Statutes > Illinois Statutes > CHAPTER 625 VEHICLES > 625 ILCS 5/ Illinois Vehicle Code. > Article VII - Offenses Against Registration And Certificate Of Title Laws Or Revocation Of Registration Or Certificate Of Title

Article VII - Offenses Against Registration And Certificate Of Title Laws Or Revocation Of Registration Or Certificate Of Title


      (625 ILCS 5/Ch. 3 Art. VII heading)
ARTICLE VII. OFFENSES AGAINST REGISTRATION AND CERTIFICATE OF TITLE LAWS OR
REVOCATION OF REGISTRATION OR CERTIFICATE OF TITLE

    (625 ILCS 5/3‑701) (from Ch. 95 1/2, par. 3‑701)
    Sec. 3‑701. Operation of vehicles without evidence of registration ‑ Operation under mileage plates when odometer broken or disconnected. No person shall operate, nor shall an owner knowingly permit to be operated, upon any highway unless there shall be attached thereto and displayed thereon when and as required by law, proper evidence of registration in Illinois, as follows:
        (1) A vehicle required to be registered in Illinois.
     A current and valid Illinois registration sticker or stickers and plate or plates, or an Illinois temporary registration permit, or a drive‑away or in‑transit permit, issued therefor by the Secretary of State; or
        (2) A vehicle eligible for Reciprocity. A current
     and valid reciprocal foreign registration plate or plates properly issued to such vehicle or a temporary registration issued therefor, by the reciprocal State, and, in addition, when required by the Secretary, a current and valid Illinois Reciprocity Permit or Prorate Decal issued therefor by the Secretary of State; or except as otherwise expressly provided for in this Chapter.
    No person shall operate, nor shall any owner knowingly permit to be operated, any vehicle of the second division for which the owner has made an election to pay the mileage tax in lieu of the annual flat weight tax, at any time when the odometer of such vehicle is broken or disconnected, or is inoperable or not operating.
(Source: P.A. 92‑680, eff. 7‑16‑02.)

    (625 ILCS 5/3‑702) (from Ch. 95 1/2, par. 3‑702)
    Sec. 3‑702. Operation of vehicle when registration cancelled, suspended or revoked.
    (a) No person shall operate, nor shall an owner knowingly permit to be operated, upon any highway:
        (1) A vehicle the registration of which has been
     cancelled, suspended or revoked; or
        (2) A vehicle properly registered in another
     Reciprocal State, the foreign registration of which, or the Illinois Reciprocity Permit or Decal of which, has been cancelled, suspended or revoked.
    (b) No person shall use, nor shall any owner use or knowingly permit the use of any Illinois registration plate, plates or registration sticker, or any Illinois Reciprocity Permit or Prorate Decal which has been cancelled, suspended or revoked.
    (c) Any violation of this Section is a Class A misdemeanor unless:
        1. the registration of the motor vehicle has been
     suspended for noninsurance, then the provisions of Section 3‑708 of this Code apply in lieu of this Section.
        2. the registration of the motor vehicle has been
     suspended for failure to purchase a vehicle tax sticker pursuant to Section 3‑704.1 of this Code, then the violation shall be considered a business offense and the person shall be required to pay a fine in excess of $500, but not more than $1,000.
(Source: P.A. 86‑149; 87‑1225.)

    (625 ILCS 5/3‑703) (from Ch. 95 1/2, par. 3‑703)
    Sec. 3‑703. Improper use of evidences of registration or certificate of title. No person shall lend to another any certificate of title, registration card, registration plate, registration sticker, special plate or permit or other evidences of proper registration issued to him if the person desiring to borrow the same would not be entitled to the use thereof, nor shall any person knowingly permit the use of any of the same by one not entitled thereto, nor shall any person display upon a vehicle any registration card, registration sticker, registration plate or other evidences of proper registration not issued for such vehicle or not otherwise lawfully used thereon under this Code. No person shall duplicate, alter or attempt to reproduce in any manner a registration plate or registration sticker issued under this Code. No person shall make fraudulent use of evidences of registration or certificates of title issued erroneously by the Secretary of State. No person shall manufacture, advertise, distribute or sell any certificate of title, registration card, registration plate, registration sticker, special plate or permit or other evidences of proper registration which purports to have been issued under this Code. The Secretary of State may request the Attorney General to seek a restraining order in the circuit court against any person who violates this Section by advertising such fraudulent items. Any violation of this Section is a Class C misdemeanor.
(Source: P.A. 86‑551.)

