TITLE 92: TRANSPORTATION
CHAPTER II: SECRETARY OF STATE
PART 1010
CERTIFICATES OF TITLE, REGISTRATION OF VEHICLES
SECTION 1010.20 SECRETARY AND DEPARTMENT
Section 1010.20 Secretary
and Department
a) For purposes of this Part, "Secretary" shall refer
to the Illinois Secretary of State.
b) For purposes of this Part, "Department" shall refer
to the Department of Vehicle Services within the Office of the Secretary of
State.
(Source: Added at 13 Ill. Reg. 5173, effective April 1, 1989)
SUBPART B: TITLES
ADMINISTRATIVE CODE TITLE 92: TRANSPORTATION
CHAPTER II: SECRETARY OF STATE
PART 1010 CERTIFICATES OF TITLE, REGISTRATION OF VEHICLES
SECTION 1010.100 ELECTRONIC LIEN AND TITLE (ELT) PROGRAM PROVISIONS
Section 1010.100 Electronic Lien and Title (ELT) Program
Provisions
a) For
purposes of this Section, the following definitions shall apply:
1) "Contractor"
means a person who, pursuant to this Section, enters into a contract with the Secretary
of State to establish, implement, and operate the electronic lien and title
system.
2) "Electronic
Lien and Title System" or "ELT" means a system to process the
perfection, assignment, notification, and release of security interests through
electronic file transfers that is established and implemented pursuant to this
Section.
3) "ELT
Service Provider" means a person or entity who provides lienholders with
software to manage electronic lien and title data.
4) "Lienholder"
means a person or entity holding a security interest in a vehicle
that is normally engaged in the business or practice of financing vehicles. For
purposes of this Section, a person not normally engaged in the business or
practice of financing vehicles is one who issues less than five vehicle liens
per year. [625 ILCS 5/1-139]
b) The
Secretary of State shall establish a program for an electronic lien and title
system (ELT) that will permit a lienholder to perfect,
assign, and release a lien in lieu of the issuance and maintenance of paper
documents otherwise required by law as authorized under Section 3-100.1 of the
IVC. This program shall not be used to process any lien or title held for a
manufactured home.
c) The
Secretary shall enter into one or more contracts to establish, implement, and
operate the ELT system authorized under this Section. Any contract entered into
pursuant to this Section will not require the Secretary to pay any amount to a
contractor unless otherwise provided in this Section. Contractors are
prohibited from using information concerning vehicle titles for marketing or
solicitation purposes and must protect proprietary information contained in the
ELT system. A contractor shall not serve as both a contractor and an ELT
service provider concurrently.
d) The
ELT must allow ELT service providers to participate in the system in accordance
with the contract established under this Section. A lienholder may participate
in the system through any ELT service provider.
e) ELT
service providers shall be required to collect fees from lienholders and their
agents for the implementation and administration of the ELT system in
accordance with the contract established under this Section. The fee collected
by the contractor under this subsection (e) shall be no more than $2.25 per
lien transaction. Each ELT service provider may charge an additional fee
pursuant to the contract between the contractor and the ELT service provider. The
amount of the fee collected by an ELT service provider and paid to a contractor
for the establishment and maintenance of the electronic lien and title system
shall not be passed on to the consumer.
f) The
contractor must acknowledge that:
1) the
contractor is required to enter into agreements to exchange electronic lien
data with all ELT service providers who offer electronic lien and title
services to lienholders doing business in the State of Illinois and who meet
the technical standards of the contractor and request to enter into such an
agreement with the contractor;
2) the
ELT service provider has been approved by the Secretary for participation in
the electronic lien and title system pursuant to this Section; and
3) the
ELT service provider elects to use the contractor for access to the electronic
lien and title system. An ELT service provider must not be required to provide
confidential or proprietary information to any other ELT service provider.
g) An
ELT service provider shall be considered approved and eligible for
participation in the ELT Program so long as the ELT service provider:
1) is
registered, in good standing, and authorized to conduct business in the State
of Illinois;
2) is in
compliance with all applicable laws, regulations, and rules regarding their
business operations in Illinois, certificates of title, security interests, and
the ELT Program; and
3) has
entered into a contract with the contractor.
h) The
Secretary may deny, suspend, or terminate approved ELT service providers or
lienholders from participation in the ELT if any of the following conditions
exist:
1) Misuse
of vehicle, title, or owner information.
2) Noncompliance
with any security requirements specified by the Secretary of State.
3) Failure
to provide requested information or records for the purposes of an audit by the
Secretary in accordance with subsection (m).
4) Failure
to follow approved procedures for submission of ELT transactions in accordance
with the contract established under this Section.
5) Noncompliance
with this Section, any agreement entered into pursuant to this Section, or any
applicable laws, rules, and regulations regarding certificates of title,
security interests, and the ELT Program.
6) Failure
to process transactions in accordance with Secretary of State procedures.
7) Failure
to be licensed or registered and in good standing in the State of Illinois as a
business or as a financial institution with the appropriate regulatory agency.
i) Any
requirement that a lien or other information appear on a certificate of title
is satisfied by the inclusion of that information in an electronic file
maintained in an ELT system created under this Section. The satisfaction of a
lien shall be electronically transmitted to the Secretary of State. Upon
transmission of the satisfaction of a lien, the Secretary shall print and mail
a paper certificate of title to the owner or lienholder in accordance with
Section 3-100.2(e) of the IVC. A lien release that is not submitted
electronically through the ELT System cannot be used to release an electronic
lien. A certificate of title is not required to be issued until the lien is
satisfied or the certificate of title otherwise meets the requirements of any
legal proceeding or other provision of law. If a vehicle is subject to an
electronic lien, the certificate of title shall be deemed to be physically held
by the lienholder for the purposes of State or federal law concerning odometer
readings and disclosures.
j) A vehicle
owner or lienholder may request an update of information in an electronic file
maintained in the electronic lien and title system without creating a new title
record, unless such update involves correcting the named vehicle owner,
changing the lienholder, or changing other pertinent information, including
changing the vehicle identification number.
k) A
lien shall be removed from the ELT system and the Secretary of State may issue
the certificate of title regardless of the satisfaction of the lien being
electronically transmitted to the Secretary of State when the Secretary of
State determines that:
1) the
lien is more than seven years old;
2) the
vehicle is more than 10 years old; and
3) the
lienholder is out of business according to Secretary of State records or other
actions undertaken by the Secretary of State to verify the status of the
lienholder.
l) A
certified copy of the Secretary's electronic record of a lien is admissible in
any civil, criminal, or administrative proceeding in this State as evidence of
the existence of the lien. If a certificate of title is maintained
electronically in the ELT system, a certified copy of the Secretary's
electronic record of the certificate of title is admissible in any civil,
criminal, or administrative proceeding in this State as evidence of the
existence and contents of the certificate of title. (See Section 3-100.1(e) of
the IVC.)
m) Audit.
In addition to audit authority set forth in Section 2-124 of the IVC, the
Secretary may audit the books and records of ELT service providers or
lienholders to ensure compliance with local, State, and federal laws,
regulations, and this Section.
n) No
later than July 1, 2026, lienholder participation in the ELT Program is
mandatory.
(Source: Amended at 49 Ill. Reg. 10033,
effective July 15, 2025)
|
 | TITLE 92: TRANSPORTATION
CHAPTER II: SECRETARY OF STATE
PART 1010
CERTIFICATES OF TITLE, REGISTRATION OF VEHICLES
SECTION 1010.110 SALVAGE CERTIFICATE ADDITIONAL INFORMATION REQUIRED TO ACCOMPANY APPLICATION FOR A CERTIFICATE OF TITLE FOR A REBUILT OR A RESTORED VEHICLE UPON SURRENDERING SALVAGE CERTIFICATE
Section 1010.110 Salvage
Certificate – Additional Information Required to Accompany Application for a
Certificate of Title for a Rebuilt or a Restored Vehicle Upon Surrendering
Salvage Certificate
a) In addition to the Application for a Certificate of Title for
a rebuilt or restored vehicle accompanied by the surrendered salvage
certificate and submitted to the Secretary of State and prescribed in Section
3-115(d) of the Illinois Vehicle Code (IVC), the Secretary pursuant to Section
3-104(e) of that statute is authorized to require additional information from
applicants for certificate of title for a rebuilt or a restored vehicle.
b) Applicants for certificates of title for a rebuilt or restored
vehicle accompanied by a surrendered salvage certificate, shall be required to
submit the following additional information in support of such application:
1) A certificate of changed or not changed component parts on the
subject vehicle having been rebuilt or restored.
2) A certificate that the Illinois Vehicle Equipment Law (Chapter
12) of the Illinois Vehicle Code [625 ILCS 5/Ch. 12] has been complied with on
the subject vehicle that has been rebuilt or restored.
c) The
Affirmation Supporting Salvage Certificate shall be made in the form of an affirmation
supporting the application for certificate of title for a rebuilt or restored
vehicle accompanied by the surrendered salvage certificate. The Affirmation can
be found in Appendix C and at the Secretary of State website, specifically at
the following link: http://www.cyberdriveillinois.com/publications/pdf_publications/rt1113.pdf.
d) The standardized document entitled Application for Certificate
of Title accompanied by the surrendered salvage certificate as well as a
standardized document entitled Affirmation Supporting Salvage Certificate shall
be available on request from the Office of the Secretary of State and no other
documents shall be deemed a valid Application for a Certificate of Title for a
Rebuilt or Restored Vehicle.
(Source: Amended at 32 Ill.
Reg. 17253, effective October 15, 2008)
| TITLE 92: TRANSPORTATION
CHAPTER II: SECRETARY OF STATE
PART 1010
CERTIFICATES OF TITLE, REGISTRATION OF VEHICLES
SECTION 1010.120 SALVAGE CERTIFICATE ASSIGNMENTS AND REASSIGNMENTS
Section 1010.120 Salvage
Certificate – Assignments and Reassignments
In order to implement and
clarify the provisions of Section 3-118 as to the number of assignments and
reassignments of Salvage Certificates permitted by the Illinois Vehicle Code,
the following information shall serve as a guide to the Secretary of State in
making such determination:
a) A salvage certificate may be assigned to any dealer licensed as
a Rebuilder, Automotive Parts Recycler, Scrap Processor or an out-of-state
Salvage Vehicle Buyer under the Illinois Vehicle Code. Only one reassignment
of that certificate is permissible and that reassignment shall be only to a
dealer licensed under the Illinois Vehicle Code.
b) A transfer or assignment to an individual other than a
licensed dealer under the Illinois Vehicle Code must be by means of a certificate
of title which is in the name of the licensed dealer.
(Source: Amended at 32 Ill.
Reg. 17253, effective October 15, 2008)
ADMINISTRATIVE CODE TITLE 92: TRANSPORTATION
CHAPTER II: SECRETARY OF STATE
PART 1010 CERTIFICATES OF TITLE, REGISTRATION OF VEHICLES
SECTION 1010.130 EXCLUSIVENESS OF LIEN ON CERTIFICATE OF TITLE AND REMOVAL OF LIEN
Section 1010.130
Exclusiveness of Lien on Certificate of Title and Removal of Lien
a) Liens and security interests in any vehicle for which an
Illinois certificate of title has been issued, may only be perfected as
provided for in the IVC, and any other interests whether sought to be perfected
by recording or under the provisions of the Uniform Commercial Code [815 ILCS
5], as amended, shall not supersede the notation of a lien on a certificate of title
nor serve as a valid lien or security interest if no lien is noted on such certificate
of title.
b) A
lien recorded on a certificate of title may be removed from a title record and
the certificate of title may be issued to either the vehicle owner or a
secondary lienholder listed on a title without notice of the lien release being
provided to the Secretary when the Secretary determines that:
1) the lien is more than seven
years old;
2) the vehicle is more
than 10 years old; and
3) the
lienholder is out of business according to Secretary of State records or other
actions undertaken by the Secretary of State to verify the status of the
lienholder.
c) In
accordance with IVC Sections 3-104 and 3-116, all applicable forms must be
completed and fees paid in order to complete the transaction specified under
subsection (b).
d) The procedure authorized in subsection (b) shall
not be used to process the removal of any lien held for a manufactured home.
(Source: Amended at 49 Ill. Reg. 10033, effective July 15, 2025)
|
| TITLE 92: TRANSPORTATION
CHAPTER II: SECRETARY OF STATE
PART 1010
CERTIFICATES OF TITLE, REGISTRATION OF VEHICLES
SECTION 1010.140 DOCUMENTS REQUIRED TO TITLE AND REGISTER IMPORTED VEHICLES NOT MANUFACTURED IN CONFORMITY WITH FEDERAL EMISSION OR SAFETY STANDARDS
Section 1010.140 Documents
Required to Title and Register Imported Vehicles Not Manufactured in Conformity
with Federal Emission or Safety Standards
a) Definitions
"Customs" means the United States Customs Service
within the United States Department of the Treasury.
Customs Form 301, entitled "Customs Bond," means a
document completed by the importer to insure that the vehicle will be modified
to achieve compliance with applicable emission and safety standards. Customs
will not release this bond until it receives approval letters from both DOT and
EPA.
Customs Form 4333A, entitled "Notice of
Liquidation," means a form used by Customs to notify the importer of record
that the vehicle has been approved for importation into the United States.
"Customs Regulations" means regulations promulgated
by the United States Customs Service as set forth in 19 CFR 12.73 and 12.80
(1985).
"Dealers" means persons or organizations licensed
under Section 5-101 or 5-102 of the Illinois Vehicle Code (Ill. Rev. Stat.
1983, ch. 95½, pars. 5-101 and 5-102) and regulated by 92 Ill. Adm. Code 1020,
to sell new and/or used vehicles in Illinois.
"DOT" means the U.S. Department of Transportation.
"DOT Compliance Letter" means a letter written by
the DOT to Customs which released the DOT's claim on the bond on the imported
vehicle. The "DOT Compliance Letter" acknowledges receipt, from the
importer, of a statement of compliance which meets the requirements of 19 CFR
12.80(e)(1985). The "DOT Compliance Letter" does not mean that the
vehicle conforms with all applicable Federal Motor Vehicle Safety Standards.
In this letter the DOT reserves the right to perform a compliance inspection to
verify the information contained in the importer's statement of compliance.
DOT Form HS-7, entitled "Importation of Motor Vehicles
and Motor Vehicle Equipment Subject to Federal Motor Vehicle Safety
Standards," means a declaration by the importer that the vehicle is being
imported under the provisions of 19 CFR 12.80 (1985). The importer or the
importer's agent indicates whether the vehicle conforms, does not conform, or
is exempt from federal safety standards.
"Entry Forms" means Customs Form 7501, entitled
either "Entry Summary" or "Informal Entry." Entry forms
are signed by the importer or the importer's agent and transmitted to Customs.
Entry forms indicate whether the imported vehicles conform to, or are exempt
from, federal emission and safety standards. The "Entry Summary"
form is used when the vehicle is admitted under bond.
"EPA" means the U.S. Environmental Protection
Agency.
"EPA Approval Letter" means a letter from the EPA
to Customs which releases the EPA's claim on the bond on the imported vehicle.
Attached to the EPA Approval Letter" is the EPA "Motor Vehicle
Emission Test Report Form" which indicates that the vehicle has been
tested and has been determined to be in compliance with federal emission
standards.
"EPA Exemption Letter" means a letter written by
the EPA to Customs which releases the EPA's obligation on the bond on the
imported vehicle. The "EPA Exemption Letter" also advises the
importer that according to federal law the vehicle is not required to comply
with federal emission standards or that the importer paid a penalty assessed by
customs because the vehicle failed to conform to federal emission standards.
EPA Form 3520-1, entitled "Importation of Motor Vehicles
and Motor Vehicle Engines Subject to Federal Air Pollution Control
Regulations," means a declaration by the importer that the vehicle
complies with applicable emission standards, is exempt from such standards, or
is being admitted under bond.
"Emissions Standards" means standards prescribed by
the EPA pursuant to the Clean Air Act. (42 U.S.C. 7401 et seq. (1982)), as set
forth in 40 CFR 85 (1984).
"Final Admission" means the vehicle has been approved
for importation by Customs. For formal entries, final admission occurs after
EPA and DOT have approved the importation and have notified Customs
accordingly. Customs notifies the importer that the vehicle has been finally
admitted by sending Customs Form 433A, the Notice of Liquidation.
"Foreign Documents of Ownership" means documents
issued by foreign countries indicating that the bearer or the person or
organization named in the document is the owner of the vehicle. Examples of
these documents are listed for illustration purposes at subsection (c)(2).
Importer" means the party of record listed on Customs
Form 301. The "importer does not necessarily mean the consumer who
purchased the vehicle. The importer of record may be the broker who handles
the importation for the consumer.
"International Registration Document" means an
ownership document. This document does not indicate whether the vehicle
complies with U.S. emission and safety standards.
"Manufacturer's Certificate of Origin (MCO)" means
an ownership document. The MCO normally is issued by the manufacturer to
vehicles manufactured for export to the United States. The MCO is issued to
vehicles which meet U.S. emission and safety standards.
"Model Year" indicates the year the vehicle was
manufactured. Vehicles will be designated with a particular model year pursuant
to subsection (d)(5).
"Safety Standards" means standards prescribed by
DOT pursuant to the National Traffic and Motor Vehicle Safety Act of 1966, as
amended, (15 U.S.D. 1392, 1407 (1982)), as set forth in 49 CFR 571 (1984).
"VIN" means vehicle identification number.
b) Statement of Policy
1) Federal law prohibits a conditionally admitted motor vehicle
from being operated on the public highways or sold until the motor vehicle has
been finally admitted into the United States. Failure to comply constitutes a
violation of Section 203(a)(1) of the Clean Air Act (42 U.S.C.
7523(a)(1)(1982)). (See 40 CFR 85.1507(1984)). Individual states are
preempted from enforcing emission standards covered by the Clean Air Act. (42
U.S.C. 7543(a)(1982)). Similarly, vehicles are refused admission for failure to
conform to safety standards pursuant to the National Traffic and Motor Vehicle
Safety Act (15 U.S.C. 1397(b)(3)(1982)). These citations are provided for
reference purposes and do not denote an incorporation by reference.
2) The Secretary's rules which follow do not represent an attempt
by the State of Illinois to enforce either the Clean Air Act or the National
Traffic and Motor Vehicle Safety Act. However, many form letters used by the
federal agencies fail to identify the imported vehicle by VIN. Therefore,
certain documents are required by the Secretary simply to ascertain that the
vehicle for which title and registration is sought is the same vehicle admitted
into the United States by Customs.
c) Documents Required to be Submitted to the Secretary of State
Prior to Receiving Illinois Title and Registration
1) Federal Forms Required
A) Customs Form 7501, entitled "Entry Summary" or
"Informal Entry;" and
B) EPA Form 3520-1 ("Importation of Motor Vehicles and Motor
Vehicle Engines Subject to Federal Air Pollution Control Regulations") or
EPA's "Motor Vehicles Emission Test Report Form"; and
C) Either an EPA approval letter or an EPA exemption letter; and
D) DOT compliance letter (stating vehicle is in compliance with 19
CFR 12.80(e)(1985)).
2) Foreign Documents of Ownership
A) A foreign document of ownership is required. This document
must be in English or accompanied by an English translation. The titles of the
documents issued by various countries are provided as examples:
|
Country
|
Document
|
|
Austria
|
TYPENSCHEIN or the
EINZELGENEHMIGUNG
|
|
Belgium
|
CERTIFICAT D'IMMATRICULATION
|
|
France
|
CARTE GRISE
|
|
Italy
|
FOGLIO COMPLEMENTARE or the
AUTOMOBILE CLUB D'ITALIA referred to as the 10/4A Form
|
|
Netherlands
|
KENTEKENBEWIJS
|
|
Switzerland
|
FAHRZEUGAUSWEIS
|
|
United Kingdom
|
Vehicle Registration Document
|
|
West Germany
|
FAHRZEUGBRIEF or International
Registration document
|
B) Alternatively, a Manufacturer's Certificate of Origin (MCO)
will be accepted from any country. This document must be in English or
accompanied by an English translation.
3) Bill of Sale
A bill of sale is required if the seller is not a U.S.
citizen and the sale occurred in a foreign county. This document must be in
English or accompanied by an English translation.
d) Miscellaneous
1) First and subsequent Illinois buyers
A) The first Illinois resident who purchases an imported vehicle
not manufactured in conformity with federal emission and safety standards must
obtain a title for the vehicle in Illinois. The requirement of this subsection
applies to persons and organizations licensed as vehicle dealers as well as to
persons and organizations not licensed as vehicle dealers.
B) To apply for registration, subsequent Illinois buyers shall
present the existing certificate of title issued by any U.S. state. The
existing certificate must be endorsed or assigned to the registration applicant
and must be accompanied by the application form provided by the Secretary of
State and registration and title fees. Subsequent Illinois buyers shall not be
required to furnish the documents listed in subsection (c) to obtain an
Illinois title and registration.
2) If the Illinois resident applying for title and registration
either never received or has lost the federal forms listed under subsection
(c)(1), he or she must obtain a copy of the missing forms from the appropriate
federal agency before the title and registration application will be processed
by the Secretary of State. The Secretary will furnish the applicant with the
federal agencies' addresses and telephone numbers.
3) For insurance purposes, the Secretary will issue a salvage
certificate to a vehicle not manufactured in conformity with federal emission
and safety standards despite the fact that the vehicle has not been admitted by
Customs. The statutory language quoted below may be found at Ill. Rev. Stat.
1984 Supp., ch. 95½, par. 3-117.1(b)(1).
A) When an insurance company makes a payment of damages on a
total loss claim for a vehicle, the insurance company shall be deemed to be the
owner of such vehicle and the vehicle shall be considered to be salvage.
B) The vehicle owner shall submit an affidavit to the Secretary of
State attesting that the vehicle was a total loss or was stolen before
admission into the U.S. and before an Illinois Certificate of Title could be
issued. The vehicle owner shall provide the Secretary with the name and address
of his or her insurance company, the foreign documents of ownership and bill of
sale, and shall identify the vehicle by manufacturer and VIN.
C) The salvage certificate shall be issued in the name of the
insurance company.
D) An insurer making payment of damages on a total loss claim
for the theft of a vehicle may exchange the salvage certificate for a
certificate of title if the vehicle is recovered without damage, upon
admission into the U.S. by Customs. The documents listed in subsection (c)(1)
shall be submitted to the Secretary by the insurance company.
4) Any foreign-made vehicle manufactured between October 1 and
December 31 of a particular calendar year will be identified with a model year
based on the calendar year for the following January on the certificate of
title if not identified by a different model year on the document of ownership.
If the documents of ownership indicate a specified model year, that designation
will be used on the certificate of title.
5) When the vehicle has been informally admitted by Customs, the
vehicle either meets or is exempt from federal emission and safety standards.
The importer or the importer's agent declares on DOT forms HS-7, EPA form
3520-1, and Customs' informal entry form that the vehicle either conforms to,
or is exempt from, federal emission and safety standards. That the vehicle
either conforms or is exempt must be indicated on all three forms. In this
situation, the registration and title applicant shall supply these three forms,
but need not submit the approval or compliance letters listed at subsections
(c)(1)(C) and (c)(1)(D). The informal entry form must bear Customs' official
entry file number. If the vehicle neither conforms nor is exempt from federal
standards, the EPA and DOT approval letters must be supplied.
6) If the importer paid a penalty assessed by Customs to import a
nonconforming vehicle, the title and registration applicant must provide a copy
of the penalty letter and a copy of the receipt from Customs showing payment.
The penalty letter and receipt shall provide proof that the title and
registration applicant paid the assessed penalty and shall be accepted in lieu
of the compliance or exemption letters.
(Source: Added at 10 Ill. Reg. 1243, effective January 6, 1986)
| TITLE 92: TRANSPORTATION
CHAPTER II: SECRETARY OF STATE
PART 1010
CERTIFICATES OF TITLE, REGISTRATION OF VEHICLES
SECTION 1010.150 TRANSFERRING CERTIFICATES OF TITLE UPON THE OWNER'S DEATH
Section 1010.150
Transferring Certificates of Title Upon the Owner's Death
a) This Section sets forth the required documentation to be
submitted to the Vehicle Services Department within the Office of the Secretary
of State to transfer decedents' certificates of title to vehicles. Upon the
death of a vehicle owner, the procedure for transferring the vehicle title
depends on whether the title was held individually by the decedent or held in
joint tenancy. If the title was in the decedent's name only, the procedure
depends on whether the decedent's estate is being probated. If the title was held
jointly by the decedent and another person, the procedures in subsection (c)
apply.
b) Original Title in Decedent's Name Only
One of the following three procedures shall be used to
transfer the decedent's title to an heir, legatee or any third party.
1) Probate
If the decedent's estate is probated, the Secretary of State
requires the following documents to transfer the decedent's certificate of
title.
A) A certified copy of the letters of administration, letters
testamentary, or letters of guardianship naming the legal representative of the
decedent's estate.
B) The decedent's title must be surrendered, and it must be
assigned by the legal representative of the estate to the transferee.
C) An application for title must be completed and signed by the
transferee.
D) The applicant must submit the required $3 title fee, any
applicable registration fees, and proof of compliance with, or exemption from,
the Vehicle Use Tax (see 86 Ill. Adm. Code 151).
2) Small Estates Affidavit
A Small Estates Affidavit can be used to transfer the
decedent's certificate of title if the conditions of Section 25-1 of the
Probate Act of 1975 [755 ILCS 5] are satisfied, the estate was not probated,
and the following documents are submitted to the Secretary of State.
A) A Small Estates Affidavit describing the vehicle by model year,
make, and vehicle identification number. If the vehicle owner dies on or after
September 16, 1985, a copy of the death certificate must be attached.
B) A certified copy of the will if the vehicle owner died testate.
C) The decedent's title must be surrendered.
D) An application for title must be completed and signed by the
transferee.
E) The applicant must submit the required $3 title fee, any
applicable registration fees, and proof of compliance with, or exemption from,
the Vehicle Use Tax.
