Bill Text: IL SB0102 | 2019-2020 | 101st General Assembly | Chaptered


Bill Title: Amends the State Vehicle Identification Act, the Counties Code, the Toll Highway Act, the Illinois Vehicle Code, and the Automated Traffic Control Systems in Highway Construction or Maintenance Zones Act. Provides that the Secretary of State may authorize the issuance of a digital registration plate to a vehicle in lieu of a set of static, metal registration plates, if the vehicle owner separately purchases the digital registration plate for a particular vehicle. Provides that the Secretary shall work with the vehicle owner and the distributor of the digital registration plates to coordinate the appropriate plate image and registration expiration to appear on the digital registration plate. Provides that one metal plate shall still be issued to the vehicle owner for the front end of the vehicle. Contains provisions governing: the renewal of digital registration plates; suspension and revocation of digital registration plates; and special license plates. Adds "digital registration plates" and "digital registration stickers" to references to "registration plates" and "registration stickers". Includes a statement of legislative intent. Effective immediately.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2019-08-16 - Public Act . . . . . . . . . 101-0395 [SB0102 Detail]

Download: Illinois-2019-SB0102-Chaptered.html



Public Act 101-0395
SB0102 EnrolledLRB101 04057 TAE 49065 b
AN ACT concerning transportation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. It is the intent of the General Assembly that
all references made to vehicle license plates and license plate
stickers be construed to include electronic vehicle license
plates and vehicle stickers as approved by the Secretary of
State. It is the policy of this State to encourage the issuance
of a combination of metal and electronic license plates and
vehicle stickers.
Section 5. The State Vehicle Identification Act is amended
by changing Sections 2 and 3 as follows:
(30 ILCS 610/2) (from Ch. 127, par. 133e2)
Sec. 2. All vehicles not exempt from identification by
Section 4 of this Act shall be identified by a special
registration plate or digital registration plate.
(Source: P.A. 83-449.)
(30 ILCS 610/3) (from Ch. 127, par. 133e3)
Sec. 3. Every agency, board, commission, branch or
department of this State or controlled by officers of this
State, possessing, operating or controlling vehicles shall
ensure insure that such vehicles are properly identified by
affixing the special registration plate or digital
registration plate at the first registration period following
the effective date of this amendatory Act of 1979. Such
agencies, boards, commissions, branches and departments shall
arrange for the replacement of missing registration plates or
digital registration plates when necessary in order that
vehicles at all times be clearly identified as belonging to the
State of Illinois.
(Source: P.A. 81-449.)
Section 10. The Counties Code is amended by changing
Section 5-12006 as follows:
(55 ILCS 5/5-12006) (from Ch. 34, par. 5-12006)
Sec. 5-12006. Vehicle removal.
(a) In any county with 500,000 or more inhabitants, but
fewer than 3,000,000, when a vehicle is abandoned or left
unattended on a highway other than a toll highway, interstate
highway, or expressway, outside of an urban district for 24
hours or more, its removal by a towing service may be
authorized by the administrative official charged with such
duty.
(b) When a vehicle removal from either public or private
property is authorized, the owner of the vehicle shall be
responsible for all towing costs.
Vehicles removed from public or private property and stored
by a commercial vehicle relocator or any other towing service
in compliance with the Illinois Vehicle Code shall be subject
to a possessory lien for services pursuant to "An Act
concerning liens for labor, services, skill or materials
furnished upon or storage furnished for chattels", filed July
24, 1941, as amended and the provision of Section 1 of that Act
relating to notice and implied consent shall be deemed
satisfied by compliance with Section 18a-302 and subsection (6)
of Section 18a-300 of The Illinois Vehicle Code. In no event
shall such lien be greater than the rate established in
accordance with subsection (3) of Section 18a-200 of The
Illinois Vehicle Code. In no event shall such lien be increased
or altered to reflect any charge for services or materials
rendered in addition to those authorized by this Division.
Every such lien shall be payable by use of any major credit
card, in addition to being payable in cash.
(c) When a vehicle is authorized to be towed away under
this Division, the administrative official authorizing the
towing shall keep and maintain a record of the vehicle towed,
listing the color, year of manufacture, manufacturer's trade
name, manufacturer's series name, body style, vehicle
identification number, license plate year and number and
registration sticker or digital registration sticker year and
number displayed on the vehicle. The record shall also include
the date and hour of tow, location towed from, location towed
to, reason for towing and the name of the officer authorizing
the tow.
The administrative official authorizing the towing shall
further follow the procedures for notification of record owner
or other legally entitled person, or if such person cannot be
identified, procedures for tracing vehicle ownership by the
Illinois State Police as set forth in The Illinois Vehicle Code
and procedures for disposing of unclaimed vehicles with or
without notice.
(Source: P.A. 86-962.)
Section 15. The Toll Highway Act is amended by changing
Section 27.2 as follows:
(605 ILCS 10/27.2)
Sec. 27.2. Obstruction of registration plate or digital
registration plate visibility to electronic image recording.
(a) A person may not operate on a toll highway any motor
vehicle that is equipped with tinted plastic or tinted glass
registration plate or digital registration plate covers or any
covers, coating, wrappings, materials, streaking, distorting,
holographic, reflective, or other devices that obstruct the
visibility or electronic image recording of the plate or
digital registration plate. This subsection (a) shall not apply
to automatic vehicle identification transponder devices, cards
or chips issued by a governmental body or authorized by a
governmental body for the purpose of electronic payment of
tolls or other authorized payments, the exemption of which
shall preempt any local legislation to the contrary.
(b) If a State or local law enforcement officer having
jurisdiction observes that a cover or other device or material
or substance is obstructing the visibility or electronic image
recording of the plate, the officer shall issue a Uniform
Traffic Citation and shall confiscate the cover or other device
that obstructs the visibility or electronic image recording of
the plate. If the State or local law enforcement officer having
jurisdiction observes that the plate itself has been physically
treated with a substance or material that is obstructing the
visibility or electronic image recording of the plate, the
officer shall issue a Uniform Traffic Citation and shall
confiscate the plate. The Secretary of State shall revoke the
registration of any plate that has been found by a court or
administrative tribunal to have been physically altered with
any chemical or reflective substance or coating that obstructs
the visibility or electronic image recording of the plate. A
fine of $750 shall be imposed in any instance where a plate
cover obstructs the visibility or electronic image recording of
the plate. A fine of $1,000 shall be imposed where a plate has
been physically altered with any chemical or reflective
substance or coating that obstructs the visibility or
electronic image recording of the plate.
(c) The Illinois Attorney General may file suit against any
individual or entity offering or marketing the sale, including
via the Internet, of any product advertised as having the
capacity to obstruct the visibility or electronic image
recording of a license plate or digital registration plate. In
addition to injunctive and monetary relief, punitive damages,
and attorneys fees, the suit shall also seek a full accounting
of the records of all sales to residents of or entities within
the State of Illinois.
(d) The provisions in this Section may be extended to other
public toll facilities in the State of Illinois through a duly
executed intergovernmental agreement between the Authority and
another public body.
(Source: P.A. 94-636, eff. 8-22-05.)
Section 20. The Illinois Vehicle Code is amended by
changing Sections 1-171, 1-190.1, 2-111, 3-400, 3-402, 3-404,
3-412, 3-413, 3-414, 3-417, 3-421, 3-501.1, 3-600, 3-607,
3-609, 3-639, 3-701, 3-702, 3-703, 3-704, 3-704.1, 3-706,
3-802, 3-806.3, 3-814.3, 3-814.4, 3-820, 3-824, 4-104, 4-105,
4-204, 5-202, 7-303, 7-402, 7-602, 8-113, 8-114, 9-109,
11-204.1, 11-208.6, 11-208.8, 11-208.9, 11-1201.1, 11-1301.1,
11-1301.2, 11-1303, 11-1304.5, 11-1305, 12-610, 13-101,
13C-55, and 20-401 and by adding Section 3-401.5 as follows:
(625 ILCS 5/1-171) (from Ch. 95 1/2, par. 1-171)
Sec. 1-171. Registration - Registration Sticker.
Registration. The registration certificate or certificates,
registration plates and registration stickers issued under the
laws of this State pertaining to the registration of vehicles.
Registration Sticker or Stickers. A device or devices to be
attached to a rear registration plate that will renew the
registration and registration plate or plates for a
pre-determined period not to exceed one registration year
except as provided in subsection (1) of Section 3-414 of this
Code. Should the Secretary of State determine it is advisable
to require a registration sticker to be attached to a front
registration plate, he may require such action and provide the
necessary additional sticker. Such determination shall be
publicly announced at least 30 days in advance of a new annual
registration year.
"Registration" and "registration sticker or stickers"
includes digital registration plates and digital registration
stickers issued by the Secretary of State under Section
3-401.5.
(Source: P.A. 80-1185.)
(625 ILCS 5/1-190.1)
Sec. 1-190.1. Special license plate. Registration plates
issued by the Secretary of State that by statute require, in
addition to the applicable registration fee, an additional fee
that is to be deposited into the Secretary of State Special
License Plate Fund. "Special license plate" includes digital
registration plates that by statute require, in addition to the
applicable registration fee, an additional fee that is to be
deposited into the Secretary of State Special License Plate
Fund.
(Source: P.A. 89-282, eff. 8-10-95.)
(625 ILCS 5/2-111) (from Ch. 95 1/2, par. 2-111)
Sec. 2-111. Seizure or confiscation of documents and
plates.
(a) The Secretary of State is authorized to take possession
of any certificate of title, registration card, permit,
license, registration plate or digital registration plate,
plates, disability license plate or parking decal or device, or
registration sticker or digital registration sticker issued by
him or her upon expiration, revocation, cancellation or
suspension thereof, or which is fictitious, or which has been
unlawfully or erroneously issued. Police officers who have
reasonable grounds to believe that any item or items listed in
this Section should be seized shall take possession of the
items and return them or cause them to be returned to the
Secretary of State.
(b) The Secretary of State is authorized to confiscate any
suspected fraudulent, fictitious, or altered documents
submitted by an applicant in support of an application for a
driver's license or permit.
(Source: P.A. 97-743, eff. 1-1-13.)
(625 ILCS 5/3-400) (from Ch. 95 1/2, par. 3-400)
Sec. 3-400. Definitions. Notwithstanding the definitions
set forth in Chapter 1 of this Act, for the purposes of this
Article, the following words shall have the meaning ascribed to
them as follows:
"Apportionable Fee" means any periodic recurring fee
required for licensing or registering vehicles, such as, but
not limited to, registration fees, license or weight fees.
"Apportionable Vehicle" means any vehicle, except
recreational vehicles, vehicles displaying restricted plates,
city pickup and delivery vehicles, buses used in transportation
of chartered parties, and government owned vehicles that are
used or intended for use in 2 or more member jurisdictions that
allocate or proportionally register vehicles, in a fleet which
is used for the transportation of persons for hire or the
transportation of property and which has a gross vehicle weight
in excess of 26,000 pounds; or has three or more axles
regardless of weight; or is used in combination when the weight
of such combination exceeds 26,000 pounds gross vehicle weight.
Vehicles, or combinations having a gross vehicle weight of
26,000 pounds or less and two-axle vehicles may be
proportionally registered at the option of such owner.
"Base Jurisdiction" means, for purposes of fleet
registration, the jurisdiction where the registrant has an
established place of business, where operational records of the
fleet are maintained and where mileage is accrued by the fleet.
In case a registrant operates more than one fleet, and
maintains records for each fleet in different places, the "base
jurisdiction" for a fleet shall be the jurisdiction where an
established place of business is maintained, where records of
the operation of that fleet are maintained and where mileage is
accrued by that fleet.
"Operational Records" means documents supporting miles
traveled in each jurisdiction and total miles traveled, such as
fuel reports, trip leases, and logs.
"Owner" means a person who holds legal title of a motor
vehicle, or in the event a motor vehicle is the subject of an
agreement for the conditional sale or lease thereof with the
right of purchase upon performance of the conditions stated in
the agreement and with an immediate right of possession vested
in the conditional vendee or lessee with right of purchase, or
in the event a mortgagor of such motor vehicle is entitled to
possession, or in the event a lessee of such motor vehicle is
entitled to possession or control, then such conditional vendee
or lessee with right of purchase or mortgagor or lessee is
considered to be the owner for the purpose of this Act.
"Registration plate or digital registration plate cover"
means any tinted, colored, painted, marked, clear, or
illuminated object that is designed to (i) cover any of the
characters of a motor vehicle's registration plate or digital
registration plate; or (ii) distort a recorded image of any of
the characters of a motor vehicle's registration plate or
digital registration plate recorded by an automated
enforcement system as defined in Section 11-208.6, 11-208.8, or
11-1201.1 of this Code or recorded by an automated traffic
control system as defined in Section 15 of the Automated
Traffic Control Systems in Highway Construction or Maintenance
Zones Act.
"Rental Owner" means an owner principally engaged, with
respect to one or more rental fleets, in renting to others or
offering for rental the vehicles of such fleets, without
drivers.
"Restricted Plates" shall include, but is not limited to,
dealer, manufacturer, transporter, farm, repossessor, and
permanently mounted type plates. Vehicles displaying any of
these type plates from a foreign jurisdiction that is a member
of the International Registration Plan shall be granted
reciprocity but shall be subject to the same limitations as
similar plated Illinois registered vehicles.
(Source: P.A. 98-463, eff. 8-16-13; 99-78, eff. 7-20-15.)
(625 ILCS 5/3-401.5 new)
Sec. 3-401.5. Digital registration plates and renewals.
(a) The Secretary of State may authorize the issuance of a
digital registration plate to a vehicle, in lieu of a set of
static, metal registration plates, if the vehicle owner
separately purchases the digital registration plate for a
particular vehicle. The Secretary shall consult with law
enforcement agencies when considering whether to approve the
design of a digital license plate. The display device must
allow for the automated image capture of letters and numbers
during daytime and nighttime, including when the vehicle is
parked or turned off. The Secretary shall work with the vehicle
owner and the distributor of the digital registration plates to
coordinate the appropriate plate image and registration
expiration to appear on the digital registration plate. One
metal plate shall still be issued to the vehicle owner for the
front end of the vehicle.
(b) The Secretary, for any vehicle owner that purchases a
digital registration plate, may electronically renew the
digital registration plate upon receiving the appropriate
renewal registration fee as set forth in this Code. The
Secretary may also authorize the image to be suspended or
revoked and replaced with an alternative image or blank screen
upon violation of any provision of this Code or the failure to
renew the digital registration plate.
(c) Before a digital registration plate may be issued in
lieu of a special plate authorized under Article VI of this
Chapter, the Secretary shall seek approval from the originating
organization, when possible, to authorize a digital version of
the static, metal plates issued to a vehicle owner.
(d) The owner of a digital registration plate is
responsible for any costs associated with using the digital
registration plate, including, but not limited to, the initial
purchase price and any replacement costs.
(e) The Secretary of State may adopt any rules necessary to
implement and develop a digital registration plate program,
including rules regarding the images that may appear on digital
registration plates.
(f) No image shall appear on a digital registration plate
without prior approval of the Secretary of State.
(625 ILCS 5/3-402) (from Ch. 95 1/2, par. 3-402)
Sec. 3-402. Vehicles subject to registration; exceptions.
A. Exemptions and Policy. Every motor vehicle, trailer,
semitrailer and pole trailer when driven or moved upon a
highway shall be subject to the registration and certificate of
title provisions of this Chapter except:
(1) Any such vehicle driven or moved upon a highway in
conformance with the provisions of this Chapter relating to
manufacturers, transporters, dealers, lienholders or
nonresidents or under a temporary registration permit
issued by the Secretary of State;
(2) Any implement of husbandry whether of a type
otherwise subject to registration hereunder or not which is
only incidentally operated or moved upon a highway, which
shall include a not-for-hire movement for the purpose of
delivering farm commodities to a place of first processing
or sale, or to a place of storage;
(3) Any special mobile equipment as herein defined;
(4) Any vehicle which is propelled exclusively by
electric power obtained from overhead trolley wires though
not operated upon rails;
(5) Any vehicle which is equipped and used exclusively
as a pumper, ladder truck, rescue vehicle, searchlight
truck, or other fire apparatus, but not a vehicle of a type
which would otherwise be subject to registration as a
vehicle of the first division;
(6) Any vehicle which is owned and operated by the
federal government and externally displays evidence of
federal ownership. It is the policy of the State of
Illinois to promote and encourage the fullest use of its
highways and to enhance the flow of commerce thus
contributing to the economic, agricultural, industrial and
social growth and development of this State, by authorizing
the Secretary of State to negotiate and enter into
reciprocal or proportional agreements or arrangements with
other States, or to issue declarations setting forth
reciprocal exemptions, benefits and privileges with
respect to vehicles operated interstate which are properly
registered in this and other States, assuring nevertheless
proper registration of vehicles in Illinois as may be
required by this Code;
(7) Any converter dolly or tow dolly which merely
serves as substitute wheels for another legally licensed
vehicle. A title may be issued on a voluntary basis to a
tow dolly upon receipt of the manufacturer's certificate of
origin or the bill of sale;
(8) Any house trailer found to be an abandoned mobile
home under the Abandoned Mobile Home Act;
(9) Any vehicle that is not properly registered or does
not have registration plates or digital registration
plates issued to the owner or operator affixed thereto, or
that does have registration plates or digital registration
plates issued to the owner or operator affixed thereto but
the plates are not appropriate for the weight of the
vehicle, provided that this exemption shall apply only
while the vehicle is being transported or operated by a
towing service and has a third tow plate affixed to it.
B. Reciprocity. Any motor vehicle, trailer, semitrailer or
pole trailer need not be registered under this Code provided
the same is operated interstate and in accordance with the
following provisions and any rules and regulations promulgated
pursuant thereto:
(1) A nonresident owner, except as otherwise provided
in this Section, owning any foreign registered vehicle of a
type otherwise subject to registration hereunder, may
operate or permit the operation of such vehicle within this
State in interstate commerce without registering such
vehicle in, or paying any fees to, this State subject to
the condition that such vehicle at all times when operated
in this State is operated pursuant to a reciprocity
agreement, arrangement or declaration by this State, and
further subject to the condition that such vehicle at all
times when operated in this State is duly registered in,
and displays upon it, a valid registration card and
registration plate or plates or digital registration plate
or plates issued for such vehicle in the place of residence
of such owner and is issued and maintains in such vehicle a
valid Illinois reciprocity permit as required by the
Secretary of State, and provided like privileges are
afforded to residents of this State by the State of
residence of such owner.
Every nonresident including any foreign corporation
carrying on business within this State and owning and
regularly operating in such business any motor vehicle,
trailer or semitrailer within this State in intrastate
commerce, shall be required to register each such vehicle
and pay the same fees therefor as is required with
reference to like vehicles owned by residents of this
State.
(2) Any motor vehicle, trailer, semitrailer and pole
trailer operated interstate need not be registered in this
State, provided:
(a) that the vehicle is properly registered in
another State pursuant to law or to a reciprocity
agreement, arrangement or declaration; or
(b) that such vehicle is part of a fleet of
vehicles owned or operated by the same person who
registers such fleet of vehicles pro rata among the
various States in which such fleet operates; or
(c) that such vehicle is part of a fleet of
vehicles, a portion of which are registered with the
Secretary of State of Illinois in accordance with an
agreement or arrangement concurred in by the Secretary
of State of Illinois based on one or more of the
following factors: ratio of miles in Illinois as
against total miles in all jurisdictions; situs or base
of a vehicle, or where it is principally garaged, or
from whence it is principally dispatched or where the
movements of such vehicle usually originate; situs of
the residence of the owner or operator thereof, or of
his principal office or offices, or of his places of
business; the routes traversed and whether regular or
irregular routes are traversed, and the jurisdictions
traversed and served; and such other factors as may be
deemed material by the Secretary and the motor vehicle
administrators of the other jurisdictions involved in
such apportionment. Such vehicles shall maintain
therein any reciprocity permit which may be required by
the Secretary of State pursuant to rules and
regulations which the Secretary of State may
promulgate in the administration of this Code, in the
public interest.
(3) (a) In order to effectuate the purposes of this
Code, the Secretary of State of Illinois is empowered
to negotiate and execute written reciprocal agreements
or arrangements with the duly authorized
representatives of other jurisdictions, including
States, districts, territories and possessions of the
United States, and foreign states, provinces, or
countries, granting to owners or operators of vehicles
duly registered or licensed in such other
jurisdictions and for which evidence of compliance is
supplied, benefits, privileges and exemption from the
payment, wholly or partially, of any taxes, fees or
other charges imposed with respect to the ownership or
operation of such vehicles by the laws of this State
except the tax imposed by the Motor Fuel Tax Law,
approved March 25, 1929, as amended, and the tax
imposed by the Use Tax Act, approved July 14, 1955, as
amended.
