There is a newer version of the Illinois Compiled Statutes
2005 Illinois 625 ILCS 5/ Illinois Vehicle Code. Chapter 7 - Illinois Safety And Family Financial Responsibility Law
(625 ILCS 5/7‑100) (from Ch. 95 1/2, par. 7‑100)
Sec. 7‑100.
Definition of words and phrases.
Notwithstanding the definitions
set forth in Chapter 1, for the purposes of this Chapter,
the following words shall have the following meanings ascribed to them:
Administrator. The Department of Transportation.
Arrearage. The total amount of unpaid support obligations.
Authenticated document. A document from a court which contains a court
stamp, showing it is filed with the court, or notarized, or is certified by
the custodian of the original.
Compliance with a court order of support. The support
obligor is no more than an amount equal to 90 days obligation in arrears in
making payments in full for current support, or in making periodic payments on
a support arrearage as determined by a court.
Court order of support. A judgment order for the
support of dependent children issued by a court of this State, including
a judgment of dissolution of marriage.
Driver's license. A license or permit to operate a motor vehicle in the
State, including the privilege of a person to drive a motor vehicle whether or
not the person holds a valid license or permit.
Family financial responsibility driving permit. A permit granting
limited driving privileges for employment or medical purposes
following a suspension of driving privileges under the Family
Financial Responsibility Law. This permit is valid only after the
entry of a court order granting the permit and issuance of the
permit by the Secretary of State's Office. An individual's driving
privileges must be valid except for the family financial
responsibility suspension in order for this permit to be issued.
In order to be valid, the permit must be in the immediate
possession of the driver to whom it is issued.
Judgment. 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 of any motor vehicle.
Obligor. The individual who owes a duty to make payments under a court
order of support.
Obligee. The individual or other legal entity to whom a duty of support is
owed through a court order of support or the individual's
legal
representatives.
(Source: P.A. 89‑92, eff. 7‑1‑96; 90‑89, eff. 1‑1‑98.)
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(625 ILCS 5/7‑101) (from Ch. 95 1/2, par. 7‑101)
Sec. 7‑101.
Administration of Illinois Safety and Family Financial
Responsibility Law. The Secretary of State and the Department, within the scope
of their respective duties and powers under this Code, shall administer and
enforce this Chapter and may make rules and regulations necessary for its
administration and shall provide for hearings upon request of persons aggrieved
by orders or acts of the Secretary of State, and the Department under this
Section. However, the Secretary of State and the clerks of the circuit courts,
within the scope of their respective duties and powers under this Code, shall
administer and enforce Article VII of this Chapter.
(Source: P.A. 89‑92, eff. 7‑1‑96.)
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(625 ILCS 5/7‑102) (from Ch. 95 1/2, par. 7‑102)
Sec. 7‑102.
Court Review.
The provisions of the Administrative Review Law,
and all amendments and modifications thereof, and the rules adopted
pursuant thereto, shall apply to and govern all proceedings for the
judicial review of final administrative decisions of the Administrator or
the Secretary of State hereunder.
(Source: P.A. 90‑89, eff. 1‑1‑98.)
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(625 ILCS 5/7‑201) (from Ch. 95 1/2, par. 7‑201)
Sec. 7‑201.
Application of Article II.
The Administrator as soon as practicable after the receipt of the
report, required to be filed under Sections 11‑406 and 11‑410, of a motor
vehicle accident occurring within this State and that has resulted in
bodily injury or death of any person or that damage to the property of
any one person in excess of $500 was sustained, shall determine:
1. Whether Section 7‑202 of this Code requires the | ||
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2. What amount of security shall be sufficient to | ||
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(Source: P.A. 87‑829.)
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(625 ILCS 5/7‑201.1) (from Ch. 95 1/2, par. 7‑201.1)
Sec. 7‑201.1.
If the Administrator has not received a report required
to be filed under Sections 11‑406 and 11‑410, or if the information
contained in a report is insufficient, the Administrator shall send to the
person required to file the report a written request for the missing report
or the missing information. The Administrator shall send such request no
later than 45 days after the accident or 7 days after receiving information
that such accident has occurred, whichever is later.
If the request is sent to a driver involved in an accident, the request
or an attachment thereto shall contain in bold print a warning that failure
to comply with the request within 15 days may result in the suspension of
the driver's license.
(Source: P.A. 84‑797.)
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(625 ILCS 5/7‑201.2) (from Ch. 95 1/2, par. 7‑201.2)
Sec. 7‑201.2.
The Administrator, within 30 days after compiling
sufficient information on a motor vehicle accident, shall certify to the
Secretary of State the name of each owner and the name of each operator of
any vehicle involved in the accident, his determination that security is
required under this Code, and the amount of the security. The
Administrator also shall supply to the Secretary of State a copy of any
accident report requested by the Secretary.
The Administrator shall send a copy of the certification to each person
whose name is certified. The copy, or an attachment thereto, shall contain
in bold print an explanation that, because the person did not furnish the
Department of Transportation with evidence that he or she is insured or
otherwise able to pay for damages resulting from the accident, the person's
name has been forwarded to the Secretary of State for possible suspension
of his or her driver's license.
(Source: P.A. 84‑797.)
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(625 ILCS 5/7‑201.3) (from Ch. 95 1/2, par. 7‑201.3)
Sec. 7‑201.3.
Administrator to itemize potential claims.
The
Administrator shall send by mail to the person required to deposit
security an itemization of each potential claim of personal injury or
property damage and the name and address of each potential claimant within
the knowledge of the Administrator and upon which the determination of the
amount of security is based.
(Source: P.A. 84‑797.)
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(625 ILCS 5/7‑202) (from Ch. 95 1/2, par. 7‑202)
Sec. 7‑202.
Exceptions to requirements of security.
