Bill Text: IL SB1441 | 2015-2016 | 99th General Assembly | Chaptered

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Bill Title: Amends the Illinois Vehicle Code. Provides that no towing service shall engage in the removal of commercial motor vehicles requiring a commercial driver's license by operating the vehicle under its own power, unless authorized by a law enforcement officer. Allows a law enforcement officer issuing a citation to a driver for operating an uninsured motor vehicle to authorize the removal and impoundment of the vehicle by a towing service if the driver has a prior conviction for driving without insurance in the past 12 months, unless the vehicle is exempt from the insurance requirements of the Code. Provides that law enforcement agencies patrolling highways in this State shall establish tow rotation lists of towing services, and requires officers of those agencies to utilize the tow rotation lists to select a towing service for officer initiated tows. Provides criteria for inclusion on a tow rotation list, including licensing, insurance requirements, and submission of fingerprints for the purpose of a criminal history check. Provides that a tower that stops for the purpose of soliciting a towing service transaction or without being summoned by a law enforcement officer shall be subject to a fine, shall have his or her driver's license suspended for 3 months, and shall not be reinstated until the payment of a reinstatement fee. If a person's license is already suspended at the time of the violation, his or her driver's license shall be suspended for 6 months, and shall not be reinstated until the payment of a reinstatement fee. Provides that towers that misrepresent their affiliation with a law enforcement agency's tow rotation list shall be subject to license suspension and a fine up to $1000.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2015-08-21 - Public Act . . . . . . . . . 99-0438 [SB1441 Detail]

Download: Illinois-2015-SB1441-Chaptered.html

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Public Act 099-0438
SB1441 Enrolled LRB099 07079 RJF 27163 b
AN ACT concerning transportation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Vehicle Code is amended by changing
Sections 4-203, 6-118, 11-1431, 18a-300, and 18d-153 and by
adding Section 4-203.5 as follows:
(625 ILCS 5/4-203) (from Ch. 95 1/2, par. 4-203)
Sec. 4-203. Removal of motor vehicles or other vehicles;
Towing or hauling away.
(a) When a vehicle is abandoned, or left unattended, on a
toll highway, interstate highway, or expressway for 2 hours or
more, its removal by a towing service may be authorized by a
law enforcement agency having jurisdiction.
(b) When a vehicle is abandoned on a highway in an urban
district 10 hours or more, its removal by a towing service may
be authorized by a law enforcement agency having jurisdiction.
(c) When a vehicle is abandoned or left unattended on a
highway other than a toll highway, interstate highway, or
expressway, outside of an urban district for 24 hours or more,
its removal by a towing service may be authorized by a law
enforcement agency having jurisdiction.
(d) When an abandoned, unattended, wrecked, burned or
partially dismantled vehicle is creating a traffic hazard

because of its position in relation to the highway or its
physical appearance is causing the impeding of traffic, its
immediate removal from the highway or private property adjacent
to the highway by a towing service may be authorized by a law
enforcement agency having jurisdiction.
(e) Whenever a peace officer reasonably believes that a
person under arrest for a violation of Section 11-501 of this
Code or a similar provision of a local ordinance is likely,
upon release, to commit a subsequent violation of Section
11-501, or a similar provision of a local ordinance, the
arresting officer shall have the vehicle which the person was
operating at the time of the arrest impounded for a period of
not more than 12 hours after the time of arrest. However, such
vehicle may be released by the arresting law enforcement agency
prior to the end of the impoundment period if:
(1) the vehicle was not owned by the person under
arrest, and the lawful owner requesting such release
possesses a valid operator's license, proof of ownership,
and would not, as determined by the arresting law
enforcement agency, indicate a lack of ability to operate a
motor vehicle in a safe manner, or who would otherwise, by
operating such motor vehicle, be in violation of this Code;
or
(2) the vehicle is owned by the person under arrest,
and the person under arrest gives permission to another
person to operate such vehicle, provided however, that the

other person possesses a valid operator's license and would
not, as determined by the arresting law enforcement agency,
indicate a lack of ability to operate a motor vehicle in a
safe manner or who would otherwise, by operating such motor
vehicle, be in violation of this Code.
(e-5) Whenever a registered owner of a vehicle is taken
into custody for operating the vehicle in violation of Section
11-501 of this Code or a similar provision of a local ordinance
or Section 6-303 of this Code, a law enforcement officer may
have the vehicle immediately impounded for a period not less
than:
(1) 24 hours for a second violation of Section 11-501
of this Code or a similar provision of a local ordinance or
Section 6-303 of this Code or a combination of these
offenses; or
(2) 48 hours for a third violation of Section 11-501 of
this Code or a similar provision of a local ordinance or
Section 6-303 of this Code or a combination of these
offenses.
The vehicle may be released sooner if the vehicle is owned
by the person under arrest and the person under arrest gives
permission to another person to operate the vehicle and that
other person possesses a valid operator's license and would
not, as determined by the arresting law enforcement agency,
indicate a lack of ability to operate a motor vehicle in a safe
manner or would otherwise, by operating the motor vehicle, be

in violation of this Code.
(f) Except as provided in Chapter 18a of this Code, the
owner or lessor of privately owned real property within this
State, or any person authorized by such owner or lessor, or any
law enforcement agency in the case of publicly owned real
property may cause any motor vehicle abandoned or left
unattended upon such property without permission to be removed
by a towing service without liability for the costs of removal,
transportation or storage or damage caused by such removal,
transportation or storage. The towing or removal of any vehicle
from private property without the consent of the registered
owner or other legally authorized person in control of the
vehicle is subject to compliance with the following conditions
and restrictions:
1. Any towed or removed vehicle must be stored at the
site of the towing service's place of business. The site
must be open during business hours, and for the purpose of
redemption of vehicles, during the time that the person or
firm towing such vehicle is open for towing purposes.
2. The towing service shall within 30 minutes of
completion of such towing or removal, notify the law
enforcement agency having jurisdiction of such towing or
removal, and the make, model, color and license plate
number of the vehicle, and shall obtain and record the name
of the person at the law enforcement agency to whom such
information was reported.