3) Attorney's Affidavit
The Attorney's Affidavit can be used to transfer the
decedent's certificate of title if the following documents are submitted.
A) Attorney's Affidavit on the attorney's letterhead stationery,
stating:
i) The name and last address of the decedent.
ii) The model year, make and vehicle identification number of the
vehicle.
iii) To whom the vehicle is being transferred and the relationship
between the transferee and the decedent, if any.
B) A copy of the death certificate.
C) The decedent's title must be surrendered.
D) An application for title must be completed and signed by the
transferee.
E) The applicant must submit the required $3 title fee, any
applicable registration fees, and proof of compliance with, or exemption from,
the Vehicle Use Tax.
c) Original Title Held Jointly in Decedent's and Surviving Joint
Tenant's Names
1) If the title applicant is the surviving joint tenant, the
following documents are required to correct the title.
A) A copy of the death certificate.
B) The original title must be surrendered but need not be
assigned.
C) An application for a corrected title to remove the decedent's
name from the original title.
D) If the applicant plans to operate the vehicle, the applicant
must submit an application to correct the registration. A current registration
shall be assigned to the surviving joint tenant.
E) The applicant must submit the required $3 title fee and, if
applicable, the $2 corrected registration fee.
2) If the surviving joint tenant chooses to transfer the vehicle
to a third party, the following documents are required to transfer title.
A) A copy of the death certificate.
B) The original title must be assigned by the surviving tenant to
the transferee.
C) An application for title must be completed and signed by the
transferee.
D) The applicant must submit the required $3 title fee and show
proof of compliance with, or exemption from, the Vehicle Use Tax.
E) If the transferee intends to operate the vehicle upon the
public highways, the transferee must pay the applicable registration fees. The
application for title will serve as an application for registration.
d) Miscellaneous
1) If the original title is lost, an affidavit explaining that
the title cannot be located must be submitted by the transferor.
2) Surviving joint tenants and surviving spouses need not pay
vehicle registration fees until the current registration expires. If the
surviving spouse is not listed as a joint tenant on the decedent's title, a
copy of the death certificate is required to show the marital relationship.
3) Title and registration fees may be combined in one check,
electronic payment or money order made payable to the Secretary of State.
Applicable title, registration and transfer fees are set forth in IVC Chapter 3
[625 ILCS 5].
4) Transferees who do not operate the vehicle upon the public
highways need not apply for registration at the time of acquisition. (See 92
Ill. Adm. Code 1010.510.)
5) Proof of compliance with the Vehicle Use Tax shall consist of
the Illinois Department of Revenue form RUT 50, or such other form used by that
agency.
(Source: Amended at 42 Ill. Reg. 212, effective December 19, 2017)
| TITLE 92: TRANSPORTATION
CHAPTER II: SECRETARY OF STATE
PART 1010
CERTIFICATES OF TITLE, REGISTRATION OF VEHICLES
SECTION 1010.160 REPOSSESSION OF VEHICLES BY LIENHOLDERS AND CREDITORS
Section 1010.160
Repossession of Vehicles by Lienholders and Creditors
a) Pursuant to Section 3-114 of the IVC [625 ILCS 5], the
Secretary of State established these procedures to be followed by a lienholder
to allow the lienholder to obtain a certificate of title for a repossessed
vehicle for which the lienholder does not have an assignment of title by the
owner.
b) Procedures
1) The lienholder (creditor) shall forward the following forms to
the owner (debtor) of the lienholder's vehicle at the last known address. The
lienholder shall deliver or mail these forms.
A) "Notice of Redemption", which shall include:
i) the name of the owner of record and, in bold type at or near
the top of the notice, a statement that the owner's vehicle was repossessed on
a specified date for failure to make payments on the loan (or other reason);
ii) a description of the vehicle subject to the lien sufficient
to identify it, i.e., year, make, model, and vehicle identification number;
iii) the right of the owner to redeem the vehicle;
iv) the lienholder's intent to sell or otherwise dispose of the
vehicle after the expiration of 21 days from the date of mailing or delivery of
the notice; and
v) the name, address, and telephone number of the lienholder from
whom information may be obtained concerning the amount due to redeem the
vehicle and from whom the vehicle may be redeemed under Section 9-506 of the
Uniform Commercial Code [810 ILCS 5].
B) "Affidavit of Defense to the Creditor" (required only
for the repossession of a vehicle used primarily for personal, family, or
household purposes) that shall include:
i) the name of the lienholder, the name of the owner, and
vehicle identification information, i.e., year, make, model, and vehicle
identification number;
ii) space for the owner to state the defense claimed by the
owner;
iii) an acknowledgement by the owner that the owner may be liable
to the lienholder for fees, charges, and costs incurred by the lienholder in
establishing the insufficiency or invalidity of the owner's defense; and
iv) notification that the "Affidavit of Defense to the
Creditor" must be received by the lienholder no later than 21 days after
the date of mailing or delivery of the "Notice of Redemption" in
order to stop the transfer of title.
2) The debtor shall be allowed 21 days from the date of mailing
of the "Notice of Redemption" to make restitution or to arrange a
private settlement with the lienholder.
3) If the creditor obtains any "Affidavit of Defense to the
Creditor," the creditor must apply to a court of competent jurisdiction to
have the matter resolved. The Office of the Secretary of State shall not
determine the merits of any debtor's "Affidavit of Defense to the
Creditor."
4) If within 21 days from the date of the mailing of the
"Notice of Redemption" the debtor neither submitted an
"Affidavit of Defense to the Creditor" nor made restitution or any
other agreement with the creditor, the creditor may apply for an Illinois certificate
of title or assign the title to a third party purchaser to apply for title. The
creditor or purchaser must submit the following documents:
A) An "Affidavit of Repossession"
i) providing the following information:
• that the vehicle was repossessed, and a description of the
vehicle sufficient to identify it, i.e., year, make, model, and vehicle
identification number;
• whether the vehicle has been damaged in excess of 50% of its
fair market value (if the vehicle has been damaged in excess of 50% of fair
market value, the lienholder shall apply for a salvage certificate);
• that the owner and any other lienholder on record were given
notice, the owner of record was given the "Affidavit of Defense to
Creditor" (required only for repossession of a vehicle used primarily for
personal, family, or household purposes), and no response was received within
21 days after mailing or delivery;
• that the interest of the owner was lawfully terminated or
sold pursuant to the terms of the security agreement; and
• the purchaser's name and address.
ii) The "Affidavit of Repossession" shall be submitted
on a form prescribed by the Secretary of State, and can be obtained from any
Secretary of State facility or by writing to the Vehicle Services Department,
Howlett Building, Springfield IL 62756.
B) The outstanding Illinois certificate of title properly assigned
to the purchaser. If the outstanding Illinois Certificate of Title is lost or
otherwise not in the possession of the creditor, the creditor must apply for
title in the creditor's own name, and attest on the "Affidavit of
Repossession" that no third party is involved in the transaction and must
also provide a copy of the contract establishing the debt between the creditor
and debtor that specifically references the repossessed vehicle and is signed
by the debtor.
C) An application for a certificate of title or a certificate of salvage.
The application shall name the creditor or purchaser as the vehicle's new
owner.
D) The applicant must submit the required title fee and applicable
registration fees if the creditor or purchaser intends to operate the vehicle.
Applicants who do not intend to operate the vehicle upon the public highways
need not apply for registration at the time of acquisition. (See 92 Ill. Adm.
Code 1010.510.)
E) Proof of payment of vehicle use tax, i.e., ST-556 or RUT-25.
c) Miscellaneous
1) If the repossessed vehicle, on the date of repossession, is
not damaged in excess of 50% of its fair market value, the lienholder or
purchaser shall apply for a certificate of title. If the repossessed vehicle,
on the date of repossession, is damaged in excess of 50% of its fair market
value, the lienholder shall apply for a salvage certificate.
2) Role of the Office of the Secretary of State, Department of
Vehicle Services
A) The Secretary shall not consider any ex parte allegations or
assertions regarding the validity or invalidity of the creditor's claim to the
vehicle or the debtor's asserted defenses to the repossession action.
B) If any "Affidavit of Defense to the Creditor" is
received by the creditor, the creditor must apply to a court of competent
jurisdiction to have the matter resolved and to have the court state which
party is entitled to possession of the vehicle.
C) If the debtor has any complaint about the manner of notice or
sends the "Affidavit of Defense to the Creditor" after the creditor
has applied for a title, the debtor must apply to a court of competent
jurisdiction to order the Secretary not to issue title to the creditor or to
the creditor's assignee. If a new certificate of title has already been
issued, the matter must be resolved by a court of competent jurisdiction.
3) "Date of mailing" means the date shown on the
postmark.
(Source: Amended at 49 Ill. Reg. 1590, effective January 22, 2025)
| TITLE 92: TRANSPORTATION
CHAPTER II: SECRETARY OF STATE
PART 1010
CERTIFICATES OF TITLE, REGISTRATION OF VEHICLES
SECTION 1010.170 JUNKING NOTIFICATION
Section 1010.170 Junking
Notification
a) If a vehicle is sold to a scrap processor, the scrap processor
may file a junking notification form with the Department in lieu of applying
for a junking certificate pursuant to Section 3-117.2 of the Illinois Vehicle
Title and Registration Law of the Illinois Vehicle Code (Ill. Rev. Stat. 1988
Supp., ch. 95½, par. 3-117.2).
b) A junking notification form shall be filled out completely and
contain the following information:
1) the title number of the vehicle, if applicable;
2) the vehicle identification number;
3) the year model, vehicle make, vehicle model, and body type;
4) the scrap processor's name, address and license number;
5) the agent's signature for scrap processor; and
6) the seller's name and address.
c) The junking notification form shall be accompanied by original
documents identifying proof of ownership. Proof of ownership shall include a
properly assigned title, a salvage certificate, or a certificate of purchase
completed by police or towing company.
d) A photocopy of the junking notification form and copies of the
proof of ownership documents shall be retained by the scrap processor for at
least three (3) years. The original documents shall be mailed to the following
address:
Office of the Secretary of State
Title Processing Division
Room 611, Centennial Building
Springfield, Illinois 62756
(Source: Added at 14 Ill. Reg. 9492, effective June 1, 1990)
| TITLE 92: TRANSPORTATION
CHAPTER II: SECRETARY OF STATE
PART 1010
CERTIFICATES OF TITLE, REGISTRATION OF VEHICLES
SECTION 1010.180 SPECIALLY CONSTRUCTED VEHICLES - DEFINED
Section 1010.180 Specially
Constructed Vehicles - Defined
"Specially Constructed
Vehicle" means a vehicle of a type required to be registered that has been
materially altered from its original construction and body style by the
removal, addition or substitution of major component parts from two or more
vehicles or motorcycles of a different make, model or year. Major component
part shall include the chassis, frame, cab, shell, kit, engine block, engine
casing, transmission, and unitized body supporting structure. For the purposes
of this Section, "body style" means the physical appearance of the
vehicle, e.g., 2-door car, pick-up truck, van, motorcycle, etc.
(Source: Added at 21 Ill. Reg. 8408, effective June 23, 1997)
| TITLE 92: TRANSPORTATION
CHAPTER II: SECRETARY OF STATE
PART 1010
CERTIFICATES OF TITLE, REGISTRATION OF VEHICLES
SECTION 1010.185 SPECIALLY CONSTRUCTED VEHICLES - REQUIRED DOCUMENTATION FOR TITLE AND REGISTRATION
Section 1010.185 Specially
Constructed Vehicles - Required Documentation for Title and Registration
a) The following shall be forwarded to the Office of the
Secretary of State:
1) A statement detailing how the vehicle was constructed, which
must include the origin, make, model, year and identification numbers of the
major component parts (as defined in Section 1010.180) used to construct the
specially constructed vehicle.
2) The ownership document of the first make used to assemble the
chassis, frame, or other major component parts.
A) For the purpose of this Section, "first make" means
the manufacturer make of the chassis, frame, or other major component part used
to construct the specially constructed vehicle, unless the part is manufactured
by someone other than the recognized automobile, motorcycle or kit manufacturer
or the part is without the assigned vehicle identification number. Ownership
documents include the following:
i) assigned Manufacturer's Certificate of Origin, or
ii) assigned certificate of title, or
iii) assigned salvage certificate, or
iv) assigned junking certificate, or
v) copy of certificate of title in the name of the applicant for
the specially constructed vehicle, or
vi) copy of salvage certificate in the name of the applicant for
the specially constructed vehicle, or
vii) copy of junking certificate in the name of the applicant for
the specially constructed vehicle.
B) If the frame is a part of the new kit assembly and only other
major component parts from the original vehicle are being used to construct the
vehicle, a copy of one of the above items is required. The copy must show the
vehicle properly assigned to the applicant. Bills of sale or an affirmation
statement may be submitted for the major component parts. The bill of
sale/affirmation statement must include the year, make and vehicle
identification number.
C) If the ownership document of the major component parts used to
assemble the first and second make (as defined in subsection (d)) of the
specially constructed vehicle are supported by junking certificates, the major
component parts used to assemble the first and second make must be from two or
more different vehicles of a different year, make or model, which contain two
or more different vehicle identification numbers.
3) If the frame/body is constructed from various materials or the
major component parts are from various materials/vehicles, bills of sale for
those materials. An affirmation statement indicating the frame or major
component parts were built from materials the applicant had previously owned
may be submitted in lieu of bills of sale. The bill of sale/affirmation
statement must include the year, make and the vehicle identification number.
The frame year and make will be considered as the physical year of application
and reflect SPECIALLY CONSTRUCTED as the make.
4) The ownership document of the second make used to assemble the
body, car kit, glider kit, motorcycle kit, or motorcycle major component parts.
A) For the purpose of this Section, "second make" means
the manufacturer make of the body, car kit, glider kit, motorcycle kit or
motorcycle major component parts used to construct the specially constructed
vehicle. Ownership documents include:
i) Assigned Manufacturer's Certificate of Origin, or
ii) assigned copy of certificate of title, or
iii) assigned copy of salvage certificate, or
iv) assigned copy of junking certificate, or
v) copy of certificate of title in the name of the applicant for
the specially constructed vehicle, or
vi) copy of salvage certificate in the name of the applicant for
the specially constructed vehicle, or
vii) copy of junking certificate in the name of the applicant for
the specially constructed vehicle, or
viii) bills of sale for parts to build body portion. These must
include the year, make and the vehicle identification number.
B) If the above ownership documents cannot be furnished by the
owner, the specially constructed vehicle may be issued a certificate of title
in accordance with Section 3-109 of the Illinois Vehicle Code. Bonding
includes those cases in which an owner builds a vehicle from different
materials and can neither furnish ownership documents nor identify the specific
model year. Specially constructed vehicles which must be bonded will be issued
a certificate of title with the make as SPECIALLY CONSTRUCTED and reflect only
the Secretary of State assigned vehicle identification number. The year model
will be determined according to the date of application.
5) An application for certificate of title and/or registration
accompanied by the appropriate fees.
6) Illinois sales tax or vehicle use tax, if applicable.
7) Three pictures of the completed vehicle, from the front, side
and rear.
b) Upon approval of the documentation provided, the Secretary of
State Department of Police, at their discretion, may inspect the vehicle to
ascertain whether all safety items have been installed and are operating
properly, and whether the vehicle contains any stolen parts.
(Source: Added at 21 Ill. Reg. 8408, effective June 23, 1997)
| TITLE 92: TRANSPORTATION
CHAPTER II: SECRETARY OF STATE
PART 1010
CERTIFICATES OF TITLE, REGISTRATION OF VEHICLES
SECTION 1010.190 ISSUANCE OF TITLE AND REGISTRATION WITHOUT STANDARD OWNERSHIP DOCUMENTS BOND
Section 1010.190 Issuance of
Title and Registration Without Standard Ownership Documents – Bond
a) Definitions
"Appraisal"
means an affirmation statement of the current wholesale value of the vehicle by
a disinterested person of suitable qualifications, such as a licensed new or
used vehicle dealer (including motorcycle, mobile home, and trailer dealers), a
licensed rebuilder (for salvage and junk vehicles only), a licensed real estate
agent (for mobile homes only), or an officer of an antique vehicle club or
association (for antique vehicles only).
"Cash
bond" means a bond executed by the applicant for vehicle ownership and
accompanied by the deposit of cash in the form of currency, cashier's check,
money order, or bank certificate of deposit made payable to the State
Treasurer.
"Surety
bond" means a bond executed by the applicant for vehicle ownership and a
person/firm authorized to conduct a surety business in Illinois which obligates
the guarantor to pay a third party upon default by the applicant in the
performance of any duty the applicant owes to any third party.
"Wholesale
value" means the trade-in value of a vehicle or the value of a vehicle
sold between licensed dealers and not at retail.
b) Statement of Policy
Section
5/3-109 of the Illinois Vehicle Code provides that, in the absence of standard
ownership documents, the Secretary of State may as a condition of issuing a
certificate of title require the applicant to file a bond in the form
prescribed by the Secretary of State and executed by the applicant and either
accompanied by the deposit of cash or also executed by a person/firm authorized
to conduct a surety business in Illinois. The bond shall be in the
amount equal to 1 1/2 times the current wholesale value of the vehicle and
conditioned to indemnify the Secretary of State and any prior owner or
lienholder and any subsequent purchaser of the vehicle, or person acquiring any
security interest in the vehicle, and their respective successors in interest,
against any expense, loss or damage, including reasonable attorney's fees, by
reason of the issuance of a certificate of title for the vehicle or on account
of any defect in or undisclosed security interest upon the right, title and
interest of the applicant in and to the vehicle. Any such interested
person has a right of action to recover on the bond for any breach of its
conditions, but the aggregate liability to all persons shall not exceed the
amount of the bond. The bond and any deposit accompanying it shall be
returned at the expiration of 3 calendar years from the date of filing, or
prior thereto at the applicant's request if the vehicle is no longer
registered in this State, and the currently valid certificate of title is
surrendered to the Secretary of State, unless the Secretary of State has been
notified of the pendency of an action to recover on the bond.
c) Documents Required to be Submitted to the Secretary of State
Prior to Issuance of Title/Registration Without Standard Ownership Documents
1) Evidence of the right of the applicant to acquire title, such
as a bill of sale, receipt, or canceled check. If such evidence is not available,
an affirmation statement detailing the circumstances under which the vehicle
was acquired without title is required.
2) An appraisal of the current wholesale value of the vehicle
from a licensed new or used vehicle dealer (including motorcycle, mobile home,
and trailer dealers); a licensed rebuilder (for salvage or junk vehicles only);
a licensed real estate agent (for mobile homes only); or an officer of an
antique vehicle club or association (for antique vehicles only). The appraisal
should be an affirmation statement and should contain a complete description of
the vehicle (year, make, model, and vehicle identification number); the current
wholesale value; a statement that the vehicle is intact and that all major
component parts are present; a statement that the appraisal value is accurate
to the best of the appraiser's knowledge and that the affirmation is made under
penalties of perjury; the signature and printed name of the appraiser; the firm
name, address, and dealer license number; and the date of the appraisal. (A
suggested Affirmation of Appraisal form follows.)
The appraisal
can also be obtained from a used vehicle price guide, supported by copies of
the front cover and pertinent pages of the guide.
AFFIRMATION OF APPRAISAL
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The undersigned hereby affirms
that the value of the vehicle described below is $ ________ and that the
vehicle is intact and all major component parts are present.
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Year
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Make
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Model
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Vehicle
Identification Number
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I affirm, under penalties of
perjury, that the foregoing statement is accurate to the best of my
knowledge.
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Firm
Name
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Signature
of Appraiser
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Address
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Printer
Name of Appraiser
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Dealer
License Number
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Date
of Appraisal
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3) A surety bond or cash bond executed in the form prescribed by
the Secretary of State in an amount equal to 1½ times the appraised value of
the vehicle.
4) A completed application for certificate of title/registration
accompanied by a fee of $13 for issuance of title, and if license plates are
desired, proper registration fee according to the appropriate schedule.
5) A completed Vehicle Use Tax Return and tax payment, if
applicable.
d) Miscellaneous
1) If the title records of the Secretary of State reflect a lien,
a lien release from the lienholder must accompany the transaction.
2) If the title record is a Salvage Certificate or Junking
Certificate, a bond will not be accepted to issue a clean certificate of title.
3) A bond will not be accepted to issue title on an abandoned
vehicle, a vehicle subject to a mechanic's lien, or a repossessed vehicle.
(Source: Added at 22 Ill. Reg. 8521, effective April 28, 1998)
| TITLE 92: TRANSPORTATION
CHAPTER II: SECRETARY OF STATE
PART 1010
CERTIFICATES OF TITLE, REGISTRATION OF VEHICLES
SECTION 1010.193 PROCEDURES FOR APPLICATION FOR TITLE FOR VEHICLES PURCHASED AT MECHANIC'S LIEN SALES
Section 1010.193 Procedures for Application for
Title for Vehicles Purchased at Mechanic's Lien Sales
a) Purpose.
This Section sets forth the procedures that must be followed by persons who are
applying for certificates of title, salvage certificates or junking
certificates for vehicles purchased at sales conducted to foreclose liens on
vehicles (commonly referred to as "mechanic's liens"), when the sales
were held pursuant to the Labor and Storage Lien Act [770 ILCS 45] using the
procedures set forth in the Sale of Unclaimed Property Act [770 ILCS 90], or
pursuant to the Labor and Storage Lien (Small Amount) Act [770 ILCS 50].
b) For the purposes of this
Section:
1) "Applicant"
means an individual who is applying for a certificate of title, salvage
certificate, or junking certificate for a vehicle purchased at a sale conducted
pursuant to the Labor and Storage Lien Act, using the procedures set forth in
the Sale of Unclaimed Property Act, or conducted pursuant to the Labor and
Storage Lien (Small Amount) Act.
2) "Consent
for materials, labor or storage", which must be given before any
materials, labor or storage is provided, means either:
A) the
written consent as shown via a signature of the registered owner of the
vehicle, the owner's authorized agent, or the lawful possessor; or
B) a
written record of a verbal consent of the registered owner, owner's authorized
agent, or lawful possessor that includes the date and time of the conversation,
a notation of the services that were consented to, the name of the individual
spoken to, and, if available, that individual's phone number.
3) "IVC" means
the Illinois Vehicle Code.
4) "Lawful
possessor" means an individual who has the registered owner's or the
owner's authorized agent's permission to be in possession of the vehicle and to
approve or agree to repair or storage charges for the vehicle.
5) "Owner"
means the individual or individuals, or other legal entity, appearing on the
vehicle title as the owner, lessor or lessee.
6) "Owner's
authorized agent" means an individual given authority by the registered
owner of the vehicle to act on the registered owner's behalf with regard to
authorizing vehicle repairs and storage.
7) "Secretary"
means the Illinois Secretary of State or his or her designee.
8) "Vehicle"
shall have the same meaning as ascribed in IVC Section 1-217.
c) An
applicant who has purchased a vehicle pursuant to a mechanic's lien sale, as
set forth in the Labor and Storage Lien Act, using the procedures set forth in
the Sale of Unclaimed Property Act, or the Labor and Storage Lien (Small
Amount) Act shall submit the following to the Secretary when applying for a
certificate of title, salvage certificate, or junking certificate for the
purchased vehicle:
1) a
Mechanic's Lien Affirmation (VSD-526), provided by the Secretary, that is
properly completed, in full, by the lienholder offering the vehicle for sale
and signed by the applicant or the applicant's agent;
2) a
fully completed application for certificate of title, salvage certificate or
junking certificate;
3) documents
provided to the applicant by the lienholder offering the vehicle for sale
showing the notice requirements of the Labor and Storage Lien (Small Amount)
Act or the Sale of Unclaimed Property Act were fulfilled. These documents shall
include:
A) verification
of ownership of the vehicle at the time notices of the sale were mailed and
published, including a title search conducted by the Secretary's Vehicle
Records Division and, if the vehicle is not found in the Secretary's records, a
search of a national database (e.g., Carfax, Experian, NMVTIS) to determine the
state in which the vehicle was last registered and a title search conducted by
the department of motor vehicles in that state; the search of another state's
department of motor vehicle records may be conducted by a third party vendor
when those services are available;
B) proof
of notifications:
i) notices
sent by certified mail at least 30 days prior to the date of the sale, that
include an original or a copy of the actual notices mailed to the owners and
lienholders of record of the vehicle, along with:
• the
USPS date-stamped receipts for certified mail, and a signed return receipt, or
any unopened certified letter or letters returned by the USPS as undeliverable
or unclaimed; or
• a
receipt for the certified mailing along with the USPS printout showing the
actual or attempted delivery of the mailing;
ii) original
or copy of publication of the sale in a newspaper of general circulation in the
municipality or county where the sale is to be held, published at least 30 days
prior to the date of the sale (one publication for liens of $2,000 or less, and
one per week for three consecutive weeks for liens in excess of $2,000) that
show the published notices and a certificate of publication identifying the
name of the publication and publication dates;
iii) notice
by service, if applicable, when an affidavit of service is filed with the Clerk
of the Circuit Court with liens in excess of $2,000 for unknown owners or
lienholders or in cases in which the mail is undeliverable;
iv) all
notices shall include the amount of the lien; and
v) not
less than 15 business days after the submission of a completed application for
title pursuant to a mechanic's lien foreclosure, the Secretary shall verify
that no additional parties have an interest in the vehicle that requires
notification as set forth in subsection (c)(3)(B)(i);
4) a
copy of the invoice or work order reflecting the vehicle make, model, year, VIN
and registration state and license plate number, the services rendered,
including materials, labor and storage, the total amount due, the date the
vehicle was brought in for services, and the owner's complete name, address and
contact information;
5) documentation
showing the materials, labor or storage services were consented to by the
owner, the owner's authorized agent, or the lawful possessor who brought the
vehicle in for service, along with an explanation of the relationship between
the authorized agent or lawful possessor and the registered owner if the
services charges for the vehicle were incurred at the request of an authorized
agent or lawful possessor;
6) photographs
showing the front, rear and both sides of the vehicle to determine the status
of the repairs, if any, to assist in determining the appropriate title or brand
to be issued for the vehicle, and, if requested by the Secretary, a photograph
of the dashboard VIN plate to assist in identifying the vehicle;
7) the
appropriate, current certificate of title or salvage certificate fee;
8) the
appropriate sales or use tax form and sales or use tax payment payable to the
Illinois Department of Revenue, if applicable; and
9) any
other documents the Secretary deems necessary (e.g., proof that a foreign made,
limited production vehicle is exempt from EPA regulations).
d) The
contracted charges that are incurred against a vehicle, whether for materials,
labor or storage, shall not be adjusted or manipulated to meet the lien amount
set forth in Sections 5 and 6 of the Labor and Storage Lien (Small Amount) Act,
thereby altering the statutory priority of existing prior perfected security
interests or lienholders under Section 4 of the Labor and Storage Lien Act.