(a) The requirements
as to security and suspension as provided by Sections 7‑201 and 7‑205 shall not apply:
1. To the driver or owner if such owner had in effect at the time of such
motor vehicle accident a liability policy covering such driver and owner
with respect to the vehicle involved in such motor vehicle
accident;
2. To the driver, if not the owner of such vehicle, if there
was in effect at the time of such motor vehicle accident a liability policy
or bond with respect to the operation of motor vehicles not owned by the driver;
3. To the driver or owner if the liability of such driver or owner for
damages resulting from such motor vehicle accident is covered by any other
form of liability insurance policy or bond;
4. To the driver or owner, if such owner is qualified as a
self‑insurer as provided in Section 7‑502;
5. To the owner if such owner at the time of such motor vehicle accident
was in compliance with Section 8‑101 or Section 9‑101;
6. To the driver or owner if such owner at the time of such motor vehicle
accident was in compliance with the Federal Revised Interstate Commerce Act
(P.L. 95‑473), as now or hereafter amended;
7. To the owner if the vehicle involved in such motor vehicle accident
was owned by the United States, this State or any political sub‑division of
this State, any municipality therein, or any local Mass Transit District;
8. To the driver or the owner of a vehicle involved in a motor vehicle
accident wherein no injury or damage was caused to the person or
property of any one other than such driver or owner;
9. To the driver or the owner of a vehicle which at the time of the motor
vehicle accident was parked, unless such vehicle was parked at a place where
parking was at the time of the accident prohibited under any applicable
law or ordinance;
10. To the owner of a vehicle if at the time of the motor vehicle accident
the vehicle was being operated without his permission, express or implied,
or was parked by a person who had been operating such motor
vehicle without such permission;
11. To the driver, if not the owner, of a commercial motor vehicle on
which there was no liability policy or bond with respect to the
operation of such vehicle in effect at the time of the motor vehicle accident
when the driver was operating the vehicle in
the course of the driver's employment and had
no actual knowledge of such lack of a liability policy or bond prior to
the motor vehicle accident.
(b) If at the time of the motor vehicle accident, an owner or
driver is covered by a motor vehicle liability policy or bond meeting the
requirements of this Code, such owner or driver shall be exempt
from suspension under Section 7‑205 as to that motor vehicle accident,
if the company issuing the policy or bond has failed, and such policy or
bond was not effective at the time of the motor vehicle accident or
any time thereafter, provided, that the owner or driver had no knowledge
of the company's failure prior to the motor vehicle accident, and such
owner or driver has secured within 30 days after learning of such failure
another liability policy or bond meeting the requirements of the Code relating
to future occurrences or motor vehicle accidents.
As used in this paragraph, the words "failed" or "failure"
mean that the company has suspended operations by order of a court.
(Source: P.A. 85‑293.)
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(625 ILCS 5/7‑203) (from Ch. 95 1/2, par. 7‑203)
Sec. 7‑203.
Requirements as to policy or bond.
No such policy or bond referred to in Section 7‑202 shall
be effective under this Section unless issued by an insurance company or
surety company authorized to do business in this State, except that if
such motor vehicle was not registered in this State, or was a motor
vehicle which was registered elsewhere than in this State at the
effective date of the policy or bond, or the most recent renewal
thereof, such policy or bond shall not be effective under this Section
unless the insurance company or surety company, if not authorized to do
business in this State, shall execute a power of attorney authorizing
the Secretary of State to accept service on its behalf of notice or
process in any action upon such policy or bond arising out of such
motor vehicle accident. However, every such policy or bond is subject, if
the motor vehicle accident has resulted in bodily injury or death, to
a limit, exclusive of interest and costs, of not less than $20,000 because of
bodily injury to or death of any one person in any one motor vehicle
accident and, subject to said limit for one person, to a limit of not less than
$40,000 because of bodily injury to or death of 2 or more persons
in any one motor vehicle accident, and, if the motor vehicle accident
has resulted in injury to or destruction of property, to a limit of not
less than $15,000 because of injury to or destruction of
property of others
in any one motor vehicle accident.
Upon receipt of a written motor vehicle accident
report from the Administrator the insurance company or surety company
named in such notice shall notify the Administrator within such time and
in such manner as the Administrator may require, in case such policy or
bond was not in effect at the time of such motor vehicle accident.
(Source: P.A. 85‑730.)
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(625 ILCS 5/7‑204) (from Ch. 95 1/2, par. 7‑204)
Sec. 7‑204.
Form and amount of security ‑ Definition.
(A) Any security required to be deposited under this Act shall be in
the form as the Secretary of State may require by administrative rule, and
in the amounts as the
Administrator may determine to be sufficient to satisfy any judgment or
judgments for damages against an operator or owner but in no case in excess
of the limits specified in Section 7‑203 of this Act in reference to the
acceptable limits of a policy or bond nor for an amount less than $500.
(B) The person depositing security shall specify in writing the person
or persons on whose behalf the deposit is made and, while at any time the
deposit is in the custody of the Secretary of State or State Treasurer, the
person depositing it may, in writing, amend the specification of the person
or persons on whose behalf the deposit is made to include an additional
person or persons; provided, however, that a single deposit of security
shall be applicable only on behalf of persons, required to furnish security
because of the same accident.
(C) Within 10 days after any security required under the provisions of
this Article is deposited with the Secretary of State, the Secretary shall
send notice of the security deposit to the following, if known:
1. To each owner and operator of any vehicle | ||
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2. To any person who sustained damage to personal or | ||
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3. To any person who was injured as a result of the | ||
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4. To the estate of any person killed as a result of | ||
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(Source: P.A. 87‑829.)
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(625 ILCS 5/7‑205) (from Ch. 95 1/2, par. 7‑205)
Sec. 7‑205.
Failure to deposit security ‑ Hearings and suspensions.
The Secretary of State, within 15 days after receipt of the
determination of the Administrator that a deposit of security is required
under this Code, shall review all reports, documents and
other pertinent evidence in his possession, and make a preliminary finding
as to whether or not there is a reasonable possibility of a civil
judgment being entered in a court of proper jurisdiction against the
person so certified by the Administrator under this Code.
(a) Upon a preliminary finding that there is such a reasonable
possibility, the Secretary of State shall notify such person by mail that his driving
privileges, driver's license or registration will be suspended
45 days after the date of the mailing of the notice unless the person can
prove to the satisfaction of the Secretary of State that he has deposited
or has had deposited and filed on his behalf the security required under
this Code or, within 15 days of the mailing of such
notice, requests
a formal hearing to determine whether his driving privileges, driver's license
or registration should be suspended or whether the Secretary should enter
an order of exoneration, and that such hearing shall be scheduled within
45 days after the mailing of such notice in accordance with the rules and
regulations of the Secretary of State.
