(625 ILCS 5/Ch. 4 heading)
(625 ILCS 5/Ch. 4 Art. I heading)
(625 ILCS 5/4-100) (from Ch. 95 1/2, par. 4-100)
Sec. 4-100.
(Repealed).
(Source: P.A. 85-572. Repealed by P.A. 90-89, eff. 1-1-98.)
(625 ILCS 5/4-101) (from Ch. 95 1/2, par. 4-101)
Sec. 4-101.
Applicability of this Chapter.
The provisions of this Chapter apply to all vehicles.
(Source: P.A. 76-1586.)
(625 ILCS 5/4-102) (from Ch. 95 1/2, par. 4-102)
Sec. 4-102.
Offenses relating to motor vehicles and other
vehicles - Misdemeanors.
(a) It is a violation of this Chapter for:
(b) Sentence. A person convicted of a violation of this Section shall
be guilty of a Class A misdemeanor. A person convicted of a violation of
this Section a second or subsequent time, shall be guilty of a Class 4 felony.
(Source: P.A. 86-1209.)
(625 ILCS 5/4-103) (from Ch. 95 1/2, par. 4-103)
Sec. 4-103. Offenses relating to motor vehicles and other
vehicles - Felonies.
(a) Except as provided in subsection (a-1), it is a violation of this
Chapter for:
(a-1) A person engaged in the repair or servicing of vehicles does not
violate
this
Chapter by knowingly possessing a manufacturer's identification number plate
for the
purpose of reaffixing it on the same damaged vehicle from which it was
originally taken,
if the person reaffixes or intends to reaffix the original manufacturer's
identification
number plate in place of the identification number plate affixed on a new
dashboard that
has been or will be installed in the vehicle. The person must notify the
Secretary of State
each time the original manufacturer's identification number plate is reaffixed
on a
vehicle. The person must keep a record indicating that the identification
number plate
affixed on the new dashboard has been removed and has been replaced by the
manufacturer's identification number plate originally affixed on the vehicle.
The person
also must keep a record regarding the status and location of the identification
number
plate removed from the replacement dashboard.
The Secretary shall adopt rules for implementing this subsection (a-1).
(a-2) The owner of a vehicle repaired under subsection (a-1) must,
within 90 days of the date of the repairs, contact an officer of the Illinois
State Police Vehicle Inspection Bureau and arrange for an inspection of the
vehicle, by the officer or the officer's designee, at a mutually agreed upon
date and location.
(b) Sentence. A person convicted of a violation of this Section shall
be guilty of a Class 2 felony.
(c) The offenses set forth in subsection (a) of this Section shall not
include the offense set forth in Section 4-103.2 of this Code.
(Source: P.A. 100-745, eff. 8-10-18.)
(625 ILCS 5/4-103.1) (from Ch. 95 1/2, par. 4-103.1)
Sec. 4-103.1.
Vehicle theft conspiracy.
(a) Elements of the offense. A
person commits vehicle theft conspiracy when, with intent that a violation
of Section 4-103 of this Code be committed, he agrees with another to the
commission of such an offense. No person may be convicted of vehicle theft
conspiracy unless an overt act in furtherance of such an agreement is
alleged and proved to have been committed by him or by a co-conspirator,
and the accused is part of a common plan or scheme to engage in the unlawful
activity.
(b) Co-conspirators. It shall not be a defense to vehicle theft
conspiracy that the person or persons with whom the accused is alleged
to have conspired:
(c) Sentence. Vehicle theft conspiracy to violate Section 4-103 of
this Code is a Class 2 felony. Vehicle theft conspiracy to violate
Section 4-103.2 of this Code is a Class 1 felony.
(Source: P.A. 86-1209.)
(625 ILCS 5/4-103.2) (from Ch. 95 1/2, par. 4-103.2)
Sec. 4-103.2.
Aggravated offenses relating to motor vehicles and other
vehicles-Felonies.
(a) Except as provided in subsection (a-1), it is a violation of this
Chapter for:
who has been given a signal by a peace officer directing him to bring the vehicle to a stop, to willfully fail or refuse to obey such direction, increase his speed, extinguish his lights or otherwise flee or attempt to elude the officer. The signal given by the peace officer may be by hand, voice, siren, or red or blue light. The officer giving the signal, if driving a vehicle, shall display the vehicle's illuminated, oscillating, rotating or flashing red or blue lights, which when used in conjunction with an audible horn or siren would indicate that the vehicle is an official police vehicle. Such requirement shall not preclude the use of amber or white oscillating, rotating or flashing lights in conjunction with red or blue oscillating, rotating or flashing lights as required in Section 12-215 of this Code; or
(a-1) A person engaged in the repair or servicing of vehicles does not
violate
this
Chapter by knowingly possessing a manufacturer's identification number plate
for the
purpose of reaffixing it on the same damaged vehicle from which it was
originally taken,
if the person reaffixes or intends to reaffix the original manufacturer's
identification
number plate in place of the identification number plate affixed on a new
dashboard that
has been or will be installed in the vehicle. The person must notify the
Secretary of State
each time the original manufacturer's identification number plate is reaffixed
on a
vehicle. The person must keep a record indicating that the identification
number plate
affixed on the new dashboard has been removed and has been replaced by the
manufacturer's identification number plate originally affixed on the vehicle.
The person
also must keep a record regarding the status and location of the identification
number
plate removed from the replacement dashboard.
The Secretary shall adopt rules for implementing this subsection (a-1).
(a-2) The owner of a vehicle repaired under subsection (a-1) must,
within 90 days of the date of the repairs, contact an officer of the Illinois
State Police Vehicle Inspection Bureau and arrange for an inspection of the
vehicle, by the officer or the officer's designee, at a mutually agreed upon
date and location.
(b) The inference contained in paragraph (1) of subsection (a) of
Section 4-103 of this Code shall apply to subsection (a) of this Section.
(c) A person convicted of violating this Section shall be guilty of a
Class 1 felony.
(d) The offenses set forth in subsection (a) of this Section shall not
include the offenses set forth in Section 4-103 of this Code.
(Source: P.A. 93-456, eff. 8-8-03.)
(625 ILCS 5/4-103.3) (from Ch. 95 1/2, par. 4-103.3)
Sec. 4-103.3. Organizer of an aggravated vehicle theft conspiracy.
(a) A person commits the offense of organizer of a vehicle theft
conspiracy if:
(b) No person may be convicted of organizer of a vehicle theft
conspiracy unless an overt act in furtherance of the agreement is alleged
and proved to have been committed by him or by a co-conspirator, and the
accused is part of a common plan or scheme to engage in the unlawful activity.