Storage shall be charged at an agreed-upon or posted rate, or at a usual and
customary rate for the geographical area where the vehicle is stored.
e) The
vehicle for which a certificate of title, salvage certificate or junking
certificate application is filed pursuant to a mechanic's lien sale shall be
subject to all statutory and administrative rule provisions in regards to the
appropriate type of title, or brand on the title, that will be issued for the
vehicle, including, but not limited to, certificate of title, rebuilt title, salvage
certificate, junking certificate, flood or corrected branding, any applicable
lienholders, and any safety inspections prior to processing the application.
f) Vehicles
removed from public or private property at the request of a vehicle owner or
operator, or as authorized by a law enforcement agency in compliance with IVC
Sections 4-201, 4-202 and 4-203, and stored by a commercial vehicle relocator
or any other towing service, shall be subject to a possessor lien for services
pursuant to the Labor and Storage Lien (Small Amount) Act. Consent for the
towing and storage shall be deemed satisfied by compliance with Sections
18a-302 and 18a-300(6) of the Illinois Commercial Relocation of Trespassing
Vehicles Law [625 ILCS 5/Ch. 18a, Art. 3]. However, no such lien shall exceed
$2,000 in its total amount, or be increased or altered to reflect any charge
for services or materials rendered in addition to those authorized by the IVC.
g) Vehicles
removed from non-residential private property at the request of the owner of
the private property or other person in lawful possession or control of the
private property, in compliance with the Illinois Commercial Relocation of
Trespassing Vehicles Law shall be subject to a possessory lien for services
pursuant to the Labor and Storage Lien (Small Amount) Act. Consent for the
towing and storage shall be deemed satisfied if the private property owner has
posted appropriate signs as required by Section 18a-302 of the Commercial
Relocation of Trespassing Vehicles Law. In no event shall any such lien be
increased or altered to reflect any charge for services or materials rendered
in addition to those authorized by the Commercial Relocation of Trespassing
Vehicles Law.
h) The
Secretary reserves the right to compare the signature of the owner of the
vehicle, the owner's authorized agent, or the lawful possessor that is
presented as proof of consent to the signature on file with the owner's, the
authorized agent's, or the lawful possessor's driver's license or identification
card to ensure the validity of the signature.
i) The
Secretary shall consider each application for certificate of title, salvage
certificate or junking certificate for a vehicle purchased at a mechanic's lien
sale a maximum of 3 times. Notice of the second or third denial shall be sent
directly to the applicant, as well as to any intermediary party acting on the
applicant's behalf. If the application is denied after the third submission,
the applicant shall have the right to appeal the denial of the application
through the administrative hearing process (see 92 Ill. Adm. Code 1001.Subpart
A). The Secretary may allow one additional review before issuing a final
decision regarding the application when it is determined that the information
or documentation necessary to complete the application exists, but was not
previously submitted due to a misunderstanding or oversight.
(Source: Added at 39 Ill. Reg.
5106, effective March 20, 2015).
| TITLE 92: TRANSPORTATION
CHAPTER II: SECRETARY OF STATE
PART 1010
CERTIFICATES OF TITLE, REGISTRATION OF VEHICLES
SECTION 1010.195 PROCEDURES AND DISCLOSURES FOR VEHICLES PREVIOUSLY TITLED IN AREAS FLOODED AS A RESULT OF A NATURAL DISASTER
Section 1010.195 Procedures and Disclosures for Vehicles
Previously Titled in Areas Flooded as a Result of a Natural Disaster
As used in this Section, the term "areas flooded as a
result of a natural disaster" (hereinafter, "flooded area")
shall refer to a geographic area that has been declared a natural disaster by
state or federal officials and flooded to a depth in excess of one foot, in an
area in excess of one square mile.
a) An
application for an Illinois certificate of title for a vehicle that was last
titled in a flooded area will be subject to the following procedures:
1) the
vehicle will be checked against the National Insurance Crime Bureau (NICB)
database to determine if the vehicle is a known flood-damaged vehicle; and
2) if
the vehicle is not in the NICB database as a known flood-damaged vehicle, the
Secretary shall determine whether the vehicle was last registered in a county
(or parish in Louisiana) that was included in the flooded area.
b) Any
vehicle listed by NICB as a known flood-damaged vehicle shall be issued an
Illinois salvage certificate with the brand "flood".
c) The
applicant for a title for a vehicle that was not in the NICB database as a
known flood-damaged vehicle, but was last registered in a county included in a
flood area, unless the jurisdiction in which the
vehicle was last registered reports flood vehicles to the National Motor
Vehicle Title and Information System (NMVTIS), shall be required
at the time of application to complete a flood disclosure statement. This
statement shall require the applicant to disclose whether the vehicle sustained
physical damage or water damage as a result of the flooding and, if there was
damage, the extent of damage the vehicle sustained. If a previous jurisdiction
reports flood status to NMVTIS and the Secretary is able to ascertain whether
or not a vehicle sustained flood damage due to a natural disaster, then a flood
disclosure form does not need to accompany an application for a certificate of
title. The Secretary does reserve the right to request a flood disclosure at
any time, if the NMVTIS system is unavailable or the vehicle's status is
undetermined.
d) If a
vehicle is not listed by NICB as a known flood-damaged vehicle and was last
registered in a county included in a flood area, and the application is
accompanied by a flood disclosure statement, that vehicle shall be issued an
Illinois certificate of title or salvage certificate, as determined by the
information in the flood disclosure statement.
e) If a
vehicle is not listed by NICB as a known flood-damaged vehicle and was last
registered in a county included in a flood area, and the application is not
accompanied by a flood disclosure statement, that vehicle shall be issued an
Illinois salvage certificate with the brand "flood".
f) Vehicles
titled in Illinois that had a title branded from the previous state will
receive a similar Illinois branded title.
g) The
Secretary will utilize these procedures for up to 12 months after the date of
the natural disaster declaration.
(Source: Amended at 46 Ill.
Reg. 4938, effective March 7, 2022)
SUBPART C: REGISTRATION
| TITLE 92: TRANSPORTATION
CHAPTER II: SECRETARY OF STATE
PART 1010
CERTIFICATES OF TITLE, REGISTRATION OF VEHICLES
SECTION 1010.200 HOMEMADE TRAILERS - TITLE AND REGISTRATION
Section 1010.200 Homemade Trailers − Title and
Registration
a) A "homemade
trailer" shall be defined as:
1) A
trailer that was built from various parts and not manufactured by an
established company;
2) The
trailer has never been issued a manufacturer's ownership document; and
3) No
prior registration information exists for the trailer.
b) The
application for a Certificate of Title and Registration for a homemade trailer
must be made by the owner to the Secretary of State. In addition to the
application for title, the applicant must submit to the Secretary of State:
1) An
affirmation stating the trailer is in fact a homemade trailer, signed by the
applicant;
2) A
statement of construction, describing the materials used in the construction of
the trailer;
3) Four
pictures of the trailer, from both sides, the front and the rear of the
trailer; and
4) Applicable
title and registration fees.
c) Upon
approval of the documentation provided, the Secretary of State Department of
Police must inspect the trailer to ascertain whether it is safe for highway
use, whether all safety items have been installed and are operating properly,
and whether the trailer contains any stolen parts.
d) All
homemade trailers must be inspected by the Secretary of State Department of
Police prior to issuance of a Certificate of Title and Registration. Any
homemade trailer weighing 5,001 lbs. or more must also be inspected by the
Illinois Department of Transportation prior to issuance of a Certificate of
Title.
e) Upon
completion of a successful inspection, the Secretary of State Department of
Police must attach a unique vehicle number to the homemade trailer. The unique
vehicle identification number shall be made part of the homemade trailer's
record.
(Source: Added at 34 Ill.
Reg. 10202, effective June 29, 2010)
| TITLE 92: TRANSPORTATION
CHAPTER II: SECRETARY OF STATE
PART 1010
CERTIFICATES OF TITLE, REGISTRATION OF VEHICLES
SECTION 1010.210 APPLICATION FOR REGISTRATION
Section 1010.210 Application
for Registration
a) Cash or stamps may not be mailed for payment of any
registration fee or tax.
b) Leased Vehicles:
The
application shall contain the name of the Lessor. The vehicle may be registered
in the name of the Lessee if the Lessee includes a valid copy of the lease with
the application for registration. The Lessee may then apply for special plates
in his or her own name.
c) Newly-Acquired Vehicles:
Application
for registration shall be made by the new owner on the date of acquisition or
when the vehicle becomes subject to registration as provided in 92 Ill. Adm.
Code 1010.510, and filed with the Secretary of State personally or by U.S.
Mail. The dealer who sold the vehicle shall accept the application from the
new "owner" and must within 15 days transmit the application and fees
to the Secretary of State, as provided in Section 3-113 of the Illinois Vehicle
Code (IVC) [625 ILCS 5].
d) Trailer
Registrations:
Semitrailer
registrations shall only be issued to trailers being used and towed:
1) by
a “commercial vehicle”, as defined in Section 1-111.8 of the IVC;
2) in combination with any vehicle being used in “farm to market
agricultural transportation” as defined in Section 1-119.6 of the IVC; or
3) in combination with any vehicle registered as an
“apportionable vehicle”, as defined by Section 3-400 of the IVC.
(Source: Amended at 46 Ill. Reg. 16391, effective September 16, 2022)
| TITLE 92: TRANSPORTATION
CHAPTER II: SECRETARY OF STATE
PART 1010
CERTIFICATES OF TITLE, REGISTRATION OF VEHICLES
SECTION 1010.220 VEHICLES SUBJECT TO REGISTRATION EXCEPTIONS
Section 1010.220 Vehicles
Subject to Registration – Exceptions
Every vehicle moved upon a
highway of the State of Illinois is subject to registration in Illinois except:
a) Vehicles of non-residents eligible for reciprocity as
hereinafter provided.
b) Vehicles bearing a temporary registration permit issued by the
Secretary of State pursuant to Section 3-407 of the Code.
c) An "implement of husbandry", as defined in Section
1-130 of the Code, only incidentally operated or moved over a highway.
d) Any "special mobile equipment" as defined in Section
1-191 of the Code, and only incidentally operated or moved over a highway.
e) Any vehicle powered by overhead trolly wires, whether on rails
or not, and as defined in Sections 1-202 and 1-206 of the Code.
f) Vehicles either titled or owned and used by contractors in the
construction, repair or maintenance of highways.
1) Provided said vehicles are used as work vehicles solely at the
site of the new highway construction within the construction site limits as
defined by Illinois Department of Transportation district engineer as
acceptable for such construction operation. Said vehicles may not be used to
transport materials to or from the construction site. Said vehicles may not be
operated upon public highways open to vehicular traffic, unless there is
present at both the point of commencement and termination of each site either
manual or automated traffic control devices so as to insure safe movement of
all vehicular traffic.
2) Provided said vehicles are not operated on public highways to
or from the site and are used solely as work vehicles, at the site of highways
which are under repair within the construction site limits as defined by
Illinois Department of Transportation district engineer as acceptable for such
construction operation. Said vehicles may not be used to transport materials
to or from the construction site. Said vehicles may not be operated upon
public highways open to vehicular traffic, unless there is present at both the
point of commencement and termination of each site either manual or automated
traffic control devices so as to insure safe movement of all vehicular traffic.
(Source: Amended at 3 Ill. Reg. 12, p. 76, effective March 23, 1979)
| TITLE 92: TRANSPORTATION
CHAPTER II: SECRETARY OF STATE
PART 1010
CERTIFICATES OF TITLE, REGISTRATION OF VEHICLES
SECTION 1010.230 REFUSING REGISTRATION OR CERTIFICATE OF TITLE
Section 1010.230 Refusing
Registration or Certificate of Title
a) The Secretary of State shall refuse registration or transfer
of registration; the issuance of a certificate of title, transfer or assignment
of a certificate of title, when the Secretary of State makes a determination
that the vehicle by its size or design would create a dangerous and hazardous
condition upon the highway, or that the vehicle is not manufactured or designed
for general highway use and operation.
b) In making the determination set forth in 1010.230 (a), the
Secretary of State, may consider, but not in limitation thereof, the following
factors:
1) That such vehicle, by its size, design or otherwise, is in
such unsafe condition as to endanger the person or property of other; or that
such vehicle does not contain those parts or is not at all times equipped with
such lamps and other equipment in proper condition and adjustment as required by
(Ill. Rev. Stat. 1981, ch. 95½, pars. 12-100 et seq.)
2) That said vehicle by its size or design, without major
additions, adjustments, or modifications thereto, does not have an operating
capability, for general street and highway use.
3) That said vehicle was not designed, manufactured, marketed and
sold by said manufacturer through retail vehicle dealers, for general street
and highway use and operation.
4) That the minimum required wheelbase measurement for
registration and titling of such vehicle be and is forty-four (44) inches
between any two axles thereof; for the purpose of this Part said wheelbase
shall be measured upon a straight line from center to center of the vehicle
axles designated.
5) That the minimum inside wheel diameter, or "rim"
measurement, for registration and titling of such vehicle be and is fifteen
(15) inches across.
6) That the vehicle have the performance capability of generating,
developing and maintaining adequate power and speed so as not to impede or
block the normal and reasonable movement of traffic on public streets and
highways.
7) Compliance by applicant with all laws, regulations and
requirements relating to the issuance of Registration Plates and Certificates
of Title.
| TITLE 92: TRANSPORTATION
CHAPTER II: SECRETARY OF STATE
PART 1010
CERTIFICATES OF TITLE, REGISTRATION OF VEHICLES
SECTION 1010.240 REGISTRATION PLATES TO BE FURNISHED BY THE SECRETARY OF STATE
Section 1010.240
Registration Plates To Be Furnished by the Secretary of State
a) General Provisions
1) The Secretary of State may issue registration plates and/or
stickers at facilities and offices maintained by the Secretary of State in
Springfield or Chicago, or at other locations.
2) In addition, the Secretary of State may, in his or her discretion,
cause registration plates and/or stickers to be issued by financial
institutions or retail merchants, and applications for renewal of registrations
for such vehicles as the Secretary of State may designate to be received and
processed for transmittal to the Secretary of State by the financial
institutions or retail merchants. For that purpose, the Secretary of State may
deposit Illinois registration plates and/or stickers with the financial
institutions or retail merchants. In addition, the Secretary may cause
registration plates and stickers to be issued pursuant to Section 1010.245 and
may cause registration renewal stickers to be issued by retail merchants.
3) The Secretary may further cause registration and title
applications to be serviced and remitted, by licensed remittance agents, to the
Secretary of State, as provided in the Vehicle Code.
4) The term "financial institution", for the purposes
of this Part, shall mean any federal or state chartered bank, savings and loan,
credit union, and currency exchange, either directly or indirectly through an
armored carrier. For the purposes of subsection (a)(2), the term
"financial institution" also means an armored carrier approved by the
Secretary to issue registration plates/stickers. The term shall also include
insurance companies and licensees under the Sales Finance Agency Act [205 ILCS
660] and the Consumer Installment Loan Act [205 ILCS 670]. The term
"retail merchant", for the purposes of this Part, shall mean a
business that is engaged in the sale of goods or services to the general public
and that has one or more permanently established places of business in
Illinois.
5) The Secretary may, in his or her discretion, cause
registration plates and stickers to be issued by motor vehicle dealers.
6) With the exception of electronic registration and titling
service providers, as set forth in Section 1010.245(b), no entity or person,
other than the Secretary, will be allowed to sell license plates or
registration stickers over the internet.
b) Application for Participation in the Over-The-Counter Sales
Program
1) The Secretary of State will accept the application of any financial
institution or retail merchant to participate in the over-the-counter program,
if the Secretary of State makes a determination that the establishment of the
institution or retail merchant in the program will provide a beneficial service
to the general public and will be cost effective for the Secretary of State to
administer for the People of the State of Illinois, and that the institution or
retail merchant can provide sufficient security for both the handling of State
fees and taxes collected and the handling and storage of registration plates
and/or stickers.
2) In making the determination required by subsection (b)(1), the
Secretary of State will consider, but shall not be limited by, the following
factors:
A) Tentative acceptance of the terms contained in the Financial
Institution/Retail Merchant License Plate/Sticker Agreement between the
Secretary of State's Office and the institution or retail merchant;
B) Previous participation by the institution or retail merchant in
the program and, if any, the circumstances surrounding its leaving the program;
C) Current participation by the institution or retail merchant in
the over-the-counter sales program at other locations;
D) Submission by the institution or retail merchant of a current
copy of its blanket or fidelity bond, or if no such bond is maintained and the
institution or retail merchant is a self-insurer, then a certificate of deposit
payable to the Secretary of State, or an irrevocable letter of credit form a
third party bank to the Secretary of State in an amount sufficient to protect
the Secretary of State in the same manner as the Secretary would be protected
if the blanket or fidelity bond were in force;
E) Total passenger registration for the county;
F) Total number of over-the-counter passenger sales in the
community and county in the previous registration year;
G) Estimated annual registration plate and sticker sales for this
location;
H) Estimated volume of walk-in traffic at this location;
I) Population of the community;
J) Population of the county;
K) Number of banks in the community currently participating in the
program in relation to the total number of banks in the community;
L) Number of savings and loans in the community currently
participating in the program in relation to the total number of savings and
loans in the community;
M) Number of currency exchanges in the community currently
participating in the program in relation to the total number of currency
exchanges in the community;
N) Number of credit unions in the community currently
participating in the program in relation to the total number of credit unions
in the community;
O) Number of retail merchants in the community currently
participating in the program in relation to the total number of retail merchants
in the community;
P) Locations of other institutions in the community currently in
the program;
Q) Total number of institutions in the community currently in the
program;
R) Financial stability;
S) Total full time and part time employees at proposed selling
location;
T) Selling location if different from main location;
U) Selling area within the institution or retail merchant;
V) Business days and hours the institution or retail merchant is
open to the public.
3) Miscellaneous Provisions
A) Over-the-counter program, for purposes of this Section, shall
mean the program in which the Secretary of State, by contractual agreement,
authorizes a financial institution or retail merchant to sell license plates
and/or renewal stickers to the general public, at a particular location.
B) The acceptance of any application will be, in addition to the
requirements in subsection (b)(1), dependent upon the applicant agreeing to all
of the terms of and signing the Financial Institution/Retail Merchant License
Plate/Sticker Agreement and the institution's or retail merchant's being in
good standing and licensed by the Department of Financial and Professional
Regulation or any other licensing agency, whether local, State or federal, that
regulates the institution.
C) A financial institution or retail merchant participating in the
over-the-counter program may sell license plates and/or renewal stickers to the
public only during a face-to-face transaction.
(Source: Amended at 44 Ill.
Reg. 17440, effective October 19, 2020)
| TITLE 92: TRANSPORTATION
CHAPTER II: SECRETARY OF STATE
PART 1010
CERTIFICATES OF TITLE, REGISTRATION OF VEHICLES
SECTION 1010.245 ELECTRONIC REGISTRATION AND TITLING (ERT) PROGRAM PROVISIONS
Section 1010.245 Electronic Registration and Titling
(ERT) Program Provisions
a) The
Secretary may, in his or her discretion, establish a program for the electronic
registration and titling (ERT) of motor vehicles. Transactions that may be conducted
pursuant to an ERT program may include transmitting applications for titles and
registration of motor vehicles, renewal of motor vehicle registrations,
creating and removing liens from motor vehicle records, applying for salvage or
junking certificates, and issuing registration plates and stickers by motor
vehicle dealers, financial institutions and retail merchants, except
that licensees under the Sales Finance Agency Act [205 ILCS 660] and the
Consumer Installment Loan Act [205 ILCS 670] shall only be authorized to apply
for titles and create and remove liens from motor vehicle records. Insurance
companies shall only be permitted to apply for salvage or junking certificates and
retail merchants shall only be authorized to issue registration renewal
stickers.
b) Upon
the establishment of an ERT program, the Secretary may enter into agreements
with ERT service providers to serve as intermediaries between the Secretary of
State's office and motor vehicle dealers, financial institutions and retail
merchants (collectively referred to in this Section as "vendors").
For the purposes of this Section, the term "financial institution"
shall mean any federal or state chartered bank, savings and loan, credit union,
and armored carrier, and any currency exchange, either directly or indirectly
through an armored carrier. The term shall also include insurance companies
and licensees under the Sales Finance Agency Act and the Consumer Installment
Loan Act. The term "retail merchant" shall mean a business that is
engaged in the sale of goods or services to the general public and that has one
or more permanently established places of business in Illinois.
c) The
ERT service provider shall be responsible for the following:
1) establishing
a computerized communication link between the vendors and the Secretary of
State for the transmission of titling, registration, registration renewal and
lien information, in compliance with all specifications of the Secretary of
State's office. The communication link must provide for the secure
transmission of information as required under this Section without permitting
access to the vendor's confidential information by any entity that is not
authorized by the vendor and the Secretary of State. Any entity that is
authorized to access a vendor's information system, software, data or network
must preserve its confidentiality and integrity. This provision does not limit
or prohibit the Secretary of State from accessing confidential information;
2) transmitting
all fees associated with the title and registration transactions to the
Secretary of State and transmitting all sales taxes due and owing for the sales
of motor vehicles to the Illinois Department of Revenue;
3) maintaining
an inventory of registration plates and stickers at a secure location that is
subject to inspection by the Secretary of State, distributing those plates and
stickers to vendors as necessary, receiving unused, expired, damaged and voided
plates and stickers and reports of lost or stolen plates and stickers from
vendors, and forwarding those reports and returning those unused, expired,
damaged and voided plates and stickers to the Secretary of State warehouse
monthly. For purposes of this Section, the term "plates" shall mean
vehicle registration license plates, and the term "sticker" shall
mean the adhesive sticker affixed to license plates and the form, with a
pre-printed control number and barcode, to which the sticker is attached when
shipped and printed. When this Section provides for shipping, inventory,
accounting or reconciliation of, or credit for returned, stickers, the sticker
must be attached to the original form or affixed to a plate and recorded as
issued with that plate.
A) The
inventory control system shall accurately track all registration plates and
stickers shipped to the service provider by the Secretary, those distributed by
the provider to vendors (including tracking which specific plates and stickers
were shipped to individual vendors), those returned by vendors to the provider,
and those returned by the provider to the Secretary. The inventory yet to be
shipped and the returned inventory shall be stored separately. In addition,
the inventory system shall comply with one of the following:
i) All
inventory shall be maintained in sequential order, according to document
number, including inventory being held for shipping to vendors and inventory
returned by vendors.
ii) The
computerized inventory control system must utilize barcode readers that enable
the service provider or Secretary of State employees to scan and accurately
record inventory items yet to be shipped and returned inventory. Secretary of
State employees must have access to a computer terminal at the service
provider's site during inventory and reconciliation procedures, and the system
must allow the printing of necessary inventory reports during these procedures.
B) Real-time
access to the inventory control system shall be provided to Secretary of State
staff, auditors and Secretary of State Police for review, reconciliation,
auditing and inventory verification to ensure compliance with rules, policies
and regulations, and for locating individual registration plates and stickers
and determining to which vendor the individual registration plates and stickers
were issued. All electronic information shall be maintained for not less than
five years after receipt of the inventory by the service provider.
C) Bulk
inventories of registration plates and stickers will be delivered by the
Secretary to the service provider as needed. The service
provider shall acknowledge receipt of the inventory in a manner approved by the
Secretary and is responsible for the inventory upon receipt. The service
provider shall store the inventory within the State of Illinois. The service
provider shall distribute registration plates and stickers to vendors, as
necessary, and shall accept returns from the vendors of unused, expired,
damaged and voided plates and stickers.
D) Vendors
shall not return unused, expired, damaged or voided plates and stickers
directly to the Secretary. The Secretary shall not be responsible for
inventory incorrectly returned.
E) Vendors
who have inventory that is damaged, voided, missing, lost or stolen during a
given month shall report those occurrences to the service provider not later
than the final day of the following month. (Example: Inventory items damaged during
August must be reported and returned to the service provider not later than the
following September 30.) Credit for returned plates will only be granted when
both plates in the set have been returned or accounted for, if the plates were
of the type issued as a pair. All or as much as possible of the damaged or
voided stickers must be returned to receive credit for returned inventory. When
it is not possible to return any portion of a damaged or voided plate or
sticker, an explanation as to the circumstances causing the plate or sticker to
be voided or damaged, and the reasons no portion can be returned, must be
provided. The Secretary shall have the right to determine whether the
explanation will be accepted and whether inventory credit will be given for the
plates or stickers not returned in whole or in part. In making this
determination, the Secretary shall consider whether the vendor is able to
retain and return the form on which the sticker is issued; whether matters
beyond the control of the vendor may have contributed to the complete loss of
the stickers (e.g., fires or industrial accidents that are accompanied by
police reports, fire reports or insurance claims); and the history of the
individual vendor with regard to the loss of stickers.
F) Service
providers may be relieved of responsibility for payment for plates and stickers
reported as stolen only if a copy of a police report concerning the theft is
provided to the Secretary.
