Public Act 095-0754
 		





HB5907 Enrolled
LRB095 14797 WGH 46339 b






    AN ACT concerning transportation.

 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:



 
    Section 5. The Illinois Vehicle Code is amended  by changing 
Sections 7-201, 7-204, 7-212, and 11-406  as follows:
 



    (625 ILCS 5/7-201)  (from Ch. 95 1/2, par. 7-201)



    Sec. 7-201. Application of Article II. The Administrator as 
soon as practicable after the receipt of the
report, required 
to be filed under Sections 11-406 and 11-410, of a motor

vehicle accident occurring within this State and that has 
resulted in
bodily injury or death of any person or that damage 
to the property of
any one person in excess of $1,500 (or $500 
if any of  the  vehicles involved in the accident is subject to 
Section 7-601 but is not covered by a liability insurance 
policy in accordance with Section 7-601) $500 was sustained, 
shall determine:


        1.  Whether Section 7-202 of this Code requires the 
    deposit of security by
or on behalf of any person who was 
    the operator or owner of any motor
vehicle in any manner 
    involved in the accident; and


        2.  What amount of security shall be sufficient to 
    satisfy any potential
judgment or judgments for money 
    damages resulting from the accident as may
be recovered 
    against the operator or owner, which amount shall in no 
    event
be less than $1,500 (or $500 if any of  the  vehicles 
    involved in the accident is subject to Section 7-601 but is 
    not covered by a liability insurance policy in accordance 
    with Section 7-601) $500.

(Source: P.A. 87-829.)

 



    (625 ILCS 5/7-204)  (from Ch. 95 1/2, par. 7-204)



    Sec. 7-204. Form and amount of security - Definition. 

    (A) Any security required to be deposited under this Act 
shall be in
the form as the Secretary of State may require by 
administrative rule, and
in the amounts as the
Administrator 
may determine to be sufficient to satisfy any judgment or

judgments for damages against an operator or owner but in no 
case in excess
of the limits specified in Section 7-203 of this 
Act in reference to the
acceptable limits of a policy or bond 
nor for an amount less than $1,500 (or $500 if any of  the  
vehicles involved in the accident is subject to Section 7-601 
but is not covered by a liability insurance policy in 
accordance with Section 7-601) $500.

    (B) The person depositing security shall specify in writing 
the person
or persons on whose behalf the deposit is made and, 
while at any time the
deposit is in the custody of the 
Secretary of State or State Treasurer, the
person depositing it 
may, in writing, amend the specification of the person
or 
persons on whose behalf the deposit is made to include an 
additional
person or persons; provided, however, that a single 
deposit of security
shall be applicable only on behalf of 
persons, required to furnish security
because of the same 
accident.

    (C) Within 10 days after any security required under the 
provisions of
this Article is deposited with the Secretary of 
State, the Secretary shall
send notice of the security deposit 
to the following, if known:


        1. To each owner and operator of any vehicle involved 
    in the accident
that sustained damage in excess of $1,500 
    (or $500 if any of  the  vehicles involved in the accident is 
    subject to Section 7-601 but is not covered by a liability 
    insurance policy in accordance with Section 7-601) $500;


        2. To any person who sustained damage to personal or 
    real property in
excess of $1,500 (or $500 if any of  the  
    vehicles involved in the accident is subject to Section 
    7-601 but is not covered by a liability insurance policy in 
    accordance with Section 7-601) $500;


        3. To any person who was injured as a result of the 
    accident; and


        4. To the estate of any person killed as a result of 
    the accident.

(Source: P.A. 87-829.)

 



    (625 ILCS 5/7-212)  (from Ch. 95 1/2, par. 7-212)



    Sec. 7-212. Authority of Administrator and Secretary of 
State to decrease
amount of
security.  The Administrator may 
reduce the amount of security ordered in any
case
within one 
year after the date of the accident, but in no event for an

amount less than $1,500 (or $500 if any of  the  vehicles 
involved in the accident is subject to Section 7-601 but is not 
covered by a liability insurance policy in accordance with 
Section 7-601) $500, if, in the judgment of the Administrator 
the amount
ordered is excessive, or may revoke or rescind its 
order requiring the
deposit of security in any case within one 
year after the date of the
accident if, in the judgment of the 
Administrator, the provisions of
Sections 7-202 and 7-203 
excuse or exempt the operator or owner from the
requirement of 
the deposit. In case the security originally ordered has
been 
deposited the excess of the reduced amount ordered shall be 
returned
to the depositor or his personal representative 
forthwith, notwithstanding
the provisions of Section 7-214. 
The Secretary of State likewise shall have
authority granted to 
the Administrator to reduce the amount of security
ordered by 
the Administrator.

(Source: P.A. 87-829.)

 



    (625 ILCS 5/11-406)  (from Ch. 95 1/2, par. 11-406)



    Sec. 11-406. Duty to report accident. 

    (a) The driver of a vehicle that is in any manner involved 
in an
accident within this State, resulting in injury to or 
death of any
person, or in which damage to the property of any 
one person, including
himself, in excess of $1,500 (or $500 if 
any of  the  vehicles involved in the accident is subject to 
Section 7-601 but is not covered by a liability insurance 
policy in accordance with Section 7-601) $500 is sustained, 
shall, as soon as possible but
not later than 10 days after the 
accident, forward a written report of
the accident to the 
Administrator.

    (b) Whenever a school bus is involved in an accident in 
this State,
caused by a collision, a sudden stop or otherwise, 
resulting in any
property damage, personal injury or death and 
whenever an accident
occurs within 50 feet of a school bus in 
this State resulting in
personal injury to or the death of any 
person while awaiting or
preparing to board the bus or 
immediately after exiting the bus, the
driver shall as soon as 
possible but not later than 10 days after the
accident, forward 
a written report to the Department of Transportation.
If a 
report is also required under Subsection (a) of this Section, 
that
report and the report required by this Subsection shall be 
submitted on
a single form.

    (c) The Administrator may require any driver, occupant or 
owner of a
vehicle involved in an accident of which report must 
be made as provided
in this Section or Section 11-410 of this 
Chapter to file supplemental
reports whenever the original 
report is insufficient in the opinion of
the Secretary of State 
or the Administrator, and may require witnesses
of the accident 
to submit written reports to the Administrator. The
report may 
include photographs, charts, sketches, and graphs.

    (d) Should the Administrator learn through other reports of

accidents required by law of the occurrence of an accident 
reportable
under this Article and the driver, owner, or witness 
has not reported as
required under Subsections (a), (b) or (c) 
of this Section or Section
11-410, within the time specified, 
the person is not relieved of the
responsibility and the 
Administrator shall notify the person by first
class mail 
directed to his last known address of his legal obligation.

However, the notification is not a condition precedent to 
impose the
penalty for failure to report as provided in 
Subsection (e).

    (e) The Secretary of State shall suspend the driver's 
license or any
non-resident's driving privilege of any person 
who fails or neglects to
make report of a traffic accident as 
required or as required by
any other law of this State.

(Source: P.A. 87-829.)