Sidebilder
PDF
ePub

fine of not less than two hundred dollars ($200.00) nor more than five hundred dollars ($500.00), or by imprisonment in the county jail for a term of not less than thirty days nor more than one hundred eighty days, or by both such fine and imprisonment, and upon a second conviction under this section the punishment shall be imprisonment in the penitentiary for a term not less than one year nor more than five years; provided, that any person or persons, firm or corporation, being the owner or custodian of or having possession of a motor vehicle at the time of the taking effect of this Act, the original engine number of which had been previously destroyed, removed, altered or defaced, shall before the expiration of thirty days after the taking effect of this Act apply to the Secretary of State, on a blank to be prepared and furnished by the Secretary of State, upon request, for permission to make or stamp, or cause to be made or stamped on the engine of such motor vehicle a special engine number. The application for permission to make or stamp a special engine number on the engine of a motor vehicle under the provisions of this Act shall contain a descrip tion of such motor vehicle, including the make, style and year of model of the same, as complete a description of the original engine number, if any part of the same remains, as is possible to give, any distinguishing marks that may be on the engine or body of such motor vehicle, and the name and post office address of the applicant, the date on which he purchased or procured possession of the same, the name and post office address of the person or persons from whom he purchased such motor vehicle, and such information as the Secretary of State may require, all of which description and facts shall be sworn to by said applicant. Upon receipt of such application, together with a fee of one dollar ($1.00), the Secretary of State shall issue to said applicant written permission to make or stamp on the engine of such motor vehicle a special engine number to be designated by the Secretary of State, and when such special engine number so designated has been stamped or otherwise placed on the engine of such motor vehicle, it shall become and thereafter be the lawful engine number of such motor vehicle for the purposes of identification and registration and for all other purposes under the provisions of this Act, and the owner thereof may sell and transfer the same under said special engine number so designated by the Secretary of State; and any person or persons who shall destroy, remove, cover, alter or deface any special engine number so designated by the Secretary of State shall be deemed guilty of a felony, and upon conviction thereof shall be punished by imprisonment in the State penitentiary for a term of not less than one year nor more than five years.

It shall be the duty of every sheriff, deputy sheriff, constable, chief of police or other peace officer in this State having knowledge of a motor vehicle, the engine number of which has been destroyed, removed, covered, altered or defaced, to immediately seize and take possession of such motor vehicle, arrest the supposed owner and custodian thereof, and cause prosecution to be brought in a court of competent jurisdiction. It shall be the duty of the court to retain the custody of said motor vehicle pending the prosecution of the person arrested, and

in case such person shall be found guilty said motor vehicle shall remain in the custody of the court until the fine and costs of prosecution shall be paid. In which event the court shall deliver said motor vehicle to such supposed owner or custodian for the sole purpose of removing said engine from said motor vehicle and tearing apart said engine and disposing of same for junk. In case such fine and costs shall not be paid within thirty days from the date of rendition of judgment said court shall proceed to advertise and sell said motor vehicle in the manner provided by law for the sale of personal property under execution. Such advertisement shall contain, as nearly as may be, as full a description of such motor vehicle as is prescribed by section 8 of this Act in case of an application for license, and a copy of such advertisement shall be mailed to the Secretary of State. The proceeds of such sale shall be applied on the payment of the fine and costs of such prosecution and sale, and if after the payment of the same there shall be any sum remaining, such sum shall be paid by the court to such supposed owner or custodian of such motor vehicle. The purchaser of said motor vehicle shall remove said engine from said motor vehicle and shall tear the same apart and shall not dispose of it as a whole so that it might be thereafter used as an engine in any motor vehicle. If at any time while such motor vehicle remains in the custody of the court or officer, the true owner shall appear and establish his title thereto, to the satisfaction of the court in which such prosecution is brought, the same shall be returned to such owner, who shall have the original engine number restored and may thereafter use the same upon notifying the Secretary of State of the facts and obtaining a license therefor in accordance with this Act if he has not such a license.

In designating special engine numbers for motor vehicles under the provisions of this Act, the Secretary of State shall designate and number the same consecutively, beginning with the number one, preceded by the letters "S. O. S." and followed by the letters "Ill." for each and every make of motor vehicle for which application for a special engine number shall be made, and in the order of the filing of application therefor: Provided, that from and after the going into effect of this Act, the Secretary of State shall not register any motor vehicle without an engine number or issue a license for the operation of the same, except as specificially provided for herein.