G) Not
later than March 31 of each calendar year, vendors shall return to service
providers all remaining stickers in their possession of the type and color that
expire during that calendar year. (Example: During 2007, vendors sell
stickers that expire during 2008, such that a sticker sold in March 2007
expires in March 2008. As of January 2008, vendors will be selling stickers of
the type and color that expire in 2009. Therefore, not later than March
31, 2008, vendors shall return to the service provider all remaining stickers
in their possession of the type and color that expire during 2008).
H) On a
periodic basis, but not less than monthly, the Secretary and the service
provider shall reconcile their records of plates and stickers shipped by the
Secretary to the service provider, plates and stickers issued by vendors to
vehicle owners and for which the appropriate documentation and fees were received
by the Secretary, plates and stickers returned by vendors to the service
provider as unused, expired, damaged or voided, explanations provided by
vendors for damaged or voided stickers and plates that have not been returned
in whole or in part, and plates and stickers still in the actual possession of
the service providers and vendors. The review and accounting of inventory and
returned items shall be conducted in the manner prescribed by the Secretary.
After these periodic reconciliations, the unused, expired, damaged or voided
plates and stickers shall be returned to the Secretary and the Secretary shall
issue the service provider a receipt for the returned inventory. A preliminary
report of missing billable inventory for the preceding month shall be provided
after these periodic reconciliations.
I) Following
the reconciliation after March 31, June 30, September 30 and December 31, the
Secretary shall invoice the service provider for all plates or stickers
unaccounted for during the preceding quarter. These reconciliations will be
based on the reported inventory still in the possession of vendors. Service
providers shall not receive credit for unaccounted for inventory items that are
located after this quarterly reconciliation and billing.
J) The unaccounted
for inventory shall be invoiced at the following rates. For unaccounted for
stickers, the rate shall be $151 per sticker. For unaccounted for plates that
are intended to be sold as a set (e.g., passenger vehicle or truck plates) the
rate shall be $151 per set of plates. For unaccounted for plates that are
intended to be sold individually (e.g., motorcycle or trailer plates) the rate
shall be $151 per plate. Payment in full must be made to the Secretary within
45 days after receipt of the notice from the Secretary of the amount due.
Service providers may recover such payments from vendors pursuant to the
contracts between the service providers and the vendors.
K) Certain
types of registration stickers are sold outside of the one-year process noted
in subsection (c)(3)(G) (e.g., registrations of fleet vehicles). To
accommodate these sales, after the return and reconciliation of all inventory
as provided in subsections (c)(3)(H) and (I), the Secretary may re-issue
preceding year stickers to service providers for the use of vendors engaging in
sales of vehicles requiring these registrations. These re-issued stickers
shall be tracked separately in the service provider's inventory control
system. Not less than three months after these re-issued stickers may no
longer be legally sold, all remaining inventory of these stickers shall be
returned to the service provider by the vendor, and the stickers shall be
subject to the final reconciliation and billing process set forth in subsection
(c)(3)(I).
L) The
Secretary shall have the right to conduct physical inspections of the inventory
of service providers and vendors during normal business hours.
M) The
Secretary shall have the right to suspend or revoke the right of service
providers and/or vendors to participate in the ERT program for failure to
comply with the inventory control provisions set forth in this subsection
(c)(3), or for excessive or repeated incidents of unaccounted for inventory;
4) complying
with all requirements of the Secretary of State and the Department of Revenue
concerning the security of the electronic information and funds transmissions,
which shall prohibit access to a vendor's confidential information by any
entity without authorization of the vendor and Secretary of State and a
requirement that any entity that is authorized to access a vendor's
confidential information must preserve the confidentiality and integrity of the
vendor's information systems, software, data and network, the security of the
registration plates and stickers, and maintaining an electronic inventory
control system for the registration plates and stickers. This provision does
not limit or prohibit the Secretary of State from accessing confidential information;
5) retaining records of
all ERT transactions as directed by the Secretary;
6) posting
a performance bond in an amount set by the Secretary, not to exceed
$1,000,000. Beginning July 1, 2012, a service provider must post a performance
bond in the amount of $1,500,000;
7) registering
as a remittance agent pursuant to 625 ILCS 5/Ch. 3, Art. IX;
8) complying
with all other terms and conditions set forth in the agreement between the
Secretary of State and the ERT service provider;
9) providing
a formal process for billing and enforcement of all vendor inventory issues and
pending transaction issues and designating a specific representative to
communicate with the Secretary of State on all vendor inventory issues and
pending transaction issues.
d) The
ERT service provider shall enter into agreements with vendors for participation
in the ERT program.
1) All
vendors must be currently licensed and in good standing with their regulatory
agencies before being selected to participate in this program.
2) The
Secretary shall have the sole discretionary right to review and approve these
agreements and shall have the right to approve, deny or revoke the right to
participate in the ERT program by individual vendors. Retail merchants wishing
to serve as vendors must be approved in advance by the Secretary. Any decision
to deny or revoke an individual vendor's right to participate in the ERT
program shall be based on:
A) the
vendor's prior compliance with or violations of applicable statutes, rules and
regulations;
B) the
vendor's participation in the Secretary's temporary registration permit program
and any violations of the rules and regulations of the temporary registration
permit program found in Section 1010.421;
C) violations
by the vendor of this Section or violations of the terms of agreements entered
into by the vendor in the ERT program;
D) the
benefit to the public to be derived by the vendor's participation in the
program;
E) the
resources of the Secretary of State's office to support the vendor's
participation in the program; and
F) The
factors set forth in Section 1010.240(b)(2)(E)-(J).
3) Vendors
shall inform customers that utilizing the electronic registration and titling
system is optional.
4) The
ERT program shall not be used to request or obtain specialty, vanity or
personalized registration plates.
5) Fees
collected for an ERT title transaction are nonrefundable by the Secretary,
unless a title application has not been processed by the Secretary of State.
6) Registration
plates and stickers may only be issued at the time an ERT transaction is
processed.
7) Title,
registration and registration renewal applications and other required documents
shall be delivered to the Office of the Secretary of State within 20 days after
vehicle sale, registration or registration renewal.
e) Except
as permitted by the Secretary during a transition period, no vendor may
simultaneously participate in the ERT program and the Over-the-Counter Sales
Program (see Section 1010.240).
f) Beginning
January 1, 2013, all franchised new motor vehicle dealers must electronically
submit titling and registration applications to the Secretary of State, either
through an ERT program or online through the Secretary of State website
(cyberdriveillinois.com/departments/vehicles
/title_and_registration/pert.html).
g) Beginning
January 1, 2019, all franchised new and used vehicle dealers must
electronically submit titling and registration applications to the Secretary of
State, either through an ERT program or online through the Secretary of State
website
(cyberdriveillinois.com/departments/vehicles/title_and_registration/pert.html).
(Source: Amended at 44 Ill. Reg. 2014,
effective December 31, 2019)
| TITLE 92: TRANSPORTATION
CHAPTER II: SECRETARY OF STATE
PART 1010
CERTIFICATES OF TITLE, REGISTRATION OF VEHICLES
SECTION 1010.250 APPLICATIONS FOR REASSIGNMENT
Section 1010.250
Applications For Reassignment
Every application for
reassignment of a license number shall be accompanied by an application for
renewal of the vehicle registration to which it pertains, together with payment
of the registration fee and tax for such vehicle, as provided by law. If such
application for renewal of registration is not in proper form o if the
appropriate fee and tax is not paid therewith, the Secretary of State shall
notify the applicant thereof, and unless the form is corrected or the fee and
tax paid within 15 days after such notification, the Secretary of State need
not honor the reassignment application.
| TITLE 92: TRANSPORTATION
CHAPTER II: SECRETARY OF STATE
PART 1010
CERTIFICATES OF TITLE, REGISTRATION OF VEHICLES
SECTION 1010.260 SPECIAL PLATES PRIOR MILITARY SERVICE REQUIRED
Section 1010.260 Special Plates – Prior Military Service
Required
a) Only
applicants who were honorably discharged from the armed forces shall be
eligible for a special license plate when prior military service is required
for issuance of that special license plate. For purposes of this Section:
1) "Armed
forces" means any of the armed forces of the United States, including a
member of any reserve component or National Guard unit.
2) "Honorably
discharged" means a person who has served in the armed forces and was
discharged or separated under honorable conditions.
b) When
a surviving spouse of a former member of the armed forces is eligible to apply
for such special plates, that former member must have been honorably discharged
for the surviving spouse to be issued the special license plate.
c) If an
applicant has received a less-than-honorable discharge because of the
applicant’s sexual orientation or gender identification and is denied issuance
of a special plate because of that discharge, that applicant may seek an
administrative hearing to review the denial. If the administrative hearing
officer determines the less than honorable discharge was solely the result of
the applicant’s sexual orientation or gender identification, the hearing
officer will recommend issuance of the special license plate.
d) An
applicant who received a less than honorable discharge on or after June 25,
2019 because of possession of marijuana under circumstances that would not be
illegal in this State at the time of the discharge and is denied issuance of a
special plate because of that discharge, may seek an administrative hearing to
review the denial. If the administrative hearing officer determines the less-than-honorable
discharge was solely the result of possession of marijuana under circumstances
that would not be illegal in this State at the time of the discharge, the
hearing officer will recommend issuance of the special license plate.
(Source: Added at 47 Ill. Reg. 3374,
effective February 23, 2023)
SUBPART D: REVOCATION, SUSPENSION AND CANCELLATION OF REGISTRATION
| TITLE 92: TRANSPORTATION
CHAPTER II: SECRETARY OF STATE
PART 1010
CERTIFICATES OF TITLE, REGISTRATION OF VEHICLES
SECTION 1010.300 OPERATION OF VEHICLE AFTER CANCELLATION, SUSPENSION, OR REVOCATION OF ANY REGISTRATION
Section 1010.300 Operation
of Vehicle after Cancellation, Suspension, or Revocation of any Registration
a) It shall be unlawful for any person to operate, or knowingly
permit to be operated, upon any highway in the State of Illinois any vehicle
where any registration thereof has been cancelled, suspended or revoked.
b) In addition to any fines or penalties prescribed by this Code,
such vehicle shall further be required to be registered at the point of
apprehension or arrest, provided said vehicle is eligible for registration.
c) For any fees or taxes due, the Secretary of State may impress
a lien upon the title of the vehicle as provided by law.
d) The Secretary of State may further seek an injunction against
continued unlawful operation.
| TITLE 92: TRANSPORTATION
CHAPTER II: SECRETARY OF STATE
PART 1010
CERTIFICATES OF TITLE, REGISTRATION OF VEHICLES
SECTION 1010.310 IMPROPER USE OF EVIDENCE OF REGISTRATION
Section 1010.310 Improper
use of Evidence of Registration
a) In addition to the fines or penalties prescribed by the Code
for improper use of evidences of registration, any vehicle displaying any
evidence or registration issued for some other vehicle, shall further be
required to be registered at the point of apprehension or arrest, unless valid
proof is presented that an application for transfer of registration is on file
with the Secretary of State.
b) "Evidence of Registration" includes:
1) Illinois registration plates
2) Illinois reciprocity permit carried in the cab of the vehicle
together with a reciprocal foreign plate
3) An Illinois pro-rate decal displayed in conjunction with a
reciprocal foreign registration plate
4) Temporary registration permit per Section 1010.420
5) A signal 30 card per Section 1010.745
6) A current and valid one-trip permit or 30 day registration
permit or 90 day registration permit.
7) Temporary prorate authorization permits.
8) Temporary apportionment authorization permits.
(Source: Amended at 4 Ill. Reg. 17, p. 247, effective April 11, 1980)
| TITLE 92: TRANSPORTATION
CHAPTER II: SECRETARY OF STATE
PART 1010
CERTIFICATES OF TITLE, REGISTRATION OF VEHICLES
SECTION 1010.320 SUSPENSION, CANCELLATION OR REVOCATION OF ILLINOIS REGISTRATION PLATES AND CARDS AND TITLES
Section 1010.320 Suspension,
Cancellation or Revocation of Illinois Registration Plates and Cards and Titles
The Secretary of State may
suspend or revoke an Illinois Certificate of Title, or Illinois Registration
and Card or Illinois Temporary Registration Permit, upon investigation or upon
a showing by his own records or other sufficient evidence that:
a) Such was fraudulently or erroneously issued or obtained; or
b) The registered vehicle has been dismantled or wrecked; or
c) Required fees or taxes have not been paid and remain unpaid
after demand, and as due to the Secretary of State or the Illinois Commerce
Commission; or
d) When such is knowingly displayed upon a vehicle other than the
one for which issued and a proper transfer application has not been filed
pursuant to Sections 3-501, 3-502 or 3-504 of the Code.
e) The owner has committed an offense under Chapter 3 of the
Code.
f) An owner of a for-hire motor vehicle has failed to give proof
of financial responsibility as required by Chapters 8 and 9 of this Code.
g) An owner of a for-rent vehicle has failed to give proof of
financial responsibility as required by Chapter 9 of this Code.
h) A "not-for-hire" vehicle has been unlawfully
operated "for-hire".
| TITLE 92: TRANSPORTATION
CHAPTER II: SECRETARY OF STATE
PART 1010
CERTIFICATES OF TITLE, REGISTRATION OF VEHICLES
SECTION 1010.330 OPERATION OF VEHICLE WITHOUT PROPER ILLINOIS REGISTRATION
Section 1010.330 Operation
of Vehicle Without Proper Illinois Registration
a) Violations
1) It is a misdemeanor for any person to operate, or for any
owner knowingly to permit to be operated, any vehicle required by the Illinois
Vehicle Code to be registered in Illinois unless the vehicle is displaying
proper Illinois registration.
2) Proper Illinois Registration and I.D. card for the purpose of
this rule shall mean:
A) Illinois fiscal plate registration
B) Illinois prorate plate registration
C) Illinois prorate decal registration
D) Illinois reciprocity permit registration
E) Properly required Illinois trip permit
F) Illinois mileage plate registration
G) Illinois farm plate registration
H) International Registration Plan plate
I) Temporary apportionment authorization
J) Illinois temporary registration permit
3) In any case where a violation has been detected and a vehicle
has been apprehended, the Secretary of State shall require, in addition to any
or all other actions provided for in this Code, and in addition to any fine or
penalty that may be imposed, that the vehicle in question be "properly
registered" in Illinois.
4) Apprehension of any violator may result in arrest, issuance of
summons and any all other penalties specified by the Illinois Vehicle Code and
the Rules duly adopted and filed thereunder.
5) The Secretary of State investigator shall make a "signal
30" check in every case where the vehicle involved is from a Reciprocity
or Prorate jurisdiction, and in every apprehension, where necessary, shall make
a determination from the records of the Office of the Secretary of State
whether the carrier is on file or not on file with the Office of the Secretary
of State of Illinois.
6) Provisions of paragraph (b) of this Section shall be limited
to those vehicles from jurisdictions that are eligible for proration or
reciprocity or based in Illinois.
7) The provisions of paragraph (c) of this Section shall be
limited to those vehicles from jurisdictions that have adopted and complied
with all of the provisions of the International Registration Plan.
b) Vehicles From Jurisdictions That Are Eligible For Proration Or
Reciprocity Or Based In Illinois.
Registration procedures upon apprehension for a violation of
this Section, shall be required as follows:
1) Failure to Display Illinois Registration:
A) Unit Making Interstate Movement:
i) Prorate carrier on file with Illinois: ISSUE arrest
citation, require addition of unit to fleet by Office of the Secretary of State
and trip permit by law enforcement.
ii) Prorate carrier not on file with Illinois, unit eligible for
proration: ISSUE arrest citation, and trip permit by law enforcement.
iii) Vehicle based in reciprocity jurisdiction: ISSUE arrest
citation, and trip permit by law enforcement.
B) Unit Making Intrastate Movement:
i) Carrier on file with Illinois: ISSUE arrest citation,
require Illinois base plate by Office of the Secretary of State.
ii) Carrier not on file with Illinois: ISSUE arrest citation and
Illinois base plate by law enforcement.
C) Illinois registration alleged lost or stolen from unit: ISSUE
arrest citation, verify current registration. If verified, no further action.
If no verification, consider appropriate action under paragraph (a) or (b)
above.
D) Foreign based unit involved in interstate trip lease movement:
ISSUE arrest citation, trip permit by law enforcement.
2) Failure to Display Valid Foreign or Illinois Base Plate:
A) Unit has no plate, fictitious plate, or expired plate:
i) Carrier on file with Illinois: ISSUE arrest citation and
Illinois base plate by Office of Secretary of State.
ii) Carrier not on file with Illinois: ISSUE arrest citation and
Illinois base plate by law enforcement.
B) Improper use (see Section 1010.450) of dealer plates,
manufacturer plates, transporter or intransit plates, and repossessor plates
by:
i) Dealer, Manufacturer, Transporter, Repossessor, licensed in
Illinois: ISSUE arrest citation and require Illinois base plate by Office of
the Secretary of State.
ii) Dealer, Manufacturer, Transporter, Repossessor, licensed by a
foreign jurisdiction: ISSUE arrest citation and Illinois base plate by law
enforcement.
3) Overweight on Registration:
A) Foreign base plate:
i) Carrier on file with Illinois: ISSUE arrest citation and
Illinois base plate by Office of the Secretary of State.
ii) Carrier not on file with Illinois: ISSUE arrest citation and
Illinois base plate by law enforcement.
B) Illinois base plate or prorate decal: ISSUE arrest citation
and require reclassification to proper weight by Office of the Secretary of
State.
4) Improper Use Of Illinois Trip Permit, expired or altered:
ISSUE arrest citation and trip permit by law enforcement.
5) For the purposes of this Section, display of registration for
reciprocity carriers shall mean the possession of a reciprocity permit in the
cab of the vehicle.
c) Vehicles From Jurisdictions That Have Adopted and Complied
With All Provisions Of International Registration Plan.
Registration procedures upon apprehension for a violation of
this Section shall be required as follows:
1) Failure to Display Illinois Registration:
A) Unit Making Interstate or Intrastate Movement:
i) Carrier on file with Illinois, unit not apportioned: ISSUE
arrest citation, require addition of unit to fleet by Office of the Secretary
of State and trip permit by law enforcement.
ii) Carrier not on file with Illinois: ISSUE arrest citation and
trip permit by law enforcement.
B) Registration or I.D. Card lost or stolen from unit: ISSUE
arrest citation, verification of current registration by law enforcement. If
verified, no further action will be taken. If no verification, appropriate
action under (A) above will be considered.
C) Foreign based unit involved in interstate trip lease movement:
ISSUE arrest citation, and trip permit by law enforcement.
2) Failure to Display Valid Base Plate:
A) Unit has no plate, a fictitious plate, or an expired plate:
i) Carrier on file with Illinois: ISSUE arrest citation and
require addition of unit to fleet by Office of the Secretary of State.
ii) Carrier not on file with Illinois: ISSUE arrest citation and
Illinois fiscal plate by law enforcement.
B) Improper use (See Section 1010.450) of dealer plates,
manufacturer plates, transporter or intransit plates, and repossessor plates
by:
i) Dealer, Manufacturer, Transporter, Repossessor licensed in
Illinois: ISSUE arrest citation and require Illinois base plate by Office of
the Secretary of State.
ii) Dealer, Manufacturer, Transporter, Repossessor licensed in a
foreign jurisdiction: ISSUE arrest citation and Illinois base plate by law
enforcement.
3) Overweight on Registration:
A) Foreign base plated:
i) Carrier apportioned in Illinois, unit not apportioned in
Illinois: ISSUE arrest citation and require addition of unit to fleet at
appropriate weight by Office of the Secretary of State.
ii) Carrier and unit not apportioned in Illinois: ISSUE arrest
citation and Illinois base plate by law enforcement.
B) Overweight on Illinois base plate or Illinois I.D. card: ISSUE
arrest citation and require reclassification to proper weight by Office of the
Secretary of State.
4) Improper use of Illinois Trip Permit, expired or altered:
ISSUE appropriate arrest citation and trip permit by law enforcement.
5) Carrier may request an administrative hearing hereunder
pursuant to Section 2-118 of the Illinois Vehicle Code.
(Source: Amended at 4 Ill. Reg. 17, p. 247, effective April 11, 1980)
| TITLE 92: TRANSPORTATION
CHAPTER II: SECRETARY OF STATE
PART 1010
CERTIFICATES OF TITLE, REGISTRATION OF VEHICLES
SECTION 1010.350 SUSPENSION OR REVOCATION
Section 1010.350 Suspension
or Revocation
a) The Secretary of State may suspend or revoke any Illinois
Registration or exemption therefrom when authorized by any provision of the
Code.
b) The Secretary of State may rescind any order of suspension,
revocation or cancellation as provided by law.
| TITLE 92: TRANSPORTATION
CHAPTER II: SECRETARY OF STATE
PART 1010
CERTIFICATES OF TITLE, REGISTRATION OF VEHICLES
SECTION 1010.360 SURRENDER OF PLATES, DECALS OR CARDS
Section 1010.360 Surrender
of Plates, Decals or Cards
Any and every Illinois
Registration, Plate, Decal or Card issued in conjunction therewith must be
surrendered to the Secretary upon demand whenever he has ordered its
suspension, revocation or cancellation; and whenever:
a) The vehicle in question is destroyed, wrecked, dismantled or
otherwise unusable or inoperable unless an application for transfer thereof has
been filed; or
b) The vehicle in question is sold or conveyed to another person
unless an application for transfer thereof has been filed; or
c) The address of the holder thereof is changed unless an
application for a corrected card has been filed.
SUBPART E: SPECIAL PERMITS AND PLATES
| TITLE 92: TRANSPORTATION
CHAPTER II: SECRETARY OF STATE
PART 1010
CERTIFICATES OF TITLE, REGISTRATION OF VEHICLES
SECTION 1010.410 TEMPORARY REGISTRATION INDIVIDUAL TRANSACTIONS
Section 1010.410 Temporary
Registration – Individual Transactions
a) Documents required To Be Displayed
Any person who purchases a vehicle from another person who is
not a vehicle dealer and who does not have the title and registration documents
handled by a licensed remittance agent, may operate the vehicle temporarily
pending receipt of the registration plates upon compliance with the following
provisions:
1) The applicant must display on the inside right lower corner of
the windshield of the vehicle a duplicate or a copy of the title and
registration application.
2) The application shall be signed and verified by the
applicant. Verification for the purposes of this Rule means that above the
signature of the applicant it states that the document is a duplicate or a copy
of the title and registration application and that the original application and
the proper fee was mailed to the Office of the Secretary of State on the date
indicated. Notarization of the signature is not required.
b) General Provisions
1) Said document when displayed as provided herein shall be valid
for a period of sixty days or until receipt of the registration plates,
whichever period is shorter. The provisions of this Rule are in addition to
and in no way supersede provisions of Section 1010.420.
2) The provisions of this Rule are not applicable in any
situation wherein the vehicle is purchased from a vehicle dealer, or if the
vehicle is purchased from another person not a vehicle dealer, yet the
application for title and registration is handled through or processed by any
licensed remittance agent or currency exchange in the State of Illinois, if, in
either situation, temporary registration permits are available.
(Source: Added at 7 Ill. Reg. 1432, effective January 21, 1983)
| TITLE 92: TRANSPORTATION
CHAPTER II: SECRETARY OF STATE
PART 1010
CERTIFICATES OF TITLE, REGISTRATION OF VEHICLES
SECTION 1010.420 TEMPORARY PERMIT PENDING REGISTRATION IN ILLINOIS
Section 1010.420 Temporary
Permit Pending Registration In Illinois
a) General
Provisions
1) For the purpose of this Part, Illinois Temporary Registration
Permit (hereinafter referred to as Temporary Permit) shall refer to a temporary
plate, issued or provided by the Secretary of State, which allows the operation
of a vehicle after proper application has been made and fees received, until
the receipt of registration plates and/or sticker.
2) The Secretary of State shall prescribe the form and content of
the Temporary Permit plate. Temporary Permit plates shall include both a
standard size plate and a reduced size plate for use on motor driven cycles or
motorcycles. The Secretary of State shall issue the Temporary Permit and no
other document shall be deemed a valid Temporary Permit. This provision shall
in no way be construed as restricting the provisions of Section 3-401 of the
Illinois Vehicle Code.
3) Entities authorized to issue Temporary Permit Plates pursuant
to Section 1010.421 of this Part shall have the necessary computer hardware,
software and communication devices for accessing the Secretary of State's
Internet site for the registration of Temporary Permit plates.
4) The Temporary Permit shall not be valid for more than 90 days
from the date of issuance, unless extended or reduced at the discretion of the
Secretary of State. In exercising that discretion, the Secretary of State
shall take into consideration the following factors:
A) The nature and type of application;
B) The availability of the registration plates and/or stickers
applied for;
C) The processing time for the application;
D) Other relevant matters affecting the issuance thereof.
In any event,
once the applied-for registration plates and/or stickers have been issued to
and received by the applicant, the Temporary Permit is void.
5) The Temporary Permit plate shall be securely attached to the
rear of the vehicle in the space designed for the permanent registration plate,
consistent with the provisions of Section 3-413(b) of the Illinois Vehicle
Code.
6) The Temporary Permit must be removed upon receipt of the
registration plates and/or sticker. The Temporary Permit is not transferable
from one person to another, nor from vehicle to vehicle.
b) Newly
Acquired Vehicles
A Temporary
Permit to operate a newly acquired vehicle for which a valid application for
title and registration has been filed, accompanied with the proper fees, may be
issued by or for the Secretary of State to the buyer of such vehicle, pending
action upon the application.
c) Renewal
Registrations
In the event
that an individual fails to renew a registration plate or sticker upon
expiration, a Temporary Permit may be issued only by a Secretary of State
facility, or remittance agent, and only under the following circumstances:
1) The applicant presents proof of ownership of the vehicle
through a title, preprinted application, I.D. Card, or verification of ownership
by the records of the Secretary of State.
2) The applicant presents payment of all fees due.
3) The renewal registration plates and/or stickers are not
readily available at a financial institution, as defined in Section 1010.240 of
this Part.
