There is a newer version of the Illinois Compiled Statutes
2005 Illinois 625 ILCS 5/ Illinois Vehicle Code. Article III - Proof Of Financial Responsibility For The Future
(625 ILCS 5/7‑301) (from Ch. 95 1/2, par. 7‑301)
Sec. 7‑301.
Application of Article III.
The provisions of this Article
requiring the deposit of proof of financial responsibility for the future,
subject to certain exemptions, shall apply with respect to persons whose
driver's license or driving privileges have been revoked as provided by
this Code, or who have failed to pay judgments amounting to $500 or
more as defined in Section 7‑303.
(Source: P.A. 86‑549; 87‑829.)
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(625 ILCS 5/7‑302) (from Ch. 95 1/2, par. 7‑302)
Sec. 7‑302.
(Repealed).
(Source: P.A. 85‑1396. Repealed by P.A. 90‑89, eff. 1‑1‑98.)
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(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 and 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 such
person has failed for a period of 30 days to satisfy any final
judgment in amounts as hereinafter stated, and shall also suspend all
registration certificates, license plates and registration
stickers issued to the person named as
the judgment debtor in any such 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 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. 85‑321.)
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(625 ILCS 5/7‑304) (from Ch. 95 1/2, par. 7‑304)
Sec. 7‑304.
Proof required.
Upon the revocation of a driver's
license of any person as provided in Section 6‑113, 6‑205 or 6‑206, the
Secretary of State shall suspend any and all of the registration certificates,
license
plates and registration stickers issued for any
motor vehicle registered in the name of such person as owner except that
the Secretary shall not suspend such evidences of registration
in the event such owner has previously given or shall immediately give
the Secretary and thereafter maintain for a period of
3 years, proof of financial responsibility in the manner hereinafter
specified in this Article with respect to each and every motor vehicle owned
and registered by such person.
(Source: P.A. 83‑831.)
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(625 ILCS 5/7‑305) (from Ch. 95 1/2, par. 7‑305)
Sec. 7‑305.
Suspension until proof furnished.
The suspension of such
certificates
of registration, license plates and registration stickers
of such person as provided for in Section 7‑304 shall remain in
effect and the Secretary of State shall not issue to any such person any
new or renewal of driver's license and shall not register
or re‑register in the name of such person any motor vehicle until permitted
under this Article and not then unless and until said person
gives proof of his financial responsibility in the future, as defined in
this Code, such proof to be maintained by said person in
a manner satisfactory to the Secretary of State for a period of 3 years
after the date such proof is first filed.
(Source: P.A. 90‑89, eff. 1‑1‑98.)
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(625 ILCS 5/7‑306) (from Ch. 95 1/2, par. 7‑306)
Sec. 7‑306.
Action in respect to an unlicensed driver.
Whenever any person who is not a resident of this State has been
convicted of an offense which would require the revocation of the driver's
license of a resident, such nonresident shall not operate
any motor vehicle in this State nor shall any motor vehicle owned by such
nonresident be operated within this State by any person, and the
Secretary of State shall not issue to such nonresident
any driver's license and shall not register any motor vehicle
owned by such nonresident unless and until such nonresident shall
give proof of financial responsibility.
(Source: P.A. 83‑831.)
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(625 ILCS 5/7‑307) (from Ch. 95 1/2, par. 7‑307)
Sec. 7‑307.
Courts to report nonpayments of judgment.
The clerk of a court, or the judge of a court which has no clerk
shall forward to the Secretary of State, on a form prescribed by the
Secretary, a certified record of any judgment for damages, the rendering
and nonpayment of which judgment required the suspension of the driver's
license and registrations in the name of the judgment debtor hereunder,
such record to be forwarded to the Secretary of State upon request by the
plaintiff after the expiration of 30 days after such judgment has become
final and when such judgment has not been stayed or satisfied within the
amounts specified in this Article as shown by the records of the Court.
(Source: P.A. 86‑549.)
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(625 ILCS 5/7‑308) (from Ch. 95 1/2, par. 7‑308)
Sec. 7‑308.