(b) Upon a preliminary finding that there is not such a reasonable
possibility, the Secretary of State may elect to take
no further action.
(c) In the event an order of suspension so entered applies to a nonresident
owner or driver, then the
privilege of driving or using a motor vehicle within the territorial limits
of this State shall be so suspended.
(Source: P.A. 84‑797.)
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(625 ILCS 5/7‑206) (from Ch. 95 1/2, par. 7‑206)
Sec. 7‑206.
Release from liability.
(a) A person shall be
relieved from the requirement for deposit of security required by Section
7‑201 in the event there shall be filed with the Secretary
of State satisfactory evidence that the person
who would otherwise be required to deposit security has been released from liability.
(b) A covenant not to sue shall relieve the parties thereto
as to each other from the security requirements of this Article.
(Source: P.A. 83‑831.)
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(625 ILCS 5/7‑207) (from Ch. 95 1/2, par. 7‑207)
Sec. 7‑207.
Adjudication of non‑liability.
A person shall be relieved from the requirement for deposit of security,
required by Section 7‑201 of this Act, in the event there shall be filed
with the Secretary of State evidence satisfactory of a final adjudication
of non‑liability.
(Source: P. A. 77‑327.)
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(625 ILCS 5/7‑208) (from Ch. 95 1/2, par. 7‑208)
Sec. 7‑208.
Agreements for payment of damages.
(a) Any 2
or more of the persons involved in
a motor vehicle accident subject
to the provisions of Section 7‑201 or their authorized representatives,
may at any time enter into a
written agreement for the payment of an agreed amount in installments, with
respect to all claims for injuries or damages resulting from the motor
vehicle accident.
(b) The Secretary of State, to the extent provided by any
such written agreement properly filed with him, shall not require the
deposit of security and shall terminate any prior order of suspension, or,
if security has
previously been deposited, the Secretary of State shall immediately return
such security to the depositor or an appropriate personal representative.
(c) In the event of a default in any payment under such agreement
and upon notice of such default the Secretary of State shall forthwith suspend
the driver's license and registration, or nonresident's
operating privileges, of such person in default which shall not be restored
unless and until:
1. Such person deposits and thereafter maintains | ||
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2. Two years have elapsed since the acceptance of | ||
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3. The person enters into a second written agreement | ||
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(Source: P.A. 90‑774, eff. 8‑14‑98.)
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(625 ILCS 5/7‑209) (from Ch. 95 1/2, par. 7‑209)
Sec. 7‑209.
Payment upon judgment.
The payment of a judgment arising out
of a motor vehicle accident or the payment upon such judgment
of an amount equal to the maximum amount which could be required for deposit
under this Article shall for the purposes of this Code be
deemed satisfied.
(Source: P.A. 83‑831.)
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(625 ILCS 5/7‑210) (from Ch. 95 1/2, par. 7‑210)
Sec. 7‑210.
Termination of Security Requirement.
The Secretary of State, if satisfied as to the existence of any fact
which under Sections 7‑206, 7‑207, 7‑208, or 7‑209 would entitle a person
to be relieved from the security requirements of this Article, shall not
require the deposit of security by the person so relieved from such
requirement and shall terminate any prior order of suspension in respect to
such person, or if security has previously been deposited by such person,
the Secretary of State shall immediately return such deposit to such
person.
(Source: P.A. 76‑1586.)
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(625 ILCS 5/7‑211) (from Ch. 95 1/2, par. 7‑211)
Sec. 7‑211.
Duration of suspension.
(a) Unless a suspension is terminated
under other provisions of this Code, the driver's license or registration
and nonresident's operating privilege suspended as provided in Section
7‑205 shall remain suspended and shall not be renewed nor shall any
license or registration be issued to the person until:
1. The person deposits or there shall be deposited | ||
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2. Two years have elapsed following the date the | ||
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3. Receipt of proper notice that the person has | ||
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4. After the expiration of 5 years from the date of | ||
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An affidavit that no action at law for damages arising
out of the motor vehicle accident has been filed against the applicant,
or if filed that it is not still pending shall be prima facie evidence
of that fact. The Secretary of State may take whatever steps are necessary
to verify the statement set forth in the applicant's affidavit.
(b) The driver's license or registration and nonresident's operating
privileges suspended as provided in Section 7‑205 shall also remain suspended
and shall not be renewed nor shall any license or registration be issued to the
person until the person 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
person in a manner satisfactory to the Secretary of State for a period of 3
years after the date the proof is first filed.
(Source: P.A. 90‑264, eff. 1‑1‑98; 91‑80, eff. 7‑9‑99.)
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(625 ILCS 5/7‑212) (from Ch. 95 1/2, par. 7‑212)
Sec. 7‑212.
Authority of Administrator and Secretary of State to decrease
amount of
security. The Administrator may reduce the amount of security ordered in any
case
within one year after the date of the accident, but in no event for an
amount less than $500, if, in the judgment of the Administrator the amount
ordered is excessive, or may revoke or rescind its order requiring the
deposit of security in any case within one year after the date of the
accident if, in the judgment of the Administrator, the provisions of
Sections 7‑202 and 7‑203 excuse or exempt the operator or owner from the
requirement of the deposit. In case the security originally ordered has
been deposited the excess of the reduced amount ordered shall be returned
to the depositor or his personal representative forthwith, notwithstanding
the provisions of Section 7‑214. The Secretary of State likewise shall have
authority granted to the Administrator to reduce the amount of security
ordered by the Administrator.
(Source: P.A. 87‑829.)
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(625 ILCS 5/7‑213) (from Ch. 95 1/2, par. 7‑213)
Sec. 7‑213.
Custody of security.
Security deposited in compliance with
the requirements of this Article shall be placed by the Secretary
of State in the custody of the State Treasurer.
(Source: P.A. 83‑831.)
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(625 ILCS 5/7‑214) (from Ch. 95 1/2, par. 7‑214)
Sec. 7‑214.
Disposition of Security.
