There is a newer version of the Illinois Compiled Statutes
2005 Illinois 625 ILCS 5/ Illinois Vehicle Code. Article II - Abandoned, Lost, Stolen Or Unclaimed Vehicles
(625 ILCS 5/4‑201) (from Ch. 95 1/2, par. 4‑201)
Sec. 4‑201.
Abandonment of vehicles prohibited.
(a) The abandonment of a
vehicle or any part thereof on any highway in this State is unlawful and
subject to penalties as set forth under Penalty Section 4‑214 of this Chapter.
(b) The abandonment of a vehicle or any part thereof on private or
public property, other than a highway, in view of the general public,
anywhere in this State is unlawful except on property of the owner or
bailee of such abandoned vehicle. A vehicle or any part thereof so
abandoned on private property shall be authorized for removal, by a law
enforcement agency having jurisdiction, after a waiting period of 7 days
or more, or may be removed immediately if determined to be a hazardous
dilapidated motor vehicle under Section 11‑40‑3.1 of the Illinois Municipal
Code. A violation of subsections (a) or (b) of this Section is subject to
penalties as set forth
under Section 4‑214 of this Chapter.
(c) A towing service may begin to process an unclaimed vehicle as
abandoned by requesting a record search by the Secretary of State up to 10 days
after the date of the tow, or any later date acceptable to the Secretary of
State. This subsection (c) shall not apply to
vehicles towed by order or authorization of a law enforcement agency.
(Source: P.A. 90‑330, eff. 8‑8‑97.)
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(625 ILCS 5/4‑202) (from Ch. 95 1/2, par. 4‑202)
Sec. 4‑202.
Abandoned, lost, stolen or unclaimed vehicle notification
to law enforcement agencies.
When an abandoned, lost, stolen or unclaimed vehicle comes into the
temporary possession or custody of a person in this State, not the owner
of the vehicle, such person shall immediately notify the municipal
police when the vehicle is within the corporate limits of any city,
village or town having a duly authorized police department, or the State
Police or the county sheriff when the vehicle is outside the corporate
limits of a city, village or town. Upon receipt of such notification,
the municipal police, State Police or county sheriff will authorize a
towing service to remove and take possession of the abandoned, lost,
stolen or unclaimed vehicle. The towing service will safely keep the
towed vehicle and its contents, maintain a record of the tow as set
forth in Section 4‑204 for law enforcement agencies, until the vehicle
is claimed by the owner or any other person legally entitled to
possession thereof or until it is disposed of as provided in this
Chapter.
(Source: P. A. 78‑858.)
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(2) the vehicle is owned by the person under arrest, | ||
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(e‑5) Whenever a registered owner of a vehicle is taken into custody for
operating the vehicle in violation of Section 11‑501 of this Code or a similar
provision of a local ordinance or Section 6‑303 of this Code, a
law enforcement officer
may have the vehicle immediately impounded for a period not less than:
(1) 24 hours for a second violation of Section 11‑501 | ||
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(2) 48 hours for a third violation of Section 11‑501 | ||
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The vehicle may be released sooner if the vehicle is owned by the person
under arrest and the person under arrest gives permission to another person to
operate the vehicle and that other person possesses a valid operator's license
and would not, as determined by the arresting law enforcement agency, indicate
a lack of ability to operate a motor vehicle in a safe manner or would
otherwise, by operating the motor vehicle, be in violation of this Code.
(f) Except as provided in Chapter 18a of this Code, the owner or
lessor of privately owned real property within this State, or any person
authorized by such owner or lessor, or any law enforcement agency in the
case of publicly owned real property may cause any motor vehicle abandoned
or left unattended upon such property without permission to be removed by a
towing service without liability for the costs of removal, transportation
or storage or damage caused by such removal, transportation or storage.
The towing or removal of any vehicle from private property without the
consent of the registered owner or other legally authorized person in
control of the vehicle is subject to compliance with the following
conditions and restrictions:
1. Any towed or removed vehicle must be stored at the | ||
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2. The towing service shall within 30 minutes of | ||
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3. If the registered owner or legally authorized | ||
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4. The rebate or payment of money or any other | ||
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5. Except for property appurtenant to and obviously a | ||
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a. Except as otherwise provided in subparagraph | ||
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a.1. In a municipality with a population of less | ||
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b. The notice must indicate clearly, in not less | ||
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c. The notice must also provide the name and | ||
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d. The sign structure containing the required | ||
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6. Any towing service that tows or removes vehicles | ||
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7. No person shall engage in the removal of vehicles | ||
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8. No removal of a vehicle from private property | ||
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9. Vehicle entry for the purpose of removal shall be | ||
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10. When a vehicle has been towed or removed pursuant | ||
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This Section shall not apply to law enforcement, firefighting, rescue,
ambulance, or other emergency vehicles which are marked as such or to
property owned by any governmental entity.