Action in respect to nonresident for
nonpayment of judgment. (a) If a
person, whose failure to satisfy a judgment within
30 days after the same became final would
require a suspension or revocation hereunder in respect to a resident,
shall not be a resident of
this State, such nonresident shall not operate any
motor vehicle in this State, nor shall any motor vehicle owned by such
nonresident be operated in this State by any
person and the Secretary of State shall not issue to such nonresident
a driver's license and shall not register
any motor vehicle owned by such nonresident unless
and until such nonresident shall give proof of financial
responsibility and shall satisfy any such judgment as required with
respect to a resident of this State.
(b) The Secretary of State shall forward to the Motor Vehicle
Commissioner or state officer performing the functions of a Commissioner in
the state, foreign country, or province of the Dominion of Canada in which
a judgment debtor resides, a certified record of any unsatisfied judgment
rendered against such nonresident which requires suspension
of such nonresident's driving privileges in this State.
(Source: P.A. 83‑831.)
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(625 ILCS 5/7‑309) (from Ch. 95 1/2, par. 7‑309)
Sec. 7‑309.
Suspension to continue until judgments paid and proof given.
(a) The suspension of such driver's license, license plates
and registration stickers shall remain in effect and no other vehicle shall
be registered in the name of such judgment debtor, nor any new license issued
to such person (including any such person not previously licensed), unless
and until the Secretary of State receives authenticated documentation that
such judgment is satisfied, or dormant as provided for in Section 12‑108 of
the Code of Civil Procedure, as now or hereafter amended, or stayed by
court order, and the judgment debtor gives proof of financial
responsibility, as hereinafter provided. The Secretary of State may
terminate the suspension of such person's driver's license,
license plates
and registration stickers and no proof of financial responsibility shall be
required on any existing suspensions under this Article which are more than 20
years old.
(b) Whenever, after one judgment is satisfied and proof of financial
responsibility is given as herein required, another such judgment is
rendered against the judgment debtor for any motor vehicle accident
occurring prior to the date of the giving of said proof and such person
fails to satisfy the latter judgment within the amounts specified herein
within 30 days after the same becomes final, then the Secretary of State
shall again suspend the driver's license of such judgment debtor and shall
again suspend the registration of any vehicle registered in the name of
such judgment debtor as owner. Such driver's license and registration
shall not be renewed nor shall a driver's license and registration of any
vehicle be issued to such judgment debtor while such latter judgment
remains in effect and unsatisfied within the amount specified herein.
(Source: P.A. 90‑655, eff. 7‑30‑98.)
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(625 ILCS 5/7‑310) (from Ch. 95 1/2, par. 7‑310)
Sec. 7‑310. Petition for discharge filed in bankruptcy. A
petition for discharge filed in bankruptcy following the rendering of any judgment shall
relieve the judgment debtor from the requirements of this Chapter 7, except that the judgment debtor's drivers license shall remain suspended and may not be renewed, and the judgment debtor may not be issued a license or registration, until the judgment debtor gives proof of his or her financial responsibility in the future, as provided in Section 1‑164.5. The proof is to be maintained by the judgment debtor, in a manner satisfactory to the Secretary of State, for a period of 3 years after the date on which the proof is first filed.
A petition for discharge filed in bankruptcy of the owner
or lessee of a commercial vehicle by whom the judgment debtor is employed
at the time of the motor vehicle accident that gives rise to the
judgment
also shall relieve the judgment debtor so employed from any of the
requirements of this Chapter 7 if the discharge of the owner or lessee
follows the rendering of the judgment and if the judgment debtor
so employed
was operating the commercial vehicle in connection with his
regular employment or occupation at the time of the accident.
This amendatory
act of 1985 applies to all cases irrespective of whether the accident
giving rise to the suspension of license or registration occurred before,
on, or after its effective date.
(Source: P.A. 93‑982, eff. 1‑1‑05.)
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(625 ILCS 5/7‑311) (from Ch. 95 1/2, par. 7‑311)
Sec. 7‑311.
Payments sufficient to satisfy requirements.