Such security shall be applicable only to the payment of a judgment or
judgments, rendered against the person or persons on whose behalf the
deposit was made, for damages arising out of the accident in question, in
an action at law, begun not later than two years after the later of
(i)
the date the driver's license and registration were suspended
following the accident
or (ii) the
date of any default in any payment under an installment agreement for payment
of damages, and such deposit or any balance thereof shall be returned to the
depositor or his personal representative when evidence satisfactory to the
Secretary of State has been filed with him:
1. that there has been a release from liability, or a final adjudication
of non‑liability; or
2. a duly acknowledged written agreement in accordance with Section
7‑208 of this Act; or
3. whenever after the expiration of two years after
the later of
(i) the date
the driver's license and registration were suspended
following the accident
or (ii) the date of
any default in any payment under an installment agreement for payment of
damages, the Secretary of State shall be given reasonable evidence that
there is no such action pending and no judgment rendered in such action
left unpaid.
(Source: P.A. 90‑774, eff. 8‑14‑98.)
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(625 ILCS 5/7‑215) (from Ch. 95 1/2, par. 7‑215)
Sec. 7‑215.
Matters not to be evidence in civil suits.
Any action taken pursuant to this Chapter, or the Rules and
Regulations adopted hereunder, or findings of the Administrator or the Secretary
of State upon which such action is based, or the security filed as provided in
this Article shall not be referred to in any way, nor shall
it be any evidence of the negligence or due care of either party, at the
trial of any civil action to recover damages.
(Source: P.A. 83‑831.)
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(625 ILCS 5/7‑216) (from Ch. 95 1/2, par. 7‑216)
Sec. 7‑216.
Reciprocity ‑ Residents and nonresidents
‑ Licensing of nonresidents. (a) When
a nonresident's operating privilege is suspended
pursuant to Section 7‑205 the Secretary of State shall transmit a certified
copy of the record of such action to the official in charge of the issuance
of driver's license and registration certificates in the state in which
such nonresident resides, if the law of such other
state provides for action in relation thereto similar to that provided for
in paragraph (b).
(b) Upon receipt of such certification that the operating
privilege of a resident of this State has been suspended or revoked in any such other
state pursuant to a law providing for its suspension or revocation for
failure to deposit security for the payment of judgments arising out of a
motor vehicle accident, or for failure to deposit security under
circumstances which would require the Secretary of State to suspend a
nonresident's operating privilege had the motor
vehicle accident occurred in this State, the Secretary of State shall
suspend the driver's license of such resident and all other registrations.
Such suspension shall continue until such resident
furnishes evidence of compliance with the law of such other state
relating to the deposit of such security.
(c) In case the operator or the owner of a motor vehicle involved
in a motor vehicle accident within this State has no driver's
license or registration, such operator shall not be allowed a
driver's license or registration until the operator has complied
with the requirements of Sections 7‑201 thru 7‑216 to the same extent that would be
necessary if, at the time of the motor vehicle accident, such operator
had held a license and registration.
(Source: P.A. 83‑831.)
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(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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(625 ILCS 5/7‑401) (from Ch. 95 1/2, par. 7‑401)
Sec. 7‑401.
Transfer of registration to defeat purposes of act prohibited.
(a) If an owner's registration has been suspended hereunder, such
registration shall not be transferred nor the vehicle in respect to which
such registration was issued be registered in any other name until the
Secretary of State is satisfied that such transfer of registration is
proposed in good faith and not for the purpose or with the effect of
defeating the purposes of this act.
(b) Nothing in this section shall in any wise affect the rights of any
conditional vendor, chattel mortgagee or lessor of such a vehicle
registered in the name of another as owner who becomes subject to the
provisions of this act.
(c) The Secretary of State shall suspend the registration of any vehicle
transferred in violation of the provisions of this section.
(Source: P.A. 76‑1586.)
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(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 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.)
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(625 ILCS 5/7‑403) (from Ch. 95 1/2, par. 7‑403)
Sec. 7‑403.
Forged Proof.
Any person who shall forge, or, without authority, sign any evidence of
proof of financial responsibility for the future, or who files or offers
for filing any such evidence of proof knowing or having reason to believe
that it is forged or signed without authority, shall be guilty of a Class A
misdemeanor.
(Source: P. A. 77‑2720.)
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(625 ILCS 5/7‑501) (from Ch. 95 1/2, par. 7‑501)
Sec. 7‑501.
Assigned Risk Plans.
If, on or before January 1, 1946, every
insurance carrier authorized to write automobile bodily injury liability
insurance in this State shall not subscribe to an assigned risk plan approved
by the Director of Insurance, providing that no carrier may withdraw therefrom
after approval of the Director, the Director of Insurance shall, when he finds
that an application for bodily injury or property damage insurance by a risk,
which may become subject to this Act or is a local public entity subject to
the Local Governmental and Governmental Employees Tort Immunity Act, and
in good faith is entitled to such insurance, has been rejected by 3 insurance
carriers, designate an insurance carrier which shall be obligated to issue
forthwith its usual form of policy providing such insurance for such risk.
The Director shall make equitable distribution of such assignments among
insurance carriers proportionate, so far as practicable, by
premiums to the respective net direct automobile bodily injury premium
writings of the carriers authorized to do business in this State. The
Director of Insurance shall establish rules and regulations for the
administration of the provisions of this Section.
If any carrier refuses or neglects to comply with the provisions of
this Section or with any lawful order or ruling made by the Director of
Insurance pursuant to this Section, the Director may, after notice and
hearing, suspend the license of such carrier to transact any insurance
business in this State until such carrier shall have complied with such
order. The provisions of the Administrative Review Law, and all amendments
and modifications thereof, and the rules adopted pursuant thereto, shall apply
to and govern all proceedings for the judicial review of final administrative
decisions of the Director of Insurance hereunder.
(Source: P.A. 92‑651, eff. 7‑11‑02.)
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(625 ILCS 5/7‑502) (from Ch. 95 1/2, par. 7‑502)
Sec. 7‑502.
Self‑insurers.
Any person in whose name more than 25 motor vehicles are registered may
qualify as a self‑insurer by obtaining a certificate of self‑insurance
issued by the Director of the Department of Insurance as provided in this Section.
The Director may, in his discretion, upon the application of
such a person, issue a certificate of self‑insurance when he is satisfied
that such person is possessed and will continue to be possessed of ability
to pay judgment obtained against such person.