When an authorized person improperly causes a motor vehicle to be
removed, such person shall be liable to the owner or lessee of the vehicle
for the cost or removal, transportation and storage, any damages resulting
from the removal, transportation and storage, attorney's fee and court costs.
Any towing or storage charges accrued shall be payable by the use of any
major credit card, in addition to being payable in cash.
11. Towing companies shall also provide insurance | ||
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Any person who fails to comply with the conditions and restrictions of
this subsection shall be guilty of a Class C misdemeanor and shall be fined
not less than $100 nor more than $500.
(g) When a vehicle is determined to be a hazardous dilapidated
motor
vehicle pursuant to Section 11‑40‑3.1 of the Illinois Municipal Code, its
removal and impoundment by a towing service may be authorized by a law
enforcement agency with appropriate jurisdiction.
When a vehicle removal from either public or private property is
authorized by a law enforcement agency, the owner of the vehicle shall be
responsible for all towing and storage charges.
Vehicles removed from public or private property and
stored by a commercial vehicle relocator or any other towing service in
compliance with this Section and Sections 4‑201 and 4‑202
of this Code, or at the request of the vehicle owner or operator,
shall
be subject to a possessor lien for services
pursuant to the Labor and Storage Lien (Small Amount) Act. The provisions 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. In no event shall such lien
be greater than the rate or rates established in accordance with subsection
(6) of Section 18a‑200 of this 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 Act. Every such lien
shall be payable by use of any major credit card, in addition to being
payable in cash.
Any personal property belonging to the vehicle owner in a vehicle subject to a lien under this
subsection
(g) shall likewise be subject to that lien, excepting only:
food; medicine; perishable property; any operator's licenses; any cash, credit
cards, or checks or checkbooks; and any wallet, purse, or other property
containing any operator's license or other identifying documents or materials,
cash, credit cards, checks, or checkbooks.
No lien under this subsection (g) shall:
exceed $2,000 in its total amount; or
be increased or altered to reflect any charge for services or
materials rendered in addition to those authorized by this Act.
(Source: P.A. 94‑522, eff. 8‑10‑05; 94‑784, eff. 1‑1‑07.)
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(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 year and number and 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.)
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(625 ILCS 5/4‑205) (from Ch. 95 1/2, par. 4‑205)
Sec. 4‑205.
Record searches.
(a) When a law enforcement agency authorizing the impounding of a vehicle
does not know the identity of the registered owner, lienholder or other legally
entitled person, that law enforcement agency will cause the vehicle
registration records of the State of Illinois to be searched by the
Secretary of State for the purpose of obtaining the required ownership
information.
(b) The law enforcement agency authorizing the impounding of a vehicle
will cause the stolen motor vehicle files of the State Police to be
searched by a directed communication to the State Police for stolen or
wanted information on the vehicle. When the State Police files are
searched with negative results, the information contained in the
National Crime Information Center (NCIC) files will be searched by the
State Police. The information determined from these record searches will
be returned to the requesting law enforcement agency for that agency's
use in sending a notification by certified mail to the registered owner,
lienholder and other legally entitled persons advising where the vehicle
is held, requesting a disposition be made and setting forth public sale
information. Notification shall be sent no later than 10 business days after
the date the law enforcement agency impounds or authorizes the impounding of a
vehicle, provided that if the law enforcement agency is unable to determine the
identity of the registered owner, lienholder or other person legally entitled
to ownership of the impounded vehicle within a 10 business day period after
impoundment, then notification shall be sent no later than 2 days after the
date the identity of the registered owner, lienholder or other person legally
entitled to ownership of the impounded vehicle is determined. Exceptions to a
notification by certified mail to the registered owner, lienholder and other
legally entitled persons are set forth in Section 4‑209 of this Code.
(c) When ownership information is needed for a
towing service to give notification as required under this Code, the towing
service may cause the vehicle registration records of the State of Illinois to
be searched by the Secretary of State.
