(625 ILCS 5/3-117.5) Sec. 3-117.5. Automatic processing of applications for salvage or junking certificates; salvage dealer; bond. (a) Notwithstanding any other provision of law to the contrary and subject to the requirements of this Section, if a salvage dealer as defined under Section 3-117.3 posts annually a bond in the amount of $100,000, up to a maximum aggregate amount of $100,000, with the Secretary of State, the Secretary of State shall automatically process any properly submitted application by the salvage dealer for a salvage certificate or junking certificate pursuant to Section 3-117.1 and issue the appropriate salvage certificate or junking certificate. The Secretary of State Vehicle Services Department may conduct random samplings of automatically processed applications submitted by a salvage dealer under this Section to ensure that the salvage dealer's applications for salvage certificates or junking certificates are accurate. Applications for salvage certificates or junking certificates submitted by a salvage dealer that are not accompanied by the most current certificate of title are not eligible for automatic processing, including, but not limited to, applications accompanied by an affidavit or a uniform invoice or certificate of purchase under Section 3-117.1. (b) If a salvage dealer fails to properly submit applications for salvage certificates or junking certificates at an 85% rate of accuracy or greater, then the Secretary of State Vehicle Services Department may suspend that salvage dealer's right to automatic processing of applications for salvage certificates or junking certificates for a period of not less than 90 days. Prior to the initial suspension of a salvage dealer's right to automatic processing of applications for salvage certificates or junking certificates, the Secretary of State Vehicle Services Department shall provide notice to the salvage dealer of the processing errors or defects and provide the salvage dealer with an opportunity to cure the processing errors or defects within a reasonable period, which shall not be less than 14 days. If the same processing errors or defects that are contained in the initial notice to the salvage dealer are repeated a second time by a salvage dealer within a 12-month period from the date of the initial notice, then the Secretary of State Vehicle Services Department shall suspend that salvage dealer's right to automatic processing of applications for salvage certificates or junking certificates for a period of not less than 90 days. If the same processing errors or defects that are contained in the initial notice to a salvage dealer are repeated a third time by the salvage dealer within a 12-month period from the date of the initial notice, then the Secretary of State Vehicle Services Department shall suspend that salvage dealer's right to automatic processing of applications for salvage certificates or junking certificates for a period of not less than 180 days. (c) After a salvage dealer's right to automatic processing of applications for salvage certificates or junking certificates has been suspended and the applicable suspension period has been served, the salvage dealer may request reinstatement of the right to automatic processing of applications for salvage certificates or junking certificates by demonstrating to the Secretary of State Vehicle Services Department that the salvage dealer has corrected the processing errors or defects that resulted in the suspension. The Secretary of State Vehicle Services Department, after meeting and conferring with the salvage dealer, shall have the sole discretion, subject to the appeal rights in subsection (d), to determine whether to grant the salvage dealer's request for reinstatement. (d) A salvage dealer may appeal a suspension or a denial of a request for reinstatement of the right to automatic processing of applications for salvage certificates or junking certificates directly to the Secretary of State. (e) The annual bond posted as required by this Section shall be held by the Secretary of State to secure compensation for an owner of a vehicle if it is determined that the salvage dealer caused the improper transfer of ownership of the vehicle without performing the required procedures set forth in this Chapter. After providing the salvage dealer with a reasonable opportunity to provide proof of its due diligence relating to the disputed transaction and after meeting and conferring with the salvage dealer, the Secretary of State Vehicle Services Department shall determine whether the certificate of title of the vehicle was improperly transferred out of the owner's name by the salvage dealer. This determination shall create a rebuttable presumption that the vehicle was improperly transferred out of the owner's name by the salvage dealer. Upon such a determination by the Secretary of State Vehicle Services Department, if the salvage dealer does not compensate the vehicle owner for the value of the improperly transferred certificate of title, the owner of the vehicle shall have the right to seek reimbursement from the posted bond for the loss of the vehicle under a Court of Claims proceeding. (f) The security deposited as an annual bond pursuant to this Section shall be placed by the Secretary of State in the custody of the State Treasurer. Thereafter, any person with a claim against the bond may enforce the claim through an appropriate proceeding in the Court of Claims, subject to the limitations prescribed for the Court of Claims.
(Source: P.A. 102-733, eff. 1-1-23 .) |
(625 ILCS 5/3-118) (from Ch. 95 1/2, par. 3-118)
Sec. 3-118. Application for salvage or junking certificate; contents.