(a) Judgments herein referred to arising out of motor vehicle accidents
occurring on or after January 1, 1956, shall for the purpose of this
Chapter be deemed satisfied:
1. When $20,000 has been credited upon any judgment or judgments
rendered in excess of that amount for bodily injury to or the death of
one person as the result of any one motor vehicle accident; or
2. When, subject to said limit of $20,000 as to any one person, the sum
of $40,000 has been credited upon any judgment or judgments rendered
in excess of that amount for bodily injury to or the death of more than
one person as the result of any one motor vehicle accident; or
3. When $15,000 has been credited upon any judgment or judgments,
rendered in excess of that amount for damages to property of others as a
result of any one motor vehicle accident.
(b) Credit for such amounts shall be deemed a satisfaction of any such
judgment or judgments in excess of said amounts only for the purposes of
this Chapter.
(c) Whenever payment has been made in settlement of any claim for bodily
injury, death or property damage arising from a motor vehicle accident
resulting in injury, death or property damage to two or more persons in
such accident, any such payment shall be credited in reduction of the
amounts provided for in this Section.
(Source: P.A. 85‑730.)
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(625 ILCS 5/7‑312) (from Ch. 95 1/2, par. 7‑312)
Sec. 7‑312.
Installment payment.
(a) A judgment debtor upon 5 days notice
to the judgment creditor may apply to the
trial court in which the judgment was entered for the privilege of paying
such judgment in installments and the court in its discretion and without
prejudice to any other judicial remedies which the judgment creditor may
have may so order, fixing the amounts and times of payment of the installments.
(b) The Secretary of State shall not suspend the driver's
license, registration or nonresident's operating privilege, and any suspended
driver's license or registration following nonpayment of a final judgment
shall be restored when the judgment debtor gives proof of financial responsibility
and when the judgment debtor obtains an order from the trial court permitting
the payment of such judgment in installments and while the payment of any
such installment is not in default.
(Source: P.A. 83‑1362.)
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(625 ILCS 5/7‑313) (from Ch. 95 1/2, par. 7‑313)
Sec. 7‑313.
Suspension required upon breach of agreement.
In the event
the judgment debtor fails to pay any installments as permitted by the order
of the court upon notice of such default, the Secretary of State,
upon receipt of a court order, shall
forthwith suspend the driver's license, registration certificate, license
plates, registration stickers or nonresident's operating privilege of the
judgment debtor until said judgment is satisfied as provided in Section 7‑311
or a second installment payment plan is accepted as provided in Section
7‑312.
(Source: P.A. 90‑774, eff. 8‑14‑98.)
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(625 ILCS 5/7‑314) (from Ch. 95 1/2, par. 7‑314)
Sec. 7‑314.
Alternate methods of giving proof.
Proof of financial responsibility
when required under this Article may be given by filing with the Secretary of State:
1. A certificate of insurance as provided in Section 7‑315 or Section
7‑316;.
2. A bond as provided in Section 7‑320; or
3. A deposit of securities as provided in Section 7‑323.
(Source: P.A. 83‑831.)
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(625 ILCS 5/7‑316) (from Ch. 95 1/2, par. 7‑316)
Sec. 7‑316.
Certificate furnished by nonresident
as proof. Any nonresident owner of a motor vehicle
not registered in this State may give proof of financial responsibility
by filing with the Secretary of State a certificate or certificates of an
insurance carrier authorized to transact business in the state or province
of the Dominion of Canada in
which the motor vehicle or motor vehicles described in such certificate
are registered, or if such nonresident does
not own a motor vehicle then in the state or province of the Dominion of
Canada in which the insured resides, and otherwise conforming to the provisions
of this Code, and the Secretary of State shall accept the same
if such carrier shall:
1. Execute a power of attorney authorizing the Secretary of State to accept
service on its behalf of notice of process in any action arising out
of a motor vehicle accident in this State;
2. Duly adopt a resolution which shall be binding upon it declaring that
its policies shall be deemed to be varied to comply with the laws of this
State relating to the terms of motor vehicle liability policies as required
by Section 7‑317; and
3. Agree to accept as final and binding any final judgment duly rendered
in any action arising out of a motor vehicle accident in any court of
competent jurisdiction in this State.
(Source: P.A. 83‑831.)
