(625 ILCS 5/6‑301) (from Ch. 95 1/2, par. 6‑301)
Sec. 6‑301.
Unlawful use of license or permit.
(a) It is a violation of this Section for any person:
1. To display or cause to be displayed or have in |
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his possession any cancelled, revoked or suspended license or permit;
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2. To lend his license or permit to any other person
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or knowingly allow the use thereof by another;
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3. To display or represent as his own any license or
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permit issued to another;
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4. To fail or refuse to surrender to the Secretary
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of State or his agent or any peace officer upon his lawful demand, any license or permit, which has been suspended, revoked or cancelled;
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5. To allow any unlawful use of a license or permit
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6. To submit to an examination or to obtain the
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services of another person to submit to an examination for the purpose of obtaining a drivers license or permit for some other person.
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(b) Sentence.
1. Any person convicted of a violation of this
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Section shall be guilty of a Class A misdemeanor and shall be sentenced to a minimum fine of $500 or 50 hours of community service, preferably at an alcohol abuse prevention program, if available.
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2. Any person convicted of a second or subsequent
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violation of this Section shall be guilty of a Class 4 felony.
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3. In addition to any other sentence imposed under
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paragraph 1 or 2 of this subsection (b), a person convicted of a violation of paragraph 6 of subsection (a) shall be imprisoned for not less than 7 days.
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(c) This Section does not prohibit any lawfully authorized
investigative, protective, law enforcement or other activity of any agency
of the United States, State of Illinois or any other state or political
subdivision thereof.
(d) This Section does not apply to licenses and permits invalidated under
Section 6‑301.3 of this Code.
(Source: P.A. 92‑647, eff. 1‑1‑03; 92‑883, eff. 1‑13‑03.)
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(625 ILCS 5/6‑301.1) (from Ch. 95 1/2, par. 6‑301.1)
Sec. 6‑301.1. Fictitious or unlawfully altered driver's license or
permit.
(a) As used in this Section:
1. "A fictitious driver's license or permit" means
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any issued license or permit for which a computerized number and file have been created by the Secretary of State or other official driver's license agency in another jurisdiction which contains false information concerning the identity of the individual issued the license or permit;
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2. "False information" means any information
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concerning the legal name, sex, date of birth, social security number or any photograph that falsifies all or in part the actual identity of the individual issued the license or permit;
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3. "An unlawfully altered driver's license or permit"
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means any issued license or permit for which a computerized number and file have been created by the Secretary of State or other official driver's license agency in another jurisdiction which has been physically altered or changed in such a manner that false information appears upon the license or permit;
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4. "A document capable of defrauding another"
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includes, but is not limited to, any document by which any right, obligation or power with reference to any person or property may be created, transferred, altered or terminated;
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5. "An identification document" means any document
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made or issued by or under the authority of the United States Government, the State of Illinois or any other state or political subdivision thereof, or any other governmental or quasi‑governmental organization which, when completed with information concerning the individual, is of a type intended or commonly accepted for the purpose of identification of an individual;
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6. "Common carrier" means any public or private
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provider of transportation, whether by land, air, or water.
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(b) It is a violation of this Section for any person:
1. To knowingly possess any fictitious or unlawfully
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altered driver's license or permit;
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2. To knowingly possess, display or cause to be
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displayed any fictitious or unlawfully altered driver's license or permit for the purpose of obtaining any account, credit, credit card or debit card from a bank, financial institution or retail mercantile establishment;
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3. To knowingly possess any fictitious or unlawfully
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altered driver's license or permit with the intent to commit a theft, deception or credit or debit card fraud in violation of any law of this State or any law of any other jurisdiction;
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4. To knowingly possess any fictitious or unlawfully
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altered driver's license or permit with the intent to commit any other violation of any law of this State or any law of any other jurisdiction for which a sentence to a term of imprisonment in a penitentiary for one year or more is provided;
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5. To knowingly possess any fictitious or unlawfully
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altered driver's license or permit while in possession without authority of any document, instrument or device capable of defrauding another;
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6. To knowingly possess any fictitious or unlawfully
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altered driver's license or permit with the intent to use the license or permit to acquire any other identification document;
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7. To knowingly issue or assist in the issuance of
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any fictitious driver's license or permit;
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8. To knowingly alter or attempt to alter any
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driver's license or permit;
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9. To knowingly manufacture, possess, transfer or
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provide any identification document whether real or fictitious for the purpose of obtaining a fictitious driver's license or permit;
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10. To knowingly use any fictitious or unlawfully
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altered driver's license or permit to purchase or attempt to purchase any ticket for a common carrier or to board or attempt to board any common carrier;
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11. To knowingly possess any fictitious or unlawfully
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altered driver's license or permit if the person has at the time a different driver's license issued by the Illinois Secretary of State or other official driver's license agency in another jurisdiction that is suspended or revoked.
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(c) Sentence.
1. Any person convicted of a violation of paragraph 1
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of subsection (b) of this Section shall be guilty of a Class A misdemeanor and shall be sentenced to minimum fine of $500 or 50 hours of community service, preferably at an alcohol abuse prevention program, if available. A person convicted of a second or subsequent violation shall be guilty of a Class 4 felony.
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2. Any person convicted of a violation of paragraph 3
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of subsection (b) of this Section who at the time of arrest had in his possession two or more fictitious or unlawfully altered driver's licenses or permits shall be guilty of a Class 4 felony.
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3. Any person convicted of a violation of any of
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paragraphs 2 through 11 of subsection (b) of this Section shall be guilty of a Class 4 felony. A person convicted of a second or subsequent violation shall be guilty of a Class 3 felony.
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(d) This Section does not prohibit any lawfully authorized
investigative, protective, law enforcement or other activity of any agency
of the United States, State of Illinois or any other state or political
subdivision thereof.
(Source: P.A. 92‑673, eff. 1‑1‑03; 93‑895, eff. 1‑1‑05.)
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(625 ILCS 5/6‑301.2) (from Ch. 95 1/2, par. 6‑301.2)
Sec. 6‑301.2. Fraudulent driver's license or permit.