(a) An application for a salvage certificate or junking certificate
shall be made upon the forms prescribed by the Secretary of State and contain:
1. The name and address of the owner;
2. A description of the vehicle including, so far as | ||
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3. The date of purchase by applicant; and
4. Any further information reasonably required by | ||
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(b) The application for salvage certificate must also contain the
current odometer reading and that the stated odometer reading is one of the
following: actual mileage, not the actual mileage or mileage is in
excess of its mechanical limits.
(b-5) Each application for a salvage certificate for a motor vehicle shall be verified by the National Motor Vehicle Title Information System (NMVTIS) for a vehicle history report prior to the Secretary issuing a salvage certificate. (c) A salvage certificate may be assigned to any person licensed under
this Act as a rebuilder, automotive parts recycler, or scrap processor, or to an
out-of-state salvage vehicle buyer. A salvage certificate for a vehicle that has come from a police impoundment may be assigned to a municipal fire department. A junking certificate may be assigned
to anyone. A salvage certificate may be assigned to one
person to whom a salvage certificate may be assigned pursuant to this Section.
(Source: P.A. 103-42, eff. 1-1-24 .)
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(625 ILCS 5/3-118.1) (from Ch. 95 1/2, par. 3-118.1)
Sec. 3-118.1.
Whenever a certificate of title is issued for a vehicle
with respect to which a salvage certificate has been previously issued,
the new certificate of title shall bear the notation "REBUILT". However,
insurance companies or persons licensed under Section 5-301 who are also
licensed as a used vehicle dealer under Section 5-102 of this Code may
exchange a salvage certificate for a certificate of title which does not
bear the notation "REBUILT" when there is submitted with the application
satisfactory proof that the salvage certificate was obtained because of a
claim of total loss from theft and the vehicle was recovered
without structural damage caused by collision, fire, flood, theft, rust,
or corrosion.
The Secretary may adopt rules governing the issuance of titles authorized
under this Section.
(Source: P.A. 89-189, eff. 1-1-96.)
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(625 ILCS 5/Ch. 3 Art. II heading) ARTICLE II.
SECURITY INTERESTS
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(625 ILCS 5/3-201) (from Ch. 95 1/2, par. 3-201)
Sec. 3-201.
Excepted liens and security interests.
This Article does not apply to or affect:
(a) A lien given by statute or rule of law to a supplier of services or
materials for the vehicle;
(b) A lien given by statute to the United States, this State or any
political subdivision of this State, except liens on trailer coaches and
mobile homes for public assistance, as provided in Section 3-12 (now
repealed) of the
Illinois Public Aid Code.
(c) A security interest in a vehicle created by a manufacturer or dealer
who holds the vehicle for sale, but a buyer in the ordinary course of trade
from the manufacturer or dealer takes free of the security interest.
(Source: P.A. 90-655, eff. 7-30-98.)
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(625 ILCS 5/3-201.1) (from Ch. 95 1/2, par. 3-201.1)
Sec. 3-201.1.
Terminal rent adjustment clause leases.
In the case of
motor vehicles or trailers, a transaction does not create a sale or a security
interest merely because it provides that the rental price is permitted or
required to be adjusted under the agreement either upward or downward by
reference to the amount realized upon sale or other disposition of the
motor vehicle or trailer.
(Source: P.A. 87-493.)
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(625 ILCS 5/3-202) (from Ch. 95 1/2, par. 3-202)
Sec. 3-202. Perfection of security interest.
(a) Unless excepted by Section 3-201, a security interest in a
vehicle of a type for which a certificate of title is required is not
valid against subsequent transferees or lienholders of the vehicle
unless perfected as provided in this Act. A purchase money security interest in a manufactured home is perfected against the rights of judicial lien creditors and execution creditors on and after the date such purchase money security interest attaches.
(b) A security interest is perfected by the delivery to the
Secretary of State of the existing certificate of title, if any, an
application for a certificate of title containing the name and address
of the lienholder and the
required fee. The security interest is perfected as of the time of
its creation if the
delivery to the Secretary of State is completed within 30 days after the
creation of the security interest or receipt by the new lienholder of the
existing certificate of title from a prior lienholder or licensed
dealer, otherwise as of the
time of the delivery.