The written request of a towing service, in the form and
containing the information prescribed by the Secretary of State by rule, may be
transmitted to the Secretary of State in person, by U.S.
mail or other delivery service, by facsimile transmission, or by other
means the Secretary of State deems acceptable.
The Secretary of State shall provide the required information, or
a statement that the information was not found in the vehicle registration
records of the State, by U.S. mail or other delivery service, facsimile
transmission, as requested by the towing service, or by other means acceptable
to the Secretary of State.
(d) The Secretary of State may prescribe standards and procedures for
submission of requests for record searches and replies via computer link.
(e) Fees for services provided under this Section shall be in amounts
prescribed by the Secretary of State under Section 3‑821.1 of this Code.
Payment may be made by the towing service using cash, any commonly accepted
credit card, or any other means of payment deemed acceptable by the Secretary
of State.
(Source: P.A. 89‑179, eff. 1‑1‑96; 89‑433, eff. 12‑15‑95.)
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(625 ILCS 5/4‑206) (from Ch. 95 1/2, par. 4‑206)
Sec. 4‑206.
Identifying and tracing of vehicle ownership by Illinois
State Police.
When the registered owner, lienholder or other person legally entitled to the
possession of a vehicle cannot be identified from the registration files
of this State or from the registration files of a foreign state, if
applicable, the law enforcement agency having custody of the vehicle
shall notify the State Police, for the purpose of identifying the
vehicle owner or other person legally entitled to the possession of the
vehicle. The information obtained by the State Police will be
immediately forwarded to the law enforcement agency having custody of
the vehicle for notification purposes as set forth in Section
4‑205 of this Code.
(Source: P.A. 82‑363.)
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(625 ILCS 5/4‑207) (from Ch. 95 1/2, par. 4‑207)
Sec. 4‑207.
Reclaimed vehicles; expenses.
(a) Any time before a vehicle is sold at public sale or disposed of as
provided in Section 4‑208, the owner, lienholder or other person legally
entitled to its possession may reclaim the vehicle by presenting
to the law enforcement agency having custody of the vehicle proof of ownership
or proof of the right to possession of the vehicle.
(b) No vehicle shall be released to the owner, lienholder, or other person
under this Section until all towing, storage, and processing charges have been
paid.
(Source: P.A. 89‑433, eff. 12‑15‑95.)
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(625 ILCS 5/4‑209) (from Ch. 95 1/2, par. 4‑209)
Sec. 4‑209.
Disposal of unclaimed vehicles more than 7 years of age;
disposal of abandoned or unclaimed vehicles without notice.
(a) When the identity of the registered owner, lienholder, or
other legally entitled persons of an abandoned, lost, or unclaimed
vehicle of 7 years of age or newer cannot be determined by any means
provided for in this Chapter, the vehicle may be sold as provided in
Section 4‑208 without notice to any person whose identity cannot be determined.
(b) When an abandoned vehicle of more than 7 years of age is
impounded as specified by this Chapter, or when any such vehicle is towed at
the request or with the consent of the owner or operator and is subsequently
abandoned, it will be kept in custody or storage for a
minimum of 10 days for the purpose of determining the identity of the
registered owner, lienholder, or other legally entitled persons
and contacting the registered owner, lienholder, or other legally entitled
persons by the U. S. Mail, public service or
in person for a determination of disposition; and, an examination of the
State Police stolen vehicle files for theft and wanted information. At
the expiration of the 10 day period, without the benefit of disposition
information being received from the registered owner,
lienholder, or other legally entitled persons, the vehicle may be disposed of
in either of the following ways:
(1) The law enforcement agency having jurisdiction | ||
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(2) The towing service may sell the vehicle in the | ||
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(c) A vehicle classified as an antique vehicle, custom vehicle, or
street rod may however be sold
to a person desiring to restore it.
(Source: P.A. 92‑668, eff. 1‑1‑03.)
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(625 ILCS 5/4‑209.1) (from Ch. 95 1/2, par. 4‑209.1)
Sec. 4‑209.1.
Disposal of hazardous dilapidated motor vehicles.
Any
hazardous dilapidated motor vehicle impounded pursuant to the provisions of
this Article and Section 11‑40‑3.1 of the Illinois Municipal Code, whether
impounded at a public facility or on the property of private towing
service, shall be kept in custody for a period of 10 days for the purpose
of determining the identity of the registered owner or lienholder and
contacting such owner or lienholder, if known, by regular U.S. Mail. At
the expiration of the 10‑day period, without benefit of disposition
information being received from the registered owner or lienholder, the law
enforcement agency having jurisdiction will authorize the disposal of the
vehicle as junk.