(a) (Blank).
(b) It is a violation of this Section for any person:
1. To knowingly possess any fraudulent driver's
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2. To knowingly possess, display or cause to be
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displayed any fraudulent driver's license or permit for the purpose of obtaining any account, credit, credit card or debit card from a bank, financial institution or retail mercantile establishment;
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3. To knowingly possess any fraudulent driver's
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license or permit with the intent to commit a theft, deception or credit or debit card fraud in violation of any law of this State or any law of any other jurisdiction;
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4. To knowingly possess any fraudulent driver's
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license or permit with the intent to commit any other violation of any laws of this State or any law of any other jurisdiction for which a sentence to a term of imprisonment in a penitentiary for one year or more is provided;
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5. To knowingly possess any fraudulent driver's
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license or permit while in unauthorized possession of any document, instrument or device capable of defrauding another;
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6. To knowingly possess any fraudulent driver's
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license or permit with the intent to use the license or permit to acquire any other identification document;
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7. To knowingly possess without authority any
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driver's license‑making or permit‑making implement;
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8. To knowingly possess any stolen driver's
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license‑making or permit‑making implement or to possess, use, or allow to be used any materials, hardware, or software specifically designed for or primarily used in the manufacture, assembly, issuance, or authentication of an official driver's license or permit issued by the Secretary of State;
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9. To knowingly duplicate, manufacture, sell or
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transfer any fraudulent driver's license or permit;
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10. To advertise or distribute any information or
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materials that promote the selling, giving, or furnishing of a fraudulent driver's license or permit;
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11. To knowingly use any fraudulent driver's license
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or permit to purchase or attempt to purchase any ticket for a common carrier or to board or attempt to board any common carrier. As used in this Section, "common carrier" means any public or private provider of transportation, whether by land, air, or water;
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12. To knowingly possess any fraudulent driver's
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license or permit if the person has at the time a different driver's license issued by the Secretary of State or another official driver's license agency in another jurisdiction that is suspended or revoked.
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(b‑1) It is a violation of this Section for any person to
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possess, use, or allow to be used any materials, hardware, or software specifically designed for or primarily used in the reading of encrypted language from the bar code or magnetic strip of an official Illinois driver's license issued by the Secretary of State. This subsection (b‑1) does not apply if a federal or State law, rule, or regulation requires that the card holder's address be recorded in specified transactions or if the encrypted information is obtained for the detection or possible prosecution of criminal offenses or fraud. If the address information is obtained under this subsection (b‑1), it may be used only for the purposes authorized by this subsection (b‑1).
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(c) Sentence.
1. Any person convicted of a violation of paragraph
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1 of subsection (b) of this Section shall be guilty of a Class 4 felony and shall be sentenced to a minimum fine of $500 or 50 hours of community service, preferably at an alcohol abuse prevention program, if available.
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2. Any person convicted of a violation of any of
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paragraphs 2 through 9 or paragraph 11 or 12 of subsection (b) of this Section or a violation of subsection (b‑1) of this Section shall be guilty of a Class 4 felony. A person convicted of a second or subsequent violation shall be guilty of a Class 3 felony.
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3. Any person convicted of a violation of paragraph
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10 of subsection (b) of this Section shall be guilty of a Class B misdemeanor.
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(d) This Section does not prohibit any lawfully authorized
investigative, protective, law enforcement or other activity of any agency
of the United States, State of Illinois or any other state or political
subdivision thereof.
(e) The Secretary may request the Attorney General to seek a
restraining order in the circuit court against any person who violates this
Section by advertising fraudulent driver's licenses or permits.
(Source: P.A. 93‑667, eff. 3‑19‑04; 93‑895, eff. 1‑1‑05; 94‑239, eff. 1‑1‑06; 94‑930, eff. 6‑26‑06.)
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(625 ILCS 5/6‑303) (from Ch. 95 1/2, par. 6‑303)
Sec. 6‑303. Driving while driver's license, permit or privilege to
operate a motor vehicle is suspended or revoked.
(a) Any person who drives or is in actual physical control of a motor
vehicle on any highway of this State at a time when such person's driver's
license, permit or privilege to do so or the privilege to obtain a driver's
license or permit is revoked or suspended as provided by this Code or the law
of another state, except as may be specifically allowed by a judicial driving
permit, family financial responsibility driving permit, probationary
license to drive, or a restricted driving permit issued pursuant to this Code
or under the law of another state, shall be guilty of a Class A misdemeanor.
(b) The Secretary of State upon receiving a report of the conviction
of any violation indicating a person was operating a motor vehicle during
the time when said person's driver's license, permit or privilege was
suspended by the Secretary, by the appropriate authority of another state,
or pursuant to Section 11‑501.1; except as may
be specifically allowed by a probationary license to drive, judicial
driving permit or restricted driving permit issued pursuant to this Code or
the law of another state;
shall extend the suspension for the same period of time as the originally
imposed suspension; however, if the period of suspension has then expired,
the Secretary shall be authorized to suspend said person's driving
privileges for the same period of time as the originally imposed
suspension; and if the conviction was upon a charge which indicated that a
vehicle was operated during the time when the person's driver's license,
permit or privilege was revoked; except as may be allowed by a restricted
driving permit issued pursuant to this Code or the law of another state;
the Secretary shall not issue
a driver's license for an additional period of one year from the date of
such conviction indicating such person was operating a vehicle during such
period of revocation.
(c) Any person convicted of violating this Section shall serve a minimum
term of imprisonment of 10 consecutive days or 30
days of community service
when the person's driving privilege was revoked or suspended as a result of:
(1) a violation of Section 11‑501 of this Code or a
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similar provision of a local ordinance relating to the offense of operating or being in physical control of a vehicle while under the influence of alcohol, any other drug or any combination thereof; or
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(2) a violation of paragraph (b) of Section 11‑401
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of this Code or a similar provision of a local ordinance relating to the offense of leaving the scene of a motor vehicle accident involving personal injury or death; or
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(3) a violation of Section 9‑3 of the Criminal Code
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of 1961, as amended, relating to the offense of reckless homicide; or
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(4) a statutory summary suspension under Section
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Such sentence of imprisonment or community service shall not be subject
to suspension in order to reduce such sentence.