(c) If a vehicle is subject to a security interest when brought into
this State, the validity of the security interest is determined by the
law of the jurisdiction where the vehicle was when the security interest
attached, subject to the following:
1. If the parties understood at the time the security | ||
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2. If the security interest was perfected under the | ||
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(A) If the name of the lienholder is shown on an | ||
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(B) If the name of the lienholder is not shown on | ||
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3. If the security interest was not perfected under | ||
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4. A security interest may be perfected under | ||
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(d) Except as otherwise provided in Sections 3-116.1, 3-116.2, 3-207, and the Conveyance and Encumbrance of Manufactured Homes as Real Property and Severance Act, after a certificate of title has been issued for a manufactured home and as long as the manufactured home is subject to any security interest perfected pursuant to this Section, the Secretary of State shall not file an affidavit of affixation, nor cancel the Manufacturer's Statement of Origin, nor revoke the certificate of title, nor issue a certificate of title under Section 3-106, and, in any event, the validity and priority of any security interest perfected pursuant to this Section shall continue, notwithstanding the provision of any other law. (Source: P.A. 98-749, eff. 7-16-14.)
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(625 ILCS 5/3-203) (from Ch. 95 1/2, par. 3-203)
Sec. 3-203.
Security interest.
If an owner creates a security interest in a vehicle:
(a) The owner shall immediately execute the application, in the
space provided therefor on the certificate of title or on a separate
form the Secretary of State prescribes, to name the lienholder on the
certificate, showing the name and address of the lienholder and cause the
certificate, application and
the required fee to be delivered to the lienholder.
(b) The lienholder shall immediately cause the certificate,
application and the required fee to be mailed or delivered to the
Secretary of State.
(c) Upon request of the owner or subordinate lienholder, a
lienholder in possession of the certificate of title shall either mail
or deliver the certificate to the subordinate lienholder for delivery to
the Secretary of State or, upon receipt from the subordinate lienholder
of the owner's application and the required fee, mail or deliver them to
the Secretary of State with the certificate. The delivery of the
certificate does not affect the rights of the first lienholder under his
security agreement.
(d) Upon receipt of the certificate of title, application and the
required fee, the Secretary of State shall issue a new certificate containing
the name and address
of the new lienholder, and mail the certificate to the first lienholder
named in it.
(Source: P.A. 85-511.)
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(625 ILCS 5/3-204) (from Ch. 95 1/2, par. 3-204)
Sec. 3-204.
Assignment by lienholder.
(a) A lienholder may assign, absolutely or otherwise, his security
interest in the vehicle to a person other than the owner without
affecting the interest of the owner or the validity of the security
interest, but any person without notice of the assignment is protected
in dealing with the lienholder as the holder of the security interest
and the lienholder remains liable for any obligations as lienholder
until the assignee is named as lienholder on the certificate.
(b) The assignee may, but need not to perfect the assignment, have
the certificate of title issued with the assignee named as
lienholder, upon delivering to the Secretary of State the certificate
and an assignment by the lienholder named in the certificate in the form
the Secretary of State prescribes.
(Source: P.A. 85-511.)
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(625 ILCS 5/3-205) (from Ch. 95 1/2, par. 3-205)
Sec. 3-205. Release of security interest.
(a) Within 21 days after receiving payment to satisfy a security interest in a vehicle for
which the certificate of title is in the possession of the lienholder,
he shall execute a release of his security interest, and mail
or deliver the certificate and release to the next lienholder named
therein, or, if none, to the owner or any person who delivers to the
lienholder an authorization from the owner to receive the certificate.
If the payment is in the form of cash, a cashier's check, or a
certified check, the number of days is reduced to 10 business days.
If the owner desires a new certificate reflecting no lien, the certificate
and release from the lienholder may be submitted to the Secretary of State,
along with the prescribed application and required fee, for issuance of that
new certificate.
(b) Within 21 days after receiving payment to satisfy a security interest in a vehicle for
which the certificate of title is in the possession of a prior
lienholder, the lienholder whose security interest is satisfied shall
execute a release and deliver the release to the owner or any
person who delivers to the lienholder an authorization from the owner to
receive it. If the payment is in the form of cash, a cashier's check, or a
certified check, the number of days is reduced to 10 business days. The
lienholder in possession of the certificate of title
may either deliver the certificate to the owner, or the person
authorized by him, for delivery to the Secretary of State, or, upon
receipt of the release, may mail or may deliver the certificate and release,
along with prescribed application and require fee, to
the Secretary of State, who shall issue a new certificate.
(c) In addition to any other penalty, a lienholder who fails to execute a
release of his or her security interest or who fails to mail or deliver the
certificate and release within the time limit provided in subsection (a) or (b)
is liable to the person or entity that was supposed to receive the release or
certificate for $150 plus reasonable attorney fees and court costs.
An action under this Section may be brought in small claims court or in any
other appropriate court.
(d) The holder of a security interest in or a lien on a manufactured home may deliver lien release documents to any person to facilitate conveying or encumbering the manufactured home. Any person receiving any such documents so delivered holds the documents in trust for the security interest holder or the lienholder. (Source: P.A. 98-749, eff. 7-16-14.)
