a liability policy or bond with respect to the operation of motor vehicles not owned by the driver;
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3. To the driver or owner if the liability of such
| | driver or owner for damages resulting from such motor vehicle crash is covered by any other form of liability insurance policy or bond;
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4. To the driver or owner, if such owner is qualified
| | as a self-insurer as provided in Section 7-502;
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5. To the owner if such owner at the time of such
| | motor vehicle crash was in compliance with Section 8-101 or Section 9-101;
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6. To the driver or owner if such owner at the time
| | of such motor vehicle crash was in compliance with the Federal Revised Interstate Commerce Act (P.L. 95-473), as now or hereafter amended;
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7. To the owner if the vehicle involved in such motor
| | vehicle crash was owned by the United States, this State or any political sub-division of this State, any municipality therein, or any local Mass Transit District;
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8. To the driver or the owner of a vehicle involved
| | in a motor vehicle crash wherein no injury or damage was caused to the person or property of any one other than such driver or owner;
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9. To the driver or the owner of a vehicle which at
| | the time of the motor vehicle crash was parked, unless such vehicle was parked at a place where parking was at the time of the crash prohibited under any applicable law or ordinance;
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10. To the owner of a vehicle if at the time of the
| | motor vehicle crash the vehicle was being operated without his permission, express or implied, or was parked by a person who had been operating such motor vehicle without such permission;
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11. To the driver, if not the owner, of a commercial
| | motor vehicle on which there was no liability policy or bond with respect to the operation of such vehicle in effect at the time of the motor vehicle crash when the driver was operating the vehicle in the course of the driver's employment and had no actual knowledge of such lack of a liability policy or bond prior to the motor vehicle crash.
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(b) If at the time of the motor vehicle crash, an owner or
driver is covered by a motor vehicle liability policy or bond meeting the
requirements of this Code, such owner or driver shall be exempt
from suspension under Section 7-205 as to that motor vehicle crash,
if the company issuing the policy or bond has failed, and such policy or
bond was not effective at the time of the motor vehicle crash or
any time thereafter, provided, that the owner or driver had no knowledge
of the company's failure prior to the motor vehicle crash, and such
owner or driver has secured within 30 days after learning of such failure
another liability policy or bond meeting the requirements of the Code relating
to future occurrences or motor vehicle crashes.
As used in this paragraph, the words "failed" or "failure"
mean that the company has suspended operations by order of a court.
(Source: P.A. 102-982, eff. 7-1-23 .)
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625 ILCS 5/7-203
(625 ILCS 5/7-203) (from Ch. 95 1/2, par. 7-203)
Sec. 7-203. Requirements as to policy or bond. No such policy or bond referred to in Section 7-202 shall
be effective under this Section unless issued by an insurance company or
surety company authorized to do business in this State, except that if
such motor vehicle was not registered in this State, or was a motor
vehicle which was registered elsewhere than in this State at the
effective date of the policy or bond, or the most recent renewal
thereof, such policy or bond shall not be effective under this Section
unless the insurance company or surety company, if not authorized to do
business in this State, shall execute a power of attorney authorizing
the Secretary of State to accept service on its behalf of notice or
process in any action upon such policy or bond arising out of such
motor vehicle crash. However, every such policy or bond is subject, if
the motor vehicle crash has resulted in bodily injury or death, to
a limit, exclusive of interest and costs, of not less than $25,000 because of
bodily injury to or death of any one person in any one motor vehicle
crash and, subject to said limit for one person, to a limit of not less than
$50,000 because of bodily injury to or death of 2 or more persons
in any one motor vehicle crash, and, if the motor vehicle crash
has resulted in injury to or destruction of property, to a limit of not
less than $20,000 because of injury to or destruction of
property of others
in any one motor vehicle crash. The changes to this Section made by this amendatory Act of the 98th General Assembly apply only to policies issued or renewed on or after January 1, 2015.
Upon receipt of a written motor vehicle crash
report from the Administrator the insurance company or surety company
named in such notice shall notify the Administrator within such time and
in such manner as the Administrator may require, in case such policy or
bond was not in effect at the time of such motor vehicle crash.
(Source: P.A. 102-982, eff. 7-1-23 .)
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625 ILCS 5/7-204
(625 ILCS 5/7-204) (from Ch. 95 1/2, par. 7-204)
Sec. 7-204. Form and amount of security - Definition.
(A) Any security required to be deposited under this Act shall be in
the form as the Secretary of State may require by administrative rule, and
in the amounts as the
Administrator may determine to be sufficient to satisfy any judgment or
judgments for damages against an operator or owner but in no case in excess
of the limits specified in Section 7-203 of this Act in reference to the
acceptable limits of a policy or bond nor for an amount less than $1,500 (or $500 if any of the vehicles involved in the crash is subject to Section 7-601 but is not covered by a liability insurance policy in accordance with Section 7-601).
(B) The person depositing security shall specify in writing the person
or persons on whose behalf the deposit is made and, while at any time the
deposit is in the custody of the Secretary of State or State Treasurer, the
person depositing it may, in writing, amend the specification of the person
or persons on whose behalf the deposit is made to include an additional
person or persons; provided, however, that a single deposit of security
shall be applicable only on behalf of persons, required to furnish security
because of the same crash.
(C) Within 10 days after any security required under the provisions of
this Article is deposited with the Secretary of State, the Secretary shall
send notice of the security deposit to the following, if known:
1. To each owner and operator of any vehicle involved | | in the crash that sustained damage in excess of $1,500 (or $500 if any of the vehicles involved in the crash is subject to Section 7-601 but is not covered by a liability insurance policy in accordance with Section 7-601);
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2. To any person who sustained damage to personal or
| | real property in excess of $1,500 (or $500 if any of the vehicles involved in the crash is subject to Section 7-601 but is not covered by a liability insurance policy in accordance with Section 7-601);
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3. To any person who was injured as a result of the
| |
4. To the estate of any person killed as a result of
| |
(Source: P.A. 102-982, eff. 7-1-23 .)
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625 ILCS 5/7-205
(625 ILCS 5/7-205) (from Ch. 95 1/2, par. 7-205)
Sec. 7-205.