    (625 ILCS 5/3‑704)(from Ch. 95 1/2, par. 3‑704)
    Sec. 3‑704. Authority of Secretary of State to suspend or revoke a registration or certificate of title; authority to suspend or revoke the registration of a vehicle.
    (a) The Secretary of State may suspend or revoke the registration of a vehicle or a certificate of title, registration card, registration sticker, registration plate, disability parking decal or device, or any nonresident or other permit in any of the following events:
        1. When the Secretary of State is satisfied that
     such registration or that such certificate, card, plate, registration sticker or permit was fraudulently or erroneously issued;
        2. When a registered vehicle has been dismantled or
     wrecked or is not properly equipped;
        3. When the Secretary of State determines that any
     required fees have not been paid to the Secretary of State, to the Illinois Commerce Commission, or to the Illinois Department of Revenue under the Motor Fuel Tax Law, and the same are not paid upon reasonable notice and demand;
        4. When a registration card, registration plate,
     registration sticker or permit is knowingly displayed upon a vehicle other than the one for which issued;
        5. When the Secretary of State determines that the
     owner has committed any offense under this Chapter involving the registration or the certificate, card, plate, registration sticker or permit to be suspended or revoked;
        6. When the Secretary of State determines that a
     vehicle registered not‑for‑hire is used or operated for‑hire unlawfully, or used or operated for purposes other than those authorized;
        7. When the Secretary of State determines that an
     owner of a for‑hire motor vehicle has failed to give proof of financial responsibility as required by this Act;
        8. When the Secretary determines that the vehicle is
     not subject to or eligible for a registration;
        9. When the Secretary determines that the owner of a
     vehicle registered under the mileage weight tax option fails to maintain the records specified by law, or fails to file the reports required by law, or that such vehicle is not equipped with an operable and operating speedometer or odometer;
        10. When the Secretary of State is so authorized
     under any other provision of law;
        11. When the Secretary of State determines that the
     holder of a disability parking decal or device has committed any offense under Chapter 11 of this Code involving the use of a disability parking decal or device.
    (a‑5) The Secretary of State may revoke a certificate of title and registration card and issue a corrected certificate of title and registration card, at no fee to the vehicle owner or lienholder, if there is proof that the vehicle identification number is erroneously shown on the original certificate of title.
    (b) The Secretary of State may suspend or revoke the registration of a vehicle as follows:
        1. When the Secretary of State determines that the
     owner of a vehicle has not paid a civil penalty or a settlement agreement arising from the violation of rules adopted under the Illinois Motor Carrier Safety Law or the Illinois Hazardous Materials Transportation Act or that a vehicle, regardless of ownership, was the subject of violations of these rules that resulted in a civil penalty or settlement agreement which remains unpaid.
        2. When the Secretary of State determines that a
     vehicle registered for a gross weight of more than 16,000 pounds within an affected area is not in compliance with the provisions of Section 13‑109.1 of the Illinois Vehicle Code.
        3. When the Secretary of State is notified by the
     United States Department of Transportation that a vehicle is in violation of the Federal Motor Carrier Safety Regulations, as they are now or hereafter amended, and is prohibited from operating.
(Source: P.A. 94‑239, eff. 1‑1‑06; 94‑619, eff. 1‑1‑06; 94‑759, eff. 5‑12‑06; 95‑287, eff. 1‑1‑08.)