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(625 ILCS 5/3-206) (from Ch. 95 1/2, par. 3-206)
Sec. 3-206.
Duty of lienholder.
A lienholder named in a certificate of title shall, upon written request
of the owner or of another lienholder named on the certificate, disclose
any pertinent information as to his security agreement and the indebtedness
secured by it.
(Source: P.A. 76-1586.)
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(625 ILCS 5/3-207) (from Ch. 95 1/2, par. 3-207)
Sec. 3-207. Exclusiveness of procedure.
The method provided in this Act of perfecting and giving notice of
security interests subject to this Act is exclusive. Security interests
subject to this Act are hereby exempted from the provisions of law which
otherwise require or relate to the recording or filing of instruments
creating or evidencing security interests in vehicles including chattel
mortgages and conditional sale agreements, provided, however, that with respect to a manufactured home that is or will be affixed to a permanent foundation, upon recordation of an affidavit of affixation pursuant to the Conveyance and Encumbrance of Manufactured Homes as Real Property and Severance Act and satisfaction of the requirements of Section 3-116.1 or 3-116.2, as applicable, any perfection or termination of a security interest with respect to such permanently affixed property shall be governed by the laws applicable to real property.
(Source: P.A. 98-749, eff. 7-16-14.)
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(625 ILCS 5/3-208) (from Ch. 95 1/2, par. 3-208)
Sec. 3-208. Suspension or revocation of certificates.
(a) The Secretary of State may suspend or revoke a certificate of title,
upon notice and reasonable opportunity to be heard in accordance with
Section 2-118, when authorized by any other provision of law or if he
finds:
1. The certificate of title was fraudulently | ||
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2. The vehicle has been scrapped, dismantled or | ||
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Except as provided in Section 3-116.2, the Secretary of State shall not suspend or revoke a certificate of title to a manufactured home by reason of the fact that, at any time, it shall have become affixed in any manner to real property. (b) Suspension or revocation of a certificate of title does not, in
itself, affect the validity of a security interest noted on it.
(c) When the Secretary of State suspends or revokes a certificate of
title, the owner or person in possession of it shall, immediately upon
receiving notice of the suspension or revocation, mail or deliver the
certificate to the Secretary of State.
(d) The Secretary of State may seize and impound any certificate of
title which has been suspended or revoked.
(Source: P.A. 98-749, eff. 7-16-14.)
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(625 ILCS 5/3-209) (from Ch. 95 1/2, par. 3-209)
Sec. 3-209. Powers of Secretary of State.
(a) The Secretary of State shall prescribe and provide suitable forms of
applications, certificates of title, notices of security interests, and all
other notices and forms necessary to carry out the provisions of this
chapter.
(b) The Secretary of State may:
1. Make necessary investigations to procure | ||
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2. Assign a new identifying number to a vehicle if | ||
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3. Remove a franchise affiliate's lien so that the | ||
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(Source: P.A. 102-154, eff. 1-1-22 .)
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(625 ILCS 5/3-210) (from Ch. 95 1/2, par. 3-210)
Sec. 3-210.
Court review.
A person aggrieved by an act or omission to
act of the Secretary of
State under this Article is also entitled to a review
thereof by the
Circuit Court of Sangamon County in accordance
with the Administrative Review Law, as amended.
(Source: P.A. 82-783.)
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(625 ILCS 5/Ch. 3 Art. III heading) ARTICLE III.
CERTIFICATE OF TITLE-REBUILT VEHICLES
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(625 ILCS 5/3-301) (from Ch. 95 1/2, par. 3-301)
Sec. 3-301. New certificate of title for rebuilt vehicle.
(a) For vehicles 8 model years of age or newer, the Secretary of State
shall issue a new certificate of title to any rebuilt
vehicle or any vehicle which previously had been titled as salvage
in this State or any other jurisdiction upon the successful inspection
of the vehicle in accordance with Section 3-308 of this Article.
(b) Vehicles more than 8 model years old shall not be required to
complete a successful inspection required under Section 3-308 of this Code
before being issued a new certificate of title as provided under this
Section.
(c) Vehicles designated as flood vehicles that have sustained damage
greater than 50% of their fair market value with that damage shall be
required to complete a
successful
inspection required under Section 3-308 of this Code before being issued a new
certificate of title provided under paragraph (5), subsection (b) of Section
3-117.1.
(Source: P.A. 102-319, eff. 1-1-22 .)
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(625 ILCS 5/3-302) (from Ch. 95 1/2, par. 3-302)
Sec. 3-302.
