ILLINOIS \ Motor Vehicle Law tn Force January l, 1920 COMPILED BY LOUIS L. EMMERSON Secretary of State [Printed by authority of the State of Illinois.] *■ • WV- •- V ‘ • ’ 1 ^ ' - x*- -V ' V 3 HISTORICAL SURVEY fe-’A O'T 0 ': . CA" i t " • ;<-••• . $:V;*7v V ~ .. •• ‘ ' K J- ;. - . ■ . , :■ • ■ ' ' '..v ■ .' ■••• . '.!■';••• •• ■ ILLINOIS Motor Vehicle Law . COMPILED BY LOUIS L. EMMERSON Secretary of State [Printed by authority of the State of Illinois.] i Schnepp & Barnes, Printers Springfield, I'll. 22129—2'50M 5kS . fiu. W f5T, ILLINOIS MOTOR VEHICLE LAW. An Act in relation to motor vehicles and to repeal a certain Act therein named. Section 1 . Be it enacted by the Peo¬ ple of the State of Illinois, represented in the General Assembly: Whenever the term “motor vehicle” is used in this Act, it shall be con¬ strued to include automobiles, loco¬ mobiles, motor bicycles, tractors, traction engines, and all other vehicles propelled otherwise than by muscu¬ lar power, and including also vehicles or trailers, or semi-trailers pulled or towed by a motor vehicle, but exclud¬ ing cars of electric and steam rail¬ ways and other motor vehicles run¬ ning only upon fixed rails or tracks. Nothing in this Act shall be construed to apply to or to affect bicycles or tricycles or such other vehicles as are propelled exclusively by muscular pedal power. Whenever the term “improved high¬ ways” is used in this Act it shall be construed to include roads of con¬ crete, brick, asphalt, macadam and gravel. § 2. This Act shall be known as the “Motor Vehicle Law,” and may here¬ after be referred to by that designa- •'-D tlon. For the purposes of this Act, motor vehicles as a class shall be divided into two divisions; viz.: First: Those vehicles which are de¬ signed and used for the carrying of not more than seven persons. Second: Those vehicles which are designed and used for pulling or car¬ rying freight and also those vehicles or motor cars which are designed and used for the carrying of more than seven persons. § 3. The weights and dimensions of vehicles of either division mentioned in section 2 of this Act shall be lim¬ ited as follows, to-wit: (1) The maximum gross load to be permitted on any axle of any vehicle shall not exceed sixteen thousand pounds; and the gross weight of any vehicle, including the weight of the vehicle and' maximum load, shall not exceed 800 pounds per inch of the average width of tire of the road wheels of such vehicles in actual con¬ tact with the surface of the road. (2) Weight limits 50 per cent above those provided for herein may be permitted by ordinance in cities hav¬ ing a population of more than 20,000, but such increase shall not apply to vehicles when outside the limits of such a city. (3) The maximum width of any vehicle and its load shall not exceed eight feet, excepting loads of loose hay, straw, corn fodder, or other simi¬ lar farm products. (4) Upon the filing in the office of 4 the Secretary of State of an applica¬ tion for the first registration of ve¬ hicles described in the second division of section 2 of this Act, and the pay¬ ment of the registration fee herein¬ after provided, the Secretary of State, or his duly authorized agent, shall issue to such applicant in addition to the regular number plate, a metal plate which shall not be less than four inches long and two inches wide, upon which shall be impressed, with a metal die, the weight in pounds of such vehicle and maximum load in con¬ formity with and as provided by this Act, which metal plate aforesaid shall be attached to said vehicle in con¬ spicuous place and at all times carried thereupon. (5) Where trailers are used the length of any vehicle, or vehicles, com¬ bined with their trailers, shall not exceed 65 feet; provided, that upon application to the highway or street officials having proper jurisdiction over a particular highway special per¬ mits in writing may be granted for the operation of trains of trailers ex¬ ceeding in length the foregoing, sub¬ ject to such conditions as such high¬ way or street officials may prescribe. On all highways under the control of or required to be maintained in whole or in part by the State such permis¬ sion shall be obtained from the De¬ partment of Public Works and Build¬ ings. § 4. After the passage and approval of this Act, no metal tired vehicle, in- 5 eluding tractors, traction engines and other similar vehicles, shall be oper¬ ated over any improved public high¬ ways of this State, if such vehicle has on the periphery of any of the road wheels any block, stud, flange, cleat, ridge, bolt, lug, or any projection of metal or wood which projects radically beyond the tread or traffic surface of the tire; except that this prohibition shall not apply to tractors or traction engines equipped with what is known as caterpillar tractors, when such caterpillar does not contain any pro¬ jections of any kind likely to injure the surface of the road; Provided , however , that tractors, traction en¬ gines and similar vehicles may be operated which have upon their road wheels V-shaped, diagonal or other cleats arranged in such a manner as to be continuously in contact with the road surface, provided that the gross weight upon such wheels per inch of width of such cleats in contact with the road surface, when measured in the direction of the axle of the vehicle, does not exceed 800 pounds. § 5. All motor vehicles and all trail¬ ers or other vehicles in tow thereof, or thereunto attached, operating upon the improved public highways, shall have tires of rubber or some material of equal resiliency: Provided, that tires shall be considered defective and shall not be permitted to be used if the rubber or other material has been worn or otherwise reduced to a thick¬ ness of less than three-fourths of an inch or if such tires have been so worn or otherwise damaged as to cause un¬ due vibration when the vehicle is in motion or to cause undue concentra¬ tion of the wheel load on the surface of the road: And provided, further, that this requirement shall not apply to agricultural tractors or traction engines or to agricultural machinery, including wagons being used for agri¬ cultural purposes in tow therof, or to trailers carrying agricultural prod¬ ucts drawn by trucks at a speed not to exceed ten miles per hour or to road rollers or road building ma¬ chinery. § 6. No motor vehicle shall be oper¬ ated upon the improved public high¬ ways of the State which shall be equipped with any anti-skid or non¬ slip device so constructed that any rigid or non-flexible portion of same comes in contact with the pavement; Provided, that this section shall not apply to agricultural tractors or trac¬ tion engines or similar metal-tired vehicles which have anti-skid devices upon the road wheels and which are otherwise permitted to be used under the provisions of this Act. § 7. No tractor, traction engine or other metal tired vehicle, weighing more than four tons, including the weight of the vehicle and its load, shall drive up onto, off or over the edge of any paved public highway in this State, without protecting such edge by putting dowm solid planks or other suitable device to prevent such vehicle from breaking off the edges of corners of such pavement. § 8. Every owner of a vehicle of the First