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(625 ILCS 5/7‑317) (from Ch. 95 1/2, par. 7‑317)
Sec. 7‑317.
"Motor vehicle liability policy" defined.
(a)
Certification. ‑A "motor vehicle liability policy", as that term is
used in this Act, means an "owner's policy" or an "operator's policy" of
liability insurance, certified as provided in Section 7‑315 or Section
7‑316 as proof of financial responsibility for the future, and issued,
except as otherwise provided in Section 7‑316, by an insurance carrier
duly authorized to transact business in this State, to or for the
benefit of the person named therein as insured.
(b) Owner's Policy. ‑‑Such owner's policy of liability insurance:
1. Shall designate by explicit description or by appropriate
reference, all motor vehicles with respect to which coverage is thereby
intended to be granted;
2. Shall insure the person named therein and any other person using
or responsible for the use of such motor vehicle or vehicles with the
express or implied permission of the insured;
3. Shall insure every named insured and any other person using or
responsible for the use of any motor vehicle owned by the named insured
and used by such other person with the express or implied permission of
the named insured on account of the maintenance, use or operation of any
motor vehicle owned by the named insured, within the continental limits
of the United States or the Dominion of Canada against loss from
liability imposed by law arising from such maintenance, use or
operation, to the extent and aggregate amount, exclusive of interest and
cost, with respect to each motor vehicle, of $20,000 for bodily injury
to or death of one person as a result of any one accident and, subject
to such limit as to one person, the amount of $40,000 for bodily injury
to or death of all persons as a result of any one accident and the
amount of $15,000 for damage to property of others as a result of any
one accident.
(c) Operator's Policy. ‑‑When an operator's policy is required, it
shall insure the person named therein as insured against the liability
imposed by law upon the insured for bodily injury to or death of any
person or damage to property to the amounts and limits above set forth
and growing out of the use or operation by the insured within the
continental limits of the United States or the Dominion of Canada of any
motor vehicle not owned by him.
(d) Required Statements in Policies. ‑‑Every motor vehicle liability
policy must specify the name and address of the insured, the coverage
afforded by the policy, the premium charged therefor, the policy period,
and the limits of liability, and shall contain an agreement that the
insurance thereunder is provided in accordance with the coverage defined
in this Act, as respects bodily injury and death or property damage or
both, and is subject to all the provisions of this Act.
(e) Policy Need Not Insure Workers' Compensation. ‑‑Any liability
policy or policies issued hereunder need not cover any liability of the
insured assumed by or imposed upon the insured under any workers'
compensation law nor any liability for damage to property in charge of
the insured or the insured's employees.
(f) Provisions Incorporated in Policy. ‑‑Every motor vehicle
liability policy is subject to the following provisions which need not
be contained therein:
1. The liability of the insurance carrier under any such policy
shall become absolute whenever loss or damage covered by the policy
occurs and the satisfaction by the insured of a final judgment for such
loss or damage shall not be a condition precedent to the right or
obligation of the carrier to make payment on account of such loss or
damage.
2. No such policy may be cancelled or annulled as respects any loss
or damage, by any agreement between the carrier and the insured after
the insured has become responsible for such loss or damage, and any such
cancellation or annulment shall be void.
3. The insurance carrier shall, however, have the right to settle
any claim covered by the policy, and if such settlement is made in good
faith, the amount thereof shall be deductible from the limits of
liability specified in the policy.
4. The policy, the written application therefor, if any, and any
rider or endorsement which shall not conflict with the provisions of
this Act shall constitute the entire contract between the parties.
(g) Excess or Additional Coverage. ‑‑Any motor vehicle liability
policy may, however, grant any lawful coverage in excess of or in
addition to the coverage herein specified or contain any agreements,
provisions, or stipulations not in conflict with the provisions of this
Act and not otherwise contrary to law.
(h) Reimbursement Provision Permitted. ‑‑The policy may provide that
the insured, or any other person covered by the policy shall reimburse
the insurance carrier for payment made on account of any loss or damage
claim or suit involving a breach of the terms, provisions or conditions
of the policy; and further, if the policy shall provide for limits in
excess of the limits specified in this Act, the insurance carrier may
plead against any plaintiff, with respect to the amount of such excess
limits of liability, any defense which it may be entitled to plead
against the insured.