3. If the registered owner or legally authorized person
entitled to possession of the vehicle shall arrive at the
scene prior to actual removal or towing of the vehicle, the
vehicle shall be disconnected from the tow truck and that
person shall be allowed to remove the vehicle without
interference, upon the payment of a reasonable service fee
of not more than one half the posted rate of the towing
service as provided in paragraph 6 of this subsection, for
which a receipt shall be given.
4. The rebate or payment of money or any other valuable
consideration from the towing service or its owners,
managers or employees to the owners or operators of the
premises from which the vehicles are towed or removed, for
the privilege of removing or towing those vehicles, is
prohibited. Any individual who violates this paragraph
shall be guilty of a Class A misdemeanor.
5. Except for property appurtenant to and obviously a
part of a single family residence, and except for instances
where notice is personally given to the owner or other
legally authorized person in control of the vehicle that
the area in which that vehicle is parked is reserved or
otherwise unavailable to unauthorized vehicles and they
are subject to being removed at the owner or operator's
expense, any property owner or lessor, prior to towing or
removing any vehicle from private property without the
consent of the owner or other legally authorized person in

control of that vehicle, must post a notice meeting the
following requirements:
a. Except as otherwise provided in subparagraph
a.1 of this subdivision (f)5, the notice must be
prominently placed at each driveway access or curb cut
allowing vehicular access to the property within 5 feet
from the public right-of-way line. If there are no
curbs or access barriers, the sign must be posted not
less than one sign each 100 feet of lot frontage.
a.1. In a municipality with a population of less
than 250,000, as an alternative to the requirement of
subparagraph a of this subdivision (f)5, the notice for
a parking lot contained within property used solely for
a 2-family, 3-family, or 4-family residence may be
prominently placed at the perimeter of the parking lot,
in a position where the notice is visible to the
occupants of vehicles entering the lot.
b. The notice must indicate clearly, in not less
than 2 inch high light-reflective letters on a
contrasting background, that unauthorized vehicles
will be towed away at the owner's expense.
c. The notice must also provide the name and
current telephone number of the towing service towing
or removing the vehicle.
d. The sign structure containing the required
notices must be permanently installed with the bottom

of the sign not less than 4 feet above ground level,
and must be continuously maintained on the property for
not less than 24 hours prior to the towing or removing
of any vehicle.
6. Any towing service that tows or removes vehicles and
proposes to require the owner, operator, or person in
control of the vehicle to pay the costs of towing and
storage prior to redemption of the vehicle must file and
keep on record with the local law enforcement agency a
complete copy of the current rates to be charged for such
services, and post at the storage site an identical rate
schedule and any written contracts with property owners,
lessors, or persons in control of property which authorize
them to remove vehicles as provided in this Section. The
towing and storage charges, however, shall not exceed the
maximum allowed by the Illinois Commerce Commission under
Section 18a-200.
7. No person shall engage in the removal of vehicles
from private property as described in this Section without
filing a notice of intent in each community where he
intends to do such removal, and such notice shall be filed
at least 7 days before commencing such towing.
8. No removal of a vehicle from private property shall
be done except upon express written instructions of the
owners or persons in charge of the private property upon
which the vehicle is said to be trespassing.

9. Vehicle entry for the purpose of removal shall be
allowed with reasonable care on the part of the person or
firm towing the vehicle. Such person or firm shall be
liable for any damages occasioned to the vehicle if such
entry is not in accordance with the standards of reasonable
care.
9.5. Except as authorized by a law enforcement officer,
no towing service shall engage in the removal of a
commercial motor vehicle that requires a commercial
driver's license to operate by operating the vehicle under
its own power on a highway.
10. When a vehicle has been towed or removed pursuant
to this Section, it must be released to its owner or
custodian within one half hour after requested, if such
request is made during business hours. Any vehicle owner or
custodian or agent shall have the right to inspect the
vehicle before accepting its return, and no release or
waiver of any kind which would release the towing service
from liability for damages incurred during the towing and
storage may be required from any vehicle owner or other
legally authorized person as a condition of release of the
vehicle. A detailed, signed receipt showing the legal name
of the towing service must be given to the person paying
towing or storage charges at the time of payment, whether
requested or not.
This Section shall not apply to law enforcement,

firefighting, rescue, ambulance, or other emergency vehicles
which are marked as such or to property owned by any
governmental entity.
When an authorized person improperly causes a motor vehicle
to be removed, such person shall be liable to the owner or
lessee of the vehicle for the cost or removal, transportation
and storage, any damages resulting from the removal,
transportation and storage, attorney's fee and court costs.
Any towing or storage charges accrued shall be payable by
the use of any major credit card, in addition to being payable
in cash.
11. Towing companies shall also provide insurance
coverage for areas where vehicles towed under the
provisions of this Chapter will be impounded or otherwise
stored, and shall adequately cover loss by fire, theft or
other risks.
Any person who fails to comply with the conditions and
restrictions of this subsection shall be guilty of a Class C
misdemeanor and shall be fined not less than $100 nor more than
$500.
(g)(1) When a vehicle is determined to be a hazardous
dilapidated motor vehicle pursuant to Section 11-40-3.1 of the
Illinois Municipal Code or Section 5-12002.1 of the Counties
Code, its removal and impoundment by a towing service may be
authorized by a law enforcement agency with appropriate
jurisdiction.

