There is a newer version of the Illinois Compiled Statutes
2010 Illinois Code
CHAPTER 625 VEHICLES
625 ILCS 5/ Illinois Vehicle Code.
Chapter 7 - Illinois Safety And Family Financial Responsibility Law
(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.) |
(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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2. What amount of security shall be sufficient to | ||
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(Source: P.A. 95‑754, eff. 1‑1‑09.) |
(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.) |
(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.) |
(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.) |
(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.) |
(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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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. 95‑754, eff. 1‑1‑09.) |
(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.) |
(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.) |
(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.) |
(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.) |
(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.) |
(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.) |
(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.) |
(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.) |
(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.) |
(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.) |
(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.) |
(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.) |
(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.) |
(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.) |
(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.) |
(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.) |
(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.) |
(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.) |
(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.) |
(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.) |
(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.) |
(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.) |
(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.) |
(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.) |
(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.) |
(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.) |
(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.) |
(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.) |
(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.) |
(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.) |
(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.) |
(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.) |
(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.) |
(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.) |
(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.) |
(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.) |
(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.) |
(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.) |
(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.) |
(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.) |
(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.) |
(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.) |
(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.) |
(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.) |
(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.) |
(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.) |
(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.) |
(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.) |
(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.) |
(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.) |
(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.) |
(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.) |
(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.) |
(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.) |
(625 ILCS 5/7‑611) (from Ch. 95 1/2, par. 7‑611) Sec. 7‑611. (Repealed.) (Source: Repealed by 88‑315.) |
(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.) |
(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.) |
(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.) |
(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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