(c‑1) Except as provided in subsection (d), any person convicted of a
second violation of this Section shall be ordered by the court to serve a
minimum
of 100 hours of community service.
(c‑2) In addition to other penalties imposed under this Section, the
court may impose on any person convicted a fourth time of violating this
Section any of
the following:
(1) Seizure of the license plates of the person's
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(2) Immobilization of the person's vehicle for a
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period of time to be determined by the court.
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(d) Any person convicted of a second violation of this
Section shall be guilty of a Class 4 felony and shall serve a minimum term of
imprisonment of 30 days or 300 hours of community service, as determined by the
court, if the
revocation or
suspension was for a violation of Section 11‑401 or 11‑501 of this Code,
or a similar out‑of‑state offense, or a similar provision of a local
ordinance, a violation of Section 9‑3 of the Criminal Code of 1961, relating
to the offense of reckless homicide, or a similar out‑of‑state offense, or a
statutory summary suspension under Section 11‑501.1 of this Code.
(d‑1) Except as provided in subsection (d‑2) and subsection (d‑3), any
person convicted of
a third or subsequent violation of this Section shall serve a minimum term of
imprisonment of 30 days or 300 hours of community service, as determined by the
court.
(d‑2) Any person convicted of a third violation of this
Section is guilty of a Class 4 felony and must serve a minimum term of
imprisonment of 30 days if the revocation or
suspension was for a violation of Section 11‑401 or 11‑501 of this Code,
or a similar out‑of‑state offense, or a similar provision of a local
ordinance, a violation of Section 9‑3 of the Criminal Code of 1961, relating
to the offense of reckless homicide, or a similar out‑of‑state offense, or a
statutory summary suspension under Section 11‑501.1 of this Code.
(d‑3) Any person convicted of a fourth, fifth, sixth, seventh, eighth, or ninth violation of this
Section is guilty of a Class 4 felony and must serve a minimum term of
imprisonment of 180 days if the revocation or suspension was for a
violation of Section 11‑401 or 11‑501 of this Code, or a similar out‑of‑state
offense, or a similar provision of a local ordinance, a violation of
Section 9‑3 of the Criminal Code of 1961, relating to the offense of
reckless homicide, or a similar out‑of‑state offense, or a statutory
summary suspension under Section 11‑501.1 of this Code.
(d‑4) Any person convicted of a tenth, eleventh, twelfth, thirteenth, or fourteenth violation of this Section is guilty of a Class 3 felony, and is not eligible for probation or conditional discharge, if the revocation or suspension was for a violation of Section 11‑401 or 11‑501 of this Code, or a similar out‑of‑state offense, or a similar provision of a local ordinance, a violation of Section 9‑3 of the Criminal Code of 1961, relating to the offense of reckless homicide, or a similar out‑of‑state offense, or a statutory summary suspension under Section 11‑501.1 of this Code.
(d‑5) Any person convicted of a fifteenth or subsequent violation of this Section is guilty of a Class 2 felony, and is not eligible for probation or conditional discharge, if the revocation or suspension was for a violation of Section 11‑401 or 11‑501 of this Code, or a similar out‑of‑state offense, or a similar provision of a local ordinance, a violation of Section 9‑3 of the Criminal Code of 1961, relating to the offense of reckless homicide, or a similar out‑of‑state offense, or a statutory summary suspension under Section 11‑501.1 of this Code.
(e) Any person in violation of this Section who is also in violation of
Section 7‑601 of this Code relating to mandatory insurance requirements, in
addition to other penalties imposed under this Section, shall have his or her
motor vehicle immediately impounded by the arresting law enforcement officer.
The motor vehicle may be released to any licensed driver upon a showing of
proof of insurance for the vehicle that was impounded and the notarized written
consent for the release by the vehicle owner.
(f) For any prosecution under this Section, a certified copy of the
driving abstract of the defendant shall be admitted as proof of any prior
conviction.
(g) The motor vehicle used in a violation of this Section is subject
to seizure and forfeiture as provided in Sections 36‑1 and 36‑2 of the
Criminal Code of 1961 if the person's driving privilege was revoked
or suspended as a result of a violation listed in paragraph (1), (2), or
(3) of subsection (c) of this Section or as a result of a summary
suspension as provided in paragraph (4) of subsection (c) of this
Section.
(Source: P.A. 94‑112, eff. 1‑1‑06.)
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(625 ILCS 5/6‑305) (from Ch. 95 1/2, par. 6‑305)
Sec. 6‑305. Renting motor vehicle to another.
(a) No person shall rent a motor vehicle to any other person unless the
latter person, or a driver designated by a nondriver with disabilities and
meeting any minimum age and driver's record requirements that are uniformly
applied by the person renting a motor vehicle, is then duly licensed
hereunder or, in the case of a
nonresident, then duly licensed under the laws of the State or country of
his residence unless the State or country of his residence does not require
that a driver be licensed.
(b) No person shall rent a motor vehicle to another until he has
inspected the drivers license of the person to whom the vehicle is to be
rented, or by whom it is to be driven, and compared and verified the
signature thereon with the signature
of such person written in his presence unless, in the case of a
nonresident, the State or country wherein the nonresident resides does not
require that a driver be licensed.
(c) No person shall rent a motorcycle to another unless the latter
person is then duly licensed hereunder as a motorcycle operator, and in the
case of a nonresident, then duly licensed under the laws of the State or
country of his residence, unless the State or country of his residence does
not require that a driver be licensed.
(d) (Blank).
(e) (Blank).
(f) Subject to subsection (l), any person who rents a motor vehicle to another shall only
advertise, quote, and charge a rental rate that includes the entire amount
except taxes and a mileage charge, if any, which a renter must pay to hire
or lease the vehicle for the period of time to which the rental rate
applies.