(2) When a vehicle removal from either public or private
property is authorized by a law enforcement agency, the owner
of the vehicle shall be responsible for all towing and storage
charges.
(3) Vehicles removed from public or private property and
stored by a commercial vehicle relocator or any other towing
service authorized by a law enforcement agency in compliance
with this Section and Sections 4-201 and 4-202 of this Code, or
at the request of the vehicle owner or operator, shall be
subject to a possessor lien for services pursuant to the Labor
and Storage Lien (Small Amount) Act. The provisions of Section
1 of that Act relating to notice and implied consent shall be
deemed satisfied by compliance with Section 18a-302 and
subsection (6) of Section 18a-300. In no event shall such lien
be greater than the rate or rates established in accordance
with subsection (6) of Section 18a-200 of this Code. In no
event shall such lien be increased or altered to reflect any
charge for services or materials rendered in addition to those
authorized by this Act. Every such lien shall be payable by use
of any major credit card, in addition to being payable in cash.
(4) Any personal property belonging to the vehicle owner in
a vehicle subject to a lien under this subsection (g) shall
likewise be subject to that lien, excepting only: child
restraint systems as defined in Section 4 of the Child
Passenger Protection Act and other child booster seats;
eyeglasses; food; medicine; perishable property; any

operator's licenses; any cash, credit cards, or checks or
checkbooks; any wallet, purse, or other property containing any
operator's license or other identifying documents or
materials, cash, credit cards, checks, or checkbooks; and any
personal property belonging to a person other than the vehicle
owner if that person provides adequate proof that the personal
property belongs to that person. The spouse, child, mother,
father, brother, or sister of the vehicle owner may claim
personal property excepted under this paragraph (4) if the
person claiming the personal property provides the commercial
vehicle relocator or towing service with the authorization of
the vehicle owner.
(5) This paragraph (5) applies only in the case of a
vehicle that is towed as a result of being involved in an
accident. In addition to the personal property excepted under
paragraph (4), all other personal property in a vehicle subject
to a lien under this subsection (g) is exempt from that lien
and may be claimed by the vehicle owner if the vehicle owner
provides the commercial vehicle relocator or towing service
with proof that the vehicle owner has an insurance policy
covering towing and storage fees. The spouse, child, mother,
father, brother, or sister of the vehicle owner may claim
personal property in a vehicle subject to a lien under this
subsection (g) if the person claiming the personal property
provides the commercial vehicle relocator or towing service
with the authorization of the vehicle owner and proof that the

vehicle owner has an insurance policy covering towing and
storage fees. The regulation of liens on personal property and
exceptions to those liens in the case of vehicles towed as a
result of being involved in an accident are exclusive powers
and functions of the State. A home rule unit may not regulate
liens on personal property and exceptions to those liens in the
case of vehicles towed as a result of being involved in an
accident. This paragraph (5) is a denial and limitation of home
rule powers and functions under subsection (h) of Section 6 of
Article VII of the Illinois Constitution.
(6) No lien under this subsection (g) shall: exceed $2,000
in its total amount; or be increased or altered to reflect any
charge for services or materials rendered in addition to those
authorized by this Act.
(h) Whenever a peace officer issues a citation to a driver
for a violation of subsection (a) of Section 11-506 of this
Code, the arresting officer may have the vehicle which the
person was operating at the time of the arrest impounded for a
period of 5 days after the time of arrest. An impounding agency
shall release a motor vehicle impounded under this subsection
(h) to the registered owner of the vehicle under any of the
following circumstances:
(1) If the vehicle is a stolen vehicle; or
(2) If the person ticketed for a violation of
subsection (a) of Section 11-506 of this Code was not
authorized by the registered owner of the vehicle to

operate the vehicle at the time of the violation; or
(3) If the registered owner of the vehicle was neither
the driver nor a passenger in the vehicle at the time of
the violation or was unaware that the driver was using the
vehicle to engage in street racing; or
(4) If the legal owner or registered owner of the
vehicle is a rental car agency; or
(5) If, prior to the expiration of the impoundment
period specified above, the citation is dismissed or the
defendant is found not guilty of the offense.
(i) Except for vehicles exempted under subsection (b) of
Section 7-601 of this Code, whenever a law enforcement officer
issues a citation to a driver for a violation of Section 3-707
of this Code, and the driver has a prior conviction for a
violation of Section 3-707 of this Code in the past 12 months,
the arresting officer shall authorize the removal and
impoundment of the vehicle by a towing service.
(Source: P.A. 96-1274, eff. 7-26-10; 96-1506, eff. 1-27-11;
97-779, eff. 7-13-12.)
(625 ILCS 5/4-203.5 new)
Sec. 4-203.5. Tow rotation list.
(a) Each law enforcement agency whose duties include the
patrol of highways in this State shall maintain a tow rotation
list which shall be used by law enforcement officers
authorizing the tow of a vehicle within the jurisdiction of the

law enforcement agency. To ensure adequate response time, a law
enforcement agency may maintain multiple tow rotation lists,
with each tow rotation list covering tows authorized in
different geographic locations within the jurisdiction of the
law enforcement agency. A towing service may be included on
more than one tow rotation list.
(b) Any towing service operating within the jurisdiction of
a law enforcement agency may submit an application in a form
and manner prescribed by the law enforcement agency for
inclusion on the law enforcement agency's tow rotation list.
The towing service does not need to be located within the
jurisdiction of the law enforcement agency. To be included on a
tow rotation list the towing service must meet the following
requirements:
(1) possess a license permitting the towing service to
operate in every unit of local government in the law
enforcement agency's jurisdiction that requires a license
for the operation of a towing service;
(2) if required by the law enforcement agency for
inclusion on that law enforcement agency's tow rotation
list, each owner of the towing service and each person
operating a vehicle on behalf of the towing service shall
submit his or her fingerprints to the Department of State
Police in the form and manner prescribed by the Department
of State Police. These fingerprints should be transmitted
through a live scan fingerprint vendor licensed by the

Department of Financial and Professional Regulation. These
fingerprints shall be checked against the fingerprint
records now and hereafter filed in the Department of State
Police and Federal Bureau of Investigation criminal
history records databases. The Department of State Police
shall charge a fee for conducting the criminal history
record check, which shall be deposited in the State Police
Services Fund and shall not exceed the actual cost of the
State and national criminal history record check. The
Department of State Police shall furnish, pursuant to
positive identification, all Illinois conviction
information to the law enforcement agency maintaining the
tow rotation list and shall forward the national criminal
history record information to the law enforcement agency
maintaining the tow rotation list. A person may not own a
towing service or operate a vehicle on behalf of a towing
service included on a tow rotation list if that person has
been convicted during the 5 years preceding the application
of a criminal offense involving one or more of the
following:
(A) bodily injury or attempt to inflict bodily
injury to another person;
(B) theft of property or attempted theft of
property; or
(C) sexual assault or attempted sexual assault of
any kind;