The Secretary of State may negotiate agreements or
arrangements as are in the best interests of this State
and the residents of this State pursuant to the
policies expressed in this Section taking into
consideration the reciprocal exemptions, benefits and
privileges available and accruing to residents of this
State and vehicles registered in this State.
(b) Such reciprocal agreements or arrangements
shall provide that vehicles duly registered or
licensed in this State when operated upon the highways
of such other jurisdictions, shall receive exemptions,
benefits and privileges of a similar kind or to a
similar degree as extended to vehicles from such
jurisdictions in this State.
(c) Such agreements or arrangements may also
authorize the apportionment of registration or
licensing of fleets of vehicles operated interstate,
based on any or all of the following factors: ratio of
miles in Illinois as against total miles in all
jurisdictions; situs or base of a vehicle, or where it
is principally garaged or from whence it is principally
dispatched or where the movements of such vehicle
usually originate; situs of the residence of the owner
or operator thereof, or of his principal office or
offices, or of his places of business; the routes
traversed and whether regular or irregular routes are
traversed, and the jurisdictions traversed and served;
and such other factors as may be deemed material by the
Secretary and the motor vehicle administrators of the
other jurisdictions involved in such apportionment,
and such vehicles shall likewise be entitled to
reciprocal exemptions, benefits and privileges.
(d) Such agreements or arrangements shall also
provide that vehicles being operated in intrastate
commerce in Illinois shall comply with the
registration and licensing laws of this State, except
that vehicles which are part of an apportioned fleet
may conduct an intrastate operation incidental to
their interstate operations. Any motor vehicle
properly registered and qualified under any reciprocal
agreement or arrangement under this Code and not having
a situs or base within Illinois may complete the
inbound movement of a trailer or semitrailer to an
Illinois destination that was brought into Illinois by
a motor vehicle also properly registered and qualified
under this Code and not having a situs or base within
Illinois, or may complete an outbound movement of a
trailer or semitrailer to an out-of-state destination
that was originated in Illinois by a motor vehicle also
properly registered and qualified under this Code and
not having a situs or base in Illinois, only if the
operator thereof did not break bulk of the cargo laden
in such inbound or outbound trailer or semitrailer.
Adding or unloading intrastate cargo on such inbound or
outbound trailer or semitrailer shall be deemed as
breaking bulk.
(e) Such agreements or arrangements may also
provide for the determination of the proper State in
which leased vehicles shall be registered based on the
factors set out in subsection (c) above and for
apportionment of registration of fleets of leased
vehicles by the lessee or by the lessor who leases such
vehicles to persons who are not fleet operators.
(f) Such agreements or arrangements may also
include reciprocal exemptions, benefits or privileges
accruing under The Illinois Driver Licensing Law or The
Driver License Compact.
(4) The Secretary of State is further authorized to
examine the laws and requirements of other jurisdictions,
and, in the absence of a written agreement or arrangement,
to issue a written declaration of the extent and nature of
the exemptions, benefits and privileges accorded to
vehicles of this State by such other jurisdictions, and the
extent and nature of reciprocal exemptions, benefits and
privileges thereby accorded by this State to the vehicles
of such other jurisdictions. A declaration by the Secretary
of State may include any, part or all reciprocal
exemptions, benefits and privileges or provisions as may be
included within an agreement or arrangement.
(5) All agreements, arrangements, declarations and
amendments thereto, shall be in writing and become
effective when signed by the Secretary of State, and copies
of all such documents shall be available to the public upon
request.
(6) The Secretary of State is further authorized to
require the display by foreign registered trucks,
truck-tractors and buses, entitled to reciprocal benefits,
exemptions or privileges hereunder, a reciprocity permit
for external display before any such reciprocal benefits,
exemptions or privileges are granted. The Secretary of
State shall provide suitable application forms for such
permit and shall promulgate and publish reasonable rules
and regulations for the administration and enforcement of
the provisions of this Code including a provision for
revocation of such permit as to any vehicle operated
wilfully in violation of the terms of any reciprocal
agreement, arrangement or declaration or in violation of
the Illinois Motor Carrier of Property Law, as amended.
(7) (a) Upon the suspension, revocation or denial of
one or more of all reciprocal benefits, privileges and
exemptions existing pursuant to the terms and
provisions of this Code or by virtue of a reciprocal
agreement or arrangement or declaration thereunder;
or, upon the suspension, revocation or denial of a
reciprocity permit; or, upon any action or inaction of
the Secretary in the administration and enforcement of
the provisions of this Code, any person, resident or
nonresident, so aggrieved, may serve upon the
Secretary, a petition in writing and under oath,
setting forth the grievance of the petitioner, the
grounds and basis for the relief sought, and all
necessary facts and particulars, and request an
administrative hearing thereon. Within 20 days, the
Secretary shall set a hearing date as early as
practical. The Secretary may, in his discretion,
supply forms for such a petition. The Secretary may
require the payment of a fee of not more than $50 for
the filing of any petition, motion, or request for
hearing conducted pursuant to this Section. These fees
must be deposited into the Secretary of State DUI
Administration Fund, a special fund that is hereby
created in the State treasury, and, subject to
appropriation and as directed by the Secretary of
State, shall be used to fund the operation of the
hearings department of the Office of the Secretary of
State and for no other purpose. The Secretary shall
establish by rule the amount and the procedures, terms,
and conditions relating to these fees.
(b) The Secretary may likewise, in his discretion
and upon his own petition, order a hearing, when in his
best judgment, any person is not entitled to the
reciprocal benefits, privileges and exemptions
existing pursuant to the terms and provisions of this
Code or under a reciprocal agreement or arrangement or
declaration thereunder or that a vehicle owned or
operated by such person is improperly registered or
licensed, or that an Illinois resident has improperly
registered or licensed a vehicle in another
jurisdiction for the purposes of violating or avoiding
the registration laws of this State.
(c) The Secretary shall notify a petitioner or any
other person involved of such a hearing, by giving at
least 10 days notice, in writing, by U.S. Mail,
Registered or Certified, or by personal service, at the
last known address of such petitioner or person,
specifying the time and place of such hearing. Such
hearing shall be held before the Secretary, or any
person as he may designate, and unless the parties
mutually agree to some other county in Illinois, the
hearing shall be held in the County of Sangamon or the
County of Cook. Appropriate records of the hearing
shall be kept, and the Secretary shall issue or cause
to be issued, his decision on the case, within 30 days
after the close of such hearing or within 30 days after
receipt of the transcript thereof, and a copy shall
likewise be served or mailed to the petitioner or
person involved.
(d) The actions or inactions or determinations, or
findings and decisions upon an administrative hearing,
of the Secretary, shall be subject to judicial review
in the Circuit Court of the County of Sangamon or the
County of Cook, and the provisions of the
Administrative Review Law, and all amendments and
modifications thereof and rules adopted pursuant
thereto, apply to and govern all such reviewable
matters.
Any reciprocal agreements or arrangements entered
into by the Secretary of State or any declarations
issued by the Secretary of State pursuant to any law in
effect prior to the effective date of this Code are not
hereby abrogated, and such shall continue in force and
effect until amended pursuant to the provisions of this
Code or expire pursuant to the terms or provisions
thereof.
(Source: P.A. 92-418, eff. 8-17-01; 92-651, eff. 7-11-02.)
(625 ILCS 5/3-404) (from Ch. 95 1/2, par. 3-404)
Sec. 3-404. Vehicles of second division carrying persons or
property - Required documents. The Secretary of State shall
require an appropriate document, including but not limited to a
bill of lading, trip manifest or dispatch record, to be
carried, on all vehicles of the second division, carrying
persons or property setting forth therein:
(a) the point of origin and destination of the vehicle and
its cargo or the persons being carried;
(b) whether the movement is for-hire or not-for-hire; and
(c) whether the movement is intrastate or interstate as
defined by this Act.
The Secretary of State shall promulgate and publish
reasonable rules and regulations for the administration and
enforcement of this requirement. Vehicles bearing valid
current Illinois registration plate or plates or digital
registration plate or plates and registration stickers or
digital registration stickers where applicable shall be
exempted from such requirement by the Secretary of State
whether the movement is "intrastate" or "interstate" as defined
in this Act.
(Source: P.A. 80-230.)
(625 ILCS 5/3-412) (from Ch. 95 1/2, par. 3-412)
Sec. 3-412. Registration plates or digital registration
plates and registration stickers or digital registration
stickers to be furnished by the Secretary of State.
(a) The Secretary of State upon registering a vehicle
subject to annual registration for the first time shall issue
or shall cause to be issued to the owner one registration plate
or digital registration plate for a motorcycle, trailer,
semitrailer, moped, autocycle, or truck-tractor, 2
registration plates, or a digital registration plate and metal
plate as set forth in Section 3-401.5, for other motor vehicles
and, where applicable, current registration stickers or
digital registration stickers for motor vehicles of the first
division. The provisions of this Section may be made applicable
to such vehicles of the second division, as the Secretary of
State may, from time to time, in his discretion designate. On
subsequent annual registrations during the term of the
registration plate or digital registration plate as provided in
Section 3-414.1, the Secretary shall issue or cause to be
issued registration stickers or digital registration stickers
as evidence of current registration. However, the issuance of
annual registration stickers or digital registration stickers
to vehicles registered under the provisions of Sections 3-402.1
and 3-405.3 of this Code may not be required if the Secretary
deems the issuance unnecessary.
(b) Every registration plate or digital registration plate
shall have displayed upon it the registration number assigned
to the vehicle for which it is issued, the name of this State,
which may be abbreviated, the year number for which it was
issued, which may be abbreviated, the phrase "Land of Lincoln"
(except as otherwise provided in this Code), and such other
letters or numbers as the Secretary may prescribe. However, for
apportionment plates issued to vehicles registered under
Section 3-402.1 and fleet plates issued to vehicles registered
under Section 3-405.3, the phrase "Land of Lincoln" may be
omitted to allow for the word "apportioned", the word "fleet",
or other similar language to be displayed. Registration plates
or digital registration plates issued to a vehicle registered
as a fleet vehicle may display a designation determined by the
Secretary.
The Secretary may in his discretion prescribe that letters
be used as prefixes only on registration plates or digital
registration plates issued to vehicles of the first division
which are registered under this Code and only as suffixes on
registration plates or digital registration plates issued to
other vehicles. Every registration sticker or digital
registration sticker issued as evidence of current
registration shall designate the year number for which it is
issued and such other letters or numbers as the Secretary may
prescribe and shall be of a contrasting color with the
registration plates or digital registration plates and
registration stickers or digital registration stickers of the
previous year.
(c) Each registration plate or digital registration plate
and the required letters and numerals thereon, except the year
number for which issued, shall be of sufficient size to be
plainly readable from a distance of 100 feet during daylight,
and shall be coated with reflectorizing material. The
dimensions of the plate issued to vehicles of the first
division shall be 6 by 12 inches.
(d) The Secretary of State shall issue for every passenger
motor vehicle rented without a driver the same type of
registration plates or digital registration plates as the type
of plates issued for a private passenger vehicle.
(e) The Secretary of State shall issue for every passenger
car used as a taxicab or livery, distinctive registration
plates or digital registration plates.
(f) The Secretary of State shall issue for every motorcycle
distinctive registration plates or digital registration plates
distinguishing between motorcycles having 150 or more cubic
centimeters piston displacement, or having less than 150 cubic
centimeter piston displacement.
(g) Registration plates or digital registration plates
issued to vehicles for-hire may display a designation as
determined by the Secretary that such vehicles are for-hire.
(h) (Blank).
(i) The Secretary of State shall issue for every public and
private ambulance registration plates or digital registration
plates identifying the vehicle as an ambulance. The Secretary
shall forward to the Department of Healthcare and Family
Services registration information for the purpose of
verification of claims filed with the Department by ambulance
owners for payment for services to public assistance
recipients.
(j) The Secretary of State shall issue for every public and
private medical carrier or rescue vehicle livery registration
plates or digital registration plates displaying numbers
within ranges of numbers reserved respectively for medical
carriers and rescue vehicles. The Secretary shall forward to
the Department of Healthcare and Family Services registration
information for the purpose of verification of claims filed
with the Department by owners of medical carriers or rescue
vehicles for payment for services to public assistance
recipients.
(k) The Secretary of State shall issue distinctive license
plates or digital registration plates or distinctive license
plate stickers or digital registration stickers for every
vehicle exempted from subsections (a) and (a-5) of Section
12-503 by subsection (g) of that Section, and by subsection
(g-5) of that Section before its deletion by this amendatory
Act of the 95th General Assembly. The Secretary shall issue
these plates or stickers immediately upon receiving the
physician's certification required under subsection (g) of
Section 12-503. New plates or stickers shall also be issued
when the certification is renewed as provided in that
subsection.
(l) The Secretary of State shall issue distinctive
registration plates or digital registration plates for
low-speed vehicles.
(m) The Secretary of State shall issue distinctive
registration plates or digital registration plates for
autocycles. The dimensions of the plate issued to autocycles
shall be 4 by 7 inches.
(Source: P.A. 98-777, eff. 1-1-15.)
(625 ILCS 5/3-413) (from Ch. 95 1/2, par. 3-413)
Sec. 3-413. Display of registration plates or digital
registration plates, registration stickers or digital
registration stickers, and drive-away permits; registration
plate or digital registration plate covers.
(a) Registration plates or digital registration plates
issued for a motor vehicle other than a motorcycle, autocycle,
trailer, semitrailer, truck-tractor, apportioned bus, or
apportioned truck shall be attached thereto, one in the front
and one in the rear. The registration plate or digital
registration plate issued for a motorcycle, autocycle, trailer
or semitrailer required to be registered hereunder and any
apportionment plate issued to a bus under the provisions of
this Code shall be attached to the rear thereof. The
registration plate or digital registration plate issued for a
truck-tractor or an apportioned truck required to be registered
hereunder shall be attached to the front thereof.
(b) Except for vehicles with rear loaded motorized
forklifts, every registration plate or digital registration
plate shall at all times be securely fastened in a horizontal
position to the vehicle for which it is issued so as to prevent
the plate from swinging and at a height of not less than 5
inches from the ground, measuring from the bottom of such
plate, in a place and position to be clearly visible and shall
be maintained in a condition to be clearly legible, free from
any materials that would obstruct the visibility of the plate.
A registration plate or digital registration plate on a
motorcycle may be mounted vertically as long as it is otherwise
clearly visible. Registration stickers or digital registration
stickers issued as evidence of renewed annual registration
shall be attached to registration plates or displayed on
digital registration plates as required by the Secretary of
State, and be clearly visible at all times. For those vehicles
with rear loaded motorized forklifts, if the rear plate is
securely fastened in a horizontal position as prescribed, the
plate and registration sticker shall not be required to be
clearly visible at all times as a result of the rear mounted
motorized forklift obstructing the view.
(c) Every drive-away permit issued pursuant to this Code
shall be firmly attached to the motor vehicle in the manner
prescribed by the Secretary of State. If a drive-away permit is
affixed to a motor vehicle in any other manner the permit shall
be void and of no effect.
(d) The Illinois prorate decal issued to a foreign
registered vehicle part of a fleet prorated or apportioned with
Illinois, shall be displayed on a registration plate or digital
registration plate and displayed on the front of such vehicle
in the same manner as an Illinois registration plate or digital
registration plate.
(e) The registration plate or digital registration plate
issued for a camper body mounted on a truck displaying
registration plates or digital registration plates shall be
attached to the rear of the camper body.
(f) No person shall operate a vehicle, nor permit the
operation of a vehicle, upon which is displayed an Illinois
registration plate or , plates or digital registration plate or
plates or registration stickers or digital registration
stickers, except as provided for in subsection (b) of Section
3-701 of this Code, after the termination of the registration
period for which issued or after the expiration date set
pursuant to Sections 3-414 and 3-414.1 of this Code.
(g) A person may not operate any motor vehicle that is
equipped with registration plate or digital registration plate
covers. A violation of this subsection (g) or a similar
provision of a local ordinance is an offense against laws and
ordinances regulating the movement of traffic.
(h) A person may not sell or offer for sale a registration
plate or digital registration plate cover. A violation of this
subsection (h) is a business offense.
(i) A person may not advertise for the purpose of promoting
the sale of registration plate or digital registration plate
covers. A violation of this subsection (i) is a business
offense.
(j) A person may not modify the original manufacturer's
mounting location of the rear registration plate or digital
registration plate on any vehicle so as to conceal the
registration or to knowingly cause it to be obstructed in an
effort to hinder a peace officer from obtaining the
registration for the enforcement of a violation of this Code,
Section 27.1 of the Toll Highway Act concerning toll evasion,
or any municipal ordinance. Modifications prohibited by this
subsection (j) include but are not limited to the use of an
electronic device. A violation of this subsection (j) is a
Class A misdemeanor.
(Source: P.A. 98-777, eff. 1-1-15; 98-1103, eff. 1-1-15; 99-68,
eff. 1-1-16; 99-78, eff. 7-20-15.)
(625 ILCS 5/3-414) (from Ch. 95 1/2, par. 3-414)
Sec. 3-414. Expiration of registration.
(a) Every vehicle registration under this Chapter and every
registration card and registration plate or digital
registration plate or registration sticker or digital
registration sticker issued hereunder to a vehicle shall be for
the periods specified in this Chapter and shall expire at
midnight on the day and date specified in this Section as
follows:
1. When registered on a calendar year basis commencing
January 1, expiration shall be on the 31st day of December
or at such other date as may be selected in the discretion
of the Secretary of State; however, through December 31,
2004, registrations of apportionable vehicles,
motorcycles, motor driven cycles and pedalcycles shall
commence on the first day of April and shall expire March
31st of the following calendar year;
1.1. Beginning January 1, 2005, registrations of
motorcycles and motor driven cycles shall commence on
January 1 and shall expire on December 31 or on another
date that may be selected by the Secretary; registrations
of apportionable vehicles and pedalcycles, however, shall
commence on the first day of April and shall expire March
31 of the following calendar year;
2. When registered on a 2 calendar year basis
commencing January 1 of an even-numbered year, expiration
shall be on the 31st day of December of the ensuing
odd-numbered year, or at such other later date as may be
selected in the discretion of the Secretary of State not
beyond March 1 next;
3. When registered on a fiscal year basis commencing
July 1, expiration shall be on the 30th day of June or at
such other later date as may be selected in the discretion
of the Secretary of State not beyond September 1 next;
4. When registered on a 2 fiscal year basis commencing
July 1 of an even-numbered year, expiration shall be on the
30th day of June of the ensuing even-numbered year, or at
such other later date as may be selected in the discretion
of the Secretary of State not beyond September 1 next;
5. When registered on a 4 fiscal year basis commencing
July 1 of an even-numbered year, expiration shall be on the
30th day of June of the second ensuing even-numbered year,
or at such other later date as may be selected in the
discretion of the Secretary of State not beyond September 1
next.
(a-5) The Secretary may, in his or her discretion, require
an owner of a motor vehicle of the first division or a motor
vehicle of the second division weighing not more than 8,000
pounds to select the owner's birthday as the date of
registration expiration under this Section. If the motor
vehicle has more than one registered owner, the owners may
select one registered owner's birthday as the date of
registration expiration. The Secretary may adopt any rules
necessary to implement this subsection.
(b) Vehicle registrations of vehicles of the first division
shall be for a calendar year, 2 calendar year, 3 calendar year,
or 5 calendar year basis as provided for in this Chapter.
Vehicle registrations of vehicles under Sections 3-808 and
3-809 shall be on an indefinite term basis or a 2 calendar year
basis as provided for in this Chapter.
Vehicle registrations for vehicles of the second division
shall be for a fiscal year, 2 fiscal year or calendar year
basis as provided for in this Chapter.
Motor vehicles registered under the provisions of Section
3-402.1 shall be issued multi-year registration plates or
digital registration plates with a new registration card issued
annually upon payment of the appropriate fees. Motor vehicles
registered under the provisions of Section 3-405.3 shall be
issued multi-year registration plates or digital registration
plates with a new multi-year registration card issued pursuant
to subsections (j), (k), and (l) of this Section upon payment
of the appropriate fees. Apportionable trailers and
apportionable semitrailers registered under the provisions of
Section 3-402.1 shall be issued multi-year registration plates
or digital registration plates and cards that will be subject
to revocation for failure to pay annual fees required by
Section 3-814.1. The Secretary shall determine when these
vehicles shall be issued new registration plates or digital
registration plates.
(c) Every vehicle registration specified in Section 3-810
and every registration card and registration plate or digital
registration plate or registration sticker or digital
registration sticker issued thereunder shall expire on the 31st
day of December of each year or at such other date as may be
selected in the discretion of the Secretary of State.
