Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau
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VEHICLES625 ILCS 5/4-212.1
(625 ILCS 5/) Illinois Vehicle Code.
(625 ILCS 5/4-212.1)
(from Ch. 95 1/2, par. 4-212.1)
In cities with more than 500,000 inhabitants, the
corporate authorities may, by ordinance, designate any department of
municipal government to do any of the following:
(1) To perform any of the duties and functions specified for law
enforcement agencies in subsection (a) of Section 4-205 and in Sections
4-201, 4-203, 4-204, 4-206, 4-207, 4-208, 4-209, 4-210, 4-211 and 4-212; and
(2) To authorize a towing service to remove and take possession of
abandoned, lost, stolen or unclaimed vehicles, in the manner that municipal
police may make such authorization pursuant to Section 4-202; and
(3) To send notifications as required under subsection (b) of Section 4-205.
(Source: P.A. 86-947.)
625 ILCS 5/4-213
(625 ILCS 5/4-213)
(from Ch. 95 1/2, par. 4-213)
Liability of law enforcement officers, agencies, and towing
(a) A law enforcement officer or agency, a department of municipal
government designated under Section 4-212.1 or its officers or
employees, or a towing service owner, operator, or
employee shall not be held to answer or be liable for damages in any action
brought by the registered owner, former registered owner, or his legal
representative, lienholder or any other person legally entitled to the
possession of a vehicle when the vehicle was processed and sold or disposed of
as provided by this Chapter.
(b) A towing service, and any of its officers or employees, that
removes or tows a vehicle as a result of being directed to do so by
a law enforcement officer or agency or a department of municipal government or
its officers or employees shall not be held to answer or be liable for loss of or damages to any real or personal property that occurs in the
course of the removal or towing of a vehicle or its contents (i) on a limited
access highway in a designated Incident Management Program that uses fast lane
clearance techniques as defined by the Department of Transportation or (ii) at the direction of a peace officer, a highway authority official, or a representative of local authorities, under Section 11-402 or 11-404 of this Code.
(Source: P.A. 95-407, eff. 1-1-08.)
625 ILCS 5/4-214
(625 ILCS 5/4-214)
(from Ch. 95 1/2, par. 4-214)
Violations of Section 4-201.
(a) Any person who violates Section 4-201 of this Code or who
aids and abets in that violation:
(1) shall be subject to a mandatory fine of $200; and
(2) shall be required by the court to make a
disposition on the abandoned or unclaimed vehicle and pay all towing, storage, and processing charges and collection costs pursuant to Section 4-203, subsections (a) and (e).
(b) When a vehicle is abandoned, it shall be presumed that the last
registered owner is responsible for the abandonment and shall be liable for
all towing, storage, and processing charges and collection costs, less any
amounts realized in the disposal of the vehicle. The last registered owner's
liability for storage fees may not exceed a maximum of 30 days' storage fees.
The presumption established under this subsection may
be rebutted by a showing that, prior to the time of the tow:
(1) a report of vehicle theft was filed with respect
(2) the vehicle was sold or transferred and the last
registered owner provides the towing service with the correct identity and address of the new owner at the time of the sale or transfer.
If the presumption established under this subsection is rebutted, the person
responsible for theft of the vehicle or to whom the vehicle was sold or
transferred is liable for all towing, storage, and processing charges and
(Source: P.A. 89-433, eff. 12-15-95.)