Upon not less than 5 days' notice, and a hearing pursuant to such
notice, the Director may upon reasonable grounds cancel a
certificate of self‑insurance. Failure to pay any judgment against any
person covered by such certificate of self‑insurance and arising out of any
accident in which a motor vehicle covered by such certificate of
self‑insurance has been involved within 30 days after such judgment shall
have become final shall constitute a reasonable ground for the cancellation
of a certificate of self‑insurance.
(Source: P.A. 82‑138.)
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(625 ILCS 5/7‑504)
Sec. 7‑504.
Emergency telephone system outages; reimbursement.
Any person
who negligently causes a motor vehicle accident that causes an emergency
telephone system outage must reimburse the public safety agency that provides
personnel to answer calls or to maintain or operate an emergency telephone
system during the outage for the agency's costs associated with answering calls
or maintaining or operating the system during the outage. For the purposes of
this Section, "public safety agency" means the same as in Section 2.02 of the
Emergency Telephone System Act.
(Source: P.A. 92‑149, eff. 1‑1‑02.)
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(625 ILCS 5/7‑601) (from Ch. 95 1/2, par. 7‑601)
Sec. 7‑601.
Required liability insurance policy.
(a) No person shall operate, register or maintain registration of, and no
owner shall permit another person to operate, register or maintain registration
of, a motor vehicle designed to be used on a public highway unless the motor
vehicle is covered by a liability insurance policy.
The insurance policy shall be issued in amounts no less than the minimum
amounts set for bodily injury or death and for destruction of property under
Section 7‑203 of this Code, and shall be issued in accordance with the
requirements of Sections 143a and 143a‑2 of the Illinois Insurance Code, as
amended. No insurer other than an insurer authorized to do business in this
State shall issue a policy pursuant to this Section for any vehicle subject to
registration under this Code. Nothing herein shall deprive an insurer of any
policy defense available at common law.
(b) The following vehicles are exempt from the requirements of this Section:
(1) vehicles subject to the provisions of Chapters 8 | ||
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(2) vehicles required to file proof of liability | ||
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(3) vehicles covered by a certificate of | ||
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(4) vehicles owned by the United States, the State | ||
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(5) implements of husbandry;
(6) other vehicles complying with laws which require | ||
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(7) inoperable or stored vehicles that are not | ||
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(c) Every employee of a State agency, as that term is defined in the
Illinois State Auditing Act,
who is assigned a
specific vehicle owned or leased by the State on an ongoing basis shall provide
the certification described in this Section annually to the director or chief
executive officer of his or her agency.
The certification shall affirm that the employee is duly licensed to
drive the assigned vehicle and that (i) the employee has liability insurance
coverage extending to the employee when the assigned vehicle is used for other
than official State business, or (ii) the employee has filed
a bond with the Secretary of State as proof of financial responsibility, in an
amount equal to, or in excess of the requirements stated within this Section.
Upon request of the agency director or chief executive officer, the employee
shall present evidence to
support
the certification.
The certification shall be provided during the period July 1 through July
31 of each calendar year, or within 30 days of any new assignment of a vehicle
on
an ongoing basis, whichever is later.
The employee's authorization to use the assigned vehicle shall
automatically
be rescinded upon:
(1) the revocation or suspension of the license | ||
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(2) the cancellation or termination for any reason | ||
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(3) the termination of the bond filed with the | ||
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All State employees providing the required certification shall immediately
notify the agency director or chief executive officer in the event any of these
actions occur.
All peace
officers employed by a State agency who are primarily responsible for
prevention and detection of crime and the enforcement of the criminal, traffic,
or
highway laws of this State, and prohibited by agency rule or policy to use an
assigned vehicle owned or leased by the State for regular personal or off‑duty
use, are exempt from the requirements of this Section.
(Source: P.A. 91‑661, eff. 12‑22‑99.)
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(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 | ||
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(b) the combination of proof of purchase of the | ||
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(c) the current declarations page of a liability | ||
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(d) a liability insurance binder, certificate of | ||
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(e) a current rental agreement;
(f) registration plates, registration sticker or | ||
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(g) a certificate, decal, or other document or | ||
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An insurance card shall be provided for each motor
vehicle insured by the insurer issuing the liability insurance policy.
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. 93‑719, eff. 1‑1‑05.)
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(625 ILCS 5/7‑603) (from Ch. 95 1/2, par. 7‑603)
Sec. 7‑603.
Illegal insurance cards ‑ penalty.
No person shall alter
an invalid insurance card to make it appear valid. No person knowingly
shall make, sell or otherwise make available an invalid or counterfeit insurance card.
Any person convicted of a violation of this Section is guilty of a Class
4 felony.
(Source: P.A. 85‑1201.)
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(625 ILCS 5/7‑604) (from Ch. 95 1/2, par. 7‑604)
Sec. 7‑604.
Verification of liability insurance policy.
(a) The Secretary of State may select random samples
of registrations of motor vehicles subject to Section 7‑601 of this Code,
or owners thereof, for the purpose of verifying whether or not the motor
vehicles are insured.
In addition to such general random samples of motor vehicle
registrations, the Secretary may select for
verification other random samples, including, but not limited to
registrations of motor vehicles owned by persons:
(1) whose motor vehicle registrations during the | ||
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(2) who during the preceding 4 years have been | ||
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(3) whose driving privileges have been suspended | ||
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(4) who during the preceding 4 years acquired | ||
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(5) who during the preceding 4 years have received a | ||
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(b) Upon receiving certification from the Department of Transportation
under Section 7‑201.2 of this Code of the name of an owner or operator of any
motor vehicle involved in an accident, the Secretary may verify whether or
not at the time of the accident such motor vehicle was covered by a
liability insurance policy in accordance with Section 7‑601 of this Code.
(c) In preparation for selection of random samples and their
verification, the Secretary may send to owners of randomly selected motor
vehicles, or to randomly selected motor vehicle owners, requests for
information about their motor vehicles and liability
insurance coverage. The request shall require the owner to state whether
or not the motor vehicle was insured on the verification date stated in the
Secretary's request and the request may require, but is not limited to,
a statement by the owner of the names and addresses of insurers, policy
numbers, and expiration dates of insurance coverage.