(3) each person operating a vehicle on behalf of the
towing service must be classified for the type of towing
operation he or she shall be performing and the vehicle he
or she shall be operating;
(4) possess and maintain the following insurance in
addition to any other insurance required by law:
(A) comprehensive automobile liability insurance
with a minimum combined single limit coverage of
$1,000,000;
(B) commercial general liability insurance with
limits of not less than $1,000,000 per occurrence,
$100,000 minimum garage keepers legal liability
insurance, and $100,000 minimum on-hook coverage or
cargo insurance; and
(C) a worker's compensation policy covering every
person operating a tow truck on behalf of the towing
service, if required under current law;
(5) possess a secure parking lot used for short-term
vehicle storage after a vehicle is towed that is open
during business hours and is equipped with security
features as required by the law enforcement agency;
(6) utilize only vehicles that possess a valid vehicle
registration, display a valid Illinois license plate in
accordance with Section 5-202 of this Code, and comply with
the weight requirements of this Code;
(7) every person operating a towing or recovery vehicle

on behalf of the towing service must have completed a
Traffic Incident Management Training Program approved by
the Department of Transportation;
(8) hold a valid authority issued to it by the Illinois
Commerce Commission;
(9) comply with all other applicable federal, State,
and local laws; and
(10) comply with any additional requirements the
applicable law enforcement agency deems necessary.
The law enforcement agency may select which towing services
meeting the requirements of this subsection (b) shall be
included on a tow rotation list. The law enforcement agency may
choose to have only one towing service on its tow rotation
list. Complaints regarding the process for inclusion on a tow
rotation list or the use of a tow rotation list may be referred
in writing to the head of the law enforcement agency
administering that tow rotation list. The head of the law
enforcement agency shall make the final determination as to
which qualified towing services shall be included on a tow
rotation list, and shall not be held liable for the exclusion
of any towing service from a tow rotation list.
(c) Whenever a law enforcement officer initiates a tow of a
vehicle, the officer shall contact his or her law enforcement
agency and inform the agency that a tow has been authorized.
The law enforcement agency shall then select a towing service
from the law enforcement agency's tow rotation list

corresponding to the geographical area where the tow was
authorized, and shall contact that towing service directly by
phone, computer, or similar means. Towing services shall be
contacted in the order listed on the appropriate tow rotation
list, at which point the towing service shall be placed at the
end of that tow rotation list. In the event a listed towing
service is not available, the next listed towing service on
that tow rotation list shall be contacted.
(d) A law enforcement agency may deviate from the order
listed on a tow rotation list if the towing service next on
that tow rotation list is, in the judgment of the authorizing
officer or the law enforcement agency making the selection,
incapable of or not properly equipped for handling a specific
task related to the tow that requires special skills or
equipment. A deviation from the order listed on the tow
rotation list for this reason shall not cause a loss of
rotation turn by the towing service determined to be incapable
or not properly equipped for handling the request.
(e) In the event of an emergency a law enforcement officer
or agency, taking into account the safety and location of the
situation, may deviate from the order of the tow rotation list
and obtain towing service from any source deemed appropriate.
(f) If the owner or operator of a disabled vehicle is
present at the scene of the disabled vehicle, is not under
arrest, and does not abandon his or her vehicle, and in the law
enforcement officer's opinion the disabled vehicle is not

impeding or obstructing traffic, illegally parked, or posing a
security or safety risk, the law enforcement officer shall
allow the owner of the vehicle to specify a towing service to
relocate the disabled vehicle. If the owner chooses not to
specify a towing service, the law enforcement agency shall
select a towing service for the vehicle as provided in
subsection (c) of this Section.
(g) If a tow operator is present or arrives where a tow is
needed and it has not been requested by the law enforcement
agency or the owner or operator, the law enforcement officer,
unless acting under Section 11-1431 of this Code, shall advise
the tow operator to leave the scene.
(h) Nothing contained in this Section shall apply to a law
enforcement agency having jurisdiction solely over a
municipality with a population over 1,000,000.
(625 ILCS 5/6-118)
(Text of Section before amendment by P.A. 98-176)
Sec. 6-118. Fees.
(a) The fee for licenses and permits under this Article is
as follows:
Original driver's license.............................$30
Original or renewal driver's license
issued to 18, 19 and 20 year olds.................. 5
All driver's licenses for persons
age 69 through age 80.............................. 5

All driver's licenses for persons
age 81 through age 86.............................. 2
All driver's licenses for persons
age 87 or older.....................................0
Renewal driver's license (except for
applicants ages 18, 19 and 20 or
age 69 and older)..................................30
Original instruction permit issued to
persons (except those age 69 and older)
who do not hold or have not previously
held an Illinois instruction permit or
driver's license.................................. 20
Instruction permit issued to any person
holding an Illinois driver's license
who wishes a change in classifications,
other than at the time of renewal.................. 5
Any instruction permit issued to a person
age 69 and older................................... 5
Instruction permit issued to any person,
under age 69, not currently holding a
valid Illinois driver's license or
instruction permit but who has
previously been issued either document
in Illinois....................................... 10
Restricted driving permit.............................. 8
Monitoring device driving permit...................... 8

Duplicate or corrected driver's license
or permit.......................................... 5
Duplicate or corrected restricted
driving permit..................................... 5
Duplicate or corrected monitoring
device driving permit.................................. 5
Duplicate driver's license or permit issued to
an active-duty member of the
United States Armed Forces,
the member's spouse, or
the dependent children living
with the member................................... 0
Original or renewal M or L endorsement................. 5
SPECIAL FEES FOR COMMERCIAL DRIVER'S LICENSE
The fees for commercial driver licenses and permits
under Article V shall be as follows:
Commercial driver's license:
$6 for the CDLIS/AAMVAnet/NMVTIS Trust Fund
(Commercial Driver's License Information
System/American Association of Motor Vehicle
Administrators network/National Motor Vehicle
Title Information Service Trust Fund);
$20 for the Motor Carrier Safety Inspection Fund;
$10 for the driver's license;
and $24 for the CDL:............................. $60
Renewal commercial driver's license:

$6 for the CDLIS/AAMVAnet/NMVTIS Trust Fund;
$20 for the Motor Carrier Safety Inspection Fund;
$10 for the driver's license; and
$24 for the CDL:................................. $60
Commercial driver instruction permit
issued to any person holding a valid
Illinois driver's license for the
purpose of changing to a
CDL classification: $6 for the
CDLIS/AAMVAnet/NMVTIS Trust Fund;
$20 for the Motor Carrier
Safety Inspection Fund; and
$24 for the CDL classification................... $50
Commercial driver instruction permit
issued to any person holding a valid
Illinois CDL for the purpose of
making a change in a classification,
endorsement or restriction........................ $5
CDL duplicate or corrected license.................... $5
In order to ensure the proper implementation of the Uniform
Commercial Driver License Act, Article V of this Chapter, the
Secretary of State is empowered to pro-rate the $24 fee for the
commercial driver's license proportionate to the expiration
date of the applicant's Illinois driver's license.
The fee for any duplicate license or permit shall be waived
for any person who presents the Secretary of State's office

with a police report showing that his license or permit was
stolen.
The fee for any duplicate license or permit shall be waived
for any person age 60 or older whose driver's license or permit
has been lost or stolen.
No additional fee shall be charged for a driver's license,
or for a commercial driver's license, when issued to the holder
of an instruction permit for the same classification or type of
license who becomes eligible for such license.
(b) Any person whose license or privilege to operate a
motor vehicle in this State has been suspended or revoked under
Section 3-707, any provision of Chapter 6, Chapter 11, or
Section 7-205, 7-303, or 7-702 of the Family Financial
Responsibility Law of this Code, shall in addition to any other
fees required by this Code, pay a reinstatement fee as follows:
Suspension under Section 3-707..................... $100
Summary suspension under Section 11-501.1...........$250
Suspension under Section 11-501.9...................$250
Summary revocation under Section 11-501.1............$500
Other suspension......................................$70
Revocation...........................................$500
However, any person whose license or privilege to operate a
motor vehicle in this State has been suspended or revoked for a
second or subsequent time for a violation of Section 11-501,
11-501.1, or 11-501.9 of this Code or a similar provision of a
local ordinance or a similar out-of-state offense or Section

9-3 of the Criminal Code of 1961 or the Criminal Code of 2012
and each suspension or revocation was for a violation of
Section 11-501, 11-501.1, or 11-501.9 of this Code or a similar
provision of a local ordinance or a similar out-of-state
offense or Section 9-3 of the Criminal Code of 1961 or the
Criminal Code of 2012 shall pay, in addition to any other fees
required by this Code, a reinstatement fee as follows:
Summary suspension under Section 11-501.1............$500
Suspension under Section 11-501.9...................$500
Summary revocation under Section 11-501.1............$500
Revocation...........................................$500
(c) All fees collected under the provisions of this Chapter
6 shall be paid into the Road Fund in the State Treasury except
as follows:
1. The following amounts shall be paid into the Driver
Education Fund:
(A) $16 of the $20 fee for an original driver's
instruction permit;
(B) $5 of the $30 fee for an original driver's
license;
(C) $5 of the $30 fee for a 4 year renewal driver's
license;
(D) $4 of the $8 fee for a restricted driving
permit; and
(E) $4 of the $8 fee for a monitoring device
driving permit.

2. $30 of the $250 fee for reinstatement of a license
summarily suspended under Section 11-501.1 or suspended
under Section 11-501.9 shall be deposited into the Drunk
and Drugged Driving Prevention Fund. However, for a person
whose license or privilege to operate a motor vehicle in
this State has been suspended or revoked for a second or
subsequent time for a violation of Section 11-501,
11-501.1, or 11-501.9 of this Code or Section 9-3 of the
Criminal Code of 1961 or the Criminal Code of 2012, $190 of
the $500 fee for reinstatement of a license summarily
suspended under Section 11-501.1 or suspended under
Section 11-501.9, and $190 of the $500 fee for
reinstatement of a revoked license shall be deposited into
the Drunk and Drugged Driving Prevention Fund. $190 of the
$500 fee for reinstatement of a license summarily revoked
pursuant to Section 11-501.1 shall be deposited into the
Drunk and Drugged Driving Prevention Fund.
3. $6 of such original or renewal fee for a commercial
driver's license and $6 of the commercial driver
instruction permit fee when such permit is issued to any
person holding a valid Illinois driver's license, shall be
paid into the CDLIS/AAMVAnet/NMVTIS Trust Fund.
4. $30 of the $70 fee for reinstatement of a license
suspended under the Family Financial Responsibility Law
shall be paid into the Family Responsibility Fund.
5. The $5 fee for each original or renewal M or L

endorsement shall be deposited into the Cycle Rider Safety
Training Fund.
6. $20 of any original or renewal fee for a commercial
driver's license or commercial driver instruction permit
shall be paid into the Motor Carrier Safety Inspection
Fund.
7. The following amounts shall be paid into the General
Revenue Fund:
(A) $190 of the $250 reinstatement fee for a
summary suspension under Section 11-501.1 or a
suspension under Section 11-501.9;
(B) $40 of the $70 reinstatement fee for any other
suspension provided in subsection (b) of this Section;
and
(C) $440 of the $500 reinstatement fee for a first
offense revocation and $310 of the $500 reinstatement
fee for a second or subsequent revocation.
(d) All of the proceeds of the additional fees imposed by
this amendatory Act of the 96th General Assembly shall be
deposited into the Capital Projects Fund.
(e) The additional fees imposed by this amendatory Act of
the 96th General Assembly shall become effective 90 days after
becoming law.
(f) As used in this Section, "active-duty member of the
United States Armed Forces" means a member of the Armed
Services or Reserve Forces of the United States or a member of