Application for title; contents.
Every application for
a certificate of title for a rebuilt vehicle shall be made upon a form
prescribed by the Secretary of State, and shall include the following:
1. The name, residence and mailing address of the | ||
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2. A description of the vehicle including, so far as | ||
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3. The date of purchase by applicant, the name and | ||
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4. The current odometer reading at the time of | ||
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5. Any further information the Secretary of State | ||
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(Source: P.A. 92-651, eff. 7-11-02.)
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(625 ILCS 5/3-303) (from Ch. 95 1/2, par. 3-303)
Sec. 3-303. Application for title - attachments. Every application
for a certificate of title for a rebuilt vehicle shall be
accompanied by the following:
1. The salvage certificate or out-of-state title | ||
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2. Bills of sale and other documents evidencing the | ||
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3. Photographs of the rebuilt vehicle if required by | ||
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4. A Certificate of Safety furnished by the | ||
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5. A listing of all replaced essential parts of the | ||
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6. Where the party has contracted for the rebuilding | ||
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(Source: P.A. 96-330, eff. 1-1-10.)
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(625 ILCS 5/3-304) (from Ch. 95 1/2, par. 3-304)
Sec. 3-304. Application for title - affirmation. (a) The applicant
applying for a certificate of title for a rebuilt vehicle shall
sign a written affirmation which states the following:
1. The applicant (A) is a licensed rebuilder and personally | ||
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(B) is a licensed builder and personally | ||
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(C) contracted for rebuilding with a licensed | ||
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2. The applicant personally inspected the completed | ||
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3. The identification numbers of the rebuilt vehicle | ||
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4. The salvage certificate or out-of-state title | ||
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5. All information contained on the application and | ||
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(b) If the applicant states that he or she has contracted for rebuilding with a licensed rebuilder, the applicant shall submit a statement from the rebuilder, in the form designated by the Secretary, stating that all of the supporting documentation and the contents of the application are, to the best of the rebuilder's knowledge and belief, complete, true, and correct. (Source: P.A. 96-330, eff. 1-1-10.)
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(625 ILCS 5/3-305) (from Ch. 95 1/2, par. 3-305)
Sec. 3-305. Inspection fee. The fee for the inspection of a rebuilt
vehicle shall be $94. All such fees received by the Secretary
of State shall be disbursed under subsection (g) of Section 2-119 of this Code.
(Source: P.A. 99-127, eff. 1-1-16 .)
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(625 ILCS 5/3-306) (from Ch. 95 1/2, par. 3-306)
Sec. 3-306.
Retention of documents.
The original documents required to
be submitted to the Secretary of State pursuant to Sections 3-301 through
3-305 shall be retained by the Secretary of State for a period determined
by Secretary of State by rule or regulation.
(Source: P.A. 83-1528.)
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(625 ILCS 5/3-307) (from Ch. 95 1/2, par. 3-307)
Sec. 3-307.
Short term permit.
The Secretary of State shall issue at no charge a
short term permit for any vehicle for which an application for a
certificate of title has been made under this Article and which must be
driven on the roads and highways of this State to a place of inspection.
(Source: P.A. 84-1302; 84-1304.)
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(625 ILCS 5/3-308) (from Ch. 95 1/2, par. 3-308)
Sec. 3-308.
Inspection of rebuilt
vehicles.
(a) The Secretary of State shall inspect any vehicle
8 model years of age or newer for which an application for a certificate of
title for a rebuilt
vehicle will be submitted, or any foreign vehicle which is or may have been
salvage
as defined under the provisions of this Code.
(b) The inspection of the vehicle shall include an examination of the
vehicle and its parts and of the application and proof of notification, if
applicable, to determine that:
(1) the identification numbers of the vehicle or its | ||
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(2) all information contained in the application for | ||
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(3) there are no indications that the vehicle or any | ||
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(c) The Secretary of State shall, by rule or regulation, carry out and
implement the provisions contained in this Section.
(d) All fees received by the Secretary of State from the inspection of
vehicles under this Section shall be applied towards the maintenance of the
vehicle
inspection program and the personnel costs required for the operation of such
program.
(Source: P.A. 89-433, eff. 12-15-95.)
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(625 ILCS 5/Ch. 3 Art. IV heading) ARTICLE IV.
ORIGINAL AND RENEWAL OF REGISTRATION
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(625 ILCS 5/3-400) (from Ch. 95 1/2, par. 3-400)
Sec. 3-400. Definitions. Notwithstanding the definitions set forth in
Chapter 1 of this Act, for the purposes of this Article, the following
words shall have the meaning ascribed to them as follows:
"Apportionable Fee" means any periodic recurring fee required for
licensing or registering vehicles, such as, but not limited to,
registration fees, license or weight fees.