The person must provide, on the request of the renter, based on the
available information, an estimated total of the daily rental rate,
including all applicable taxes, fees, and other charges, or an
estimated total rental charge, based on the return date of the vehicle
noted on the rental agreement. Further, if the rental agreement does
not already provide an estimated total rental charge, the following
statement must be included in the rental agreement:
"NOTICE: UNDER ILLINOIS LAW, YOU MAY REQUEST, BASED ON
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AVAILABLE INFORMATION, AN ESTIMATED TOTAL DAILY RENTAL RATE, INCLUDING TAXES, FEES, AND OTHER CHARGES, OR AN ESTIMATED TOTAL RENTAL CHARGE, BASED ON THE VEHICLE RETURN DATE NOTED ON THIS AGREEMENT."
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Such person shall not charge in addition to the rental rate,
taxes, and mileage charge, if any, any fee which must be paid by the renter
as a condition of hiring or leasing the vehicle, such as, but not limited
to, required fuel or airport surcharges, nor any fee for transporting the
renter to the location where the rented vehicle will be delivered to the
renter. In addition to the rental rate, taxes, and mileage charge, if any,
such person may charge for an item or service provided in connection with a
particular rental transaction if the renter can avoid incurring the charge by
choosing not to obtain or utilize the optional item or service. Items and
services for which such person may impose an additional charge include, but are
not limited to, optional insurance and accessories requested by the renter,
service charges incident to the renter's optional return of the vehicle to
a location other than the location where the vehicle was hired or leased,
and charges for refueling the vehicle at the conclusion of the rental
transaction in the event the renter did not return the vehicle with as much
fuel as was in the fuel tank at the beginning of the rental.
(g) Every person renting a motor vehicle to another shall keep a record
of the registration number of the motor vehicle so rented, the name and
address of the person to whom the vehicle is rented, the number of the
license, if any, of said latter person, and the date and place when and
where the license, if any, was issued. Such record shall be open
to
inspection by any police officer or designated agent of the Secretary of
State.
(h) A person licensed as a new car dealer under Section 5‑101 of this
Code shall not be subject to the provisions of this Section regarding the
rental of private passenger motor vehicles when providing, free of charge,
temporary substitute vehicles for customers to operate during a period when
a customer's vehicle, which is either leased or owned by that customer, is
being repaired, serviced, replaced or otherwise made unavailable to the
customer in accordance with an agreement with the licensed new car dealer
or vehicle manufacturer, so long as the customer orally or in writing is
made aware that the temporary substitute vehicle will be covered by his or
her
insurance policy and the customer shall only be liable to the extent of any
amount deductible from such insurance coverage in accordance with the terms
of the policy.
(i) This Section, except the requirements of subsection (g), also applies
to rental agreements of 30 continuous days or less involving a motor
vehicle that was delivered by an out of State person or business to a
renter in this State.
(j) A public airport
may, if approved by its local government corporate authorities or its airport
authority, impose a customer facility charge upon customers of rental car
companies for the purposes of financing, designing, constructing,
operating, and maintaining consolidated car rental facilities and common
use transportation equipment and
facilities,
which are used to transport the customer, connecting consolidated
car rental facilities with other airport facilities.
Notwithstanding
subsection (f) of this
Section, the customer facility charge shall
be collected by the rental car company as a separate charge, and clearly
indicated as
a separate charge
on the rental agreement and invoice.
Facility charges shall be immediately deposited into a trust account
for the benefit of the airport and
remitted at the direction of the airport, but
not more often than once per month.
The charge shall be uniformly calculated on a per‑contract or per‑day
basis.
Facility charges imposed by the airport may not exceed the reasonable
costs of financing, designing, constructing, operating, and maintaining the
consolidated car rental facilities and common use transportation equipment and
facilities and may not be used for any other purpose.
Notwithstanding any other provision of law, the charges collected
under
this Section are not subject to retailer occupation, sales,
use,
or transaction taxes.
(k) When a rental car company states a rental rate in any of its rate
advertisements, its proprietary computer
reservation systems, or its in‑person quotations
intended to apply to
an airport rental, a company that collects from its customers a customer
facility charge for that rental under subsection (j) shall do all of the
following:
(1) Clearly and conspicuously disclose in any radio,
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television, or other electronic media advertisements the existence and amount of the charge if the advertisement is intended for rentals at an airport imposing the charge or, if the advertisement covers an area with multiple airports with different charges, a range of amounts of customer facility charges if the advertisement is intended for rentals at an airport imposing the charge.
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(2) Clearly and conspicuously disclose in any print
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rate advertising the existence and amount of the charge if the advertisement is intended for rentals at an airport imposing the charge or, if the print rate advertisement covers an area with multiple airports with different charges, a range of amounts of customer facility charges if the advertisement is intended for rentals at an airport imposing the charge.
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(3) Clearly and conspicuously disclose the existence
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and amount of the charge in any telephonic, in‑person, or computer‑transmitted quotation from the rental car company's proprietary computer reservation system at the time of making an initial quotation of a rental rate if the quotation is made by a rental car company location at an airport imposing the charge and at the time of making a reservation of a rental car if the reservation is made by a rental car company location at an airport imposing the charge.
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(4) Clearly and conspicuously display the charge in
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any proprietary computer‑assisted reservation or transaction directly between the rental car company and the customer, shown or referenced on the same page on the computer screen viewed by the customer as the displayed rental rate and in a print size not smaller than the print size of the rental rate.
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(5) Clearly and conspicuously disclose and
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separately identify the existence and amount of the charge on its rental agreement.
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(6) A rental car company that collects from its
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customers a customer facility charge under subsection (j) and engages in a practice which does not comply with subsections (f), (j), and (k) commits an unlawful practice within the meaning of the Consumer Fraud and Deceptive Business Practices Act.
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(l) Notwithstanding subsection (f), any person who rents a motor vehicle to another may, in connection with the rental of a motor vehicle to (i) a business renter or (ii) a business program sponsor under the sponsor's business program, do the following:
(1) separately quote, by telephone, in person, or by
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computer transmission, additional charges for the rental; and
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(2) separately impose additional charges for the
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(m) As used in this Section:
(1) "Additional charges" means charges other than:
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(i) a per period base rental rate; (ii) a mileage charge; (iii) taxes; or (iv) a customer facility charge.
