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90_HB1484
625 ILCS 5/2-111 from Ch. 95 1/2, par. 2-111
625 ILCS 5/3-707 from Ch. 95 1/2, par. 3-707
625 ILCS 5/7-601 from Ch. 95 1/2, par. 7-601
625 ILCS 5/7-602 from Ch. 95 1/2, par. 7-602
625 ILCS 5/7-606 from Ch. 95 1/2, par. 7-606
625 ILCS 5/7-606.5 new
Amends the Illinois Vehicle Code. Provides that if a
vehicle owner is in an accident and cannot provide proof of
coverage of the minimum liability insurance, the law
enforcement agency shall immediately confiscate that person's
registration plates. Provides a 7 business day period to
provide proof of coverage at the time of the accident without
being subject to a penalty. Provides that if that person
does not provide the required proof within the grace period,
the registration plates and other information shall be
forwarded to the Secretary of State. Provides that the
plates, upon receipt by the Secretary, shall be destroyed,
and the uninsured vehicle registration file shall be tagged
to prohibit issuance of new plates until the qualifications
for registration plate reinstatement have been satisfied.
Provides that an operator of a vehicle may produce proof of
his or her own liability insurance, if separate from the
coverage required for the vehicle. Exempts vehicles
registered in another jurisdiction from the required
liability insurance policy provisions. Generally effective
January 1, 1998, except that the Section regarding required
liability insurance policy takes effect July 1, 1998.
LRB9004136NTsb
LRB9004136NTsb
1 AN ACT to amend the Illinois Vehicle Code by changing
2 Sections 2-111, 3-707, 7-601, 7-602, and 7-606 and adding
3 Section 7-606.5.
4 Be it enacted by the People of the State of Illinois,
5 represented in the General Assembly:
6 Section 5. The Illinois Vehicle Code is amended by
7 changing Sections 2-111, 3-707, 7-601, 7-602, and 7-606 and
8 adding Section 7-606.5 as follows:
9 (625 ILCS 5/2-111) (from Ch. 95 1/2, par. 2-111)
10 Sec. 2-111. Seizure of documents and plates.
11 (a) The Secretary of State is authorized to take
12 possession of any certificate of title, registration card,
13 permit, license, registration plate, plates, or registration
14 sticker issued by him or her upon expiration, revocation,
15 cancellation or suspension thereof, or which is fictitious,
16 or which has been unlawfully or erroneously issued. Police
17 officers who have reasonable grounds to believe that any item
18 or items listed in this section should be seized shall
19 request the Secretary of State to take possession of such
20 item or items.
21 (b) If a vehicle owner involved in a accident cannot
22 prove that the vehicle is covered by the minimum liability
23 insurance as required under Section 7-601 of this Code, the
24 law enforcement agency at the accident site shall immediately
25 confiscate the vehicle's registration plates. The law
26 enforcement agency shall maintain these registration plates
27 for a period of 7 business days. If within the 7 business
28 day period the owner can prove the vehicle in question was
29 properly insured at the time of the accident, the
30 registration plates can be released to the vehicle owner with
31 no further penalty. After the 7 business day period has
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1 expired and the owner has not successfully proven compliance
2 with the minimum liability insurance requirements set forth
3 under Section 7-601 of this Code, the registration plates,
4 vehicle name, owner address, a copy of the CRASH report, and
5 a copy of any citation issued shall be forwarded to the
6 Secretary of State.
7 (Source: P.A. 82-433.)
8 (625 ILCS 5/3-707) (from Ch. 95 1/2, par. 3-707)
9 Sec. 3-707. Operation of uninsured motor vehicle -
10 penalty. No person shall operate a motor vehicle unless the
11 motor vehicle is covered by a liability insurance policy in
12 accordance with Section 7-601 of this Code.
13 Any person who fails to comply with a request by a law
14 enforcement officer for display of evidence of insurance, as
15 required under Section 7-602 of this Code, shall be deemed to
16 be operating an uninsured motor vehicle.