Failure to deposit security - Hearings and suspensions.
The Secretary of State, within 15 days after receipt of the
determination of the Administrator that a deposit of security is required
under this Code, shall review all reports, documents and
other pertinent evidence in his possession, and make a preliminary finding
as to whether or not there is a reasonable possibility of a civil
judgment being entered in a court of proper jurisdiction against the
person so certified by the Administrator under this Code.
(a) Upon a preliminary finding that there is such a reasonable
possibility, the Secretary of State shall notify such person by mail that his driving
privileges, driver's license or registration will be suspended
45 days after the date of the mailing of the notice unless the person can
prove to the satisfaction of the Secretary of State that he has deposited
or has had deposited and filed on his behalf the security required under
this Code or, within 15 days of the mailing of such
notice, requests
a formal hearing to determine whether his driving privileges, driver's license
or registration should be suspended or whether the Secretary should enter
an order of exoneration, and that such hearing shall be scheduled within
45 days after the mailing of such notice in accordance with the rules and
regulations of the Secretary of State.
(b) Upon a preliminary finding that there is not such a reasonable
possibility, the Secretary of State may elect to take
no further action.
(c) In the event an order of suspension so entered applies to a nonresident
owner or driver, then the
privilege of driving or using a motor vehicle within the territorial limits
of this State shall be so suspended.
(Source: P.A. 84-797.)
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625 ILCS 5/7-206
(625 ILCS 5/7-206) (from Ch. 95 1/2, par. 7-206)
Sec. 7-206.
Release from liability.
(a) A person shall be
relieved from the requirement for deposit of security required by Section
7-201 in the event there shall be filed with the Secretary
of State satisfactory evidence that the person
who would otherwise be required to deposit security has been released from liability.
(b) A covenant not to sue shall relieve the parties thereto
as to each other from the security requirements of this Article.
(Source: P.A. 83-831.)
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625 ILCS 5/7-207
(625 ILCS 5/7-207) (from Ch. 95 1/2, par. 7-207)
Sec. 7-207.
Adjudication of non-liability.
A person shall be relieved from the requirement for deposit of security,
required by Section 7-201 of this Act, in the event there shall be filed
with the Secretary of State evidence satisfactory of a final adjudication
of non-liability.
(Source: P.A. 77-327.)
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625 ILCS 5/7-208
(625 ILCS 5/7-208) (from Ch. 95 1/2, par. 7-208)
Sec. 7-208. Agreements for payment of damages. (a) Any 2
or more of the persons involved in
a motor vehicle crash subject
to the provisions of Section 7-201 or their authorized representatives,
may at any time enter into a
written agreement for the payment of an agreed amount in installments, with
respect to all claims for injuries or damages resulting from the motor
vehicle crash.
(b) The Secretary of State, to the extent provided by any
such written agreement properly filed with him, shall not require the
deposit of security and shall terminate any prior order of suspension, or,
if security has
previously been deposited, the Secretary of State shall immediately return
such security to the depositor or an appropriate personal representative.
(c) In the event of a default in any payment under such agreement
and upon notice of such default the Secretary of State shall forthwith suspend
the driver's license and registration, or nonresident's
operating privileges, of such person in default which shall not be restored
unless and until:
1. Such person deposits and thereafter maintains | | security as required under Section 7-201 in such amount as the Secretary of State may then determine,
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2. Two years have elapsed since the acceptance of the
| | notice of default by the Secretary of State and during such period no action upon such agreement has been instituted in any court having jurisdiction, or
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3. The person enters into a second written agreement
| | for the payment of an agreed amount in installments with respect to all claims for injuries or damages resulting from the motor vehicle crash.
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(Source: P.A. 102-982, eff. 7-1-23 .)
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625 ILCS 5/7-209
(625 ILCS 5/7-209) (from Ch. 95 1/2, par. 7-209)
Sec. 7-209. Payment upon judgment. The payment of a judgment arising out
of a motor vehicle crash or the payment upon such judgment
of an amount equal to the maximum amount which could be required for deposit
under this Article shall for the purposes of this Code be
deemed satisfied.
(Source: P.A. 102-982, eff. 7-1-23 .)
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625 ILCS 5/7-210
(625 ILCS 5/7-210) (from Ch. 95 1/2, par. 7-210)
Sec. 7-210.
Termination of Security Requirement.
The Secretary of State, if satisfied as to the existence of any fact
which under Sections 7-206, 7-207, 7-208, or 7-209 would entitle a person
to be relieved from the security requirements of this Article, shall not
require the deposit of security by the person so relieved from such
requirement and shall terminate any prior order of suspension in respect to
such person, or if security has previously been deposited by such person,
the Secretary of State shall immediately return such deposit to such
person.
(Source: P.A. 76-1586.)
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625 ILCS 5/7-211
(625 ILCS 5/7-211) (from Ch. 95 1/2, par. 7-211)
Sec. 7-211. Duration of suspension.
(a) Unless a suspension is terminated
under other provisions of this Code, the driver's license or registration
and nonresident's operating privilege suspended as provided in Section
7-205 shall remain suspended and shall not be renewed nor shall any
license or registration be issued to the person until:
1. The person deposits or there shall be deposited | | and filed on the person's behalf the security required under Section 7-201;
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2. Two years have elapsed following the date the
| | driver's license and registrations were suspended and evidence satisfactory to the Secretary of State that during the period no action for damages arising out of a motor vehicle crash has been properly filed;
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3. Receipt of proper notice that the person has filed
| | bankruptcy which would include all claims for personal injury and property damage resulting from the crash;
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4. After the expiration of 5 years from the date of
| | the crash, the Secretary of State has not received documentation that any action at law for damages arising out of the motor vehicle crash has been filed against the person; or
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| 5. The statute of limitations has expired and the
| | person seeking reinstatement provides evidence satisfactory to the Secretary of State that, during the statute of limitations period, no action for damages arising out of a motor vehicle crash has been properly filed.
