(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) (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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(625 ILCS 5/7-325) (from Ch. 95 1/2, par. 7-325)
Sec. 7-325.
Owner may give proof for others.
Whenever the Secretary of
State determines that any person required to give proof under this Article
by reason of a revocation is not the owner of a motor vehicle but
was, at the time of such conviction a driver in the employ of an owner of
a motor vehicle, or a member of the immediate family or household of the
owner of a motor vehicle, the Secretary of State shall accept proof of financial
responsibility given by such owner in lieu of proof given by such other
person so long as such other person is operating a motor vehicle for which
the owner has given proof as herein provided.
(Source: P.A. 83-831.)
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(625 ILCS 5/7-326) (from Ch. 95 1/2, par. 7-326)
Sec. 7-326.
Substitution of proof.
The Secretary of State shall cancel
any bond or return any certificate of insurance, or the Secretary of State
shall direct and the State Treasurer shall return any money or securities
to the person entitled thereto, upon the substitution and acceptance of
other adequate proof of financial responsibility pursuant to this Article.
(Source: P.A. 83-831.)
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(625 ILCS 5/7-327) (from Ch. 95 1/2, par. 7-327)
Sec. 7-327.
Other proof may be required.
Whenever any evidence of proof
of ability to respond in damages filed under the provisions of this Article
no longer fulfills the purpose for which
required, the Secretary of State shall, for the purposes of this Chapter,
require other evidence of ability to respond in damages as required
by this Article, and the driver's license, registration
certificates, license plates and registration stickers involved shall be
suspended by the Secretary of State pending such proof.
(Source: P.A. 83-831.)
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(625 ILCS 5/7-328) (from Ch. 95 1/2, par. 7-328)
Sec. 7-328. Duration of proof; when proof may be canceled or returned.
The Secretary of State shall upon request cancel any bond or return any
certificate of insurance, or the Secretary of State shall direct and the
State Treasurer shall return to the person entitled thereto any money or
securities, deposited pursuant to this Chapter as proof of financial
responsibility or waive the requirements of filing proof of financial
responsibility in any of the following events:
1. In the event of the death of the person on whose | ||
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2. In the event the person who has given proof of | ||
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3. In the event that proof of financial | ||
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(Source: P.A. 102-982, eff. 7-1-23; 103-154, eff. 6-30-23.)
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(625 ILCS 5/7-329) (from Ch. 95 1/2, par. 7-329)
Sec. 7-329. Proof of financial responsibility made voluntarily. 1. Proof of financial responsibility may be made voluntarily by or on behalf
of any person. The privilege of operation of any motor vehicle within this
State by such person shall not be suspended or withdrawn under the
provisions of this Article if such proof of financial responsibility
has been voluntarily filed or deposited prior to the offense or crash
out of which any conviction, judgment, or order arises and if such proof, at the
date of such conviction, judgment, or order, is valid and sufficient for
the requirements of this Code.
2. If the Secretary of State receives record of any conviction or
judgment against such person which, in the absence of such proof of
financial responsibility would have caused the suspension of the driver's
license of such person, the Secretary of State shall forthwith
notify the insurer or surety of such person of the conviction or judgment so reported.
(Source: P.A. 102-982, eff. 7-1-23; 103-154, eff. 6-30-23.)
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(625 ILCS 5/Ch. 7 Art. IV heading) ARTICLE IV.
VIOLATIONS OF PROVISIONS
OF FINANCIAL RESPONSIBILITY ACT
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(625 ILCS 5/7-401) (from Ch. 95 1/2, par. 7-401)
Sec. 7-401.
Transfer of registration to defeat purposes of act prohibited.
(a) If an owner's registration has been suspended hereunder, such
registration shall not be transferred nor the vehicle in respect to which
such registration was issued be registered in any other name until the
Secretary of State is satisfied that such transfer of registration is
proposed in good faith and not for the purpose or with the effect of
defeating the purposes of this act.
(b) Nothing in this section shall in any wise affect the rights of any
conditional vendor, chattel mortgagee or lessor of such a vehicle
registered in the name of another as owner who becomes subject to the
provisions of this act.
(c) The Secretary of State shall suspend the registration of any vehicle
transferred in violation of the provisions of this section.
(Source: P.A. 76-1586.)
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(625 ILCS 5/7-402) (from Ch. 95 1/2, par. 7-402)
Sec. 7-402. Surrender of license to drive and registration. Except as
otherwise provided in this Code or Article V of the Supreme Court Rules,
any person whose
license to drive has been suspended shall immediately
return to the Secretary of State any driver's license,
instruction permit,
restricted driving permit or other evidence of driving privileges held
by such person.
Any driving authorization document issued under Section 6-206.1 or
11-501.1 of this Code shall be returned to the issuing court for proper
processing. Any person whose vehicle registration has been suspended
shall, upon the request of the Secretary, immediately return to the
Secretary any license plates or other evidences of registration held by such
person.
The Secretary is authorized to take possession of any
license to drive, registration certificate, registration sticker or digital registration sticker, or license
plates or digital license plates
upon the suspension
thereof under the provisions of this Code or to direct any
law enforcement officer to
take possession thereof and to return the same to the Secretary.