Division, as described in section 2 of this Act, which shall be driven in this State, shall, except as other¬ wise provided in this Act, within ten days after he becomes the owner of such motor vehicle or motor bicycle, file in the office of the Secretary of State an application for a certificate of registration properly sworn to, set¬ ting forth his name and address, with a brief description of the vehicle, or bicycle, to be registered, including the name of the maker, factory and en¬ gine numbers, style of ' vehicle or bicycle and the motor power and (ex¬ cept in the case of electrically pro¬ pelled vehicles) the amount of such motor power stated in figures of horse power, in accordance with such stand¬ ard rating as may be prescribed by the Secretary of State, on a blank to be prepared and furnished by such Secretary of State for that purpose and shall pay to said Secretary of State, for each calendar year from and after January 1, 1920, a registra¬ tion fee for motor bicycles and motor vehicles of said First Division, so registered, at the following rates: For each motor bicycle, the sum of $4.00 per annum; for each motor ve¬ hicle of 25 horsepower, and less, the sum of $8.00 per annum; for each motor vehicle of 35 horsepower and more than 25 horsepower, the sum of $12.00 per annum; for each motor 8 vehicle of 50 horsepower and more than 35 horsepower, the sum of $20.00 per annum; for each motor vehicle of more than 50 horsepower, the sum of $25.00 per annum; for each and every electrically propelled motor vehicle, the sum of $12.00 per annum: Pro¬ vided, the first registration fee for each motor vehicle or motor bicycle shall be reduced 50 per cent if pay¬ able during the second half of the cal¬ endar year, and that no certificate for re-registration shall issue for a less sum than the fee required for a cal¬ endar year. Said registration shall be made on the date the application is received and filed by the Secretary of State and expire with the last day of the calendar year in which such registration is made. Upon the filing in the office of the Secretary of State of said application and the payment of the registration fee, as herinbe- fore provided, the Secretary of State or his duly authorized agent, shall, without further fee, assign to such motor vehicle, or motor bicycle, as de¬ scribed in such application, a dis¬ tinctive number and shall issue to the owner of such motor vehicle or motor bicycle, as it is described in the appli¬ cation filed, a certificate of registra¬ tion, which certificate shall be in the form of a card, which may be carried in the pocket, and which certificate shall contain the descriptive number so assigned to such motor vehicle or motor bicycle, the name and address of the owner, a brief description of 9 such motor vehicle or motor bicycle, stating the name of the manufacturer, the kind of motor power, and the amount of such motor power stated in figures of horsepower or the capacity of such motor vehicle or motor bicycle if electrically propelled. Upon filing in the office of the Secretary of State an affidavit to the effect that the ori¬ ginal front or rear motor vehicle num¬ ber plate or original motor bicycle number plate is lost, stolen, or de¬ stroyed, a duplicate certificate of regis¬ tration or duplicate motor bicycle number plate will be furnished at 50 cents each and a duplicate front and rear motor vehicle number plate will be furnished at $1.00 each. The Secre¬ tary of State shall keep separate alphabetical lists of all owners of motor vehicles of the First Division and all owners of motor vehicles of the Second Division, with the address of each, the registration number, the date of filing of the application and the description of the motor vehicle or motor bicycle; and shall not there¬ after assign a number once assigned to a motor vehicle or a motor bicycle owned by any other person, if the owner of the motor vehicle - or motor bicycle to whom such number was first assigned shall, not less than twenty (20) days prior to the day of expiration of said registration, file an application accompanied by the fees herein specified for the registration or re-registration of a motor vehicle or motor bicycle and request the assign- 10 ment of said number to a motor ve¬ hicle or motor bicycle owned by him. The Secretary of State, shall at the end of each calendar month, print and mail to the clerks and the sheriffs of all the counties and to the chiefs of police of cities and towns of five thousand population and over, in this State, copies of lists of registration made in accordance herewith showing the number of motor vehicles and the motor bicycles and the names and addresses of the owners thereof. The Secretary of State, shall, upon payment of a fee of $25.00 enter the name of the person, firm or corpora¬ tion sending the same, upon a list to receive copies of the lists of registra¬ tion provided for in this section. § 9. All vehicles of the Second Divi¬ sion as described in section 2 of this Act, which are designed or equipped or used for carrying freight, and all vehicles of said First Division which have been remodeled and are being used for carrying freight, and all vehicles of said Second Division which are used for carrying more than seven persons shall pay to the Secretary of State for each calendar year from and after January 1, 1920, license fees for the use of the public highways of this State at the following rates, to- wit: (a) Vehicles having a gross weight of five thousand (5,000) pounds and less, including the weight of the ve¬ hicle and maximum load, $12.00. 11 (b) Vehicles having a gross weight of more than five thousand (5,000) pounds and not more than twelve thousand (12,000) pounds, including the weight of the vehicle and maxi¬ mum load, $22.50. (c) Vehicles having a gross weight of more than twelve thousand (12,000) pounds and not more than fifteen thousand (15,000) pounds, including the weight of the vehicle and maxi¬ mum load, $35.00. (d) Vehicles having a gross weight of more than fifteen thousand (15,000) pounds including the weight of the vehicle and maximum load, $60.00. (e) Tractors, traction engines or other similar vehicles used for haul¬ ing purposes, except as hereinafter provided, shall pay a license fee of $25.00 per annum; provided, that none of the vehicles of said Second Division shall be required to pay the registra¬ tion fees in section 8 of this Act. § 10. All license fees provided for in section 9 of this Act shall be paid to the Secretary of State in the same manner and at the same time, and in the same proportions, for fractions of a year, as provided for in section 8 of this Act: Provided, however, that such license fees shall be paid before the vehicles are used on the public highways of the State. All license fees provided for in section 9 shall be deposited in the State treasury and become and be a • part of the Road Fund provided for in section 36 of this Act. 12 § 11. Any person, firm or corpora¬ tion who shall violate any of the pro¬ visions of sections S, 4, 5, 6, 7, 9, 10, 23, 24 or 33, shall be subject to a penalty of not less than $10.00, nor more than $100.00, for each offense, together with costs of suit and shall also be held liable for the payment of all damages caused to any public high¬ way