(c) It shall not be a defense to organizer of a vehicle theft conspiracy
that the person or persons with whom the accused is alleged to have conspired:
(d) Notwithstanding Section 8-5 of the Criminal Code of 2012, a person
may be convicted and sentenced for both the offense of organizer of a
vehicle theft conspiracy and any other offense in this Chapter which is the
object of the conspiracy.
(e) Organizer of a vehicle theft conspiracy is a Class X felony.
(Source: P.A. 97-1150, eff. 1-25-13.)
(625 ILCS 5/4-104) (from Ch. 95 1/2, par. 4-104)
Sec. 4-104. Offenses relating to possession of titles and registration.
(a) It is a violation of this Chapter for:
(b) Sentence:
(Source: P.A. 101-395, eff. 8-16-19; 102-558, eff. 8-20-21.)
(625 ILCS 5/4-105) (from Ch. 95 1/2, par. 4-105)
Sec. 4-105. Offenses relating to disposition of titles and registration.
(a) It is a violation of this Chapter for:
(b) Sentence. A person convicted of a violation of this Section shall be guilty of a
Class 2 felony.
(Source: P.A. 101-395, eff. 8-16-19; 102-558, eff. 8-20-21.)
(625 ILCS 5/4-105.1) (from Ch. 95 1/2, par. 4-105.1)
Sec. 4-105.1.
Offenses relating to deletion or falsification
of information on title document.
(a) It is a violation of this Code
for a person to knowingly, with the intent to defraud, surrender or cause
to be surrendered any manufacturer's statement of origin, certificate of
title, salvage certificate, junking certificate, or other title document,
in exchange for a certificate of title or other title document of this State
or of any other State or foreign jurisdiction which results in or attempts to
result in:
(b) Presumptions. A title surrendered to another jurisdiction that is
subsequently submitted to any person, corporation, or other legal entity,
residing or doing business within Illinois, the following presumption shall
apply; if the title document fails to contain all of the previous information
required by Illinois law, it shall be presumed to have been done so knowingly.
It shall be a rebuttable presumption that any title document surrendered
or submitted with a false odometer reading shall be presumed to have been done
so knowingly.
(c) Sentence. A person convicted of a violation of this Section shall
be guilty of a Class A misdemeanor. A person convicted of
violating this Section a second or subsequent time shall be guilty of a Class 3
felony.
(Source: P.A. 91-571, eff. 1-1-00.)
(625 ILCS 5/4-105.5) (from Ch. 95 1/2, par. 4-105.5)
Sec. 4-105.5. Attempt. As defined in Section 8-4 of the Criminal Code of 2012.
(Source: P.A. 97-1150, eff. 1-25-13.)
(625 ILCS 5/4-106) (from Ch. 95 1/2, par. 4-106)
Sec. 4-106.
Principals.
It shall be a violation of the provisions of this Chapter for a person,
whether present or absent, to aid, abet, induce, procure or cause the
commission of an act which, if done directly by him, would constitute a
violation of the provisions of this Chapter.
(Source: P.A. 76-1586.)
(625 ILCS 5/4-107) (from Ch. 95 1/2, par. 4-107)
Sec. 4-107. Stolen, converted, recovered and unclaimed vehicles.
(a) Every Sheriff, Superintendent of police, Chief of police or other police
officer in command of any Police department in any City, Village or Town of
the State, shall, by the fastest means of communications available to his law
enforcement agency, immediately report to the Illinois State Police, in Springfield,
Illinois, the theft or recovery of any stolen or converted vehicle within
his district or jurisdiction. The report shall give the date of theft,
description of the vehicle including color, year of manufacture,
manufacturer's trade name, manufacturer's series name, body style, vehicle
identification number and license registration number, including the state
in which the license was issued and the year of issuance, together with the
name, residence address, business address, and telephone number of the
owner. The report shall be routed by the originating law enforcement
agency through the Illinois State Police District in which such agency is located.
(b) A registered owner or a lienholder may report the theft by
conversion of a vehicle, to the Illinois State Police, or any other police
department or Sheriff's office. Such report will be accepted as a report
of theft and processed only if a formal complaint is on file and a warrant
issued.
(c) An operator of a place of business for garaging, repairing, parking
or storing vehicles for the public, in which a vehicle remains unclaimed,
after being left for the purpose of garaging, repairing, parking or storage,
for a period of 15 days, shall, within 5 days after the expiration of that
period, report the vehicle as unclaimed to the municipal police
when the vehicle is within the corporate limits of any City, Village or
incorporated Town, or the County Sheriff, or State Police when the vehicle
is outside the corporate limits of a City, Village or incorporated Town. This
Section does not apply to any vehicle:
Failure to comply with this Section will result in the
forfeiture of storage fees for that vehicle involved.
(d) The Illinois State Police shall keep a complete record of all reports filed
under this Section of the Act. Upon receipt of such report, a careful
search shall be made of the records of the office of the Illinois State Police,
and where it is found that a vehicle reported recovered was stolen in a
County, City, Village or Town other than the County, City, Village or
Town in which it is recovered, the Illinois State Police shall immediately
notify the Sheriff, Superintendent of police, Chief of police, or other
police officer in command of the Sheriff's office or Police
department of the County, City, Village or Town in which the vehicle
was originally reported stolen, giving complete data as to the time
and place of recovery.
(e) Notification of the theft or conversion of a vehicle will be
furnished to the Secretary of State by the Illinois State Police. The Secretary
of State shall place the proper information in the license registration and
title registration files to indicate the theft or conversion of a motor
vehicle or other vehicle. Notification of the recovery of a vehicle
previously reported as a theft or a conversion will be furnished to the
Secretary of State by the Illinois State Police. The Secretary of State shall remove
the proper information from the license registration and title registration
files that has previously indicated the theft or conversion of a vehicle.
The Secretary of State shall suspend the registration of a vehicle upon
receipt of a report from the Illinois State Police that such vehicle was stolen or
converted.
(f) When the Secretary of State receives an application for a certificate
of title or an application for registration of a vehicle and it is determined
from the records of the office of the Secretary of State that such vehicle
has been reported stolen or converted, the Secretary of State shall immediately
notify the Illinois State Police or the Secretary of State Department of Police and shall give the Illinois State Police or the Secretary of State Department of Police the name and address
of the person or firm titling or registering the vehicle, together with all
other information contained in the application submitted by such person or
firm. If the Secretary of State Department of Police receives notification under this subsection (f), it shall conduct an investigation concerning the identity of the registered owner of the stolen or converted vehicle.
(g) During the usual course of business the manufacturer of any
vehicle shall place an original manufacturer's vehicle identification
number on all such vehicles manufactured and on any part of such
vehicles requiring an identification number.