4) The appropriate registration stickers or registration plates
are not immediately available at a facility.
d) Miscellaneous
Provisions
The Secretary
of State may also issue Temporary Permits only at official State of Illinois
facilities in any of the following situations:
1) If an individual has made application for registration, either
renewal or otherwise, prior to expiration and does not receive the registration
by the expiration date. The individual must present proof thereof acceptable
to the Secretary of State;
2) Any situation where the individual makes proper application
for title and registration, or registration alone, and the Secretary of State
is unable to issue the appropriate registration at that time.
(Source: Amended at 27 Ill.
Reg. 4790, effective February 27, 2003)
ADMINISTRATIVE CODE TITLE 92: TRANSPORTATION
CHAPTER II: SECRETARY OF STATE
PART 1010 CERTIFICATES OF TITLE, REGISTRATION OF VEHICLES
SECTION 1010.421 ISSUANCE OF TEMPORARY REGISTRATION PERMITS BY PERSONS OR ENTITIES OTHER THAN THE SECRETARY OF STATE
Section 1010.421 Issuance of
Temporary Registration Permits by Persons or Entities Other Than the Secretary
of State
a) All
entities authorized to issue Temporary Registration Permits (TRPs) must
designate a single individual as the primary individual responsible for
issuing, tracking and managing TRPs, 7-day permits, and/or 30-day permits.
This individual shall be referred to as a Superuser and will act as the primary
contact on behalf of the authorized entity and the Secretary of State (SOS).
b) All
entities authorized to issue a TRP shall be issued a Superuser username by the
SOS. The Superuser may designate to SOS additional issuers; however, only
individuals with a valid username may issue a TRP from inventory allocated to
each licensed entity. Each Superuser and additional issuer of the TRP system
must sign a separate acknowledgment stating that the individual understands the
processes and procedures governing TRP issuance, is 18 years of age or older,
and understands that a violation of this Part or of any provision of the
Illinois Vehicle Code related to issuing registrations may result in the
Superuser, the additional issuer, and/or the authorized entity receiving a
suspension or revocation of TRP privileges.
c) If
the SOS determines that a Superuser, additional issuer, or authorized entity has
permitted an unauthorized individual to issue a TRP on the Superuser's or an additional
issuer's behalf, then the SOS shall suspend the authorized entity's access to
the TRP program for a period of 30 days. Any entity that is found to have
employed a Superuser or additional issuer who has violated this provision twice
within 5 years shall have access to the TRP program denied permanently.
d) All
Superusers and those designated by a Superuser as an additional issuer shall
complete a free, annual training session including, but not limited to, the operations
of the TRP system, the statutes pertaining to motor vehicle registration, TRPs,
and this Part.
e) Prior
to obtaining a Superuser username, a Superuser must complete in-person
training. Going forward, the Superuser will be required to attend an online training
annually. If a new additional issuer is created by the Superuser, that new
user has 60 days from the creation date to complete the online training. Going
forward, an additional issuer must take the online training annually. Any
Superusers or additional users who have committed any violations of this
section in the past year may be required to take in-person training.
f) A
licensed dealer under the Illinois Vehicle Code may void, within 15 days or 500
miles after the issue date of the TRP, a TRP that has been issued to a vehicle
owner and corresponding vehicle, if the vehicle owner determines that the
vehicle meets the requirements of Section 2L of the Consumer Fraud and
Deceptive Business Practices Act [815 ILCS 505]. A licensed dealer under the
Illinois Vehicle Code may void, within 15 days after the issue date of the TRP,
a TRP that has been issued to a vehicle owner and corresponding vehicle for any
other reason allowed under State statute. A licensed dealer shall be required
to retain documentation that the customer signs stating that he or she is
returning the vehicle to the licensed dealer pursuant to Section 2L or another
specified statutorily authorized reason. This disclosure shall be retained with
all other statutorily required documentation pertaining to the licensed dealer's
record keeping requirements.
g) A
licensed dealer may not void a TRP for a vehicle owner and corresponding
vehicle if the sole reason the vehicle is returned to the licensed dealer is
the vehicle purchaser's inability to secure financing for the vehicle. If,
after the TRP is issued, the vehicle purchaser is ultimately unable to secure
financing and must return the vehicle, the licensed dealer must still transmit
the appropriate title and registration fees to SOS and any applicable sales taxes
to the Illinois Department of Revenue before another TRP may be issued to a new
vehicle owner for the same vehicle.
h) In addition to the issuance of TRPs to specific applicants,
the SOS may supply, upon request, TRP plates to the following for issuance by
them, provided they have the necessary computer hardware, software and
communication devices for accessing the SOS Internet site for the registration
of TRP plates and titling:
1) Licensed vehicle dealers registered and in good standing with SOS.
Each dealer may issue TRPs only to persons purchasing vehicles from that dealer
and only after application for title and registration has been completed. All TRPs
that are issued must be accompanied by a corresponding document number for the accompanying
application for a certificate of title. All dealers receiving TRPs shall
maintain records as required by 92 Ill. Adm. Code 1019.40 reflecting the
information required for completion of the receipt form for a TRP plate.
Failure to do so may result in the denial, revocation, or suspension of a
dealer's license under IVC Section 5-501.
2) Licensed remittance agents registered and in good standing
with the SOS. Each remittance agent may issue TRPs only to persons whose
applications the remittance agent accepts for transmittal to SOS. All TRPs
that are issued must be accompanied by a corresponding document number for the
accompanying application for a certificate of title. All Remittance Agents
receiving TRPs shall maintain records reflecting the information required for
completion of the receipt form for a TRP. Failure to do so may result in the
denial, revocation, or suspension of a Remittance Agent's license under IVC Sections
3-906 and 3-907.
3) Currency exchanges licensed by, and in good standing with, the
Department of Financial and Professional Regulation. Currency exchanges shall
complete and submit an application in a manner prescribed by the SOS to be
eligible to receive TRPs. Each currency exchange may issue TRPs only to
persons whose applications the currency exchange accepts for transmittal to SOS.
A TRP may only be issued in connection with an application for title and
registration or registration only, but may not be issued in connection with an
application for renewal of a registration. All TRPs that are issued must be
accompanied by a corresponding document number for the accompanying application
for a certificate of title. All currency exchanges receiving TRPs shall
maintain records of their issuance reflecting the information required for
completion of the receipt form for a TRP plate.
i) Authorized Superusers of Temporary Permits must be in
compliance with the following:
1) Within two business days after receipt of TRP plates from the SOS
the Superuser shall access the SOS Internet site for the registration of TRP plates
and acknowledge receipt of the plates.
A) The issuer shall store the TRP plates in a secure location to
prevent theft, loss or misuse of the plates. TRPs shall not be accessible to
the general public or any individual who has not been issued a Superuser's, or
an additional issuer's, username by the SOS.
B) TRP plates shall be issued in numerical sequence as received
from SOS.
C) Holders of TRPs shall be limited to a 90-day inventory based on
self-reported annual sales.
D) TRP plates shall be issued only in conjunction with applications
for vehicle registration and all required information regarding the TRP plate
shall be completed on the vehicle registration application form.
E) Any information that is found to be inaccurate in order to
circumvent the TRP system shall result in suspension of the TRP system. A
second or subsequent violation of this subsection (i)(1)(E) within 5 years shall
result in denial of access to the TRP system.
2) Contemporaneously with the issuance of a TRP plate, the Superuser
or additional issuer shall access the SOS TRP Account Login for the
registration of TRP plates and enter all requested information with regard to
the vehicle for which the TRP plate was issued and the individuals or entity to
which the TRP plate was issued. When accessing the SOS Internet site and
entering information, a Superuser or additional issuer shall comply with all
protocols provided by the SOS, including, but not limited to, user
identification procedures and passwords.
3) Prior to delivering a TRP plate to the applicant or attaching
a TRP plate to a vehicle, the Superuser or additional issuer shall affix the TRP
to the corresponding vehicle.
A) All information required on the TRP must be electronically
printed on the TRP; and
B) Under no circumstances shall the Superuser or an additional issuer
provide or issue a second or subsequent TRP to the same owner and vehicle as
the initial issuance.
4) TRP plates issued for motor driven cycles or motorcycles shall
be of the reduced size designed for motor driven cycles or motorcycles.
5) TRP plates shall be issued only by the Superuser or additional
issuer assigned by the licensed dealer, remittance agent, or currency exchange
that received the TRP from the SOS.
6) TRP plate receipt forms shall contain all of the information
requested, where applicable. The original of the plate receipt form shall be
given to the applicant and the copy shall be maintained by the Superuser or additional
issuer.
7) TRP plate receipt forms shall bear the name of the Superuser's
licensed entity and the licensee's or Agent number issued by SOS.
8) The Superuser or additional issuer of TRPs shall reimburse SOS
$151 per TRP lost, missing, stolen or destroyed. All TRPs designated as lost,
missing, stolen or destroyed, or otherwise unaccounted for, shall be billed
automatically on a monthly basis. The SOS shall have the discretion to waive
this fee upon satisfactory proof that the TRPs were destroyed by fire or flood,
or stolen in connection with a theft on the premises. In the decision to waive
the fee, the SOS shall consider whether an insurance claim or police report was
filed, or other evidence suggesting that the authorized licensed entity's loss
is the result of fire, flood or theft on the premises.
9) An authorized licensed entity shall maintain for 3 years copies
of receipt forms for all TRP plates issued.
10) When the authorized licensed entity is no longer engaged in
the business of issuing TRPs, the authorized licensed entity shall return all unissued
TRP plates to SOS. An authorized licensed entity shall bear risk of loss until
all TRPs are received by SOS. All TRPs shall be returned to the following
address:
Illinois Secretary of State
Attn: TRP Return Unit
501 S. 2nd Street
Springfield IL 62756
11) Any entity licensed under Chapter 5 of the IVC shall issue
Illinois residents only Illinois TRPs or 7-day drive away permits. A licensee
may issue a 30-day drive away permit to non-residents or as set forth in
Section 1010.425 of this Administrative Code. Any licensee that issues a
temporary registration permit or 7-day drive away permit originating from
another state to an IL resident shall receive a 90-day suspension from access
to the Secretary's TRP system. A second or subsequent violation of this
provision shall result in a 30-day suspension of the license issued under
Chapter 5 of the IVC.
j) SOS shall have free access to the offices and places of
business to examine fully all TRP books and other business records, documents
and files of the licensed entity to determine whether the licensed entity is
complying with this Section.
k) The licensed entity is responsible for acts or omissions of its
Superuser or additional issuers while engaged in the distribution of TRPs.
l) Denial
or Revocation of the Authority to Issue Temporary Permits
1) SOS may refuse to issue TRPs to any dealer, remittance agent or currency exchange that
has committed any violation of IVC Chapter 3 or Chapter 5 or any administrative
rule adopted pursuant to those statutes. SOS may demand the return of any
unused TRPs from any dealer, remittance agent
or currency exchange for any violation of IVC Chapter 3 or Chapter 5 or any
administrative rule adopted pursuant to those statutes, or for any other
violation relating to the use or issuance of TRPs.
2) If the SOS refuses to issue or revokes unused TRPs, he or she shall so order in writing and notify the
dealer, remittance agent or currency exchange by U.S. Mail. A dealer,
remittance agent or currency exchange may request an administrative hearing to
review the order.
3) If the SOS revokes unused TRPs, the affected dealer, remittance agent or currency exchange
shall not be entitled to apply for or issue any TRPs for a period of 90 days following receipt of the
revocation order. A second or subsequent offense resulting in the revocation
of TRPs may result in the dealer, remittance
agent or currency exchange being prohibited from receiving any TRPs from SOS.
4) SOS personnel may initiate an action against a
dealer, remittance agent or currency exchange by filing a complaint with the SOS
Administrative Hearings Department. Thereafter, a notice of hearing shall be
issued to the dealer, remittance agent or currency exchange specifying the
alleged violation. The dealer, remittance agent or currency exchange shall be
entitled to an administrative hearing pursuant to IVC Section 2-118 and 92 Ill.
Adm. Code 1001.
m) Violations of Entering Temporary Permit Required Information
1) Any entity that issues a TRP without a
corresponding application for a certificate of title shall be assessed the
appropriate certificate of title fee for the vehicle that was issued the TRP.
2) The
penalty for entering false, misleading or deceptive information, whether the
information pertains to the vehicle owner or the vehicle, shall include a
90-day suspension of access to the TRP system.
3) The
penalty for a lost, missing, stolen or destroyed TRP from an entity's inventory
shall be $151, the cost of a plate and registration.
4) The
penalty for issuing a TRP without following the proper SOS procedures is as
follows:
|
Occurrence
|
|
Penalty
|
|
1st Occurrence,
single violation
|
|
Written warning, $175 fine
|
|
1st Occurrence,
2-5 violations
|
|
7-day suspension, $175 fine
per violation
|
|
1st Occurrence,
5-10 violations
|
|
30-day suspension, $175 fine
per violation
|
|
1st Occurrence,
10+ violations
|
|
90-day suspension, $175 fine
per violation
|
|
2nd Occurrence
|
|
30-day suspension, $175 fine
per violation
|
|
2nd Occurrence,
10+ violations
|
|
90-day suspension, $175 fine
per violation
|
|
3rd Occurrence
|
|
90-day suspension, $175 fine
per violation
|
|
4th Occurrence
|
|
Revocation of TRP Access
|
(Source: Amended at 46 Ill.
Reg. 1868, effective January 13, 2022)
|
| TITLE 92: TRANSPORTATION
CHAPTER II: SECRETARY OF STATE
PART 1010
CERTIFICATES OF TITLE, REGISTRATION OF VEHICLES
SECTION 1010.425 NON-RESIDENT DRIVE-AWAY PERMITS
Section 1010.425
Non-Resident Drive-Away Permits
a) For the purpose of this Section, the following definition
shall apply:
"Authorized
Agent" – A licensed remittance agent or dealer who has made application
for and received Drive-Away Permits from the Secretary of State for issuance to
subsequent permit purchasers.
"Non-Resident
Drive-Away Permit" – a temporary registration permit as provided in IVC Section
3-603 that allows a vehicle to be operated on the highway for the primary
purpose of allowing the vehicle to be driven from the place of acquisition to a
destination outside of Illinois within a 10 day period. The permit can be
issued by a licensed dealer, remittance agent, or at most Secretary of State
facilities.
"Permit
Purchaser" – an Illinois resident or non-resident purchasing a
Non-Resident Drive-Away Permit for a vehicle to be driven to a destination
outside of Illinois.
"Secretary
of State" – Secretary of State of Illinois.
b) If a permit purchaser obtains a Non-Resident Drive-Away Permit
at a Secretary of State facility:
1) The permit purchaser shall complete a Vehicle Permit
Application. The appropriate fee as required by IVC Section 3-811 must
accompany the application.
2) The permit purchaser shall provide proof that he/she owns the
vehicle. Acceptable ownership documents include, but are not limited to:
A) a title issued in the permit purchaser's name;
B) a title assigned to the permit purchaser;
C) a Manufacturer's Certificate of Origin issued or assigned to
the permit purchaser;
D) a registration identification card which has been expired less
than one year; or
E) verification through the Secretary of State computer file.
3) The Secretary of State employee shall attach a photocopy of
the proof of ownership to the second part of the permit (the agent's copy). If
ownership is verified through the Secretary of State's computer file, the
information shall be written on the agent's copy.
4) The permits shall be issued in numerical sequence and
completed in full containing the following information:
A) the expiration date of the permit;
B) the name and address of the permit purchaser (must show
out-of-state address);
C) the year, make and vehicle identification number of the
vehicle;
D) the name and address of the Secretary of State issuing
facility; and
E) the signature of the Secretary of State employee.
c) If a dealer or remittance agent wishes to obtain permits for
issuance as an authorized agent of the Secretary of State:
1) The dealer/remittance agent shall submit an application
accompanied by the appropriate fee for each permit to the Secretary of State that
contains the following information:
A) the name and address of the authorized agent and his/her
license number;
B) the type and quantity of permits being requested; and
C) the signature of the authorized agent.
d) The sale of permits by an authorized agent is as follows:
1) If a permit purchaser obtains a permit from an authorized
agent rather than a Secretary of State facility, he/she shall provide proof of
ownership to the authorized agent as provided in subsections (b)(2)(A) through (D).
2) The authorized agent shall attach a photocopy of the proof of
ownership to the second part of the permit (agent's copy as provided in
subsection (b)(3)) and complete the Drive-Away Permit in full as provided in
subsection (b)(4). The only difference being that the permit will contain the
name, address, and signature of the authorized agent rather than the Secretary
of State facility address and the Secretary of State employee's signature.
3) The authorized agent shall issue the permits in numerical order.
The authorized agent shall maintain records of the permits issued for 3 years.
The Secretary of State or his representative shall have free access to the
records of any such authorized agent issuing Drive-Away Permits.
e) The permit shall be displayed in the lower left side of the
rear window of the vehicle. License plates are not to be displayed on the
vehicle if the permit is being used. The permit can be issued to both First
and Second Division vehicles. When properly displayed, the permit is an
official document recognized by law enforcement agencies. (However, if the
owner plans on carrying cargo in a second division vehicle, they will need to
check with the various states for special requirements.)
f) Non-Resident Drive-Away Permits may be issued for a variety of
situations including, but not limited to, the following:
1) a non-resident of Illinois who purchases a vehicle from an
Illinois resident;
2) a non-resident of Illinois who purchases a vehicle from
another non-resident of Illinois within the State of Illinois;
3) an Illinois resident who has expired Illinois registration or
Illinois registration that will expire in less than 10 days and who has or will
be establishing residency in another state, if the out-of-state address is
provided on the application; or
4) an Illinois resident who was issued an Illinois title, but was
not issued license plates because he/she is moving to another state, if the
out-of-state address is provided on the application.
g) Under no circumstances may a
Non-Resident Drive-Away Permit be issued to a wholesaler or licensed dealer.
(Source: Amended at 43 Ill. Reg. 3945, effective March 15, 2019)
| TITLE 92: TRANSPORTATION
CHAPTER II: SECRETARY OF STATE
PART 1010
CERTIFICATES OF TITLE, REGISTRATION OF VEHICLES
SECTION 1010.426 SEVEN DAY PERMITS
Section 1010.426 Seven Day
Permits
a) For the purpose of this Section, the following definitions
shall apply:
"Authorized
Agent" – a licensed remittance agent or dealer who has made application
for and received Seven Day Permits from the Secretary of State for issuance to
subsequent permit purchasers.
"Seven
Day Permit" – a temporary registration permit as provided in IVC Section
3-403 issued to an Illinois resident for operation of a non-registered vehicle
within the State of Illinois for up to 7 days. In addition, the permit can be
issued to a person whose registration has a renewal hold for non-compliance
with the emissions program. This will allow the person to drive to an emissions
testing station or repair facility. The permit can be issued by a licensed
dealer or remittance agent or at most Secretary of State facilities.
"Permit
Purchaser" – an Illinois resident purchasing a Seven Day Permit for
his/her non-registered vehicle.
"Secretary
of State" – Secretary of State of Illinois.
"IVC" − Illinois Vehicle Code.
b) If a permit purchaser obtains a Seven Day Permit at a
Secretary of State facility:
1) The appropriate fee must accompany the transaction as provided
in IVC Section 3-403.
2) The permit purchaser shall provide proof that he/she owns the
vehicle. Acceptable ownership documents include, but are not limited to:
A) a title issued in the permit purchaser's name;
B) a title assigned to the permit purchaser;
C) a Manufacturer's Certificate of Origin issued or assigned to
the permit purchaser;
D) a registration identification card that has been expired less
than one year; or
E) verification through the Secretary of State computer file.
3) The Secretary of State employee shall attach a photocopy of
the proof of ownership to the second part of the permit (the agent's copy). If
ownership is verified through the Secretary of State's database, the
information shall be written on the agent's copy.
4) The permits shall be issued in numerical sequence and
completed in full containing the following information:
A) the issuance date and expiration date of the permit;
B) the name and address of the permit purchaser;
C) the year, make and vehicle identification number of the
vehicle;
D) the name and address of the Secretary of State issuing
facility; and
E) the signature of the Secretary of State employee.
c) If a dealer or remittance agent wishes to obtain permits for
issuance as an authorized agent of the Secretary of State:
1) The dealer/remittance agent shall submit an application
accompanied by the appropriate fee as provided in IVC Section 3-403 for each
permit to the Secretary of State that contains the following information:
A) the name and address of the authorized agent and his/her
license number;
B) the type and quantity of permits being requested; and
C) the signature of the authorized agent.
d) The sale of permits by an authorized agent is as follows:
1) If a permit purchaser obtains a permit from an authorized
agent rather than a Secretary of State facility, he/she shall provide proof of
ownership to the authorized agent as provided in subsections (b)(2)(A) through
(D).
2) The authorized agent shall attach a photocopy of the proof of
ownership to the second part of the permit (agent's copy as provided in
subsection (b)(3)) and complete the Seven Day Permit in full as provided in
subsection (b)(4). The only difference is that the permit will contain the
name, address and signature of the authorized agent rather than the Secretary
of State facility address and the Secretary of State employee's signature.
3) The authorized agent shall issue the permits in numerical
order. The authorized agent shall maintain records of the permits issued for 3
years. The Secretary of State or his or her representative shall have the
authority to inspect the records of any authorized agent issuing Seven Day
Permits.
e) The permit shall be displayed in the upper left corner of the
rear window of the vehicle. License plates are not to be displayed on the
vehicle if the permit is being used. The permit can be issued to both first
and second division vehicles, but second division vehicles must be operated on
empty weight. When properly displayed, the permit is an official document
recognized by law enforcement agencies.
f) Seven Day Permits may be issued for a variety of situations,
including, but not limited to, the following:
1) test driving a vehicle being sold by a non-dealer without
current registration;
2) driving a homemade trailer to a Secretary of State facility
for inspection pursuant to IVC Section 3-104(1);
3) driving a vehicle that has a registration renewal hold due to
failure to comply with the emissions requirements to an EPA testing station;
and
4) driving a vehicle that must be inspected to an authorized
inspection site pursuant to IVC Section 3-308 or 13-101.
g) Under no circumstances shall a Seven
Day Permit be issued to a wholesaler.
(Source: Amended at 43 Ill.
Reg. 3945, effective March 15, 2019)
| TITLE 92: TRANSPORTATION
CHAPTER II: SECRETARY OF STATE
PART 1010
CERTIFICATES OF TITLE, REGISTRATION OF VEHICLES
SECTION 1010.430 REGISTRATION PLATES FOR MOTOR VEHICLES USED FOR TRANSPORTATION OF PERSONS FOR COMPENSATION AND TOW TRUCKS
Section 1010.430
Registration Plates for Motor Vehicles Used for Transportation of Persons for
Compensation and Tow Trucks
a) For purposes of this Section, the following definitions shall
apply:
"Ambulance" – any publicly or privately owned
vehicle which is specifically designed, constructed or modified and equipped,
and is intended to be used for, and is maintained or operated for the emergency
transportation of persons who are sick, injured, wounded or otherwise
incapacitated or helpless as provided in Section 1-102.01 of the Illinois
Vehicle Code.
"Bus" – every motor vehicle, other than a
commuter van, designed for carrying more than 10 persons as provided in Section
1-107 of the Illinois Vehicle Code.
"Commercial Vehicle" – any vehicle operated for
the transportation of persons or property in the furtherance of any commercial
or industrial enterprise, For-Hire or Not-For-Hire, but not including a
commuter van, a vehicle used in a ridesharing arrangement when being used for
that purpose, or a recreational vehicle not being used commercially as provided
in Section 1-114 of the Illinois Vehicle Code.
"Commuter Van" – a motor vehicle designed for
the transportation of not less than 7 nor more than 16 passengers, which is:
used in a ridesharing arrangement; or owned or leased by or on behalf of a
company or an employee organization and operated on a non-profit basis with the
primary purpose of transporting employees of the company between the employees'
homes and the company's place of business or a public transportation station
and in which the operating, administrative, maintenance and reasonable
depreciation costs are paid principally by the persons utilizing the commuter
van as provided in Section 1-114.1 of the Illinois Vehicle Code.
"Compensation" – remuneration or payment of any
kind which is received or owed for use of the motor vehicle or the service
provided by the use of the motor vehicle.
"Funeral Home Vehicle" – any privately owned first
or second division vehicle weighing 8,000 pounds or less which is owned or
leased by a funeral home.
"Livery Vehicle" – any privately owned first
division vehicle which is intended to be used for the transportation of persons
when the payment is not based on a meter charge but is prearranged for a
designated destination.
"Medical Carrier" – any publicly or privately
owned motor vehicle which is specifically designed, constructed or modified and
equipped, and is intended to be used for, and is maintained or operated for the
nonemergency transportation of persons for compensation for the purpose of
obtaining medical services as provided in Section 1-142.1 of the Illinois
Vehicle Code.
"Medical Transport Vehicle" – includes
ambulances, medical carriers, and rescue vehicles as provided in Section
1-142.2 of the Illinois Vehicle Code.
"Motor Vehicle" – every vehicle which is
self-propelled and every vehicle which is propelled by electric power obtained
from overhead trolley wires, but not operated upon rails, except for vehicles
moved solely by human power and motorized wheelchairs. For this Act, motor
vehicles are divided into two divisions:
First Division: Those motor vehicles which are designed
for the carrying of not more than 10 persons.
Second Division: Those motor vehicles which are designed
for carrying more than 10 persons, those designed or used for living quarters
and those motor vehicles which are designed for pulling or carrying property,
freight or cargo, and those motor vehicles of the first division remodelled for
use and used as motor vehicles of the second division as provided in Section
1-146 of the Illinois Vehicle Code.
A second division vehicle also includes a motor vehicle of
the first division used and registered as a school bus as provided in Section
1-217 of the Illinois Vehicle Code.
"Public Transportation Vehicle" – any privately
owned first or second division motor vehicle which is intended to be used for
and is maintained or operated for the nonemergency transportation of persons
for compensation, excluding motor vehicles regulated by the Illinois Commerce
Commission.