(d) Every vehicle registration for a vehicle of the second
division weighing over 8,000 pounds, except as provided in
subsection (g) of this Section, and every registration card and
registration plate or registration sticker, or digital
registration plate or digital registration sticker, where
applicable, issued hereunder to such vehicles shall be issued
for a fiscal year commencing on July 1st of each registration
year. However, the Secretary of State may, pursuant to an
agreement or arrangement or declaration providing for
apportionment of a fleet of vehicles with other jurisdictions,
provide for registration of such vehicles under apportionment
or for all of the vehicles registered in Illinois by an
applicant who registers some of his vehicles under
apportionment on a calendar year basis instead, and the fees or
taxes to be paid on a calendar year basis shall be identical to
those specified in this Code for a fiscal year registration.
Provision for installment payment may also be made.
(e) Semitrailer registrations under apportionment may be
on a calendar year under a reciprocal agreement or arrangement
and all other semitrailer registrations shall be on fiscal year
or 2 fiscal year or 4 fiscal year basis as provided for in this
Chapter.
(f) The Secretary of State may convert annual registration
plates or digital registration plates or 2-year registration
plates or digital registration plates, whether registered on a
calendar year or fiscal year basis, to multi-year plates. The
determination of which plate categories and when to convert to
multi-year plates is solely within the discretion of the
Secretary of State.
(g) After January 1, 1975, each registration, registration
card and registration plate or digital registration plate or
registration sticker or digital registration sticker, where
applicable, issued for a recreational vehicle or recreational
or camping trailer, except a house trailer, used exclusively by
the owner for recreational purposes, and not used commercially
nor as a truck or bus, nor for hire, shall be on a calendar year
basis; except that the Secretary of State shall provide for
registration and the issuance of registration cards and plates
or registration stickers, or digital registration plates or
stickers, where applicable, for one 6-month period in order to
accomplish an orderly transition from a fiscal year to a
calendar year basis. Fees and taxes due under this Code for a
registration year shall be appropriately reduced for such
6-month transitional registration period.
(h) The Secretary of State may, in order to accomplish an
orderly transition for vehicles registered under Section
3-402.1 of this Code from a calendar year registration to a
March 31st expiration, require applicants to pay fees and taxes
due under this Code on a 15 month registration basis. However,
if in the discretion of the Secretary of State this creates an
undue hardship on any applicant the Secretary may allow the
applicant to pay 3 month fees and taxes at the time of
registration and the additional 12 month fees and taxes to be
payable no later than March 31, 1992.
(i) The Secretary of State may stagger registrations, or
change the annual expiration date, as necessary for the
convenience of the public and the efficiency of his Office. In
order to appropriately and effectively accomplish any such
staggering, the Secretary of State is authorized to prorate all
required registration fees, rounded to the nearest dollar, but
in no event for a period longer than 18 months, at a monthly
rate for a 12-month registration fee.
(j) The Secretary of State may enter into an agreement with
a rental owner, as defined in Section 3-400 of this Code, who
registers a fleet of motor vehicles of the first division
pursuant to Section 3-405.3 of this Code to provide for the
registration of the rental owner's vehicles on a 2 or 3
calendar year basis and the issuance of multi-year registration
plates or digital registration plates with a new registration
card issued up to every 3 years.
(k) The Secretary of State may provide multi-year
registration cards for any registered fleet of motor vehicles
of the first or second division that are registered pursuant to
Section 3-405.3 of this Code. Each motor vehicle of the
registered fleet must carry a unique multi-year registration
card that displays the vehicle identification number of the
registered motor vehicle. The Secretary of State shall
promulgate rules in order to implement multi-year
registrations.
(l) Beginning with the 2018 registration year, the
Secretary of State may enter into an agreement with a rental
owner, as defined in Section 3-400 of this Code, who registers
a fleet of motor vehicles of the first division under Section
3-405.3 of this Code to provide for the registration of the
rental owner's vehicle on a 5 calendar year basis. Motor
vehicles registered on a 5 calendar year basis shall be issued
a distinct registration plate or digital registration plate
that expires on a 5-year cycle. The Secretary may prorate the
registration of these registration plates or digital
registration plates to the length of time remaining in the
5-year cycle. The Secretary may adopt any rules necessary to
implement this subsection.
(Source: P.A. 99-80, eff. 1-1-16; 99-644, eff. 1-1-17; 100-201,
eff. 8-18-17; 100-863, eff. 8-14-18; 100-956, eff. 1-1-19.)
(625 ILCS 5/3-417) (from Ch. 95 1/2, par. 3-417)
Sec. 3-417. Lost or damaged or stolen cards, plates and
registration stickers.
(a) In the event any registration card, plate or digital
plate, registration sticker or digital registration sticker,
or other Illinois evidence of proper registration is lost,
mutilated or becomes illegible, the owner or legal
representative or successor in interest of the owner of the
vehicle for which the same was issued as shown by the records
of the Secretary of State shall immediately make application
for and may obtain a duplicate under a new registration card,
plate or digital plate, registration sticker or digital
registration sticker, or other Illinois evidence of proper
registration.
(b) In the event any registration card, plate or digital
plate, registration sticker or digital registration sticker,
or other Illinois evidence of proper registration is stolen
from the owner, the owner or legal representative or successor
in interest of the owner of the vehicle shall promptly notify
the Secretary of State, and in order to comply with Section
3-413 of this Act the owner shall make application for and
obtain a duplicate registration card, plate or digital plate,
registration sticker or digital registration sticker, or other
Illinois evidence of proper registration.
(c) The Secretary of State may, if advisable, issue a
substitute or new registration number in lieu of issuing a
duplicate.
(d) An applicant for a duplicate shall furnish information
satisfactory to and prescribed by the Secretary of State, and
he or she shall forward with the application, the fees
prescribed by law.
(Source: P.A. 81-308.)
(625 ILCS 5/3-421) (from Ch. 95 1/2, par. 3-421)
Sec. 3-421. Right of reassignment.
(a) Every natural person shall have the right of
reassignment of the license number issued to him during the
current registration plate or digital registration plate term,
for the ensuing registration plate or digital registration
plate term, provided his or her application for reassignment is
received in the Office of the Secretary of State on or before
September 30 of the final year of the registration plate or
digital registration plate term as to a vehicle registered on a
calendar year, and on or before March 31 as to a vehicle
registered on a fiscal year. The right of reassignment shall
apply to every natural person under the staggered registration
system provided the application for reassignment is received in
the Office of the Secretary of State by the 1st day of the
month immediately preceding the applicant's month of
expiration.
In addition, every natural person shall have the right of
reassignment of the license number issued to him for a two-year
registration, for the ensuing two-year period. Where the
two-year period is for two calendar years, the application for
reassignment must be received by the Secretary of State on or
before September 30th of the year preceding commencement of the
two-year period. Where the two-year period is for two fiscal
years commencing on July 1, the application for reassignment
must be received by the Secretary of State on or before April
30th immediately preceding commencement of the two-year
period.
(b) Notwithstanding the above provision, the Secretary of
State shall, subject to the existing right of reassignment,
have the authority to designate new specific combinations of
numerical, alpha-numerical, and numerical-alpha licenses for
vehicles registered on a calendar year or on a fiscal year,
whether the license be issued for one or more years. The new
combinations so specified shall not be subject to the right of
reassignment, and no right of reassignment thereto may at any
future time be acquired.
(Source: P.A. 80-230; 80-1185.)
(625 ILCS 5/3-501.1) (from Ch. 95 1/2, par. 3-501.1)
Sec. 3-501.1. Transfer or return of vanity or personalized
license plates. When any person who has been issued vanity or
personalized license plates or digital license plates sells,
trades, or otherwise releases the ownership of the vehicle upon
which the vanity or personalized license plates or digital
license plates have been displayed, he or she shall immediately
report the transfer of such plates or digital plates to an
acquired motor vehicle pursuant to Section 3-501 and pay the
transfer fee or shall, upon the request of the Secretary,
immediately return such plates to the Secretary of State. The
right to reassignment of the registration plate or digital
registration plate number shall apply as provided in Section
3-421 of this Code.
(Source: P.A. 88-78.)
(625 ILCS 5/3-600) (from Ch. 95 1/2, par. 3-600)
Sec. 3-600. Requirements for issuance of special plates.
(a) The Secretary of State shall issue only special plates
that have been authorized by the General Assembly. Except as
provided in subsection (a-5), the Secretary of State shall not
issue a series of special plates, or Universal special plates
associated with an organization authorized to issue decals for
Universal special plates, unless applications, as prescribed
by the Secretary, have been received for 2,000 plates of that
series. Where a special plate is authorized by law to raise
funds for a specific civic group, charitable entity, or other
identified organization, or when the civic group, charitable
entity, or organization is authorized to issue decals for
Universal special license plates, and where the Secretary of
State has not received the required number of applications to
issue that special plate within 2 years of the effective date
of the Public Act authorizing the special plate or decal, the
Secretary of State's authority to issue the special plate or a
Universal special plate associated with that decal is
nullified. All applications for special plates shall be on a
form designated by the Secretary and shall be accompanied by
any civic group's, charitable entity's, or other identified
fundraising organization's portion of the additional fee
associated with that plate or decal. All fees collected under
this Section are non-refundable and shall be deposited in the
special fund as designated in the enabling legislation,
regardless of whether the plate or decal is produced. Upon the
adoption of this amendatory Act of the 99th General Assembly,
no further special license plates shall be authorized by the
General Assembly unless that special license plate is
authorized under subsection (a-5) of this Section.
(a-5) If the General Assembly authorizes the issuance of a
special plate that recognizes the applicant's military service
or receipt of a military medal or award, the Secretary may
immediately begin issuing that special plate.
(b) The Secretary of State, upon issuing a new series of
special license plates, shall notify all law enforcement
officials of the design, color and other special features of
the special license plate series.
(c) This Section shall not apply to the Secretary of
State's discretion as established in Section 3-611.
(d) If a law authorizing a special license plate provides
that the sponsoring organization is to designate a charitable
entity as the recipient of the funds from the sale of that
license plate, the designated charitable entity must be in
compliance with the registration and reporting requirements of
the Charitable Trust Act and the Solicitation for Charity Act.
In addition, the charitable entity must annually provide the
Secretary of State's office a letter of compliance issued by
the Illinois Attorney General's office verifying the entity is
in compliance with the Acts.
In the case of a law in effect before the effective date of
this amendatory Act of the 97th General Assembly, the name of
the charitable entity which is to receive the funds shall be
provided to the Secretary of State within one year after the
effective date of this amendatory Act of the 97th General
Assembly. In the case of a law that takes effect on or after
the effective date of this amendatory Act of the 97th General
Assembly, the name of the charitable entity which is to receive
the funds shall be provided to the Secretary of State within
one year after the law takes effect. If the organization fails
to designate an appropriate charitable entity within the
one-year period, or if the designated charitable entity fails
to annually provide the Secretary of State a letter of
compliance issued by the Illinois Attorney General's office,
any funds collected from the sale of plates authorized for that
organization and not previously disbursed shall be transferred
to the General Revenue Fund, and the special plates shall be
discontinued.
(e) If fewer than 1,000 sets of any special license plate
authorized by law and issued by the Secretary of State are
actively registered for 2 consecutive calendar years, the
Secretary of State may discontinue the issuance of that special
license plate or require that special license plate to be
exchanged for Universal special plates with appropriate
decals.
(f) Where special license plates have been discontinued
pursuant to subsection (d) or (e) of this Section, or when the
special license plates are required to be exchanged for
Universal special plates under subsection (e) of this Section,
all previously issued plates of that type shall be recalled.
Owners of vehicles which were registered with recalled plates
shall not be charged a reclassification or registration sticker
replacement plate fee upon the issuance of new plates for those
vehicles.
(g) Any special plate that is authorized to be issued for
motorcycles may also be issued for autocycles.
(h) The Secretary may use alternating numeric and
alphabetical characters when issuing a special registration
plate authorized under this Chapter.
(i) The Secretary of State may issue digital registration
plates and stickers in accordance with this Section and Section
3-401.5.
(Source: P.A. 99-483, eff. 7-1-16; 100-956, eff. 1-1-19.)
(625 ILCS 5/3-607) (from Ch. 95 1/2, par. 3-607)
Sec. 3-607. Amateur Radio Operators. Amateur radio
operators may obtain the issuance of registration plates or
digital registration plates for motor vehicles of the first
division, and second division motor vehicles under 8,000
pounds, corresponding to their call letters, provided they make
application therefor, which is subject to the staggered
registration system, prior to October 1st of the final year of
the current registration plate or digital registration plate
term and pay an additional fee of $4.
(Source: P.A. 91-37, eff. 7-1-99.)
(625 ILCS 5/3-609) (from Ch. 95 1/2, par. 3-609)
Sec. 3-609. Plates for veterans with disabilities.
(a) Any veteran who holds proof of a service-connected
disability from the United States Department of Veterans
Affairs, and who has obtained certification from a licensed
physician, physician assistant, or advanced practice
registered nurse that the service-connected disability
qualifies the veteran for issuance of registration plates or
digital registration plates or decals to a person with
disabilities in accordance with Section 3-616, may, without the
payment of any registration fee, make application to the
Secretary of State for license plates for veterans with
disabilities displaying the international symbol of access,
for the registration of one motor vehicle of the first division
or one motor vehicle of the second division weighing not more
than 8,000 pounds.
(b) Any veteran who holds proof of a service-connected
disability from the United States Department of Veterans
Affairs, and whose degree of disability has been declared to be
50% or more, but whose disability does not qualify the veteran
for a plate or decal for persons with disabilities under
Section 3-616, may, without the payment of any registration
fee, make application to the Secretary for a special
registration plate or digital registration plate without the
international symbol of access for the registration of one
motor vehicle of the first division or one motor vehicle of the
second division weighing not more than 8,000 pounds.
(c) Renewal of such registration must be accompanied with
documentation for eligibility of registration without fee
unless the applicant has a permanent qualifying disability, and
such registration plates or digital registration plates may not
be issued to any person not eligible therefor. The Illinois
Department of Veterans' Affairs may assist in providing the
documentation of disability.
(d) The design and color of the plates shall be within the
discretion of the Secretary, except that the plates issued
under subsection (b) of this Section shall not contain the
international symbol of access. The Secretary may, in his or
her discretion, allow the plates to be issued as vanity or
personalized plates in accordance with Section 3-405.1 of this
Code. Registration shall be for a multi-year period and may be
issued staggered registration.
(e) Any person eligible to receive license plates under
this Section who has been approved for benefits under the
Senior Citizens and Persons with Disabilities Property Tax
Relief Act, or who has claimed and received a grant under that
Act, shall pay a fee of $24 instead of the fee otherwise
provided in this Code for passenger cars displaying standard
multi-year registration plates or digital registration plates
issued under Section 3-414.1, for motor vehicles registered at
8,000 pounds or less under Section 3-815(a), or for
recreational vehicles registered at 8,000 pounds or less under
Section 3-815(b), for a second set of plates under this
Section.
(Source: P.A. 99-143, eff. 7-27-15; 100-513, eff. 1-1-18.)
(625 ILCS 5/3-639)
Sec. 3-639. Special registration plate or digital
registration plate for a president of a village or incorporated
town or mayor.
(a) The Secretary, upon receipt of all applicable fees and
applications made in the form prescribed by the Secretary, may
issue special registration plates or digital registration
plates to presidents of villages and incorporated towns and
mayors.
The special plates issued under this Section shall be
affixed only to passenger vehicles of the first division or
motor vehicles of the second division weighing not more than
8,000 pounds.
Plates issued under this Section shall expire according to
the multi-year procedure established by Section 3-414.1 of this
Code.
(b) The design and color of the special plates shall be
wholly within the discretion of the Secretary. Appropriate
documentation, as determined by the Secretary, shall accompany
each application.
(c) An applicant for the special plate shall be charged a
$15 fee for original issuance in addition to the appropriate
registration fee. This additional fee shall be deposited into
the Secretary of State Special License Plate Fund, to be used
by the Secretary to help defray the administrative processing
costs.
For each registration renewal period, a $2 fee, in addition
to the appropriate registration fee, shall be charged. This
additional fee shall be deposited into the Secretary of State
Special License Plate Fund.
(Source: P.A. 90-527, eff. 11-13-97; 90-655, eff. 7-30-98.)
(625 ILCS 5/3-701) (from Ch. 95 1/2, par. 3-701)
Sec. 3-701. Operation of vehicles without evidence of
registration - Operation under mileage plates when odometer
broken or disconnected.
(a) No person shall operate, nor shall an owner knowingly
permit to be operated, except as provided in subsection (b) of
this Section, a vehicle upon any highway unless there shall be
attached thereto and displayed thereon when and as required by
law, proper evidence of registration in Illinois, as follows:
(1) A vehicle required to be registered in Illinois. A
current and valid Illinois registration sticker or
stickers and plate or plates or digital registration
sticker or stickers and digital plate or plates, or an
Illinois temporary registration permit, or a drive-away or
in-transit permit, issued therefor by the Secretary of
State.
(2) A vehicle eligible for Reciprocity. A current and
valid reciprocal foreign registration plate or digital
registration plate or plates properly issued to such
vehicle or a temporary registration issued therefor, by the
reciprocal State, and, in addition, when required by the
Secretary, a current and valid Illinois Reciprocity Permit
or Prorate Decal issued therefor by the Secretary of State;
or except as otherwise expressly provided for in this
Chapter.
(3) A vehicle commuting for repairs in Illinois. A
dealer plate issued by a foreign state shall exempt a
vehicle from the requirements of this Section if the
vehicle is being operated for the purpose of transport to a
repair facility in Illinois to have repairs performed on
the vehicle displaying foreign dealer plates. The driver of
the motor vehicle bearing dealer plates shall provide a
work order or contract with the repair facility to a law
enforcement officer upon request.
(b) A person may operate or permit operation of a vehicle
upon any highway a vehicle that has been properly registered
but does not display a current and valid Illinois registration
sticker or digital registration sticker if he or she has proof,
in the form of a printed receipt from the Secretary, that he or
she registered the vehicle before the previous registration's
expiration but has not received a new registration sticker or
digital registration sticker from the Secretary. This printed
proof of registration is valid for 30 days from the expiration
of the previous registration sticker's or digital registration
sticker's date.
(c) No person shall operate, nor shall any owner knowingly
permit to be operated, any vehicle of the second division for
which the owner has made an election to pay the mileage tax in
lieu of the annual flat weight tax, at any time when the
odometer of such vehicle is broken or disconnected, or is
inoperable or not operating.
(Source: P.A. 98-971, eff. 1-1-15; 98-1103, eff. 1-1-15; 99-78,
eff. 7-20-15.)
(625 ILCS 5/3-702) (from Ch. 95 1/2, par. 3-702)
Sec. 3-702. Operation of vehicle when registration
cancelled, suspended or revoked.
(a) No person shall operate, nor shall an owner knowingly
permit to be operated, upon any highway:
(1) A vehicle the registration of which has been
cancelled, suspended or revoked; or
(2) A vehicle properly registered in another
Reciprocal State, the foreign registration of which, or the
Illinois Reciprocity Permit or Decal of which, has been
cancelled, suspended or revoked.
(b) No person shall use, nor shall any owner use or
knowingly permit the use of any Illinois registration plate or ,
plates or digital registration plate or plates or registration
sticker or digital registration sticker , or any Illinois
Reciprocity Permit or Prorate Decal which has been cancelled,
suspended or revoked.
(c) Any violation of this Section is a Class A misdemeanor
unless:
1. the registration of the motor vehicle has been
suspended for noninsurance, then the provisions of Section
3-708 of this Code apply in lieu of this Section.
2. the registration of the motor vehicle has been
suspended for failure to purchase a vehicle tax sticker
pursuant to Section 3-704.1 of this Code, then the
violation shall be considered a business offense and the
person shall be required to pay a fine in excess of $500,
but not more than $1,000.
(Source: P.A. 86-149; 87-1225.)
(625 ILCS 5/3-703) (from Ch. 95 1/2, par. 3-703)
Sec. 3-703. Improper use of evidences of registration or
certificate of title. No person shall lend to another any
certificate of title, registration card, registration plate or
digital registration plate, registration sticker or digital
registration sticker, special plate or permit or other
evidences of proper registration issued to him if the person
desiring to borrow the same would not be entitled to the use
thereof, nor shall any person knowingly permit the use of any
of the same by one not entitled thereto, nor shall any person
display upon a vehicle any registration card, registration
sticker or digital registration sticker, registration plate or
digital registration plate or other evidences of proper
registration not issued for such vehicle or not otherwise
lawfully used thereon under this Code. No person shall
duplicate, alter or attempt to reproduce in any manner a
registration plate or digital registration plate or
registration sticker or digital registration sticker issued
under this Code. No person shall make fraudulent use of
evidences of registration or certificates of title issued
erroneously by the Secretary of State. No person shall
manufacture, advertise, distribute or sell any certificate of
title, registration card, registration plate or digital
registration plate, registration sticker or digital
registration sticker, special plate or permit or other
evidences of proper registration which purports to have been
issued under this Code. The Secretary of State may request the
Attorney General to seek a restraining order in the circuit
court against any person who violates this Section by
advertising such fraudulent items. Any violation of this
Section is a Class C misdemeanor.