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(2) "Business program" means:
(A) a contract between a person who rents motor
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vehicles and a business program sponsor that establishes rental rates at which the person will rent motor vehicles to persons authorized by the sponsor; or
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(B) a plan, program, or other arrangement
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established by a person who rents motor vehicles at the request of, or with the consent of, a business program sponsor under which the person offers to rent motor vehicles to persons authorized by the sponsor on terms that are not the same as those generally offered by the rental company to the public.
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(3) "Business program sponsor" means any legal
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entity other than a natural person, including a corporation, limited liability company, partnership, government, municipality or agency, or a natural person operating a business as a sole proprietor.
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(4) "Business renter" means, for any business
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program sponsor, a person who is authorized by the sponsor to enter into a rental contract under the sponsor's business program. "Business renter" does not include a person renting as:
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(A) a non‑employee member of a not‑for‑profit
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(B) the purchaser of a voucher or other prepaid
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rental arrangement from a person, including a tour operator, engaged in the business of reselling those vouchers or prepaid rental arrangements to the general public;
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(C) an individual whose car rental is eligible
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for reimbursement in whole or in part as a result of the person being insured or provided coverage under a policy of insurance issued by an insurance company; or
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(D) an individual whose car rental is eligible
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for reimbursement in whole or in part as a result of the person purchasing motor vehicle repair services from a person licensed to perform those services.
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(Source: P.A. 93‑118, eff. 1‑1‑04; 94‑717, eff. 12‑19‑05.)
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(625 ILCS 5/6‑305.2)
Sec. 6‑305.2.
Limited liability for damage.
(a) Damage to private
passenger vehicle. A person who rents a motor vehicle to another may hold
the renter liable to the extent permitted under subsections (b) through (d) for
physical or mechanical damage to the rented motor vehicle that occurs during
the time the motor vehicle is under the rental agreement.
(b) Limits on liability. The total liability of a renter under subsection
(a) for damage to a motor vehicle may not exceed all of the following:
(1) The lesser of:
(A) Actual and reasonable costs that the person |
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who rents a motor vehicle to another incurred to repair the motor vehicle or that the rental company would have incurred if the motor vehicle had been repaired, which shall reflect any discounts, price reductions, or adjustments available to the rental company; or
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(B) The fair market value of that motor vehicle
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immediately before the damage occurred, as determined in the customary market for the retail sale of that motor vehicle; and
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(2) Actual and reasonable costs incurred by the loss
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due to theft of the rental motor vehicle up to $2,000; provided, however, that if it is established that the renter or an authorized driver failed to exercise ordinary care while in possession of the vehicle or that the renter or an authorized driver committed or aided and abetted the commission of the theft, then the damages shall be the actual and reasonable costs of the rental vehicle up to its fair market value, as determined by the customary market for the sale of that vehicle.
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For purposes of this subsection (b), for the period prior to June 1, 1998,
the
maximum amount that may be recovered from an authorized driver shall not exceed
$6,000; for the period beginning June 1, 1998 through May 31, 1999, the maximum
recovery shall not exceed $7,500; and for the period beginning June 1, 1999
through May 31, 2000, the maximum recovery shall not exceed $9,000. Beginning
June
1, 2000,
and annually each June 1 thereafter, the maximum amount that may be recovered
from an authorized driver shall be increased by $500 above the maximum recovery
allowed immediately prior to June 1 of that year.
(c) Multiple recoveries prohibited. Any person who rents a motor
vehicle to another may not hold the renter liable for any amounts that the
rental company recovers from any other party.
(d) Repair estimates. A person who rents a motor vehicle to another may
not collect or attempt to collect the amount described in subsection (b) unless
the rental company obtains an estimate from a repair company or an appraiser in
the business of providing such appraisals on the costs of repairing the motor
vehicle, makes a copy of the estimate available upon request to the renter who
may be liable under subsection (a), or the insurer of the renter, and submits a
copy of the estimate with any claim to collect the amount described in
subsection (b).
(e) Duty to mitigate. A claim against a renter resulting from damage or
loss to a rental vehicle must be reasonably and rationally related to the
actual loss incurred. A rental company shall mitigate damages where possible
and shall not assert or collect any claim for physical damage which exceeds the
actual costs of the repair, including all discounts or price reductions.
(f) No rental company shall require a deposit or an advance charge
against
the credit card of a renter, in any form, for damages to a vehicle which is in
the renter's possession, custody, or control. No rental company shall require
any payment for damage to the rental vehicle, upon the renter's return of the
vehicle in a
damaged condition, until after the cost of the damage to the vehicle and
liability therefor is agreed to between the rental company and renter or is
determined pursuant to law.
(g) If insurance coverage exists under the renter's personal insurance
policy and the coverage is confirmed during regular business hours, the renter
may require that the rental
company must submit any claims to the renter's personal insurance carrier as
the renter's agent. The rental company shall not make any written or oral
representations that it will not present claims or negotiate with the renter's
insurance carrier. For purposes of this Section, confirmation of coverage
includes telephone confirmation from insurance company representatives during
regular business hours. After
confirmation of coverage, the amount of claim shall be resolved between the
insurance carrier and the rental company.
(Source: P.A. 90‑113, eff. 7‑14‑97.)
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(625 ILCS 5/6‑306.4) (from Ch. 95 1/2, par. 6‑306.4)
Sec. 6‑306.4.
Procedures for residents of other states.
(a) Except as
provided in paragraph (b) of this Section, any resident of another state
which is a member of the Nonresident Violator Compact of 1977, who is cited
by a police officer for violating a traffic law or ordinance, shall have
the option of (1) being taken without unnecessary delay before a court of
jurisdiction or (2) executing a written promise to comply with the terms of
the citation by signing at least one copy of a Uniform Traffic Ticket
prepared by the police officer. The police officer may refuse to permit a
nonresident violator to execute a written promise to comply with the terms
of the citation if the nonresident violator cannot furnish satisfactory
evidence of identity or if the officer has probable cause to believe the
nonresident violator cited will disregard the written promise to comply
with the citation.
