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91_SB1356
LRB9109936DHks
1 AN ACT to amend the Illinois Vehicle Code by changing
2 Sections 2-118 and 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 Sections 2-118 and 3-402 as follows:
7 (625 ILCS 5/2-118) (from Ch. 95 1/2, par. 2-118)
8 Sec. 2-118. Hearings.
9 (a) Upon the suspension, revocation or denial of the
10 issuance of a license, permit, registration or certificate of
11 title under this Code of any person the Secretary of State
12 shall immediately notify such person in writing and upon his
13 written request shall, within 20 days after receipt thereof,
14 set a date for a hearing and afford him an opportunity for a
15 hearing as early as practical, in either the County of
16 Sangamon or the County of Cook as such person may specify,
17 unless both parties agree that such hearing may be held in
18 some other county. The Secretary may require the payment of a
19 fee of not more than $50 for the filing of any petition,
20 motion, or request for hearing conducted pursuant to this
21 Section. These fees shall be used to fund the operation of
22 the hearings department of the Office of the Secretary of
23 State. The Secretary shall establish by rule the amount and
24 the procedures, terms, and conditions relating to these fees.
25 (b) At any time after the suspension, revocation or
26 denial of a license, permit, registration or certificate of
27 title of any person as hereinbefore referred to, the
28 Secretary of State, in his discretion and without the
29 necessity of a request by such person, may hold such a
30 hearing, upon not less than 10 days' notice in writing, in
31 the Counties of Sangamon or Cook or in any other county
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1 agreed to by the parties.
2 (c) Upon any such hearing, the Secretary of State, or
3 his authorized agent may administer oaths and issue subpoenas
4 for the attendance of witnesses and the production of
5 relevant books and records and may require an examination of
6 such person. Upon any such hearing, the Secretary of State
7 shall either rescind or, good cause appearing therefor,
8 continue, change or extend the Order of Revocation or
9 Suspension, or upon petition therefore and subject to the
10 provisions of this Code, issue a restricted driving permit or
11 reinstate the license or permit of such person.
12 (d) All hearings and hearing procedures shall comply
13 with requirements of the Constitution, so that no person is
14 deprived of due process of law nor denied equal protection of
15 the laws. All hearings shall be held before the Secretary of
16 State or before such persons as may be designated by the
17 Secretary of State and appropriate records of such hearings
18 shall be kept. Where a transcript of the hearing is taken,
19 the person requesting the hearing shall have the opportunity
20 to order a copy thereof at his own expense.
21 (e) The action of the Secretary of State in suspending,
22 revoking or denying any license, permit, registration or
23 certificate of title shall be subject to judicial review in
24 the Circuit Court of Sangamon County or in the Circuit Court
25 of Cook County and the provisions of the Administrative
26 Review Law, and all amendments and modifications thereto, and
27 the rules adopted pursuant thereto, are hereby adopted and
28 shall apply to and govern every action for the judicial
29 review of final acts or decisions of the Secretary of State
30 hereunder.
31 (Source: P.A. 89-145, eff. 7-14-95.)
32 (625 ILCS 5/3-402) (from Ch. 95 1/2, par. 3-402)
33 Sec. 3-402. Vehicles subject to registration;
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1 exceptions.