(Source: P.A. 86-551.)
(625 ILCS 5/3-704) (from Ch. 95 1/2, par. 3-704)
Sec. 3-704. Authority of Secretary of State to suspend or
revoke a registration or certificate of title; authority to
suspend or revoke the registration of a vehicle.
(a) The Secretary of State may suspend or revoke the
registration of a vehicle or a certificate of title,
registration card, registration sticker or digital
registration sticker, registration plate or digital
registration plate, disability parking decal or device, or any
nonresident or other permit in any of the following events:
1. When the Secretary of State is satisfied that such
registration or that such certificate, card, plate or
digital plate, registration sticker or digital
registration sticker, or permit was fraudulently or
erroneously issued;
2. When a registered vehicle has been dismantled or
wrecked or is not properly equipped;
3. When the Secretary of State determines that any
required fees have not been paid to the Secretary of State,
to the Illinois Commerce Commission, or to the Illinois
Department of Revenue under the Motor Fuel Tax Law, and the
same are not paid upon reasonable notice and demand;
4. When a registration card, registration plate or
digital registration plate, registration sticker or
digital registration sticker, or permit is knowingly
displayed upon a vehicle other than the one for which
issued;
5. When the Secretary of State determines that the
owner has committed any offense under this Chapter
involving the registration or the certificate, card, plate
or digital plate, registration sticker or digital
registration sticker, or permit to be suspended or revoked;
6. When the Secretary of State determines that a
vehicle registered not-for-hire is used or operated
for-hire unlawfully, or used or operated for purposes other
than those authorized;
7. When the Secretary of State determines that an owner
of a for-hire motor vehicle has failed to give proof of
financial responsibility as required by this Act;
8. When the Secretary determines that the vehicle is
not subject to or eligible for a registration;
9. When the Secretary determines that the owner of a
vehicle registered under the mileage weight tax option
fails to maintain the records specified by law, or fails to
file the reports required by law, or that such vehicle is
not equipped with an operable and operating speedometer or
odometer;
10. When the Secretary of State is so authorized under
any other provision of law;
11. When the Secretary of State determines that the
holder of a disability parking decal or device has
committed any offense under Chapter 11 of this Code
involving the use of a disability parking decal or device.
(a-5) The Secretary of State may revoke a certificate of
title and registration card and issue a corrected certificate
of title and registration card, at no fee to the vehicle owner
or lienholder, if there is proof that the vehicle
identification number is erroneously shown on the original
certificate of title.
(b) The Secretary of State may suspend or revoke the
registration of a vehicle as follows:
1. When the Secretary of State determines that the
owner of a vehicle has not paid a civil penalty or a
settlement agreement arising from the violation of rules
adopted under the Illinois Motor Carrier Safety Law or the
Illinois Hazardous Materials Transportation Act or that a
vehicle, regardless of ownership, was the subject of
violations of these rules that resulted in a civil penalty
or settlement agreement which remains unpaid.
2. When the Secretary of State determines that a
vehicle registered for a gross weight of more than 16,000
pounds within an affected area is not in compliance with
the provisions of Section 13-109.1 of the Illinois Vehicle
Code.
3. When the Secretary of State is notified by the
United States Department of Transportation that a vehicle
is in violation of the Federal Motor Carrier Safety
Regulations, as they are now or hereafter amended, and is
prohibited from operating.
(c) The Secretary of State may suspend the registration of
a vehicle when a court finds that the vehicle was used in a
violation of Section 24-3A of the Criminal Code of 1961 or the
Criminal Code of 2012 relating to gunrunning. A suspension of
registration under this subsection (c) may be for a period of
up to 90 days.
(Source: P.A. 97-540, eff. 1-1-12; 97-1150, eff. 1-25-13.)
(625 ILCS 5/3-704.1)
Sec. 3-704.1. Municipal vehicle tax liability; suspension
of registration.
(a) As used in this Section:
(1) "Municipality" means a city, village or
incorporated town with a population over 1,000,000.
(2) "Vehicle tax" means a motor vehicle tax and any
related late fees or charges imposed by a municipality
under Section 8-11-4 of the Illinois Municipal Code or
under the municipality's home rule powers.
(3) "Vehicle owner" means the registered owner or
owners of a vehicle who are residents of the municipality.
(b) A municipality that imposes a vehicle tax may, by
ordinance adopted under this Section, establish a system
whereby the municipality notifies the Secretary of State of
vehicle tax liability and the Secretary of State suspends the
registration of vehicles for which the tax has not been paid.
An ordinance establishing a system must provide for the
following:
(1) A first notice for failure to pay a vehicle tax
shall be sent by first class mail to the vehicle owner at
the owner's address recorded with the Secretary of State
whenever the municipality has reasonable cause to believe
that the vehicle owner has failed to pay a vehicle tax as
required by ordinance. The notice shall include at least
the following:
(A) The name and address of the vehicle owner.
(B) The registration plate or digital registration
plate number of the vehicle.
(C) The period for which the vehicle tax is due.
(D) The amount of vehicle tax that is due.
(E) A statement that the vehicle owner's
registration for the vehicle will be subject to
suspension proceedings unless the vehicle owner pays
the vehicle tax or successfully contests the owner's
alleged liability within 30 days of the date of the
notice.
(F) An explanation of the vehicle owner's
opportunity to be heard under subsection (c).
(2) If a vehicle owner fails to pay the vehicle tax or
to contest successfully the owner's alleged liability
within the period specified in the first notice, a second
notice of impending registration suspension shall be sent
by first class mail to the vehicle owner at the owner's
address recorded with the Secretary of State. The notice
shall contain the same information as the first notice, but
shall also state that the failure to pay the amount owing,
or to contest successfully the alleged liability within 45
days of the date of the second notice, will result in the
municipality's notification of the Secretary of State that
the vehicle owner is eligible for initiation of suspension
proceedings under this Section.
(c) An ordinance adopted under this Section must also give
the vehicle owner an opportunity to be heard upon the filing of
a timely petition with the municipality. A vehicle owner may
contest the alleged tax liability either through an
adjudication by mail or at an administrative hearing, at the
option of the vehicle owner. The grounds upon which the
liability may be contested may be limited to the following:
(1) The alleged vehicle owner does not own the vehicle.
(2) The vehicle is not subject to the vehicle tax by
law.
(3) The vehicle tax for the period in question has been
paid.
At an administrative hearing, the formal or technical rules
of evidence shall not apply. The hearing shall be recorded. The
person conducting the hearing shall have the power to
administer oaths and to secure by subpoena the attendance and
testimony of witnesses and the production of relevant
documents.
(d) If a vehicle owner who has been sent a first notice of
failure to pay a vehicle tax and a second notice of impending
registration suspension fails to pay the vehicle tax or to
contest successfully the vehicle owner's liability within the
periods specified in the notices, the appropriate official
shall cause a certified report to be sent to the Secretary of
State under subsection (e).
(e) A report of a municipality notifying the Secretary of
State of a vehicle owner's failure to pay a vehicle tax or
related fines or penalties under this Section shall be
certified by the appropriate official and shall contain the
following:
(1) The name, last known address, and registration
plate or digital registration plate number of the vehicle
of the person who failed to pay the vehicle tax.
(2) The name of the municipality making the report.
(3) A statement that the municipality sent notices as
required by subsection (b); the date on which the notices
were sent; the address to which the notices were sent; and
the date of the hearing, if any.
(f) Following receipt of the certified report under this
Section, the Secretary of State shall notify the vehicle owner
that the vehicle's registration will be suspended at the end of
a reasonable specified period of time unless the Secretary of
State is presented with a notice from the municipality
certifying that the person has paid the necessary vehicle tax,
or that inclusion of that person's name or registration number
on the certified report was in error. The Secretary's notice
shall state in substance the information contained in the
certified report from the municipality to the Secretary, and
shall be effective as specified by subsection (c) of Section
6-211 of this Code. The notice shall also inform the person of
the person's right to a hearing under subsection (g).
(g) An administrative hearing with the Office of the
Secretary of State to contest an impending suspension or a
suspension made under this Section may be had upon filing a
written request with the Secretary of State. The filing fee for
this hearing shall be $20 to be paid at the time the request is
made.
(1) The scope of any administrative hearing with the
Secretary of State to contest an impending suspension under
this Section shall be limited to the following issues:
(A) Whether the report of the appropriate official
of the municipality was certified and contained the
information required by this Section.
(B) Whether the municipality making the certified
report to the Secretary of State established
procedures by ordinance for persons to challenge the
accuracy of the certified report.
(C) Whether the Secretary of State notified the
vehicle owner that the vehicle's registration would be
suspended at the end of the specified time period
unless the Secretary of State was presented with a
notice from the municipality certifying that the
person has purchased the necessary vehicle tax sticker
or that inclusion of that person's name or registration
number on the certified report was in error.
A municipality that files a certified report with the
Secretary of State under this Section shall reimburse the
Secretary for all reasonable costs incurred by the Secretary as
a result of the filing of the report, including but not limited
to the costs of providing the notice required under subsection
(f) and the costs incurred by the Secretary in any hearing
conducted with respect to the report under this subsection and
any appeal from that hearing.
(h) After the expiration of the time specified under
subsection (g), the Secretary of State shall, unless the
suspension is successfully contested, suspend the registration
of the vehicle until the Secretary receives notice under
subsection (i).
(i) Any municipality making a certified report to the
Secretary of State under this subsection shall notify the
Secretary of State, in a form prescribed by the Secretary,
whenever a person named in the certified report has
subsequently paid a vehicle tax or whenever the municipality
determines that the original report was in error. A certified
copy of the notification shall also be given upon request and
at no additional charge to the person named in the report. Upon
receipt of the notification or presentation of a certified copy
of the notification by the municipality, the Secretary of State
shall terminate the suspension.
(j) To facilitate enforcement of municipal vehicle tax
liability, a municipality may provide by ordinance for a
program of vehicle immobilization as provided by Section
11-1430.1 of this Code.
(Source: P.A. 100-201, eff. 8-18-17.)
(625 ILCS 5/3-706) (from Ch. 95 1/2, par. 3-706)
Sec. 3-706. Owner to return evidences of registration upon
cancellation, revocation or suspension. Whenever the
Secretary of State cancels or revokes the registration of a
vehicle or a certificate of title, registration card,
registration sticker or stickers or digital registration
sticker or stickers, registration plate or plates or digital
registration plate or plates, or a nonresident or other permit
or the license of any dealer or wrecker, the owner or person in
possession of the same shall immediately return the evidences
of registration, title or license so cancelled or revoked to
the Secretary.
Whenever the Secretary suspends the registration of a
vehicle or the license of any dealer or wrecker, the owner or
person in possession of the same, upon request by the
Secretary, shall immediately return all evidence of the
registration or the license so suspended to the Secretary.
(Source: P.A. 85-1201.)
(625 ILCS 5/3-802) (from Ch. 95 1/2, par. 3-802)
Sec. 3-802. Reclassifications and upgrades.
(a) Definitions. For the purposes of this Section, the
following words shall have the meanings ascribed to them as
follows:
"Reclassification" means changing the registration of
a vehicle from one plate category to another.
"Upgrade" means increasing the registered weight of a
vehicle within the same plate category.
(b) When reclassing the registration of a vehicle from one
plate category to another, the owner shall receive credit for
the unused portion of the present plate and be charged the
current portion fees for the new plate. In addition, the
appropriate replacement plate and replacement sticker fees
shall be assessed.
(b-5) Beginning with the 2019 registration year, any
individual who has a registration issued under either Section
3-405 or 3-405.1 that qualifies for a special license plate
under Section 3-609, 3-609.1, 3-620, 3-621, 3-622, 3-623,
3-624, 3-625, 3-626, 3-628, 3-638, 3-642, 3-645, 3-647, 3-650,
3-651, 3-664, 3-666, 3-667, 3-668, 3-669, 3-676, 3-677, 3-680,
3-681, 3-683, 3-686, 3-688, 3-693, 3-698, or 3-699.12 may
reclass his or her registration upon acquiring a special
license plate listed in this subsection (b-5) without a
replacement plate or digital plate fee or registration sticker
or digital registration sticker cost.
(b-10) Beginning with the 2019 registration year, any
individual who has a special license plate issued under Section
3-609, 3-609.1, 3-620, 3-621, 3-622, 3-623, 3-624, 3-625,
3-626, 3-628, 3-638, 3-642, 3-645, 3-647, 3-650, 3-651, 3-664,
3-666, 3-667, 3-668, 3-669, 3-676, 3-677, 3-680, 3-681, 3-683,
3-686, 3-688, 3-693, 3-698, or 3-699.12 may reclass his or her
special license plate upon acquiring a new registration under
Section 3-405 or 3-405.1 without a replacement plate or digital
plate fee or registration sticker or digital registration
sticker cost.
(c) When upgrading the weight of a registration within the
same plate category, the owner shall pay the difference in
current period fees between the two plates. In addition, the
appropriate replacement plate and replacement sticker fees
shall be assessed. In the event new plates are not required,
the corrected registration card fee shall be assessed.
(d) In the event the owner of the vehicle desires to change
the registered weight and change the plate category, the owner
shall receive credit for the unused portion of the registration
fee of the current plate and pay the current portion of the
registration fee for the new plate, and in addition, pay the
appropriate replacement plate and replacement sticker fees.
(e) Reclassing from one plate category to another plate
category can be done only once within any registration period.
(f) No refunds shall be made in any of the circumstances
found in subsection (b), subsection (c), or subsection (d);
however, when reclassing from a flat weight plate to an
apportioned plate, a refund may be issued if the credit amounts
to an overpayment.
(g) In the event the registration of a vehicle registered
under the mileage tax option is revoked, the owner shall be
required to pay the annual registration fee in the new plate
category and shall not receive any credit for the mileage plate
fees.
(h) Certain special interest plates may be displayed on
first division vehicles, second division vehicles weighing
8,000 pounds or less, and recreational vehicles. Those plates
can be transferred within those vehicle groups.
(i) Plates displayed on second division vehicles weighing
8,000 pounds or less and passenger vehicle plates may be
reclassed from one division to the other.
(j) Other than in subsection (i), reclassing from one
division to the other division is prohibited. In addition, a
reclass from a motor vehicle to a trailer or a trailer to a
motor vehicle is prohibited.
(Source: P.A. 99-809, eff. 1-1-17; 100-246, eff. 1-1-18;
100-450, eff. 1-1-18; 100-863, eff. 8-14-18.)
(625 ILCS 5/3-806.3) (from Ch. 95 1/2, par. 3-806.3)
Sec. 3-806.3. Senior citizens. Commencing with the 2009
registration year, the registration fee paid by any vehicle
owner who has been approved for benefits under the Senior
Citizens and Persons with Disabilities Property Tax Relief Act
or who is the spouse of such a person shall be $24 instead of
the fee otherwise provided in this Code for passenger cars
displaying standard multi-year registration plates or digital
registration plates issued under Section 3-414.1, motor
vehicles displaying special registration plates or digital
registration plates issued under Section 3-609, 3-616, 3-621,
3-622, 3-623, 3-624, 3-625, 3-626, 3-628, 3-638, 3-642, 3-645,
3-647, 3-650, 3-651, or 3-663, motor vehicles registered at
8,000 pounds or less under Section 3-815(a), and recreational
vehicles registered at 8,000 pounds or less under Section
3-815(b). Widows and widowers of claimants shall also be
entitled to this reduced registration fee for the registration
year in which the claimant was eligible.
Commencing with the 2009 registration year, the
registration fee paid by any vehicle owner who has claimed and
received a grant under the Senior Citizens and Persons with
Disabilities Property Tax Relief Act or who is the spouse of
such a person shall be $24 instead of the fee otherwise
provided in this Code for passenger cars displaying standard
multi-year registration plates or digital registration plates
issued under Section 3-414.1, motor vehicles displaying
special registration plates or digital registration plates
issued under Section 3-607, 3-609, 3-616, 3-621, 3-622, 3-623,
3-624, 3-625, 3-626, 3-628, 3-638, 3-642, 3-645, 3-647, 3-650,
3-651, 3-663, or 3-664, motor vehicles registered at 8,000
pounds or less under Section 3-815(a), and recreational
vehicles registered at 8,000 pounds or less under Section
3-815(b). Widows and widowers of claimants shall also be
entitled to this reduced registration fee for the registration
year in which the claimant was eligible.
Commencing with the 2017 registration year, the reduced fee
under this Section shall apply to any special registration
plate or digital registration plate authorized in Article VI of
Chapter 3 of this Code for which the applicant would otherwise
be eligible.
Surcharges for vehicle registrations under Section 3-806
of this Code shall not be collected from any vehicle owner who
has been approved for benefits under the Senior Citizens and
Disabled Persons Property Tax Relief Act or a person who is the
spouse of such a person.
No more than one reduced registration fee under this
Section shall be allowed during any 12-month period based on
the primary eligibility of any individual, whether such reduced
registration fee is allowed to the individual or to the spouse,
widow or widower of such individual. This Section does not
apply to the fee paid in addition to the registration fee for
motor vehicles displaying vanity, personalized, or special
license plates.
(Source: P.A. 99-71, eff. 1-1-16; 99-143, eff. 7-27-15; 99-642,
eff. 7-28-16; 99-707, eff. 7-29-16.)
(625 ILCS 5/3-814.3)
Sec. 3-814.3. Registration of fleets of semitrailers or
apportionable semitrailers. The Secretary of State may provide
for the registration of large fleets of semitrailers or
apportionable semitrailers by accepting the appropriate fees
and issuing the registration plate or digital registration
plate prior to the plate being assigned to a specific vehicle.
The registration indexes will be updated on a date
predetermined by the Secretary of State. In determining this
date, the Secretary of State shall take into consideration the
number of vehicles in each fleet.
(Source: P.A. 89-710, eff. 2-14-97.)
(625 ILCS 5/3-814.4)
Sec. 3-814.4. Registration of fleet vehicles. The
Secretary may issue fleet vehicle registration plates or
digital registration plates to owners of vehicle fleets
registered in accordance with Section 3-405.3 of this Code in
bulk before plates are assigned to specific vehicles. A
registration plate or digital registration plate may not be
displayed on a vehicle, however, until the plate has been
activated on the Secretary's registration file and the proper
fee has been forwarded to the Secretary.
(Source: P.A. 95-331, eff. 8-21-07.)
(625 ILCS 5/3-820) (from Ch. 95 1/2, par. 3-820)
Sec. 3-820. Duplicate Number Plates. Upon filing in the
Office of the Secretary of State an affidavit to the effect
that an original number plate for a vehicle is lost, stolen or
destroyed, a duplicate number plate shall be furnished upon
payment of a fee of $6 for each duplicate plate and a fee of $9
for a pair of duplicate plates.
Upon filing in the Office of the Secretary of State an
affidavit to the effect that an original registration sticker
or digital registration sticker for a vehicle is lost, stolen
or destroyed, a new registration sticker or digital
registration sticker shall be furnished upon payment of a fee
of $5 for registration stickers or digital registration
stickers issued on or before February 28, 2005 and $20 for
registration stickers or digital registration stickers issued
on or after March 1, 2005.
The Secretary of State may, in his discretion, assign a new
number plate or plates in lieu of a duplicate of the plate or
plates so lost, stolen or destroyed, but such assignment of a
new plate or plates shall not affect the right of the owner to
secure a reassignment of his original registration number in
the manner provided in this Act. The fee for one new number
plate shall be $6, and for a pair of new number plates, $9.
For the administration of this Section, the Secretary shall
consider the loss of a registration plate or digital
registration plate or plates with properly affixed
registration stickers or digital registration stickers as
requiring the payment of:
(i) $11 for each duplicate issued on or before February
28, 2005 and $26 for each duplicate issued on or after
March 1, 2005; or
(ii) $14 for a pair of duplicate plates issued on or
before February 28, 2005 and $29 for a pair of duplicate
plates issued on or after March 1, 2005.
(Source: P.A. 93-840, eff. 7-30-04; 93-1067, eff. 1-15-05.)
(625 ILCS 5/3-824) (from Ch. 95 1/2, par. 3-824)
Sec. 3-824. When fees returnable.
(a) Whenever any application to the Secretary of State is
accompanied by any fee as required by law and such application
is refused or rejected, said fee shall be returned to said
applicant.
(b) Whenever the Secretary of State collects any fee not
required to be paid under the provisions of this Act, the same
shall be refunded to the person paying the same upon
application therefor made within 6 months after the date of
such payment, except as follows: (1) whenever a refund is
determined to be due and owing as a result of an audit, by this
State or any other state or province, in accordance with
Section 2-124 of this Code, of a prorate or apportion license
fee payment pursuant to any reciprocal compact or agreement
between this State and any other state or province, and the
Secretary for any reason fails to promptly make such refund,
the licensee shall have one year from the date of the
notification of the audit result to file, with the Secretary,
an application for refund found to be due and owing as a result
of such audit; and (2) whenever a person eligible for a reduced
registration fee pursuant to Section 3-806.3 of this Code has
paid in excess of the reduced registration fee owed, the refund
applicant shall have 2 years from the date of overpayment to
apply with the Secretary for a refund of that part of payment
made in excess of the established reduced registration fee.