(h) Except provided in subsection (h-1), if a manufacturer's vehicle
identification number is missing
or has been removed, changed or mutilated on any vehicle, or any
part of such vehicle requiring an identification number, the Illinois State Police or the Secretary of State Department of Police
shall restore, restamp or reaffix the vehicle identification number plate,
or affix a new plate bearing the original manufacturer's vehicle
identification number on each such vehicle and on all necessary parts of
the vehicles.
A vehicle identification number so
affixed, restored,
restamped, reaffixed or replaced is not falsified, altered or forged
within the meaning of this Act.
(h-1) A person engaged in the repair or servicing of vehicles may reaffix
a
manufacturer's identification number plate on the same damaged vehicle from
which it
was originally removed, if the person reaffixes the original manufacturer's
identification
number plate in place of the identification number plate affixed on a new
dashboard that
has been installed in the vehicle. The person must notify the Secretary of
State each time
the original manufacturer's identification number plate is reaffixed on a
vehicle. The
person must keep a record indicating that the identification number plate
affixed on the
new dashboard has been removed and has been replaced by the manufacturer's
identification number plate originally affixed on the vehicle. The person also
must keep a
record regarding the status and location of the identification number plate
removed from
the replacement dashboard.
The Secretary shall adopt rules for implementing this subsection (h-1).
(h-2) The owner of a vehicle repaired under subsection (h-1) must,
within 90 days of the date of the repairs, contact an officer of the Illinois
State Police Vehicle Inspection Bureau and arrange for an inspection of the
vehicle, by the officer or the officer's designee, at a mutually agreed upon
date and location.
(i) If a vehicle or part of any vehicle is found to
have the manufacturer's identification number removed, altered, defaced or
destroyed, the vehicle or part shall be seized by any law enforcement
agency having jurisdiction and held for the purpose of identification. In the
event that the manufacturer's identification number of a vehicle or part
cannot be identified, the vehicle or part shall be considered contraband, and
no right of property shall exist in any person owning, leasing or possessing
such property, unless the person owning, leasing or possessing the
vehicle or part acquired such without knowledge that the manufacturer's
vehicle identification number has been removed, altered, defaced, falsified
or destroyed.
Either the seizing law enforcement agency or the State's Attorney of
the county where the seizure occurred may make an application for an order
of forfeiture to the circuit court in the county of seizure. The
application for forfeiture shall be independent from any prosecution
arising out of the seizure and is not subject to any final determination of
such prosecution. The circuit court shall issue an order forfeiting the
property to the seizing law enforcement agency if the court finds that the
property did not at the time of seizure possess a valid manufacturer's
identification number and that the original manufacturer's identification
number cannot be ascertained. The seizing law enforcement agency may:
(i-1) If a motorcycle is seized under subsection (i), the motorcycle
must be returned within 45 days of the date of seizure to the person from whom
it was seized, unless
(i) criminal charges are pending against that person or (ii) an application
for
an
order of forfeiture has been submitted to the circuit in the county of
seizure or (iii) the circuit court in the county of seizure has received from
the seizing law enforcement agency and has granted a petition to extend, for a
single 30 day period, the 45 days allowed for return of the motorcycle. Except
as provided in subsection (i-2), a motorcycle returned to the person from whom
it was seized must be returned in essentially the same condition it was in at
the
time of seizure.
(i-2) If any part or parts of a motorcycle seized under subsection (i) are
found to be
stolen and are removed, the seizing law enforcement agency is not required to
replace the part or parts before returning the motorcycle to the person from
whom it
was seized.
(j) The Illinois State Police or the Secretary of State Department of Police shall notify the Secretary
of State
each time a manufacturer's vehicle identification number is affixed, reaffixed,
restored or restamped on any vehicle. The Secretary of State shall make
the necessary changes or corrections in his records, after the proper
applications and fees have been submitted, if applicable.
(k) Any vessel, vehicle or aircraft used with knowledge and consent
of the owner in the commission of, or in the attempt to commit as defined
in Section 8-4 of the Criminal Code of 2012, an offense prohibited
by Section 4-103 of this Chapter, including transporting of a stolen vehicle
or stolen vehicle parts, shall be seized by any law enforcement
agency. The seizing law enforcement agency may:
If the vehicle is sold at public sale, the proceeds of the sale shall be
paid to the law enforcement agency.
The law enforcement agency shall not retain, sell or dispose of a vehicle
under paragraphs (2) or (3) of this subsection (k) except upon an order
of forfeiture issued by the circuit court. The circuit court may issue
such order of forfeiture upon application of the law enforcement agency
or State's Attorney of the county where the law enforcement agency has
jurisdiction, or in the case of the Illinois State Police or the
Secretary of State, upon application of the Attorney General.
The court shall issue the order if the owner of the vehicle has been
convicted of transporting stolen vehicles or stolen vehicle parts and the
evidence establishes that the owner's vehicle has been used in the commission
of such offense.
The provisions of subsection (k) of this Section shall not apply to any
vessel, vehicle or aircraft, which has been leased, rented or loaned by
its owner, if the owner did not have knowledge of and consent to the use
of the vessel, vehicle or aircraft in the commission of, or in an attempt
to commit, an offense prohibited by Section 4-103 of this Chapter.
(Source: P.A. 102-538, eff. 8-20-21.)
(625 ILCS 5/4-108) (from Ch. 95 1/2, par. 4-108)
Sec. 4-108.
Violations of this Chapter.
(a) Any person who violates or
aids or abets in the violation of any of the provisions of Section 4-102,
4-103, 4-104 or 4-105 shall be guilty of such offense and be subject to
the same sentence as if he had committed the offense himself.
(b) Any person who is convicted of any offense under Chapter 4 of this
Act, in addition to any other fines or penalties provided therein, may be
required to compensate the victim, if known, involved in the related offense,
for any loss that the victim sustains to his person or property.
(c) The amount and method of payment of the compensation award shall
be determined at the time of the conviction.
(d) For purposes of this Section, "victim" shall mean the owner or other
legally entitled person.
(Source: P.A. 83-1473.)
(625 ILCS 5/4-109)
Sec. 4-109. Motor Vehicle Theft Prevention Program. The Secretary of
State, in conjunction with the Motor Vehicle Theft Prevention and Insurance Verification Council, is
hereby authorized to establish and operate a Motor Vehicle Theft Prevention
Program as follows:
(a) Voluntary program participation.
(b) The registered owner of a motor vehicle interested in participating in
the program shall sign an informed consent agreement designed by the Secretary
of State under subsection (e) of this Section indicating that the motor vehicle
registered to him is not normally operated between the hours of 1:00 a.m. and
5:00 a.m. The form and fee, if any, shall be submitted to the Secretary of
State for processing.
(c) Upon processing the form, the Secretary of State shall issue to the
registered owner a decal. The registered owner shall affix the decal in a
conspicuous place on his motor vehicle as prescribed by the Secretary of State.