$36. All moneys received by the Secretary of State as registration fees and for the examination and licensing of chauffeurs, as provided in this Act, shall be deposited in the State treasury and set apart as a special fund to be known as the Road Fund. The Road Fund shall, if and when the State of Illinois shall incur any bonded indebtedness for the construction of permanent highways, be set aside and used for the purpose of paying and discharging annually the principal and interest on such bonded indebtedness then due and payable, and for no other purpose, and the surplus, if any, after the payment of the principal and interest on such bonded indebtedness then annually due, shall be used for the improvement of the highways of the State in accordance with the provisions of Article IV of an Act entitled, "An Act to revise the law in relation to roads and bridges,"

approved June 27, 1913, in force July 1, 1913, or in accordance with. the provisions of the Federal Aid Road Act, or both of such Acts. and all Acts amendatory thereof.

§ 37. It is hereby made the duty of each and every person, firm, association, corporation, or co-partnership operating a public garage in this State, to keep for public inspection a record of the license numbers and engine numbers of all motor vehicles taken in or held in charge by said garage for the purpose of selling, rental, livery, storage or repair. Said record shall contain the name and address of the owner of the motor vehicle, the name and address of the person delivering or taking the motor vehicle to the garage, and the license number and the engine number thereof. The alteration or obliteration of said engine number shall be prima facie evidence of larceny of said motor vehicle, and the proprietor, agents, servants or employees, immediately upon the discovery of such obliteration or alteration, shall notify the sheriff and police officers of the proper county, or the city. town or village where such garage is situated, and shall hold said motor vehicle for a period of twenty-four hours, or until investigation shall have been made by the sheriff or police officers: Provided, however. such record need not be made when a motor vehicle is taken in or held in charge a second time, for regular storage.

§ 38. Any person, firm, association, corporation or co-partnership found guilty, personally or by agent, of vioalting any of the provisions of section 37 of this Act shall be fined in any sum, not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00) and the costs of prosecution and shall stand committed to the county jail until said fine and the costs of prosecution are paid. or otherwise discharged according to law.

§ 39. Whoever steals any motor vehicle of a value greater than fifteen dollars ($15.00), or receives or buys any motor vehicle, knowing the same to have been stolen, with intent, by such receiving or buying, to defraud the owner, or conceals any motor vehicle knowing the same to have been stolen, shall be fined in any sum not exceeding five hundred dollars ($500.00) and be imprisoned in the State penitentiary not less than two years nor more than fifteen years.

§ 40. Upon approaching a person walking upon or along a public highway, or a horse or horses, or other draft or domestic animal or animals being ridden, led or driven thereon, the operator of a motor vehicle or motor bicycle shall give reasonable warning of his approach and use every reasonable precaution to avoid injuring such person, or frightening or injuring such horse, horses, or other draft or domestic animal or animals, and, if necessary, stop his said motor vehicle or motor bicycle until he can safely proceed, and in case of any injury to a person or property on the public highways, due to the presence or operation of a motor vehicle or motor bicycle, the operator of such vehicle shall stop and, upon the request of a person injured or any person present, give his name and address, and, if not the owner of such motor vehicle or motor bicycle, together with his own name, the name and address of such owner.

Whenever a person operating a motor vehicle shall meet on a pub

lic highway any other person riding or driving a horse or other draft animal, or any other vehicle, the person so operating such motor vehicle. or vehicles, or riding or driving a horse or other draft animal, shall each seasonably turn to the right of the center of the beaten track of such highway so as to pass without interference. Any such person so operating a motor vehicle or motor bicycle shall, on overtaking any such horse, draft animal or other vehicle, pass on the left side thereof, and the rider or driver of such horse, draft animal or other vehicle shall, as soon as practicable, upon signal, turn to the right of the center of the beaten track of such highway so as to allow free passage on the left. Any such person so operating a motor vehicle shall, at the intersection of public highways, keep to the right of the center of such intersection of such highway when turning to the right and pass to the right of the center of such intersection when turning to the left.

In approaching or passsing a street railway car, which has been stopped for the purpose of receiving or discharging passengers, the operator of every motor vehicle or motor bicycle shall not drive such vehicle or bicycle within ten feet of the running board or lowest step of such car, except by the express direction of a traffic officer.