(c) Whenever a person dies after making application for
registration, application for a refund of the registration fees
and taxes may be made if the vehicle is then sold or disposed
of so that the registration plates or digital registration
plates, registration sticker or digital registration sticker
and card are never used. The Secretary of State shall refund
the registration fees and taxes upon receipt within 6 months
after the application for registration of an application for
refund accompanied with the unused registration plates or
digital registration plates or registration sticker or digital
registration sticker and card and proof of both the death of
the applicant and the sale or disposition of the vehicle.
(d) Any application for refund received after the times
specified in this Section shall be denied and the applicant in
order to receive a refund must apply to the Court of Claims.
(d-5) Refunds may be granted for any title-related
transaction if a title application has not been processed by
the Secretary of State. If any application for a certificate of
title under Section 3-104 or salvage title under Section 3-118
is verified by the National Motor Vehicle Title Information
System (NMVTIS), and receives a warning or error from the
NMVTIS reporting that the vehicle requires either a salvage
certificate or a junk certificate in lieu of the original
applied certificate of title or salvage title, then the
applicant shall have 6 months to apply for a refund of cost, or
the difference of the certificate of title or salvage
certificate.
(e) The Secretary of State is authorized to maintain a two
signature revolving checking account with a suitable
commercial bank for the purpose of depositing and
withdrawal-for-return those monies received and determined
upon receipt to be in excess of the amount or amounts required
by law.
(f) Refunds on audits performed by Illinois or another
member of the International Registration Plan shall be made in
accordance with the procedures as set forth in the agreement.
(Source: P.A. 99-414, eff. 8-20-15.)
(625 ILCS 5/4-104) (from Ch. 95 1/2, par. 4-104)
Sec. 4-104. Offenses relating to possession of titles and
registration.
(a) It is a violation of this Chapter for:
1. A person to possess without authority any
manufacturers statement of origin, certificate of title,
salvage certificate, junking certificate, display
certificate of title, registration card, license plate or
digital license plate, registration sticker or digital
registration sticker, or temporary registration permit,
whether blank or otherwise;
2. A person to possess any manufacturers certificate of
origin, salvage certificate, junking certificate,
certificate of title, display certificate without complete
assignment;
3. A person to possess any manufacturers statement of
origin, salvage certificate, junking certificate, display
certificate or certificate of title, temporary
registration permit, registration card, license plate or
digital license plate, or registration sticker or digital
registration sticker knowing it to have been stolen,
converted, altered, forged or counterfeited;
4. A person to display or affix to a vehicle any
certificate of title, manufacturers statement of origin,
salvage certificate, junking certificate, display
certificate, temporary registration permit, registration
card, license plate or digital license plate, or
registration sticker or digital registration sticker not
authorized by law for use on such vehicle;
5. A person to permit another, not entitled thereto, to
use or have possession of any manufacturers statement of
origin, salvage certificate, junking certificate, display
certificate or certificate of title, registration card,
license plate or digital license plate, temporary
registration permit, or registration sticker or digital
registration sticker;
6. A person to fail to mail or deliver to the proper
person within a reasonable period of time after receipt
from the Secretary of State, any certificate of title,
salvage certificate, junking certificate, display
certificate, registration card, temporary registration
permit, license plate or digital license plate, or
registration sticker or digital registration sticker. If a
person mails or delivers reasonable notice to the proper
person after receipt from the Secretary of State, a
presumption of delivery within a reasonable period of time
shall exist; provided, however, the delivery is made,
either by mail or otherwise, within 20 days from the date
of receipt from the Secretary of State.
(b) Sentence:
1. A person convicted of a violation of subsection 1 or
2 of paragraph (a) of this Section is guilty of a Class 4
felony.
2. A person convicted of a violation of subsection 3 of
paragraph (a) of this Section is guilty of a Class 2
felony.
3. A person convicted of a violation of either
subsection 4 or 5 of paragraph (a) of this Section is
guilty of a Class A misdemeanor and upon a second or
subsequent conviction of such a violation is guilty of a
Class 4 felony.
4. A person convicted of a violation of subsection 6 of
paragraph (a) of this Section is guilty of a petty offense.
(Source: P.A. 87-854; 87-1225; 88-45.)
(625 ILCS 5/4-105) (from Ch. 95 1/2, par. 4-105)
Sec. 4-105. Offenses relating to disposition of titles and
registration.
(a) It is a violation of this Chapter for:
1. a person to alter, forge, or counterfeit any
manufacturers statement of origin, certificate of title,
salvage certificate, junking certificate, display
certificate, registration sticker or digital registration
sticker, registration card, or temporary registration
permit;
2. a person to alter, forge, or counterfeit an
assignment of any manufacturers statement of origin,
certificate of title, salvage certificate or junking
certificate;
3. a person to alter, forge, or counterfeit a release
of a security interest on any manufacturers statement of
origin, certificate of title, salvage certificate or
junking certificate;
4. a person to alter, forge, or counterfeit an
application for any certificate of title, salvage
certificate, junking certificate, display certificate,
registration sticker or digital registration sticker,
registration card, temporary registration permit or
license plate;
5. a person to use a false or fictitious name or
address or altered, forged, counterfeited or stolen
manufacturer's identification number, or make a material
false statement, or fail to disclose a security interest,
or conceal any other material fact on any application for
any manufacturers statement of origin, certificate of
title, junking certificate, salvage certificate,
registration card, license plate or digital license plate,
temporary registration permit, or registration sticker or
digital registration sticker, or commit a fraud in
connection with any application under this Act;
6. an unauthorized person to have in his possession a
blank Illinois certificate of title paper;
7. a person to surrender or cause to be surrendered any
certificate of title, salvage or junking certificate in
exchange for a certificate of title or other title document
from any other state or foreign jurisdiction for the
purpose of changing or deleting an "S.V." or "REBUILT"
notation, odometer reading, or any other information
contained on such Illinois certificate.
(b) Sentence:
A person convicted of a violation of this Section shall be
guilty of a Class 2 felony.
(Source: P.A. 84-986.)
(625 ILCS 5/4-204) (from Ch. 95 1/2, par. 4-204)
Sec. 4-204. Police tows; reports, release of vehicles,
payment. When a vehicle is authorized to be towed away as
provided in Section 4-202 or 4-203:
(a) The authorization, any hold order, and any release
shall be in writing, or confirmed in writing, with a copy given
to the towing service.
(b) The police headquarters or office of the law officer
authorizing the towing shall keep and maintain a record of the
vehicle towed, listing the color, year of manufacture,
manufacturer's trade name, manufacturer's series name, body
style, Vehicle Identification Number, license plate or digital
license plate year and number and registration sticker or
digital registration sticker year and number displayed on the
vehicle. The record shall also include the date and hour of
tow, location towed from, location towed to, reason for towing
and the name of the officer authorizing the tow.
(c) The owner, operator, or other legally entitled person
shall be responsible to the towing service for payment of
applicable removal, towing, storage, and processing charges
and collection costs associated with a vehicle towed or held
under order or authorization of a law enforcement agency. If a
vehicle towed or held under order or authorization of a law
enforcement agency is seized by the ordering or authorizing
agency or any other law enforcement or governmental agency and
sold, any unpaid removal, towing, storage, and processing
charges and collection costs shall be paid to the towing
service from the proceeds of the sale. If applicable law
provides that the proceeds are to be paid into the treasury of
the appropriate civil jurisdiction, then any unpaid removal,
towing, storage, and processing charges and collection costs
shall be paid to the towing service from the treasury of the
civil jurisdiction. That payment shall not, however, exceed the
amount of proceeds from the sale, with the balance to be paid
by the owner, operator, or other legally entitled person.
(d) Upon delivery of a written release order to the towing
service, a vehicle subject to a hold order shall be released to
the owner, operator, or other legally entitled person upon
proof of ownership or other entitlement and upon payment of
applicable removal, towing, storage, and processing charges
and collection costs.
(Source: P.A. 89-433, eff. 12-15-95.)
(625 ILCS 5/5-202) (from Ch. 95 1/2, par. 5-202)
Sec. 5-202. Tow or Wrecker operators must register tow or
wrecker vehicles.
(a) No person in this State shall engage in the business of
operating a tow truck or wrecker or operate a tow or wrecker
vehicle until such person shall register any vehicle to be used
for such purpose and apply for and receive from the Secretary
of State a generally distinctive set of 3 "tow truck" plates
for any towing or wrecker vehicle operated by him.
(b) An application for registration for a generally
distinctive set of 3 "tow truck" plates under this Article
shall be filed with the Secretary of State, duly verified by
oath and in such form as the Secretary of State may by rule or
regulation prescribe and shall contain the name and business
address of such person, the vehicle identification number of
the vehicle for which such application is made, proof of
insurance as set forth in paragraph (d) of Section 12-606 of
this Code, and such other information concerning the business
of the applicant as the Secretary of State may by rule or
regulation prescribe.
(c) The application for registration and a generally
distinctive set of 3 "tow truck" plates shall be accompanied by
the prescribed fee. Upon payment of such fee, such registration
and application shall be filed and recorded in the office of
the Secretary of State. Thereupon the Secretary of State shall
assign and issue to such person a generally distinctive number
for each vehicle and without further expense to him shall
deliver to such person at his place of business address one set
of 3 "tow truck" plates. Such "tow truck" plates shall be used
by such person only on the vehicle for which application was
made and the vehicle being towed, and are not transferable.
(d) All "tow truck" plates granted under this Section shall
expire by operation of law on December 31 of the calendar year
for which they are granted unless sooner revoked under the
provisions of Section 5-501 of this Chapter.
(e) One "tow truck" plate shall be attached to the front
and rear of each registered vehicle, and one "tow truck" plate
shall be attached to the rear of the vehicle being towed unless
the towed vehicle displays a valid registration plate or
digital registration plate visible from the rear while being
towed, so that the numbers and letter on the plate are clearly
visible to any person following the vehicle being towed.
However, illumination of the rear plate required by subsection
(c) of Section 12-201 of this Code shall not apply to the third
plate displayed on the towed vehicle. In addition, the vehicle
registration plates or digital registration plates assigned to
the vehicle being towed shall be displayed as provided in
Section 3-413 of this Code.
(Source: P.A. 86-444; 86-565; 86-1028.)
(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 accident 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;
2. The insurance company which issued the policy or
bond has failed and has suspended operations by order of a
court;
3. The judgment debtor had no knowledge of the
insurance company's failure prior to the motor vehicle
accident;
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 accidents;
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 accident is unable to
satisfy the judgment in the amounts specified in Section
7-311;
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.
(Source: P.A. 98-178, eff. 1-1-14.)
(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. 91-357, eff. 7-29-99.)
(625 ILCS 5/7-602) (from Ch. 95 1/2, par. 7-602)
Sec. 7-602. Insurance card. Every operator of a motor
vehicle subject to Section 7-601 of this Code shall carry
within the vehicle evidence of insurance. The evidence shall be
legible and sufficient to demonstrate that the motor vehicle
currently is covered by a liability insurance policy as
required under Section 7-601 of this Code and may include, but
is not limited to, the following:
(a) an insurance card provided by the insurer under
this Section;
(b) the combination of proof of purchase of the motor
vehicle within the previous 60 days and a current insurance
card issued for the motor vehicle replaced by such
purchase;
(c) the current declarations page of a liability
insurance policy;
(d) a liability insurance binder, certificate of
liability insurance or receipt for payment to an insurer or
its authorized representative for a liability insurance
premium, provided such document contains all information
the Secretary of State by rule and regulation may require;
(e) a current rental agreement;
(f) registration plates or digital registration
plates, registration sticker or digital registration
sticker, or other evidence of registration issued by the
Secretary only upon submission of proof of liability
insurance pursuant to this Code;
(g) a certificate, decal, or other document or device
issued by a governmental agency for a motor vehicle
indicating the vehicle is insured for liability pursuant to
law;
(h) the display of electronic images on a cellular
phone or other type of portable electronic device. The use
of a cellular phone or other type of portable electronic
device to display proof of insurance does not constitute
consent for a law enforcement officer, court, or other
officer of the court to access other contents of the
electronic device. Any law enforcement officer, court, or
officer of the court presented with the device shall be
immune from any liability resulting from damage to the
mobile electronic device.
An insurance card shall be provided for each motor vehicle
insured by the insurer issuing the liability insurance policy
and may be issued in either paper or electronic format.
Acceptable electronic formats shall permit display on a
cellular phone or other portable electronic device and satisfy
all other requirements of law and rule, including this Section,
regarding form and content.
The form, contents and manner of issuance of the insurance
card shall be prescribed by rules and regulations of the
Secretary of State. The Secretary shall adopt rules requiring
that reasonable measures be taken to prevent the fraudulent
production of insurance cards. The insurance card shall display
an effective date and an expiration date covering a period of
time not to exceed 12 months. The insurance card shall contain
the following disclaimer: "Examine policy exclusions
carefully. This form does not constitute any part of your
insurance policy." If the insurance policy represented by the
insurance card does not cover any driver operating the motor
vehicle with the owner's permission, or the owner when
operating a motor vehicle other than the vehicle for which the
policy is issued, the insurance card shall contain a warning of
such limitations in the coverage provided by the policy.
No insurer shall issue a card, similar in appearance, form
and content to the insurance card required under this Section,
in connection with an insurance policy that does not provide
the liability insurance coverage required under Section 7-601
of this Code.
The evidence of insurance shall be displayed upon request
made by any law enforcement officer wearing a uniform or
displaying a badge or other sign of authority. Any person who
fails or refuses to comply with such request is in violation of
Section 3-707 of this Code. Any person who displays evidence of
insurance, knowing there is no valid liability insurance in
effect on the motor vehicle as required under Section 7-601 of
this Code or knowing the evidence of insurance is illegally
altered, counterfeit or otherwise invalid, is in violation of
Section 3-710 of this Code.
"Display" means the manual surrender of the evidence of
insurance into the hands of the law enforcement officer, court,
or officer of the court making the request for the officer's,
court's, or officer of the court's inspection thereof.
(Source: P.A. 98-521, eff. 8-23-13.)
(625 ILCS 5/8-113) (from Ch. 95 1/2, par. 8-113)
Sec. 8-113. Secretary of State to suspend registration
certificates, registration plates or digital registration
plates, and registration sticker or digital registration
sticker when bond or policy cancelled or withdrawn. In the
event that a bond or policy of insurance is cancelled or
withdrawn with respect to a vehicle or vehicles, subject to the
provisions of Section 8-101 or 8-101.1, for which the bond or
policy of insurance was issued, then the Secretary of State
immediately shall suspend the registration certificates,
registration plates or digital registration plates, and
registration sticker or stickers or digital registration
sticker or stickers of the owner, with respect to such motor
vehicle or vehicles, and said registration certificates,
registration plates or digital registration plates, and
registration sticker or stickers or digital registration
sticker or stickers shall remain suspended and no registration
shall be permitted or renewed unless and until the owner of the
motor vehicle shall have filed proof of financial
responsibility as provided by Section 8-101 or 8-101.1.
(Source: P.A. 82-433.)
(625 ILCS 5/8-114) (from Ch. 95 1/2, par. 8-114)
Sec. 8-114. Issuance of license upon proof of financial
responsibility. The Secretary of State shall issue to each
person who has in effect proof of financial responsibility as
required by Section 8-101 or 8-101.1, a certificate for each
motor vehicle operated by such person and included within the
proof of financial responsibility. Each certificate shall
specify the Illinois registration plate or digital
registration plate and registration sticker or digital
registration sticker number of the vehicle, a statement that
proof of financial responsibility has been filed, and the
period for which the certificate was issued.
(Source: P.A. 82-433.)
(625 ILCS 5/9-109) (from Ch. 95 1/2, par. 9-109)
Sec. 9-109. Secretary of State to cancel certificate and to
suspend license plates and registration stickers when bond or
policy cancelled or withdrawn.
(a) If any insurance policy or bond filed hereunder shall
for any reason become inoperative, the Secretary of State shall
forthwith cancel the certificate of compliance of the owner and
it shall be unlawful for the owner to rent out the motor
vehicle, covered by said certificate, until a policy or bond
meeting the requirements of this Act is filed with the
Secretary of State and a certificate has been issued by him as
provided by Section 9-108.
(b) The Secretary of State shall also suspend the
registration certificate, license plates or digital license
plates, and registration sticker or stickers or digital
registration sticker or stickers of the owner, with respect to
the motor vehicle for which the insurance policy or bond had
been issued, and said registration certificates, license
plates or digital license plates, and registration sticker or
stickers or digital registration sticker or stickers shall
remain suspended and no registration shall be permitted or
renewed unless and until the owner of said motor vehicle shall
have complied with the provisions of this Act.
(Source: P.A. 80-230; 80-1185.)
(625 ILCS 5/11-204.1) (from Ch. 95 1/2, par. 11-204.1)
Sec. 11-204.1. Aggravated fleeing or attempting to elude a
peace officer.
(a) The offense of aggravated fleeing or attempting to
elude a peace officer is committed by any driver or operator of
a motor vehicle who flees or attempts to elude a peace officer,
after being given a visual or audible signal by a peace officer
in the manner prescribed in subsection (a) of Section 11-204 of
this Code, and such flight or attempt to elude:
(1) is at a rate of speed at least 21 miles per hour
over the legal speed limit;
(2) causes bodily injury to any individual;
(3) causes damage in excess of $300 to property;
(4) involves disobedience of 2 or more official traffic
control devices; or
(5) involves the concealing or altering of the
vehicle's registration plate or digital registration
plate.
(b) Any person convicted of a first violation of this
Section shall be guilty of a Class 4 felony. Upon notice of
such a conviction the Secretary of State shall forthwith revoke
the driver's license of the person so convicted, as provided in
Section 6-205 of this Code. Any person convicted of a second or
subsequent violation of this Section shall be guilty of a Class
3 felony, and upon notice of such a conviction the Secretary of
State shall forthwith revoke the driver's license of the person
convicted, as provided in Section 6-205 of the Code.
(c) The motor vehicle used in a violation of this Section
is subject to seizure and forfeiture as provided in Sections
36-1 and 36-2 of the Criminal Code of 2012.
(Source: P.A. 96-328, eff. 8-11-09; 97-743, eff. 1-1-13;
97-1150, eff. 1-25-13.)
(625 ILCS 5/11-208.6)
Sec. 11-208.6. Automated traffic law enforcement system.
(a) As used in this Section, "automated traffic law
enforcement system" means a device with one or more motor
vehicle sensors working in conjunction with a red light signal
to produce recorded images of motor vehicles entering an
intersection against a red signal indication in violation of
Section 11-306 of this Code or a similar provision of a local
ordinance.
An automated traffic law enforcement system is a system, in
a municipality or county operated by a governmental agency,
that produces a recorded image of a motor vehicle's violation
of a provision of this Code or a local ordinance and is
designed to obtain a clear recorded image of the vehicle and
the vehicle's license plate. The recorded image must also
display the time, date, and location of the violation.
(b) As used in this Section, "recorded images" means images
recorded by an automated traffic law enforcement system on:
(1) 2 or more photographs;
(2) 2 or more microphotographs;
(3) 2 or more electronic images; or
(4) a video recording showing the motor vehicle and, on
at least one image or portion of the recording, clearly
identifying the registration plate or digital registration
plate number of the motor vehicle.
(b-5) A municipality or county that produces a recorded
image of a motor vehicle's violation of a provision of this
Code or a local ordinance must make the recorded images of a
violation accessible to the alleged violator by providing the
alleged violator with a website address, accessible through the
Internet.
(c) Except as provided under Section 11-208.8 of this Code,
a county or municipality, including a home rule county or
municipality, may not use an automated traffic law enforcement
system to provide recorded images of a motor vehicle for the
purpose of recording its speed. Except as provided under
Section 11-208.8 of this Code, the regulation of the use of
automated traffic law enforcement systems to record vehicle
speeds is an exclusive power and function of the State. This
subsection (c) is a denial and limitation of home rule powers
and functions under subsection (h) of Section 6 of Article VII
of the Illinois Constitution.
(c-5) A county or municipality, including a home rule
county or municipality, may not use an automated traffic law
enforcement system to issue violations in instances where the
motor vehicle comes to a complete stop and does not enter the
intersection, as defined by Section 1-132 of this Code, during
the cycle of the red signal indication unless one or more
pedestrians or bicyclists are present, even if the motor
vehicle stops at a point past a stop line or crosswalk where a
driver is required to stop, as specified in subsection (c) of
Section 11-306 of this Code or a similar provision of a local
ordinance.