(d) Whenever any law enforcement officer shall see a motor vehicle
displaying a decal issued under the provisions of subsection (c) of this
Section being operated upon the public highways of this State between the
hours of 1:00 a.m. and 5:00 a.m., the officer is authorized to stop that
motor vehicle and to request the driver to produce a valid driver's license
and motor vehicle registration card if required to be carried in the
vehicle. Whenever the operator of a motor
vehicle displaying a decal is unable to produce the documentation set forth
in this Section, the police officer shall investigate further to determine
if the person operating the motor vehicle is the registered owner or has
the authorization of the owner to operate the vehicle.
(e) The Secretary of State, in consultation with the Director of the Illinois State Police and Motor Vehicle Theft Prevention and Insurance Verification Council,
shall design the manner and form of the informed consent agreement required
under subsection (b) of this Section and the decal required under subsection
(c) of this Section.
(f) The Secretary of State shall provide for the recording of
registered owners of motor vehicles who participate in the program. The
records shall be available to all law enforcement departments, agencies,
and forces. The Secretary of State shall cooperate with and assist all law
enforcement officers and other agencies in tracing or examining any
questionable motor vehicles in order to determine the ownership of the motor
vehicles.
(g) A fee not to exceed $10 may be charged for the informed consent form
and decal provided under this Section. The fee, if any, shall be set by the
Motor Vehicle Theft Prevention and Insurance Verification Council and shall be collected by the Secretary
of State and deposited into the Vehicle Hijacking and Motor Vehicle Theft Prevention and Insurance Verification Trust Fund.
(h) The Secretary of State, in consultation with the Director of the Illinois State Police and the Motor Vehicle Theft Prevention and Insurance Verification Council
shall promulgate rules and regulations to effectuate the purposes of this
Section.
(Source: P.A. 102-538, eff. 8-20-21; 102-904, eff. 1-1-23.)
(625 ILCS 5/Ch. 4 Art. II heading)
(625 ILCS 5/4-201) (from Ch. 95 1/2, par. 4-201)
Sec. 4-201.
Abandonment of vehicles prohibited.
(a) The abandonment of a
vehicle or any part thereof on any highway in this State is unlawful and
subject to penalties as set forth under Penalty Section 4-214 of this Chapter.
(b) The abandonment of a vehicle or any part thereof on private or
public property, other than a highway, in view of the general public,
anywhere in this State is unlawful except on property of the owner or
bailee of such abandoned vehicle. A vehicle or any part thereof so
abandoned on private property shall be authorized for removal, by a law
enforcement agency having jurisdiction, after a waiting period of 7 days
or more, or may be removed immediately if determined to be a hazardous
dilapidated motor vehicle under Section 11-40-3.1 of the Illinois Municipal
Code. A violation of subsections (a) or (b) of this Section is subject to
penalties as set forth
under Section 4-214 of this Chapter.
(c) A towing service may begin to process an unclaimed vehicle as
abandoned by requesting a record search by the Secretary of State up to 10 days
after the date of the tow, or any later date acceptable to the Secretary of
State. This subsection (c) shall not apply to
vehicles towed by order or authorization of a law enforcement agency.
(Source: P.A. 90-330, eff. 8-8-97.)
(625 ILCS 5/4-202) (from Ch. 95 1/2, par. 4-202)
Sec. 4-202. Abandoned, lost, stolen or unclaimed vehicle notification
to law enforcement agencies.
When an abandoned, lost, stolen or unclaimed vehicle comes into the
temporary possession or custody of a person in this State, not the owner
of the vehicle, such person shall immediately notify the municipal
police when the vehicle is within the corporate limits of any city,
village or town having a duly authorized police department, or the State
Police or the county sheriff when the vehicle is outside the corporate
limits of a city, village or town. Upon receipt of such notification,
the municipal police, Illinois State Police or county sheriff will authorize a
towing service to remove and take possession of the abandoned, lost,
stolen or unclaimed vehicle. The towing service will safely keep the
towed vehicle and its contents, maintain a record of the tow as set
forth in Section 4-204 for law enforcement agencies, until the vehicle
is claimed by the owner or any other person legally entitled to
possession thereof or until it is disposed of as provided in this
Chapter.
(Source: P.A. 102-538, eff. 8-20-21.)
(625 ILCS 5/4-203) (from Ch. 95 1/2, par. 4-203)
(Text of Section before amendment by P.A. 102-982)
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 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:
(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:
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:
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 Code. Every such lien
shall be payable in cash or by cashier's check, certified check, debit card, credit card, or wire transfer, at the option of the party taking possession of the vehicle.
(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 Code.
(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:
(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. 99-438, eff. 1-1-16; 100-311, eff. 11-23-17; 100-537, eff. 6-1-18; 100-863, eff. 8-14-18.)
(Text of Section after amendment by P.A. 102-982)
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 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:
(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:
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:
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 Code. Every such lien
shall be payable in cash or by cashier's check, certified check, debit card, credit card, or wire transfer, at the option of the party taking possession of the vehicle.
(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 a crash. 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 a crash 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 a crash. 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 Code.
(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:
(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. 102-982, eff. 7-1-23.)
(625 ILCS 5/4-203.5)
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:
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) (Blank).
(Source: P.A. 102-538, eff. 8-20-21; 102-759, eff. 1-1-23.)
(625 ILCS 5/4-204) (from Ch. 95 1/2, par. 4-204)
Sec. 4-204. Police tows; reports, release of vehicles, payment. When
a vehicle is authorized to be towed away as provided in Section
4-202 or 4-203:
(Source: P.A. 101-395, eff. 8-16-19.)
(625 ILCS 5/4-205) (from Ch. 95 1/2, par. 4-205)
Sec. 4-205. Record searches.
(a) When a law enforcement agency authorizing the impounding of a vehicle
does not know the identity of the registered owner, lienholder or other legally
entitled person, that law enforcement agency will cause the vehicle
registration records of the State of Illinois to be searched by the
Secretary of State for the purpose of obtaining the required ownership
information.
(b) The law enforcement agency authorizing the impounding of a vehicle
will cause the stolen motor vehicle files of the Illinois State Police to be
searched by a directed communication to the Illinois State Police for stolen or
wanted information on the vehicle. When the Illinois State Police files are
searched with negative results, the information contained in the
National Crime Information Center (NCIC) files will be searched by the Illinois
State Police. The information determined from these record searches will
be returned to the requesting law enforcement agency for that agency's
use in sending a notification by certified mail to the registered owner,
lienholder and other legally entitled persons advising where the vehicle
is held, requesting a disposition be made and setting forth public sale
information. Notification shall be sent no later than 10 business days after
the date the law enforcement agency impounds or authorizes the impounding of a
vehicle, provided that if the law enforcement agency is unable to determine the
identity of the registered owner, lienholder or other person legally entitled
to ownership of the impounded vehicle within a 10 business day period after
impoundment, then notification shall be sent no later than 2 days after the
date the identity of the registered owner, lienholder or other person legally
entitled to ownership of the impounded vehicle is determined. Exceptions to a
notification by certified mail to the registered owner, lienholder and other
legally entitled persons are set forth in Section 4-209 of this Code.