625 ILCS 5/4-214.1
(625 ILCS 5/4-214.1)
Failure to pay fines, charges, and costs on an abandoned
(a) Whenever any resident of this State fails to pay any fine, charge, or
cost imposed for a violation of Section 4-201 of this Code, or a similar
provision of a local ordinance, the clerk shall notify the Secretary of State, on
a report prescribed by the Secretary, and the Secretary shall prohibit the
renewal, reissue, or reinstatement of the resident's driving privileges until
the fine, charge, or cost has been paid in full. The clerk shall provide
notice to the owner, at the owner's last known address as shown on the court's
records, stating that the action will be effective on the 46th day following
the date of the above notice if payment is not received in full by the court of
(b) Following receipt of the report from the clerk, the Secretary of State
shall make the proper notation to the owner's file to prohibit the renewal,
reissue, or reinstatement of the owner's driving privileges. Except as provided
in subsection (d) of this Section, the notation shall not be removed from the
owner's record until the owner satisfies the outstanding fine, charge, or cost
and an appropriate notice on a form prescribed by the Secretary is received by
the Secretary from the court of venue, stating that the fine, charge, or cost
has been paid in full. Upon payment in full of a fine, charge, or court cost
which has previously been reported under this Section as unpaid, the clerk of
the court shall present the owner with a signed receipt containing the seal of
the court indicating that the fine, charge, or cost has been paid in full, and
shall forward immediately to the Secretary of State a notice stating that the
fine, charge, or cost has been paid in full.
(c) Notwithstanding the receipt of a report from the clerk as prescribed in
subsection (a), nothing in this Section is intended to place
any responsibility upon the Secretary of State to provide independent
notice to the owner of any potential action to disallow the
renewal, reissue, or reinstatement of the owner's driving privileges.
(d) The Secretary of State shall renew, reissue, or reinstate an owner's
driving privileges which were previously refused under this Section upon
presentation of an original receipt which is signed by the clerk of the court
and contains the seal of the court indicating that the fine, charge, or cost
has been paid in full. The Secretary of State shall retain the receipt for his
or her records.
(Source: P.A. 95-621, eff. 6-1-08
625 ILCS 5/4-215
(625 ILCS 5/4-215)
Rebuilt vehicles; clean titles.
Persons licensed under
Section 5-301 of this Code may obtain a certificate of title that does not bear
the notation "REBUILT" from a certificate of purchase when the damage to the
vehicle is 25% or less of its market value, there has been no structural damage
to the vehicle, there is no history of a salvage certificate, and the vehicle
has undergone a salvage inspection by the Secretary of State and a safety
inspection under Section 13-101 of this Code. The application for a
certificate of title shall contain an affirmation under penalty for perjury
that the vehicle on the date of the application is not damaged in excess of 25%
of its market value, has no structural damage, and has no history of
(Source: P.A. 89-433, eff. 12-15-95.)
625 ILCS 5/4-216
(625 ILCS 5/4-216)
Storage fees; notice to lienholder of record.
(a) Any commercial vehicle relocator or any other private towing service providing removal or towing services pursuant to this Code and seeking to impose fees in connection with the furnishing of storage for a vehicle in the possession of the commercial vehicle relocator or other private towing service must provide written notice within 2 business days after the vehicle is removed or towed, by certified mail, return receipt requested, to the lienholder of record, regardless of whether the commercial vehicle relocator or other private towing service enforces a lien under the Labor and Storage Lien Act or the Labor and Storage Lien (Small Amount) Act. The notice shall be effective upon mailing and include the rate at which fees will be incurred, and shall provide the lienholder with an opportunity to inspect the vehicle on the premises where the vehicle is stored within 2 business days of the lienholder's request. The date on which the assessment and accrual of storage fees may commence is the date of the impoundment of the vehicle, subject to any applicable limitations set forth by a municipality authorizing the vehicle removal. Payment of the storage fees by the lienholder may be made in cash or by cashier's check, certified check, debit card, credit card, or wire transfer, at the option of the lienholder taking possession of the vehicle. The commercial vehicle relocator or other private towing service shall furnish a copy of the certified mail receipt to the lienholder upon request.
(b) The notification requirements in subsection (a) of this Section apply in addition to any lienholder notice requirements under this Code relating to the removal or towing of an abandoned, lost, stolen, or unclaimed vehicle. If the commercial vehicle relocator or other private towing service fails to comply with the notification requirements set forth in subsection (a) of this Section, storage fees shall not be assessed and collected and the lienholder shall be entitled to injunctive relief for possession of the vehicle without the payment of any storage fees.
(c) If the notification required under subsection (a) was not sent and a lienholder discovers its collateral is in the possession of a commercial vehicle relocator or other private towing service by means other than the notification required in subsection (a) of this Section, the lienholder is entitled to recover any storage fees paid to the commercial vehicle relocator or other private towing service to reclaim possession of its collateral.