    (625 ILCS 5/3‑704.1)
    Sec. 3‑704.1. Municipal vehicle tax liability; suspension of registration.
    (a) As used in this Section:
        (1) "Municipality" means a city, village or
     incorporated town with a population over 1,000,000.
        (2) "Vehicle tax" means a motor vehicle tax and any
     related late fees or charges imposed by a municipality under Section 8‑11‑4 or the Illinois Municipal Code or under the municipality's home rule powers.
        (3) "Vehicle owner" means the registered owner or
     owners of a vehicle who are residents of the municipality.
    (b) A municipality that imposes a vehicle tax may, by ordinance adopted under this Section, establish a system whereby the municipality notifies the Secretary of State of vehicle tax liability and the Secretary of State suspends the registration of vehicles for which the tax has not been paid. An ordinance establishing a system must provide for the following:
        (1) A first notice for failure to pay a vehicle tax
     shall be sent by first class mail to the vehicle owner at the owner's address recorded with the Secretary of State whenever the municipality has reasonable cause to believe that the vehicle owner has failed to pay a vehicle tax as required by ordinance. The notice shall include at least the following:
            (A) The name and address of the vehicle owner.
            (B) The registration plate number of the vehicle.
            (C) The period for which the vehicle tax is due.
            (D) The amount of vehicle tax that is due.
            (E) A statement that the vehicle owner's
         registration for the vehicle will be subject to suspension proceedings unless the vehicle owner pays the vehicle tax or successfully contests the owner's alleged liability within 30 days of the date of the notice.
            (F) An explanation of the vehicle owner's
         opportunity to be heard under subsection (c).
        (2) If a vehicle owner fails to pay the vehicle tax
     or to contest successfully the owner's alleged liability within the period specified in the first notice, a second notice of impending registration suspension shall be sent by first class mail to the vehicle owner at the owner's address recorded with the Secretary of State. The notice shall contain the same information as the first notice, but shall also state that the failure to pay the amount owing, or to contest successfully the alleged liability within 45 days of the date of the second notice, will result in the municipality's notification of the Secretary of State that the vehicle owner is eligible for initiation of suspension proceedings under this Section.
    (c) An ordinance adopted under this Section must also give the vehicle owner an opportunity to be heard upon the filing of a timely petition with the municipality. A vehicle owner may contest the alleged tax liability either through an adjudication by mail or at an administrative hearing, at the option of the vehicle owner. The grounds upon which the liability may be contested may be limited to the following:
        (1) The alleged vehicle owner does not own the
     vehicle.
        (2) The vehicle is not subject to the vehicle tax by
     law.
        (3) The vehicle tax for the period in question has
     been paid.
    At an administrative hearing, the formal or technical rules of evidence shall not apply. The hearing shall be recorded. The person conducting the hearing shall have the power to administer oaths and to secure by subpoena the attendance and testimony of witnesses and the production of relevant documents.
    (d) If a vehicle owner who has been sent a first notice of failure to pay a vehicle tax and a second notice of impending registration suspension fails to pay the vehicle tax or to contest successfully the vehicle owner's liability within the periods specified in the notices, the appropriate official shall cause a certified report to be sent to the Secretary of State under subsection (e).
    (e) A report of a municipality notifying the Secretary of State of a vehicle owner's failure to pay a vehicle tax or related fines or penalties under this Section shall be certified by the appropriate official and shall contain the following:
        (1) The name, last known address and registration
     plate number of the vehicle of the person who failed to pay the vehicle tax.
        (2) The name of the municipality making the report.
        (3) A statement that the municipality sent notices
     as required by subsection (b); the date on which the notices were sent; the address to which the notices were sent; and the date of the hearing, if any.
    (f) Following receipt of the certified report under this Section, the Secretary of State shall notify the vehicle owner that the vehicle's registration will be suspended at the end of a reasonable specified period of time unless the Secretary of State is presented with a notice from the municipality certifying that the person has paid the necessary vehicle tax, or that inclusion of that person's name or registration number on the certified report was in error. The Secretary's notice shall state in substance the information contained in the certified report from the municipality to the Secretary, and shall be effective as specified by subsection (c) of Section 6‑211 of this Code. The notice shall also inform the person of the person's right to a hearing under subsection (g).
    (g) An administrative hearing with the Office of the Secretary of State to contest an impending suspension or a suspension made under this Section may be had upon filing a written request with the Secretary of State. The filing fee for this hearing shall be $20 to be paid at the time the request is made.
        (1) The scope of any administrative hearing with the
     Secretary of State to contest an impending suspension under this Section shall be limited to the following issues:
            (A) Whether the report of the appropriate
         official of the municipality was certified and contained the information required by this Section.
            (B) Whether the municipality making the
         certified report to the Secretary of State established procedures by ordinance for persons to challenge the accuracy of the certified report.
            (C) Whether the Secretary of State notified the
         vehicle owner that the vehicle's registration would be suspended at the end of the specified time period unless the Secretary of State was presented with a notice from the municipality certifying that the person has purchased the necessary vehicle tax sticker or that inclusion of that person's name or registration number on the certified report was in error.
    A municipality that files a certified report with the Secretary of State under this Section shall reimburse the Secretary for all reasonable costs incurred by the Secretary as a result of the filing of the report, including but not limited to the costs of providing the notice required under subsection (f) and the costs incurred by the Secretary in any hearing conducted with respect to the report under this subsection and any appeal from that hearing.
    (h) After the expiration of the time specified under subsection (g), the Secretary of State shall, unless the suspension is successfully contested, suspend the registration of the vehicle until the Secretary receives notice under subsection (i).
    (i) Any municipality making a certified report to the Secretary of State under this subsection shall notify the Secretary of State, in a form prescribed by the Secretary, whenever a person named in the certified report has subsequently paid a vehicle tax or whenever the municipality determines that the original report was in error. A certified copy of the notification shall also be given upon request and at no additional charge to the person named in the report. Upon receipt of the notification or presentation of a certified copy of the notification by the municipality, the Secretary of State shall terminate the suspension.
(Source: P.A. 87‑1225.)