2 A. Exemptions and Policy. Every motor vehicle, trailer,
3 semitrailer and pole trailer when driven or moved upon a
4 highway shall be subject to the registration and certificate
5 of title provisions of this Chapter except:
6 (1) Any such vehicle driven or moved upon a highway
7 in conformance with the provisions of this Chapter
8 relating to manufacturers, transporters, dealers,
9 lienholders or nonresidents or under a temporary
10 registration permit issued by the Secretary of State;
11 (2) Any implement of husbandry whether of a type
12 otherwise subject to registration hereunder or not which
13 is only incidentally operated or moved upon a highway,
14 which shall include a not-for-hire movement for the
15 purpose of delivering farm commodities to a place of
16 first processing or sale, or to a place of storage;
17 (3) Any special mobile equipment as herein defined;
18 (4) Any vehicle which is propelled exclusively by
19 electric power obtained from overhead trolley wires
20 though not operated upon rails;
21 (5) Any vehicle which is equipped and used
22 exclusively as a pumper, ladder truck, rescue vehicle,
23 searchlight truck, or other fire apparatus, but not a
24 vehicle of a type which would otherwise be subject to
25 registration as a vehicle of the first division;
26 (6) Any vehicle which is owned and operated by the
27 federal government and externally displays evidence of
28 federal ownership. It is the policy of the State of
29 Illinois to promote and encourage the fullest use of its
30 highways and to enhance the flow of commerce thus
31 contributing to the economic, agricultural, industrial
32 and social growth and development of this State, by
33 authorizing the Secretary of State to negotiate and enter
34 into reciprocal or proportional agreements or
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1 arrangements with other States, or to issue declarations
2 setting forth reciprocal exemptions, benefits and
3 privileges with respect to vehicles operated interstate
4 which are properly registered in this and other States,
5 assuring nevertheless proper registration of vehicles in
6 Illinois as may be required by this Code;
7 (7) Any converter dolly or tow dolly which merely
8 serves as substitute wheels for another legally licensed
9 vehicle. A title may be issued on a voluntary basis to a
10 tow dolly upon receipt of the manufacturer's certificate
11 of origin or the bill of sale;
12 (8) Any house trailer found to be an abandoned
13 mobile home under the Abandoned Mobile Home Act;
14 (9) Any vehicle that is not properly registered or
15 does not have registration plates issued to the owner or
16 operator affixed thereto, or that does have registration
17 plates issued to the owner or operator affixed thereto
18 but the plates are not appropriate for the weight of the
19 vehicle, provided that this exemption shall apply only
20 while the vehicle is being transported or operated by a
21 towing service and has a third tow plate affixed to it.
22 B. Reciprocity. Any motor vehicle, trailer, semitrailer
23 or pole trailer need not be registered under this Code
24 provided the same is operated interstate and in accordance
25 with the following provisions and any rules and regulations
26 promulgated pursuant thereto:
27 (1) A nonresident owner, except as otherwise
28 provided in this Section, owning any foreign registered
29 vehicle of a type otherwise subject to registration
30 hereunder, may operate or permit the operation of such
31 vehicle within this State in interstate commerce without
32 registering such vehicle in, or paying any fees to, this
33 State subject to the condition that such vehicle at all
34 times when operated in this State is operated pursuant to
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1 a reciprocity agreement, arrangement or declaration by
2 this State, and further subject to the condition that
3 such vehicle at all times when operated in this State is
4 duly registered in, and displays upon it, a valid
5 registration card and registration plate or plates issued
6 for such vehicle in the place of residence of such owner
7 and is issued and maintains in such vehicle a valid
8 Illinois reciprocity permit as required by the Secretary
9 of State, and provided like privileges are afforded to
10 residents of this State by the State of residence of such
11 owner.
12 Every nonresident including any foreign corporation
13 carrying on business within this State and owning and
14 regularly operating in such business any motor vehicle,
15 trailer or semitrailer within this State in intrastate
16 commerce, shall be required to register each such vehicle
17 and pay the same fees therefor as is required with
18 reference to like vehicles owned by residents of this
19 State.
20 (2) Any motor vehicle, trailer, semitrailer and
21 pole trailer operated interstate need not be registered
22 in this State, provided:
23 (a) same is properly registered in another
24 State pursuant to law or to a reciprocity agreement,
25 arrangement or declaration; or
26 (b) that such vehicle is part of a fleet of
27 vehicles owned or operated by the same person who
28 registers such fleet of vehicles pro rata among the
29 various States in which such fleet operates; or
30 (c) that such vehicle is part of a fleet of
31 vehicles, a portion of which are registered with the
32 Secretary of State of Illinois in accordance with an
33 agreement or arrangement concurred in by the
34 Secretary of State of Illinois based on one or more
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1 of the following factors: ratio of miles in Illinois
2 as against total miles in all jurisdictions; situs
3 or base of a vehicle, or where it is principally
4 garaged, or from whence it is principally dispatched
5 or where the movements of such vehicle usually
6 originate; situs of the residence of the owner or
7 operator thereof, or of his principal office or
8 offices, or of his places of business; the routes
9 traversed and whether regular or irregular routes
10 are traversed, and the jurisdictions traversed and
11 served; and such other factors as may be deemed
12 material by the Secretary and the motor vehicle
13 administrators of the other jurisdictions involved
14 in such apportionment; and
15 (d) that such vehicles shall maintain therein
16 any reciprocity permit which may be required by the
17 Secretary of State pursuant to rules and regulations
18 which the Secretary of State may promulgate in the
19 administration of this Code, in the public interest.