by such violation. Any vehicle used in violation of any section of this Act and thereby causing damage to any public highway shall be sub¬ ject to a lien for the full amount of all unpaid registration fees, license fees, penalties and damages; provided, however, that such lien shall not re¬ lease the offender from the full pay¬ ment of all registration fees, license fees, penalties and damages which may be due from him or be recovered against him in any court of competent jurisdiction; and provided also, that such lien shall not be superior to any chattel mortgage or other lien attach¬ ing to such vehicle. § 12. Every transfer of any vehicle of said Second Division from one owner to another by sale, barter or otherwise, shall be reported to the Secretary of State and be regulated and controlled as near as may be by the provisions of section 19 of this Act. * § 13. The Secretary of State is here¬ by authorized and empowered to in¬ stitute, in the name of the People of the State of Illinois, a suit or suits in any court of competent jurisdiction 13 to enforce the collection of any regis¬ tration fees, fines, penalties or dam¬ ages provided for in this Act. § 14. The Secretary of State shall supply and deliver to the address of the owner of each licensed motor ve¬ hicle or motor bicycle registered in his office, as herein provided, charges prepaid, and without additional cost, one number plate for each motor bi¬ cycle, which shall be of a size one- third of that required for motor ve¬ hicles, as hereinafter provided, and which shall be conspicuously dis¬ played thereon, and two number plates for each motor vehicle other than a motor bicycle. All number plates issued during any calendar year shall be of like design and color combina¬ tion for motor vehicles in each di¬ vision, but the number plates for mo¬ tor vehicles in the First Division shall be distinctly different from the num¬ ber plates for motor vehicles in the Second Division. All such number plates shall be as simple and inex¬ pensive as may be for the purpose required, and the number thereon shall correspond, with the number of the certificate of registration issued by the Secretary of State, as here¬ inbefore provided, and such number plates shall be conspicuously dis¬ played upon the front and. back of the motor vehicle to which they are assigned as herein provided, when¬ ever the same shall be driven or used upon the public streets, roads, turnpikes, parks, parkways, drives or 14 other public highways in this State, and shall be firmly attached to the said motor vehicle so that they will not swing loosely, and the rear num¬ ber plate shall not be less than twenty (20) inches above the surface of the ground, and both shall at all times be kept clean and free from grease and dirt. The figures upon such number plates shall be separate Arabic numer¬ als, not less than four (4) inches in height, and each stroke shall be of a width not less than one-half ( y 2 ) inch, and said number plates shall also bear as a part of such number the letters “HI.” and each of such letters shall be not less than one inch in height. Such number plates shall be of distinctly different color for each calendar year, and there shall be at all times a marked contrast between the color of the number plates and that of the figures and letters thereon: Provided, however, the same combination of colors may be repeated after the lapse of five (5) years from the date of their first issue. The owner of such motor vehicle shall not be required to place any mark of identity upon such motor vehicle or motor bicycle other than the plates or plate so delivered by the Secretary of State and such tax or license number as may be is¬ sued by the city, village, town or other municipal corporation within which such owner resides. § 15. Any person or persons who shall cover, alter, deface or mutilate the license plate or plates which are 15 furnished by the Secretary of State shall be deemed guilty of a misde¬ meanor and, upon conviction thereof, shall be fined in a sum not to exceed $ 100 . 00 . § 16. When upon any public high¬ way in this State, during the period from one hour after sunset to sunrise, every motor bicycle shall carry one lighted lamp and every motor vehicle two lighted lamps showing white lights, or lights of a yellow or amber tint, visible at least two hundred (200) feet in the direction toward which each motor bicycle or mot<>r vehicle is proceeding and shall also exhibit at least one lighted lamp which shall be so situated as to throw a red light visible in the reverse direction. The number plate at the back of the motor vehicle provided for in section 14 shall be firmly attached to the vehicle, so that it will not swing loosely, and shall be so lighted that the numbers on said plate shall be plainly legible and in¬ telligible at a distance of fifty (50) feet. On approaching another vehicle proceeding in an opposite direction, and when within not less than two hundred and fifty feet of same, any person in charge of a motor bicycle or motor vehicle equipped with electric headlight or headlights, shall dim or extinguish such headlight or head¬ lights: Provided, however, that the provision herein contained in regard to dimming or extinguishing of head¬ lights shall not apply when such head¬ lights are equipped with an anti-glare 16 device or lenses which prevent a glar¬ ing or dazzling light. During the period from one hour after sunset to sunrise every motor bicycle or motor vehicle which is standing on any road, highway or street shall display a light on the front and at the rear of the same. § 17. Every person, firm, association or corporation, manufacturing or deal¬ ing in motor vehicles may, instead of registering each motor vehicle so manufactured or dealt in, make a verified application upon a blank to be furnished by the Secretary of State for a general distinctive number for all the motor vehicles owned or con¬ trolled by such manufacturer or dealer, such application to contain: (a) The trade name or names of the make of the motor vehicle or vehicles manufactured or dealt in by such manufacturer or dealer, including the character of the motor power, the amount of such motor power (except in case of electrically propelled motor vehicles) stated in figures of horse¬ power, and (b) the name and business address of such manufacturer or dealer. Every applicant when making such application shall pay to the Sec¬ retary of State a registration fee at the following rates: For each calendar year from and after January 1, 1920, the sum of $12.00 per annum. Upon the payment of such registration fee such application shall be filed and recorded in the office of the Secretary of State in the manner provided in 17 section 8 of this Act. There shall thereupon be assigned and issued to such manufacturer or dealer a general distinctive number, and without fur¬ ther expense to him there shall be issued and promptly delivered to such manufacturer or dealer at his busi¬ ness address a certificate of registra¬ tion in such form as the Secretary of State shall prescribe, and two number plates with a number corresponding with the number of such certificate of registration. The number plates so issued shall be distinctly different form than those provided for in sec¬ tion 