(Source: P.A. 86‑460.)
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(625 ILCS 5/4‑209.2)
Sec. 4‑209.2.
Collection of unpaid charges.
In an action to collect
towing, storage, and processing charges that remain unpaid after disposition of
a vehicle towed or relocated under this Code, the towing service may recover
reasonable collection costs.
(Source: P.A. 89‑433, eff. 12‑15‑95.)
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(625 ILCS 5/4‑210) (from Ch. 95 1/2, par. 4‑210)
Sec. 4‑210.
Police reports after vehicle is reclaimed or disposed of.
When a vehicle in the custody of a law enforcement agency is reclaimed
by the registered owner, lienholder or other legally entitled person, or when the
vehicle is sold at public sale or otherwise disposed of as provided in this
Chapter, a report of the transaction will be maintained by that law
enforcement agency for a period of one year from the date of the sale or
disposal.
(Source: P.A. 82‑363.)
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(625 ILCS 5/4‑211) (from Ch. 95 1/2, par. 4‑211)
Sec. 4‑211.
Disposition of proceeds of sale of unclaimed vehicles.
(a) When a vehicle located within the corporate limits of a city,
village or town is authorized to be towed away by a law enforcement agency
having jurisdiction and disposed of as set forth in this Chapter, the
proceeds of the public sale or disposition after the deduction of towing,
storage and processing charges shall be deposited in the treasury of such
city, village or town.
(b) When a vehicle located outside the corporate limits of a city,
village or town is authorized to be towed away by a law enforcement agency
having jurisdiction and disposed of as set forth in this Chapter, the
proceeds of the public sale or disposition, after deducting towing, storage
and processing costs shall be deposited in the county treasury of the
county where the vehicle was located at the time of the tow.
(c) The provisions of this Section shall not apply to vehicles disposed
of or sold at public sale under subsection (k) of Section 4‑107 of this Code.
(Source: P.A. 83‑830.)
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(625 ILCS 5/4‑212) (from Ch. 95 1/2, par. 4‑212)
Sec. 4‑212.
Ownership documents for vehicles after public sale ‑ removal
of liens. When an applicant for a salvage certificate or junking
certificate under this Chapter presents
to the Secretary of State proof that he has purchased or acquired a vehicle
at a public sale as authorized by this Chapter and such fact is certified
to by the law enforcement agency having jurisdiction over the public sale
of a vehicle, the Secretary of State shall issue a salvage certificate or
junking certificate for the vehicle upon receipt of the statutory fee and a
properly executed application for a salvage certificate or junking
certificate. The salvage certificate or junking certificate issued by the
Secretary of State under this Section shall be free of any lien that
existed against the vehicle prior to the time the vehicle was acquired by
the applicant under this Chapter.
(Source: P.A. 85‑951.)
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(625 ILCS 5/4‑212.1) (from Ch. 95 1/2, par. 4‑212.1)
Sec. 4‑212.1.
In cities with more than 500,000 inhabitants, the
corporate authorities may, by ordinance, designate any department of
municipal government to do any of the following:
(1) To perform any of the duties and functions specified for law
enforcement agencies in subsection (a) of Section 4‑205 and in Sections
4‑201, 4‑203, 4‑204, 4‑206, 4‑207, 4‑208, 4‑209, 4‑210, 4‑211 and 4‑212; and
(2) To authorize a towing service to remove and take possession of
abandoned, lost, stolen or unclaimed vehicles, in the manner that municipal
police may make such authorization pursuant to Section 4‑202; and
(3) To send notifications as required under subsection (b) of Section 4‑205.
(Source: P.A. 86‑947.)
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(625 ILCS 5/4‑213) (from Ch. 95 1/2, par. 4‑213)
Sec. 4‑213.
Liability of law enforcement officers, agencies, and towing
services.
(a) A law enforcement officer or agency, a department of municipal
government designated under Section 4‑212.1 or its officers or
employees, or a towing service owner, operator, or
employee shall not be held to answer or be liable for damages in any action
brought by the registered owner, former registered owner, or his legal
representative, lienholder or any other person legally entitled to the
possession of a vehicle when the vehicle was processed and sold or disposed of
as provided by this Chapter.