(d) Within 30 days after the Secretary mails a request, the owner to
whom it is sent shall furnish the requested information to the Secretary
above the owner's signed affirmation that such information is true and
correct. Proof of insurance in effect on the verification date, as
prescribed by the Secretary, may be considered by the Secretary to be a
satisfactory response to the request for information.
Any owner whose response indicates that his or her vehicle was
not covered by a liability insurance policy in accordance with
Section 7‑601 of this Code shall be deemed to have registered or maintained
registration of a motor vehicle in violation of that Section. Any owner who
fails to respond to such a request shall be deemed to have registered or
maintained registration of a motor vehicle in violation of Section
7‑601 of this Code.
(e) If the owner responds to the request for information by asserting
that his or her vehicle was covered by a liability insurance policy on the
verification date stated in the Secretary's request, the Secretary may
conduct a verification of the response by furnishing necessary information
to the insurer named in the response. The insurer shall within
45 days
inform the Secretary whether or not on the verification date stated the
motor vehicle was insured by the insurer in accordance with Section 7‑601
of this Code. The Secretary may by rule and regulation prescribe the
procedures for verification.
(f) No random sample selected under this Section shall be categorized on
the basis of race, color, religion, sex, national origin, ancestry, age,
marital status, physical or mental disability, economic status
or geography.
(Source: P.A. 92‑458, eff. 8‑22‑01.)
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(625 ILCS 5/7‑605) (from Ch. 95 1/2, par. 7‑605)
Sec. 7‑605.
Uninsured motor vehicles ‑ notice.
If the Secretary
determines that an owner has registered or maintained the registration of a
motor vehicle without a liability insurance policy in accordance
with Section 7‑601 of this Code, the Secretary shall notify the owner that
such owner's vehicle registration shall be suspended 45 days after the date
of the mailing of the notice unless the owner within 30 days furnishes proof
of insurance in effect on the verification date, as prescribed by the Secretary.
(Source: P.A. 86‑149.)
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(625 ILCS 5/7‑606) (from Ch. 95 1/2, par. 7‑606)
Sec. 7‑606.
Uninsured motor vehicles ‑ suspension and reinstatement.
The Secretary shall suspend the vehicle registration of
any motor vehicle determined by the Secretary to be in
violation of Section 7‑601 of this Code, including any motor
vehicle operated in violation of Section
3‑707, 3‑708 or 3‑710 of this Code by an operator other than the
owner of the vehicle. Neither the fact that,
subsequent to the date of verification or conviction, the owner acquired
the required liability insurance policy nor the fact that the owner
terminated ownership of the motor vehicle shall have any
bearing upon the Secretary's decision to suspend.
The Secretary is authorized to suspend the registration of any motor
vehicle registered in this State upon receiving notice of the conviction of
the operator of the motor vehicle in another State of an offense which, if
committed in this State, would constitute a violation of Section 7‑601 of this Code.
Until it is terminated, the suspension shall remain in force after the
registration is renewed or a new registration is acquired for the motor
vehicle. The suspension also shall apply to any motor
vehicle to which the owner transfers the registration.
In the case of a first violation, the Secretary shall terminate the
suspension upon payment
by the owner of a reinstatement fee of $100 and submission of proof
of
insurance as prescribed by the Secretary.
In the case of a second or subsequent violation by a person having
ownership interest in a motor vehicle or vehicles within
the preceding 4 years, or a violation of Section 3‑708 of this Code, the
Secretary shall terminate the suspension 4 months after its effective date
upon payment by the owner of a reinstatement fee of $100 and submission of
proof of insurance as prescribed by the Secretary.
All fees collected under this Section shall be deposited into the Road
Fund of the State treasury.
(Source: P.A. 88‑315.)
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(625 ILCS 5/7‑607) (from Ch. 95 1/2, par. 7‑607)
Sec. 7‑607.
Submission of false proof ‑ penalty.
If the Secretary
determines that the proof of insurance submitted by a motor vehicle owner
under Section 7‑604, 7‑605 or 7‑606 of this Code is false, the
Secretary shall suspend the owner's vehicle registration. The Secretary
shall terminate the suspension 6 months after its effective date upon
payment by the owner of a reinstatement fee of $200 and submission of proof
of insurance as prescribed by the Secretary.
All fees collected under this Section shall be deposited into the Road
Fund of the State treasury.
(Source: P.A. 85‑1201.)
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(625 ILCS 5/7‑608) (from Ch. 95 1/2, par. 7‑608)
Sec. 7‑608.
Verification‑limitation.
No verification procedure
established under this Code shall include individual inspections of
vehicles on a highway solely for the purpose of verifying the existence of
an insurance policy. No law enforcement officer shall stop a vehicle
solely for the purpose of verifying the existence of a valid insurance policy.
(Source: P.A. 86‑149.)
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(625 ILCS 5/7‑609) (from Ch. 95 1/2, par. 7‑609)
Sec. 7‑609.
Exemption for certain religious organizations.
(a) Pursuant
to the following minimum criteria, the Secretary may exempt from the
provisions of Section 7‑601 of this Code motor vehicles owned by a
religious organization or its members:
(1) The religious organization and its members hold a bona fide conviction that the
acquisition of insurance is contrary to their religious beliefs.
(2) The religious organization and its members submit to the Secretary
evidence that historically, over a period of time not less than two years,
they have paid or, by agreement with the other party or parties involved,
are paying in a timely manner for all damages for which they were or are liable.
(3) The religious organization has filed with the Secretary a current,
irrevocable letter of credit, valid for a period of 12 months and issued in
accordance with this Section and Article 5 of the Uniform Commercial Code,
approved July 31, 1961, as amended, by a financial institution chartered by
an agency of State or federal government. The Secretary of State by rule
and regulation shall establish the minimum amount of credit required.
(4) The religious organization and its members meet other requirement
which the Secretary by rule and regulation may prescribe.
(b) Upon accepting a letter of credit from a religious organization, the
Secretary shall issue a certificate of exemption for each motor vehicle
covered. The certificate of exemption shall serve as evidence of insurance
in accordance with Section 7‑602 of this Code.
Not less than 30 days before a current letter of credit expires, or by
agreement between the issuer and customer is revoked, the religious
organization shall file with the Secretary a new letter of credit. If a new
letter of credit is not on file with the Secretary at the time the current
letter of credit expires or is revoked, the exemption of the religious
organization and its members shall expire and their certificates of
exemption shall become invalid.