(c) When ownership information is needed for a
towing service to give notification as required under this Code, the towing
service may cause the vehicle registration records of the State of Illinois to
be searched by the Secretary of State, and in such case, the towing service also shall give notice to all lienholders of record within the time period required for such other notices.
The written request of a towing service, in the form and
containing the information prescribed by the Secretary of State by rule, may be
transmitted to the Secretary of State in person, by U.S.
mail or other delivery service, by facsimile transmission, or by other
means the Secretary of State deems acceptable.
The Secretary of State shall provide the required information, or
a statement that the information was not found in the vehicle registration
records of the State, by U.S. mail or other delivery service, facsimile
transmission, as requested by the towing service, or by other means acceptable
to the Secretary of State.
(d) The Secretary of State may prescribe standards and procedures for
submission of requests for record searches and replies via computer link.
(e) Fees for services provided under this Section shall be in amounts
prescribed by the Secretary of State under Section 3-821.1 of this Code.
Payment may be made by the towing service using cash, any commonly accepted
credit card, or any other means of payment deemed acceptable by the Secretary
of State.
(Source: P.A. 102-538, eff. 8-20-21.)
(625 ILCS 5/4-206) (from Ch. 95 1/2, par. 4-206)
Sec. 4-206. Identifying and tracing of vehicle ownership by Illinois
State Police.
When the registered owner, lienholder or other person legally entitled to the
possession of a vehicle cannot be identified from the registration files
of this State or from the registration files of a foreign state, if
applicable, the law enforcement agency having custody of the vehicle
shall notify the Illinois State Police, for the purpose of identifying the
vehicle owner or other person legally entitled to the possession of the
vehicle. The information obtained by the Illinois State Police will be
immediately forwarded to the law enforcement agency having custody of
the vehicle for notification purposes as set forth in Section
4-205 of this Code.
(Source: P.A. 102-538, eff. 8-20-21.)
(625 ILCS 5/4-207) (from Ch. 95 1/2, par. 4-207)
Sec. 4-207.
Reclaimed vehicles; expenses.
(a) Any time before a vehicle is sold at public sale or disposed of as
provided in Section 4-208, the owner, lienholder or other person legally
entitled to its possession may reclaim the vehicle by presenting
to the law enforcement agency having custody of the vehicle proof of ownership
or proof of the right to possession of the vehicle.
(b) No vehicle shall be released to the owner, lienholder, or other person
under this Section until all towing, storage, and processing charges have been
paid.
(Source: P.A. 89-433, eff. 12-15-95.)
(625 ILCS 5/4-208) (from Ch. 95 1/2, par. 4-208)
Sec. 4-208. Disposal of unclaimed vehicles.
(a) In cities having a
population of more than 500,000, whenever an abandoned, lost, stolen or
unclaimed vehicle, or vehicle determined to be a hazardous dilapidated
motor vehicle pursuant to Section 11-40-3.1 of the Illinois Municipal Code,
remains unclaimed by the registered owner, lienholder or other legally
entitled person for a period of 18 days after notice has been given under
Sections 4-205 and 4-206 of this Code, if during that 18 days the possessor of the vehicle has sent an additional notice by first class mail to the registered owner, lienholder, or other legally entitled person, the vehicle shall be disposed,
pursuant to the provisions of the "Municipal purchasing act for cities of
500,000 or more population", to a person licensed as an automotive parts
recycler, rebuilder or scrap processor under Chapter 5 of this Code. With respect to any vehicle that has been booted, impounded, or both in accordance with subsection (c) of Section 11-208.3, a city with a population over 500,000 may establish a program whereby the registered owner, lienholder, or other legally entitled person is entitled to any proceeds from the disposition of the vehicle, less any reasonable storage charges, administrative fees, booting fees, towing fees, and parking and compliance fines and penalties.
(b) Except as provided in Section 4-208 for cities with more than
500,000 inhabitants, when an abandoned, lost, stolen or unclaimed
vehicle 7 years of age or newer remains unclaimed by the registered
owner, lienholder or other legally entitled persons for a
period of 30 days after notice has been given as provided in Sections 4-205
and 4-206 of this Code, the law enforcement agency or towing service having
possession of the vehicle shall cause it to be sold at public auction to a
person licensed as an automotive parts recycler, rebuilder or scrap
processor under Chapter 5 of this Code or the towing operator which towed
the vehicle. Notice of the time and place of the
sale shall be posted in a conspicuous place for at least 10 days prior to
the sale on the premises where the vehicle has been impounded. At least 10
days prior to the sale, the law enforcement agency where the vehicle is
impounded, or the towing service where the vehicle is impounded, shall
cause a notice of the time and place of the sale to be sent by certified
mail to the registered owner, lienholder, or other legally entitled persons. Notice as provided in Sections 4-205 and 4-206 of this Code and as
provided in this subsection (b) shall state the time and place of
sale and shall
contain a complete description
of the vehicle to be sold and what steps must be taken by any legally
entitled person to reclaim the vehicle.
(c) If an abandoned, lost, stolen, or unclaimed vehicle displays dealer
plates, notice under this Section and Section 4-209 of this Code shall be sent
to both the dealer and the registered owner, lienholder, or other legally
entitled persons.
(d) In those instances where the certified notification specified in
Sections 4-205 and 4-206 of this Code has been returned by the postal
authorities to the law enforcement agency or towing service, the sending of a second
certified notice will not be required.
(Source: P.A. 94-650, eff. 1-1-06.)
(625 ILCS 5/4-209) (from Ch. 95 1/2, par. 4-209)
Sec. 4-209. Disposal of unclaimed vehicles more than 7 years of age;
disposal of abandoned or unclaimed vehicles without notice.
(a) When the identity of the registered owner, lienholder, or
other legally entitled persons of an abandoned, lost, or unclaimed
vehicle of 7 years of age or newer cannot be determined by any means
provided for in this Chapter, the vehicle may be sold as provided in
Section 4-208 without notice to any person whose identity cannot be determined.