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An affidavit that no action at law for damages arising
out of the motor vehicle crash has been filed against the applicant,
or if filed that it is not still pending shall be prima facie evidence
of that fact. The Secretary of State may take whatever steps are necessary
to verify the statement set forth in the applicant's affidavit.
(b) The driver's license or registration and nonresident's operating
privileges suspended as provided in Section 7-205 shall also remain suspended
and shall not be renewed nor shall any license or registration be issued to the
person until the person gives proof of his or her financial responsibility in
the future as provided in Section 1-164.5. The proof is to be
maintained by the
person in a manner satisfactory to the Secretary of State for a period of 3
years after the date the proof is first filed.
(Source: P.A. 102-52, eff. 1-1-22; 102-982, eff. 7-1-23 .)
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625 ILCS 5/7-212
(625 ILCS 5/7-212) (from Ch. 95 1/2, par. 7-212)
Sec. 7-212. Authority of Administrator and Secretary of State to decrease
amount of
security. The Administrator may reduce the amount of security ordered in any
case
within one year after the date of the crash, but in no event for an
amount less than $1,500 (or $500 if any of the vehicles involved in the crash is subject to Section 7-601 but is not covered by a liability insurance policy in accordance with Section 7-601), if, in the judgment of the Administrator the amount
ordered is excessive, or may revoke or rescind its order requiring the
deposit of security in any case within one year after the date of the
crash if, in the judgment of the Administrator, the provisions of
Sections 7-202 and 7-203 excuse or exempt the operator or owner from the
requirement of the deposit. In case the security originally ordered has
been deposited the excess of the reduced amount ordered shall be returned
to the depositor or his or her personal representative forthwith, notwithstanding
the provisions of Section 7-214. The Secretary of State likewise shall have
authority granted to the Administrator to reduce the amount of security
ordered by the Administrator.
(Source: P.A. 102-982, eff. 7-1-23 .)
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625 ILCS 5/7-213
(625 ILCS 5/7-213) (from Ch. 95 1/2, par. 7-213)
Sec. 7-213.
Custody of security.
Security deposited in compliance with
the requirements of this Article shall be placed by the Secretary
of State in the custody of the State Treasurer.
(Source: P.A. 83-831.)
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625 ILCS 5/7-214
(625 ILCS 5/7-214) (from Ch. 95 1/2, par. 7-214)
Sec. 7-214. Disposition of security. Such security shall be applicable only to the payment of a judgment or
judgments, rendered against the person or persons on whose behalf the
deposit was made, for damages arising out of the crash in question, in
an action at law, begun not later than the later of
(i)
the expiration of the relevant statute of limitations
or (ii) 2 years after the
date of any default in any payment under an installment agreement for payment
of damages, and such deposit or any balance thereof shall be returned to the
depositor or his or her personal representative when evidence satisfactory to the
Secretary of State has been filed with him:
1. that there has been a release from liability, or | | a final adjudication of non-liability; or
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2. a duly acknowledged written agreement in
| | accordance with Section 7-208 of this Act; or
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3. whenever after the expiration of the statute of
| | limitations or (ii) 2 years after the date of any default in any payment under an installment agreement for payment of damages, the Secretary of State shall be given reasonable evidence that there is no such action pending and no judgment rendered in such action left unpaid.
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If, after releasing security to a judgment debtor or claimant, the balance of the security posted with the Secretary is $5 or less, the balance shall be transferred to the General Revenue Fund. The
Secretary shall compile a list of all security amounts of $5 or less annually in July and shall certify that amount to the State Comptroller. As soon as possible after receiving the certification, the State Comptroller shall order transferred and the State Treasurer shall transfer the amount certified to the General Revenue Fund.
(Source: P.A. 102-52, eff. 1-1-22; 102-982, eff. 7-1-23 .)
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625 ILCS 5/7-215
(625 ILCS 5/7-215) (from Ch. 95 1/2, par. 7-215)
Sec. 7-215.
Matters not to be evidence in civil suits.
Any action taken pursuant to this Chapter, or the Rules and
Regulations adopted hereunder, or findings of the Administrator or the Secretary
of State upon which such action is based, or the security filed as provided in
this Article shall not be referred to in any way, nor shall
it be any evidence of the negligence or due care of either party, at the
trial of any civil action to recover damages.
(Source: P.A. 83-831.)
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625 ILCS 5/7-216
(625 ILCS 5/7-216) (from Ch. 95 1/2, par. 7-216)
Sec. 7-216. Reciprocity; residents and nonresidents; licensing of nonresidents. (a) When
a nonresident's operating privilege is suspended
pursuant to Section 7-205 the Secretary of State shall transmit a certified
copy of the record of such action to the official in charge of the issuance
of driver's license and registration certificates in the state in which
such nonresident resides, if the law of such other
state provides for action in relation thereto similar to that provided for
in subsection (b).
(b) Upon receipt of such certification that the operating
privilege of a resident of this State has been suspended or revoked in any such other
state pursuant to a law providing for its suspension or revocation for
failure to deposit security for the payment of judgments arising out of a
motor vehicle crash, or for failure to deposit security under
circumstances which would require the Secretary of State to suspend a
nonresident's operating privilege had the motor
vehicle crash occurred in this State, the Secretary of State shall
suspend the driver's license of such resident and all other registrations.
Such suspension shall continue until such resident
furnishes evidence of compliance with the law of such other state
relating to the deposit of such security.
(c) In case the operator or the owner of a motor vehicle involved
in a motor vehicle crash within this State has no driver's
license or registration, such operator shall not be allowed a
driver's license or registration until the operator has complied
with the requirements of Sections 7-201 through 7-216 to the same extent that would be
necessary if, at the time of the motor vehicle crash, such operator
had held a license and registration.
(Source: P.A. 102-982, eff. 7-1-23 .)
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625 ILCS 5/Ch. 7 Art. III
(625 ILCS 5/Ch. 7 Art. III heading)
ARTICLE III.
PROOF OF
FINANCIAL RESPONSIBILITY FOR THE FUTURE
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625 ILCS 5/7-301
(625 ILCS 5/7-301) (from Ch. 95 1/2, par. 7-301)
Sec. 7-301.