(i) Proration of Insurance Permitted. ‑‑The policy may provide for
the pro‑rating of the insurance thereunder with other applicable valid
and collectible insurance.
(j) Binders. ‑‑Any binder pending the issuance of any policy, which
binder contains or by reference includes the provisions hereunder shall
be sufficient proof of ability to respond in damages.
(k) Copy of Policy to Be Filed with Department of
Insurance‑‑Approval. ‑‑A copy of the form of every motor vehicle
liability policy which is to be used to meet the requirements of this
Act must be filed, by the company offering such policy, with the
Department of Insurance, which shall approve or disapprove the policy
within 30 days of its filing. If the Department approves the policy in
writing within such 30 day period or fails to take action for 30 days,
the form of policy shall be deemed approved as filed. If within the 30
days the Department disapproves the form of policy filed upon the ground
that it does not comply with the requirements of this Act, the
Department shall give written notice of its decision and its reasons
therefor to the carrier and the policy shall not be accepted as proof of
financial responsibility under this Act.
(l) Insurance Carrier Required to File Certificate. ‑‑An insurance
carrier who has issued a motor vehicle liability policy or policies or
an operator's policy meeting the requirements of this Act shall, upon
the request of the insured therein, deliver to the insured for filing,
or at the request of the insured, shall file direct, with the Secretary
of State a certificate, as required by this Act, which shows that such
policy or policies have been issued. No insurance carrier may require
the payment of any extra fee or surcharge, in addition to the insurance
premium, for the execution, delivery or filing of such certificate.
(m) Proof When Made By Endorsement. ‑‑Any motor vehicle liability
policy which by endorsement contains the provisions required hereunder
shall be sufficient proof of ability to respond in damages.
(Source: P.A. 85‑730.)
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(625 ILCS 5/7‑319) (from Ch. 95 1/2, par. 7‑319)
Sec. 7‑319.
This Act Not to Affect Other Policies.
Sections 7‑301 through 7‑329, each inclusive, of this Act shall not be
held to apply to or affect bonds or policies of automobile insurance
against liability which may now or hereafter be required by any other
provision of this Act and such bonds or policies, if endorsed to conform to
the requirements of this Act, shall be accepted as proof of financial
responsibility when required under this Act. This Act shall not be held to
apply to or affect policies insuring solely the insured named in the policy
against liability resulting from the maintenance, operation or use by
persons in the insured's employ or in his behalf of motor vehicles not
owned by the insured.
(Source: P.A. 76‑1586.)
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(625 ILCS 5/7‑320) (from Ch. 95 1/2, par. 7‑320)
Sec. 7‑320.
Bond as Proof.
A person required to give proof of financial responsibility may file
with the Secretary of State a bond, executed by the person giving such
proof and by a surety company, duly authorized to transact business within
the State; or by the person, giving such proof and by 2 individual
sureties, each owning real estate within this State and having an equity
therein in the amount of such bond, which real estate shall be scheduled
therein.
1. The Secretary of State shall not accept any such real estate bond
unless it is first approved by a judge of a court.
2. The Secretary of State shall not accept any such bond unless it is
conditioned for payment in amounts and under the same circumstances as
would be required in a motor vehicle liability policy furnished by the
person giving such proof under this Act.
3. No such bond shall be cancelled unless 10 days' prior written
notice is given to the Secretary of State, but cancellation of such bond
shall not prevent recovery thereon with respect to any right or cause of
action arising prior to the date of cancellation.
4. The principal and sureties of every such real estate bond shall
execute and deliver an original and one copy of the bond and schedule and
in addition, when the real property or any part thereof, listed or
described in the schedule, shall lie in more than one county, then as many
extra copies as there are counties in which the real property, or any part
thereof, shall lie, to the judge to whom such bond is presented for
approval, who shall, if he approved the bond, endorse upon the original
and each copy of the bond the date of the approval thereof; and the clerk
of the court shall immediately file one of the copies with the recorder
in each county in which is situated any of the non‑registered real
property so scheduled.