20 (3) (a) In order to effectuate the purposes of this
21 Code, the Secretary of State of Illinois is
22 empowered to negotiate and execute written
23 reciprocal agreements or arrangements with the duly
24 authorized representatives of other jurisdictions,
25 including States, districts, territories and
26 possessions of the United States, and foreign
27 states, provinces, or countries, granting to owners
28 or operators of vehicles duly registered or licensed
29 in such other jurisdictions and for which evidence
30 of compliance is supplied, benefits, privileges and
31 exemption from the payment, wholly or partially, of
32 any taxes, fees or other charges imposed with
33 respect to the ownership or operation of such
34 vehicles by the laws of this State except the tax
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1 imposed by the Motor Fuel Tax Law, approved March
2 25, 1929, as amended, and the tax imposed by the Use
3 Tax Act, approved July 14, 1955, as amended.
4 The Secretary of State may negotiate agreements
5 or arrangements as are in the best interests of this
6 State and the residents of this State pursuant to
7 the policies expressed in this Section taking into
8 consideration the reciprocal exemptions, benefits
9 and privileges available and accruing to residents
10 of this State and vehicles registered in this State.
11 (b) Such reciprocal agreements or arrangements
12 shall provide that vehicles duly registered or
13 licensed in this State when operated upon the
14 highways of such other jurisdictions, shall receive
15 exemptions, benefits and privileges of a similar
16 kind or to a similar degree as extended to vehicles
17 from such jurisdictions in this State.
18 (c) Such agreements or arrangements may also
19 authorize the apportionment of registration or
20 licensing of fleets of vehicles operated interstate,
21 based on any or all of the following factors: ratio
22 of miles in Illinois as against total miles in all
23 jurisdictions; situs or base of a vehicle, or where
24 it is principally garaged or from whence it is
25 principally dispatched or where the movements of
26 such vehicle usually originate; situs of the
27 residence of the owner or operator thereof, or of
28 his principal office or offices, or of his places of
29 business; the routes traversed and whether regular
30 or irregular routes are traversed, and the
31 jurisdictions traversed and served; and such other
32 factors as may be deemed material by the Secretary
33 and the motor vehicle administrators of the other
34 jurisdictions involved in such apportionment, and
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1 such vehicles shall likewise be entitled to
2 reciprocal exemptions, benefits and privileges.
3 (d) Such agreements or arrangements shall also
4 provide that vehicles being operated in intrastate
5 commerce in Illinois shall comply with the
6 registration and licensing laws of this State,
7 except that vehicles which are part of an
8 apportioned fleet may conduct an intrastate
9 operation incidental to their interstate operations.
10 Any motor vehicle properly registered and qualified
11 under any reciprocal agreement or arrangement under
12 this Code and not having a situs or base within
13 Illinois may complete the inbound movement of a
14 trailer or semitrailer to an Illinois destination
15 that was brought into Illinois by a motor vehicle
16 also properly registered and qualified under this
17 Code and not having a situs or base within Illinois,
18 or may complete an outbound movement of a trailer or
19 semitrailer to an out-of-state destination that was
20 originated in Illinois by a motor vehicle also
21 properly registered and qualified under this Code
22 and not having a situs or base in Illinois, only if
23 the operator thereof did not break bulk of the cargo
24 laden in such inbound or outbound trailer or
25 semitrailer. Adding or unloading intrastate cargo on
26 such inbound or outbound trailer or semitrailer
27 shall be deemed as breaking bulk.
28 (e) Such agreements or arrangements may also
29 provide for the determination of the proper State in
30 which leased vehicles shall be registered based on
31 the factors set out in subsection (c) above and for
32 apportionment of registration of fleets of leased
33 vehicles by the lessee or by the lessor who leases
34 such vehicles to persons who are not fleet
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1 operators.
2 (f) Such agreements or arrangements may also
3 include reciprocal exemptions, benefits or
4 privileges accruing under The Illinois Driver
5 Licensing Law or The Driver License Compact.
6 (4) The Secretary of State is further authorized to
7 examine the laws and requirements of other jurisdictions,
8 and, in the absence of a written agreement or
9 arrangement, to issue a written declaration of the extent
10 and nature of the exemptions, benefits and privileges
11 accorded to vehicles of this State by such other
12 jurisdictions, and the extent and nature of reciprocal
13 exemptions, benefits and privileges thereby accorded by
14 this State to the vehicles of such other jurisdictions.
15 A declaration by the Secretary of State may include any,
16 part or all reciprocal exemptions, benefits and
17 privileges or provisions as may be included within an
18 agreement or arrangement.