Application of Article III.
The provisions of this Article
requiring the deposit of proof of financial responsibility for the future,
subject to certain exemptions, shall apply with respect to persons whose
driver's license or driving privileges have been revoked as provided by
this Code, or who have failed to pay judgments amounting to $500 or
more as defined in Section 7-303.
(Source: P.A. 86-549; 87-829.)
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625 ILCS 5/7-302
(625 ILCS 5/7-302) (from Ch. 95 1/2, par. 7-302)
Sec. 7-302.
(Repealed).
(Source: P.A. 85-1396. Repealed by P.A. 90-89, eff. 1-1-98.)
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625 ILCS 5/7-303
(625 ILCS 5/7-303) (from Ch. 95 1/2, par. 7-303)
Sec. 7-303. Suspension of driver's licenses, registration
certificates, license plates or digital license plates, and registration stickers or digital registration stickers for failure to satisfy
judgment. (a) The Secretary of State shall, except as provided in paragraph
(d), suspend the driver's license issued to any
person upon receiving an authenticated report as hereinafter provided for
in Section 7-307 that the
person has failed for a period of 30 days to satisfy any final
judgment in amounts as hereinafter stated, and shall also suspend the
registration certificate, license plates or digital license plates, and registration
sticker or digital registration sticker of the judgment debtor's motor vehicle involved in the crash as indicated in the authenticated report.
(b) The term "judgment" shall mean: A final judgment of any court of
competent jurisdiction of any State, against a person as defendant for
damages on account of bodily injury to or death of any person or damages to
property resulting from the operation, on and after July 12, 1938, of any
motor vehicle.
(c) The term "State" shall mean: Any State, Territory, or possession of
the United States, the District of Columbia, or any province of the
Dominion of Canada.
(d) The Secretary of State shall not suspend the driver's
license, registration certificates, registration stickers or digital registration stickers, or license
plates or digital license plates of the judgment debtor, nor shall such judgment debtor be subject
to the suspension provisions of Sections 7-308 and 7-309 if all the following
conditions are met:
1. At the time of the motor vehicle crash which gave | | rise to the unsatisfied judgment the judgment debtor was covered by a motor vehicle liability policy or bond meeting the requirements of this Chapter;
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2. The insurance company which issued the policy or
| | bond has failed and has suspended operations by order of a court;
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3. The judgment debtor had no knowledge of the
| | insurance company's failure prior to the motor vehicle crash;
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4. Within 30 days after learning of the insurance
| | company's failure the judgment debtor secured another liability policy or bond meeting the requirements of this Article relating to future occurrences or crashes;
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5. The insurance company which issued the motor
| | vehicle liability policy or bond that covered the judgment debtor at the time of the motor vehicle crash is unable to satisfy the judgment in the amounts specified in Section 7-311;
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6. The judgment debtor presents to the Secretary of
| | State such certified documents or other proofs as the Secretary of State may require that all of the conditions set forth in this Section have been met.
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(Source: P.A. 101-395, eff. 8-16-19; 102-982, eff. 7-1-23 .)
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625 ILCS 5/7-304
(625 ILCS 5/7-304) (from Ch. 95 1/2, par. 7-304)
Sec. 7-304.
Proof required.
Upon the revocation of a driver's
license of any person as provided in Section 6-113, 6-205 or 6-206, the
Secretary of State shall suspend any and all of the registration certificates,
license
plates and registration stickers issued for any
motor vehicle registered in the name of such person as owner except that
the Secretary shall not suspend such evidences of registration
in the event such owner has previously given or shall immediately give
the Secretary and thereafter maintain for a period of
3 years, proof of financial responsibility in the manner hereinafter
specified in this Article with respect to each and every motor vehicle owned
and registered by such person.
(Source: P.A. 83-831.)
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625 ILCS 5/7-305
(625 ILCS 5/7-305) (from Ch. 95 1/2, par. 7-305)
Sec. 7-305.
Suspension until proof furnished.
The suspension of such
certificates
of registration, license plates and registration stickers
of such person as provided for in Section 7-304 shall remain in
effect and the Secretary of State shall not issue to any such person any
new or renewal of driver's license and shall not register
or re-register in the name of such person any motor vehicle until permitted
under this Article and not then unless and until said person
gives proof of his financial responsibility in the future, as defined in
this Code, such proof to be maintained by said person in
a manner satisfactory to the Secretary of State for a period of 3 years
after the date such proof is first filed.
(Source: P.A. 90-89, eff. 1-1-98.)
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625 ILCS 5/7-306
(625 ILCS 5/7-306) (from Ch. 95 1/2, par. 7-306)
Sec. 7-306.
Action in respect to an unlicensed driver.
Whenever any person who is not a resident of this State has been
convicted of an offense which would require the revocation of the driver's
license of a resident, such nonresident shall not operate
any motor vehicle in this State nor shall any motor vehicle owned by such
nonresident be operated within this State by any person, and the
Secretary of State shall not issue to such nonresident
any driver's license and shall not register any motor vehicle
owned by such nonresident unless and until such nonresident shall
give proof of financial responsibility.
(Source: P.A. 83-831.)
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625 ILCS 5/7-307
(625 ILCS 5/7-307) (from Ch. 95 1/2, par. 7-307)
Sec. 7-307. Courts to report nonpayments of judgment. The clerk of a court, or the judge of a court which has no clerk, or the judgment creditor or his or her attorney of record
shall forward to the Secretary of State, on a form prescribed by the
Secretary, a certified record of any judgment for damages, the rendering
and nonpayment of which judgment required the suspension of the driver's
license and registrations in the name of the judgment debtor hereunder,
such record to be forwarded to the Secretary of State upon request by the
plaintiff after the expiration of 30 days after such judgment has become
final and when such judgment has not been stayed or satisfied within the
amounts specified in this Article as shown by the records of the Court.
(Source: P.A. 98-1028, eff. 8-22-14.)
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625 ILCS 5/7-308
(625 ILCS 5/7-308) (from Ch. 95 1/2, par. 7-308)
Sec. 7-308.