"Apportionable Vehicle" means any vehicle, except recreational
vehicles, vehicles displaying restricted plates, city pickup and delivery
vehicles, buses used in transportation of chartered parties, and government
owned vehicles that are used or intended for use in 2 or more member
jurisdictions that allocate or proportionally register vehicles, in a
fleet which is used for the transportation of persons for hire or the
transportation of property and which has a gross vehicle weight in excess of
26,000 pounds; or has three or more axles regardless of weight; or is used in
combination when the weight of such combination exceeds 26,000 pounds gross
vehicle weight. Vehicles, or combinations having a gross vehicle weight of
26,000 pounds or less and two-axle vehicles may be proportionally registered at
the option of such owner.
"Base Jurisdiction" means, for purposes of fleet registration, the
jurisdiction where the registrant has an established place of business,
where operational records of the fleet are maintained and where mileage
is accrued by the fleet. In case a registrant operates more than one
fleet, and maintains records for each fleet in different places, the
"base jurisdiction" for a fleet shall be the jurisdiction where an
established place of business is maintained, where records of the
operation of that fleet are maintained and where mileage is accrued by
that fleet.
"Operational Records" means documents supporting miles traveled in
each jurisdiction and total miles traveled, such as fuel reports, trip
leases, and logs.
"Owner" means a person who holds legal title of a motor vehicle, or in the
event a motor vehicle is the subject of an agreement for the conditional
sale or lease thereof with the right of purchase upon performance of the
conditions stated in the agreement and with an immediate right of
possession vested in the conditional vendee or lessee with right of
purchase, or in the event a mortgagor of such motor vehicle is entitled
to possession, or in the event a lessee of such motor vehicle is
entitled to possession or control, then such conditional vendee or
lessee with right of purchase or mortgagor or lessee is considered to be
the owner for the purpose of this Act.
"Registration plate or digital registration plate cover" means any tinted, colored, painted, marked, clear, or illuminated object that is designed to (i) cover any of the characters of a motor vehicle's
registration plate or digital registration plate; or (ii) distort a recorded image of any of the characters
of a motor vehicle's registration plate or digital registration plate recorded by an automated enforcement system as defined in Section 11-208.6, 11-208.8, or 11-1201.1 of this Code or recorded by an automated traffic control system as defined in Section 15 of the Automated Traffic Control Systems in Highway Construction or Maintenance Zones Act. "Rental Owner" means an owner principally engaged, with respect to
one or more rental fleets, in renting to others or offering for rental
the vehicles of such fleets, without drivers.
"Restricted Plates" shall include, but is not limited to, dealer,
manufacturer, transporter, farm, repossessor, and permanently mounted type
plates. Vehicles displaying any of these type plates from a foreign
jurisdiction that is a member of the International Registration Plan shall be
granted reciprocity but shall be subject to the same limitations as similar
plated Illinois registered vehicles.
(Source: P.A. 101-395, eff. 8-16-19.)
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(625 ILCS 5/3-401) (from Ch. 95 1/2, par. 3-401)
Sec. 3-401. Effect of provisions.
(a) It shall be unlawful for any
person to violate any provision of this Chapter or to drive or move or
for an owner knowingly to permit to be driven or moved upon any highway
any vehicle of a type required to be registered hereunder which is not
registered or for which the appropriate fee has not been paid when and
as required hereunder, except that when application accompanied by
proper fee has been made for registration of a vehicle it may be
operated temporarily pending complete registration upon displaying a
duplicate application duly verified or other evidence of such
application or otherwise under rules and regulations promulgated by the
Secretary of State.
(b) The appropriate fees required to be paid under the various
provisions of this Act for registration of vehicles shall mean the fee
or fees which would have been paid initially, if proper and timely
application had been made to the Secretary of State for the appropriate
registration required, whether such registration be a flat weight
registration, a single trip permit, a reciprocity permit or a
supplemental application to an original prorate application together
with payment of fees due under the supplemental application for prorate
decals.
(c) Effective October 1, 1984, no vehicle required to pay a Federal
Highway
Users Tax shall be registered unless proof of payment, in a form prescribed
and approved by the Secretary of State, is submitted with the appropriate
registration. Notwithstanding any other provision of this Code, failure
of the applicant to comply with this paragraph shall be deemed grounds for
the Secretary to refuse registration.