14 of this Act, but shall corre¬ spond in color and size of numbers and letters with the number plates for motor vehicles provided for in section 14 thereof. By filing applica¬ tion for the same, such manufacturer or dealer may obtain as many dupli¬ cates of such number plates as he may desire upon payment to the Secretary of State for each set of two plates the sum of $12.00 per annum. In case of loss or destruction of one plate, the manufacturer or dealer may obtain a duplicate of the same by filing affi¬ davit to that affect and upon the pay¬ ment of the fee of $6.00. Such num¬ ber plates shall be conspicuously dis¬ played upon the front and back of every motor vehicle of such manu¬ facturer or dealer when the same is operated or driven on the public high¬ ways. Such registration shall be re¬ newed annually in the same manner and on the payment of the same fee 18 as provided in this section for ori¬ ginal registration, such renewal to take effect on the first day of January of each year. The provisions of sec¬ tion 8 relating to first registrations made in compliance therewith and durations of renewals shall apply to registration under this section! Upon the sale of a motor vehicle by a manu¬ facturer or dealer, the purchaser shall be permitted to operate the same upon the public highways of this State for a period of ten days after taking pos¬ session thereof, without carrying li¬ cense plates, as provided in section 14 of v this Act, if the purchaser shall have in his possession a bill of sale, as hereinfater [hereinafter] provided, and if proper application for the reg¬ istration of such motor vehicle shall have been mailed or presented to the Secretary of State, together with the required fee, within twenty-four hours after he has taken possession thereof. Upon the sale of a motor vehicle by a manufacturer or dealer, he shall thereupon give to the purchaser a bill of sale setting forth the name and address of the purchaser, the date of purchase, together with a description of such motor vehicle, showing name of manufacturer, style, factory and engine numbers, and amount of horse¬ power. The names of the licensed manu¬ facturers and dealers shall be fur¬ nished the county clerks, sheriffs and the chiefs of police in the same man- 19 ner as provided for in section 8 in respect to owners. § 18. No motor vehicle or motor bi¬ cycle shall be used or operated upon the public highways of this State after this Act shall take effect which shall display thereon a number belonging to any other vehicle or bicycle or fictitious registration number: Pro¬ vided, however, that this section shall not be construed to prohibit any other number being displayed for any law¬ ful purpose upon a motor vehicle or motor bicycle in addition to the num¬ ber plates issued by the Secretary of State as aforesaid. By the first day of January of each calendar year the owner of any li¬ censed motor vehicle or motor bicycle shall file with the Secretary of State a properly executed application for the re-registration of the same, and such application shall be accompanied by the fee required in each case by this Act. § 19. Immediately upon the sale and delivery of any motor vehicle or motor bicycle which has been registered as herein provided prior to the date of such sale by any person other than a manufacturer or dealer, the vendor shall remove the number plate or plates from the motor vehicle or motor bicycle so sold, and within ten days after the date of such sale the vendor shall send a statement of such sale, showing the date thereof, the registra¬ tion number of the motor vehicle or motor bicycle so sold, and the name 20 of the purchaser to the Secretary of State; and thereupon such number plate or plates shall cease to apply to the motor vehicle or motor bicycle so sold, and the purchaser shall regis¬ ter the same as in the case of an ori¬ ginal registration. In all such cases, the vendor shall give to the purchaser a bill of sale, which shall conform to the requirements contained in section 17 of this Act. Upon the payment to the Secretary of State of a fee of one dollar any other motor vehicle of like horsepower or capacity or less, or any motor bicycle owned by such vendor may be registered by such vendor, and the number plate or plates so re¬ moved from the motor vehicle or motor bicycle so sold shall be assigned by the Secretary of State and shall apply to and be used upon such other motor vehicle or motor bicycle until the thirty-first day of December then next ensuing: Provided, however, that in case the horsepower or capacity of any motor vehicle to which the unex¬ pired term of the registration of the vehicle sold is sought to be applied would have required the payment of a larger registration fee than was paid upon the registration of the motor vehicle so sold, the vendor thereof shall, before the number plates may be applied to or used upon such motor vehicle of greater horsepower, or ca¬ pacity, pay to the Secretary of State such a sum as added to the amount of the original registration fee paid for the year in which such motor ve- 21 hide is sold, equals the amount of the registration fee provided by this Act to be paid upon the registration of a motor vehicle of such greater horse¬ power or capacity: Provided , however, that the registration fee paid by the State of Illinois or by any county, township, city, village or incorporated town for each motor vehicle or motor bicycle owned and operated by it shall be two dollars for each calendar year. § 20. The provisions of sections 8, 14, 17, 18 and 19 of this Act shall not apply to any motor vehicle or motor bicycle owned by non-residents of this State, but foreign corporations own¬ ing, maintaining or operating places of business in this State and using motor vehicles or motor bicycles in connection with such places of busi¬ ness, shall not be exempt from the pro¬ visions of sections 8, 14, 17, 18 and 19 of this Act in so far as the motor vehicles and motor bicycles used in connection with such places of busi¬ ness are concerned: Provided, the owner thereof has complied with any law requiring the registration of motor vehicles or motor bicycles or the names of the owners thereof in force in the city, state, foreign coun¬ try or province, territory or federal district of his residence: Provided, that the registration number showing the initial or abbreviation of the name of such city, state, foreign country or province, territory or federal district, shall be displayed on such vehicle substantially as is provided in section 22 14 of this Act: Provided, further, that the provisions of this section shall be operative as to a motor vehicle or motor bicycle owned by a non-resident of this State only to the extent that under the laws of the city, state, for¬ eign country or province, territory or federal district of his residence, like exemptions and privileges are granted to motor vehicles or motor bicycles duly registered under the laws of and owned by residents of this State: Provided, further, that a non-resident within the meaning of this Act shall be held and defined to mean a person temporarily sojourning within this State for a period of six months or less in any one year. § 21. Every motor vehicle and motor bicycle while in use on a public high¬ way shall be provided with good and sufficient brakes and also with a suit¬ able bell, horn or other signal device. No part of the machinery of any motor vehicle or motor bicycle shall be left running while such motor vehicle or motor bicycle is left standing without an attendant on any public highway in this State. § 22. No person shall drive a vehicle of the First Division as described in section 2 of this Act, upon any public highway in this State at a speed greater than is reasonable and proper having regard to the traffic and the use of the way or so as to endanger the life or limb or injure the property of any person. If the rate of speed of any motor vehicle or motor bicycle 23 of said First Division, operated upon any public highway in this State where the same passes through the closely built up business portions of any incorporated city, town or village exceeds ten (10) miles an hour, or if the rate of speed of any such motor vehicle or motor bicycle operated on any public highway in this State where the same passes through the residence portions of any incorporated city, town or village exceeds fifteen (15) miles an hour, or if the rate of speed of any such motor vehicle or motor bicycle operated on any public highway in this State outside the closely built up business portions and the residence portions wfithin any in¬ corporated city, town or village ex¬ ceeds twenty (20) miles an hour or upon any public highway outside of the limits of an incorporated city, town or village, if the rate of speed exceeds thirty (30) miles an hour, such rates of speed shall be prima facie evidence that the person operat¬ ing such motor vehicle or motor bi¬ cycle is running at a rate of speed greater than is reasonable and prop¬ er having regard to the traffic and the use of the way or so as to en¬ danger the life or limb or injure the property of any person. If the rate of speed of any such motor ve¬ hicle or motor bicycle operated on any public highway in this State in going around a corner or curve in a high¬ way where the operator’s view of the road traffic is obstructed exceeds six 24 (6) miles an hour, such rate of speed shall be prima facie evidence that the person operating such motor vehicle or motor bicycle is running at a rate of speed greater than is reasonable having regard to the traffic and the use of the way, or so as to endanger the life or limb or injure the property of any person. § 23. The speed of all vehicles of said Second Division, as described in section 2 of this Act, shall always be reasonable and safe and be governed, as near as may be, by the general re¬ quirements of section 22 of this Act, but such speed shall not exceed the following rates, to-wit: (1) Vehicles having a gross weight of five thousand (5,000) pounds and less, including the weight of the ve¬ hicle and maximum load, if equipped with- pneumatic tires, 25 miles per hour; if equipped with two or more solid rubber tires, 20 miles per hour. (2) Vehicles having a gross weight of more than five thousand (5,000) pounds and not more than twelve thousand (12,000) pounds, including the weight of the vehicle and maxi¬ mum load, if equipped with pneumatic tires, 20 miles per hour; if equipped with solid rubber tires, 15 miles per hour. (3) Vehicles having a gross weight of more than twelve thousand (12,000) pounds and not more than fifteen thousand (15,000) pounds, including the weight of the vehicle and maxi¬ mum load, if equipped with pneumatic 25 tires, 15 miles per hour; if equipped with solid rubber tires, 12 miles per hour. (4) Vehicles having a gross weight of more than fifteen thousand (15,000) pounds, including the weight of the vehicle and maximum load, 12 miles per hour. § 24. The above regulations in sec¬ tion 23 are subject to the following modifications, to-wit: (1) Restrictions as to weight and speed shall not apply to vehicles run upon rails or tracks or to police vehicles, fire engines, fire trucks, or voluntary fire departments. (2) Upon application to the high¬ way or street officials having proper jurisdiction over a particular high¬ way, special permits in writing may be granted for the moving of heavier vehicles or objects on wheels, subject to such conditions as such highway or street officials may prescribe. On all highways under the control of, or required to be maintained in whole or in part, by the State, such permission shall be obtained from the Department of Public Works and Buildings. (3) At the season of the year when the frost is leaving the ground, high¬ way officials having proper jurisdic¬ tion may, on definitely designated highways, prohibit the operation of vehicles having a gross weight, in¬ cluding the weight of vehicle and load, of more than 5,000 pounds, by posting notices along such roads: Provided, however, that the entire 26 time of such embargo shall not exceed forty-five days in any one year. § 25. Any person driving a motor vehicle or a motor bicycle upon a public highway in this State in a race, shall, upon conviction, be fined in a sum not exceeding $200.00. § 26. No owner of a motor vehicle or motor bicycle who shall have ob¬ tained a certificate from the Secretary of State and paid the registration fee as hereinbefore provided, shall be re¬ quired by any city, village, town or other municipal corporation within the State other than that within which said owner resides to pay any tax or license fee for the use of such motor vehicle or motor bicycle; and no owner of a motor vehicle except motor trucks and motor driven commercial vehicles and motor vehicles which are used for public hire, or motor bicycle, who shall have obtained such certificate and paid such fee shall be required by the city, village or town within which he resides (if he resides within a city, village or town), to pay a tax or license fee for the use of such motor vehicle or motor bicycle in ex¬ cess of the sum of ten dollars per annum for motor vehicles or motor bicycles of thirty-five horsepower or less or in excess of the sum of twenty dollars per annum for motor vehicles or motor bicycles of more than thirty- five horsepower in such city, village or town within which he resides shall have a population of 150,000 or over, or in excess of the sum of five dollars 27 per annum for motor vehicles or motor bicycles of thirty-five horsepower or less or in excess of the sum of ten dollars per annum for motor vehicles or motor bicycles of more than thirty- five horsepower in case such city, vil¬ lage or town within which he resides shall have a population of less than 150,000. The proceeds of all fees so collected by any city, town or village shall be used for the purpose of im¬ proving, paving, repairing or main¬ taining the streets and other public roadways within such city, town or village and shall never be devoted to any other use whatever: Provided, that the actual cost of the collection of such fees and the disbursement thereof may be deducted from the total amount collected. Nor shall such owner be required to display upon his motor vehicle or motor bicycle any other plate or tax or license number than that issued by the Secretary of State or by the city, village, town or other municipal cor¬ poration within the State within which said owner resides, nor be limited as to speed upon any public