§ 41. Any person who shall drive or operate a motor vehicle or motor bicycle upon any public highway of this State while drunk or intoxicated, shall, upon conviction thereof, for each offense, be punished by a fine of not more than two hundred dollars, or by imprisonment in the county jail for a period not exceeding sixty days or by both such fine and imprisonment.

$42. Nothing in this Act shall be construed to curtail or abridge the right of any person to prosecute a civil action for damages by reason of injuries to person or property resulting from the negligent use of the highways by the driver or operator of a motor vehicle or motor bicycle or its owner or his employee or agent, and in any action brought to recover any damages for injury either to person or property caused by running any motor vehicle or motor bicycle at a rate of speed greater than is reasonable and proper having regard for the traffic and the use of the way, or so as to endanger the life or limb or injure the property of any person, the plaintiff or plaintiffs shall be deemed to have made out a prima facie case by showing the fact of such injury and that the person or persons driving such motor vehicle or motor bicycle was at the time of such injury running the same at a speed greater than was reasonable and proper having regard for the traffic and the use of the way or so as to endanger the life or limb or injure the property of any person.

§ 43. Any person wilfully violating the provisions of this Act shall, except as otherwise provided herein, upon conviction, be fined in a sum not to exceed the amount hereinafter set forth.

For the violation of sections 8, 14, 16, 17, 18, 19, 20, 21, 27, 28

and 40, or any of them, twenty-five dollars.

For a violation of section 22, two hundred dollars ($200.00).

For the violation of any section or provision for which no specific. penalty is provided, one hundred dollars ($100.00).

Provided, that any offender who shall have been found guilty of

a

violation of any section of this Act and fined therefor,

and who shall thereafter be convicted of a second violation of such section, may be fined in a sum not exceeding double the penalty herein provided for a first first offense, and in addition thereto may have his certificate or license issued by the Secretary of State revoked for a period not exceeding three months, and for a third or subsequent violation of the same section of this Act the certificate or license may, in addition to the fine provided for the second offense, be revoked for a period not exceeding six months. Any person whose license shall have been revoked for a violation of any of the provisions of this Act and who shall drive or operate a motor vehicle or motor bicycle within the State of Illinois, during the period for which his said license shall have been revoked, or any person who, having once been convicted of a failure to comply with the provisions of this Act requiring a registration of motor vehicles or motor bicycles or the examination and licensing of chauffeurs shall fail or refuse to comply with said provisions, shall be deemed guilty of a misdemeanor and on conviction may be fined in a sum not to exceed two hundred dollars, or imprisoned in the county jail for a period not exceeding thirty (30) days, or both, in the discretion of the court. All fines imposed for violation of any of the provisions of this Act shall be paid to the treasurer of the highway commissioners of the township or road district in which the offense is committed by the justice of the peace, clerk of the court, or other officer to whom the amount of such fines shall be by law required to be paid by the constable, bailiff, sheriff, or other officer named in any execution, issued for the collection of the same, and all money so received by the treasurer of the highway commissioners, shall be used in repairing and improving the roads within such township or road district. And it shall be the duty of the Department of Public Works and Buildings, Chief Highway Engineer, county superintendent of highways and commissioners of highways to seasonably prosecute for all fines and penalties. under this Act: Provided, however, that whenever any such violation shall occur within the limits of any city, village or incorporated town, or within the jurisdiction of any board of park commissioners, wherein no commissioners of highways exist or have jurisdiction, in such case all fines imposed for the violation of any of the provisions of this Act shall be paid to the treasurer of such city, village, or incorporated town or to the park commissioners within whose jurisdiction the offense is committed, by the justice of the peace, clerk of the court, or other of ficer to whom the amount of such fines shall be by law required to be paid by the constable, bailiff, sheriff, or other officer named in any execution issued for the collection of the same, and all money so received by the treasurer of such city, village or incorporated town, or park commissioners, shall be used in repairing and improving the roads or streets, within such city, village, incorporated town or park; and in such cases it shall be the duty of the police officers and officials of cities, villages, incorporated towns and parks to prosecute for all fines and penalties under this Act. The Secretary of State, for the purpose of more effectively carrying out the provisions of this Act is hereby author

« ForrigeFortsett »