(c-1) A vehicle may not be registered by the Secretary of State unless that vehicle:
(1) was originally manufactured for operation on | ||
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(2) is a modification of a vehicle that was | ||
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(3) was assembled from component parts designed for | ||
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(d) Second division vehicles.
(1) A vehicle of the second division moved or | ||
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(2) If a vehicle and load are operated in this State | ||
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(3) Any person operating a legal combination of | ||
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(4) If the defendant claims that he or she had | ||
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(Source: P.A. 100-70, eff. 8-11-17.)
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(625 ILCS 5/3-401.5) Sec. 3-401.5. Digital registration plates and renewals. (a) The Secretary of State may authorize the issuance of a digital registration plate to a vehicle, in lieu of a set of static, metal registration plates, if the vehicle owner separately purchases the digital registration plate for a particular vehicle. The Secretary shall consult with law enforcement agencies when considering whether to approve the design of a digital license plate. The display device must allow for the automated image capture of letters and numbers during daytime and nighttime, including when the vehicle is parked or turned off. The Secretary shall work with the vehicle owner and the distributor of the digital registration plates to coordinate the appropriate plate image and registration expiration to appear on the digital registration plate. One metal plate shall still be issued to the vehicle owner for the front end of the vehicle. (b) The Secretary, for any vehicle owner that purchases a digital registration plate, may electronically renew the digital registration plate upon receiving the appropriate renewal registration fee as set forth in this Code. The Secretary may also authorize the image to be suspended or revoked and replaced with an alternative image or blank screen upon violation of any provision of this Code or the failure to renew the digital registration plate. (c) Before a digital registration plate may be issued in lieu of a special plate authorized under Article VI of this Chapter, the Secretary shall seek approval from the originating organization, when possible, to authorize a digital version of the static, metal plates issued to a vehicle owner. (d) The owner of a digital registration plate is responsible for any costs associated with using the digital registration plate, including, but not limited to, the initial purchase price and any replacement costs. (e) The Secretary of State may adopt any rules necessary to implement and develop a digital registration plate program, including rules regarding the images that may appear on digital registration plates. (f) No image shall appear on a digital registration plate without prior approval of the Secretary of State.
(Source: P.A. 101-395, eff. 8-16-19.) |
(625 ILCS 5/3-402) (from Ch. 95 1/2, par. 3-402)
Sec. 3-402. Vehicles subject to registration; exceptions.
A. Exemptions and Policy. Every motor vehicle, trailer, semitrailer and
pole trailer when driven or moved upon a highway shall be subject to the
registration and certificate of title provisions of this Chapter except:
(1) Any such vehicle driven or moved upon a highway | ||
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(2) Any implement of husbandry whether of a type | ||
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(3) Any special mobile equipment as herein defined;
(4) Any vehicle which is propelled exclusively by | ||
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(5) Any vehicle which is equipped and used | ||
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(6) Any vehicle which is owned and operated by the | ||
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(7) Any converter dolly or tow dolly which merely | ||
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(8) Any house trailer found to be an abandoned mobile | ||
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(9) Any vehicle that is not properly registered or | ||
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B. Reciprocity. Any motor vehicle, trailer, semitrailer or pole trailer
need not be registered under this Code provided the same is operated interstate
and in accordance with the following provisions and any rules and regulations
promulgated pursuant thereto:
(1) A nonresident owner, except as otherwise provided | ||
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Every nonresident including any foreign corporation | ||
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(2) Any motor vehicle, trailer, semitrailer and pole | ||
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(a) that the vehicle is properly registered in | ||
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(b) that such vehicle is part of a fleet of | ||
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(c) that such vehicle is part of a fleet of | ||
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(3)(a) In order to effectuate the purposes of this | ||
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The Secretary of State may negotiate agreements or | ||
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(b) Such reciprocal agreements or arrangements shall | ||
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(c) Such agreements or arrangements may also | ||
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(d) Such agreements or arrangements shall also | ||
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(e) Such agreements or arrangements may also provide | ||
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(f) Such agreements or arrangements may also include | ||
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(4) The Secretary of State is further authorized to | ||
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(5) All agreements, arrangements, declarations and | ||
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(6) The Secretary of State is further authorized to | ||
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(7)(a) Upon the suspension, revocation or denial of | ||
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(b) The Secretary may likewise, in his discretion and | ||
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(c) The Secretary shall notify a petitioner or any | ||
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(d) The actions or inactions or determinations, or | ||
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Any reciprocal agreements or arrangements entered | ||
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C. Vehicles purchased out-of-state. A resident of this State who
purchases a vehicle in another state and transports the vehicle to Illinois
shall apply for registration and certificate of title as soon
as practicable, but in no event more than 45 days after the purchase of the
vehicle. If an Illinois motorist who purchased a vehicle from an out-of-state
licensed dealer is unable to meet the 45-day deadline due to a delay in
paperwork from the seller, that motorist may obtain an Illinois temporary
registration plate with: (i) proof of purchase; (ii) proof of meeting the
Illinois driver's license or identification card requirement; and (iii) proof
that Illinois title and registration fees have been paid. If fees have not
been paid, the motorist may pay the fees in order to obtain the temporary
registration plate. The owner of such a vehicle shall display any temporary
permit or registration issued in accordance with Section 3-407. (Source: P.A. 103-209, eff. 1-1-24 .)