street, ave¬ nue, road, turnpike, driveway, park¬ way, or any other public place, at any time when the same is or may here¬ after be opened to the use of persons having or using other vehicles, nor be required to comply with other pro¬ visions or conditions as to the use of said motor vehicles or motor bicycles except as in this Act provided: Pro¬ vided however, that nothing in this 28 section contained shall be construed to apply to, or include, any speedway created, provided for, or maintained by the local authorities of any city, village, town or other municipal cor¬ poration within the State: And, pro¬ vided, further, that the local authori¬ ties having jurisdiction over the pub¬ lic parks shall not by the terms of this Act be prohibited from adopting and enforcing such reasonable ordi¬ nances, rules and regulations concern¬ ing the speed at which motor vehicles or motor bicycles may be operated within any such parks, provided the rate of speed of motor vehicles or motor bicycles fixed by such ordi¬ nances, rules or regulations shall not be lower than the rate fixed for other vehicles, and provided such authority shall, by signs conspicuously placed, indicate the rate of speed permitted by such ordinances, rules or regula¬ tions: And, provided, further, that motor vehicles or motor bicycles may be excluded from any cemetery or grounds for the burial of the dead by the authorities having jurisdiction over the same. Except as in this sec¬ tion provided, no city, town or village or other municipality shall have power to make any ordinance, by-laws or resolutions limiting or restricting the speed of motor vehicles or motor bi¬ cycles, and no ordinance, by-law or resolution heretofore or hereafter made by any city, village or town or other municipal corporation within this State, by whatever name known 29 or designated, in respect to or limit¬ ing the speed of motor vehicles or motor bicycles shall have any force, effect or validity, and they are hereby declared to be of no validity or effect: Provided, that nothing in this Act con¬ tained shall be construed as affecting the power of municipal corporations to make and enforce ordinances, rules and regulations affecting motor trucks and motor driven commercial vehicles used within their limits for public hire, or from making and enforcing reasonable traffic and other regula¬ tions except as to rates of speed not inconsistent with the provisions hereof. § 27. An application for a license to operate motor vehicles as a chauffeur, who is hereby defined to mean any person operating a motor vehicle as a mechanic or employee, and who di¬ rectly or indirectly receives pay or any compensation whatsoever for any work or services in connection with the operation of a motor vehicle or the transportation of passengers or mer¬ chandise with a motor vehicle for hire or for pecuniary profit, shall be made by mail or otherwise to the Secretary of State, or his duly authorized agent, upon blanks prepared under his au¬ thority. The Secretary of State shall appoint examiners and cause exami¬ nations to be held at convenient points throughout the State as often as may be necessary. Such applica¬ tions shall be accompanied by the fee provided herein and by a photograph 30 of the applicant in such numbers and forms as the Secretary of State shall prescribe, and such photographs shall have been taken within thirty days prior to the tiling of such application. Such applications shall also be accom¬ panied by a written statement signed by at least two reputable citizens that the applicant is a fit and proper per¬ son, competent to operate a motor vehicle. Before such a license is granted the applicant shall pass such an examina¬ tion as to his qualifications as the Secretary of State shall require and no license shall be issued until the Secretary of State, or his authorized agent, is satisfied that the applicant is a proper person to receive it, and no chauffeur’s license shall be issued to any person under eighteen years of age. A distinguishing number or mark shall be assigned to each chauffeur to whom a license shall be issued and the license shall be in such form as the Secretary of State may determine; it may contain special restrictions and limitations concerning the type of motor car, horsepower, design and other features of the motor vehicle which the licensee may operate. It shall contain the distinguishing num¬ ber or mark assigned to the licensee, his name, place of residence and ad¬ dress, a brief description of the li¬ censee for the purpose of identification and a photograph of the licensee. The holder of every such license shall en¬ dorse his usual signature on the mar- 31 gin of the license in a space to be provided for that purpose, immedi¬ ately upon receipt of said license, which shall not be valid until so en¬ dorsed. Every application for a li¬ cense filed under the provisions of this section shall be sworn to and shall be accompanied by a fee of $5.00. Upon receipt of such an application, the Secretary of State shall record the same in his office in the manner des¬ ignated for recording the owners of motor vehicles, and when the appli¬ cant shall have passed the examina¬ tion herein provided for, the number or mark assigned to such applicant, together with the fact that such ap¬ plicant has passed such examination, shall be noted in said record, and the names of the licensed chauffeurs shall be furnished the county clerks, sheriffs and the chiefs of police in the same manner as provided for in section 8 in respect to owners. No person shall operate or drive a motor vehicle as a chauffeur upon a public highway of this State, unless such person shall have complied in all respects with the requirements of this section: Provided, however, that a non-resident chauffeur who has reg¬ istered under the provisions of the law in force in the city, state, foreign country or province, territory or fed¬ eral district, of his residence, sub¬ stantially equivalent to the provisions of this section, shall be exempt from license hereunder, while temporarily sojourning within this State, only to 32 the extent that under the laws of the city, state, foreign country or province, territory or federal district of his resi¬ dence like privileges are granted to persons duly licensed and registered as chauffeurs under the laws of this State, and who are residents of this State. Licenses may be renewed an¬ nually in the same manner as first registration, upon the payment of fee of $3.00, and shall take effect on the first day of January of each year: Provided, that if it shall be made to appear to the satisfaction of the Sec¬ retary of State that any chauffeur shall have driven or operated a motor vehicle within this State while under the influence of intoxicating liquor the Secretary of State shall thereupon immediately cancel the license of said chauffeur. Not less than three months after cancellation this license may be renewed at the discretion of the Sec¬ retary of State. § 28. The Secretary of State shall furnish to every chauffeur so licensed a suitable metal badge with the dis¬ tinguishing number or mark assigned to him thereon, without extra charge therefor, and this badge shall be worn by such chauffeur pinned upon his clothing in a conspicuous place, at all times while he is operating or driving a motor vehicle on the public high¬ ways. Said badge shall be valid only during the term of the license of the chauffeur to whom it is issued as aforesaid. 