(c-6) A county, or a municipality with less than 2,000,000
inhabitants, including a home rule county or municipality, may
not use an automated traffic law enforcement system to issue
violations in instances where a motorcyclist enters an
intersection against a red signal indication when the red
signal fails to change to a green signal within a reasonable
period of time not less than 120 seconds because of a signal
malfunction or because the signal has failed to detect the
arrival of the motorcycle due to the motorcycle's size or
weight.
(d) For each violation of a provision of this Code or a
local ordinance recorded by an automatic traffic law
enforcement system, the county or municipality having
jurisdiction shall issue a written notice of the violation to
the registered owner of the vehicle as the alleged violator.
The notice shall be delivered to the registered owner of the
vehicle, by mail, within 30 days after the Secretary of State
notifies the municipality or county of the identity of the
owner of the vehicle, but in no event later than 90 days after
the violation.
The notice shall include:
(1) the name and address of the registered owner of the
vehicle;
(2) the registration number of the motor vehicle
involved in the violation;
(3) the violation charged;
(4) the location where the violation occurred;
(5) the date and time of the violation;
(6) a copy of the recorded images;
(7) the amount of the civil penalty imposed and the
requirements of any traffic education program imposed and
the date by which the civil penalty should be paid and the
traffic education program should be completed;
(8) a statement that recorded images are evidence of a
violation of a red light signal;
(9) a warning that failure to pay the civil penalty, to
complete a required traffic education program, or to
contest liability in a timely manner is an admission of
liability and may result in a suspension of the driving
privileges of the registered owner of the vehicle;
(10) a statement that the person may elect to proceed
by:
(A) paying the fine, completing a required traffic
education program, or both; or
(B) challenging the charge in court, by mail, or by
administrative hearing; and
(11) a website address, accessible through the
Internet, where the person may view the recorded images of
the violation.
(e) If a person charged with a traffic violation, as a
result of an automated traffic law enforcement system, does not
pay the fine or complete a required traffic education program,
or both, or successfully contest the civil penalty resulting
from that violation, the Secretary of State shall suspend the
driving privileges of the registered owner of the vehicle under
Section 6-306.5 of this Code for failing to complete a required
traffic education program or to pay any fine or penalty due and
owing, or both, as a result of a combination of 5 violations of
the automated traffic law enforcement system or the automated
speed enforcement system under Section 11-208.8 of this Code.
(f) Based on inspection of recorded images produced by an
automated traffic law enforcement system, a notice alleging
that the violation occurred shall be evidence of the facts
contained in the notice and admissible in any proceeding
alleging a violation under this Section.
(g) Recorded images made by an automatic traffic law
enforcement system are confidential and shall be made available
only to the alleged violator and governmental and law
enforcement agencies for purposes of adjudicating a violation
of this Section, for statistical purposes, or for other
governmental purposes. Any recorded image evidencing a
violation of this Section, however, may be admissible in any
proceeding resulting from the issuance of the citation.
(h) The court or hearing officer may consider in defense of
a violation:
(1) that the motor vehicle or registration plates or
digital registration plates of the motor vehicle were
stolen before the violation occurred and not under the
control of or in the possession of the owner at the time of
the violation;
(2) that the driver of the vehicle passed through the
intersection when the light was red either (i) in order to
yield the right-of-way to an emergency vehicle or (ii) as
part of a funeral procession; and
(3) any other evidence or issues provided by municipal
or county ordinance.
(i) To demonstrate that the motor vehicle or the
registration plates or digital registration plates were stolen
before the violation occurred and were not under the control or
possession of the owner at the time of the violation, the owner
must submit proof that a report concerning the stolen motor
vehicle or registration plates was filed with a law enforcement
agency in a timely manner.
(j) Unless the driver of the motor vehicle received a
Uniform Traffic Citation from a police officer at the time of
the violation, the motor vehicle owner is subject to a civil
penalty not exceeding $100 or the completion of a traffic
education program, or both, plus an additional penalty of not
more than $100 for failure to pay the original penalty or to
complete a required traffic education program, or both, in a
timely manner, if the motor vehicle is recorded by an automated
traffic law enforcement system. A violation for which a civil
penalty is imposed under this Section is not a violation of a
traffic regulation governing the movement of vehicles and may
not be recorded on the driving record of the owner of the
vehicle.
(j-3) A registered owner who is a holder of a valid
commercial driver's license is not required to complete a
traffic education program.
(j-5) For purposes of the required traffic education
program only, a registered owner may submit an affidavit to the
court or hearing officer swearing that at the time of the
alleged violation, the vehicle was in the custody and control
of another person. The affidavit must identify the person in
custody and control of the vehicle, including the person's name
and current address. The person in custody and control of the
vehicle at the time of the violation is required to complete
the required traffic education program. If the person in
custody and control of the vehicle at the time of the violation
completes the required traffic education program, the
registered owner of the vehicle is not required to complete a
traffic education program.
(k) An intersection equipped with an automated traffic law
enforcement system must be posted with a sign visible to
approaching traffic indicating that the intersection is being
monitored by an automated traffic law enforcement system.
(k-3) A municipality or county that has one or more
intersections equipped with an automated traffic law
enforcement system must provide notice to drivers by posting
the locations of automated traffic law systems on the
municipality or county website.
(k-5) An intersection equipped with an automated traffic
law enforcement system must have a yellow change interval that
conforms with the Illinois Manual on Uniform Traffic Control
Devices (IMUTCD) published by the Illinois Department of
Transportation.
(k-7) A municipality or county operating an automated
traffic law enforcement system shall conduct a statistical
analysis to assess the safety impact of each automated traffic
law enforcement system at an intersection following
installation of the system. The statistical analysis shall be
based upon the best available crash, traffic, and other data,
and shall cover a period of time before and after installation
of the system sufficient to provide a statistically valid
comparison of safety impact. The statistical analysis shall be
consistent with professional judgment and acceptable industry
practice. The statistical analysis also shall be consistent
with the data required for valid comparisons of before and
after conditions and shall be conducted within a reasonable
period following the installation of the automated traffic law
enforcement system. The statistical analysis required by this
subsection (k-7) shall be made available to the public and
shall be published on the website of the municipality or
county. If the statistical analysis for the 36 month period
following installation of the system indicates that there has
been an increase in the rate of accidents at the approach to
the intersection monitored by the system, the municipality or
county shall undertake additional studies to determine the
cause and severity of the accidents, and may take any action
that it determines is necessary or appropriate to reduce the
number or severity of the accidents at that intersection.
(l) The compensation paid for an automated traffic law
enforcement system must be based on the value of the equipment
or the services provided and may not be based on the number of
traffic citations issued or the revenue generated by the
system.
(m) This Section applies only to the counties of Cook,
DuPage, Kane, Lake, Madison, McHenry, St. Clair, and Will and
to municipalities located within those counties.
(n) The fee for participating in a traffic education
program under this Section shall not exceed $25.
A low-income individual required to complete a traffic
education program under this Section who provides proof of
eligibility for the federal earned income tax credit under
Section 32 of the Internal Revenue Code or the Illinois earned
income tax credit under Section 212 of the Illinois Income Tax
Act shall not be required to pay any fee for participating in a
required traffic education program.
(o) A municipality or county shall make a certified report
to the Secretary of State pursuant to Section 6-306.5 of this
Code whenever a registered owner of a vehicle has failed to pay
any fine or penalty due and owing as a result of a combination
of 5 offenses for automated traffic law or speed enforcement
system violations.
(p) No person who is the lessor of a motor vehicle pursuant
to a written lease agreement shall be liable for an automated
speed or traffic law enforcement system violation involving
such motor vehicle during the period of the lease; provided
that upon the request of the appropriate authority received
within 120 days after the violation occurred, the lessor
provides within 60 days after such receipt the name and address
of the lessee. The drivers license number of a lessee may be
subsequently individually requested by the appropriate
authority if needed for enforcement of this Section.
Upon the provision of information by the lessor pursuant to
this subsection, the county or municipality may issue the
violation to the lessee of the vehicle in the same manner as it
would issue a violation to a registered owner of a vehicle
pursuant to this Section, and the lessee may be held liable for
the violation.
(Source: P.A. 97-29, eff. 1-1-12; 97-627, eff. 1-1-12; 97-672,
eff. 7-1-12; 97-762, eff. 7-6-12; 98-463, eff. 8-16-13.)
(625 ILCS 5/11-208.8)
Sec. 11-208.8. Automated speed enforcement systems in
safety zones.
(a) As used in this Section:
"Automated speed enforcement system" means a photographic
device, radar device, laser device, or other electrical or
mechanical device or devices installed or utilized in a safety
zone and designed to record the speed of a vehicle and obtain a
clear photograph or other recorded image of the vehicle and the
vehicle's registration plate or digital registration plate
while the driver is violating Article VI of Chapter 11 of this
Code or a similar provision of a local ordinance.
An automated speed enforcement system is a system, located
in a safety zone which is under the jurisdiction of a
municipality, that produces a recorded image of a motor
vehicle's violation of a provision of this Code or a local
ordinance and is designed to obtain a clear recorded image of
the vehicle and the vehicle's license plate. The recorded image
must also display the time, date, and location of the
violation.
"Owner" means the person or entity to whom the vehicle is
registered.
"Recorded image" means images recorded by an automated
speed enforcement system on:
(1) 2 or more photographs;
(2) 2 or more microphotographs;
(3) 2 or more electronic images; or
(4) a video recording showing the motor vehicle and, on
at least one image or portion of the recording, clearly
identifying the registration plate or digital registration
plate number of the motor vehicle.
"Safety zone" means an area that is within one-eighth of a
mile from the nearest property line of any public or private
elementary or secondary school, or from the nearest property
line of any facility, area, or land owned by a school district
that is used for educational purposes approved by the Illinois
State Board of Education, not including school district
headquarters or administrative buildings. A safety zone also
includes an area that is within one-eighth of a mile from the
nearest property line of any facility, area, or land owned by a
park district used for recreational purposes. However, if any
portion of a roadway is within either one-eighth mile radius,
the safety zone also shall include the roadway extended to the
furthest portion of the next furthest intersection. The term
"safety zone" does not include any portion of the roadway known
as Lake Shore Drive or any controlled access highway with 8 or
more lanes of traffic.
(a-5) The automated speed enforcement system shall be
operational and violations shall be recorded only at the
following times:
(i) if the safety zone is based upon the property line
of any facility, area, or land owned by a school district,
only on school days and no earlier than 6 a.m. and no later
than 8:30 p.m. if the school day is during the period of
Monday through Thursday, or 9 p.m. if the school day is a
Friday; and
(ii) if the safety zone is based upon the property line
of any facility, area, or land owned by a park district, no
earlier than one hour prior to the time that the facility,
area, or land is open to the public or other patrons, and
no later than one hour after the facility, area, or land is
closed to the public or other patrons.
(b) A municipality that produces a recorded image of a
motor vehicle's violation of a provision of this Code or a
local ordinance must make the recorded images of a violation
accessible to the alleged violator by providing the alleged
violator with a website address, accessible through the
Internet.
(c) Notwithstanding any penalties for any other violations
of this Code, the owner of a motor vehicle used in a traffic
violation recorded by an automated speed enforcement system
shall be subject to the following penalties:
(1) if the recorded speed is no less than 6 miles per
hour and no more than 10 miles per hour over the legal
speed limit, a civil penalty not exceeding $50, plus an
additional penalty of not more than $50 for failure to pay
the original penalty in a timely manner; or
(2) if the recorded speed is more than 10 miles per
hour over the legal speed limit, a civil penalty not
exceeding $100, plus an additional penalty of not more than
$100 for failure to pay the original penalty in a timely
manner.
A penalty may not be imposed under this Section if the
driver of the motor vehicle received a Uniform Traffic Citation
from a police officer for a speeding violation occurring within
one-eighth of a mile and 15 minutes of the violation that was
recorded by the system. A violation for which a civil penalty
is imposed under this Section is not a violation of a traffic
regulation governing the movement of vehicles and may not be
recorded on the driving record of the owner of the vehicle. A
law enforcement officer is not required to be present or to
witness the violation. No penalty may be imposed under this
Section if the recorded speed of a vehicle is 5 miles per hour
or less over the legal speed limit. The municipality may send,
in the same manner that notices are sent under this Section, a
speed violation warning notice where the violation involves a
speed of 5 miles per hour or less above the legal speed limit.
(d) The net proceeds that a municipality receives from
civil penalties imposed under an automated speed enforcement
system, after deducting all non-personnel and personnel costs
associated with the operation and maintenance of such system,
shall be expended or obligated by the municipality for the
following purposes:
(i) public safety initiatives to ensure safe passage
around schools, and to provide police protection and
surveillance around schools and parks, including but not
limited to: (1) personnel costs; and (2) non-personnel
costs such as construction and maintenance of public safety
infrastructure and equipment;
(ii) initiatives to improve pedestrian and traffic
safety;
(iii) construction and maintenance of infrastructure
within the municipality, including but not limited to roads
and bridges; and
(iv) after school programs.
(e) For each violation of a provision of this Code or a
local ordinance recorded by an automated speed enforcement
system, the municipality having jurisdiction shall issue a
written notice of the violation to the registered owner of the
vehicle as the alleged violator. The notice shall be delivered
to the registered owner of the vehicle, by mail, within 30 days
after the Secretary of State notifies the municipality of the
identity of the owner of the vehicle, but in no event later
than 90 days after the violation.
(f) The notice required under subsection (e) of this
Section shall include:
(1) the name and address of the registered owner of the
vehicle;
(2) the registration number of the motor vehicle
involved in the violation;
(3) the violation charged;
(4) the date, time, and location where the violation
occurred;
(5) a copy of the recorded image or images;
(6) the amount of the civil penalty imposed and the
date by which the civil penalty should be paid;
(7) a statement that recorded images are evidence of a
violation of a speed restriction;
(8) a warning that failure to pay the civil penalty or
to contest liability in a timely manner is an admission of
liability and may result in a suspension of the driving
privileges of the registered owner of the vehicle;
(9) a statement that the person may elect to proceed
by:
(A) paying the fine; or
(B) challenging the charge in court, by mail, or by
administrative hearing; and
(10) a website address, accessible through the
Internet, where the person may view the recorded images of
the violation.
(g) If a person charged with a traffic violation, as a
result of an automated speed enforcement system, does not pay
the fine or successfully contest the civil penalty resulting
from that violation, the Secretary of State shall suspend the
driving privileges of the registered owner of the vehicle under
Section 6-306.5 of this Code for failing to pay any fine or
penalty due and owing, or both, as a result of a combination of
5 violations of the automated speed enforcement system or the
automated traffic law under Section 11-208.6 of this Code.
(h) Based on inspection of recorded images produced by an
automated speed enforcement system, a notice alleging that the
violation occurred shall be evidence of the facts contained in
the notice and admissible in any proceeding alleging a
violation under this Section.
(i) Recorded images made by an automated speed enforcement
system are confidential and shall be made available only to the
alleged violator and governmental and law enforcement agencies
for purposes of adjudicating a violation of this Section, for
statistical purposes, or for other governmental purposes. Any
recorded image evidencing a violation of this Section, however,
may be admissible in any proceeding resulting from the issuance
of the citation.
(j) The court or hearing officer may consider in defense of
a violation:
(1) that the motor vehicle or registration plates or
digital registration plates of the motor vehicle were
stolen before the violation occurred and not under the
control or in the possession of the owner at the time of
the violation;
(2) that the driver of the motor vehicle received a
Uniform Traffic Citation from a police officer for a
speeding violation occurring within one-eighth of a mile
and 15 minutes of the violation that was recorded by the
system; and
(3) any other evidence or issues provided by municipal
ordinance.
(k) To demonstrate that the motor vehicle or the
registration plates or digital registration plates were stolen
before the violation occurred and were not under the control or
possession of the owner at the time of the violation, the owner
must submit proof that a report concerning the stolen motor
vehicle or registration plates was filed with a law enforcement
agency in a timely manner.
(l) A roadway equipped with an automated speed enforcement
system shall be posted with a sign conforming to the national
Manual on Uniform Traffic Control Devices that is visible to
approaching traffic stating that vehicle speeds are being
photo-enforced and indicating the speed limit. The
municipality shall install such additional signage as it
determines is necessary to give reasonable notice to drivers as
to where automated speed enforcement systems are installed.
(m) A roadway where a new automated speed enforcement
system is installed shall be posted with signs providing 30
days notice of the use of a new automated speed enforcement
system prior to the issuance of any citations through the
automated speed enforcement system.
(n) The compensation paid for an automated speed
enforcement system must be based on the value of the equipment
or the services provided and may not be based on the number of
traffic citations issued or the revenue generated by the
system.
(o) A municipality shall make a certified report to the
Secretary of State pursuant to Section 6-306.5 of this Code
whenever a registered owner of a vehicle has failed to pay any
fine or penalty due and owing as a result of a combination of 5
offenses for automated speed or traffic law enforcement system
violations.
(p) No person who is the lessor of a motor vehicle pursuant
to a written lease agreement shall be liable for an automated
speed or traffic law enforcement system violation involving
such motor vehicle during the period of the lease; provided
that upon the request of the appropriate authority received
within 120 days after the violation occurred, the lessor
provides within 60 days after such receipt the name and address
of the lessee. The drivers license number of a lessee may be
subsequently individually requested by the appropriate
authority if needed for enforcement of this Section.
Upon the provision of information by the lessor pursuant to
this subsection, the municipality may issue the violation to
the lessee of the vehicle in the same manner as it would issue
a violation to a registered owner of a vehicle pursuant to this
Section, and the lessee may be held liable for the violation.
(q) A municipality using an automated speed enforcement
system must provide notice to drivers by publishing the
locations of all safety zones where system equipment is
installed on the website of the municipality.
(r) A municipality operating an automated speed
enforcement system shall conduct a statistical analysis to
assess the safety impact of the system. The statistical
analysis shall be based upon the best available crash, traffic,
and other data, and shall cover a period of time before and
after installation of the system sufficient to provide a
statistically valid comparison of safety impact. The
statistical analysis shall be consistent with professional
judgment and acceptable industry practice. The statistical
analysis also shall be consistent with the data required for
valid comparisons of before and after conditions and shall be
conducted within a reasonable period following the
installation of the automated traffic law enforcement system.
The statistical analysis required by this subsection shall be
made available to the public and shall be published on the
website of the municipality.
(s) This Section applies only to municipalities with a
population of 1,000,000 or more inhabitants.
(Source: P.A. 97-672, eff. 7-1-12; 97-674, eff. 7-1-12; 98-463,
eff. 8-16-13.)
(625 ILCS 5/11-208.9)
Sec. 11-208.9. Automated traffic law enforcement system;
approaching, overtaking, and passing a school bus.
(a) As used in this Section, "automated traffic law
enforcement system" means a device with one or more motor
vehicle sensors working in conjunction with the visual signals
on a school bus, as specified in Sections 12-803 and 12-805 of
this Code, to produce recorded images of motor vehicles that
fail to stop before meeting or overtaking, from either
direction, any school bus stopped at any location for the
purpose of receiving or discharging pupils in violation of
Section 11-1414 of this Code or a similar provision of a local
ordinance.
An automated traffic law enforcement system is a system, in
a municipality or county operated by a governmental agency,
that produces a recorded image of a motor vehicle's violation
of a provision of this Code or a local ordinance and is
designed to obtain a clear recorded image of the vehicle and
the vehicle's license plate. The recorded image must also
display the time, date, and location of the violation.
(b) As used in this Section, "recorded images" means images
recorded by an automated traffic law enforcement system on:
(1) 2 or more photographs;
(2) 2 or more microphotographs;
(3) 2 or more electronic images; or
(4) a video recording showing the motor vehicle and, on
at least one image or portion of the recording, clearly
identifying the registration plate or digital registration
plate number of the motor vehicle.
(c) A municipality or county that produces a recorded image
of a motor vehicle's violation of a provision of this Code or a
local ordinance must make the recorded images of a violation
accessible to the alleged violator by providing the alleged
violator with a website address, accessible through the
Internet.
(d) For each violation of a provision of this Code or a
local ordinance recorded by an automated traffic law
enforcement system, the county or municipality having
jurisdiction shall issue a written notice of the violation to
the registered owner of the vehicle as the alleged violator.
The notice shall be delivered to the registered owner of the
vehicle, by mail, within 30 days after the Secretary of State
notifies the municipality or county of the identity of the
owner of the vehicle, but in no event later than 90 days after
the violation.
(e) The notice required under subsection (d) shall include:
(1) the name and address of the registered owner of the
vehicle;
(2) the registration number of the motor vehicle
involved in the violation;
(3) the violation charged;
(4) the location where the violation occurred;
(5) the date and time of the violation;
(6) a copy of the recorded images;
(7) the amount of the civil penalty imposed and the
date by which the civil penalty should be paid;
(8) a statement that recorded images are evidence of a
violation of overtaking or passing a school bus stopped for
the purpose of receiving or discharging pupils;
(9) a warning that failure to pay the civil penalty or
to contest liability in a timely manner is an admission of
liability and may result in a suspension of the driving
privileges of the registered owner of the vehicle;
(10) a statement that the person may elect to proceed
by:
(A) paying the fine; or
(B) challenging the charge in court, by mail, or by
administrative hearing; and
(11) a website address, accessible through the
Internet, where the person may view the recorded images of
the violation.