(b) When an abandoned vehicle of more than 7 years of age is
impounded as specified by this Chapter, or when any such vehicle is towed at
the request or with the consent of the owner or operator and is subsequently
abandoned, it will be kept in custody or storage for a
minimum of 10 days for the purpose of determining the identity of the
registered owner, lienholder, or other legally entitled persons
and contacting the registered owner, lienholder, or other legally entitled
persons by the U. S. Mail, public service or
in person for a determination of disposition; and, an examination of the Illinois
State Police stolen vehicle files for theft and wanted information. At
the expiration of the 10 day period, without the benefit of disposition
information being received from the registered owner,
lienholder, or other legally entitled persons, the vehicle may be disposed of
in either of the following ways:
(c) A vehicle classified as an antique vehicle, expanded-use antique vehicle, custom vehicle, or
street rod may however be sold
to a person desiring to restore it.
(Source: P.A. 102-538, eff. 8-20-21.)
(625 ILCS 5/4-209.1) (from Ch. 95 1/2, par. 4-209.1)
Sec. 4-209.1.
Disposal of hazardous dilapidated motor vehicles.
Any
hazardous dilapidated motor vehicle impounded pursuant to the provisions of
this Article and Section 11-40-3.1 of the Illinois Municipal Code, whether
impounded at a public facility or on the property of private towing
service, shall be kept in custody for a period of 10 days for the purpose
of determining the identity of the registered owner or lienholder and
contacting such owner or lienholder, if known, by regular U.S. Mail. At
the expiration of the 10-day period, without benefit of disposition
information being received from the registered owner or lienholder, the law
enforcement agency having jurisdiction will authorize the disposal of the
vehicle as junk.
(Source: P.A. 86-460.)
(625 ILCS 5/4-209.2)
Sec. 4-209.2.
Collection of unpaid charges.
In an action to collect
towing, storage, and processing charges that remain unpaid after disposition of
a vehicle towed or relocated under this Code, the towing service may recover
reasonable collection costs.
(Source: P.A. 89-433, eff. 12-15-95.)
(625 ILCS 5/4-210) (from Ch. 95 1/2, par. 4-210)
Sec. 4-210.
Police reports after vehicle is reclaimed or disposed of.
When a vehicle in the custody of a law enforcement agency is reclaimed
by the registered owner, lienholder or other legally entitled person, or when the
vehicle is sold at public sale or otherwise disposed of as provided in this
Chapter, a report of the transaction will be maintained by that law
enforcement agency for a period of one year from the date of the sale or
disposal.
(Source: P.A. 82-363.)
(625 ILCS 5/4-211) (from Ch. 95 1/2, par. 4-211)
Sec. 4-211.
Disposition of proceeds of sale of unclaimed vehicles.
(a) When a vehicle located within the corporate limits of a city,
village or town is authorized to be towed away by a law enforcement agency
having jurisdiction and disposed of as set forth in this Chapter, the
proceeds of the public sale or disposition after the deduction of towing,
storage and processing charges shall be deposited in the treasury of such
city, village or town.
(b) When a vehicle located outside the corporate limits of a city,
village or town is authorized to be towed away by a law enforcement agency
having jurisdiction and disposed of as set forth in this Chapter, the
proceeds of the public sale or disposition, after deducting towing, storage
and processing costs shall be deposited in the county treasury of the
county where the vehicle was located at the time of the tow.
(c) The provisions of this Section shall not apply to vehicles disposed
of or sold at public sale under subsection (k) of Section 4-107 of this Code.
(Source: P.A. 83-830.)
(625 ILCS 5/4-212) (from Ch. 95 1/2, par. 4-212)
Sec. 4-212.
Ownership documents for vehicles after public sale - removal
of liens. When an applicant for a salvage certificate or junking
certificate under this Chapter presents
to the Secretary of State proof that he has purchased or acquired a vehicle
at a public sale as authorized by this Chapter and such fact is certified
to by the law enforcement agency having jurisdiction over the public sale
of a vehicle, the Secretary of State shall issue a salvage certificate or
junking certificate for the vehicle upon receipt of the statutory fee and a
properly executed application for a salvage certificate or junking
certificate. The salvage certificate or junking certificate issued by the
Secretary of State under this Section shall be free of any lien that
existed against the vehicle prior to the time the vehicle was acquired by
the applicant under this Chapter.
(Source: P.A. 85-951.)
(625 ILCS 5/4-212.1) (from Ch. 95 1/2, par. 4-212.1)
Sec. 4-212.1.
In cities with more than 500,000 inhabitants, the
corporate authorities may, by ordinance, designate any department of
municipal government to do any of the following:
(1) To perform any of the duties and functions specified for law
enforcement agencies in subsection (a) of Section 4-205 and in Sections
4-201, 4-203, 4-204, 4-206, 4-207, 4-208, 4-209, 4-210, 4-211 and 4-212; and
(2) To authorize a towing service to remove and take possession of
abandoned, lost, stolen or unclaimed vehicles, in the manner that municipal
police may make such authorization pursuant to Section 4-202; and
(3) To send notifications as required under subsection (b) of Section 4-205.
(Source: P.A. 86-947.)
(625 ILCS 5/4-213) (from Ch. 95 1/2, par. 4-213)
Sec. 4-213. Liability of law enforcement officers, agencies, and towing
services.
(a) A law enforcement officer or agency, a department of municipal
government designated under Section 4-212.1 or its officers or
employees, or a towing service owner, operator, or
employee shall not be held to answer or be liable for damages in any action
brought by the registered owner, former registered owner, or his legal
representative, lienholder or any other person legally entitled to the
possession of a vehicle when the vehicle was processed and sold or disposed of
as provided by this Chapter.
(b) A towing service, and any of its officers or employees, that
removes or tows a vehicle as a result of being directed to do so by
a law enforcement officer or agency or a department of municipal government or
its officers or employees shall not be held to answer or be liable for loss of or damages to any real or personal property that occurs in the
course of the removal or towing of a vehicle or its contents (i) on a limited
access highway in a designated Incident Management Program that uses fast lane
clearance techniques as defined by the Department of Transportation or (ii) at the direction of a peace officer, a highway authority official, or a representative of local authorities, under Section 11-402 or 11-404 of this Code.
(Source: P.A. 95-407, eff. 1-1-08.)
(625 ILCS 5/4-214) (from Ch. 95 1/2, par. 4-214)
Sec. 4-214.
Violations of Section 4-201.
(a) Any person who violates Section 4-201 of this Code or who
aids and abets in that violation:
(b) When a vehicle is abandoned, it shall be presumed that the last
registered owner is responsible for the abandonment and shall be liable for
all towing, storage, and processing charges and collection costs, less any
amounts realized in the disposal of the vehicle. The last registered owner's
liability for storage fees may not exceed a maximum of 30 days' storage fees.
The presumption established under this subsection may
be rebutted by a showing that, prior to the time of the tow:
If the presumption established under this subsection is rebutted, the person
responsible for theft of the vehicle or to whom the vehicle was sold or
transferred is liable for all towing, storage, and processing charges and
collection costs.
(Source: P.A. 89-433, eff. 12-15-95.)