33 Upon filing in the office of the Secretary of State an affidavit to the effect that the original badge or cer¬ tificate of registration is lost, stolen or destroyed, and upon the payment of a fee of fifty cents, a duplicate badge or certificate of registration will be furnished. No chauffeur having been licensed as herein provided shall permit any other person to possess or use his license or badge, nor shall any person while operating or driving a motor vehicle use or possess any license or badge belonging to another person or a fictitious license or badge. § 29. No person or corporation shall employ, as a chauffeur or operator of a motor vehicle, any person not specially licensed as aforesaid. § 30. No chauffeur or other person shall drive or operate any motor ve¬ hicle or motor bicycle upon any street, or highway in this State in the ab¬ sence of the owner of such motor vehicle or motor bicycle without said owner’s consent; and no chauffeur or other person having the care of a motor vehicle for the owner shall receive or take directly, or indirectly, any bonus, discount or other consid¬ eration, for the purchase of supplies or parts for such motor vehicle or for work or labor done thereon by others; and no person furnishing such supplies or parts, work or labor, shall give or offer any such chauffeur or any other person having the care of a motor vehicle for the owner 34 thereof, either directly or indirectly, any bonus, discount or other consider¬ ation thereon. Any person violating any of the provisions of this section shall be guilty of a misdemeanor, and upon conviction shall be fined the sum not exceeding two hundred dol¬ lars ($200.00), or imprisoned in the county jail for a period not exceeding six (6) months, or both, in the discre¬ tion of the court. § 31. No person shall operate or drive a motor vehicle who is under fifteen years of age, unless such per¬ son is accompanied by a duly licensed chauffeur or the owner of the motor vehicle being operated. § 32. Any person who shall, without the consent of the owner, start or cause to be started the motor of any motor vehicle, or shift, change, or move the levers, brake, starting de¬ vice, gears, or other mechanism of a standing motor vehicle to a position other than that in which it was left by the owner or driver thereof, or at¬ tempt to do so, or shall intentionally cut, mark, scratch or damage any part or portion of said motor vehicle or any accessories, equipment, appur¬ tenance, or attachments thereof, shall, upon conviction thereof, be punished by a fine not exceeding one hundred dollars ($100.00) or imprisonment in the county jail for a period not ex¬ ceeding six (6) months, or both such fine and imprisonment, in the discre¬ tion of the court: Provided, that this section shall not apply in the case of 35 moving or starting of motor vehicles by the police or peace officers for law¬ ful purposes, nor by members of fire departments in cases of emergency in the vicinity of a fire, nor to the chang¬ ing of a position of said motor vehicle temporarily without starting the motor of the same by any one for the purpose of extricating another vehicle from a congested position. § 33. All vehicles traveling upon public highways shall give the right of way to other vehicles approaching along intersecting highways from the right, and shall have the right of way over those approaching from the left: Provided, however, that police vehi¬ cles, fire departments, vehicles trans¬ porting United States mail, and am¬ bulances shall have the right of way over other vehicles: And, pro¬ vided, also, that incorporated cities, having a population of more than 10,000 inhabitants, may designate certain streets or boulevards as pre¬ ferential traffic streets, and prescribe rules regulating traffic upon, crossing over, or turning into such streets or boulevards: And, provided, further, that the specifications regulating traf¬ fic may be enforced at points where traffic officers are stationed. No driver of a vehicle shall suddenly stop, slow down or attempt to turn around without first signalling his intentions without outstretched arm to those following closely in the rear. § 34. Any person or persons who shall destroy or cause to be destroyed, 36 remove, cover, alter or deface, or cause to be removed, covered, altered or defaced, the engine number or other distinguishing number of any motor vehicle in this State, the prop¬ erty of another, for any reason what¬ soever, or who shall give a wrong description in an application for the registration of any motor vehicle in this State for the purpose of conceal¬ ing or hiding theidentity of Such motor vehicle, shall be deemed guilty of a felony, and upon conviction there¬ of shall be punished by imprisonment in the State penitentiary for a term of not less than one year nor more than five years. § 35. Any person or persons, firm or corporation, who, after the taking effect of this Act shall sell or offer for sale in this State, or who shall own or have the custody or possession of a motor vehicle, the original en¬ gine number of which has been de¬ stroyed, removed, altered, covered, or defaced, or who shall sell or offer for sale, own or have the custody or possession of a motor vehicle having no engine' number, excepting electri¬ cally propelled motor vehicles, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a 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 hun- 37 dred eighty days, or by both such fine and imprisonment, and upon a second conviction under this section the pun¬ ishment 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 num¬ ber. The application for permission to make or stamp a special engine number on the engine of a motor ve¬ hicle under the provisions of this Act shall contain a description of such motor vehicle, including the make, style and year of model of the same, as complete a description of the origi¬ nal 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 pro¬ cured possession of the same, the name and postoffice address of the 38 person or persons from whom he purchased such motor vehicle, and such information as the Secretary of State may require, all of which de¬ scription 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 desig¬ nated by the Secretary of State, and when subh special engine number so designated has been stamped or other¬ wise placed on the engine of such motor vehicle, it shall become and thereafter be the lawful, engine num¬ ber of such motor vehicle for the pur¬ poses 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 num¬ ber 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 po¬ lice or other peace officer in this State having knowledge of a motor vehicle, 39 tne 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 cus¬ todian 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 pur¬ pose 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 the 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 40 any sum remaining, such sum shall be paid by the court to such supposed owner or custodian of such motor ve¬ hicle. 