(d) An action under this Section may be brought by the lienholder against the commercial vehicle locator or other private towing service in the circuit court.
(e) Notwithstanding any provision to the contrary in this Code, a commercial vehicle relocator or other private towing service seeking to impose storage fees for a vehicle in its possession may not foreclose or otherwise enforce its claim for payment of storage services or any lien relating to the claim pursuant to this Code or other applicable law unless it first complies with the lienholder notification requirements set forth in subsection (a) of this Section.
(f) If the vehicle that is removed or towed is registered in a state other than Illinois, the assessment and accrual of storage fees may commence on the date that the request for lienholder information is filed by the commercial vehicle relocator or other private towing service with the applicable administrative agency or office in that state if: (i) the commercial vehicle relocator or other private towing service furnishes the lienholder with a copy or proof of filing of the request for lienholder information; (ii) the commercial vehicle relocator or other private towing service provides to the lienholder of record the notification required by this Section within one business day after receiving the requested lienholder information; and (iii) the assessment of storage fees complies with any applicable limitations set forth by a municipality authorizing the vehicle removal.
(Source: P.A. 100-311, eff. 11-23-17; 100-863, eff. 8-14-18.)
625 ILCS 5/Ch. 4 Art. III
(625 ILCS 5/Ch. 4 Art. III heading)
VEHICLE RECYCLING BOARD
625 ILCS 5/4-300
(625 ILCS 5/4-300)
(from Ch. 95 1/2, par. 4-300)
For the purposes of this Article, the following word shall have the
meaning ascribed to it as follows:
Board. The Vehicle Recycling Board of the State of Illinois, acting
directly or through its duly authorized officers and agents.
(Source: P.A. 78-857.)
625 ILCS 5/4-301
(625 ILCS 5/4-301)
(from Ch. 95 1/2, par. 4-301)
The General Assembly finds that abandoned and derelict vehicles: constitute a
safety hazard and a public nuisance; are detrimental to the health,
safety and welfare of the general public by harboring disease, providing
breeding places for vermin, inviting plundering, creating fire hazards,
and presenting physical dangers to children and others; produce scenic blights which
degrade the environment and adversely affect land values and the proper
continuing development of the State of Illinois and all of its
subdivisions; represent a resource out of place and an energy
loss to the Illinois economy, and require state and
local governmental attention, in conjunction with any federal
governmental attention, in order to assure the expeditious removal and
recycling of these abandoned and derelict vehicles.
The General Assembly declares therefore, that it is the policy of the
State of Illinois, to:
1. Prohibit the abandonment of vehicles and the retention of derelicts,
and to enforce such
prohibition by law while reminding vehicle owners of their own individual
responsibility to dispose of such vehicles;
2. Encourage the development of procedures and techniques to
facilitate the expeditious removal of abandoned and derelict vehicles from public or
3. Encourage the State of Illinois and all of its political
subdivisions, in cooperation with the federal government and the private
sector of our State, and in cooperation with other states of the United
States, to recover and recycle the resource represented by abandoned
and derelict vehicles to the fullest extent practicable.
(Source: P.A. 81-653.)
625 ILCS 5/4-302
(625 ILCS 5/4-302)
(from Ch. 95 1/2, par. 4-302)
Vehicle Recycling Board.
There is hereby created the Vehicle Recycling Board of the State of
Illinois composed of the
Secretary of Transportation, the Director
of State Police, the Director of Public Health,
the Director of the Environmental
Protection Agency, the Superintendent of State Troopers or their
designated representatives. The Governor shall designate the Chairman and
Secretary of the Board.
The Board shall appoint an advisory committee, of no less than 10 members,
to include an official representative of the Office of the Secretary of
State as designated by the Secretary; and other appropriate representatives
from such sources as: statewide associations of city, county and township
governing bodies; knowledgeable successful leaders from the auto recycling
private sector; the State associations of chiefs of police, county sheriffs,
police officers; and State agencies having a direct or indirect relationship
with vehicle recycling.
(Source: P.A. 84-25.)