(f) If a person charged with a traffic violation, as a
result of an automated traffic law enforcement system under
this Section, does not pay the fine or successfully contest the
civil penalty resulting from that violation, the Secretary of
State shall suspend the driving privileges of the registered
owner of the vehicle under Section 6-306.5 of this Code for
failing to pay any fine or penalty due and owing as a result of
a combination of 5 violations of the automated traffic law
enforcement system or the automated speed enforcement system
under Section 11-208.8 of this Code.
(g) Based on inspection of recorded images produced by an
automated traffic law enforcement system, a notice alleging
that the violation occurred shall be evidence of the facts
contained in the notice and admissible in any proceeding
alleging a violation under this Section.
(h) Recorded images made by an automated traffic law
enforcement system are confidential and shall be made available
only to the alleged violator and governmental and law
enforcement agencies for purposes of adjudicating a violation
of this Section, for statistical purposes, or for other
governmental purposes. Any recorded image evidencing a
violation of this Section, however, may be admissible in any
proceeding resulting from the issuance of the citation.
(i) The court or hearing officer may consider in defense of
a violation:
(1) that the motor vehicle or registration plates or
digital registration plates of the motor vehicle were
stolen before the violation occurred and not under the
control of or in the possession of the owner at the time of
the violation;
(2) that the driver of the motor vehicle received a
Uniform Traffic Citation from a police officer for a
violation of Section 11-1414 of this Code within one-eighth
of a mile and 15 minutes of the violation that was recorded
by the system;
(3) that the visual signals required by Sections 12-803
and 12-805 of this Code were damaged, not activated, not
present in violation of Sections 12-803 and 12-805, or
inoperable; and
(4) any other evidence or issues provided by municipal
or county ordinance.
(j) To demonstrate that the motor vehicle or the
registration plates or digital registration plates were stolen
before the violation occurred and were not under the control or
possession of the owner at the time of the violation, the owner
must submit proof that a report concerning the stolen motor
vehicle or registration plates was filed with a law enforcement
agency in a timely manner.
(k) Unless the driver of the motor vehicle received a
Uniform Traffic Citation from a police officer at the time of
the violation, the motor vehicle owner is subject to a civil
penalty not exceeding $150 for a first time violation or $500
for a second or subsequent violation, plus an additional
penalty of not more than $100 for failure to pay the original
penalty in a timely manner, if the motor vehicle is recorded by
an automated traffic law enforcement system. A violation for
which a civil penalty is imposed under this Section is not a
violation of a traffic regulation governing the movement of
vehicles and may not be recorded on the driving record of the
owner of the vehicle, but may be recorded by the municipality
or county for the purpose of determining if a person is subject
to the higher fine for a second or subsequent offense.
(l) A school bus equipped with an automated traffic law
enforcement system must be posted with a sign indicating that
the school bus is being monitored by an automated traffic law
enforcement system.
(m) A municipality or county that has one or more school
buses equipped with an automated traffic law enforcement system
must provide notice to drivers by posting a list of school
districts using school buses equipped with an automated traffic
law enforcement system on the municipality or county website.
School districts that have one or more school buses equipped
with an automated traffic law enforcement system must provide
notice to drivers by posting that information on their
websites.
(n) A municipality or county operating an automated traffic
law enforcement system shall conduct a statistical analysis to
assess the safety impact in each school district using school
buses equipped with an automated traffic law enforcement system
following installation of the system. The statistical analysis
shall be based upon the best available crash, traffic, and
other data, and shall cover a period of time before and after
installation of the system sufficient to provide a
statistically valid comparison of safety impact. The
statistical analysis shall be consistent with professional
judgment and acceptable industry practice. The statistical
analysis also shall be consistent with the data required for
valid comparisons of before and after conditions and shall be
conducted within a reasonable period following the
installation of the automated traffic law enforcement system.
The statistical analysis required by this subsection shall be
made available to the public and shall be published on the
website of the municipality or county. If the statistical
analysis for the 36-month period following installation of the
system indicates that there has been an increase in the rate of
accidents at the approach to school buses monitored by the
system, the municipality or county shall undertake additional
studies to determine the cause and severity of the accidents,
and may take any action that it determines is necessary or
appropriate to reduce the number or severity of the accidents
involving school buses equipped with an automated traffic law
enforcement system.
(o) The compensation paid for an automated traffic law
enforcement system must be based on the value of the equipment
or the services provided and may not be based on the number of
traffic citations issued or the revenue generated by the
system.
(p) No person who is the lessor of a motor vehicle pursuant
to a written lease agreement shall be liable for an automated
speed or traffic law enforcement system violation involving
such motor vehicle during the period of the lease; provided
that upon the request of the appropriate authority received
within 120 days after the violation occurred, the lessor
provides within 60 days after such receipt the name and address
of the lessee. The drivers license number of a lessee may be
subsequently individually requested by the appropriate
authority if needed for enforcement of this Section.
Upon the provision of information by the lessor pursuant to
this subsection, the county or municipality may issue the
violation to the lessee of the vehicle in the same manner as it
would issue a violation to a registered owner of a vehicle
pursuant to this Section, and the lessee may be held liable for
the violation.
(q) A municipality or county shall make a certified report
to the Secretary of State pursuant to Section 6-306.5 of this
Code whenever a registered owner of a vehicle has failed to pay
any fine or penalty due and owing as a result of a combination
of 5 offenses for automated traffic law or speed enforcement
system violations.
(r) After a municipality or county enacts an ordinance
providing for automated traffic law enforcement systems under
this Section, each school district within that municipality or
county's jurisdiction may implement an automated traffic law
enforcement system under this Section. The elected school board
for that district must approve the implementation of an
automated traffic law enforcement system. The school district
shall be responsible for entering into a contract, approved by
the elected school board of that district, with vendors for the
installation, maintenance, and operation of the automated
traffic law enforcement system. The school district must enter
into an intergovernmental agreement, approved by the elected
school board of that district, with the municipality or county
with jurisdiction over that school district for the
administration of the automated traffic law enforcement
system. The proceeds from a school district's automated traffic
law enforcement system's fines shall be divided equally between
the school district and the municipality or county
administering the automated traffic law enforcement system.
(Source: P.A. 98-556, eff. 1-1-14.)
(625 ILCS 5/11-1201.1)
Sec. 11-1201.1. Automated Railroad Crossing Enforcement
System.
(a) For the purposes of this Section, an automated railroad
grade crossing enforcement system is a system in a municipality
or county operated by a governmental agency that produces a
recorded image of a motor vehicle's violation of a provision of
this Code or local ordinance and is designed to obtain a clear
recorded image of the vehicle and vehicle's license plate. The
recorded image must also display the time, date, and location
of the violation.
As used in this Section, "recorded images" means images
recorded by an automated railroad grade crossing enforcement
system on:
(1) 2 or more photographs;
(2) 2 or more microphotographs;
(3) 2 or more electronic images; or
(4) a video recording showing the motor vehicle and, on
at least one image or portion of the recording, clearly
identifying the registration plate or digital registration
plate number of the motor vehicle.
(b) The Illinois Commerce Commission may, in cooperation
with a local law enforcement agency, establish in any county or
municipality an automated railroad grade crossing enforcement
system at any railroad grade crossing equipped with a crossing
gate designated by local authorities. Local authorities
desiring the establishment of an automated railroad crossing
enforcement system must initiate the process by enacting a
local ordinance requesting the creation of such a system. After
the ordinance has been enacted, and before any additional steps
toward the establishment of the system are undertaken, the
local authorities and the Commission must agree to a plan for
obtaining, from any combination of federal, State, and local
funding sources, the moneys required for the purchase and
installation of any necessary equipment.
(b-1) (Blank.)
(c) For each violation of Section 11-1201 of this Code or a
local ordinance recorded by an automated railroad grade
crossing enforcement system, the county or municipality having
jurisdiction shall issue a written notice of the violation to
the registered owner of the vehicle as the alleged violator.
The notice shall be delivered to the registered owner of the
vehicle, by mail, no later than 90 days after the violation.
The notice shall include:
(1) the name and address of the registered owner of the
vehicle;
(2) the registration number of the motor vehicle
involved in the violation;
(3) the violation charged;
(4) the location where the violation occurred;
(5) the date and time of the violation;
(6) a copy of the recorded images;
(7) the amount of the civil penalty imposed and the
date by which the civil penalty should be paid;
(8) a statement that recorded images are evidence of a
violation of a railroad grade crossing;
(9) a warning that failure to pay the civil penalty or
to contest liability in a timely manner is an admission of
liability and may result in a suspension of the driving
privileges of the registered owner of the vehicle; and
(10) a statement that the person may elect to proceed
by:
(A) paying the fine; or
(B) challenging the charge in court, by mail, or by
administrative hearing.
(d) If a person charged with a traffic violation, as a
result of an automated railroad grade crossing enforcement
system, does not pay or successfully contest the civil penalty
resulting from that violation, the Secretary of State shall
suspend the driving privileges of the registered owner of the
vehicle under Section 6-306.5 of this Code for failing to pay
any fine or penalty due and owing as a result of 5 violations
of the automated railroad grade crossing enforcement system.
(d-1) (Blank.)
(d-2) (Blank.)
(e) Based on inspection of recorded images produced by an
automated railroad grade crossing enforcement system, a notice
alleging that the violation occurred shall be evidence of the
facts contained in the notice and admissible in any proceeding
alleging a violation under this Section.
(e-1) Recorded images made by an automated railroad grade
crossing enforcement system are confidential and shall be made
available only to the alleged violator and governmental and law
enforcement agencies for purposes of adjudicating a violation
of this Section, for statistical purposes, or for other
governmental purposes. Any recorded image evidencing a
violation of this Section, however, may be admissible in any
proceeding resulting from the issuance of the citation.
(e-2) The court or hearing officer may consider the
following in the defense of a violation:
(1) that the motor vehicle or registration plates or
digital registration plates of the motor vehicle were
stolen before the violation occurred and not under the
control of or in the possession of the owner at the time of
the violation;
(2) that the driver of the motor vehicle received a
Uniform Traffic Citation from a police officer at the time
of the violation for the same offense;
(3) any other evidence or issues provided by municipal
or county ordinance.
(e-3) To demonstrate that the motor vehicle or the
registration plates or digital registration plates were stolen
before the violation occurred and were not under the control or
possession of the owner at the time of the violation, the owner
must submit proof that a report concerning the stolen motor
vehicle or registration plates was filed with a law enforcement
agency in a timely manner.
(f) Rail crossings equipped with an automatic railroad
grade crossing enforcement system shall be posted with a sign
visible to approaching traffic stating that the railroad grade
crossing is being monitored, that citations will be issued, and
the amount of the fine for violation.
(g) The compensation paid for an automated railroad grade
crossing enforcement system must be based on the value of the
equipment or the services provided and may not be based on the
number of citations issued or the revenue generated by the
system.
(h) (Blank.)
(i) If any part or parts of this Section are held by a
court of competent jurisdiction to be unconstitutional, the
unconstitutionality shall not affect the validity of the
remaining parts of this Section. The General Assembly hereby
declares that it would have passed the remaining parts of this
Section if it had known that the other part or parts of this
Section would be declared unconstitutional.
(j) Penalty. A civil fine of $250 shall be imposed for a
first violation of this Section, and a civil fine of $500 shall
be imposed for a second or subsequent violation of this
Section.
(Source: P.A. 96-478, eff. 1-1-10.)
(625 ILCS 5/11-1301.1) (from Ch. 95 1/2, par. 11-1301.1)
Sec. 11-1301.1. Persons with disabilities - Parking
privileges - Exemptions.
(a) A motor vehicle bearing registration plates or digital
registration plates issued to a person with disabilities, as
defined by Section 1-159.1, pursuant to Section 3-616 or to a
veteran with a disability pursuant to subsection (a) of Section
3-609 or a special decal or device issued pursuant to Section
3-616 or pursuant to Section 11-1301.2 of this Code or a motor
vehicle registered in another jurisdiction, state, district,
territory or foreign country upon which is displayed a
registration plate or digital registration plate, special
decal or device issued by the other jurisdiction designating
the vehicle is operated by or for a person with disabilities
shall be exempt from the payment of parking meter fees until
January 1, 2014, and exempt from any statute or ordinance
imposing time limitations on parking, except limitations of
one-half hour or less, on any street or highway zone, a parking
area subject to regulation under subsection (a) of Section
11-209 of this Code, or any parking lot or parking place which
are owned, leased or owned and leased by a municipality or a
municipal parking utility; and shall be recognized by state and
local authorities as a valid license plate or parking device
and shall receive the same parking privileges as residents of
this State; but, such vehicle shall be subject to the laws
which prohibit parking in "no stopping" and "no standing" zones
in front of or near fire hydrants, driveways, public building
entrances and exits, bus stops and loading areas, and is
prohibited from parking where the motor vehicle constitutes a
traffic hazard, whereby such motor vehicle shall be moved at
the instruction and request of a law enforcement officer to a
location designated by the officer.
(b) Any motor vehicle bearing registration plates or
digital registration plates or a special decal or device
specified in this Section or in Section 3-616 of this Code or
such parking device as specifically authorized in Section
11-1301.2 as evidence that the vehicle is operated by or for a
person with disabilities or bearing registration plates or
digital registration plates issued to a veteran with a
disability under subsection (a) of Section 3-609 may park, in
addition to any other lawful place, in any parking place
specifically reserved for such vehicles by the posting of an
official sign as provided under Section 11-301. Parking
privileges granted by this Section are strictly limited to the
person to whom the special registration plates or digital
registration plates, special decal or device were issued and to
qualified operators acting under his or her express direction
while the person with disabilities is present. A person to whom
privileges were granted shall, at the request of a police
officer or any other person invested by law with authority to
direct, control, or regulate traffic, present an
identification card with a picture as verification that the
person is the person to whom the special registration plates or
digital registration plates, special decal or device was
issued.
(c) Such parking privileges granted by this Section are
also extended to motor vehicles of not-for-profit
organizations used for the transportation of persons with
disabilities when such motor vehicles display the decal or
device issued pursuant to Section 11-1301.2 of this Code.
(d) No person shall use any area for the parking of any
motor vehicle pursuant to Section 11-1303 of this Code or where
an official sign controlling such area expressly prohibits
parking at any time or during certain hours.
(e) Beginning January 1, 2014, a vehicle displaying a decal
or device issued under subsection (c-5) of Section 11-1301.2 of
this Code shall be exempt from the payment of fees generated by
parking in a metered space or in a publicly owned parking area.
(Source: P.A. 98-463, eff. 8-16-13; 98-577, eff. 1-1-14;
99-143, eff. 7-27-15.)
(625 ILCS 5/11-1301.2) (from Ch. 95 1/2, par. 11-1301.2)
Sec. 11-1301.2. Special decals for parking; persons with
disabilities.
(a) The Secretary of State shall provide for, by
administrative rules, the design, size, color, and placement of
a person with disabilities motorist decal or device and shall
provide for, by administrative rules, the content and form of
an application for a person with disabilities motorist decal or
device, which shall be used by local authorities in the
issuance thereof to a person with temporary disabilities,
provided that the decal or device is valid for no more than 90
days, subject to renewal for like periods based upon continued
disability, and further provided that the decal or device
clearly sets forth the date that the decal or device expires.
The application shall include the requirement of an Illinois
Identification Card number or a State of Illinois driver's
license number or, if the applicant does not have an
identification card or driver's license number, then the
applicant may use a valid identification number issued by a
branch of the U.S. military or a federally issued Medicare or
Medicaid identification number. This decal or device may be
used by the authorized holder to designate and identify a
vehicle not owned or displaying a registration plate or digital
registration plate as provided in Sections 3-609 and 3-616 of
this Act to designate when the vehicle is being used to
transport said person or persons with disabilities, and thus is
entitled to enjoy all the privileges that would be afforded a
person with disabilities licensed vehicle. Person with
disabilities decals or devices issued and displayed pursuant to
this Section shall be recognized and honored by all local
authorities regardless of which local authority issued such
decal or device.
The decal or device shall be issued only upon a showing by
adequate documentation that the person for whose benefit the
decal or device is to be used has a disability as defined in
Section 1-159.1 of this Code and the disability is temporary.
(b) The local governing authorities shall be responsible
for the provision of such decal or device, its issuance and
designated placement within the vehicle. The cost of such decal
or device shall be at the discretion of such local governing
authority.
(c) The Secretary of State may, pursuant to Section
3-616(c), issue a person with disabilities parking decal or
device to a person with disabilities as defined by Section
1-159.1. Any person with disabilities parking decal or device
issued by the Secretary of State shall be registered to that
person with disabilities in the form to be prescribed by the
Secretary of State. The person with disabilities parking decal
or device shall not display that person's address. One
additional decal or device may be issued to an applicant upon
his or her written request and with the approval of the
Secretary of State. The written request must include a
justification of the need for the additional decal or device.
(c-5) Beginning January 1, 2014, the Secretary shall
provide by administrative rule for the issuance of a separate
and distinct parking decal or device for persons with
disabilities as defined by Section 1-159.1 of this Code and who
meet the qualifications under this subsection. The authorized
holder of a decal or device issued under this subsection (c-5)
shall be exempt from the payment of fees generated by parking
in a metered space, a parking area subject to paragraph (10) of
subsection (a) of Section 11-209 of this Code, or a publicly
owned parking area.
The Secretary shall issue a meter-exempt decal or device to
a person with disabilities who: (i) has been issued
registration plates or digital registration plates under
subsection (a) of Section 3-609 or Section 3-616 of this Code
or a special decal or device under this Section, (ii) holds a
valid Illinois driver's license, and (iii) is unable to do one
or more of the following:
(1) manage, manipulate, or insert coins, or obtain
tickets or tokens in parking meters or ticket machines in
parking lots, due to the lack of fine motor control of both
hands;
(2) reach above his or her head to a height of 42
inches from the ground, due to a lack of finger, hand, or
upper extremity strength or mobility;
(3) approach a parking meter due to his or her use of a
wheelchair or other device for mobility; or
(4) walk more than 20 feet due to an orthopedic,
neurological, cardiovascular, or lung condition in which
the degree of debilitation is so severe that it almost
completely impedes the ability to walk.
The application for a meter-exempt parking decal or device
shall contain a statement certified by a licensed physician,
physician assistant, or advanced practice registered nurse
attesting to the permanent nature of the applicant's condition
and verifying that the applicant meets the physical
qualifications specified in this subsection (c-5).
Notwithstanding the requirements of this subsection (c-5),
the Secretary shall issue a meter-exempt decal or device to a
person who has been issued registration plates or digital
registration plates under Section 3-616 of this Code or a
special decal or device under this Section, if the applicant is
the parent or guardian of a person with disabilities who is
under 18 years of age and incapable of driving.
(d) Replacement decals or devices may be issued for lost,
stolen, or destroyed decals upon application and payment of a
$10 fee. The replacement fee may be waived for individuals that
have claimed and received a grant under the Senior Citizens and
Persons with Disabilities Property Tax Relief Act.
(e) A person classified as a veteran under subsection (e)
of Section 6-106 of this Code that has been issued a decal or
device under this Section shall not be required to submit
evidence of disability in order to renew that decal or device
if, at the time of initial application, he or she submitted
evidence from his or her physician or the Department of
Veterans' Affairs that the disability is of a permanent nature.
However, the Secretary shall take reasonable steps to ensure
the veteran still resides in this State at the time of the
renewal. These steps may include requiring the veteran to
provide additional documentation or to appear at a Secretary of
State facility. To identify veterans who are eligible for this
exemption, the Secretary shall compare the list of the persons
who have been issued a decal or device to the list of persons
who have been issued a vehicle registration plate or digital
registration plate for veterans with disabilities under
Section 3-609 of this Code, or who are identified as a veteran
on their driver's license under Section 6-110 of this Code or
on their identification card under Section 4 of the Illinois
Identification Card Act.
(Source: P.A. 99-143, eff. 7-27-15; 100-513, eff. 1-1-18;
100-702, eff. 1-1-19.)
(625 ILCS 5/11-1303) (from Ch. 95 1/2, par. 11-1303)
Sec. 11-1303. Stopping, standing or parking prohibited in
specified places.