(625 ILCS 5/4-214.1)
Sec. 4-214.1. (Repealed).
(Source: P.A. 95-621, eff. 6-1-08. Repealed by P.A. 101-652, eff. 7-1-21.)
(625 ILCS 5/4-215)
Sec. 4-215.
Rebuilt vehicles; clean titles.
Persons licensed under
Section 5-301 of this Code may obtain a certificate of title that does not bear
the notation "REBUILT" from a certificate of purchase when the damage to the
vehicle is 25% or less of its market value, there has been no structural damage
to the vehicle, there is no history of a salvage certificate, and the vehicle
has undergone a salvage inspection by the Secretary of State and a safety
inspection under Section 13-101 of this Code. The application for a
certificate of title shall contain an affirmation under penalty for perjury
that the vehicle on the date of the application is not damaged in excess of 25%
of its market value, has no structural damage, and has no history of
salvage.
(Source: P.A. 89-433, eff. 12-15-95.)
(625 ILCS 5/4-216)
Sec. 4-216. Storage fees; notice to lienholder of record.
(a) Any commercial vehicle relocator or any other private towing service providing removal or towing services pursuant to this Code and seeking to impose fees in connection with the furnishing of storage for a vehicle in the possession of the commercial vehicle relocator or other private towing service must provide written notice within 2 business days after the vehicle is removed or towed, by certified mail, return receipt requested, to the lienholder of record, regardless of whether the commercial vehicle relocator or other private towing service enforces a lien under the Labor and Storage Lien Act or the Labor and Storage Lien (Small Amount) Act. The notice shall be effective upon mailing and include the rate at which fees will be incurred, and shall provide the lienholder with an opportunity to inspect the vehicle on the premises where the vehicle is stored within 2 business days of the lienholder's request. The date on which the assessment and accrual of storage fees may commence is the date of the impoundment of the vehicle, subject to any applicable limitations set forth by a municipality authorizing the vehicle removal. Payment of the storage fees by the lienholder may be made in cash or by cashier's check, certified check, debit card, credit card, or wire transfer, at the option of the lienholder taking possession of the vehicle. The commercial vehicle relocator or other private towing service shall furnish a copy of the certified mail receipt to the lienholder upon request.
(b) The notification requirements in subsection (a) of this Section apply in addition to any lienholder notice requirements under this Code relating to the removal or towing of an abandoned, lost, stolen, or unclaimed vehicle. If the commercial vehicle relocator or other private towing service fails to comply with the notification requirements set forth in subsection (a) of this Section, storage fees shall not be assessed and collected and the lienholder shall be entitled to injunctive relief for possession of the vehicle without the payment of any storage fees.
(c) If the notification required under subsection (a) was not sent and a lienholder discovers its collateral is in the possession of a commercial vehicle relocator or other private towing service by means other than the notification required in subsection (a) of this Section, the lienholder is entitled to recover any storage fees paid to the commercial vehicle relocator or other private towing service to reclaim possession of its collateral.
(d) An action under this Section may be brought by the lienholder against the commercial vehicle locator or other private towing service in the circuit court.
(e) Notwithstanding any provision to the contrary in this Code, a commercial vehicle relocator or other private towing service seeking to impose storage fees for a vehicle in its possession may not foreclose or otherwise enforce its claim for payment of storage services or any lien relating to the claim pursuant to this Code or other applicable law unless it first complies with the lienholder notification requirements set forth in subsection (a) of this Section.
(f) If the vehicle that is removed or towed is registered in a state other than Illinois, the assessment and accrual of storage fees may commence on the date that the request for lienholder information is filed by the commercial vehicle relocator or other private towing service with the applicable administrative agency or office in that state if: (i) the commercial vehicle relocator or other private towing service furnishes the lienholder with a copy or proof of filing of the request for lienholder information; (ii) the commercial vehicle relocator or other private towing service provides to the lienholder of record the notification required by this Section within one business day after receiving the requested lienholder information; and (iii) the assessment of storage fees complies with any applicable limitations set forth by a municipality authorizing the vehicle removal.
(Source: P.A. 100-311, eff. 11-23-17; 100-863, eff. 8-14-18.)
(625 ILCS 5/Ch. 4 Art. III heading)
(625 ILCS 5/4-300) (from Ch. 95 1/2, par. 4-300)
Sec. 4-300.
Definitions.
For the purposes of this Article, the following word shall have the
meaning ascribed to it as follows:
Board. The Vehicle Recycling Board of the State of Illinois, acting
directly or through its duly authorized officers and agents.
(Source: P.A. 78-857.)
(625 ILCS 5/4-301) (from Ch. 95 1/2, par. 4-301)
Sec. 4-301.
State policy.
The General Assembly finds that abandoned and derelict vehicles: constitute a
safety hazard and a public nuisance; are detrimental to the health,
safety and welfare of the general public by harboring disease, providing
breeding places for vermin, inviting plundering, creating fire hazards,
and presenting physical dangers to children and others; produce scenic blights which
degrade the environment and adversely affect land values and the proper
maintenance and
continuing development of the State of Illinois and all of its
subdivisions; represent a resource out of place and an energy
loss to the Illinois economy, and require state and
local governmental attention, in conjunction with any federal
governmental attention, in order to assure the expeditious removal and
recycling of these abandoned and derelict vehicles.
The General Assembly declares therefore, that it is the policy of the
State of Illinois, to:
1. Prohibit the abandonment of vehicles and the retention of derelicts,
and to enforce such
prohibition by law while reminding vehicle owners of their own individual
responsibility to dispose of such vehicles;
2. Encourage the development of procedures and techniques to
facilitate the expeditious removal of abandoned and derelict vehicles from public or
private premises;
3. Encourage the State of Illinois and all of its political
subdivisions, in cooperation with the federal government and the private
sector of our State, and in cooperation with other states of the United
States, to recover and recycle the resource represented by abandoned
and derelict vehicles to the fullest extent practicable.
(Source: P.A. 81-653.)
(625 ILCS 5/4-302) (from Ch. 95 1/2, par. 4-302)
Sec. 4-302. Vehicle Recycling Board. There is hereby created the Vehicle Recycling Board of the State of
Illinois composed of the
Secretary of Transportation, the Director
of the Illinois State Police, the Director of Public Health,
the Director of the Environmental
Protection Agency or their
designated representatives. The Governor shall designate the Chairman and
Secretary of the Board.
The Board shall appoint an advisory committee, of no less than 10 members,
to include an official representative of the Office of the Secretary of
State as designated by the Secretary; and other appropriate representatives
from such sources as: statewide associations of city, county and township
governing bodies; knowledgeable successful leaders from the auto recycling
private sector; the State associations of chiefs of police, county sheriffs,
police officers; and State agencies having a direct or indirect relationship
with vehicle recycling.