    (625 ILCS 5/3‑704.2)
    Sec. 3‑704.2. Failure to satisfy fines or penalties for toll violations or evasions; suspension of vehicle registration.
    (a) Upon receipt of a certified report, as prescribed by subsection (c) of this Section, from the Authority stating that the owner of a registered vehicle has failed to satisfy any fine or penalty resulting from a final order issued by the Authority relating directly or indirectly to 5 or more toll violations, toll evasions, or both, the Secretary of State shall suspend the vehicle registration of the person in accordance with the procedures set forth in this Section.
    (b) Following receipt of the certified report of the Authority as specified in the Section, the Secretary of State shall notify the person whose name appears on the certified report that the person's vehicle registration will be suspended at the end of a specified period unless the Secretary of State is presented with a notice from the Authority certifying that the fines or penalties owing the Authority have been satisfied or that inclusion of that person's name on the certified report was in error. The Secretary's notice shall state in substance the information contained in the Authority's certified report to the Secretary, and shall be effective as specified by subsection (c) of Section 6‑211 of this Code.
    (c) The report from the Authority notifying the Secretary of unsatisfied fines or penalties pursuant to this Section shall be certified and shall contain the following:
        (1) The name, last known address, and driver's
     license number of the person who failed to satisfy the fines or penalties and the registration number of any vehicle known to be registered in this State to that person.
        (2) A statement that the Authority sent a notice of
     impending suspension of the person's driver's license, vehicle registration, or both, as prescribed by rules enacted pursuant to subsection (a‑5) of Section 10 of the Toll Highway Act, to the person named in the report at the address recorded with the Secretary of State; the date on which the notice was sent; and the address to which the notice was sent.
    (d) The Authority, after making a certified report to the Secretary pursuant to this Section, shall notify the Secretary, on a form prescribed by the Secretary, whenever a person named in the certified report has satisfied the previously reported fines or penalties or whenever the Authority determines that the original report was in error. A certified copy of the notification shall also be given upon request and at no additional charge to the person named therein. Upon receipt of the Authority's notification or presentation of a certified copy of the notification, the Secretary shall terminate the suspension.
    (e) The Authority shall, by rule, establish procedures for persons to challenge the accuracy of the certified report made pursuant to this Section. The rule shall also provide the grounds for a challenge, which may be limited to:
        (1) the person not having been the owner or lessee
     of the vehicle or vehicles receiving 5 or more toll violation or toll evasion notices on the date or dates the notices were issued; or
        (2) the person having already satisfied the fines or
     penalties for the 5 or more toll violations or toll evasions indicated on the certified report.
    (f) All notices sent by the Authority to persons involved in administrative adjudications, hearings, and final orders issued pursuant to rules implementing subsection (a‑5) of Section 10 of the Toll Highway Act shall state that failure to satisfy any fine or penalty imposed by the Authority shall result in the Secretary of State suspending the driving privileges, vehicle registration, or both, of the person failing to satisfy the fines or penalties imposed by the Authority.
    (g) A person may request an administrative hearing to contest an impending suspension or a suspension made pursuant to this Section upon filing a written request with the Secretary. The filing fee for this hearing is $20, to be paid at the time of the request. The Authority shall reimburse the Secretary for all reasonable costs incurred by the Secretary as a result of the filing of a certified report pursuant to this Section, including, but not limited to, the costs of providing notice required pursuant to subsection (b) and the costs incurred by the Secretary in any hearing conducted with respect to the report pursuant to this subsection and any appeal from that hearing.
    (h) The Secretary and the Authority may promulgate rules to enable them to carry out their duties under this Section.
    (i) The Authority shall cooperate with the Secretary in the administration of this Section and shall provide the Secretary with any information the Secretary may deem necessary for these purposes, including regular and timely access to toll violation enforcement records.
    The Secretary shall cooperate with the Authority in the administration of this Section and shall provide the Authority with any information the Authority may deem necessary for the purposes of this Section, including regular and timely access to vehicle registration records. Section 2‑123 of this Code shall not apply to the provision of this information, but the Secretary shall be reimbursed for the cost of providing this information.
    (j) For purposes of this Section, the term "Authority" means the Illinois State Toll Highway Authority.
(Source: P.A. 91‑277, eff. 1‑1‑00.)