(c) If credit is used to the extent that the remaining amount of credit
does not meet the minimum requirements of this Section, and the issuer
declines to reinstate the used portion of the credit or issue a new letter
of credit, the issuer immediately shall send written notice to the customer
and the Secretary that the current letter of credit on file with the
Secretary no longer meets the minimum requirements of the law.
If, within 30 days of receiving the notice, the Secretary has not
received and accepted a new letter of credit from the customer, the
exemption of that religious organization and its members shall expire and
their certificates of exemption shall become invalid.
(d) Upon the request of the plaintiff, if a person, known by the court
to be covered by a current letter of credit issued pursuant to this
Section fails to pay a judgment for damages within 30 days after the
judgment has become final, the clerk of the court within 10 days shall
forward to the Secretary a report of the person's failure to pay. The
report shall indicate that the person is covered by a letter of credit and,
if known by the court, the names of the issuer and the customer.
Upon receiving the report from the court, the Secretary shall notify the
religious organization that, unless the payment is made, 30 days after the
date of the mailing of the notice the exemption of the religious
organization and its members shall be terminated and their certificates of
exemption shall become invalid. If within the 30 days the religious
organization does not submit evidence that the payment has been made, or
furnish valid reasons why the payment has been delayed or not made, the
Secretary shall terminate the exemptions.
(e) The Secretary is authorized to promulgate rules and regulations
necessary for the administration of the provisions of this Section.
(Source: P.A. 86‑149.)
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(625 ILCS 5/7‑610) (from Ch. 95 1/2, par. 7‑610)
Sec. 7‑610.
Immunity.
No state or local governmental unit and no
government official or employee acting in the course of his or her official
duties in the administration or enforcement of Section 7‑601 and related
provisions of this Code shall be liable for any damages, brought directly
or indirectly by the injured party or a third party, except for damages
resulting from willful and wanton misconduct or gross negligence on the
part of the governmental unit, official or employee.
(Source: P.A. 86‑149.)
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(625 ILCS 5/7‑611) (from Ch. 95 1/2, par. 7‑611)
Sec. 7‑611.
(Repealed.)
(Source: Repealed by 88‑315.)
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(625 ILCS 5/7‑701)
Sec. 7‑701.
Findings and purpose.
The General Assembly finds that
the timely receipt of adequate financial support has the effect of reducing
poverty and State expenditures for welfare dependency among children, and that
the timely payment of adequate child support demonstrates financial
responsibility. Further, the General Assembly finds that the State has a
compelling interest in ensuring that drivers within the State demonstrate
financial responsibility, including family financial responsibility, in order
to safely own and operate a motor vehicle. To this end, the
Secretary of State
is authorized to establish systems to suspend
driver's licenses for failure to
comply with court orders of support.
(Source: P.A. 91‑613, eff. 7‑1‑00.)
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(625 ILCS 5/7‑702)
Sec. 7‑702.
Suspension of driver's license for failure to pay child
support.
(a) The Secretary of State shall suspend the driver's license
issued to an obligor upon receiving an authenticated report
provided for in subsection (a) of Section 7‑703, that the person is 90
days or more delinquent in court ordered child
support payments or has been adjudicated in arrears in an amount
equal to 90 days obligation or more, and has been found in contempt by
the court for failure to pay the support.
(b) The Secretary of State shall suspend the driver's license issued to an
obligor upon receiving an authenticated document provided for in subsection (b)
of Section 7‑703, that the person has been adjudicated in arrears in court
ordered child support payments in an amount equal to 90 days obligation or
more,
but has not been held in contempt of court, and that the court has ordered that
the person's driving privileges be suspended. The obligor's driver's license
shall be suspended until such time as the Secretary of State receives
authenticated documentation that the obligor is in compliance with the court
order of support. When the obligor complies with the court ordered child
support
payments, the circuit court shall report the obligor's compliance with the
court order of support to the Secretary of State, on a form prescribed by the
Secretary of State, and shall order that the obligor's driver's license be
reinstated.
(Source: P.A. 91‑613, eff. 7‑1‑00.)
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(625 ILCS 5/7‑702.2)
Sec. 7‑702.2.
Written agreement to pay past‑due support.
(a) An obligor who is presently unable to pay all past‑due support and is
subject to having his or her license suspended pursuant to subsection (b) of
Section 7‑703 may
come
into
compliance with the court order for support by executing a written payment
agreement
that is approved by the court and by complying with that agreement. A
condition
of a written payment agreement must be that the obligor pay the current child
support
when due. Before a written payment agreement is executed, the obligor shall:
(1) Disclose fully to the court in writing, on a | ||
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(2) Provide documentation to the court concerning | ||
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(b) After full disclosure, the court may determine the
obligor's
ability to pay past‑due support and may approve a written
payment
agreement consistent with the obligor's ability to pay, not to exceed the
court‑ordered
support.
(Source: P.A. 91‑613, eff. 7‑1‑00.)
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(625 ILCS 5/7‑703)
Sec. 7‑703.
Courts to report non‑payment of court ordered support.
(a) The
clerk of the circuit court, as provided in subsection (b) of Section 505 of the
Illinois Marriage and Dissolution of Marriage Act or as provided in Section 15
of the Illinois Parentage Act of 1984, shall forward to the Secretary of
State, on a form prescribed by the Secretary, an authenticated document
certifying the court's order suspending the driving privileges of the obligor.
For any such certification, the clerk of the court shall charge the obligor a
fee of $5 as provided in the Clerks of Courts Act.
(b) If an obligor has been adjudicated in arrears in court ordered child
support payments in an amount equal to 90 days obligation or more but has not
been held in contempt of court, the circuit court may order that the obligor's
driving privileges be suspended. If the circuit court orders that the
obligor's driving privileges be suspended, it shall forward to the Secretary of
State, on a form prescribed by the Secretary, an authenticated document
certifying the court's order suspending the driving privileges of the obligor.
The authenticated document shall
be forwarded to the Secretary of State by the court no later than 45 days after
entry of the order suspending the obligor's driving privileges.
(Source: P.A. 91‑613, eff. 7‑1‑00.)
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(625 ILCS 5/7‑704)
Sec. 7‑704.