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(625 ILCS 5/3-402.1) (from Ch. 95 1/2, par. 3-402.1)
Sec. 3-402.1.
Proportional registration.
Any owner
or rental owner engaged in operating a fleet of apportionable
vehicles in this State and one or more other states may, in
lieu of registration of such vehicles under the general
provisions of Sections 3-402, 3-815, 3-815.1, and 3-819, register
and license such fleet for operations in this State by
filing an application statement, signed under penalties
of perjury, with the Secretary of State which shall be in
such form and contain such information as the Secretary of
State shall require, declaring the total mileage operated
in all states by such fleet, the total mileage operated
in this state by such fleet during the preceding year,
and describing and identifying each apportionable vehicle
to be operated in this State during the ensuing year. If
mileage data is not available for the preceding year, the
Secretary of State may accept the latest 12-month period
available.
"Preceding year" means the period of 12 consecutive months immediately prior
to July 1st of the year immediately preceding the registration or license year
for which proportional registration is sought.
Such owner shall determine the proportion of in-state
miles to total fleet miles. Such percentage figure shall
be such owner's apportionment factor. In determining the
total fee payment, such owner shall first compute the license
fee or fees for each vehicle within the fleet which would otherwise be
required,
and then multiply the said amount by the Illinois apportionment
factor adding the fees for each vehicle to arrive at a total amount for
the fleet. Apportionable trailers and semitrailers will be registered in
accordance with the provisions of Section 3-813 of this Code.
Upon receipt of the appropriate fees from such owner
as computed under the provisions of this Section, the Secretary
of State shall, when this State is the base jurisdiction,
issue to such owner number plates or other distinctive tags
or such evidence of registration as the Secretary of State
shall deem appropriate to identify each vehicle in the fleet
as a part of a proportionally registered interstate fleet.
Vehicles registered under the provision of this Section
shall be considered fully licensed and properly registered in
Illinois for any type of movement or operation. The proportional
registration and licensing provisions of this Section shall apply
to vehicles added to fleets and operated in this State during
the registration year, applying the same apportionment factor
to such fees as would be payable for the remainder of the
registration year.
Apportionment factors for apportionable vehicles not
operated in this State during the preceding year shall be
determined by the Secretary of State on the basis of
a full statement of the proposed methods of operation and in conformity
with an estimated mileage chart as calculated by the Secretary of State.
An established fleet adding states at the time of renewal shall estimate
mileage for the added states in conformity with a mileage chart developed
by the Secretary of State.
(Source: P.A. 93-23, eff. 6-20-03 .)
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(625 ILCS 5/3-402.2) (from Ch. 95 1/2, par. 3-402.2)
Sec. 3-402.2.
Audits.
In addition to audit authority
set forth in Section 2-124 of this Act, the Secretary of
State, when this state is the base jurisdiction, may audit
such owners displaying a base plate of this state as to
authenticity of mileage figures and registrations and at
such time and frequency as determined by the Secretary of
State. Audits may be made by officials of other jurisdictions
which are members of an International Registration Plan (IRP) of which
this state is also a member.
Upon completion of any such audit, the Secretary of
State shall notify all jurisdictions in which such owner
was proportionally registered on the accuracy of the records
of such owner. Should such owner have underpaid or overpaid
any jurisdiction
in which his vehicles were proportionally registered,
such information shall be furnished to the jurisdiction for
processing in accordance with the procedures as set forth under the
International Registration Plan.
(Source: P.A. 92-69, eff. 7-12-01.)
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(625 ILCS 5/3-402.3) (from Ch. 95 1/2, par. 3-402.3)
Sec. 3-402.3.
Relation to Other State Laws.
The
provisions of Section 3-402.1 shall constitute complete authority
for the registration of vehicles upon a proportional
registration basis without reference to or application of
any other statutes of this state.
(Source: P.A. 79-1041.)
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