If the person cited is a resident of another State which is not a member
of the Nonresident Violator Compact of 1977, then the rules established by
the Supreme Court for bail bond and appearance procedures apply.
(b) Any person cited for violating the following provisions of this Code or
a similar provision of local ordinances shall be governed by the bail
provisions of the Illinois Supreme Court Rules when it is not practical or
feasible to take the person before a judge to have bail set or to avoid
undue delay because of the hour or circumstances: Section 3‑101, Section
3‑702, Sections 3‑707, 3‑708 or 3‑710, Chapter 4, Chapter 5, Section
6‑101, Section 6‑104, Section 6‑113,
Section 6‑301, Section 6‑303, Section 8‑115, Section 11‑204, Section
11‑310, Section 11‑311, Section 11‑312, Section 11‑401, Section 11‑402,
Section 11‑403, Section 11‑404, Section 11‑409, Section 11‑501, Section
11‑503, Section 11‑504, Section 11‑601, when more than 30 m.p.h. over the
posted limit, Section 11‑1006, Section 11‑1414, Section 15‑102, Section
15‑103, Section 15‑107, Section 15‑111, paragraph (f) of Section 15‑112 or
paragraph (j) of Section 15‑301.
(c) If the person fails to comply with the executed written promise to
comply with the original terms of the citation as indicated in paragraph
(a) of this Section, the court shall continue the case for a minimum of 30
days and require that a notice of the continued court date be sent to the
last known address of such person. If the person does not appear or
otherwise satisfy the court on or before the continued court date, the
court shall enter an order of failure to appear to answer such charge. The
clerk of such court shall notify the Secretary of State of the court's
order within 21 days.
(d) Upon receiving such notice, the Secretary of State shall comply
with the provisions of Section 6‑803 of this Code.
(Source: P.A. 86‑149.)
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(625 ILCS 5/6‑306.5) (from Ch. 95 1/2, par. 6‑306.5)
Sec. 6‑306.5. Failure to pay fine or penalty for standing, parking,
compliance, or automated traffic law violations; suspension of driving privileges.
(a) Upon receipt of
a certified report,
as prescribed by subsection (c) of
this Section, from
any municipality stating that the owner of a registered vehicle has: (1) failed
to pay any fine or penalty due and owing as a result of 10 or more violations
of a
municipality's vehicular standing, parking, or compliance
regulations established by
ordinance pursuant to Section 11‑208.3 of this Code, or (2) failed to pay any
fine or penalty due and owing as a result of 5 offenses for automated traffic
violations as defined in
Section 11‑208.6, the Secretary of State
shall suspend the driving privileges of such person in accordance with the
procedures set forth in this Section.
The Secretary shall also suspend the driving privileges of an owner of a
registered vehicle upon receipt of a certified report, as prescribed by
subsection (f) of this Section, from any municipality stating that such
person has failed to satisfy any fines or penalties imposed by final judgments
for 5 or more automated traffic law violations or 10 or more violations of local standing, parking, or
compliance regulations after
exhaustion of judicial review procedures.
(b) Following receipt of the certified report of the municipality as
specified in this Section, the Secretary of State shall notify the person
whose name appears on the certified report that
the person's
drivers license will be suspended at the end of a specified period of time
unless the Secretary of State is presented with a notice from the
municipality certifying that the fine or penalty due
and owing the municipality has been paid or that inclusion of that
person's name on the certified report was in error. The Secretary's notice
shall state in substance the information
contained in the municipality's certified report to the Secretary, and
shall be effective as specified by subsection (c) of Section 6‑211 of this
Code.
(c) The report of the appropriate municipal official notifying the
Secretary of State of unpaid fines or penalties pursuant to this Section
shall be certified and shall contain the following:
(1) The name, last known address as recorded with
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the Secretary of State, as provided by the lessor of the cited vehicle at the time of lease, or as recorded in a United States Post Office approved database if any notice sent under Section 11‑208.3 of this Code is returned as undeliverable, and drivers license number of the person who failed to pay the fine or penalty and the registration number of any vehicle known to be registered to such person in this State.
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(2) The name of the municipality making the report
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pursuant to this Section.
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(3) A statement that the municipality sent a notice
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of impending drivers license suspension as prescribed by ordinance enacted pursuant to Section 11‑208.3, to the person named in the report at the address recorded with the Secretary of State or at the last address known to the lessor of the cited vehicle at the time of lease or, if any notice sent under Section 11‑208.3 of this Code is returned as undeliverable, at the last known address recorded in a United States Post Office approved database; the date on which such notice was sent; and the address to which such notice was sent. In a municipality with a population of 1,000,000 or more, the report shall also include a statement that the alleged violator's State vehicle registration number and vehicle make, if specified on the automated traffic law violation notice, are correct as they appear on the citations.
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(d) Any municipality making a certified report to the Secretary of State
pursuant to this Section
shall notify the Secretary of State, in a form prescribed by the
Secretary, whenever a person named in the certified report has paid the
previously reported fine or penalty or whenever the municipality determines
that the original report was in error. A certified copy of such
notification shall also be given upon request and at no additional charge
to the person named therein. Upon receipt of the municipality's
notification or presentation of a certified copy of such notification, the
Secretary of State shall terminate the suspension.
(e) Any municipality making a certified report to the Secretary of State
pursuant to this Section
shall also by ordinance establish procedures for persons to
challenge the accuracy of the certified report. The ordinance shall also
state the grounds for such a challenge, which may be limited to (1) the
person not having been the owner or lessee of the vehicle or vehicles
receiving 10 or more standing, parking, or compliance
violation notices or 5 or more automated traffic law violations on the date or dates such notices were issued; and (2) the
person
having already paid the fine or penalty for the 10 or more standing, parking, or compliance violations or 5 or more automated traffic law violations
indicated on the certified report.