Action in respect to nonresident for
nonpayment of judgment. (a) If a
person, whose failure to satisfy a judgment within
30 days after the same became final would
require a suspension or revocation hereunder in respect to a resident,
shall not be a resident of
this State, such nonresident shall not operate any
motor vehicle in this State, nor shall any motor vehicle owned by such
nonresident be operated in this State by any
person and the Secretary of State shall not issue to such nonresident
a driver's license and shall not register
any motor vehicle owned by such nonresident unless
and until such nonresident shall give proof of financial
responsibility and shall satisfy any such judgment as required with
respect to a resident of this State.
(b) The Secretary of State shall forward to the Motor Vehicle
Commissioner or state officer performing the functions of a Commissioner in
the state, foreign country, or province of the Dominion of Canada in which
a judgment debtor resides, a certified record of any unsatisfied judgment
rendered against such nonresident which requires suspension
of such nonresident's driving privileges in this State.
(Source: P.A. 83-831.)
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625 ILCS 5/7-309
(625 ILCS 5/7-309) (from Ch. 95 1/2, par. 7-309)
Sec. 7-309. Suspension to continue until judgments paid and proof given.
(a) The suspension of such driver's license, license plates
and registration stickers shall remain in effect and no other vehicle shall
be registered in the name of such judgment debtor, nor any new license issued
to such person (including any such person not previously licensed), unless
and until the Secretary of State receives authenticated documentation that
such judgment is satisfied, or dormant as provided for in Section 12-108 of
the Code of Civil Procedure, as now or hereafter amended, or stayed by
court order, and the judgment debtor gives proof of financial
responsibility, as hereinafter provided. The Secretary of State may
terminate the suspension of such person's driver's license,
license plates
and registration stickers and no proof of financial responsibility shall be
required on any existing suspensions under this Article which are more than 20
years old.
(b) Whenever, after one judgment is satisfied and proof of financial
responsibility is given as herein required, another such judgment is
rendered against the judgment debtor for any motor vehicle crash
occurring prior to the date of the giving of said proof and such person
fails to satisfy the latter judgment within the amounts specified herein
within 30 days after the same becomes final, then the Secretary of State
shall again suspend the driver's license of such judgment debtor and shall
again suspend the registration of any vehicle registered in the name of
such judgment debtor as owner. Such driver's license and registration
shall not be renewed nor shall a driver's license and registration of any
vehicle be issued to such judgment debtor while such latter judgment
remains in effect and unsatisfied within the amount specified herein.
(Source: P.A. 102-982, eff. 7-1-23 .)
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625 ILCS 5/7-310
(625 ILCS 5/7-310) (from Ch. 95 1/2, par. 7-310)
Sec. 7-310. Petition for discharge filed in bankruptcy. A
petition for discharge filed in bankruptcy following the rendering of any judgment shall
relieve the judgment debtor from the requirements of this Chapter 7, except that the judgment debtor's drivers license shall remain suspended and may not be renewed, and the judgment debtor may not be issued a license or registration, until the judgment debtor gives proof of his or her financial responsibility in the future, as provided in Section 1-164.5. The proof is to be maintained by the judgment debtor, in a manner satisfactory to the Secretary of State, for a period of 3 years after the date on which the proof is first filed.
A petition for discharge filed in bankruptcy of the owner
or lessee of a commercial vehicle by whom the judgment debtor is employed
at the time of the motor vehicle crash that gives rise to the
judgment
also shall relieve the judgment debtor so employed from any of the
requirements of this Chapter 7 if the discharge of the owner or lessee
follows the rendering of the judgment and if the judgment debtor
so employed
was operating the commercial vehicle in connection with his or her
regular employment or occupation at the time of the crash.
This amendatory
act of 1985 applies to all cases irrespective of whether the crash
giving rise to the suspension of license or registration occurred before,
on, or after its effective date.
(Source: P.A. 102-982, eff. 7-1-23 .)
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625 ILCS 5/7-311
(625 ILCS 5/7-311) (from Ch. 95 1/2, par. 7-311)
Sec. 7-311. Payments sufficient to satisfy requirements. (a) Judgments herein referred to arising out of motor vehicle crashes
occurring on or after January 1, 2015 (the effective date of Public Act 98-519) shall for the purpose of this
Chapter be deemed satisfied:
1. when $25,000 has been credited upon any judgment | | or judgments rendered in excess of that amount for bodily injury to or the death of one person as the result of any one motor vehicle crash; or
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2. when, subject to said limit of $25,000 as to any
| | one person, the sum of $50,000 has been credited upon any judgment or judgments rendered in excess of that amount for bodily injury to or the death of more than one person as the result of any one motor vehicle crash; or
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3. when $20,000 has been credited upon any judgment
| | or judgments, rendered in excess of that amount for damages to property of others as a result of any one motor vehicle crash.
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The changes to this subsection made by Public Act 98-519 apply only to policies issued or renewed on or after January 1, 2015.
(b) Credit for such amounts shall be deemed a satisfaction of any such
judgment or judgments in excess of said amounts only for the purposes of
this Chapter.
(c) Whenever payment has been made in settlement of any claim for bodily
injury, death, or property damage arising from a motor vehicle crash
resulting in injury, death, or property damage to two or more persons in
such crash, any such payment shall be credited in reduction of the
amounts provided for in this Section.
(Source: P.A. 102-982, eff. 7-1-23 .)
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625 ILCS 5/7-312
(625 ILCS 5/7-312) (from Ch. 95 1/2, par. 7-312)
Sec. 7-312.
Installment payment.
(a) A judgment debtor upon 5 days notice
to the judgment creditor may apply to the
trial court in which the judgment was entered for the privilege of paying
such judgment in installments and the court in its discretion and without
prejudice to any other judicial remedies which the judgment creditor may
have may so order, fixing the amounts and times of payment of the installments.
(b) The Secretary of State shall not suspend the driver's
license, registration or nonresident's operating privilege, and any suspended
driver's license or registration following nonpayment of a final judgment
shall be restored when the judgment debtor gives proof of financial responsibility
and when the judgment debtor obtains an order from the trial court permitting
the payment of such judgment in installments and while the payment of any
such installment is not in default.
