Illinois Compiled Statutes 625 ILCS 5/11-412 – Motor vehicle crash reports confidential
Current as of: 2024 | Check for updates
|
Other versions
(a) All required written motor vehicle crash reports and supplemental reports shall be without prejudice to the individual so reporting and shall be for the confidential use of the Department and the Secretary of State and, in the case of second division vehicles operated under certificate of convenience and necessity issued by the Illinois Commerce Commission, of the Commission, except that the Administrator or the Secretary of State or the Commission may disclose the identity of a person involved in a motor vehicle crash when such identity is not otherwise known or when such person denies his presence at such motor vehicle crash and the Department shall disclose the identity of the insurance carrier, if any, upon demand. The Secretary of State may also disclose notations of crash involvement maintained on individual driving records.
(b) Upon written request, the Department shall furnish copies of its written crash reports or any supplemental reports to federal, State, and local agencies that are engaged in highway safety research and studies and to any person or entity that has a contractual agreement with the Department or a federal, State, or local agency to complete a highway safety research and study for the Department or the federal, State, or local agency. Reports furnished to any agency, person, or entity other than the Secretary of State or the Illinois Commerce Commission may be used only for statistical or analytical purposes and shall be held confidential by that agency, person, or entity. These reports shall be exempt from inspection and copying under the Freedom of Information Act and shall not be used as evidence in any trial, civil or criminal, arising out of a motor vehicle crash, except that the Administrator shall furnish upon demand of any person who has, or claims to have, made such a written or supplemental report, or upon demand of any court, a certificate showing that a specified written crash report or supplemental report has or has not been made to the Administrator solely to prove a compliance or a failure to comply with the requirement that such a written or supplemental report be made to the Administrator.
(c) Upon written request, the Department shall furnish motor vehicle crash data to a federal, State, or local agency, the Secretary of State, the Illinois Commerce Commission, or any other person or entity under Section 11-417 of this Code.
(d) The Department at its discretion may provide for in-depth investigations of crashes involving Department employees or other motor vehicle crashes. A written report describing the preventability of such a crash may be prepared to enhance the safety of Department employees or the traveling public. Such reports and the information contained in those reports and any opinions expressed in the review of the crash as to the preventability of the crash shall be for the privileged use of the Department and held confidential and shall not be obtainable or used in any civil or criminal proceeding.
(b) Upon written request, the Department shall furnish copies of its written crash reports or any supplemental reports to federal, State, and local agencies that are engaged in highway safety research and studies and to any person or entity that has a contractual agreement with the Department or a federal, State, or local agency to complete a highway safety research and study for the Department or the federal, State, or local agency. Reports furnished to any agency, person, or entity other than the Secretary of State or the Illinois Commerce Commission may be used only for statistical or analytical purposes and shall be held confidential by that agency, person, or entity. These reports shall be exempt from inspection and copying under the Freedom of Information Act and shall not be used as evidence in any trial, civil or criminal, arising out of a motor vehicle crash, except that the Administrator shall furnish upon demand of any person who has, or claims to have, made such a written or supplemental report, or upon demand of any court, a certificate showing that a specified written crash report or supplemental report has or has not been made to the Administrator solely to prove a compliance or a failure to comply with the requirement that such a written or supplemental report be made to the Administrator.
Terms Used In Illinois Compiled Statutes 625 ILCS 5/11-412
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Freedom of Information Act: A federal law that mandates that all the records created and kept by federal agencies in the executive branch of government must be open for public inspection and copying. The only exceptions are those records that fall into one of nine exempted categories listed in the statute. Source: OCC
- individual: shall include every infant member of the species homo sapiens who is born alive at any stage of development. See Illinois Compiled Statutes 5 ILCS 70/1.36
- State: when applied to different parts of the United States, may be construed to include the District of Columbia and the several territories, and the words "United States" may be construed to include the said district and territories. See Illinois Compiled Statutes 5 ILCS 70/1.14
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(c) Upon written request, the Department shall furnish motor vehicle crash data to a federal, State, or local agency, the Secretary of State, the Illinois Commerce Commission, or any other person or entity under Section 11-417 of this Code.
(d) The Department at its discretion may provide for in-depth investigations of crashes involving Department employees or other motor vehicle crashes. A written report describing the preventability of such a crash may be prepared to enhance the safety of Department employees or the traveling public. Such reports and the information contained in those reports and any opinions expressed in the review of the crash as to the preventability of the crash shall be for the privileged use of the Department and held confidential and shall not be obtainable or used in any civil or criminal proceeding.