the Illinois National Guard who is called to active duty
pursuant to an executive order of the President of the United
States, an act of the Congress of the United States, or an
order of the Governor.
(Source: P.A. 97-333, eff. 8-12-11; 97-1150, eff. 1-25-13;
98-177, eff. 1-1-14; 98-756, eff. 7-16-14.)
(Text of Section after amendment by P.A. 98-176)
Sec. 6-118. Fees.
(a) The fee for licenses and permits under this Article is
as follows:
Original driver's license.............................$30
Original or renewal driver's license
issued to 18, 19 and 20 year olds.................. 5
All driver's licenses for persons
age 69 through age 80.............................. 5
All driver's licenses for persons
age 81 through age 86.............................. 2
All driver's licenses for persons
age 87 or older.....................................0
Renewal driver's license (except for
applicants ages 18, 19 and 20 or
age 69 and older)..................................30
Original instruction permit issued to
persons (except those age 69 and older)
who do not hold or have not previously

held an Illinois instruction permit or
driver's license.................................. 20
Instruction permit issued to any person
holding an Illinois driver's license
who wishes a change in classifications,
other than at the time of renewal.................. 5
Any instruction permit issued to a person
age 69 and older................................... 5
Instruction permit issued to any person,
under age 69, not currently holding a
valid Illinois driver's license or
instruction permit but who has
previously been issued either document
in Illinois....................................... 10
Restricted driving permit.............................. 8
Monitoring device driving permit...................... 8
Duplicate or corrected driver's license
or permit.......................................... 5
Duplicate or corrected restricted
driving permit..................................... 5
Duplicate or corrected monitoring
device driving permit.................................. 5
Duplicate driver's license or permit issued to
an active-duty member of the
United States Armed Forces,
the member's spouse, or

the dependent children living
with the member................................... 0
Original or renewal M or L endorsement................. 5
SPECIAL FEES FOR COMMERCIAL DRIVER'S LICENSE
The fees for commercial driver licenses and permits
under Article V shall be as follows:
Commercial driver's license:
$6 for the CDLIS/AAMVAnet/NMVTIS Trust Fund
(Commercial Driver's License Information
System/American Association of Motor Vehicle
Administrators network/National Motor Vehicle
Title Information Service Trust Fund);
$20 for the Motor Carrier Safety Inspection Fund;
$10 for the driver's license;
and $24 for the CDL:............................. $60
Renewal commercial driver's license:
$6 for the CDLIS/AAMVAnet/NMVTIS Trust Fund;
$20 for the Motor Carrier Safety Inspection Fund;
$10 for the driver's license; and
$24 for the CDL:................................. $60
Commercial learner's permit
issued to any person holding a valid
Illinois driver's license for the
purpose of changing to a
CDL classification: $6 for the
CDLIS/AAMVAnet/NMVTIS Trust Fund;

$20 for the Motor Carrier
Safety Inspection Fund; and
$24 for the CDL classification................... $50
Commercial learner's permit
issued to any person holding a valid
Illinois CDL for the purpose of
making a change in a classification,
endorsement or restriction........................ $5
CDL duplicate or corrected license.................... $5
In order to ensure the proper implementation of the Uniform
Commercial Driver License Act, Article V of this Chapter, the
Secretary of State is empowered to pro-rate the $24 fee for the
commercial driver's license proportionate to the expiration
date of the applicant's Illinois driver's license.
The fee for any duplicate license or permit shall be waived
for any person who presents the Secretary of State's office
with a police report showing that his license or permit was
stolen.
The fee for any duplicate license or permit shall be waived
for any person age 60 or older whose driver's license or permit
has been lost or stolen.
No additional fee shall be charged for a driver's license,
or for a commercial driver's license, when issued to the holder
of an instruction permit for the same classification or type of
license who becomes eligible for such license.
(b) Any person whose license or privilege to operate a

motor vehicle in this State has been suspended or revoked under
Section 3-707, any provision of Chapter 6, Chapter 11, or
Section 7-205, 7-303, or 7-702 of the Family Financial
Responsibility Law of this Code, shall in addition to any other
fees required by this Code, pay a reinstatement fee as follows:
Suspension under Section 3-707..................... $100
Suspension under Section 11-1431.....................$100
Summary suspension under Section 11-501.1...........$250
Suspension under Section 11-501.9...................$250
Summary revocation under Section 11-501.1............$500
Other suspension......................................$70
Revocation...........................................$500
However, any person whose license or privilege to operate a
motor vehicle in this State has been suspended or revoked for a
second or subsequent time for a violation of Section 11-501,
11-501.1, or 11-501.9 of this Code or a similar provision of a
local ordinance or a similar out-of-state offense or Section
9-3 of the Criminal Code of 1961 or the Criminal Code of 2012
and each suspension or revocation was for a violation of
Section 11-501, 11-501.1, or 11-501.9 of this Code or a similar
provision of a local ordinance or a similar out-of-state
offense or Section 9-3 of the Criminal Code of 1961 or the
Criminal Code of 2012 shall pay, in addition to any other fees
required by this Code, a reinstatement fee as follows:
Summary suspension under Section 11-501.1............$500
Suspension under Section 11-501.9...................$500

Summary revocation under Section 11-501.1............$500
Revocation...........................................$500
(c) All fees collected under the provisions of this Chapter
6 shall be paid into the Road Fund in the State Treasury except
as follows:
1. The following amounts shall be paid into the Driver
Education Fund:
(A) $16 of the $20 fee for an original driver's
instruction permit;
(B) $5 of the $30 fee for an original driver's
license;
(C) $5 of the $30 fee for a 4 year renewal driver's
license;
(D) $4 of the $8 fee for a restricted driving
permit; and
(E) $4 of the $8 fee for a monitoring device
driving permit.
2. $30 of the $250 fee for reinstatement of a license
summarily suspended under Section 11-501.1 or suspended
under Section 11-501.9 shall be deposited into the Drunk
and Drugged Driving Prevention Fund. However, for a person
whose license or privilege to operate a motor vehicle in
this State has been suspended or revoked for a second or
subsequent time for a violation of Section 11-501,
11-501.1, or 11-501.9 of this Code or Section 9-3 of the
Criminal Code of 1961 or the Criminal Code of 2012, $190 of