"Rescue Vehicle" – any publicly or privately
owned vehicle which is specifically designed, configured, and equipped for the
performance of access and extrication of persons from hazardous or
life-endangering situations, as well as for the emergency transportation of
persons who are sick, injured, wounded or otherwise incapacitated or helpless
as defined in Section 1-224 of the Illinois Vehicle Code.
"School Bus" – every motor vehicle, except as
provided for in this definition, owned or operated by or for any of the
following entities for the transportation of persons regularly enrolled as
students in grade 12 or below in connection with any activity of such entity:
Any public or private primary or secondary school;
Any primary or secondary school operated by a religious
institution; or
Any public, private or religious nursery
school.
This
definition shall not include the following:
A bus operated by a public utility, municipal corporation
or common carrier authorized to conduct local or interurban transportation of
passengers when such bus is not traveling a specific school bus route but is:
on a regularly scheduled route for the transportation of
other fare paying passengers;
furnishing charter service for the transportation of
groups on field trips or other special trips or in connection with other
special events; or
being used for shuttle service between attendance centers
or other educational facilities.
A motor vehicle of the first division as provided in
Section 1-182 of the Illinois Vehicle Code.
"Taxicab" – any privately owned first division
vehicle which is intended to be used for the transportation of persons when the
payment is usually based and recorded as a taxi meter charge between a point of
origin and a destination.
"Tow Truck" – every truck designed or altered
and equipped for and used to push, tow, or draw vehicles by means of a crane,
hoist, towbar, towline or auxiliary axle, or to render assistance to disabled
vehicles as defined in Section 1-205.1 of the Illinois Vehicle Code.
b) The Department shall issue for every motor vehicle owned or
operated by a person, firm or corporation, and used for transportation of
persons or property for compensation, distinctive registration plates
displaying a special designation as provided in Sections 3-611, 3-412(e),
3-412(g), and 3-412(j) of the Illinois Vehicle Title & Registration Law of
the Illinois Vehicle Code (Ill. Rev. Stat. 1987, ch. 95½, pars. 3-611,
3-412(e), 3-412(g), and 3-412(j)). The statutory registration fee required
shall be determined based on Sections 3-806 and 3-808 of the Illinois Vehicle
Title & Registration Law of the Illinois Vehicle Code (Ill. Rev. Stat.
1987, ch. 95½, pars. 3-806 and 3-808) for vehicles of the first division and
based on gross vehicle weight as provided in Section 3-815 of the Illinois
Vehicle Title & Registration Law of the Illinois Vehicle Code (Ill. Rev.
Stat. 1987, ch. 95½, par. 3-815) for vehicles of the second division.
c) Motor vehicles privately owned by a person, firm or
corporation and used for transportation of persons or property for compensation
shall be issued the following distinctive registration plates:
1) Ambulances as defined in subsection (a) shall be issued
ambulance plates. These distinctive plates shall be numbered to denote the
following:
A) First digit – the emergency medical service region.
B) Next three digits – the number of the company providing the
service as registered with the Illinois Department of Public Aid.
C) Last two digits – the vehicle's number in the company's fleet.
2) Commuter vans as defined in subsection (a) shall be issued
registration plates with a "CM" suffix.
3) Funeral home vehicles as defined in subsection (a) shall be
issued registration plates with an "FH" suffix.
4) Livery vehicles as defined in subsection (a) shall be issued
registration plates with an "LY" suffix.
5) Medical carrier vehicles and rescue vehicles as defined in
subsection (a) shall be issued distinctive livery plates with an "MC"
suffix. These plates shall be issued to first division and second division
vehicles.
6) Public transportation vehicles as defined in subsection (a)
shall be issued registration plates with a "PT" suffix.
7) School buses as defined in subsection (a) shall be issued
registration plates with an "SB" suffix.
8) Taxicabs as defined in subsection (a) shall be issued
registration plates with a "TX" suffix.
9) Tow trucks as defined in subsection (a) shall be issued
registration plates with a "TW" suffix. The display of plates is
defined in Section 5-202 of the Illinois Vehicle Title & Registration Law
of the Illinois Vehicle Code (Ill. Rev. Stat. 1987, ch. 95½, par. 5-202).
d) Motor vehicles, not exempted from coverage in Chapter 8 of the
Illinois Vehicle Code (Ill. Rev. Stat. 1987, ch. 95½, par. 8-101 et seq.), and
which are used for the transportation of persons for compensation must file
proof of financial responsibility at the time of registration as provided in
Chapter 8 of the Illinois Vehicle Code. Additionally, medical transport
vehicles and tow trucks must file proof of compliance with the safety
inspection requirements of Section 13-101 of the Illinois Vehicle Inspection
Law of the Illinois Vehicle Code (Ill. Rev. Stat. 1987, ch. 95½, par. 13-101).
Additionally, tow trucks must file proof of insurance compliance with Section
12-606(d) of the Illinois Vehicle Equipment Law of the Illinois Vehicle Code
(Ill. Rev. Stat. 1987, ch. 95½, par. 12-606(d)). This requirement does not
apply to motor vehicles covered under the liability insurance provision under
Section 12-707.01 of the Illinois Vehicle Equipment Law of the Illinois Vehicle
Code (Ill. Rev. Stat. 1987, ch. 95½, par. 12-707.01).
(Source: Added at 13 Ill. Reg. 15102, effective September 15, 1989)
| TITLE 92: TRANSPORTATION
CHAPTER II: SECRETARY OF STATE
PART 1010
CERTIFICATES OF TITLE, REGISTRATION OF VEHICLES
SECTION 1010.440 TITLE AND REGISTRATION OF VEHICLES WITH PERMANENTLY MOUNTED EQUIPMENT
Section 1010.440 Title and
Registration of Vehicles with Permanently Mounted Equipment
a) For purposes of this Section, the following definitions shall
apply:
"Cargo and Supplies" – any commodity or object not
directly related to the mechanical operation of the permanently mounted
equipment.
"Department" – Department of Vehicle Services
within the Office of the Secretary of State.
"Not-for-hire" – operation of a commercial vehicle
in furtherance of any commercial or industrial enterprise but not For-Hire as
defined in Section 1-153 of the Illinois Vehicle Code (Ill. Rev. Stat. 1987,
ch. 95½, par. 1-153).
"Owner" – a person who holds legal title of motor
vehicle, or in the event a motor vehicle is the subject of an argument for the
conditional sale of 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, or in the event a
mortgagor of such motor vehicle is entitled to possession, then such
conditional vendee or lessee or mortgagor as defined in Section 1-55 of the
Illinois Vehicle Code (Ill. Rev. Stat. 1987, ch. 95½, par. 1-155).
"Permanently Affixed" – shall mean bolted, screwed,
welded, glued, soldered, or in any way attached to a vehicle so that a tool is
needed to unfasten the permanently mounted equipment from the vehicle.
"Permanently Mounted Equipment" – an apparatus or
instrument permanently affixed to a vehicle which is designed to perform a
specific task in and of itself such as but not limited to the following tasks:
drilling, digging, mining, and other such tasks. This definition shall not
include equipment which could function without being permanently mounted.
"Tools and Equipment" – an apparatus or instrument
necessary to the function of permanently mounted equipment such as screw
drivers and wrenches. This definition shall also include an apparatus or
instrument necessary for the function of the permanently mounted equipment such
as lubricant for a winch.
"Usage" – the amount of time used on the highway
which for purposes of this Section shall be less than fifty (50) percent of a
fiscal year.
b) Vehicle owners who have vehicles with permanently mounted
equipment shall apply for registration and pay the fee specified in Section
3-812 of the Illinois Vehicle Title and Registration Law of the Illinois
Vehicle Code (Ill. Rev. Stat. 1987, ch. 95½, par. 3-812). The classification
of license plate shall be PM. The vehicle shall also be subject to the titling
requirements of Article I of the Illinois Vehicle Title and Registration Law of
the Illinois Vehicle Code (Ill. Rev. Stat. 1987, ch. 95½, par. 3-100 et seq.)
and be used not-for-hire.
c) Applications shall be accompanied by the following:
1) a copy of the vehicle title or a copy of the current
registration;
2) the statutory fee as required by Section 3-812 of the Illinois
Vehicle Title and Registration Law of the Illinois Vehicle Code;
3) photographs of front, back, and side views of the vehicle; and
4) an affirmation statement as specified in subsection (d).
d) The affirmation statement shall contain the following
information:
1) a statement that the vehicle is operated on the highway less
than fifty (50) percent of the fiscal year; and
2) a statement that the vehicle is not used to haul cargo and
supplies.
e) The Department shall review the usage and equipment of the
vehicle for compliance with the definitions in subsection (a). Subsequent to
the mounting of the permanently mounted equipment, vehicles designed for uses
other than transporting permanently mounted equipment and tools and equipment
are not eligible to be issued PM plates. Cargo and supplies as defined in
subsection (a) shall not be transported. The Department shall review the
photographs to determine whether the vehicle is designed exclusively for the
transportation of the permanently mounted equipment.
f) If the Department has any questions as to whether a vehicle
should be issued PM plates, the Department may request the Department of Police
of the Office of Secretary of State to inspect the vehicle in question if a
Departmental decision cannot be made on the basis of the photographs.
g) If the applicant for a PM plate does not meet the criteria as
stated in this rule, the Department shall deny the application for licensing.
The title and registration application and fee shall be returned to the
applicant. The applicant may then submit a new application for title and
registration. A registration applicant who is denied may request a hearing
pursuant to Section 2-118 of the Illinois Vehicle Title and Registration Law of
the Illinois Vehicle Code (Ill. Rev. Stat. 1987, ch. 95½, par. 2-118) and 92
Ill. Adm. Code 1001.100.
h) Applications and inquiries regarding this Section should be
directed to the following:
Office of Secretary of State
Non-Standard Plate Section
Centennial Building, Room 539
Springfield, Illinois 62756
(Source: Added at 13 Ill. Reg. 1598, effective February 1, 1989)
| TITLE 92: TRANSPORTATION
CHAPTER II: SECRETARY OF STATE
PART 1010
CERTIFICATES OF TITLE, REGISTRATION OF VEHICLES
SECTION 1010.450 SPECIAL PLATES
Section 1010.450 Special
Plates
a) The term "Special Plates" means those Illinois
registration plates issued to dealers, manufacturers, transporters, and
repossessors.
b) Vehicles eligible for display of special plates, are exempt
from registration in Illinois. Special plates are subject to limitations as to
use as follows:
c) Manufacturers Plates
1) Special plates issued to a manufacturer may be displayed:
A) Upon any vehicle manufactured by the manufacturer, for any
legal purpose such as testing, demonstrating or delivering such to bona fide
consignees; and
B) Upon any vehicle manufactured by a competitor, for testing
purposes.
2) Special plates issued to a manufacturer may not be displayed:
A) Upon any vehicle rented to another person.
B) Upon any vehicle of the second division carrying cargo or
merchandise unless in actual demonstrations for purposes of sale.
C) Upon any work or service vehicle.
D) In any for-hire movement.
E) On any vehicle used permanently as a personal vehicle and not
as a demonstrator.
d) Transporter or In-transit Plates
1) Special plates issued to a transporter may be displayed:
A) Only on vehicles in-transit and in process of delivery,
operated singly or in lawful drive-away combinations.
B) Only on vehicles in-transit that the transporter is legally
authorized to transport in his regulated drive-away business.
C) On vehicles in-transit in lawful drive-away combinations, as in
saddlemount, towbar and full-mount, or combinations thereof.
D) On a vehicle in-transit laden with its own parts or with parts
of another vehicle, in-transit and in combination therewith.
E) Only on vehicles in-transit and in the process of
delivery in the State of Illinois or on vehicles being transported to or from
the State of Illinois.
2) Special plates issued to a transporter may not be displayed:
A) Upon any vehicle rented to another person.
B) Upon any vehicle of the second division hauling or carrying
cargo or merchandise, or other vehicles (except in lawful drive-away
combinations of in-transit vehicles).
C) Upon any work or service vehicles.
D) On any vehicle used as a personal vehicle.
E) On any vehicle in-transit and in the process of
delivery solely in a state other than the State of Illinois. If displayed on a
vehicle outside of the State of Illinois, the vehicle must be in-transit to or
from the State of Illinois.
3) Issuance of special plates to a transporter may
be limited to an amount as determined at the discretion of the Secretary of
State and based upon:
A) Factors including intended use, prior-use, the
number of vehicles transported in the previous calendar year, revenue, number
of employees, and compliance with applicable laws and rules regarding transporters
and the use of in-transit plates.
B) A determination by the Secretary that the transporter
is not lawfully entitled to the plates or has made or knowingly permitted any
illegal use of such plates or has committed fraud in the registration of the
vehicles or failed to give notice of transfers when and as required by law.
4) A driver transporting a vehicle bearing
in-transit plates on behalf of a transporter shall carry a copy of a work
order, contract, bill of sale, or other similar document listing the beginning
and ending destination, as well as the dates of travel, and be able to present
such document to a law enforcement officer upon request.
e) Dealer Plates
1) Special plates issued to a dealer may be displayed upon any
vehicle held for sale or resale, and
A) Upon any such vehicle, including the towing of a like plated
vehicle, for any legal purpose including pick-up at the point of manufacturing
or assembly, demonstrating, testing or delivery to the buyer; provided,
however, that any such vehicle and like plated towed vehicle so transported may
not carry any cargo or merchandise including other vehicles owned by the dealer
and held for sale or resale.
B) On any such vehicle loaned, but not rented, as a
"loaner" to a customer for temporary use the days that the customer's
car is being serviced or repaired.
C) On one truck up to 8,000 pounds owned by the dealer and used to
haul the dealer's parts incidental to the operation of business.
2) Special plates issued to a dealer may not be displayed:
A) Upon any vehicle rented to another person.
B) Upon any vehicle of the second division carrying cargo or
merchandise except as provided below on a one-trip demonstration basis.
C) Upon any work or service vehicle.
D) In any for-hire movement.
E) On any vehicle used permanently as a personal vehicle and not
as a demonstrator, such prohibited uses being defined as follows:
i) On any vehicle used by any person enrolled at and attending
an educational institution during the school term or year and to and from
school.
ii) On any vehicle used on vacation trips to areas outside the
geographic scope of normal business operations for a period in excess of 25
days.
iii) On any vehicle used by any person who is a member of the
armed forces and stationed at any military base or encampment or installation.
iv) On any vehicle used continuously for 25 or more days as a
personal vehicle by any person not an agent, servant or employee of the dealer
owning such special plate.
3) Dealer Plates and One-Trip Use
A) Notwithstanding the above limitations, dealer plates may be
used on a one-trip demonstration basis by a prospective bona fide buyer
carrying cargo or merchandise, providing that the form of document specified
herein is carried in the cab of the vehicle. Any demonstration movement shall
be limited to a period of three days.
B) Each dealer who wishes to grant to a prospective bona fide
buyer the use of a dealer plate on a one-trip demonstration for three days
shall prepare a document identical to this form in duplicate, and
i) Retain one copy in the offices of the dealer.
ii) Issue one copy to the user for display on the vehicle.
FORM REQUIRED
Date
1. Name of Dealer:
2. Address of Dealer:
3. Dealer Plate or plates being used:
4. Name of prospective buyer:
5. Date use is to begin and end:
C) Each dealer shall file an annual report listing the name of
each prospective buyer permitted to make a demonstration trip with a vehicle
identifying the plate number utilized and the dates that the demonstration trip
began and ended. The Secretary of State may prescribe the form of such report.
D) The Secretary of State may grant, in the Secretary's discretion,
a permit for a one-trip demonstration in excess of three days upon submission
of an application and showing of good cause. In determining whether good cause
is shown, the Secretary of State shall consider the type of vehicle subject to
the demonstration, the length of the extension requested, the dealer's past
experience, the purpose of the move, and the reason why the dealer feels that
more than three days are needed to demonstrate the particular vehicle.
E) The Secretary of State shall issue a temporary dealer permit
while a dealership is awaiting the arrival of their permanent dealer license
plates pursuant to Section 3-602 of the Illinois Vehicle Title and Registration
Law of the IVC and for the transportation of vehicles between the dealer's
established place of business and the exhibition/tradeshow location. Dealers
requesting a temporary dealer permit for transportation of vehicles to an
exhibition/tradeshow location shall apply in writing to the Department stating
the number of vehicles to be transported, dates of transportation, the name of
location of the exhibition/tradeshow, and the dealer's name and address. The
temporary dealer permit shall be a single permit displayed on the lower left
side of the back windshield and contain an issue and expiration date. The
temporary permit is invalid upon receipt of the permanent dealer license plates
or on the expiration date, whichever is sooner. In no event shall the temporary
permit be valid for more than 60 days.
f) Repossessor Not-For-Hire
Special plates
issued to a repossessor who is not-for-hire may be used only on a vehicle in
which the repossessor has a security interest and is repossessing, and may not
be used in for-hire operations.
g) Repossessor For-Hire
Special plates
issued to a repossessor who is for-hire may only be used on a vehicle the
repossessor is repossessing as the agent for the person with the security
interest being foreclosed, when the repossessor is acting within the regulatory
certificate of authority issued by the Interstate Commerce Commission or the
Illinois Commerce Commission.
h) Reciprocity – Special Plates
1) Reciprocity is granted to non-residents to the same extent and
degree as is granted to Illinois residents and pursuant to Illinois Agreements,
Arrangements or Declaration made pursuant to Section 3-403 of the IVC, and to
that extent, special plates from mutually reciprocal jurisdictions are
recognized in Illinois, for movements in interstate commerce only.
2) Where there is no reciprocal exemption from Illinois
requirements, one-trip in-transit permits may be issued to
"transporters" in lieu of Illinois in-transit plates, pursuant to
Sections 3-403(b) and 3-811 of the IVC
3) Reciprocity is also granted to non-residents with drive-away
permits issued by other states with a law similar to Sections 3-601(f) and
3-811 of the IVC
(Source: Amended at 49 Ill. Reg. 1590, effective January 22, 2025)
| TITLE 92: TRANSPORTATION
CHAPTER II: SECRETARY OF STATE
PART 1010
CERTIFICATES OF TITLE, REGISTRATION OF VEHICLES
SECTION 1010.451 PURPLE HEART LICENSE PLATES
Section 1010.451 Purple
Heart License Plates
a) For purposes of this Section, the following definitions shall
apply:
"Department" – Vehicle Services Department within
the Office of the Secretary of State.
"First Division Passenger Vehicles" – motor
vehicles designed to carry not more than ten (10) passengers as defined in
Section 1-146 of the Illinois Vehicle Code (Ill. Rev. Stat. 1987, ch. 95 1/2,
par. 1-146).
"Second
Division Motor Vehicles" – motor vehicles designed to carry more than ten
(10) persons, those designed or used for living quarters and those motor
vehicles which are designed for pulling or carrying freight or cargo, and those
motor vehicles of the First Division remodeled for use and used as motor
vehicles of the Second Division, as defined in Section 1-146 of the Illinois
Vehicle Code.
b) Any resident of the State of Illinois who has been awarded the
Purple Heart by a branch of the armed forces may apply for a Purple Heart
registration plate in accordance with Section 3-623 of the Illinois Vehicle
Title and Registration Law of the Illinois Vehicle Code (Ill. Rev. Stat. 1987,
ch. 95½, par. 3-623). These special registration plates shall only be issued
for first division vehicles and second division vehicles weighing eight
thousand (8,000) pounds or less.
c) An applicant wishing to obtain Purple Heart plates shall
submit one of the following to the Department: a copy of his/her discharge
from the military (DD214), a letter from the Department of Veteran's Affairs
indicating his/her status as a Purple Heart recipient, or a form issued by the
Federal Government indicating he/she is a recipient of the Purple Heart. Applicants
shall also submit the statutory annual registration fee as specified in Section
3-806 of the Illinois Vehicle Title and Registration Law of the Illinois
Vehicle Code (Ill. Rev. Stat. 1987, ch. 95½, par. 3-806).
d) In order to obtain Purple Heart plates,
1) if the present Illinois license plates expire within 60 days,
upon receipt of the preprinted renewal application, the applicant shall submit
the renewal application, proper documentation as cited in subsection (c) of
this rule, and the annual registration fee as specified in Section 3-806 of the
Illinois Vehicle Title and Registration Law of the Illinois Vehicle Code (Ill.
Rev. Stat. 1987, ch. 95½, par. 3-806);
2) if the present plates do not expire within 60 days, the
applicant shall submit his/her current registration identification card and
current registration plates as well as the verification required in subsection
(c). The applicant shall also pay a reclassification fee as provided in
Section 3-802 of the Illinois Vehicle Title and Registration Law of the
Illinois Vehicle Code (Ill. Rev. Stat. 1987, ch. 95 1/2, par. 3-802).
e) All applications and inquiries regarding the Purple Heart
plates should be directed for the following:
Office of the Secretary of State
Non-Standard Plates Sections
Centennial Building, Room 539
Springfield, Illinois 62756
(Source: Added at 12 Ill. Reg. 15193, effective September 15, 1988)
| TITLE 92: TRANSPORTATION
CHAPTER II: SECRETARY OF STATE
PART 1010
CERTIFICATES OF TITLE, REGISTRATION OF VEHICLES
SECTION 1010.452 SPECIAL EVENT LICENSE PLATES
Section 1010.452 Special
Event License Plates
a) For purposes of this Section, the following definitions shall
apply:
"License Plate Contractor" – a business currently
under contract with the Secretary of State which manufacturers the license
plates for the Secretary of State.
"Special Event Plates" – license plates issued for
commemorative purposes which can be displayed on motor vehicles in accordance
with Section 3-808(f) of the Illinois Vehicle Title & Registration Law of
the Illinois Vehicle Code (Ill. Rev. Stat. 1987, ch. 95½, par. 3-808(f)).
b) Applications for Special Event plates may be sent in care of
the Plate Control Division of the Department, to have plates issued for display
on Illinois registered vehicles in order to promote or recognize an event in
Illinois. In order to apply for the Special Event plates, the applicant shall
do the following:
1) Submit a written request for approval of Special Event plates,
addressed to the Secretary, on letterhead of the requesting organization or
activity.
2) Submit the application at least one hundred fifty (150) days
before the event.
c) The Secretary may establish limits upon the total number of
Special Event plates that may be approved in single calendar year.
Applications may be rejected on the basis of past non-compliance with Special
Event plate rules. In determining whether to reject an application grounded on
past non-compliance, the Department will evaluate the performance of the
organization or activity in remedying such non-compliance.
d) Upon approval of the Special Event plate request, the
organization shall submit plate design artwork to the Plate Control Division,
preferably in camera-ready form. The Department shall have the right to use
any plate designs or pictures of finished plates without prior notice for any
purpose related to the administration of the special event license plate
program, including but not limited to the promotion of the program by the
Department. The design for the Special Event plates shall meet the following
criteria:
1) To meet statutory requirements, the design of the plates shall
contain the word "ILLINOIS," the plate year, the date of the event,
and the phrase "LAND OF LINCOLN," pursuant to Section 3-412 of the
Illinois Vehicle Code (Ill. Rev. Stat. 1987, ch. 95½, par. 3-412). During
even-numbered years, "LAND OF LINCOLN" shall appear on the top of the
plate and the year and "ILLINOIS" on the bottom. The order is
reversed in odd-numbered years. If submitted as camera-ready art, none of
these four required elements of the design, nor the colored outline around the
edge of the plate, shall be included in the actual art.
2) The design shall, in the opinion of the Department, be in good
taste and exhibit decency.
3) The design shall differ in such matters as: design, color, or
position of logo from the design of a Special Event plate used by the same
organization in the immediately preceding year.
e) Pursuant to Section 3-808(f) of the Illinois Vehicle Title
& Registration Law of the Illinois Vehicle Code (Ill. Rev. Stat. 1987, ch.
95½, par. 3-808(f)), the total number of plates issued for a special event
shall not exceed 200 pairs. The amount of charges for the manufacture of
Special Event plates is determined by the license plate contractor. The
organization shall be responsible for the payment of manufacturing and, if
necessary, shipping charges. Billing and payment for the plates is directly
between the license plate contractor and the organization.
f) The sponsoring organization is responsible for registering
with the Plate Control Division of the Department all vehicles issued Special
Event plates, and for monitoring plate recipient compliance with rules
regarding their display. The organization shall observe the following
guidelines for registration of vehicles:
1) The Special Event plates shall only be displayed on passenger
cars or trucks or vans with an RV or "B" registration as set out in
92 Ill. Adm. Code 1030.30. The plates shall not be displayed more than sixty
(60) days prior to the event, including the days during which the event is in
progress, nor shall the plates be displayed after the last day of the event.
2) The sponsoring organization shall furnish the Department a
completed registration assignment listing of the Special Event plates issued
four (4) business days prior to the date that the plates are to be displayed.
The listing shall include:
A) the Special Event plate number issued,
B) the vehicle's Illinois license plate number,
C) the name of the vehicle's registered owner,
D) the registered owner's address,
E) the year, make and vehicle identification number.
3) While the Special Event plate is being displayed, the
regularly assigned license plate and the Registration Identification Card shall
remain in the vehicle and be made available for inspection upon demand of a law
enforcement officer.
4) A Special Event plate shall not be transferred to another
vehicle once it has been assigned and registered with the Plate Control
Division of the Department.
5) The Department reserves the right to revoke authorization for
Special Event plates if the organization has failed to comply with the
regulations in this Part. The Secretary will inform any organization in
writing of non-compliance with the Rules in this Part.
g) Any person denied a Special Event Plate may, upon written
request within 20 days of such denial, seek a hearing governed by 92 Ill. Adm.
Code 1001.
(Source: Added at 13 Ill. Reg. 5173, effective April 1, 1989)
| TITLE 92: TRANSPORTATION
CHAPTER II: SECRETARY OF STATE
PART 1010
CERTIFICATES OF TITLE, REGISTRATION OF VEHICLES
SECTION 1010.453 RETIRED ARMED FORCES LICENSE PLATES
Section 1010.453 Retired
Armed Forces License Plates
a) For purposes of this Section, the following definitions shall
apply:
"Department" – Vehicle Services Department within
the Office of the Secretary of State.