(b) A towing service, and any of its officers or employees, that
removes or tows a vehicle as a result of being directed to do so by
a law enforcement officer or agency or a department of municipal government or
its officers or employees shall not be held to answer or be liable for injury
to, loss of, or damages to any real or personal property that occurs in the
course of the removal or towing of a vehicle or its contents on a limited
access highway in a designated Incident Management Program that uses fast lane
clearance techniques as defined by the Department of Transportation.
(Source: P.A. 89‑433, eff. 12‑15‑95.)
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(625 ILCS 5/4‑214) (from Ch. 95 1/2, par. 4‑214)
Sec. 4‑214.
Violations of Section 4‑201.
(a) Any person who violates Section 4‑201 of this Code or who
aids and abets in that violation:
(1) shall be subject to a mandatory fine of $200; and
(2) shall be required by the court to make a | ||
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(b) When a vehicle is abandoned, it shall be presumed that the last
registered owner is responsible for the abandonment and shall be liable for
all towing, storage, and processing charges and collection costs, less any
amounts realized in the disposal of the vehicle. The last registered owner's
liability for storage fees may not exceed a maximum of 30 days' storage fees.
The presumption established under this subsection may
be rebutted by a showing that, prior to the time of the tow:
(1) a report of vehicle theft was filed with respect | ||
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(2) the vehicle was sold or transferred and the last | ||
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If the presumption established under this subsection is rebutted, the person
responsible for theft of the vehicle or to whom the vehicle was sold or
transferred is liable for all towing, storage, and processing charges and
collection costs.
(Source: P.A. 89‑433, eff. 12‑15‑95.)
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(625 ILCS 5/4‑214.1)
Sec. 4‑214.1.
Failure to pay fines, charges, and costs on an abandoned
vehicle.
(a) Whenever any resident of this State fails to pay any fine, charge, or
cost imposed for a violation of Section 4‑201 of this Code, or a similar
provision of a local ordinance, the clerk may notify the Secretary of State, on
a report prescribed by the Secretary, and the Secretary shall prohibit the
renewal, reissue, or reinstatement of the resident's driving privileges until
the fine, charge, or cost has been paid in full. The clerk shall provide
notice to the owner, at the owner's last known address as shown on the court's
records, stating that the action will be effective on the 46th day following
the date of the above notice if payment is not received in full by the court of
venue.
(b) Following receipt of the report from the clerk, the Secretary of State
shall make the proper notation to the owner's file to prohibit the renewal,
reissue, or reinstatement of the owner's driving privileges. Except as provided
in subsection (d) of this Section, the notation shall not be removed from the
owner's record until the owner satisfies the outstanding fine, charge, or cost
and an appropriate notice on a form prescribed by the Secretary is received by
the Secretary from the court of venue, stating that the fine, charge, or cost
has been paid in full. Upon payment in full of a fine, charge, or court cost
which has previously been reported under this Section as unpaid, the clerk of
the court shall present the owner with a signed receipt containing the seal of
the court indicating that the fine, charge, or cost has been paid in full, and
shall forward immediately to the Secretary of State a notice stating that the
fine, charge, or cost has been paid in full.
(c) Notwithstanding the receipt of a report from the clerk as prescribed in
subsection (a), nothing in this Section is intended to place
any responsibility upon the Secretary of State to provide independent
notice to the owner of any potential action to disallow the
renewal, reissue, or reinstatement of the owner's driving privileges.
(d) The Secretary of State shall renew, reissue, or reinstate an owner's
driving privileges which were previously refused under this Section upon
presentation of an original receipt which is signed by the clerk of the court
and contains the seal of the court indicating that the fine, charge, or cost
has been paid in full. The Secretary of State shall retain the receipt for his
or her records.
(Source: P.A. 92‑654, eff. 1‑1‑03; 93‑86, eff. 1‑1‑04.)
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(625 ILCS 5/4‑215)
Sec. 4‑215.
Rebuilt vehicles; clean titles.
Persons licensed under
Section 5‑301 of this Code may obtain a certificate of title that does not bear
the notation "REBUILT" from a certificate of purchase when the damage to the
vehicle is 25% or less of its market value, there has been no structural damage
to the vehicle, there is no history of a salvage certificate, and the vehicle
has undergone a salvage inspection by the Secretary of State and a safety
inspection under Section 13‑101 of this Code. The application for a
certificate of title shall contain an affirmation under penalty for perjury
that the vehicle on the date of the application is not damaged in excess of 25%
of its market value, has no structural damage, and has no history of
salvage.
(Source: P.A. 89‑433, eff. 12‑15‑95.)
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