    (625 ILCS 5/3‑705) (from Ch. 95 1/2, par. 3‑705)
    Sec. 3‑705. Suspending or revoking certificate or special plates of a manufacturer, engine and driveline component manufacturer, transporter, repossessor or dealer.
    The Secretary of State is also authorized to suspend or revoke a certificate or the special plates issued to a manufacturer, engine and driveline component manufacturer, transporter, repossessor or dealer upon determining that any such person is not lawfully entitled thereto or has made or knowingly permitted any illegal use of such plates or has committed fraud in the registration of vehicles or failed to give notices of transfers when and as required by this Chapter.
(Source: P.A. 76‑2139.)

    (625 ILCS 5/3‑706) (from Ch. 95 1/2, par. 3‑706)
    Sec. 3‑706. Owner to return evidences of registration upon cancellation, revocation or suspension. Whenever the Secretary of State cancels or revokes the registration of a vehicle or a certificate of title, registration card, registration sticker or stickers, registration plate or plates, or a nonresident or other permit or the license of any dealer or wrecker, the owner or person in possession of the same shall immediately return the evidences of registration, title or license so cancelled or revoked to the Secretary.
    Whenever the Secretary suspends the registration of a vehicle or the license of any dealer or wrecker, the owner or person in possession of the same, upon request by the Secretary, shall immediately return all evidence of the registration or the license so suspended to the Secretary.
(Source: P.A. 85‑1201.)

    (625 ILCS 5/3‑707)(from Ch. 95 1/2, par. 3‑707)
    Sec. 3‑707. Operation of uninsured motor vehicle ‑ penalty.
    (a) No person shall operate a motor vehicle unless the motor vehicle is covered by a liability insurance policy in accordance with Section 7‑601 of this Code.
    (a‑5) A person commits the offense of operation of uninsured motor vehicle causing bodily harm when the person:
        (1) operates a motor vehicle in violation of Section
     7‑601 of this Code; and
        (2) causes, as a proximate result of the person's
     operation of the motor vehicle, bodily harm to another person.
    (a‑6) Uninsured operation of a motor vehicle under
     subsection (a‑5) is a Class A misdemeanor.
    (b) Any person who fails to comply with a request by a law enforcement officer for display of evidence of insurance, as required under Section 7‑602 of this Code, shall be deemed to be operating an uninsured motor vehicle.
    (c) Except as provided in subsections (a‑6) and (c‑5), any operator of a motor vehicle subject to registration under this Code who is convicted of violating this Section is guilty of a business offense and shall be required to pay a fi