5. If any of the lands so scheduled shall have been registered under "An
Act concerning land titles", approved May 1, 1897, as amended, the clerk
of the court in which the bond is approved shall immediately file with the
registrar of titles in and for each county in which any of the registered
land so scheduled is situated, a notice stating that such land has been so
scheduled, and the registrar shall thereupon enter a memorial of such fact
upon the record.
6. The clerk of the court in which the bond is approved shall endorse
upon the original of each such real estate bond approved the date upon
which he or she filed a copy of such bond with the recorder in each
county in which is situated any of the non‑registered real property so
scheduled or the notice with the registrar of titles in and for each
county in which any of the registered land scheduled is situated and shall
deliver such original bond to the principal thereon.
(Source: P.A. 83‑1362.)
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(625 ILCS 5/7‑321) (from Ch. 95 1/2, par. 7‑321)
Sec. 7‑321.
When Bond Shall Constitute a Lien.
Such bond shall constitute a lien upon the unregistered real estate
so scheduled of any surety from the time when a copy of such bond is
filed in the office of the recorder in and for the county in
which such non‑registered real property so scheduled is situated, and
such bond shall be a lien upon all registered real property listed or
described in the accompanying schedule from the time when notice, as
aforesaid, is filed in the office of the registrar of titles in and for
the county in which such registered real estate so scheduled is
situated. Such lien shall exist in favor of the People of the State of
Illinois for the use of any holder of a final judgment against the
principal on such bond upon a liability covered by the conditions of
such bond.
(Source: P.A. 83‑358.)
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(625 ILCS 5/7‑322) (from Ch. 95 1/2, par. 7‑322)
Sec. 7‑322.
Action on Bond.
If a judgment is rendered against the principal of any such surety or
real estate bond upon a liability covered by the conditions of such bond
and such judgment is not satisfied within thirty (30) days after it becomes
final, then the judgment creditor may, for his own use and benefit, and at
his sole expense, bring an action or actions in the name of the State
against the company or persons who executed such bond including an action
or proceeding to foreclose any lien that may exist upon the real estate of
a person who has executed such bond, which action shall be brought in like
manner and subject to all the provisions of law applicable to an action to
foreclose a mortgage upon real estate.
(Source: P.A. 76‑1586.)
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(625 ILCS 5/7‑323) (from Ch. 95 1/2, par. 7‑323)
Sec. 7‑323.
Money Or Securities As Proof.
A person may give proof of financial responsibility by delivering to the
Secretary of State a receipt of the State Treasurer showing the deposit
with said State Treasurer of money in amount or securities endorsed in
blank by the owner thereof and approved by said State Treasurer and of a
market value in a total amount as would be required for coverage in a motor
vehicle liability policy furnished by the person giving such proof under
this Act. Such securities shall be of the type which may legally be
purchased as investments of trust funds by trustees.
(Source: P.A. 76‑1586.)
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(625 ILCS 5/7‑324) (from Ch. 95 1/2, par. 7‑324)
Sec. 7‑324.
Application of Deposit.
All money or securities so deposited shall be subject to execution to
satisfy any judgment mentioned in this Act but shall not otherwise be
subject to attachment or execution. The State Treasurer shall not accept
any such deposit or issue a certificate therefor, and the Secretary of
State shall not accept such certificate unless accompanied by evidence that
there are no unsatisfied judgments against the depositor registered in the
county where the depositor resides.
(Source: P.A. 76‑1586.)
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(625 ILCS 5/7‑325) (from Ch. 95 1/2, par. 7‑325)
Sec. 7‑325.
Owner may give proof for others.
Whenever the Secretary of
State determines that any person required to give proof under this Article
by reason of a revocation is not the owner of a motor vehicle but
was, at the time of such conviction a driver in the employ of an owner of
a motor vehicle, or a member of the immediate family or household of the
owner of a motor vehicle, the Secretary of State shall accept proof of financial
responsibility given by such owner in lieu of proof given by such other
person so long as such other person is operating a motor vehicle for which
the owner has given proof as herein provided.
(Source: P.A. 83‑831.)