Suspension to continue until compliance with court
order of support.
(a) The suspension of a driver's license shall remain in
effect unless and until the Secretary of State receives
authenticated documentation that the obligor is in compliance with
a court order of support or that the order has
been stayed by a subsequent order of the court.
Full driving privileges shall not be issued by the Secretary
of State until notification of compliance has been received from
the court. The circuit clerks shall report the obligor's compliance
with a court order of support to the Secretary of
State, on a form prescribed by the Secretary.
(b) Whenever, after one suspension of an individual's driver's
license for failure to pay child support, another order of
non‑payment is entered against the obligor and the person fails to
come into compliance with the court order of
support, then the Secretary shall again suspend the driver's
license of the individual and that suspension shall not be removed
unless the obligor is in full compliance with the court order of support and
has made full payment on all arrearages.
(Source: P.A. 89‑92, eff. 7‑1‑96.)
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(625 ILCS 5/7‑705)
Sec. 7‑705.
Notice.
The Secretary of State, prior to suspending a
driver's license under this Chapter, shall serve written
notice upon an obligor that the individual's driver's license will
be suspended in 60 days from the date on the notice unless the
obligor satisfies the court order of support and the circuit clerk
notifies the Secretary of State of this compliance.
(Source: P.A. 89‑92, eff. 7‑1‑96.)
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(625 ILCS 5/7‑705.1)
Sec. 7‑705.1.
Notice of noncompliance with support order.
Before
forwarding to the Secretary of State the
authenticated document under subsection (b) of Section 7‑703, the
circuit court
must serve notice upon the obligor of its
intention to suspend the obligor's driver's license for being adjudicated in
arrears in court ordered child support payments in an amount equal to 90 days
obligation. The notice must inform the obligor that:
(a) If the obligor is presently unable to pay all | ||
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(b) The obligor may contest the issue of compliance | ||
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(c) A request for a hearing must be made in writing | ||
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(d) If the obligor does not request a hearing to | ||
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(e) If the circuit court certifies the obligor to | ||
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(f) If the obligor files a motion to modify support | ||
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(g) The obligor may comply with an order of support | ||
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(1) Paying the current support;
(2) Paying all past‑due support or, if unable to | ||
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(3) Meeting the obligor's health insurance | ||
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The notice must include the address and telephone number of the clerk of the
circuit court.
The clerk of the circuit court shall attach a copy of the obligor's
order of
support to the notice. The notice must be served by certified mail, return
receipt
requested, by service in hand, or as specified in the Code of Civil
Procedure.
(Source: P.A. 91‑613, eff. 7‑1‑00.)
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(625 ILCS 5/7‑706)
Sec. 7‑706.
Administrative hearing.
A driver may contest this
driver's license sanction by requesting an administrative hearing
in accordance with Section 2‑118 of this Code. If a written
request for this hearing is received prior to the effective date of
the suspension, the suspension shall be stayed. If a stay of the
suspension is granted, it shall remain in effect until a hearing
decision is entered. At the conclusion of this hearing, the
Secretary of State may rescind or impose the driver's license
suspension. If the suspension is upheld, it shall become
effective 10 days from the date the hearing decision is entered.
If the decision is to rescind the suspension, no suspension of
driving privileges shall be entered. The scope of this hearing
shall be limited to the following issues:
(a) Whether the driver is the obligor covered by the court
order of support.
(b) Whether the authenticated document of a court
order of support indicates that the obligor is 90
days or more delinquent or has been adjudicated in arrears in an
amount equal to 90 days obligation or more and has been found in
contempt of court for failure to pay child support.
(c) Whether a superseding authenticated document of any
court order of support has been entered.
(Source: P.A. 89‑92, eff. 7‑1‑96.)
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(625 ILCS 5/7‑706.1)
Sec. 7‑706.1.
Hearing for compliance with support order.
(a) An obligor may request in writing to the clerk of the circuit court
a hearing to contest the claim of noncompliance with an order of
support
and his or her subsequent driver's license suspension under
subsection (b) of
Section 7‑702.
(b) If a written request for a hearing is received by the clerk
of the circuit court,
the clerk of the circuit court shall set the hearing before the circuit court.
(c) Upon the obligor's written request, the court must
set a date
for a hearing and afford the obligor an opportunity for a hearing as early as
practical.
(d) The scope of this hearing is limited to the following issues:
(1) Whether the obligor is required to pay child | ||
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(2) Whether the obligor has been adjudicated in | ||
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(3) Any additional issues raised by the obligor, | ||
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(e) All hearings and hearing procedures shall comply with requirements of
the
Illinois Constitution and the United States Constitution, so that no person is
deprived of due process of law nor denied
equal
protection of the laws. All hearings shall be held before a judge of the
circuit court in the county in which the support order has been entered.
Appropriate
records of the hearings shall be kept. Where a transcript of the hearing is
taken, the
person requesting the hearing shall have the opportunity to order a copy of the
transcript at
his or her own expense.
(f) The action of the circuit court resulting in the suspension
of any
driver's license shall be a final judgment for purposes of appellate
review.
(Source: P.A. 91‑613, eff. 7‑1‑00.)
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(625 ILCS 5/7‑707)
Sec. 7‑707.
Payment of reinstatement fee.
When an obligor receives
notice from the Secretary of State that the suspension of driving privileges
has been terminated based upon receipt of notification from the circuit
clerk of the obligor's compliance with a court order of
support, the obligor shall pay a $70 reinstatement fee to the
Secretary of
State as set forth in Section 6‑118 of this Code. $30 of the $70 fee
shall be deposited
into the Family Responsibility Fund. In accordance with subsection (e) of
Section 6‑115 of this Code, the Secretary of State may decline to process a
renewal of a driver's license of a person who has not paid this fee.
(Source: P.A. 92‑16, eff. 6‑28‑01; 93‑32, eff. 1‑1‑04.)
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(625 ILCS 5/7‑708)
Sec. 7‑708.
Rules.
The Secretary of State, using the authority to license
motor vehicle operators, may adopt such rules as may be necessary to establish
standards, policies, and procedures for the suspension of driver's licenses for
non‑compliance with a court order of support.
(Source: P.A. 89‑92, eff. 7‑1‑96.)
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