625 ILCS 5/4-303
(625 ILCS 5/4-303)
(from Ch. 95 1/2, par. 4-303)
Tenure, vacancies and expenses.
State officers and their designated representatives on the Board and representatives
of the State agencies serving on the advisory committee, shall serve
without additional compensation and their necessary expenses shall be
borne by the State office or agency represented. Members
of the advisory committee shall be
reimbursed for their necessary expenses in their attendance to
meetings and functions as required by the Board.
The Board shall employ such personnel as deemed necessary by the Board
to implement and administer this Act and any expenses incurred in its administration
incurred and expended only within and pursuant to the appropriations
made by the General Assembly.
The records of the Board shall be subject to audit by the Auditor
(Source: P.A. 81-653.)
625 ILCS 5/4-304
(625 ILCS 5/4-304)
(from Ch. 95 1/2, par. 4-304)
Implementation and administration of policy.
shall consider and adopt such programs as are designed to implement and
administer the policies hereinbefore expressed and within the
appropriations provided for by the General Assembly.
In adopting such programs, the Board shall take into consideration
the programs of the federal government in the same field, so as to
assure full coordination therewith and that the State of Illinois does
not duplicate federal actions and programs. The programs to be
considered by the Board shall in addition be designed to:
1. Effect the efficient removal of abandoned vehicles
from the highways, streets, roads, other public property, as well as from private property within Illinois.
2. Effect the efficient removal of abandoned and
derelict vehicles from private property to be junked, salvaged, recycled, or reclaimed, to wrecking, recycling or salvaging facilities, or to a temporary impoundment or area collection center.
3. Effect efficient recycling or scrap processing of
retired vehicles and the salvaging of usable parts.
4. Permit the restoration of antique and historic
vehicles by private persons or agencies.
5. Work with other State agencies to effect the
efficient and effective recycling of solid and liquid motor vehicle waste, including motor vehicle drain oil, derived in the recycling of a motor vehicle.
6. Recoup the costs of removal and disposal of
abandoned and derelict vehicles from vehicle owners, land owners and persons who abandon or discard such vehicles and from other suitable sources.
7. Promote and publicize individual responsibility of
vehicle owners for their personal disposal of unwanted and discarded vehicles and develop an effective promotional campaign to show owners how to properly dispose of such vehicles; and the legal consequences of not doing so.
8. Provide State coordination, expertise and
assistance to all local units of government, as needed, seeking legislative remedy where appropriate regarding: vehicle detitling procedure; impoundment time periods; the legal restrictions unnecessarily delaying vehicle disposal; and, to promote and advance the technology, growth and development of the legitimate auto recycling industry to the end that this industry can effectively recycle all vehicles annually retired and accumulated in Illinois with a minimum of assistance from the State or its subdivisions.
The Board is empowered to negotiate and enter into reciprocal
agreements with other states and State and federal agencies, in
furtherance of the provisions of this Act, as amended; provided,
however, that no such reciprocal agreement may be entered into without
the approval and authorization of the State body legally required to
approve such agreements.
The Board shall make rules, regulations and by-laws, not inconsistent
with this Act or any other law of this State, as to its own
and conduct and for the implementation and administration of this Act.
The Board is further empowered to enter into an agreement with any
State agency represented on the Board, to carry out the administration
of the abandoned and derelict vehicle abatement program of the Board,
and to make such funds available as may be found necessary by the Board,
as appropriated by the General Assembly.
(Source: P.A. 90-655, eff. 7-30-98; 91-357, eff. 7-29-99.)
625 ILCS 5/4-305
(625 ILCS 5/4-305)
(from Ch. 95 1/2, par. 4-305)
Inventory, collection and disposal facilities.
If not otherwise economically practicable, the Board may provide by contract
with private persons or agencies, or with political subdivisions of the
State of Illinois and all local governmental units of government, for the
inventory, collection and disposal or any portion thereof,
of abandoned and derelict vehicles to wrecking, salvage or recycling
plants, or, provide facilities for the collection and proper disposal of
any vehicle under the provisions of this Act, as amended.