(Source: P.A. 83-1362.)
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625 ILCS 5/7-313
(625 ILCS 5/7-313) (from Ch. 95 1/2, par. 7-313)
Sec. 7-313.
Suspension required upon breach of agreement.
In the event
the judgment debtor fails to pay any installments as permitted by the order
of the court upon notice of such default, the Secretary of State,
upon receipt of a court order, shall
forthwith suspend the driver's license, registration certificate, license
plates, registration stickers or nonresident's operating privilege of the
judgment debtor until said judgment is satisfied as provided in Section 7-311
or a second installment payment plan is accepted as provided in Section
7-312.
(Source: P.A. 90-774, eff. 8-14-98.)
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625 ILCS 5/7-314
(625 ILCS 5/7-314) (from Ch. 95 1/2, par. 7-314)
Sec. 7-314.
Alternate methods of giving proof.
Proof of financial responsibility
when required under this Article may be given by filing with the Secretary of State:
1. A certificate of insurance as provided in Section 7-315 or Section
7-316;.
2. A bond as provided in Section 7-320; or
3. A deposit of securities as provided in Section 7-323.
(Source: P.A. 83-831.)
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625 ILCS 5/7-315 (625 ILCS 5/7-315) (from Ch. 95 1/2, par. 7-315) Sec. 7-315. Certificate of insurance proof. (a) Proof of financial responsibility may be made by filing with the Secretary of State the electronic certificate of any insurance carrier duly authorized to do business in this State, certifying that it has issued to or for the benefit of the person furnishing such proof and named as the insured in a motor vehicle liability policy, a motor vehicle liability policy or policies or in certain events an operator's policy meeting the requirements of this Code and that said policy or policies are then in full force and effect. All electronic certificates must be submitted in a manner satisfactory to the Secretary of State. (b) Such certificate or certificates shall give the dates of issuance and expiration of such policy or policies and certify that the same shall not be canceled unless 15 days' prior electronic notice thereof be given to the Secretary of State and shall explicitly describe all motor vehicles covered thereby unless the policy or policies are issued to a person who is not the owner of a motor vehicle. (c) The Secretary of State shall not accept any certificate or certificates unless the same shall cover all motor vehicles then registered in this State in the name of the person furnishing such proof as owner and an additional certificate or certificates shall be required as a condition precedent to the subsequent registration of any motor vehicle or motor vehicles in the name of the person giving such proof as owner. (Source: P.A. 103-179, eff. 6-30-23; 103-605, eff. 7-1-24.) |
625 ILCS 5/7-316
(625 ILCS 5/7-316) (from Ch. 95 1/2, par. 7-316)
Sec. 7-316. Certificate furnished by nonresident
as proof. Any nonresident owner of a motor vehicle
not registered in this State may give proof of financial responsibility
by filing with the Secretary of State a certificate or certificates of an
insurance carrier authorized to transact business in the state or province
of the Dominion of Canada in
which the motor vehicle or motor vehicles described in such certificate
are registered, or if such nonresident does
not own a motor vehicle then in the state or province of the Dominion of
Canada in which the insured resides, and otherwise conforming to the provisions
of this Code, and the Secretary of State shall accept the same
if such carrier shall:
1. Execute a power of attorney authorizing the | | Secretary of State to accept service on its behalf of notice of process in any action arising out of a motor vehicle crash in this State;
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2. Duly adopt a resolution which shall be binding
| | upon it declaring that its policies shall be deemed to be varied to comply with the laws of this State relating to the terms of motor vehicle liability policies as required by Section 7-317; and
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3. Agree to accept as final and binding any final
| | judgment duly rendered in any action arising out of a motor vehicle crash in any court of competent jurisdiction in this State.
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(Source: P.A. 102-982, eff. 7-1-23 .)
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625 ILCS 5/7-316.1 (625 ILCS 5/7-316.1)
Sec. 7-316.1. Nonresidents and former residents; when proof not required. (a) Any nonresident or former Illinois resident who (i) has met all requirements for reinstatement of his or her driving or registration privileges under this Chapter except for filing proof of financial responsibility, (ii) resides outside of Illinois, and (iii) has applied for a driver's license in another state, shall be released from the requirement of showing proof of financial responsibility in this State if he or she presents to the Secretary of State, in a manner satisfactory to the Secretary, notice of his or her out-of-state residency. (b) Any nonresident or former Illinois resident whose driver's license was revoked and who (i) has met all requirements for applying for driving privileges except for filing proof of financial responsibility under this Chapter, (ii) resides outside of Illinois, and (iii) has applied for a driver's license in another state, shall be released from the requirement of showing proof of financial responsibility in this State if he or she presents to the Secretary of State, in a manner satisfactory to the Secretary, notice of his or her out-of-state residency. (b-5) Any nonresident or former Illinois resident who has submitted satisfactory documentation to the Secretary of State to be released of showing proof of financial responsibility in this State shall have his or her Illinois license cancelled 60 days after acceptance of notice of cancellation, as provided in Section 6-201 of this Code. (c) If a nonresident or former Illinois resident released from the requirement of showing proof of financial responsibility in this State under subsection (a) or subsection (b) of this Section moves or returns to this State within 3 years of the date of release, that person must present to the Secretary of State, in a manner satisfactory to the Secretary, proof of insurance coverage during the period in which the person lived outside of Illinois. A person who fails to present the required proof may not be issued a driver's license until he or she presents proof of financial responsibility that is satisfactory under this Chapter. The proof of financial responsibility required under this subsection (c) must be shown or maintained for the period of time required under this Chapter. (d) The Secretary shall adopt rules for implementing this Section.
(Source: P.A. 98-178, eff. 1-1-14.) |
625 ILCS 5/7-317
(625 ILCS 5/7-317) (from Ch. 95 1/2, par. 7-317)
Sec. 7-317. "Motor vehicle liability policy" defined. (a)
Certification. -A "motor vehicle liability policy", as that term is
used in this Act, means an "owner's policy" or an "operator's policy" of
liability insurance, certified as provided in Section 7-315 or Section
7-316 as proof of financial responsibility for the future, and issued,
except as otherwise provided in Section 7-316, by an insurance carrier
duly authorized to transact business in this State, to or for the
benefit of the person named therein as insured.