the $500 fee for reinstatement of a license summarily
suspended under Section 11-501.1 or suspended under
Section 11-501.9, and $190 of the $500 fee for
reinstatement of a revoked license shall be deposited into
the Drunk and Drugged Driving Prevention Fund. $190 of the
$500 fee for reinstatement of a license summarily revoked
pursuant to Section 11-501.1 shall be deposited into the
Drunk and Drugged Driving Prevention Fund.
3. $6 of the original or renewal fee for a commercial
driver's license and $6 of the commercial learner's permit
fee when the permit is issued to any person holding a valid
Illinois driver's license, shall be paid into the
CDLIS/AAMVAnet/NMVTIS Trust Fund.
4. $30 of the $70 fee for reinstatement of a license
suspended under the Family Financial Responsibility Law
shall be paid into the Family Responsibility Fund.
5. The $5 fee for each original or renewal M or L
endorsement shall be deposited into the Cycle Rider Safety
Training Fund.
6. $20 of any original or renewal fee for a commercial
driver's license or commercial learner's permit shall be
paid into the Motor Carrier Safety Inspection Fund.
7. The following amounts shall be paid into the General
Revenue Fund:
(A) $190 of the $250 reinstatement fee for a
summary suspension under Section 11-501.1 or a

suspension under Section 11-501.9;
(B) $40 of the $70 reinstatement fee for any other
suspension provided in subsection (b) of this Section;
and
(C) $440 of the $500 reinstatement fee for a first
offense revocation and $310 of the $500 reinstatement
fee for a second or subsequent revocation.
(d) All of the proceeds of the additional fees imposed by
this amendatory Act of the 96th General Assembly shall be
deposited into the Capital Projects Fund.
(e) The additional fees imposed by this amendatory Act of
the 96th General Assembly shall become effective 90 days after
becoming law.
(f) As used in this Section, "active-duty member of the
United States Armed Forces" means a member of the Armed
Services or Reserve Forces of the United States or a member of
the Illinois National Guard who is called to active duty
pursuant to an executive order of the President of the United
States, an act of the Congress of the United States, or an
order of the Governor.
(Source: P.A. 97-333, eff. 8-12-11; 97-1150, eff. 1-25-13;
98-176, eff. 7-8-15 (see Section 10 of P.A. 98-722 for the
effective date of changes made by P.A. 98-176); 98-177, eff.
1-1-14; 98-756, eff. 7-16-14; 98-1172, eff. 1-12-15.)
(625 ILCS 5/11-1431)

Sec. 11-1431. Solicitations at accident or disablement
scene prohibited.
(a) A tower, as defined by Section 1-205.2 of this Code, or
an employee or agent of a tower may not: (i) stop at the scene
of a motor vehicle accident or at or near a damaged or disabled
vehicle for the purpose of soliciting the owner or operator of
the damaged or disabled vehicle to enter into a towing service
transaction; or (ii) stop at the scene of an accident or at or
near a damaged or disabled vehicle unless called to the
location by a law enforcement officer, the Illinois Department
of Transportation, the Illinois State Toll Highway Authority, a
local agency having jurisdiction over the highway, or the owner
or operator of the damaged or disabled vehicle. This Section
shall not apply to employees of the Department, the Illinois
State Toll Highway Authority, or local agencies when engaged in
their official duties. Nothing in this Section shall prevent a
tower from stopping at the scene of a motor vehicle accident or
at or near a damaged or disabled vehicle if the owner or
operator signals the tower for assistance from the location of
the motor vehicle accident or damaged or disabled vehicle.
(b) A person who violates this Section is guilty of a
business offense and shall be required to pay a fine of more
than $500, but not more than $1,000. A person convicted of
violating this Section shall also have his or her driver's
license, permit, or privileges suspended for 3 months. After
the expiration of the 3 month suspension, the person's driver's

license, permit, or privileges shall not be reinstated until he
or she has paid a reinstatement fee of $100. If a person
violates this Section while his or her driver's license,
permit, or privileges are suspended under this subsection (b),
his or her driver's license, permit, or privileges shall be
suspended for an additional 6 months, and shall not be
reinstated after the expiration of the 6 month suspension until
he or she pays a reinstatement fee of $100.
(Source: P.A. 96-1376, eff. 7-29-10.)
(625 ILCS 5/18a-300) (from Ch. 95 1/2, par. 18a-300)
Sec. 18a-300. Commercial vehicle relocators - Unlawful
practices. It shall be unlawful for any commercial vehicle
relocator:
(1) To operate in any county in which this Chapter is
applicable without a valid, current relocator's license as
provided in Article IV of this Chapter;
(2) To employ as an operator, or otherwise so use the
services of, any person who does not have at the
commencement of employment or service, or at any time
during the course of employment or service, a valid,
current operator's employment permit, or temporary
operator's employment permit issued in accordance with
Sections 18a-403 or 18a-405 of this Chapter; or to fail to
notify the Commission, in writing, of any known criminal
conviction of any employee occurring at any time before or

during the course of employment or service;
(3) To employ as a dispatcher, or otherwise so use the
services of, any person who does not have at the
commencement of employment or service, or at any time
during the course of employment or service, a valid,
current dispatcher's or operator's employment permit or
temporary dispatcher's or operator's employment permit
issued in accordance with Sections 18a-403 or 18a-407 of
this Chapter; or to fail to notify the Commission, in
writing, of any known criminal conviction of any employee
occurring at any time before or during the course of
employment or service;
(4) To operate upon the highways of this State any
vehicle used in connection with any commercial vehicle
relocation service unless:
(A) There is painted or firmly affixed to the
vehicle on both sides of the vehicle in a color or
colors vividly contrasting to the color of the vehicle
the name, address and telephone number of the
relocator. The Commission shall prescribe reasonable
rules and regulations pertaining to insignia to be
painted or firmly affixed to vehicles and shall waive
the requirements of the address on any vehicle in cases
where the operator of a vehicle has painted or
otherwise firmly affixed to the vehicle a seal or trade
mark that clearly identifies the operator of the