19 (5) All agreements, arrangements, declarations and
20 amendments thereto, shall be in writing and become
21 effective when signed by the Secretary of State, and
22 copies of all such documents shall be available to the
23 public upon request.
24 (6) The Secretary of State is further authorized to
25 require the display by foreign registered trucks,
26 truck-tractors and buses, entitled to reciprocal
27 benefits, exemptions or privileges hereunder, a
28 reciprocity permit for external display before any such
29 reciprocal benefits, exemptions or privileges are
30 granted. The Secretary of State shall provide suitable
31 application forms for such permit and shall promulgate
32 and publish reasonable rules and regulations for the
33 administration and enforcement of the provisions of this
34 Code including a provision for revocation of such permit
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1 as to any vehicle operated wilfully in violation of the
2 terms of any reciprocal agreement, arrangement or
3 declaration or in violation of the Illinois Motor Carrier
4 of Property Law, as amended.
5 (7) (a) Upon the suspension, revocation or denial
6 of one or more of all reciprocal benefits,
7 privileges and exemptions existing pursuant to the
8 terms and provisions of this Code or by virtue of a
9 reciprocal agreement or arrangement or declaration
10 thereunder; or, upon the suspension, revocation or
11 denial of a reciprocity permit; or, upon any action
12 or inaction of the Secretary in the administration
13 and enforcement of the provisions of this Code, any
14 person, resident or nonresident, so aggrieved, may
15 serve upon the Secretary, a petition in writing and
16 under oath, setting forth the grievance of the
17 petitioner, the grounds and basis for the relief
18 sought, and all necessary facts and particulars, and
19 request an administrative hearing thereon. Within
20 20 days, the Secretary shall set a hearing date as
21 early as practical. The Secretary may, in his
22 discretion, supply forms for such a petition. The
23 Secretary may require the payment of a fee of not
24 more than $50 for the filing of any petition,
25 motion, or request for hearing conducted pursuant to
26 this Section. These fees shall be used to fund the
27 operation of the hearings department of the Office
28 of the Secretary of State. The Secretary shall
29 establish by rule the amount and the procedures,
30 terms, and conditions relating to these fees.
31 (b) The Secretary may likewise, in his
32 discretion and upon his own petition, order a
33 hearing, when in his best judgment, any person is
34 not entitled to the reciprocal benefits, privileges
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1 and exemptions existing pursuant to the terms and
2 provisions of this Code or under a reciprocal
3 agreement or arrangement or declaration thereunder
4 or that a vehicle owned or operated by such person
5 is improperly registered or licensed, or that an
6 Illinois resident has improperly registered or
7 licensed a vehicle in another jurisdiction for the
8 purposes of violating or avoiding the registration
9 laws of this State.
10 (c) The Secretary shall notify a petitioner or
11 any other person involved of such a hearing, by
12 giving at least 10 days notice, in writing, by U.S.
13 Mail, Registered or Certified, or by personal
14 service, at the last known address of such
15 petitioner or person, specifying the time and place
16 of such hearing. Such hearing shall be held before
17 the Secretary, or any person as he may designate,
18 and unless the parties mutually agree to some other
19 county in Illinois, the hearing shall be held in the
20 County of Sangamon or the County of Cook.
21 Appropriate records of the hearing shall be kept,
22 and the Secretary shall issue or cause to be issued,
23 his decision on the case, within 30 days after the
24 close of such hearing or within 30 days after
25 receipt of the transcript thereof, and a copy shall
26 likewise be served or mailed to the petitioner or
27 person involved.
28 (d) The actions or inactions or
29 determinations, or findings and decisions upon an
30 administrative hearing, of the Secretary, shall be
31 subject to judicial review in the Circuit Court of
32 the County of Sangamon or the County of Cook, and
33 the provisions of the Administrative Review Law, and
34 all amendments and modifications thereof and rules
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1 adopted pursuant thereto, apply to and govern all
2 such reviewable matters.
3 Any reciprocal agreements or arrangements
4 entered into by the Secretary of State or any
5 declarations issued by the Secretary of State
6 pursuant to any law in effect prior to the effective
7 date of this Code are not hereby abrogated, and such
8 shall continue in force and effect until amended
9 pursuant to the provisions of this Code or expire
10 pursuant to the terms or provisions thereof.
11 (Source: P.A. 89-433, eff. 12-15-95; 90-89, eff. 1-1-98.)