(Source: P.A. 102-538, eff. 8-20-21.)
(625 ILCS 5/4-303) (from Ch. 95 1/2, par. 4-303)
Sec. 4-303.
Tenure, vacancies and expenses.
State officers and their designated representatives on the Board and representatives
of the State agencies serving on the advisory committee, shall serve
without additional compensation and their necessary expenses shall be
borne by the State office or agency represented. Members
of the advisory committee shall be
reimbursed for their necessary expenses in their attendance to
meetings and functions as required by the Board.
The Board shall employ such personnel as deemed necessary by the Board
to implement and administer this Act and any expenses incurred in its administration
may be
incurred and expended only within and pursuant to the appropriations
made by the General Assembly.
The records of the Board shall be subject to audit by the Auditor
General.
(Source: P.A. 81-653.)
(625 ILCS 5/4-304) (from Ch. 95 1/2, par. 4-304)
Sec. 4-304.
Implementation and administration of policy.
The Board
shall consider and adopt such programs as are designed to implement and
administer the policies hereinbefore expressed and within the
appropriations provided for by the General Assembly.
In adopting such programs, the Board shall take into consideration
the programs of the federal government in the same field, so as to
assure full coordination therewith and that the State of Illinois does
not duplicate federal actions and programs. The programs to be
considered by the Board shall in addition be designed to:
The Board is empowered to negotiate and enter into reciprocal
agreements with other states and State and federal agencies, in
furtherance of the provisions of this Act, as amended; provided,
however, that no such reciprocal agreement may be entered into without
the approval and authorization of the State body legally required to
approve such agreements.
The Board shall make rules, regulations and by-laws, not inconsistent
with this Act or any other law of this State, as to its own
organization
and conduct and for the implementation and administration of this Act.
The Board is further empowered to enter into an agreement with any
State agency represented on the Board, to carry out the administration
of the abandoned and derelict vehicle abatement program of the Board,
and to make such funds available as may be found necessary by the Board,
as appropriated by the General Assembly.
(Source: P.A. 90-655, eff. 7-30-98; 91-357, eff. 7-29-99.)
(625 ILCS 5/4-305) (from Ch. 95 1/2, par. 4-305)
Sec. 4-305.
Inventory, collection and disposal facilities.
If not otherwise economically practicable, the Board may provide by contract
with private persons or agencies, or with political subdivisions of the
State of Illinois and all local governmental units of government, for the
inventory, collection and disposal or any portion thereof,
of abandoned and derelict vehicles to wrecking, salvage or recycling
plants, or, provide facilities for the collection and proper disposal of
any vehicle under the provisions of this Act, as amended.
The Board may further formulate a program, statewide or within prescribed
areas, for the inventory and collection of abandoned and derelict
vehicles and to provide for their junking, salvage or recycling. In all
cases, the Board shall coordinate such program with each affected State
agency, local governmental unit, and local law enforcement agencies.
The Board may further subsidize political subdivisions of this State, local
governmental units and local law enforcement agencies
for their costs, provable by audit and not otherwise recoverable from
any proceeds derived from any sale of abandoned and derelict vehicles,
in collecting, storing and disposing of such vehicles
during a reimbursement period set by the Board.
Any expenditure of funds hereunder shall be subject to audit by the Auditor
General, within the appropriations for this purpose by the General Assembly,
and may be made only in the event that cost-analysis and program efficiency
show that such reimbursement subsidy is justified.
No owner of any abandoned or derelict vehicle shall in any way, receive
any funds hereunder. This shall not, however, prohibit the Board from
examining the strategy of paying owners of discarded vehicles a limited
sum for delivering their vehicles to a collection point when scrap prices
are depressed; and bringing emergency measures such as this to the attention
of the General Assembly for its consideration at a later time.
(Source: P.A. 81-653.)
(625 ILCS 5/4-306) (from Ch. 95 1/2, par. 4-306)
Sec. 4-306.
Federal aid.
The Board is authorized and empowered to do all
things necessary and proper to fully cooperate with any agency of the United
States in the administration of any federal act relating to abandoned and
derelict vehicles or the recycling or scrapping of vehicles now in effect
or hereafter enacted for the purpose of appropriation of funds for the payment
to or toward the junking, salvaging, recycling or scrapping of retired
and discarded vehicles.
Whenever federal funds are expended to provide for the
payment to or toward the junking, salvaging, recycling or scrapping of
such vehicles, the amount received as reimbursement therefor shall be
paid into the fund or trust fund in the State Treasury from which such expenditure
was made.
(Source: P.A. 81-653.)
(625 ILCS 5/4-307) (from Ch. 95 1/2, par. 4-307)
Sec. 4-307.
Funding and fees.
(a) The programs initiated by the Board
shall be funded by appropriations by the General Assembly to the Board.
In addition to any fees enacted by the General Assembly, the Board
shall recommend additional and optional methods of financing such programs
to the end that the programs shall become self-sufficient.
(b) In addition to any provisions made by the General Assembly,
the Board shall recommend incentives to induce the junking of abandoned
and derelict vehicles not suitable for rebuilding or restoring as antiques
or historic vehicles. The Board may further recommend a subsidy to
implement Section 4-305.
(Source: P.A. 84-470.)
Structure Illinois Compiled Statutes
625 ILCS 5/ - Illinois Vehicle Code.
Chapter 1 - Title And Definitions
Chapter 2 - The Secretary Of State
Chapter 3 - Certificates Of Title And Registration Of Vehicles
Chapter 4 - Anti-Theft Laws and Abandoned Vehicles
Chapter 5 - Dealers, Transporters, Wreckers And Rebuilders
Chapter 6 - The Illinois Driver Licensing Law
Chapter 7 - Illinois Safety And Family Financial Responsibility Law
Chapter 8 - Motor Vehicles Used For Transportation Of Passengers
Chapter 9 - Owners Of For Rent Vehicles For-Hire
Chapter 11 - Rules Of The Road
Chapter 12 - Equipment Of Vehicles
Chapter 13 - Inspection Of Vehicles
Chapter 13B - Emission Inspection (Repealed)
Chapter 13C - Emission Inspection
Chapter 15 - Size, Weight, Load And Permits
Chapter 16 - Enforcement, Penalties And Disposition Of Fines And Forfeitures, And Criminal Cases
Chapter 17 - Illinois Highway Safety Law
Chapter 18a - Illinois Commercial Relocation Of Trespassing Vehicles Law
Chapter 18b - Motor Carrier Safety Regulations
Chapter 18c - Illinois Commercial Transportation Law
Chapter 18d - Illinois Commercial Safety Towing Law
Chapter 20 - Miscellaneous Provisions, Effect Of Act And Repeal Of Named Acts