(f) Any municipality, other than a municipality establishing vehicular
standing, parking, and compliance regulations pursuant to
Section 11‑208.3 or automated traffic law regulations under Section 11‑208.6, may also
cause a suspension of a person's drivers license pursuant to this Section.
Such municipality may invoke this sanction by making a certified report to
the Secretary of State upon a person's failure to satisfy any fine or
penalty imposed by final judgment for 10 or more violations of local
standing, parking, or compliance regulations or 5 or more automated traffic law violations after exhaustion
of judicial review
procedures, but only if:
(1) the municipality complies with the provisions of
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this Section in all respects except in regard to enacting an ordinance pursuant to Section 11‑208.3;
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(2) the municipality has sent a notice of impending
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drivers license suspension as prescribed by an ordinance enacted pursuant to subsection (g) of this Section; and
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(3) in municipalities with a population of 1,000,000
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or more, the municipality has verified that the alleged violator's State vehicle registration number and vehicle make are correct as they appear on the citations.
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(g) Any municipality, other than a municipality establishing
standing, parking, and compliance regulations pursuant to
Section 11‑208.3 or automated traffic law regulations under Section 11‑208.6, may provide by
ordinance for the sending of a notice of impending
drivers license suspension to the person who has failed to satisfy any fine
or penalty imposed by final judgment for 10 or more violations of local
standing, parking, or compliance regulations or 5 or more automated traffic law violations after exhaustion
of
judicial review
procedures. An ordinance so providing shall specify that the notice
sent to the person liable for any fine or penalty
shall state that failure to pay the fine or
penalty owing within 45 days of the notice's date will result in the
municipality notifying the Secretary of State that
the person's drivers license is eligible for suspension pursuant to this
Section.
The notice of impending drivers license suspension
shall be sent by first class United States mail, postage prepaid, to the
address
recorded with the Secretary of State or at the last address known to the lessor of the cited vehicle at the time of lease or, if any notice sent under Section 11‑208.3 of this Code is returned as undeliverable, to the last known address recorded in a United States Post Office approved database.
(h) An administrative hearing to contest an impending suspension or a
suspension made pursuant to this Section may be had upon filing a written
request with the Secretary of State. The filing fee for this hearing shall
be $20, to be paid at the time the request is made.
A municipality which files a certified report with the Secretary of
State pursuant to this Section shall reimburse the Secretary for all
reasonable costs incurred by the Secretary as a result of the filing of the
report, including but not limited to the costs of providing the notice
required pursuant to subsection (b) and the costs incurred by the Secretary
in any hearing conducted with respect to the report pursuant to this
subsection and any appeal from such a hearing.
(i) The provisions of this Section shall apply on and after January 1, 1988.
(j) For purposes of this Section, the term "compliance violation" is
defined as in Section 11‑208.3.
(Source: P.A. 94‑294, eff. 1‑1‑06; 94‑795, eff. 5‑22‑06.)
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(625 ILCS 5/6‑306.7)
(Text of Section before amendment by P.A. 94‑218)
Sec. 6‑306.7.
Failure to satisfy fines or penalties for toll violations or
evasions; suspension of driving privileges.
(a) Upon receipt of a certified report, as prescribed by subsection (c) of
this Section, from the Authority stating that the owner of a registered vehicle
has failed to satisfy any fine or penalty resulting from a final order issued
by the Authority relating directly or indirectly to 5 or more toll violations,
toll evasions, or both, the Secretary of State shall suspend the
driving privileges of the person in
accordance with the procedures set forth in this Section.
(b) Following receipt of the certified report of the Authority as specified
in the Section, the Secretary of State shall notify the person whose name
appears on the certified report that the person's driver's license
will be suspended at the end of a specified period
unless the Secretary of State is presented with a notice from the
Authority certifying that the fines or penalties owing the Authority have been
satisfied or that inclusion of that person's name on the certified report was
in error. The Secretary's notice shall state in substance the information
contained in the Authority's certified report to the Secretary, and shall be
effective as specified by subsection (c) of Section 6‑211 of this Code.
(c) The report from the Authority notifying the Secretary of unsatisfied
fines
or penalties pursuant to this Section shall be certified and shall contain the
following:
(1) The name, last known address, and driver's
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license number of the person who failed to satisfy the fines or penalties and the registration number of any vehicle known to be registered in this State to that person.
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(2) A statement that the Authority sent a notice of
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impending suspension of the person's driver's license, vehicle registration, or both, as prescribed by rules enacted pursuant to subsection (a‑5) of Section 10 of the Toll Highway Act, to the person named in the report at the address recorded with the Secretary of State; the date on which the notice was sent; and the address to which the notice was sent.
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(d) The Authority, after making a certified report to the Secretary
pursuant to this Section, shall notify the Secretary, on a form prescribed by
the Secretary, whenever a person named in the certified report has satisfied
the previously reported fines or penalties or whenever the Authority determines
that the original report was in error. A certified copy of the notification
shall also be given upon request and at no additional charge to the person
named therein. Upon receipt of the Authority's notification or presentation of
a certified copy of the notification, the Secretary shall terminate
the suspension.
(e) The Authority shall, by rule, establish procedures for persons to
challenge the accuracy of the certified report made pursuant to this Section.
The
rule shall also provide the grounds for a challenge, which may be
limited to:
(1) the person not having been the owner or lessee
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of the vehicle or vehicles receiving 5 or more toll violations or toll evasion notices on the date or dates the notices were issued; or
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(2) the person having already satisfied the fines or
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penalties for the 5 or more toll violations or toll evasions indicated on the certified report.
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(f) All notices sent by the Authority to persons involved in administrative
adjudications, hearings, and final orders issued pursuant to rules
implementing subsection (a‑5) of Section 10 of the Toll Highway Act shall state
that failure
to satisfy any fine or penalty imposed by the Authority shall result in the
Secretary of State suspending the driving privileges, vehicle registration,
or both, of the person failing to satisfy the fines or penalties imposed by the
Authority.