"First Division Passenger Vehicles" - motor
vehicles designed to carry not more than ten (10) persons as defined in Section
1-146 of the Illinois Vehicle Code (Ill. Rev. Stat. 1989, ch. 95½, par. 1-146).
"Second Division Motor Vehicles" – motor
vehicles designed to carry more than ten (10) persons, those motor vehicles
designed or used for living quarters, those motor vehicles which are designed
for pulling or carrying freight, cargo or implements of husbandry, and those
motor vehicles of the First Division remodeled for use and used as motor
vehicles of the Second Division, as defined in Section 1-146 of the Illinois
Vehicle Code.
b) Any resident of the State of Illinois who has been a member of
the U.S. Armed Forces may apply for Retired Armed Forces registration plates in
accordance with Section 3-624 of the Illinois Vehicle Title & Registration
Law of the Illinois Vehicle Code. These special registration plates shall only
be issued for first division vehicles and second division vehicles weighing
eight thousand (8,000) pounds or less.
c) An applicant wishing to obtain Retired Armed Forces plates
shall submit poof of retired status from the Federal Government. Proof shall consist
of the United States Uniformed Service Identification Card (DD Form 2).
Applicants shall also submit the statutory annual registration fee as specified
in Section 3-806 of the Illinois Vehicle Title & Registration Law of the
Illinois Vehicle Code.
d) In order to obtain Retired Armed Forces plates:
1) if the present Illinois license plates expire within sixty
(60) days, upon receipt of the preprinted renewal application, the applicant
shall submit the renewal application, proper documentation as cited in
subsection (c) of this Section, and the annual registration fee as specified in
Section 3-806 of the Illinois Vehicle Code; or
2) if the present plates do not expire within sixty (60) days,
the applicant shall submit his/her current registration identification card and
current registration plates as well as the verification required in subsection
(c). The applicant shall also pay a reclassification fee as provided in
Section 3-802 of the Illinois Vehicle Title & Registration Law of the Illinois
Vehicle Code.
e) All applications and inquiries regarding the Retired Armed
Forces plates should be directed to the following:
Office of the Secretary of State
Non-Standard Plates Section
Centennial Building, Room 539
Springfield, Illinois 62756
(Source: Added at 14 Ill. Reg. 19066, effective November 15, 1990)
| TITLE 92: TRANSPORTATION
CHAPTER II: SECRETARY OF STATE
PART 1010
CERTIFICATES OF TITLE, REGISTRATION OF VEHICLES
SECTION 1010.454 GOLD STAR LICENSE PLATES
Section 1010.454 Gold Star
License Plates
a) For purposes of this Section, the following definitions shall
apply:
"Department" – Vehicle Services Department within
the Office of the Secretary of State.
"First Division Passenger Vehicles" – motor vehicles
designed to carry not more than ten (10) persons as defined in Section 1-146 of
the Illinois Vehicle Code (Ill. Rev. Stat. 1989, ch. 95 1/2, par. 1-146).
"Second Division Motor Vehicles" – motor
vehicles designed to carry more than ten (10) persons, those motor vehicles
designed or used for living quarters, those motor vehicles which are designed
for pulling or carrying freight, cargo or implements of husbandry, and those
motor vehicles of the First Division remodeled for use and used as motor
vehicles of the Second Division, as defined in Section 1-146 of the Illinois
Vehicle Code.
b) Any resident of the State of Illinois who is the surviving
spouse or parent (if there is no surviving spouse) of the person who lost
his/her life while a member of the Armed Forces may apply for a Gold Star
registration plate in accordance with Section 3-806.4 of the Illinois Vehicle
Title & Registration Law of the Illinois Vehicle Code. These special
registration plates shall only be issued for first division and second division
vehicles weighing eight thousand (8,000) pounds or less.
c) An applicant wishing to obtain Gold Star plates shall complete
an affirmation form prescribed by the Secretary of State. This affirmation
form shall attest to the receipt of the Gold Star award and his/her status as
eligible spouse or parent. Applicants shall also submit a fifteen (15) dollar
fee plus the statutory annual registration fee as specified in Section 3-806 of
the Illinois Vehicle Title & Registration Law of the Illinois Vehicle Code.
The applicant shall also pay an additional two (2) dollar fee at each renewal.
d) In order to obtain Gold Star plates:
1) if the present Illinois license plates expire within sixty
(60) days, upon receipt of the preprinted renewal application, the applicant
shall submit the renewal application, proper documentation as cited in
subsection (c) of this rule, and the registration fee as specified in
subsection (c) of this rule, or
2) if the present plates do not expire within sixty (60) days,
the applicant shall submit his/her current registration identification card and
current registration plates as well as the verification required in subsection
(c). The applicant shall also pay a reclassification fee as provided in
Section 3-802 of the Illinois Vehicle Title & Registration Law of the
Illinois Vehicle Code plus the additional $15.00 fee as provided in subsection (c)
of this rule.
e) All applications and inquires regarding the Gold Star plates
should be directed to the following:
Office of the Secretary of State
Non-Standard Plates Section
Centennial Building, Room 539
Springfield, Illinois 62756
(Source: Added at 14 Ill. Reg. 19066, effective November 15, 1990)
| TITLE 92: TRANSPORTATION
CHAPTER II: SECRETARY OF STATE
PART 1010
CERTIFICATES OF TITLE, REGISTRATION OF VEHICLES
SECTION 1010.455 COLLECTIBLE LICENSE PLATES
Section 1010.455 Collectible
License Plates
a) For purposes of this Section, the following definition shall
apply:
"Collectible Plates" – license plates issued for
commemorative purposes which cannot be displayed on a motor vehicle. This type
of plate is solely for use as a collectible item.
b) Written requests may be directed to the Plate Control Division
of the Department to apply for approval of Collectible plates. Requests shall
be submitted at least ninety (90) days before the plates are needed by the
applicant.
c) A preliminary illustration of the design for the Collectible
plate shall be submitted with the letter of request. The design for the plate
shall meet the following criteria:
1) the design is such that it will not, in the opinion of the
Department, be confused with or interpreted as a valid Illinois license plate
as outlined below;
2) the phrase "LAND OF LINCOLN" does not appear in the
plate design;
3) the word "COLLECTIBLE" appears in the design;
4) number and letters are not embossed as part of the plate
design and the plates are not sequentially numbered; and
5) the plate design is, in the opinion of the Department, in good
taste and exhibits decency.
d) Designs for requested Collectible plates shall meet the
criteria described in (c) above to be approved. In addition, the Director of
Vehicles Services may, from time to time, set limits upon the total number of
Collectible plates that may be issued in a single calendar year. Such
limitations shall be grounded on the manufacturing capacity of the Secretary of
State's license plate contractor.
e) Final artwork shall be provided within a reasonable time for Collectible
plates approved by the Director of Vehicle Services, preferably in camera-ready
form. The Department shall have the right to use any plate designs or pictures
of finished plates without prior notice for any purpose related to the
administration of the Collectible plate program, including but not limited to
the promotion of the program by the Department.
f) The amount of charges for the manufacture of Collectible
plates is determined by the license plate contractor. The organization shall
be responsible for the payment of manufacturing and, if necessary, shipping
charges. Billing and payment for the plates is directly between the license
plate contractor and the organization.
(Source: Added at 13 Ill. Reg. 5173, effective April 1, 1989)
| TITLE 92: TRANSPORTATION
CHAPTER II: SECRETARY OF STATE
PART 1010
CERTIFICATES OF TITLE, REGISTRATION OF VEHICLES
SECTION 1010.456 SAMPLE LICENSE PLATES FOR MOTION PICTURE AND TELEVISION STUDIOS
Section 1010.456 Sample
License Plates For Motion Picture and Television Studios
a) For purposes of this Section, the following definitions shall
apply:
"Division" – Plate Control Division within the
Vehicle Services Department of the Office of the Secretary of State.
"'Live' License Plate" – a license plate which has
been made and is being used by an Illinois motorist or could be used because it
is contained in the Division's inventory.
"Plate Owner" – person who was assigned the license
plate number by the Department for purposes of registration.
"Sample License Plates" – license plates issued
pursuant to Section 3-619 of the Illinois Vehicle Title & Registration Law
of the Illinois Vehicle Code (Ill. Rev. Stat. 1987, ch. 95½, par. 3-619).
b) Any motion picture or television studio (film company) that
wishes to use Illinois license plates as props shall send their request in
writing on the film company's letterhead to the Division of the Department.
c) Before the plates to be used as props may be mailed to the
film company, a signed usage agreement shall be submitted to the Division. The
following agreements shall be specified in the usage agreement:
1) the applicant shall submit the proper fee specified in Section
3-619 of the Illinois Vehicle Title & Registration Law of the Illinois
Vehicle Code;
2) the applicant shall only use the license plates on the public
streets and highways of Illinois during filming unless arrangements have been
made with the proper law enforcement agency to travel to a different filming
location; and
3) the purported license plates shall not be considered actual
license plates under the Illinois Vehicle Title & Registration Law of the
Illinois Vehicle Code (Ill. Rev. Stat. 1987, ch. 95½, pars. 3-100 et seq.) and
are for artistic purposes only.
d) A film company requesting license plates with fictitious
numbers may manufacture the license plates themselves after they receive
approval from the Division. If the film company requests that the plates be
manufactured through the Division; the requesting film company shall furnish a
sample and/or picture of the desired plate if the Division's file does not
contain information on the specific plate.
e) A request can be made for "live" license plates. If
the written request for a "live" license plate is for a plate number
issued to an Illinois motorist, the Division shall obtain approval for the use
of the plate number from the plate owner. Once approval is obtained from the
plate owner, a letter is sent to the owner confirming his/her approval. The
letter shall inform the plate owner the plates will not be used on public
streets and highways as a regular registered vehicle but only as props for
filming purposes. Also his/her right of reassignment is protected as provided
in Section 3-421 of the Illinois Vehicle Title & Registration Law of the
Illinois Vehicle Code (Ill. Rev. Stat. 1987, ch. 95½, par. 3-421).
f) A request can also be made for sample vanity and personalized
plates. These plates are considered "live" plates and can be new
purchases or duplicates of issued plates. If the film company wishes to use a
vanity/personalized plate already issued to a motorist, the same procedure
outlined in subsection e shall be followed. If the film company wishes to
drive a vehicle displaying vanity/personalized plates on public streets or
highways for purposes other than the making of a film, the vehicle shall be
titled and registered in Illinois pursuant to Section 3-402(A) of the Illinois
Vehicle Title & Registration Law of the Illinois Vehicle Code (Ill. Rev.
Stat. 1987, ch. 95½, par. 3-402(A)).
(Source: Added at 13 Ill. Reg. 5173, effective April 1, 1989)
| TITLE 92: TRANSPORTATION
CHAPTER II: SECRETARY OF STATE
PART 1010
CERTIFICATES OF TITLE, REGISTRATION OF VEHICLES
SECTION 1010.457 KOREAN WAR VETERAN LICENSE PLATES
Section 1010.457 Korean War
Veteran License Plates
a) For purposes of this Section, the following definitions shall
apply:
"First Division" vehicles - motor vehicles which
are designed for carrying of not more than 10 (ten) persons as defined in
Section 1-146 of the Illinois Vehicle Code [625 ILCS 5/1-146].
"Second Division" vehicles - motor vehicles which
are designed for carrying more that 10 (ten) persons, those motor vehicles
designed or used for living quarters, those motor vehicles which are designed
for pulling or carrying freight, cargo, or implements of husbandry, and those
motor vehicles of the First Division remodelled for use and used as motor
vehicles of the Second Division as defined in Section 1-146 of the Illinois
Vehicle Code [625 ILCS 5/1-146].
b) Any resident of the State of Illinois who participated in the
United States Armed Forces during the Korean War may apply for a Korean War
Veteran registration plate in accordance with Section 3-626 of the Illinois
Vehicle Code [625 ILCS 5/3-626]. An applicant wishing to obtain Korean War
Veteran plates shall submit proof of military service between June 27, 1950 and
July 27, 1954 within the territorial limits of Korea or in waters immediately
adjacent thereto or has been issued the Korean War Service Medal. Proof shall
consist of a copy of his/her discharge from the military (DD214) indicating
applicant received a Korean War Service Medal (KSM) or a "letter of
verification" from the Illinois Department of Veterans' Affairs.
c) These special registration plates shall only be issued for
first division vehicles, second division vehicles weighing 8,000 pounds or less,
and recreational vehicles as defined by Section 1-169 of the Illinois Vehicle
Code [625 ILCS 5/1-169].
d) Applicants shall also submit a $15 (fifteen dollar) fee plus
the statutory annual registration fee as specified in Section 3-806 of the
Illinois Vehicle Code. The applicant shall also pay an additional $2 (two
dollar) fee at each renewal.
e) In order to obtain Korean War Veteran plates:
1) If the present Illinois license plates expire within sixty
(60) days, upon receipt of the preprinted renewal application, the applicant
shall submit the proper documentation as cited in subsection (b) of this
Section, the annual registration fee as specified in Section 3-806 of the
Illinois Vehicle Code, plus original issuance fee of $15 as prescribed under Section
3-626 of the Illinois Vehicle Code; or
2) If the present plates do not expire within sixty (60) days,
the applicant shall submit an Application for Vehicle Title and Registration
(VSD190.12A) indicating the current registration identification card,
verification as required in subsection (b), and the original issuance fee of
$15. The applicant shall also pay a reclassification fee as provided in
Section 3-802 of the Illinois Vehicle Code.
f) All applications and inquiries regarding the Korean War
Veteran plates should be directed to the following:
Office of the Secretary of State
Non-Standard Plates Section
Room 539, Michael Howlett Building
Springfield, Illinois 62756
(Source: Added at 19 Ill. Reg. 11947, effective August 1, 1995)
| TITLE 92: TRANSPORTATION
CHAPTER II: SECRETARY OF STATE
PART 1010
CERTIFICATES OF TITLE, REGISTRATION OF VEHICLES
SECTION 1010.458 COLLEGIATE LICENSE PLATES
Section 1010.458 Collegiate
License Plates
a) For purposes of this Section, the following definitions shall
apply:
"College"
or "University" – any accredited not-for-profit institution of higher
learning, public or private, located in the State of Illinois, as specified in
Section 10 of the Illinois Higher Education Student Assistance Act [110 ILCS
947/10].
"First
Division vehicles" – motor vehicles designed for carrying not more than 10
persons as defined in Section 1-146 of the Illinois Vehicle Code [625 ILCS
5/1-146].
"Second
Division vehicles" – motor vehicles designed for carrying more than 10
persons, motor vehicles designed or used for living quarters, motor vehicles
designed for pulling or carrying freight, cargo, or implements of husbandry,
and motor vehicles of the First Division remodeled for use and used as motor
vehicles of the Second Division as defined in Section 1-146 of the Illinois
Vehicle Code [625 ILCS 5/1-146].
"State
College and University Trust Fund" – a special fund created in the State
Treasury. Monies collected are to be distributed to each public university or
college in proportion to the number of plates sold in regard to that university
or college. These monies are to be distributed to the college or university
for the sole purpose of scholarship grant awards.
"University
Grant Fund" – a special fund created in the State Treasury. Monies
collected are to be appropriated to the Illinois Student Assistance Commission
for grant awards.
b) Any college of university wishing to participate in the
Collegiate license plate program shall submit a written request to the
Secretary of State. The request must originate from the Chief Executive of that
institution.
c) The college or university must provide a minimum of 1500
requests for the license plates. All requests must be accompanied by the
additional fee associated with the collegiate license plate.
d) Plate design shall consist of a background color (white) with
a limit or two additional colors for depicting the school logo. All plate
designs must be approved by the Secretary of State.
1) Any school's logo having a copyright attached must submit
written permission from the copyright holder prior to final approval of the
plate design.
2) Upon final approval of the plate design, the Secretary of
State shall have a minimum of 180 days to prepare and begin issuance of that
college or university license plate.
e) Any resident of the State of Illinois may purchase Collegiate
license plates in accordance with Section 3-629 of the Illinois Vehicle Code
[625 ILCS 5/3-629]. These special registration plates shall only be issued for
first division vehicles and second division vehicles weighing 8,000 pounds or
less.
f) An applicant wishing to obtain Collegiate plates shall
complete an application as prescribed by the Secretary. In accordance with
Section 3-629 of the Illinois Vehicle Code [625 ILCS 5/3-629], applicants shall
also submit an original issuance fee of $40 plus the statutory annual registration
fee as specified in Section 3-806 of the Illinois Vehicle Code [625 ILCS
5/3-806]. An additional $27 fee is applicable at each renewal.
g) Of the $40 fee, $25 is deposited into the State College and
University Trust Fund or the University Grant Fund whichever is appropriate,
$15 is deposited into the Secretary of State Special License Plate Fund as
outlined in Section 2-119(1) of the Illinois Vehicle Code [625 ILCS
5/2-119(1)].
h) In order to obtain Collegiate license plates:
1) if the present Illinois plates expire within 60 days, upon
receipt of the preprinted renewal application, the applicant shall submit the
renewal application, the original issuance fee of $40 as cited in subsection
(f) of this Section, and the registration fee as specified in Section 3-806 of
the Illinois Vehicle Code [625 ILCS 5/3-806].
2) if the present plates do not expire within 60 days, the
applicant shall submit the appropriate completed application with a copy of
his/her current registration identification card. The applicant shall also pay
a reclassification fee as provided in Section 5/3-802 of the Illinois Vehicle
Code [625 ILCS 5/3-802] plus the additional $40 fee as provided in subsection
(f).
i) Applications are available from, and should be submitted to:
Office of the Secretary of State
Non-Standard Plates Section
Michael J. Howlett Building
Springfield, IL 62756
(Source: Amended at 37 Ill.
Reg. 12578, effective July 17, 2013)
ADMINISTRATIVE CODE TITLE 92: TRANSPORTATION
CHAPTER II: SECRETARY OF STATE
PART 1010 CERTIFICATES OF TITLE, REGISTRATION OF VEHICLES
SECTION 1010.459 UNIVERSAL PLATE DECAL
Section 1010.459 Universal Plate Decal
a) Definitions
"Authorized
organization" − an entity that has statutory authority to issue a
decal to a universal special plate as set forth in the Illinois Vehicle Code.
"Universal special
plate" − a unique standard or motorcycle size registration plate
with a space on the left hand side of the registration plate measuring 2 ⅓" wide x 3" high for standard
plates or 1" wide x 1½" high for motorcycle size plates in which various
authorized organizations may create and sell decals to be placed on the
registration plate.
"Decal" − a
sticker or adhesive backed picture designed, manufactured and distributed by an
authorized organization that affixes to the universal special plate.
b) Purpose
This Section
sets forth the procedures that an authorized organization that has been
authorized to distribute a decal for the universal special plate, as
established under the IVC, must follow. The universal special plate is a plate
authorized by the General Assembly to be used as a fundraising mechanism that
multiple organizations may use to represent their various causes.
c) Authorized Organization
1) The
authorized organizations approved by the General Assembly are set forth in IVC
Section 3-699.14.
2) It is
the responsibility of the authorized organization to design the decal it
chooses to issue. The design must be approved by the Secretary prior to
issuance to the public. Upon approval of the design, it is the responsibility
of the authorized organization to purchase, distribute and maintain a
sufficient inventory of the decals.
3) The
authorized organization must make the decal available to any registered vehicle
owner who has selected the organization to support under the statute.
4) The
authorized organization shall communicate to the Secretary the method of
receipt it will issue registered vehicle owners for presentation to the
Secretary as evidence of purchase.
5) The
authorized organization may charge a one time fee not to exceed $25 per decal
to the registered vehicle owner to recoup the costs of manufacturing and
administration of the decal program.
d) Registered Vehicle Owner
1) The
registered vehicle owner must select an organization approved by the General
Assembly.
2) The
registered vehicle owner must obtain the decal from the authorized organization
of his or her choosing prior to application for the universal special plate.
Upon application, the registered vehicle owner must present a receipt, as
designated by the authorized organization, to the Secretary as evidence the
decal was purchased.
3) The
registered vehicle owner must maintain the chosen authorized organization's
decal for the entire length of the registration. To choose a different
authorized organization, one must apply for a new universal special plate.
4) The
decal must be placed in the designated area on the universal special plate.
e) Decal Sticker Requirements
1) The authorized organization must contract with a
manufacturer to produce the decal. A copy of the contract between the
authorized organization and the manufacturer must be provided to and approved
by the Secretary prior to production of the decal. The Secretary shall notify the
authorized organization within 30 days after receipt if he or she has any
objections to the terms and/or conditions of the contract. Information
concerning the costs may be redacted from the contract prior to submission.
2) All decals produced for the authorized
organization shall meet specific requirements. The decal must:
A) fit within a 2-1/3" wide x 3" high
space for a standard size registration plate.
B) fit within a 1" wide x 1½" high space
for a motorcycle size registration plate.
C) adhere to the surface of the registration plate
without the necessity of additional adhesive on the reflective material or
application surface, or the use of water, other solvents, or heat techniques.
D) be precoated with a pressure sensitive adhesive that
will create a durable bond to clean, dry, well-painted surfaces or unpainted
corrosion proof metals. The adhesive must permit application to the prescribed
surfaces and clean registration plates at temperatures as high as 125°F and as
low as -10°F. The adhesive shall remain adhered at all temperatures for a
minimum of 5 years under normal conditions of use.
E) maintain the integrity of the design chosen by
the authorized organization for a minimum of 5 years under normal conditions of
use.
3) The manufacturer must guarantee the correctness
of the decals. Defective decals that will not properly attach to a
registration plate, or those that are not properly pressure sealed, must be
replaced by the manufacturer at no cost to the Secretary or the registered
vehicle owner.
4) If, at any time, it becomes apparent that an
authorized organization's decals failed to satisfy the minimum requirements set
forth in this Section, the Secretary may order the authorized organization to
destroy all additional decals in inventory and replace any decals issued to a
vehicle owner with a decal that meets the above specifications. Any
compensation the authorized organization receives from the manufacturer when
decals are ordered to be replaced shall be determined by the terms of the
contract between the authorized organization and the manufacturer. The
authorized organization shall not issue any additional decals until the defect
has been addressed to the satisfaction of the Secretary.
(Source: Amended at 46 Ill. Reg. 16391,
effective September 16, 2022)
|
| TITLE 92: TRANSPORTATION
CHAPTER II: SECRETARY OF STATE
PART 1010
CERTIFICATES OF TITLE, REGISTRATION OF VEHICLES
SECTION 1010.460 SPECIAL PLATES FOR MEMBERS OF THE UNITED STATES ARMED FORCES RESERVES
Section 1010.460 Special
Plates for Members of the United States Armed Forces Reserves
a) Definitions
For the purposes of Ill. Rev. Stat. 1985, ch. 95½, par.
3-622:
A member of the "Reserves" means any person
classified as a Ready Reserve under 10 U.S.C. 268 (1982), that is, a Reserve
subject to active duty pursuant to 10 U.S.C. 672 and/or 673 (1982). Members of
the Reserves shall not include either Standby Reserves or Retired Reserves.
"United States Armed Forces Reserves" shall mean
members of the Air Force Reserve, Army Reserve, Coast Guard Reserve, Marine
Corps Reserve and Naval Reserve.
b) Application Procedure
1) Affirmation Form
In addition to the registration application or renewal form
and applicable registration fees submitted by all vehicle registrants, an
application for the U.S. Armed Forces Reserves plate shall include an
affirmation form signed by the applicant and the unit commander or his representative.
The affirmation form shall list the applicant's name and address in Illinois,
designate the applicant's unit, and specify the expiration date of the
applicant and the unit commander or his representative shall affirm that the
information supplied is true and correct and may be verified by the records of
the U.S. Armed Forces Reserves.
2) An affirmation form shall be submitted for each registration
year, unless the form previously filed indicates the term of enlistment or
appointment covers the 12 month registration year for which the license plate
will be issued.
3) To obtain the U.S. Armed Forces Reserves plate prior to the
expiration of the vehicle's current registration, the applicant shall pay a
registration reclassification fee and surrender the vehicle's current license
plates.
c) Plate Design
The U.S. Armed Forces Reserves plates are red and blue on a
white background. The capital letter "R" designates Reserves
status. On the left side the words "Armed Forces Reserves" circle five
stars, symbolizing the five branches of the U.S. Armed Forces Reserves.
d) Miscellaneous
1) The applicant's term of enlistment or appointment must include
the full twelve months of the registration year.
2) The Secretary of State shall revoke an U.S. Armed Forces
Reserves plate issued to any individual not a member of the U.S. Armed Forces
Reserves during the registration year for which the plate was issued.
3) Every applicant must be an Illinois resident (Ill. Rev.
Stat. 1985, ch. 95½, par. 3-622) although he or she may be stationed or perform
reserve duty outside of Illinois.
4) The U.S. Armed Forces Reserves plate shall only be issued
for passenger vehicles of the first division or motor vehicles of the second
division weighing not more than 8000 pounds (Ill. Rev. Stat. 1985, ch. 95½,
par. 3-622).
5) The fees for the U.S. Armed Forces Reserves plate shall be the
same as passenger vehicles (Ill. Rev. Stat. 1985, ch. 95½, par. 3-806) and
Class B trucks (Ill. Rev. Stat. 1985, ch. 95½, par. 3-815).
6) Applications for and questions about the U.S. Armed Forces
Reserves license plate should be directed to the Secretary of State,
Non-Standard Plates Section, Room 539 Centennial Building, Springfield,
Illinois 62706.
(Source: Amended at 10 Ill. Reg. 14308, effective August 19, 1986)
ADMINISTRATIVE CODE TITLE 92: TRANSPORTATION
CHAPTER II: SECRETARY OF STATE
PART 1010 CERTIFICATES OF TITLE, REGISTRATION OF VEHICLES
SECTION 1010.463 VANITY AND PERSONALIZED LICENSE PLATE CRITERIA
Section 1010.463 Vanity and Personalized License Plate
Criteria
a) Definitions.
For purposes of this Section, the following definitions shall apply:
"Registration number"
means the combination of letters, numbers, and spaces on a vehicle license
plate.