The Board may further formulate a program, statewide or within prescribed
areas, for the inventory and collection of abandoned and derelict
vehicles and to provide for their junking, salvage or recycling. In all
cases, the Board shall coordinate such program with each affected State
agency, local governmental unit, and local law enforcement agencies.
The Board may further subsidize political subdivisions of this State, local
governmental units and local law enforcement agencies
for their costs, provable by audit and not otherwise recoverable from
any proceeds derived from any sale of abandoned and derelict vehicles,
in collecting, storing and disposing of such vehicles
during a reimbursement period set by the Board.
Any expenditure of funds hereunder shall be subject to audit by the Auditor
General, within the appropriations for this purpose by the General Assembly,
and may be made only in the event that cost-analysis and program efficiency
show that such reimbursement subsidy is justified.
No owner of any abandoned or derelict vehicle shall in any way, receive
any funds hereunder. This shall not, however, prohibit the Board from
examining the strategy of paying owners of discarded vehicles a limited
sum for delivering their vehicles to a collection point when scrap prices
are depressed; and bringing emergency measures such as this to the attention
of the General Assembly for its consideration at a later time.
(Source: P.A. 81-653.)
625 ILCS 5/4-306
(625 ILCS 5/4-306)
(from Ch. 95 1/2, par. 4-306)
The Board is authorized and empowered to do all
things necessary and proper to fully cooperate with any agency of the United
States in the administration of any federal act relating to abandoned and
derelict vehicles or the recycling or scrapping of vehicles now in effect
or hereafter enacted for the purpose of appropriation of funds for the payment
to or toward the junking, salvaging, recycling or scrapping of retired
and discarded vehicles.
Whenever federal funds are expended to provide for the
payment to or toward the junking, salvaging, recycling or scrapping of
such vehicles, the amount received as reimbursement therefor shall be
paid into the fund or trust fund in the State Treasury from which such expenditure
(Source: P.A. 81-653.)
625 ILCS 5/4-307
(625 ILCS 5/4-307)
(from Ch. 95 1/2, par. 4-307)
Funding and fees.
(a) The programs initiated by the Board
shall be funded by appropriations by the General Assembly to the Board.
In addition to any fees enacted by the General Assembly, the Board
shall recommend additional and optional methods of financing such programs
to the end that the programs shall become self-sufficient.
(b) In addition to any provisions made by the General Assembly,
the Board shall recommend incentives to induce the junking of abandoned
and derelict vehicles not suitable for rebuilding or restoring as antiques
or historic vehicles. The Board may further recommend a subsidy to
implement Section 4-305.
(Source: P.A. 84-470.)
625 ILCS 5/Ch. 5
(625 ILCS 5/Ch. 5 heading)
DEALERS, TRANSPORTERS, WRECKERS AND REBUILDERS
625 ILCS 5/5-100
(625 ILCS 5/5-100)
(from Ch. 95 1/2, par. 5-100)
For the purposes of this Chapter, the following
words shall have the meanings ascribed to them as follows:
"Additional place of business" means a place owned or leased and occupied
by the dealer in addition to its established place of business, at which the
dealer conducts or intends to conduct business on a permanent or long term
basis. The term does not include an area where an off site sale or exhibition
is conducted. The Secretary of State shall adopt guidelines for the
administration and enforcement of this definition by rule.
"Display exhibition" means a temporary display of vehicles by a dealer
licensed under Section 5-101 or 5-102, at a location at which no vehicles are
offered for sale, that is conducted at a place other than the dealer's
established and additional places of business.
"Established place of business" means the place owned or leased and occupied
by any person duly licensed or required to be licensed as a dealer for the
purpose of engaging in selling, buying, bartering, displaying, exchanging or
dealing in, on consignment or otherwise, vehicles and their essential parts
and for such other ancillary purposes as may be permitted by the Secretary
by rule. It shall include an office in which the dealer's records shall be
separate and distinct from any other business or tenant which may occupy
space in the same building except as provided in Section 5-101.1. This
office shall not be located in a house
trailer, residence, tent, temporary stand, temporary address, room or rooms
in a hotel or rooming house, nor the premises occupied by a single or
multiple unit residence. The established place of business of a scrap
processor shall be the fixed location where the scrap processor maintains
its principal place of business. The Secretary of State shall, by rule and
regulation, adopt guidelines for the administration and enforcement of this
definition, such as, but not limited to issues concerning the required
hours of operation, describing where vehicles are displayed and offered for
sale, where books and records are maintained and requirements for the
fulfillment of warranties. A dealer may have an additional place of business
as defined under this Section.