(g) A person may request an administrative hearing to contest an impending
suspension or a
suspension made
pursuant to this Section upon filing a written request with the
Secretary. The filing fee for this hearing is $20, to be paid
at the time of the request. The Authority shall reimburse the Secretary
for all reasonable costs incurred by the Secretary as a result of the
filing of a certified report pursuant to this Section, including, but not
limited to, the costs of providing notice required pursuant to subsection (b)
and the costs incurred
by the Secretary in any hearing conducted with respect to the report pursuant
to this subsection and any appeal from that hearing.
(h) The Secretary and the Authority may promulgate rules to enable
them to carry out their duties under this Section.
(i) The Authority shall cooperate with the Secretary in the
administration of this Section and shall provide the Secretary with any
information the Secretary may deem necessary for these purposes, including
regular and timely access to toll violation enforcement records.
The Secretary shall cooperate with the Authority in the
administration of this Section and shall provide the Authority with any
information the Authority may deem necessary for the purposes of this Section,
including regular and timely access to vehicle registration records. Section
2‑123 of this Code shall not apply to the provision of this information, but
the Secretary shall be reimbursed for the cost of providing this information.
(j) For purposes of this Section, the term "Authority" means the
Illinois State Toll Highway Authority.
(Source: P.A. 91‑277, eff. 1‑1‑00.)
(Text of Section after amendment by P.A. 94‑218)
Sec. 6‑306.7. Failure to satisfy fines or penalties for toll violations or
evasions; suspension of driving privileges.
(a) Upon receipt of a certified report, as prescribed by subsection (c) of
this Section, from the Authority stating that the owner of a registered vehicle
has failed to satisfy any fine or penalty resulting from a final order issued
by the Authority relating directly or indirectly to 5 or more toll violations,
toll evasions, or both, the Secretary of State shall suspend the
driving privileges of the person in
accordance with the procedures set forth in this Section.
(b) Following receipt of the certified report of the Authority as specified
in the Section, the Secretary of State shall notify the person whose name
appears on the certified report that the person's driver's license
will be suspended at the end of a specified period
unless the Secretary of State is presented with a notice from the
Authority certifying that the fines or penalties owing the Authority have been
satisfied or that inclusion of that person's name on the certified report was
in error. The Secretary's notice shall state in substance the information
contained in the Authority's certified report to the Secretary, and shall be
effective as specified by subsection (c) of Section 6‑211 of this Code, except as to those drivers who also have been issued a CDL. If a person also has been issued a CDL, notice of suspension of that person's driver's license must be given in writing by certified mail and is effective on the date listed in the notice of suspension, except that the notice is not effective until 4 days after the date on which the notice was deposited into the United States mail. The notice becomes effective 4 days after its deposit into the United States mail regardless of whether the Secretary of State receives the return receipt and regardless of whether the written notification is returned for any reason to the Secretary of State as undeliverable.
(c) The report from the Authority notifying the Secretary of unsatisfied
fines
or penalties pursuant to this Section shall be certified and shall contain the
following:
(1) The name, last known address, and driver's
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license number of the person who failed to satisfy the fines or penalties and the registration number of any vehicle known to be registered in this State to that person.
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(2) A statement that the Authority sent a notice of
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impending suspension of the person's driver's license, vehicle registration, or both, as prescribed by rules enacted pursuant to subsection (a‑5) of Section 10 of the Toll Highway Act, to the person named in the report at the address recorded with the Secretary of State; the date on which the notice was sent; and the address to which the notice was sent.
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(d) The Authority, after making a certified report to the Secretary
pursuant to this Section, shall notify the Secretary, on a form prescribed by
the Secretary, whenever a person named in the certified report has satisfied
the previously reported fines or penalties or whenever the Authority determines
that the original report was in error. A certified copy of the notification
shall also be given upon request and at no additional charge to the person
named therein. Upon receipt of the Authority's notification or presentation of
a certified copy of the notification, the Secretary shall terminate
the suspension.
(e) The Authority shall, by rule, establish procedures for persons to
challenge the accuracy of the certified report made pursuant to this Section.
The
rule shall also provide the grounds for a challenge, which may be
limited to:
(1) the person not having been the owner or lessee
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of the vehicle or vehicles receiving 5 or more toll violations or toll evasion notices on the date or dates the notices were issued; or
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(2) the person having already satisfied the fines or
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penalties for the 5 or more toll violations or toll evasions indicated on the certified report.
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(f) All notices sent by the Authority to persons involved in administrative
adjudications, hearings, and final orders issued pursuant to rules
implementing subsection (a‑5) of Section 10 of the Toll Highway Act shall state
that failure
to satisfy any fine or penalty imposed by the Authority shall result in the
Secretary of State suspending the driving privileges, vehicle registration,
or both, of the person failing to satisfy the fines or penalties imposed by the
Authority.
(g) A person may request an administrative hearing to contest an impending
suspension or a
suspension made
pursuant to this Section upon filing a written request with the
Secretary. The filing fee for this hearing is $20, to be paid
at the time of the request. The Authority shall reimburse the Secretary
for all reasonable costs incurred by the Secretary as a result of the
filing of a certified report pursuant to this Section, including, but not
limited to, the costs of providing notice required pursuant to subsection (b)
and the costs incurred
by the Secretary in any hearing conducted with respect to the report pursuant
to this subsection and any appeal from that hearing.
(h) The Secretary and the Authority may promulgate rules to enable
them to carry out their duties under this Section.
(i) The Authority shall cooperate with the Secretary in the
administration of this Section and shall provide the Secretary with any
information the Secretary may deem necessary for these purposes, including
regular and timely access to toll violation enforcement records.
The Secretary shall cooperate with the Authority in the
administration of this Section and shall provide the Authority with any
information the Authority may deem necessary for the purposes of this Section,
including regular and timely access to vehicle registration records. Section
2‑123 of this Code shall not apply to the provision of this information, but
the Secretary shall be reimbursed for the cost of providing this information.
(j) For purposes of this Section, the term "Authority" means the
Illinois State Toll Highway Authority.
(Source: P.A. 94‑218, eff. 7‑1‑06.)
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