(a) Except when necessary to avoid conflict with other
traffic, or in compliance with law or the directions of a
police officer or official traffic-control device, no person
shall:
1. Stop, stand or park a vehicle:
a. On the roadway side of any vehicle stopped or
parked at the edge or curb of a street;
b. On a sidewalk;
c. Within an intersection;
d. On a crosswalk;
e. Between a safety zone and the adjacent curb or
within 30 feet of points on the curb immediately
opposite the ends of a safety zone, unless a different
length is indicated by signs or markings;
f. Alongside or opposite any street excavation or
obstruction when stopping, standing or parking would
obstruct traffic;
g. Upon any bridge or other elevated structure upon
a highway or within a highway tunnel;
h. On any railroad tracks. A violation of any part
of this subparagraph h. shall result in a mandatory
fine of $500 or 50 hours of community service.
i. At any place where official signs prohibit
stopping;
j. On any controlled-access highway;
k. In the area between roadways of a divided
highway, including crossovers;
l. In a public parking area if the vehicle does not
display a current annual registration sticker or
digital registration sticker or current temporary
permit pending registration.
2. Stand or park a vehicle, whether occupied or not,
except momentarily to pick up or discharge passengers:
a. In front of a public or private driveway;
b. Within 15 feet of a fire hydrant;
c. Within 20 feet of a crosswalk at an
intersection;
d. Within 30 feet upon the approach to any flashing
signal, stop sign, yield sign, or traffic control
signal located at the side of a roadway;
e. Within 20 feet of the driveway entrance to any
fire station and on the side of a street opposite the
entrance to any fire station within 75 feet of such
entrance (when properly sign-posted);
f. At any place where official signs prohibit
standing.
3. Park a vehicle, whether occupied or not, except
temporarily for the purpose of and while actually engaged
in loading or unloading property or passengers:
a. Within 50 feet of the nearest rail of a railroad
crossing;
b. At any place where official signs prohibit
parking.
(b) No person shall move a vehicle not lawfully under his
control into any such prohibited area or away from a curb such
distance as is unlawful.
(Source: P.A. 89-245, eff. 1-1-96; 89-658, eff. 1-1-97.)
(625 ILCS 5/11-1304.5)
Sec. 11-1304.5. Parking of vehicle with expired
registration. No person may stop, park, or leave standing upon
a public street, highway, or roadway a vehicle upon which is
displayed an Illinois registration plate or plates or digital
registration plate or plates or registration sticker or digital
registration sticker after the termination of the registration
period, except as provided for in subsection (b) of Section
3-701 of this Code, for which the registration plate or plates
or digital registration plate or plates or registration sticker
or digital registration sticker was issued or after the
expiration date set under Section 3-414 or 3-414.1 of this
Code.
(Source: P.A. 99-166, eff. 7-28-15.)
(625 ILCS 5/11-1305) (from Ch. 95 1/2, par. 11-1305)
Sec. 11-1305. Lessors of visitor vehicles - Duty upon
receiving notice of violation of this Article or local parking
regulation. Every person in whose name a vehicle is registered
pursuant to law and who leases such vehicle to others, after
receiving written notice of a violation of this Article or a
parking regulation of a local authority involving such vehicle,
shall upon request provide such police officers as have
authority of the offense, and the court having jurisdiction
thereof, with a written statement of the name and address of
the lessee at the time of such offense and the identifying
number upon the registration plates or digital registration
plates and registration sticker or stickers or digital
registration sticker or stickers of such vehicle.
(Source: P.A. 80-230; 80-911; 80-1185.)
(625 ILCS 5/12-610) (from Ch. 95 1/2, par. 12-610)
Sec. 12-610. Headset receivers.
(a) Except as provided under Section 11-1403.3, no driver
of a motor vehicle on the highways of this State shall wear
headset receivers while driving.
(b) This Section does not prohibit the use of a headset
type receiving equipment used exclusively for safety or traffic
engineering studies, by law enforcement personnel on duty, or
emergency medical services and fire service personnel.
(c) This Section does not prohibit the use of any single
sided headset type receiving and transmitting equipment
designed to be used in or on one ear which is used exclusively
for providing two-way radio vocal communications by an
individual in possession of a current and valid novice class or
higher amateur radio license issued by the Federal
Communications Commission and an amateur radio operator
special registration plate or digital registration plate
issued under Section 3-607 of this Code.
(d) This Section does not prohibit the use of a
single-sided headset or earpiece with a cellular or other
mobile telephone.
(Source: P.A. 92-152, eff. 7-25-01.)
(625 ILCS 5/13-101) (from Ch. 95 1/2, par. 13-101)
Sec. 13-101. Submission to safety test; certificate of
safety. To promote the safety of the general public, every
owner of a second division vehicle, medical transport vehicle,
tow truck, first division vehicle including a taxi which is
used for a purpose that requires a school bus driver permit,
motor vehicle used for driver education training, or contract
carrier transporting employees in the course of their
employment on a highway of this State in a vehicle designed to
carry 15 or fewer passengers shall, before operating the
vehicle upon the highways of Illinois, submit it to a "safety
test" and secure a certificate of safety furnished by the
Department as set forth in Section 13-109. Each second division
motor vehicle that pulls or draws a trailer, semitrailer or
pole trailer, with a gross weight of 10,001 lbs or more or is
registered for a gross weight of 10,001 lbs or more, motor bus,
religious organization bus, school bus, senior citizen
transportation vehicle, and limousine shall be subject to
inspection by the Department and the Department is authorized
to establish rules and regulations for the implementation of
such inspections.
The owners of each salvage vehicle shall submit it to a
"safety test" and secure a certificate of safety furnished by
the Department prior to its salvage vehicle inspection pursuant
to Section 3-308 of this Code. In implementing and enforcing
the provisions of this Section, the Department and other
authorized State agencies shall do so in a manner that is not
inconsistent with any applicable federal law or regulation so
that no federal funding or support is jeopardized by the
enactment or application of these provisions.
However, none of the provisions of Chapter 13 requiring
safety tests or a certificate of safety shall apply to:
(a) farm tractors, machinery and implements, wagons,
wagon-trailers or like farm vehicles used primarily in
agricultural pursuits;
(b) vehicles other than school buses, tow trucks and
medical transport vehicles owned or operated by a municipal
corporation or political subdivision having a population
of 1,000,000 or more inhabitants and which are subject to
safety tests imposed by local ordinance or resolution;
(c) a semitrailer or trailer having a gross weight of
5,000 pounds or less including vehicle weight and maximum
load;
(d) recreational vehicles;
(e) vehicles registered as and displaying Illinois
antique vehicle plates and vehicles registered as
expanded-use antique vehicles and displaying expanded-use
antique vehicle plates;
(f) house trailers equipped and used for living
quarters;
(g) vehicles registered as and displaying Illinois
permanently mounted equipment plates or similar vehicles
eligible therefor but registered as governmental vehicles
provided that if said vehicle is reclassified from a
permanently mounted equipment plate so as to lose the
exemption of not requiring a certificate of safety, such
vehicle must be safety tested within 30 days of the
reclassification;
(h) vehicles owned or operated by a manufacturer,
dealer or transporter displaying a special plate or plates
as described in Chapter 3 of this Code while such vehicle
is being delivered from the manufacturing or assembly plant
directly to the purchasing dealership or distributor, or
being temporarily road driven for quality control testing,
or from one dealer or distributor to another, or are being
moved by the most direct route from one location to another
for the purpose of installing special bodies or equipment,
or driven for purposes of demonstration by a prospective
buyer with the dealer or his agent present in the cab of
the vehicle during the demonstration;
(i) pole trailers and auxiliary axles;
(j) special mobile equipment;
(k) vehicles properly registered in another State
pursuant to law and displaying a valid registration plate
or digital registration plate, except vehicles of contract
carriers transporting employees in the course of their
employment on a highway of this State in a vehicle designed
to carry 15 or fewer passengers are only exempted to the
extent that the safety testing requirements applicable to
such vehicles in the state of registration are no less
stringent than the safety testing requirements applicable
to contract carriers that are lawfully registered in
Illinois;
(l) water-well boring apparatuses or rigs;
(m) any vehicle which is owned and operated by the
federal government and externally displays evidence of
such ownership; and
(n) second division vehicles registered for a gross
weight of 10,000 pounds or less, except when such second
division motor vehicles pull or draw a trailer,
semi-trailer or pole trailer having a gross weight of or
registered for a gross weight of more than 10,000 pounds;
motor buses; religious organization buses; school buses;
senior citizen transportation vehicles; medical transport
vehicles; tow trucks; and any property carrying vehicles
being operated in commerce that are registered for a gross
weight of more than 8,000 lbs but less than 10,001 lbs.
The safety test shall include the testing and inspection of
brakes, lights, horns, reflectors, rear vision mirrors,
mufflers, safety chains, windshields and windshield wipers,
warning flags and flares, frame, axle, cab and body, or cab or
body, wheels, steering apparatus, and other safety devices and
appliances required by this Code and such other safety tests as
the Department may by rule or regulation require, for second
division vehicles, school buses, medical transport vehicles,
tow trucks, first division vehicles including taxis which are
used for a purpose that requires a school bus driver permit,
motor vehicles used for driver education training, vehicles
designed to carry 15 or fewer passengers operated by a contract
carrier transporting employees in the course of their
employment on a highway of this State, trailers, and
semitrailers subject to inspection.
For tow trucks, the safety test and inspection shall also
include the inspection of winch mountings, body panels, body
mounts, wheel lift swivel points, and sling straps, and other
tests and inspections the Department by rule requires for tow
trucks.
For driver education vehicles used by public high schools,
the vehicle must also be equipped with dual control brakes, a
mirror on each side of the vehicle so located as to reflect to
the driver a view of the highway for a distance of at least 200
feet to the rear, and a sign visible from the front and the
rear identifying the vehicle as a driver education car.
For trucks, truck tractors, trailers, semi-trailers,
buses, and first division vehicles including taxis which are
used for a purpose that requires a school bus driver permit,
the safety test shall be conducted in accordance with the
Minimum Periodic Inspection Standards promulgated by the
Federal Highway Administration of the U.S. Department of
Transportation and contained in Appendix G to Subchapter B of
Chapter III of Title 49 of the Code of Federal Regulations.
Those standards, as now in effect, are made a part of this
Code, in the same manner as though they were set out in full in
this Code.
The passing of the safety test shall not be a bar at any
time to prosecution for operating a second division vehicle,
medical transport vehicle, motor vehicle used for driver
education training, or vehicle designed to carry 15 or fewer
passengers operated by a contract carrier as provided in this
Section that is unsafe, as determined by the standards
prescribed in this Code.
(Source: P.A. 100-956, eff. 1-1-19.)
(625 ILCS 5/13C-55)
Sec. 13C-55. Enforcement.
(a) Computer-Matched Enforcement.
(1) The provisions of this subsection (a) are operative
until the implementation of the registration denial
enforcement mechanism required by subsection (b). The
Agency shall cooperate in the enforcement of this Chapter
by (i) identifying probable violations through computer
matching of vehicle registration records and inspection
records; (ii) sending one notice to each suspected violator
identified through such matching, stating that
registration and inspection records indicate that the
vehicle owner has not complied with this Chapter; (iii)
directing the vehicle owner to notify the Agency or the
Secretary of State if he or she has ceased to own the
vehicle or has changed residence; and (iv) advising the
vehicle owner of the consequences of violating this
Chapter.
The Agency shall cooperate with the Secretary of State
in the administration of this Chapter and the related
provisions of Chapter 3, and shall provide the Secretary of
State with such information as the Secretary of State may
deem necessary for these purposes, including regular and
timely access to vehicle inspection records.
The Secretary of State shall cooperate with the Agency
in the administration of this Chapter and shall provide the
Agency with such information as the Agency may deem
necessary for the purposes of this Chapter, including
regular and timely access to vehicle registration records.
Section 2-123 of this Code does not apply to the provision
of this information.
(2) The Secretary of State shall suspend either the
driving privileges or the vehicle registration, or both, of
any vehicle owner who has not complied with this Chapter,
if (i) the vehicle owner has failed to satisfactorily
respond to the one notice sent by the Agency under
paragraph (a)(1), and (ii) the Secretary of State has
mailed the vehicle owner a notice that the suspension will
be imposed if the owner does not comply within a stated
period, and the Secretary of State has not received
satisfactory evidence of compliance within that period.
The Secretary of State shall send this notice only after
receiving a statement from the Agency that the vehicle
owner has failed to comply with this Section. Notice shall
be effective as specified in subsection (c) of Section
6-211 of this Code.
A suspension under this paragraph (a)(2) shall not be
terminated until satisfactory proof of compliance has been
submitted to the Secretary of State. No driver's license or
permit, or renewal of a license or permit, may be issued to
a person whose driving privileges have been suspended under
this Section until the suspension has been terminated. No
vehicle registration or registration plate or digital
registration plate that has been suspended under this
Section may be reinstated or renewed, or transferred by the
owner to any other vehicle, until the suspension has been
terminated.
(b) Registration Denial Enforcement.
(1) No later than January 1, 2008, and consistent with
Title 40, Part 51, Section 51.361 of the Code of Federal
Regulations, the Agency and the Secretary of State shall
design, implement, maintain, and operate a registration
denial enforcement mechanism to ensure compliance with the
provisions of this Chapter, and cooperate with other State
and local governmental entities to effectuate its
provisions. Specifically, this enforcement mechanism shall
contain, at a minimum, the following elements:
(A) An external, readily visible means of
determining vehicle compliance with the registration
requirement to facilitate enforcement of the program;
(B) A biennial schedule of testing that clearly
determines when a vehicle shall comply prior to
registration;
(C) A testing certification mechanism (either
paper-based or electronic) that shall be used for
registration purposes and clearly states whether the
certification is valid for purposes of registration,
including:
(i) Expiration date of the certificate;
(ii) Unambiguous vehicle identification
information; and
(iii) Whether the vehicle passed or received a
waiver;
(D) A commitment to routinely issue citations to
motorists with expired or missing license plates, with
either no registration or an expired registration, and
with no license plate decals or expired decals, and
provide for enforcement officials other than police to
issue citations (e.g., parking meter attendants) to
parked vehicles in noncompliance;
(E) A commitment to structure the penalty system to
deter noncompliance with the registration requirement
through the use of mandatory minimum fines (meaning
civil, monetary penalties) constituting a meaningful
deterrent and through a requirement that compliance be
demonstrated before a case can be closed;
(F) Ensurance that evidence of testing is
available and checked for validity at the time of a new
registration of a used vehicle or registration
renewal;
(G) Prevention of owners or lessors from avoiding
testing through manipulation of the title or
registration system; title transfers may re-start the
clock on the inspection cycle only if proof of current
compliance is required at title transfer;
(H) Prevention of the fraudulent initial
classification or reclassification of a vehicle from
subject to non-subject or exempt by requiring proof of
address changes prior to registration record
modification, and documentation from the testing
program (or delegate) certifying based on a physical
inspection that the vehicle is exempt;
(I) Limiting and tracking of the use of time
extensions of the registration requirement to prevent
repeated extensions;
(J) Providing for meaningful penalties for cases
of registration fraud;
(K) Limiting and tracking exemptions to prevent
abuse of the exemption policy for vehicles claimed to
be out-of-state; and
(L) Encouraging enforcement of vehicle
registration transfer requirements when vehicle owners
move into the affected counties by coordinating with
local and State enforcement agencies and structuring
other activities (e.g., driver's license issuance) to
effect registration transfers.
(2) The Agency shall cooperate in the enforcement of
this Chapter by providing the owner or owners of complying
vehicles with a Compliance Certificate stating that the
vehicle meets all applicable requirements of this Chapter.
The Agency shall cooperate with the Secretary of State
in the administration of this Chapter and the related
provisions of Chapter 3, and shall provide the Secretary of
State with such information as the Secretary of State may
deem necessary for these purposes, including regular and
timely access to vehicle inspection records.
The Secretary of State shall cooperate with the Agency
in the administration of this Chapter and shall provide the
Agency with such information as the Agency may deem
necessary for the purposes of this Chapter, including
regular and timely access to vehicle registration records.
Section 2-123 of this Code does not apply to the provision
of this information.
(3) Consistent with the requirements of Section
13C-15, the Secretary of State shall not renew any vehicle
registration for a subject vehicle that has not complied
with this Chapter. Additionally, the Secretary of State
shall not allow the issuance of a new registration nor
allow the transfer of a registration to a subject vehicle
that has not complied with this Chapter.
(4) The Secretary of State shall suspend the
registration of any vehicle which has permanent vehicle
registration plates or digital registration plates that
has not complied with the requirements of this Chapter. A
suspension under this paragraph (4) shall not be terminated
until satisfactory proof of compliance has been submitted
to the Secretary of State. No permanent vehicle
registration plate or digital registration plate that has
been suspended under this Section may be reinstated or
renewed, or transferred by the owner to any other vehicle,
until the suspension has been terminated.
(Source: P.A. 94-526, eff. 1-1-06; 94-848, eff. 6-9-06.)
(625 ILCS 5/20-401) (from Ch. 95 1/2, par. 20-401)
Sec. 20-401. Saving provisions. The repeal of any Act by
this Chapter shall not affect any right accrued or liability
incurred under said repealed Act to the effective date hereof.
The provisions of this Act, insofar as they are the same or
substantially the same as those of any prior Act, shall be
construed as a continuation of said prior Act. Any license,
permit, certificate, registration, registration plate or
digital registration plate, registration sticker or digital
registration sticker, bond, policy of insurance or other
instrument or document issued or filed or any deposit made
under any such prior Act and still in effect on the effective
date of this Act shall, except as otherwise specifically
provided in this Act, be deemed the equivalent of a license,
permit, certificate, registration, registration plate or
digital registration plate, registration sticker or digital
registration sticker, bond, policy of insurance, or other
instrument or document issued or filed or any deposit made
under this Act, and shall continue in effect until its
expiration or until suspended, revoked, cancelled or forfeited
under this Act.
Furthermore, when any section of any of the various laws or
acts repealed by this Act is amended by an Amendatory Act of
the 76th General Assembly, and such amended section becomes law
prior to the effective date of this Act, then it is the intent
of the General Assembly that the corresponding section of this
Code and Act be construed so as to give effect to such
amendment as if it were made a part of this Code. Should,
however, any such Amendatory Act amend a definition of a word
or phrase in an act repealed by this Act, and such becomes law
prior to the effective date of this Act, it is the further
intent of the General Assembly that the corresponding section
of this Code specifically defining such word or phrase be
construed so as to give effect to such amendment, and if not
specifically defined, that the corresponding section of
Chapter 1 of this Code be construed so as to give effect to
such amendment. In the event that a new section is added to an
act repealed by this Act by an Act of the 76th General
Assembly, it is the further intent of the General Assembly that
this Code be construed as if such were made a part of this
Code.
(Source: P.A. 80-230.)
Section 25. The Automated Traffic Control Systems in
Highway Construction or Maintenance Zones Act is amended by
changing Sections 15 and 30 as follows:
(625 ILCS 7/15)
Sec. 15. Definitions. As used in this Act:
(a) "Automated traffic control system" means a
photographic device, radar device, laser device, or other
electrical or mechanical device or devices designed to record
the speed of a vehicle and obtain a clear photograph or other
recorded image of the vehicle, the vehicle operator, and the
vehicle's registration plate or digital registration plate
while the driver is violating Section 11-605.1 of the Illinois
Vehicle Code. The photograph or other recorded image must also
display the time, date, and location of the violation. A law
enforcement officer is not required to be present or to witness
the violation.
(b) "Construction or maintenance zone" means an area in
which the Department of Transportation or the Illinois State
Toll Highway Authority has determined that the preexisting
established speed limit through a highway construction or
maintenance project is greater than is reasonable or safe with
respect to the conditions expected to exist in the construction
or maintenance zone and has posted a lower speed limit with a
highway construction or maintenance zone special speed limit
sign in accordance with Section 11-605.1 of the Illinois
Vehicle Code.
(c) "Owner" means the person or entity to whom the vehicle
is registered.
(Source: P.A. 93-947, eff. 8-19-04.)
(625 ILCS 7/30)
Sec. 30. Requirements for issuance of a citation.
(a) The vehicle, vehicle operator, vehicle registration
plate or digital registration plate, speed, date, time, and
location must be clearly visible on the photograph or other
recorded image of the alleged violation.
(b) A Uniform Traffic Citation must be mailed or otherwise
delivered to the registered owner of the vehicle. If mailed,
the citation must be sent via certified mail within 14 business
days of the alleged violation, return receipt requested.
(c) The Uniform Traffic Citation must include:
(1) the name and address of the vehicle owner;
(2) the registration number of the vehicle;
(3) the offense charged;
(4) the time, date, and location of the violation;
(5) the first available court date; and
(6) notice that the basis of the citation is the
photograph or recorded image from the automated traffic
control system.
(d) The Uniform Traffic Citation issued to the violator
must be accompanied by a written document that lists the
violator's rights and obligations and explains how the violator
can elect to proceed by either paying the fine or challenging
the issuance of the Uniform Traffic Citation.
(Source: P.A. 93-947, eff. 8-19-04; 94-757, eff. 5-12-06;
94-814, eff. 1-1-07.)
Section 99. Effective date. This Act takes effect upon
becoming law.
INDEX
Statutes amended in order of appearance