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(625 ILCS 5/7‑326) (from Ch. 95 1/2, par. 7‑326)
Sec. 7‑326.
Substitution of proof.
The Secretary of State shall cancel
any bond or return any certificate of insurance, or the Secretary of State
shall direct and the State Treasurer shall return any money or securities
to the person entitled thereto, upon the substitution and acceptance of
other adequate proof of financial responsibility pursuant to this Article.
(Source: P.A. 83‑831.)
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(625 ILCS 5/7‑327) (from Ch. 95 1/2, par. 7‑327)
Sec. 7‑327.
Other proof may be required.
Whenever any evidence of proof
of ability to respond in damages filed under the provisions of this Article
no longer fulfills the purpose for which
required, the Secretary of State shall, for the purposes of this Chapter,
require other evidence of ability to respond in damages as required
by this Article, and the driver's license, registration
certificates, license plates and registration stickers involved shall be
suspended by the Secretary of State pending such proof.
(Source: P.A. 83‑831.)
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(625 ILCS 5/7‑328) (from Ch. 95 1/2, par. 7‑328)
Sec. 7‑328.
Duration of proof ‑ When proof may be canceled or returned.
The Secretary of State shall upon request cancel any bond or return any
certificate of insurance, or the Secretary of State shall direct and the
State Treasurer shall return to the person entitled thereto any money or
securities, deposited pursuant to this Chapter as proof of financial
responsibility or waive the requirements of filing proof of financial
responsibility in any of the following events:
1. In the event of the death of the person on whose behalf such proof
was filed, or the permanent incapacity of such person to operate a motor
vehicle;
2. In the event the person who has given proof of financial
responsibility surrenders such person's driver's
license, registration
certificates, license plates and registration stickers, but the Secretary
of State shall not release such proof in the event any action for damages
upon a liability referred to in this Article is then pending
or any judgment upon any such liability is then outstanding and unsatisfied
or in the event the Secretary of State has received notice that such person
has, within the period of 3 months immediately preceding,
been involved as a driver in any motor vehicle accident. An affidavit of
the applicant of the nonexistence of such facts shall
be sufficient evidence thereof in the absence of evidence to the contrary
in the records of the Secretary of State. Any person who has
not completed the required 3 year period of proof of financial
responsibility pursuant to Section 7‑304, and to whom proof
has been surrendered as provided in this paragraph applies for a driver's
license or the
registration of a motor vehicle shall have the application denied
unless the applicant re‑establishes
such proof for the remainder of such period.
3. In the event that proof of financial responsibility has been
deposited voluntarily, at any time upon request of the person entitled
thereto, provided that the person on whose behalf such proof was given has
not, during the period between the date of the original deposit thereof and
the date of such request, been convicted of any offense for which
revocation is mandatory as provided in Section 6‑205; provided, further,
that no action for damages is pending against such person on whose behalf
such proof of financial responsibility was furnished and no judgment
against such person is outstanding and unsatisfied in respect to bodily
injury, or in respect to damage to property resulting from the ownership,
maintenance, use or operation hereafter of a motor vehicle. An affidavit
of the applicant under this Section shall be sufficient evidence of the facts
in the absence of evidence to the contrary in the records of the Secretary
of State.
(Source: P.A. 85‑321.)
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(625 ILCS 5/7‑329) (from Ch. 95 1/2, par. 7‑329)
Sec. 7‑329.
Proof of financial responsibility made voluntarily.
1. Proof of financial responsibility may be voluntarily by or on behalf
of any person. The privilege of operation of any motor vehicle within this
State by such person shall not be suspended or withdrawn under the
provisions of this Article if such proof of financial responsibility
has been voluntarily filed or deposited prior to the offense or accident
out of which any conviction, judgment, or order arises and if such proof, at the
date of such conviction, judgment, or order, is valid and sufficient for
the requirements of this Code.
2. If the Secretary of State receives record of any conviction or
judgment against such person which, in the absence of such proof of
financial responsibility would have caused the suspension of the driver's
license of such person, the Secretary of State shall forthwith
notify the insurer or surety of such person of the conviction or judgment so reported.
(Source: P.A. 83‑831.)
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