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 or 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 num¬ bers for motor vehicles under the pro¬ visions of this Act, the Secretary of State shall designate and number the same consecutively, beginning with the number one, preceded by the let¬ ters “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 41 license for the operation of the same, except as specifically 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 treas¬ ury 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 construc¬ tion of permanent highways, be set aside and used for the purpose of pay¬ ing and discharging annually the principal and interest on such bonded indebtedness then due and payable, and for no other purpose, and the sur¬ plus, 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 pro¬ visions 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, associa¬ tion, 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 42 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 ad¬ dress of the owner of the motor ve¬ hicle, the name and address of the person delivering or taking the motor vehicle to the garage, and the license number and the engine number there¬ of. The alteration or obliteration of said engine number shall be prima facia 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 w T hen 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 vio¬ lating 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. 43 § 39. Whoever steals any moter ve¬ hicle 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 moter ve¬ hicle 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 high¬ way, or a horse or horses, or other draft or domestic animal or animals being ridden, led or driven thereon, thG operator of a motor vehicle or motor bicycle shall give reasonable warning of his approach and use every reasonable precaution to avoid injur¬ ing such person, or frightening or in¬ juring 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 in¬ jury 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 re¬ quest of a person injured or any per¬ son present, give his name and ad¬ dress, and, if not the owner of such motor vehicle or motor bicycle, to¬ gether with his own name, the name and address of such owner. 44 Whenever a person operating a motor vehicle shall meet on a public 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 ve¬ hicles, or riding or driving a horse or other draft animal, shall each season¬ ably 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 ani¬ mal 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 passing a street railway car, which has been stopped for the purpose of receiving or dis¬ charging 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 of¬ ficer. 45 § 41. Any person who shall drive or operate a motor vehicle or motor bi¬ cycle 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 imprison¬ ment. § 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 result¬ ing 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 per¬ son or property caused by running any motor vehicle or motor bicycle at a rate of speed greater than is reason¬ able 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 driv¬ ing such motor vehicle or motor bi¬ cycle was at the time of such injury running the same at a speed greater than was reasonable and proper hav¬ ing regard for the traffic and the use of the way or so as to endanger the 46 life or limb or injure the property of any person. §43. Any person wilfully violating the provisions of this Act shall, ex¬ cept 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 vio¬ lation of any section of this Act and fined therefor, and who shall there¬ after be convicted of a second viola¬ tion of such section, may be fined in a sum not exceeding double the penalty herein provided for a first offense, and in addition thereto may have his certi¬ ficate or license issued by the Secre¬ tary 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 certifi¬ cate or, license may, in addition to the fine provided for the second of¬ fense, be revoked for a period not exceeding six months. Any person whose license shall have been revoked for a violation of any of the provis¬ ions of this Act and who shall drive or operate a motor vehicle or motor 47 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 misde¬ meanor 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 dis¬ cretion of the court. All fines im¬ posed for violation of any of the provisions of this Act shall be paid to the treasurer of the highway commis¬ sioners of the township or road dis¬ trict in which the offense is com¬ mitted 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 high¬ ways to seasonably prosecute for all 48 fines and penalties under this Act: Provided, however, that whenever any such violation shall occur within the limits of any city, village or incor¬ porated town, or within the jurisdic¬ tion of any board of park commis¬ sioners, 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 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 execu¬ tion issued for the collection of the same, and all money so received by the treasurer of such city, village or incorporated town, or park commis¬ sioners, shall be used in repairing and improving the roads or streets within such city, village, incorported town or park; and in such cases it shall be the duty of the police officers and officials of cities, villages, incor¬ porated 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 here¬ by authorized and empowered to ap¬ point special representatives to act as automobile and motor bicycle investi¬ gators, in such numbers and for such 49 localities as he may deem advisable said investigators to serve without compensation. § 44. Public highways shall include any highway, county road, State road, public street, avenue, alley, parkway, driveway or public place in any coun¬ ty, city, village, incorporated town or towns. Local authorities shall include all officers of counties, cities, villages, incorporated towns, towns or road districts as well as all boards, com¬ mittees and other public officials of such counties, cities, villages, incor¬ porated towns, or road districts. § 45. The Secretary of State, or his authorized agent, may, at his discre¬ tion, dispose of, destroy, or cause to be destroyed, applications for licenses, examination papers, correspondence, or any other records which have been on file in the office of said Secretary of State for a period of five years or more. § 46. An Act entitled, “An Act de¬ fining motor vehicles and providing for the registration of the same, and of motor bicycles, and uniform rules regulating the use and speed there¬ of; prohibiting the use of motor vehicles without the consent of the owner, and the offer or acceptance of any bonus or discount, or other con¬ sideration, for the purchase of sup¬ plies or parts for any such motor vehicle, or for work or repairs done thereon by others, and defining chauf¬ feurs, and providing for the examina¬ tion and licensing thereof, and to 50 repeal certain Acts therein named/’ approved June 10, 1911, in force July 1, 1911, as amended, is repealed. § 47. This Act shall take effect and be in force on and after the first day of January, 1920. Approved June 30, 1919. 51