(b) Owner's Policy. --Such owner's policy of liability insurance:
1. Shall designate by explicit description or by | | appropriate reference, all motor vehicles with respect to which coverage is thereby intended to be granted;
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2. Shall insure the person named therein and any
| | other person using or responsible for the use of such motor vehicle or vehicles with the express or implied permission of the insured;
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3. Shall insure every named insured and any other
| | person using or responsible for the use of any motor vehicle owned by the named insured and used by such other person with the express or implied permission of the named insured on account of the maintenance, use or operation of any motor vehicle owned by the named insured, within the continental limits of the United States or the Dominion of Canada against loss from liability imposed by law arising from such maintenance, use or operation, to the extent and aggregate amount, exclusive of interest and cost, with respect to each motor vehicle, of $25,000 for bodily injury to or death of one person as a result of any one crash and, subject to such limit as to one person, the amount of $50,000 for bodily injury to or death of all persons as a result of any one crash and the amount of $20,000 for damage to property of others as a result of any one crash. The changes to this paragraph made by this amendatory Act of the 98th General Assembly apply only to policies issued or renewed on or after January 1, 2015.
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(c) Operator's Policy. --When an operator's policy is required, it
shall insure the person named therein as insured against the liability
imposed by law upon the insured for bodily injury to or death of any
person or damage to property to the amounts and limits above set forth
and growing out of the use or operation by the insured within the
continental limits of the United States or the Dominion of Canada of any
motor vehicle not owned by him.
(d) Required Statements in Policies. --Every motor vehicle liability
policy must specify the name and address of the insured, the coverage
afforded by the policy, the premium charged therefor, the policy period,
and the limits of liability, and shall contain an agreement that the
insurance thereunder is provided in accordance with the coverage defined
in this Act, as respects bodily injury and death or property damage or
both, and is subject to all the provisions of this Act.
(e) Policy Need Not Insure Workers' Compensation. --Any liability
policy or policies issued hereunder need not cover any liability of the
insured assumed by or imposed upon the insured under any workers'
compensation law nor any liability for damage to property in charge of
the insured or the insured's employees.
(f) Provisions Incorporated in Policy. --Every motor vehicle
liability policy is subject to the following provisions which need not
be contained therein:
1. The liability of the insurance carrier under any
| | such policy shall become absolute whenever loss or damage covered by the policy occurs and the satisfaction by the insured of a final judgment for such loss or damage shall not be a condition precedent to the right or obligation of the carrier to make payment on account of such loss or damage.
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2. No such policy may be cancelled or annulled as
| | respects any loss or damage, by any agreement between the carrier and the insured after the insured has become responsible for such loss or damage, and any such cancellation or annulment shall be void.
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3. The insurance carrier shall, however, have the
| | right to settle any claim covered by the policy, and if such settlement is made in good faith, the amount thereof shall be deductible from the limits of liability specified in the policy.
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4. The policy, the written application therefor, if
| | any, and any rider or endorsement which shall not conflict with the provisions of this Act shall constitute the entire contract between the parties.
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(g) Excess or Additional Coverage. --Any motor vehicle liability
policy may, however, grant any lawful coverage in excess of or in
addition to the coverage herein specified or contain any agreements,
provisions, or stipulations not in conflict with the provisions of this
Act and not otherwise contrary to law.
(h) Reimbursement Provision Permitted. --The policy may provide that
the insured, or any other person covered by the policy shall reimburse
the insurance carrier for payment made on account of any loss or damage
claim or suit involving a breach of the terms, provisions or conditions
of the policy; and further, if the policy shall provide for limits in
excess of the limits specified in this Act, the insurance carrier may
plead against any plaintiff, with respect to the amount of such excess
limits of liability, any defense which it may be entitled to plead
against the insured.
(i) Proration of Insurance Permitted. --The policy may provide for
the pro-rating of the insurance thereunder with other applicable valid
and collectible insurance.
(j) Binders. --Any binder pending the issuance of any policy, which
binder contains or by reference includes the provisions hereunder shall
be sufficient proof of ability to respond in damages.
(k) Copy of Policy to Be Filed with Department of
Insurance--Approval. --A copy of the form of every motor vehicle
liability policy which is to be used to meet the requirements of this
Act must be filed, by the company offering such policy, with the
Department of Insurance, which shall approve or disapprove the policy
within 30 days of its filing. If the Department approves the policy in
writing within such 30 day period or fails to take action for 30 days,
the form of policy shall be deemed approved as filed. If within the 30
days the Department disapproves the form of policy filed upon the ground
that it does not comply with the requirements of this Act, the
Department shall give written notice of its decision and its reasons
therefor to the carrier and the policy shall not be accepted as proof of
financial responsibility under this Act.
(l) Insurance Carrier Required to File Certificate. --An insurance
carrier who has issued a motor vehicle liability policy or policies or
an operator's policy meeting the requirements of this Act shall, upon
the request of the insured therein, deliver to the insured for filing,
or at the request of the insured, shall file direct, with the Secretary
of State a certificate, as required by this Act, which shows that such
policy or policies have been issued. No insurance carrier may require
the payment of any extra fee or surcharge, in addition to the insurance
premium, for the execution, delivery or filing of such certificate.
(m) Proof When Made By Endorsement. --Any motor vehicle liability
policy which by endorsement contains the provisions required hereunder
shall be sufficient proof of ability to respond in damages.
(Source: P.A. 102-982, eff. 7-1-23 .)
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625 ILCS 5/7-318
(625 ILCS 5/7-318) (from Ch. 95 1/2, par. 7-318)
Sec. 7-318. Notice of cancellation or termination of certified policy. When an insurance carrier has certified a motor vehicle liability policy
or policies under this Act, it shall notify the Secretary of State of any
cancellation by submitting an electronic notice at least 15 days prior to
cancellation of such policy and the policy shall continue in full force and
effect until the date of cancellation specified in such notice or until its
expiration, except that such a policy subsequently procured and certified
shall, on the effective date of its certification, terminate the insurance
previously certified with respect to any vehicle designated in both
certificates. All electronic certificates must be submitted in a manner satisfactory to the Secretary of State.
