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91_SB1315
LRB9110089DHks
1 AN ACT to amend the Illinois Vehicle Code by changing
2 Section 3-402.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Vehicle Code is amended by
6 changing Section 3-402 as follows:
7 (625 ILCS 5/3-402) (from Ch. 95 1/2, par. 3-402)
8 Sec. 3-402. Vehicles subject to registration;
9 exceptions.
10 A. Exemptions and Policy. Every motor vehicle, trailer,
11 semitrailer and pole trailer when driven or moved upon a
12 highway shall be subject to the registration and certificate
13 of title provisions of this Chapter except:
14 (1) Any such vehicle driven or moved upon a highway
15 in conformance with the provisions of this Chapter
16 relating to manufacturers, transporters, dealers,
17 lienholders or nonresidents or under a temporary
18 registration permit issued by the Secretary of State;
19 (2) Any implement of husbandry whether of a type
20 otherwise subject to registration hereunder or not which
21 is only incidentally operated or moved upon a highway,
22 which shall include a not-for-hire movement for the
23 purpose of delivering farm commodities to a place of
24 first processing or sale, or to a place of storage;
25 (3) Any special mobile equipment as herein defined;
26 (4) Any vehicle which is propelled exclusively by
27 electric power obtained from overhead trolley wires
28 though not operated upon rails;
29 (5) Any vehicle which is equipped and used
30 exclusively as a pumper, ladder truck, rescue vehicle,
31 searchlight truck, or other fire apparatus, but not a
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1 vehicle of a type which would otherwise be subject to
2 registration as a vehicle of the first division;
3 (6) Any vehicle which is owned and operated by the
4 federal government and externally displays evidence of
5 federal ownership. It is the policy of the State of
6 Illinois to promote and encourage the fullest use of its
7 highways and to enhance the flow of commerce thus
8 contributing to the economic, agricultural, industrial
9 and social growth and development of this State, by
10 authorizing the Secretary of State to negotiate and enter
11 into reciprocal or proportional agreements or
12 arrangements with other States, or to issue declarations
13 setting forth reciprocal exemptions, benefits and
14 privileges with respect to vehicles operated interstate
15 which are properly registered in this and other States,
16 assuring nevertheless proper registration of vehicles in
17 Illinois as may be required by this Code;
18 (7) Any converter dolly or tow dolly which merely
19 serves as substitute wheels for another legally licensed
20 vehicle. A title may be issued on a voluntary basis to a
21 tow dolly upon receipt of the manufacturer's certificate
22 of origin or the bill of sale;
23 (8) Any house trailer found to be an abandoned
24 mobile home under the Abandoned Mobile Home Act;
25 (9) Any vehicle that is not properly registered or
26 does not have registration plates issued to the owner or
27 operator affixed thereto, or that does have registration
28 plates issued to the owner or operator affixed thereto
29 but the plates are not appropriate for the weight of the
30 vehicle, provided that this exemption shall apply only
31 while the vehicle is being transported or operated by a
32 towing service and has a third tow plate affixed to it.
33 A-5. Title exemption. No certificate of title is
34 required for a boat trailer whose purchase price is less than
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1 $250. A boat trailer exempt from the certificate of title
2 requirement is still subject to registration requirements.
3 B. Reciprocity. Any motor vehicle, trailer, semitrailer
4 or pole trailer need not be registered under this Code
5 provided the same is operated interstate and in accordance
6 with the following provisions and any rules and regulations
7 promulgated pursuant thereto:
8 (1) A nonresident owner, except as otherwise
9 provided in this Section, owning any foreign registered
10 vehicle of a type otherwise subject to registration
11 hereunder, may operate or permit the operation of such
12 vehicle within this State in interstate commerce without
13 registering such vehicle in, or paying any fees to, this
14 State subject to the condition that such vehicle at all
15 times when operated in this State is operated pursuant to
16 a reciprocity agreement, arrangement or declaration by
17 this State, and further subject to the condition that
18 such vehicle at all times when operated in this State is
19 duly registered in, and displays upon it, a valid
20 registration card and registration plate or plates issued
21 for such vehicle in the place of residence of such owner
22 and is issued and maintains in such vehicle a valid
23 Illinois reciprocity permit as required by the Secretary
24 of State, and provided like privileges are afforded to
25 residents of this State by the State of residence of such
26 owner.