17 Any operator of a motor vehicle subject to registration
18 under this Code who is convicted of violating this Section is
19 guilty of a business offense and shall be required to pay a
20 fine in excess of $500, but not more than $1,000. However,
21 no person charged with violating this Section shall be
22 convicted if such person produces in court satisfactory
23 evidence, including the vehicle operator's own liability
24 insurance documentation, barring any policy exclusions, that
25 at the time of the arrest the motor vehicle was covered by a
26 liability insurance policy in accordance with Section 7-601
27 of this Code. The chief judge of each circuit may designate
28 an officer of the court to review the documentation
29 demonstrating that at the time of arrest the motor vehicle
30 was covered by a liability insurance policy in accordance
31 with Section 7-601 of this Code.
32 (Source: P.A. 88-315.)
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1 (625 ILCS 5/7-601) (from Ch. 95 1/2, par. 7-601)
2 Sec. 7-601. Required liability insurance policy.
3 (a) No person shall operate, register or maintain
4 registration of, and no owner shall permit another person to
5 operate, register or maintain registration of, a motor
6 vehicle designed to be used on a public highway unless the
7 motor vehicle is covered by a liability insurance policy.
8 The insurance policy shall be issued in amounts no less
9 than the minimum amounts set for bodily injury or death and
10 for destruction of property under Section 7-203 of this Code,
11 and shall be issued in accordance with the requirements of
12 Sections 143a and 143a-2 of the Illinois Insurance Code, as
13 amended. No insurer other than an insurer authorized to do
14 business in this State shall issue a policy pursuant to this
15 Section for any vehicle subject to registration under this
16 Code. Nothing herein shall deprive an insurer of any policy
17 defense available at common law.
18 (b) The following vehicles are exempt from the
19 requirements of this Section:
20 (1) vehicles subject to the provisions of Chapters
21 8 or 18a, Article III or Section 7-609 of Chapter 7, or
22 Sections 12-606 or 12-707.01 of Chapter 12 of this Code;
23 (2) vehicles required to file proof of liability
24 insurance with the Illinois Commerce Commission;
25 (3) vehicles covered by a certificate of
26 self-insurance under Section 7-502 of this Code;
27 (4) vehicles owned by the United States, the State
28 of Illinois, or any political subdivision, municipality
29 or local mass transit district;
30 (5) implements of husbandry;
31 (6) other vehicles complying with laws which
32 require them to be insured in amounts meeting or
33 exceeding the minimum amounts required under this
34 Section; and
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1 (7) inoperable or stored vehicles that are not
2 operated, as defined by rules and regulations of the
3 Secretary.
4 (8) Vehicles registered in another jurisdiction.
5 (Source: P.A. 88-315; 89-669, eff. 1-1-97.)
6 (625 ILCS 5/7-602) (from Ch. 95 1/2, par. 7-602)
7 Sec. 7-602. Insurance card. Every operator of a motor
8 vehicle subject to Section 7-601 of this Code shall carry
9 within the vehicle evidence of insurance. The evidence shall
10 be legible and sufficient to demonstrate that the motor
11 vehicle currently is covered by a liability insurance policy
12 as required under Section 7-601 of this Code and may include,
13 but is not limited to, the following:
14 (a) an insurance card provided by the insurer for
15 the owner or operator under this Section;
16 (b) the combination of proof of purchase of the
17 motor vehicle within the previous 60 days and a current
18 insurance card issued for the motor vehicle replaced by
19 such purchase;
20 (c) the current declarations page of a liability
21 insurance policy;
22 (d) a liability insurance binder, certificate of
23 liability insurance or receipt for payment to an insurer
24 or its authorized representative for a liability
25 insurance premium, provided such document contains all
26 information the Secretary of State by rule and regulation
27 may require;
28 (e) a current rental agreement;
29 (f) registration plates, registration sticker or
30 other evidence of registration issued by the Secretary
31 only upon submission of proof of liability insurance
32 pursuant to this Code;
33 (g) a certificate, decal, or other document or
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1 device issued by a governmental agency for a motor
2 vehicle indicating the vehicle is insured for liability
3 pursuant to law.
4 An insurance card shall be provided for each motor
5 vehicle insured by the insurer issuing the liability
6 insurance policy.