(Source: P.A. 103-179, eff. 6-30-23.)
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625 ILCS 5/7-319
(625 ILCS 5/7-319) (from Ch. 95 1/2, par. 7-319)
Sec. 7-319.
This Act Not to Affect Other Policies.
Sections 7-301 through 7-329, each inclusive, of this Act shall not be
held to apply to or affect bonds or policies of automobile insurance
against liability which may now or hereafter be required by any other
provision of this Act and such bonds or policies, if endorsed to conform to
the requirements of this Act, shall be accepted as proof of financial
responsibility when required under this Act. This Act shall not be held to
apply to or affect policies insuring solely the insured named in the policy
against liability resulting from the maintenance, operation or use by
persons in the insured's employ or in his behalf of motor vehicles not
owned by the insured.
(Source: P.A. 76-1586.)
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625 ILCS 5/7-320
(625 ILCS 5/7-320) (from Ch. 95 1/2, par. 7-320)
Sec. 7-320.
Bond as Proof.
A person required to give proof of financial responsibility may file
with the Secretary of State a bond, executed by the person giving such
proof and by a surety company, duly authorized to transact business within
the State; or by the person, giving such proof and by 2 individual
sureties, each owning real estate within this State and having an equity
therein in the amount of such bond, which real estate shall be scheduled
therein.
1. The Secretary of State shall not accept any such real estate bond
unless it is first approved by a judge of a court.
2. The Secretary of State shall not accept any such bond unless it is
conditioned for payment in amounts and under the same circumstances as
would be required in a motor vehicle liability policy furnished by the
person giving such proof under this Act.
3. No such bond shall be cancelled unless 10 days' prior written
notice is given to the Secretary of State, but cancellation of such bond
shall not prevent recovery thereon with respect to any right or cause of
action arising prior to the date of cancellation.
4. The principal and sureties of every such real estate bond shall
execute and deliver an original and one copy of the bond and schedule and
in addition, when the real property or any part thereof, listed or
described in the schedule, shall lie in more than one county, then as many
extra copies as there are counties in which the real property, or any part
thereof, shall lie, to the judge to whom such bond is presented for
approval, who shall, if he approved the bond, endorse upon the original
and each copy of the bond the date of the approval thereof; and the clerk
of the court shall immediately file one of the copies with the recorder
in each county in which is situated any of the non-registered real
property so scheduled.
5. If any of the lands so scheduled shall have been registered under "An
Act concerning land titles", approved May 1, 1897, as amended, the clerk
of the court in which the bond is approved shall immediately file with the
registrar of titles in and for each county in which any of the registered
land so scheduled is situated, a notice stating that such land has been so
scheduled, and the registrar shall thereupon enter a memorial of such fact
upon the record.
6. The clerk of the court in which the bond is approved shall endorse
upon the original of each such real estate bond approved the date upon
which he or she filed a copy of such bond with the recorder in each
county in which is situated any of the non-registered real property so
scheduled or the notice with the registrar of titles in and for each
county in which any of the registered land scheduled is situated and shall
deliver such original bond to the principal thereon.
(Source: P.A. 83-1362.)
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625 ILCS 5/7-321
(625 ILCS 5/7-321) (from Ch. 95 1/2, par. 7-321)
Sec. 7-321.
When Bond Shall Constitute a Lien.
Such bond shall constitute a lien upon the unregistered real estate
so scheduled of any surety from the time when a copy of such bond is
filed in the office of the recorder in and for the county in
which such non-registered real property so scheduled is situated, and
such bond shall be a lien upon all registered real property listed or
described in the accompanying schedule from the time when notice, as
aforesaid, is filed in the office of the registrar of titles in and for
the county in which such registered real estate so scheduled is
situated. Such lien shall exist in favor of the People of the State of
Illinois for the use of any holder of a final judgment against the
principal on such bond upon a liability covered by the conditions of
such bond.
(Source: P.A. 83-358.)
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625 ILCS 5/7-322
(625 ILCS 5/7-322) (from Ch. 95 1/2, par. 7-322)
Sec. 7-322.
Action on Bond.
If a judgment is rendered against the principal of any such surety or
real estate bond upon a liability covered by the conditions of such bond
and such judgment is not satisfied within thirty (30) days after it becomes
final, then the judgment creditor may, for his own use and benefit, and at
his sole expense, bring an action or actions in the name of the State
against the company or persons who executed such bond including an action
or proceeding to foreclose any lien that may exist upon the real estate of
a person who has executed such bond, which action shall be brought in like
manner and subject to all the provisions of law applicable to an action to
foreclose a mortgage upon real estate.
(Source: P.A. 76-1586.)
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625 ILCS 5/7-323
(625 ILCS 5/7-323) (from Ch. 95 1/2, par. 7-323)
Sec. 7-323.
Money Or Securities As Proof.
A person may give proof of financial responsibility by delivering to the
Secretary of State a receipt of the State Treasurer showing the deposit
with said State Treasurer of money in amount or securities endorsed in
blank by the owner thereof and approved by said State Treasurer and of a
market value in a total amount as would be required for coverage in a motor
vehicle liability policy furnished by the person giving such proof under
this Act. Such securities shall be of the type which may legally be
purchased as investments of trust funds by trustees.
(Source: P.A. 76-1586.)
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625 ILCS 5/7-324
(625 ILCS 5/7-324) (from Ch. 95 1/2, par. 7-324)
Sec. 7-324.
Application of Deposit.
All money or securities so deposited shall be subject to execution to
satisfy any judgment mentioned in this Act but shall not otherwise be
subject to attachment or execution. The State Treasurer shall not accept
any such deposit or issue a certificate therefor, and the Secretary of
State shall not accept such certificate unless accompanied by evidence that
there are no unsatisfied judgments against the depositor registered in the
county where the depositor resides.
(Source: P.A. 76-1586.)
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