27 Every nonresident including any foreign corporation
28 carrying on business within this State and owning and
29 regularly operating in such business any motor vehicle,
30 trailer or semitrailer within this State in intrastate
31 commerce, shall be required to register each such vehicle
32 and pay the same fees therefor as is required with
33 reference to like vehicles owned by residents of this
34 State.
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1 (2) Any motor vehicle, trailer, semitrailer and
2 pole trailer operated interstate need not be registered
3 in this State, provided:
4 (a) same is properly registered in another
5 State pursuant to law or to a reciprocity agreement,
6 arrangement or declaration; or
7 (b) that such vehicle is part of a fleet of
8 vehicles owned or operated by the same person who
9 registers such fleet of vehicles pro rata among the
10 various States in which such fleet operates; or
11 (c) that such vehicle is part of a fleet of
12 vehicles, a portion of which are registered with the
13 Secretary of State of Illinois in accordance with an
14 agreement or arrangement concurred in by the
15 Secretary of State of Illinois based on one or more
16 of the following factors: ratio of miles in Illinois
17 as against total miles in all jurisdictions; situs
18 or base of a vehicle, or where it is principally
19 garaged, or from whence it is principally dispatched
20 or where the movements of such vehicle usually
21 originate; situs of the residence of the owner or
22 operator thereof, or of his principal office or
23 offices, or of his places of business; the routes
24 traversed and whether regular or irregular routes
25 are traversed, and the jurisdictions traversed and
26 served; and such other factors as may be deemed
27 material by the Secretary and the motor vehicle
28 administrators of the other jurisdictions involved
29 in such apportionment; and
30 (d) that such vehicles shall maintain therein
31 any reciprocity permit which may be required by the
32 Secretary of State pursuant to rules and regulations
33 which the Secretary of State may promulgate in the
34 administration of this Code, in the public interest.
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1 (3) (a) In order to effectuate the purposes of this
2 Code, the Secretary of State of Illinois is
3 empowered to negotiate and execute written
4 reciprocal agreements or arrangements with the duly
5 authorized representatives of other jurisdictions,
6 including States, districts, territories and
7 possessions of the United States, and foreign
8 states, provinces, or countries, granting to owners
9 or operators of vehicles duly registered or licensed
10 in such other jurisdictions and for which evidence
11 of compliance is supplied, benefits, privileges and
12 exemption from the payment, wholly or partially, of
13 any taxes, fees or other charges imposed with
14 respect to the ownership or operation of such
15 vehicles by the laws of this State except the tax
16 imposed by the Motor Fuel Tax Law, approved March
17 25, 1929, as amended, and the tax imposed by the Use
18 Tax Act, approved July 14, 1955, as amended.
19 The Secretary of State may negotiate agreements
20 or arrangements as are in the best interests of this
21 State and the residents of this State pursuant to
22 the policies expressed in this Section taking into
23 consideration the reciprocal exemptions, benefits
24 and privileges available and accruing to residents
25 of this State and vehicles registered in this State.
26 (b) Such reciprocal agreements or arrangements
27 shall provide that vehicles duly registered or
28 licensed in this State when operated upon the
29 highways of such other jurisdictions, shall receive
30 exemptions, benefits and privileges of a similar
31 kind or to a similar degree as extended to vehicles
32 from such jurisdictions in this State.
33 (c) Such agreements or arrangements may also
34 authorize the apportionment of registration or
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1 licensing of fleets of vehicles operated interstate,
2 based on any or all of the following factors: ratio
3 of miles in Illinois as against total miles in all
4 jurisdictions; situs or base of a vehicle, or where
5 it is principally garaged or from whence it is
6 principally dispatched or where the movements of
7 such vehicle usually originate; situs of the
8 residence of the owner or operator thereof, or of
9 his principal office or offices, or of his places of
10 business; the routes traversed and whether regular
11 or irregular routes are traversed, and the
12 jurisdictions traversed and served; and such other
13 factors as may be deemed material by the Secretary
14 and the motor vehicle administrators of the other
15 jurisdictions involved in such apportionment, and
16 such vehicles shall likewise be entitled to
17 reciprocal exemptions, benefits and privileges.
18 (d) Such agreements or arrangements shall also
19 provide that vehicles being operated in intrastate
20 commerce in Illinois shall comply with the
21 registration and licensing laws of this State,
22 except that vehicles which are part of an
23 apportioned fleet may conduct an intrastate
24 operation incidental to their interstate operations.
25 Any motor vehicle properly registered and qualified
26 under any reciprocal agreement or arrangement under
27 this Code and not having a situs or base within
28 Illinois may complete the inbound movement of a
29 trailer or semitrailer to an Illinois destination
30 that was brought into Illinois by a motor vehicle
31 also properly registered and qualified under this
32 Code and not having a situs or base within Illinois,
33 or may complete an outbound movement of a trailer or
34 semitrailer to an out-of-state destination that was
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1 originated in Illinois by a motor vehicle also
2 properly registered and qualified under this Code
3 and not having a situs or base in Illinois, only if
4 the operator thereof did not break bulk of the cargo
5 laden in such inbound or outbound trailer or
6 semitrailer. Adding or unloading intrastate cargo on
7 such inbound or outbound trailer or semitrailer
8 shall be deemed as breaking bulk.
9 (e) Such agreements or arrangements may also
10 provide for the determination of the proper State in
11 which leased vehicles shall be registered based on
12 the factors set out in subsection (c) above and for
13 apportionment of registration of fleets of leased
14 vehicles by the lessee or by the lessor who leases
15 such vehicles to persons who are not fleet
16 operators.