7 The form, contents and manner of issuance of the
8 insurance card shall be prescribed by rules and regulations
9 of the Secretary of State. The insurance card shall display
10 an effective date and an expiration date covering a period of
11 time not to exceed 12 months. The insurance card shall
12 contain the following disclaimer: "Examine policy exclusions
13 carefully. This form does not constitute any part of your
14 insurance policy." If the insurance policy represented by the
15 insurance card does not cover any driver operating the motor
16 vehicle with the owner's permission, or the owner when
17 operating a motor vehicle other than the vehicle for which
18 the policy is issued, the insurance card shall contain a
19 warning of such limitations in the coverage provided by the
20 policy.
21 No insurer shall issue a card, similar in appearance,
22 form and content to the insurance card required under this
23 Section, in connection with an insurance policy that does not
24 provide the liability insurance coverage required under
25 Section 7-601 of this Code.
26 The evidence of insurance shall be displayed upon request
27 made by any law enforcement officer wearing a uniform or
28 displaying a badge or other sign of authority. Any person
29 who fails or refuses to comply with such request is in
30 violation of Section 3-707 of this Code. Any person who
31 displays evidence of insurance, knowing there is no valid
32 liability insurance in effect on the motor vehicle as
33 required under Section 7-601 of this Code or knowing the
34 evidence of insurance is illegally altered, counterfeit or
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1 otherwise invalid, is in violation of Section 3-710 of this
2 Code.
3 "Display" means the manual surrender of the evidence of
4 insurance into the hands of the law enforcement officer,
5 court, or officer of the court making the request for the
6 officer's, court's, or officer of the court's inspection
7 thereof.
8 (Source: P.A. 88-315; 89-565, eff. 7-26-96.)
9 (625 ILCS 5/7-606) (from Ch. 95 1/2, par. 7-606)
10 Sec. 7-606. Uninsured motor vehicles - suspension and
11 reinstatement. The Secretary shall suspend the vehicle
12 registration of any motor vehicle determined by the Secretary
13 to be in violation of Section 7-601 of this Code, including
14 any motor vehicle operated in violation of Sections Section
15 3-707 and, 3-708 or 3-710 of this Code by an operator other
16 than the owner of the vehicle. Neither the fact that,
17 subsequent to the date of verification or conviction, the
18 owner acquired the required liability insurance policy nor
19 the fact that the owner terminated ownership of the motor
20 vehicle shall have any bearing upon the Secretary's decision
21 to suspend.
22 The Secretary is authorized to suspend the registration
23 of any motor vehicle registered in this State upon receiving
24 notice of the conviction of the operator of the motor vehicle
25 in another State of an offense which, if committed in this
26 State, would constitute a violation of Section 7-601 of this
27 Code.
28 Until it is terminated, the suspension shall remain in
29 force after the registration is renewed or a new registration
30 is acquired for the motor vehicle. The suspension also shall
31 apply to any motor vehicle to which the owner transfers the
32 registration.
33 In the case of a first violation, the Secretary shall
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1 terminate the suspension upon payment by the owner of a
2 reinstatement fee of $100 and submission of proof of
3 insurance as prescribed by the Secretary.
4 In the case of a second or subsequent violation by a
5 person having ownership interest in a motor vehicle or
6 vehicles within the preceding 4 years, or a violation of
7 Section 3-708 of this Code, the Secretary shall terminate the
8 suspension 4 months after its effective date upon payment by
9 the owner of a reinstatement fee of $100 and submission of
10 proof of insurance as prescribed by the Secretary.
11 All fees collected under this Section shall be deposited
12 into the Road Fund of the State treasury.
13 (Source: P.A. 88-315.)
14 (625 ILCS 5/7-606.5 new)
15 Sec. 7-606.5. Confiscated registration plates.
16 Registration plates confiscated under Section 2-111 of this
17 Code by a law enforcement agency for failure to carry the
18 minimum liability insurance as required under Section 7-601
19 of this Code and forwarded to the Secretary of State for
20 failure to prove compliance within 7 business days as
21 required by Section 2-111 of this Code shall be destroyed
22 upon receipt by the Secretary of State. The uninsured
23 vehicle registration file shall be tagged to prevent the
24 transfer, renewal, or purchase of new registration plates
25 until the proper registration plate reinstatement procedures
26 are followed.
27 Section 99. Effective date. This Act takes effect on
28 January 1, 1998, except that the changes to Section 7-601 of
29 the Illinois Vehicle Code take effect on July 1, 1998.