vehicle; and
(B) There is carried in the power unit of the
vehicle a certified copy of the currently effective
relocator's license and operator's employment permit.
Copies may be photographed, photocopied, or reproduced
or printed by any other legible and durable process.
Any person guilty of not causing to be displayed a copy
of his relocator's license and operator's employment
permit may in any hearing concerning the violation be
excused from the payment of the penalty hereinafter
provided upon a showing that the license was issued by
the Commission, but was subsequently lost or
destroyed;
(5) To operate upon the highways of this State any
vehicle used in connection with any commercial vehicle
relocation service that bears the name or address and
telephone number of any person or entity other than the
relocator by which it is owned or to which it is leased;
(6) To advertise in any newspaper, book, list,
classified directory or other publication unless there is
contained in the advertisement the license number of the
relocator;
(7) To remove any vehicle from private property without
having first obtained the written authorization of the
property owner or other person in lawful possession or
control of the property, his authorized agent, or an

authorized law enforcement officer. The authorization may
be on a contractual basis covering a period of time or
limited to a specific removal;
(8) To charge the private property owner, who requested
that an unauthorized vehicle be removed from his property,
with the costs of removing the vehicle contrary to any
terms that may be a part of the contract between the
property owner and the commercial relocator. Nothing in
this paragraph shall prevent a relocator from assessing,
collecting, or receiving from the property owner, lessee,
or their agents any fee prescribed by the Commission;
(9) To remove a vehicle when the owner or operator of
the vehicle is present or arrives at the vehicle location
at any time prior to the completion of removal, and is
willing and able to remove the vehicle immediately, except
for vehicles that require a commercial driver's license to
operate. Vehicles that require a commercial driver's
license to operate shall be disconnected from the tow truck
and the owner or operator shall be allowed to remove the
vehicle without interference upon the payment of a
reasonable service fee of not more than one-half of the
posted rate of the towing service per tow vehicle on the
scene and up to a maximum of 2 tow vehicles as provided in
paragraph 6 of subsection (f) of Section 4-203 of this
Code, for which a receipt shall be given;
(10) To remove any vehicle from property on which signs

are required and on which there are not posted appropriate
signs under Section 18a-302;
(11) To fail to notify law enforcement authorities in
the jurisdiction in which the trespassing vehicle was
removed within one hour of the removal. Notification shall
include a complete description of the vehicle,
registration numbers if possible, the locations from which
and to which the vehicle was removed, the time of removal,
and any other information required by regulation, statute
or ordinance;
(12) To impose any charge other than in accordance with
the rates set by the Commission as provided in paragraph
(6) of Section 18a-200 of this Chapter;
(13) To fail, in the office or location at which
relocated vehicles are routinely returned to their owners,
to prominently post the name, address and telephone number
of the nearest office of the Commission to which inquiries
or complaints may be sent;
(13.1) To fail to distribute to each owner or operator
of a relocated vehicle, in written form as prescribed by
Commission rule or regulation, the relevant statutes,
regulations and ordinances governing commercial vehicle
relocators, including, in at least 12 point boldface type,
the name, address and telephone number of the nearest
office of the Commission to which inquiries or complaints
may be sent;

(13.2) To fail, in the office or location at which
relocated vehicles are routinely returned to their owners,
to ensure that the relocator's representative provides
suitable evidence of his or her identity to the owners of
relocated vehicles upon request;
(14) To remove any vehicle, otherwise in accordance
with this Chapter, more than 15 air miles from its location
when towed from a location in an unincorporated area of a
county or more than 10 air miles from its location when
towed from any other location;
(15) To fail to make a telephone number available to
the police department of any municipality in which a
relocator operates at which the relocator or an employee of
the relocator may be contacted at any time during the hours
in which the relocator is engaged in the towing of
vehicles, or advertised as engaged in the towing of
vehicles, for the purpose of effectuating the release of a
towed vehicle; or to fail to include the telephone number
in any advertisement of the relocator's services published
or otherwise appearing on or after the effective date of
this amendatory Act; or to fail to have an employee
available at any time on the premises owned or controlled
by the relocator for the purposes of arranging for the
immediate release of the vehicle.
Apart from any other penalty or liability authorized
under this Act, if after a reasonable effort, the owner of

the vehicle is unable to make telephone contact with the
relocator for a period of one hour from his initial attempt
during any time period in which the relocator is required
to respond at the number, all fees for towing, storage, or
otherwise are to be waived. Proof of 3 attempted phone
calls to the number provided to the police department by an
officer or employee of the department on behalf of the
vehicle owner within the space of one hour, at least 2 of
which are separated by 45 minutes, shall be deemed
sufficient proof of the owner's reasonable effort to make
contact with the vehicle relocator. Failure of the
relocator to respond to the phone calls is not a criminal
violation of this Chapter;
(16) To use equipment which the relocator does not own,
except in compliance with Section 18a-306 of this Chapter
and Commission regulations. No equipment can be leased to
more than one relocator at any time. Equipment leases shall
be filed with the Commission. If equipment is leased to one
relocator, it cannot thereafter be leased to another
relocator until a written cancellation of lease is properly
filed with the Commission;
(17) To use drivers or other personnel who are not
employees or contractors of the relocator;
(18) To fail to refund any amount charged in excess of
the reasonable rate established by the Commission;
(19) To violate any other provision of this Chapter, or

of Commission regulations or orders adopted under this
Chapter; .
(20) To engage in the removal of a commercial motor
vehicle that requires a commercial driver's license to
operate by operating the vehicle under its own power on a
highway without authorization by a law enforcement
officer.
(Source: P.A. 94-650, eff. 1-1-06.)
(625 ILCS 5/18d-153)
Sec. 18d-153. Misrepresentation of affiliation. It shall
be unlawful for any tower to misrepresent an affiliation with
the State, a unit of local government, an insurance company, a
private club, or any other entity, or falsely claim to be
included on a law enforcement agency's tow rotation list
maintained under Section 4-203.5 of this Code, for the purpose
of securing a business transaction with a vehicle owner or
operator.
(Source: P.A. 96-1369, eff. 1-1-11.)