17 (f) Such agreements or arrangements may also
18 include reciprocal exemptions, benefits or
19 privileges accruing under The Illinois Driver
20 Licensing Law or The Driver License Compact.
21 (4) The Secretary of State is further authorized to
22 examine the laws and requirements of other jurisdictions,
23 and, in the absence of a written agreement or
24 arrangement, to issue a written declaration of the extent
25 and nature of the exemptions, benefits and privileges
26 accorded to vehicles of this State by such other
27 jurisdictions, and the extent and nature of reciprocal
28 exemptions, benefits and privileges thereby accorded by
29 this State to the vehicles of such other jurisdictions.
30 A declaration by the Secretary of State may include any,
31 part or all reciprocal exemptions, benefits and
32 privileges or provisions as may be included within an
33 agreement or arrangement.
34 (5) All agreements, arrangements, declarations and
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1 amendments thereto, shall be in writing and become
2 effective when signed by the Secretary of State, and
3 copies of all such documents shall be available to the
4 public upon request.
5 (6) The Secretary of State is further authorized to
6 require the display by foreign registered trucks,
7 truck-tractors and buses, entitled to reciprocal
8 benefits, exemptions or privileges hereunder, a
9 reciprocity permit for external display before any such
10 reciprocal benefits, exemptions or privileges are
11 granted. The Secretary of State shall provide suitable
12 application forms for such permit and shall promulgate
13 and publish reasonable rules and regulations for the
14 administration and enforcement of the provisions of this
15 Code including a provision for revocation of such permit
16 as to any vehicle operated wilfully in violation of the
17 terms of any reciprocal agreement, arrangement or
18 declaration or in violation of the Illinois Motor Carrier
19 of Property Law, as amended.
20 (7) (a) Upon the suspension, revocation or denial
21 of one or more of all reciprocal benefits,
22 privileges and exemptions existing pursuant to the
23 terms and provisions of this Code or by virtue of a
24 reciprocal agreement or arrangement or declaration
25 thereunder; or, upon the suspension, revocation or
26 denial of a reciprocity permit; or, upon any action
27 or inaction of the Secretary in the administration
28 and enforcement of the provisions of this Code, any
29 person, resident or nonresident, so aggrieved, may
30 serve upon the Secretary, a petition in writing and
31 under oath, setting forth the grievance of the
32 petitioner, the grounds and basis for the relief
33 sought, and all necessary facts and particulars, and
34 request an administrative hearing thereon. Within
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1 20 days, the Secretary shall set a hearing date as
2 early as practical. The Secretary may, in his
3 discretion, supply forms for such a petition.
4 (b) The Secretary may likewise, in his
5 discretion and upon his own petition, order a
6 hearing, when in his best judgment, any person is
7 not entitled to the reciprocal benefits, privileges
8 and exemptions existing pursuant to the terms and
9 provisions of this Code or under a reciprocal
10 agreement or arrangement or declaration thereunder
11 or that a vehicle owned or operated by such person
12 is improperly registered or licensed, or that an
13 Illinois resident has improperly registered or
14 licensed a vehicle in another jurisdiction for the
15 purposes of violating or avoiding the registration
16 laws of this State.
17 (c) The Secretary shall notify a petitioner or
18 any other person involved of such a hearing, by
19 giving at least 10 days notice, in writing, by U.S.
20 Mail, Registered or Certified, or by personal
21 service, at the last known address of such
22 petitioner or person, specifying the time and place
23 of such hearing. Such hearing shall be held before
24 the Secretary, or any person as he may designate,
25 and unless the parties mutually agree to some other
26 county in Illinois, the hearing shall be held in the
27 County of Sangamon or the County of Cook.
28 Appropriate records of the hearing shall be kept,
29 and the Secretary shall issue or cause to be issued,
30 his decision on the case, within 30 days after the
31 close of such hearing or within 30 days after
32 receipt of the transcript thereof, and a copy shall
33 likewise be served or mailed to the petitioner or
34 person involved.
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1 (d) The actions or inactions or
2 determinations, or findings and decisions upon an
3 administrative hearing, of the Secretary, shall be
4 subject to judicial review in the Circuit Court of
5 the County of Sangamon or the County of Cook, and
6 the provisions of the Administrative Review Law, and
7 all amendments and modifications thereof and rules
8 adopted pursuant thereto, apply to and govern all
9 such reviewable matters.
10 Any reciprocal agreements or arrangements
11 entered into by the Secretary of State or any
12 declarations issued by the Secretary of State
13 pursuant to any law in effect prior to the effective
14 date of this Code are not hereby abrogated, and such
15 shall continue in force and effect until amended
16 pursuant to the provisions of this Code or expire
17 pursuant to the terms or provisions thereof.
18 (Source: P.A. 89-433, eff. 12-15-95; 90-89, eff. 1-1-98.)