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91_HB3979
LRB9111653DHgc
1 AN ACT to amend the Illinois Vehicle Code by changing
2 Section 6-305.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Vehicle Code is amended by
6 changing Section 6-305 as follows:
7 (625 ILCS 5/6-305) (from Ch. 95 1/2, par. 6-305)
8 Sec. 6-305. Renting motor vehicle to another.
9 (a) No person shall rent a motor vehicle to any other
10 person unless the latter person, or a driver designated by a
11 nondriver with disabilities and meeting any minimum age and
12 driver's record requirements that are uniformly applied by
13 the person renting a motor vehicle, is then duly licensed
14 hereunder or, in the case of a nonresident, then duly
15 licensed under the laws of the State or country of his
16 residence unless the State or country of his residence does
17 not require that a driver be licensed.
18 (b) No person shall rent a motor vehicle to another
19 until he has inspected the drivers license of the person to
20 whom the vehicle is to be rented, or by whom it is to be
21 driven, and compared and verified the signature thereon with
22 the signature of such person written in his presence unless,
23 in the case of a nonresident, the State or country wherein
24 the nonresident resides does not require that a driver be
25 licensed.
26 (c) No person shall rent a motorcycle to another unless
27 the latter person is then duly licensed hereunder as a
28 motorcycle operator, and in the case of a nonresident, then
29 duly licensed under the laws of the State or country of his
30 residence, unless the State or country of his residence does
31 not require that a driver be licensed.
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1 (d) (Blank).
2 (e) (Blank).
3 (f) Any person who rents a motor vehicle to another
4 shall only advertise, quote, and charge a rental rate that
5 includes the entire amount except taxes and a mileage charge,
6 if any, which a renter must pay to hire or lease the vehicle
7 for the period of time to which the rental rate applies.
8 Such person shall not charge in addition to the rental rate,
9 taxes, and mileage charge, if any, any fee which must be paid
10 by the renter as a condition of hiring or leasing the
11 vehicle, such as, but not limited to, required fuel
12 surcharges, or airport surcharges, unless the corporate
13 authorities of the airport approve the surcharges in addition
14 to the rental rate, or nor any fee for transporting the
15 renter to the location where the rented vehicle will be
16 delivered to the renter. In addition to the rental rate,
17 taxes, and mileage charge, if any, such person may charge for
18 an item or service provided in connection with a particular
19 rental transaction if the renter can avoid incurring the
20 charge by choosing not to obtain or utilize the optional item
21 or service. Items and services for which such person may
22 impose an additional charge include, but are not limited to,
23 optional insurance and accessories requested by the renter,
24 service charges incident to the renter's optional return of
25 the vehicle to a location other than the location where the
26 vehicle was hired or leased, and charges for refueling the
27 vehicle at the conclusion of the rental transaction in the
28 event the renter did not return the vehicle with as much fuel
29 as was in the fuel tank at the beginning of the rental.
30 (g) Every person renting a motor vehicle to another
31 shall keep a record of the registration number of the motor
32 vehicle so rented, the name and address of the person to whom
33 the vehicle is rented, the number of the license, if any, of
34 said latter person, and the date and place when and where the
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1 license, if any, was issued. Such record shall be open to
2 inspection by any police officer or designated agent of the
3 Secretary of State.
4 (h) A person licensed as a new car dealer under Section
5 5-101 of this Code shall not be subject to the provisions of
6 this Section regarding the rental of private passenger motor
7 vehicles when providing, free of charge, temporary substitute
8 vehicles for customers to operate during a period when a
9 customer's vehicle, which is either leased or owned by that
10 customer, is being repaired, serviced, replaced or otherwise
11 made unavailable to the customer in accordance with an
12 agreement with the licensed new car dealer or vehicle
13 manufacturer, so long as the customer orally or in writing
14 is made aware that the temporary substitute vehicle will be
15 covered by his or her insurance policy and the customer shall
16 only be liable to the extent of any amount deductible from
17 such insurance coverage in accordance with the terms of the
18 policy.
19 (i) This Section, except the requirements of subsection
20 (g), also applies to rental agreements of 30 continuous days
21 or less involving a motor vehicle that was delivered by an
22 out of State person or business to a renter in this State.
23 (Source: P.A. 89-248, eff. 8-4-95; 90-113, eff. 7-14-97.)