"Motor vehicle financing affiliate" means a business organization
business in Illinois that, pursuant to a written contract with either (1) a
single new or used
motor vehicle dealer or (2) a single group of new or used motor vehicle dealers
a common ownership within the group, purchases new or used motor vehicles on
of the dealer or group of dealers and then sells, transfers, or assigns those
to the dealer or group of dealers. The motor vehicle financing affiliate must
incorporated or organized solely to purchase new or used vehicles on behalf of
the new or
used motor vehicle dealer or group of dealers with which it has contracted,
shall not sell
motor vehicles at retail, shall perform only those business functions related
purchasing of motor vehicles and selling, transferring, or assigning those
to the dealer or group of dealers. The motor vehicle financing affiliate must
under the provisions of Section 5-101.1 and must not be licensed as a new or
"Off site sale" means the temporary display and sale of vehicles, for a
period of not more than 7 calendar days (excluding Sundays), by a dealer
licensed under Section 5-101 or 5-102 at a place other than the dealer's
established and additional places of business.
"Relevant market area", for a new vehicle dealer licensed under Section
5-101 and for a used vehicle dealer licensed under Section 5-102, means the
area within 10 miles of the established or additional place of business of the
dealer located in a county with a population of 300,000 or more, or within 15
miles if the established place of business is located in a county with a
population of less than 300,000.
"Trade show exhibition" means a temporary display of vehicles,
by dealers licensed under Section 5-101 or 5-102, or any other
person as defined in subsection (c) of Section 5-102.1, at a location at which
no vehicles are offered for sale that is conducted at a place other than the
dealer's established and additional places of business. In order for a display
exhibition to be considered a trade
show exhibition, it must be participated in by at least 3
dealers, 2 of which must be licensed under Section 5-101 or 5-102; and
a trade show exhibition of new vehicles shall only be participated in by
licensed new vehicle dealers at least 2 of which must be licensed under Section
(Source: P.A. 90-89, eff. 1-1-98; 91-415, eff. 1-1-00.)
625 ILCS 5/5-100-1
(625 ILCS 5/5-100-1)
(from Ch. 95 1/2, par. 5-100-1)
Findings and Purpose.
The General Assembly finds that:
(1) crimes involving the theft of vehicles and their parts have risen
steadily over the past years, with a resulting loss of millions of dollars
to the residents of this State; (2) essential to the criminal enterprise
of vehicle theft operations is the ability of thieves to transfer
or sell stolen vehicles or their parts through legitimate commercial
channels, making them available for sale to the automotive industry;
(3) vehicle dealers, scrap processors, automotive
parts recyclers, repairers and rebuilders who comprise the vast majority
of the persons engaged in the automotive business in this State are
frequently exposed to pressures and influences from motor vehicle
thieves; (4) elements of organized crime
are constantly attempting to influence businessmen engaged in the sale
and repair of motor vehicles so as to further their own criminal interests;
and (5) close and strict government regulation of vehicle dealers, scrap
processors, automotive parts recyclers,
repairers and rebuilders will provide a system of tracking the flow of
vehicles and their essential parts and therefore significantly reduce the
numbers of vehicle-related thefts in this State. It is, therefore, the
intent of the General Assembly to establish a system of mandatory licensing
and record keeping which will prevent or reduce the transfer or sale of
stolen vehicles or their parts within this State.
It further is the intent of the General Assembly that government
agencies work in cooperation with vehicle dealers, scrap processors,
automotive parts recyclers, repairers and rebuilders, utilizing their
professional expertise in the development and execution of programs and
strategies to reduce vehicle-related crime and maximize consumer
protection while ensuring a healthy business climate for the legitimate
(Source: P.A. 85-572.)