Any person willfully failing to comply with this Section is guilty of a
Class A misdemeanor and shall be punished as provided in Section 9-110 of this
Code.
(Source: P.A. 101-395, eff. 8-16-19.)
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(625 ILCS 5/7-403) (from Ch. 95 1/2, par. 7-403)
Sec. 7-403.
Forged Proof.
Any person who shall forge, or, without authority, sign any evidence of
proof of financial responsibility for the future, or who files or offers
for filing any such evidence of proof knowing or having reason to believe
that it is forged or signed without authority, shall be guilty of a Class A
misdemeanor.
(Source: P.A. 77-2720.)
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(625 ILCS 5/Ch. 7 Art. V heading) ARTICLE V.
MISCELLANEOUS PROVISIONS
RELATING TO FINANCIAL RESPONSIBILITY
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(625 ILCS 5/7-501) (from Ch. 95 1/2, par. 7-501)
Sec. 7-501.
Assigned Risk Plans.
If, on or before January 1, 1946, every
insurance carrier authorized to write automobile bodily injury liability
insurance in this State shall not subscribe to an assigned risk plan approved
by the Director of Insurance, providing that no carrier may withdraw therefrom
after approval of the Director, the Director of Insurance shall, when he finds
that an application for bodily injury or property damage insurance by a risk,
which may become subject to this Act or is a local public entity subject to
the Local Governmental and Governmental Employees Tort Immunity Act, and
in good faith is entitled to such insurance, has been rejected by 3 insurance
carriers, designate an insurance carrier which shall be obligated to issue
forthwith its usual form of policy providing such insurance for such risk.
The Director shall make equitable distribution of such assignments among
insurance carriers proportionate, so far as practicable, by
premiums to the respective net direct automobile bodily injury premium
writings of the carriers authorized to do business in this State. The
Director of Insurance shall establish rules and regulations for the
administration of the provisions of this Section.
If any carrier refuses or neglects to comply with the provisions of
this Section or with any lawful order or ruling made by the Director of
Insurance pursuant to this Section, the Director may, after notice and
hearing, suspend the license of such carrier to transact any insurance
business in this State until such carrier shall have complied with such
order. The provisions of the Administrative Review Law, and all amendments
and modifications thereof, and the rules adopted pursuant thereto, shall apply
to and govern all proceedings for the judicial review of final administrative
decisions of the Director of Insurance hereunder.
(Source: P.A. 92-651, eff. 7-11-02.)
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(625 ILCS 5/7-502) (from Ch. 95 1/2, par. 7-502)
Sec. 7-502. Self-insurers. Any person in whose name more than 25 motor vehicles are registered may
qualify as a self-insurer by obtaining a certificate of self-insurance
issued by the Director of the Department of Insurance as provided in this Section.
The Director may, in his discretion, upon the application of
such a person, issue a certificate of self-insurance when he is satisfied
that such person is possessed and will continue to be possessed of ability
to pay judgment obtained against such person.
Upon not less than 5 days' notice, and a hearing pursuant to such
notice, the Director may upon reasonable grounds cancel a
certificate of self-insurance. Failure to pay any judgment against any
person covered by such certificate of self-insurance and arising out of any
crash in which a motor vehicle covered by such certificate of
self-insurance has been involved within 30 days after such judgment shall
have become final shall constitute a reasonable ground for the cancellation
of a certificate of self-insurance.
(Source: P.A. 102-982, eff. 7-1-23.)
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(625 ILCS 5/7-503) (from Ch. 95 1/2, par. 7-503)
Sec. 7-503. Unclaimed Security Deposits.
During July, annually, the Secretary shall compile a list of all
securities on deposit, pursuant to this Article, for more than 3 years and
concerning which he has received no notice as to the pendency of any
judicial proceeding that could affect the disposition thereof. Thereupon,
he shall promptly send a notice to the last known address
of each depositor advising him that his deposit will be subject to escheat
to the State of Illinois if not claimed within 30 days after the mailing
date of such notice. At the expiration of such time, the Secretary of State
shall file with the State Treasurer an order directing the transfer of such
deposit to the general revenue fund in the State Treasury. Upon receipt of
such order, the State Treasurer shall make such transfer, after converting
to cash any other type of security. Thereafter any person having a legal
claim against such deposit may enforce it by appropriate proceedings in the
Court of Claims subject to the limitations prescribed for such Court. At
the expiration of such limitation period such deposit shall escheat to the
State of Illinois.
(Source: P.A. 94-239, eff. 1-1-06.)
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(625 ILCS 5/7-504)
Sec. 7-504. Emergency telephone system outages; reimbursement. Any person
who negligently causes a motor vehicle crash that causes an emergency
telephone system outage must reimburse the public safety agency that provides
personnel to answer calls or to maintain or operate an emergency telephone
system during the outage for the agency's costs associated with answering calls
or maintaining or operating the system during the outage. For the purposes of
this Section, "public safety agency" means the same as in Section 2.02 of the
Emergency Telephone System Act.
(Source: P.A. 102-982, eff. 7-1-23.)
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