"Vanity or personalized
license plates" means license plates with a registration number chosen by
a person, rather than assigned by the Secretary of State, displaying a
combination of registration numbers as specified under Section 3-405.1 of the
Illinois Vehicle Code.
b) Application.
Any person who is the registered owner of: a passenger motor vehicle of the
first division; a motor vehicle of the second division weighing 8,000 pounds or
less; a trailer weighing 8,000 pounds or less paying the flat weight tax; a
funeral home vehicle; an electric vehicle; or a recreational vehicle registered
with the Secretary of State, or who makes application for an original
registration or renewal registration of such a vehicle, may, upon payment of a
fee prescribed in Section 3-806.1 or Section 3-806.5 of the Illinois Vehicle
Code, apply to the Secretary of State for vanity or personalized license plates.
The Secretary may require applicants to include a brief explanation of the
meaning or message represented by the proposed registration number for the
vanity or personalized license plates. [625 ILCS 5/3-405.1(b)]
c) Application
Denial.
1) The
Secretary of State shall reject any application for the issuance of a
registration number for vanity or personalized license plates bearing a
combination of letters or numbers, or both, which creates a potential
duplication or, in the opinion of the Secretary:
A) would
substantially interfere with plate identification for law enforcement purposes;
B) is
misleading; or
C) creates
a connotation that is offensive to good taste and decency. [625 ILCS
5/3-405.2]
2) For
purposes of this Section, the same combination of letters or numbers issued to
two or more different plate types or plate categories shall not be considered
plate duplication.
d) Offensive
License Plates. For purposes of this Section, a vanity or personalized license
plate that creates a connotation that is "offensive to good taste and
decency" includes any registration number that:
1) Has
connotations that are vulgar, profane, or obscene;
2) Makes
derogatory reference to a group based on age, race, nationality, ethnicity, sex,
gender, gender identity, sexual orientation, or religion, or expresses contempt
for or ridicule or superiority of a class of persons;
3) Refers
to, or connotes, illegal substances, including, but not limited to, reference
to the substance, paraphernalia, sale, use, purveyor of, or physiological state
produced by any illicit drug, narcotic, or intoxicant;
4) Refers
to, or connotes, sexual terms and intimate body parts or bodily functions and
fluids, including, but not limited to, breasts, genitalia, pubic area,
buttocks, or relates to sexual or eliminatory functions;
5) Refers
to, or connotes, criminal acts or acts of violence; or
6) Uses
linguistics, letters, numbers, phonetics, translations from foreign languages,
slang terms, upside-down or reverse reading, or a registration number in
combination with the established plate design to achieve a reference or connotation
described in subsections (d)(1) through (5).
e) Application
Denial Process. Applications for vanity or personalized license plates shall
be reviewed by the Secretary using the criteria established under subsections
(c) and (d). If the application for vanity or personalized license plates is
denied, the Secretary shall inform the applicant, in writing, of the reason for
the denial and provide the applicant with an opportunity to either submit a
different registration number for the plate or appeal the Secretary's decision.
An applicant may make a written request appealing the denial within 30 days
after the date of the Secretary's denial notice to an address provided by the
Secretary in the denial notice. Requests for appeal received by the Secretary after
the 30-day period will not be considered. The Secretary's decision on the
appeal shall be delivered to the applicant in writing.
f) Plate
Complaints. The Secretary shall accept complaints regarding vanity or
personalized license plates in a form as prescribed by the Secretary. Each
complaint received by the Secretary shall be reviewed using the criteria
established under subsections (c) and (d). Any license plate determined to be
in violation of the criteria shall be subject to revocation as provided under
subsection (g).
g) Plate
Revocation Process. The Secretary shall revoke any previously issued vanity or
personalized license plate that has been determined to be in violation of the
criteria established under subsections (c) and (d). Any such revocation shall
be subject to the following procedure:
1) The
Secretary shall, in writing, notify the plate holder of the revocation, along
with a reason for the revocation, and require the plate holder to surrender the
plates to the Secretary within 30 days after the date of the Secretary's
revocation notice, unless the plate holder requests an appeal or, if after
receiving an appeal decision, requests an administrative hearing.
2) Any
person who has been directed to surrender vanity or personalized license plates
may submit a written request appealing the revocation as prescribed under
subsection (e). Requests for appeal received by the Secretary after the 30-day
period will not be considered. The Secretary's decision on the appeal shall be
delivered to the plate holder in writing.
3) The
Secretary shall cancel the license plates of a vehicle if the person subject to
a revocation notice under this subsection (g) does not surrender the license
plates within 30 days after the date of the Secretary's revocation notice or,
if the person timely requests an appeal or an administrative hearing, within 30
days after the Secretary issues a final decision.
4) Any
person who has plates revoked under this subsection (g) may acquire at no
charge new plates and any required stickers of the same category and for the
same period of registration. [625 ILCS 5/3-405.2]
h) Administrative
Hearing. Any person receiving written notice of an appeal decision issued by
the Secretary under this Section may, within 30 days after the date of the
notice, petition for a hearing to contest the denial or revocation of vanity or
personalized license plates by sending a request for appeal to the address
noted in the decision issued by the Secretary. Hearings shall be held pursuant
to the provisions of Section 2-118 of the Illinois Vehicle Code and 92 Ill.
Adm. Code 1001.
i) Any
review of vanity or personalized license plates under this Section shall be
conducted under the following levels of review using the criteria established
under subsections (c) and (d):
1) Initial
Staff Review. Personnel of the Secretary of State Vehicle Services Department
shall review vanity or personalized license plates.
2) Post-staff
Review Group. If, after initial staff review, there remains uncertainty as to
whether a vanity or personalized license plate should be denied or revoked
under the established criteria, review of the license plate shall be submitted
to the Post-staff Review Group. The Post-staff Review Group shall, at a minimum,
consist of the following persons:
A) a
designee of the Director of the Secretary of State's Vehicle Services
Department; and
B) at
least 2 attorneys from the Secretary of State's General Counsel's Office as
designated by the General Counsel.
3) Appeals
Group. A timely appeal from a decision to deny or revoke a vanity or
personalized license plate made pursuant to subsections (e) and (g) shall be
directed to the Vanity and Personalized License Plate Appeals Group. The
Appeals Group shall, at a minimum, consist of the following persons:
A) the
Chief of Staff of the Secretary of State, or a designee;
B) the
General Counsel of the Secretary of State, or a designee; and
C) the
Director of the Secretary of State's Vehicle Services Department, or a
designee.
4) Administrative
Hearings. After a decision on appeal, a request for an administrative hearing
on the denial or revocation of the vanity or personalized license plate may be
submitted pursuant to subsection (h). This decision is a final administrative
decision reviewable under the Administrative Review Law [735 ILCS 5/Art. III].
(Source: Added at 49 Ill. Reg. 10033,
effective July 15, 2025)
|
| TITLE 92: TRANSPORTATION
CHAPTER II: SECRETARY OF STATE
PART 1010
CERTIFICATES OF TITLE, REGISTRATION OF VEHICLES
SECTION 1010.465 REQUESTS FOR GENERAL ISSUANCE SPECIALTY LICENSE PLATES
Section 1010.465 Requests for General Issuance Specialty
License Plates
a) For purposes of this
Section, the following definition shall apply:
"General Issuance Specialty
Plate" means registration plates that have been authorized by Illinois statute with the primary goal of raising funds for a specific organization or
organizations. These plates are available to the general public and not
awarded based on any specific qualifying criteria.
b) The
Secretary will begin production of a new general issuance license specialty
plate category only after receiving 1,500 requests for that particular plate.
If 1,500 requests are not received within 2 years after the effective date of
the authorizing legislation, the license plate category will no longer be
considered for production.
c) All
requests will be on a form designated by the Secretary and will be accompanied
by the fundraising organization's portion of the additional fee associated with
that plate. All fees collected under this Section are non-refundable and will
be deposited in the special fund as designated in the enabling legislation,
regardless of whether the plate is produced. The form can be found in Appendix
D and at the Secretary of State website, specifically http://www.cyberdriveillinois.com/publications/pdf_publications/vsd702.pdf.
d) The
design and color of the plates is wholly within the discretion of the
Secretary, except the Illinois State Police, the Secretary of State Police and
either the Illinois Sheriff's Association or the Illinois Association of Chiefs
of Police must approve the design.
e) Any
fundraising organization seeking to change the design of the plate must meet
the following requirements:
1) The
organization's plate must have been produced and available to the general
public for no less than 10 years; and
2) The
organization must agree to reimburse the Secretary for the following costs:
A) $12
replating cost for each vehicle currently displaying the organization's license
plate;
B) the
contracted price paid by the Secretary for any unissued license plates; and
C) the
contracted price paid by the Secretary for any unused license plate sheeting.
f) Any
license plate that is redesigned under the provisions of subsection (e) must
meet the requirement set forth in subsection (d) prior to issuance by the
Secretary.
(Source: Amended at 37 Ill.
Reg. 12578, effective July 17, 2013)
| TITLE 92: TRANSPORTATION
CHAPTER II: SECRETARY OF STATE
PART 1010
CERTIFICATES OF TITLE, REGISTRATION OF VEHICLES
SECTION 1010.470 DEALER PLATE RECORDS
Section 1010.470 Dealer
Plate Records
The dealer ledger book shall
also contain a record of the assignment of dealer plates to employees of the
dealer and a written record of the persons to whom the dealer has sold
driveaway decal permits.
| TITLE 92: TRANSPORTATION
CHAPTER II: SECRETARY OF STATE
PART 1010
CERTIFICATES OF TITLE, REGISTRATION OF VEHICLES
SECTION 1010.480 STATE OF ILLINOIS IN-TRANSIT PLATES
Section 1010.480 State of
Illinois In-Transit Plates
a) The Secretary of State may issue to any State agency financed
by funds appropriated by the General Assembly, special State of Illinois
In-Transit Plates.
b) Said plates shall only be allowed on State owned vehicles and
used only for the following purposes:
1) The transportation of newly acquired vehicles to the
dealership for warranty repairs; or
2) The transportation of used vehicles to auction for securing
sale; or
3) The transportation of vehicles for use in other geographical
locations within the State of Illinois; or
4) The transportation of vehicles for any special use when such
vehicles do not have permanent registration plates.
c) Said special plates shall have the following characteristics:
1) Bear the words "STATE OF ILLINOIS IN-TRANSIT";
2) A plate number and the year issued;
3) Shall not have an expiration date. Said plates shall be
issued for an indefinite period of time.
d) If a special plate is lost or stolen or needs to be replaced,
the State agency shall make written request for replacement, stating the
reasons why. If no replacement is requested then written notice shall be given
to the Secretary of State that said special plate is no longer needed.
SUBPART F: FEES
| TITLE 92: TRANSPORTATION
CHAPTER II: SECRETARY OF STATE
PART 1010
CERTIFICATES OF TITLE, REGISTRATION OF VEHICLES
SECTION 1010.510 DETERMINATION OF REGISTRATION FEES
Section 1010.510
Determination of Registration Fees
a) References
1) Subject
This Section describes the determination of registration
fees.
2) Authority
This Section
is promulgated under the general authority of Section 2-104 of the Illinois
Vehicle Code and based on the provisions of Section 3-803 of the Illinois
Vehicle Code [IVC] [625 ILCS 5/2-104 and 3-803].
3) References
The following
Sections of the Illinois Vehicle Code are referenced in this Section:
3-801 3-803
3-802 806
4) Definitions
"Delayed
registration affirmation" means a statement by the owner that the vehicle
to be registered has not been operated on the public highways during his
ownership. The Office of the Secretary of State shall deny a delayed
registration affirmation if all the information requested is not supplied or if
the information provided is in conflict with other information.
To
"operate" a vehicle means to cause the vehicle to move about the
public highways under the vehicle's own power. Towing a vehicle shall not be
considered operating the vehicle.
5) Interpretive Comment
A) Section 3-803 of the Illinois Vehicle Code establishes the
policy that certain individuals are entitled to a reduced registration fee
under specific conditions. By Section 3-803(a), persons who are eligible for a
reduction are those who:
i) acquire the vehicle after the beginning of... the applicable registration
period; or
ii) independent of when the vehicle was acquired, have a vehicle which
became subject to registration after the beginning of the
applicable registration period.
B) Subsections (b) through (d) of Section 3-803 of the Illinois
Vehicle Code establish the percent of the permissible reduction to which each
class of registrants is entitled and the qualifying times.
C) In Subsections (b) and (d) the term "or which become
subject to registration after the beginning of a registration period..."
does not appear even though it appears in Subsection (a). It is our
interpretation that the Legislature intended the broader statement of
Subsection (a) to apply throughout Section 3-803 of the Illinois Vehicle Code,
and that a vehicle is not subject to registration until the owner uses it on
public highways. Therefore, an individual who purchases a vehicle which is
specially outfitted or stored does not become subject to registration until the
vehicle is so outfitted or removed from storage and the owner operates the
vehicle on public highways. If such operation occurs after a qualifying time
period for fee reduction, then such individual is entitled to such fee
reduction. Guidelines for determining the date a vehicle becomes subject to
registration are set forth in subsection (a)(6), below.
D) Subsections (e) and (f) of Section 3-803 of the Illinois
Vehicle Code establish certain types of registration to which fee reduction
cannot apply under any circumstance.
E) Grace Period
i) Section 3-801 of the Illinois Vehicle Title and Registration
Law of the Illinois Vehicle Code [625 ILCS 5/3-801] provides a 24 hour grace
period applicable only to vehicle sales between individuals to allow the buyer
to drive the vehicle from the point of sale to the individual's residence or to
a facility to obtain registration. Evidence of ownership shall be carried on
the vehicle and shall consist of a properly assigned title to the new owner or
a bill of sale which contains but is not limited to the following information:
the name and address of the seller and buyer; the year, make, serial number of
the vehicle; and the date of the sale. Once the vehicle has been operated upon
the public highways, however, the owner shall apply for registration within 24
hours of such operation. The owner's subsequent plans for the vehicle
(storage, special outfitting, etc.) are irrelevant. The fee reductions of
Section 3-802(b)-(d) are not available once the vehicle has been operated on
the public highways.
ii) Vehicles operated with a 5 day permit but not operated after
the expiration of the permit shall become subject to registration as provided
in subsection (a)(6).
iii) If the vehicle was towed to its new destination, the vehicle
shall be subject to registration as provided in subsection (a)(6), infra.
6) Date Vehicles Become Subject to Registration
A) The date the vehicle is first operated on the public highways
by the present owner determines the date the vehicle becomes subject to
registration. However, if the date of initial operation of the vehicle is
unknown to the personnel of the Department of Vehicle Services, the date upon
which the vehicle becomes subject to registration shall be determined by
subsection (a)(6) (B) or (C) below.
B) The purchase date shall be used to determine when the vehicle
became subject to registration if the title and registration application date
is within six months of the purchase date, and no delayed registration
affirmation accompanied the registration application.
C) The application date shall be used to determine when the
vehicle became subject to registration if:
i) the title and registration application date is within six
months after the purchase date and the owner submits a delayed registration
affirmation; or
ii) the title and registration application date is more than six
months after the purchase date; or
iii) the vehicle was previously titled but was not registered; or
iv) the vehicle had been registered within the preceding 12
months, but the plates have been transferred to another vehicle.
D) For purposes of Section 3-803(f) of the IVC, the date the
applicant becomes a resident of this state shall determine when the vehicle
became subject to registration if the vehicle, within the preceding 12-month
registration year, had been titled and registered in this state but currently
is registered in another state. The owner shall submit proper proof that the
vehicle had been validly registered in the other state during this period. The
other state's vehicle registration card shall provide such proof. If this card
is unavailable, the Secretary shall request verification of current
registration from the other state. Upon providing such verification, the
vehicle owner shall not be assessed registration fees for any prior
registration period.
b) Calendar Year Registration
1) The registration fees and taxes imposed upon vehicles
registered on an annual registration year basis shall be reduced by 50 percent
when the vehicle becomes subject to registration on or after June 15, but
before December 1 of a given calendar year. This subsection shall apply to
passenger cars used as taxicabs or livery, and to vehicles registered with
funeral home, ambulance, or honorary consular license plates.
2) Reduced Registration
A) Within any calendar year, if an applicant becomes the owner of
a vehicle of the first division prior to June 15, and the vehicle is in fact
not used or operated on a highway of this State prior to June 15;
B) Then the applicant shall be entitled to a reduced registration
in the manner provided for in subsection (b)(1) above, upon compliance with the
procedures of subsection (b)(3) below.
3) Delayed Registration Affirmation
A) If the vehicle was purchased within six months after the
application date, the applicant shall submit a delayed registration affirmation
to be eligible for reduced fees and taxes under subsection (b)(2), above.
B) If the vehicle was purchased more than six months prior to the
application date, a delayed registration affirmation shall not be required.
4) A person who becomes the owner of a vehicle after December 1
of any calendar year shall be permitted to register that vehicle for the
following registration period without being required to register the vehicle
for the current or any previous registration period.
5) If a person becomes the owner of a vehicle before December 1
of any calendar year, but applies for registration after December 1, then such
person shall be permitted to register that vehicle for the following registration
period without being required to register the vehicle for the current or any
previous registration period provided that the delayed registration affirmation
indicates that the vehicle has not been operated prior to December 1 or that
the purchase date is six months or more from the date of the registration
application, as provided in subsection (a)(6).
c) Registration of Motorcycles, Motor Driven Cycles, and
Pedalcycles
1) The registration fees and taxes imposed upon motorcycles,
motor driven cycles, and pedalcycles, shall be reduced by 50 percent when the
vehicle becomes subject to registration on or after September 16 of a given
calendar year but prior to March 1 of the following calendar year.
2) Reduced Registration
A) If an applicant becomes the owner of a motorcycle, motor driven
cycle, or a pedalcycle prior to September 16 and the vehicle is in fact not
used or operated on a highway of this State prior to September 16;
B) Then the applicant shall be entitled to a reduced registration
in the manner provided for in subsection (c)(1) above, upon compliance with the
procedures of subsection (c)(3) below.
3) Delayed Registration Affirmation
A) If the vehicle was purchased within six months after the
application date, the applicant shall submit a delayed registration affirmation
to be eligible for reduced fees and taxes under subsection (c)(2), above.
B) If the vehicle was purchased more than six months prior to the
application date, a delayed registration affirmation shall not be required.
4) A person who becomes the owner of a vehicle after March 1 of
any calendar year shall be permitted to register that vehicle for the following
registration period without being required to register the vehicle for the
current or any previous registration period.
5) If a person becomes the owner of a vehicle before March 1 of
any calendar year but applies for registration after March 1, then such person
shall be permitted to register that vehicle for the following registration
period without being required to register the vehicle for the current or any
previous registration periods provided that the delayed registration
affirmation indicates that the vehicle has not been operated prior to March 1
or that the purchase date is six months or more from the date of the
registration application, as provided in subsection (a)(6).
(Source: Amended at 22 Ill. Reg. 8521, effective April 28, 1998)
| TITLE 92: TRANSPORTATION
CHAPTER II: SECRETARY OF STATE
PART 1010
CERTIFICATES OF TITLE, REGISTRATION OF VEHICLES
SECTION 1010.520 WHEN FEES RETURNABLE
Section 1010.520 When Fees
Returnable
a) The Secretary of State may reduce by interlineation the amount
of any personal check, or corporate check or company check drawn on the account
of and delivered by any person applying for any license, title, or permit which
requires payment of a fee or tax.
b) The drawer of the check shall be notified in writing of such
reduction.
c) Any check reduced pursuant to above shall be endorsed by the
Secretary of State as follows: " The amount of this check is warranted
to be $_________."
(Source: Amended at 14 Ill. Reg. 12267, effective July 16, 1990)
| TITLE 92: TRANSPORTATION
CHAPTER II: SECRETARY OF STATE
PART 1010
CERTIFICATES OF TITLE, REGISTRATION OF VEHICLES
SECTION 1010.530 CIRCUIT BREAKER REGISTRATION DISCOUNT
Section 1010.530 Circuit
Breaker Registration Discount
a) Definitions
"Circuit Breaker Law" refers to the Senior Citizens
and Disabled Persons Property Tax Relief and Pharmaceutical Assistance Act, Ill.
Rev. Stat. 1985 Supp., ch. 67½, sec. 401 et seq., and section 3-806.3 of the
Illinois Vehicle Code, Ill. Rev. Stat. 1985 Supp., ch. 95½, sec. 3-806.3.
"Circuit Breaker Discount Card" means a document
issued by the Secretary of State under the Circuit Breaker Law which entitles
qualified claimants and their spouses to a 50% reduction in vehicle
registration fees.
"Discount" means a 50% reduction in vehicle
registration fees. Personalized license plates may be obtained by Circuit
Breaker applicants, but the additional fees for the issuance and renewal of
such personalized plates will not be reduced.
b) Registration Procedures
Eligibility for this program shall be determined pursuant to
the Circuit Breaker Law and the following rules.
1) Registration Procedure
Applicants shall provide the following documents:
A) Circuit Breaker Discount Card;
B) Registration application; and
C) Payment in the amount of 50% of the appropriate registration
fee.
2) To be eligible for the discount, the claimant or the
claimant's spouse must be registered as the owner or co-owner of the vehicle.
3) Widows and widowers of qualified claimants under the Circuit
Breaker Law shall be eligible for the registration discount provided they
comply with the procedures set forth in subsection (b)(1) above and submit
their social security number for verification of eligibility.
c) Miscellaneous
1) Individuals who lose or fail to receive their Circuit Breaker
Discount Card shall include the social security number of the claimant or
spouse at the time of application. The Secretary of State's personnel shall
verify that the applicant is entitled to the discount by checking the Circuit
Breaker Discount file.
2) The Secretary of State annually shall issue the Circuit
Breaker Discount Card by February 1 based on information supplied by the
Department of Revenue.
(Source: Added at 9 Ill. Reg. 12863, effective August 2, 1985)
| TITLE 92: TRANSPORTATION
CHAPTER II: SECRETARY OF STATE
PART 1010
CERTIFICATES OF TITLE, REGISTRATION OF VEHICLES
SECTION 1010.540 FEES
Section 1010.540 Fees
a) Over-the-Counter Sales Program
In addition to
any fee set forth in subsection (b), an entity participating in the
over-the-counter program may charge an applicant for motor vehicle renewal
license plates and/or stickers $9.50. No additional charge shall be imposed
upon the applicant by any such person, firm, corporation or private
institution, or its authorized agent for distribution of motor vehicle renewal
license plates and/or stickers. The term Financial Institution, for the
purposes of this Section, shall mean any federal or State chartered bank,
savings and loan, credit union, armored carrier, and any currency exchange
either directly or indirectly through an armored carrier.
b) Electronic
Registration and Titling
1) Vendors participating in the Electronic Registration and
Titling (ERT) program may charge customers a fee for the optional service of
electronically processing their vehicle titling and registration or data and
for providing registration plates or stickers. The maximum fee to be imposed
upon a customer utilizing the ERT services shall be $35, in addition to any
other fee permitted by law or rule. However, if the ERT services are used
solely for renewing vehicle registrations, the maximum fee imposed shall be
that set forth in subsection (a). One of the two following methods shall be
used to identify the fee:
A) the fee shall be identified on the bill of sale, receipt or any
other sales documents as "Optional ERT Fee". The "Optional ERT
Fee" language shall be distinguished from other language with the use of
bold, colored, italic or underscored type or by using a larger font, but in no
case may the font size be smaller than that required by the Motor Vehicle
Retail Installment Sales Act [815 ILCS 375]. If this method is used, not later
than July 1, 2006, all pre-printed bills of sale, receipts or other sales
documents shall identify the fee as "Optional ERT Fee" in bold type;
or
B) the fee shall be identified on a separate document, including
the phrase "Optional Electronic Registration Fee", using a font size
not smaller than that required by the Motor Vehicle Retail Installment Sales
Act and with a signature line indicating the customer's acceptance or rejection
of the option of paying the fee.
2) A
service provider may charge vendors up to $14 for each ERT transaction. The
maximum ERT fee to be imposed on the customer may not exceed the amount
actually charged by the service provider to the vendor plus an amount equal to
1.5 times the amount actually charged by the service provider to the vendor,
and, therefore, the maximum fee to be imposed upon a customer utilizing the ERT
services shall be $35, in addition to any other fee permitted by statute or
rule.
(Source: Amended at 46 Ill.
Reg. 2750, effective January 25, 2022)
| TITLE 92: TRANSPORTATION
CHAPTER II: SECRETARY OF STATE
PART 1010
CERTIFICATES OF TITLE, REGISTRATION OF VEHICLES
SECTION 1010.550 DETERMINING AGE OF VEHICLE
Section
1010.550 Determining Age of Vehicle
a) When
a salvage vehicle must be inspected by the Secretary of State Police under IVC
Section 3-308, the age of the vehicle is to be determined by subtracting the
model year of the vehicle from the calendar year of inspection.
b) Ownership
of Salvage Vehicle
1) Pursuant
to IVC Section 3-117.1, when an insurance company makes a payment of damages on
a total loss claim for a vehicle, the insurance company shall be deemed the
owner of the vehicle and the vehicle shall be considered to be salvage, except as
provided in subsection (b)(2).
2) Ownership
of the following vehicles may, by agreement between the registered owner and
the insurance company, be retained by the registered owner of the vehicle:
A) a
vehicle that has incurred only hail damage that does not affect the operational
safety of the vehicle; or
B) a vehicle
that is 9 model years of age or older.
3) To
determine whether a vehicle is 9 model years of age or older, the model year of
the vehicle shall be subtracted from the calendar year in which the insurance
company makes a payment of damages.
(Source: Added at 35 Ill.
Reg. 8240, effective May 16, 2011)
SUBPART G: MISCELLANEOUS
| TITLE 92: TRANSPORTATION
CHAPTER II: SECRETARY OF STATE
PART 1010
CERTIFICATES OF TITLE, REGISTRATION OF VEHICLES
SECTION 1010.610 UNLAWFUL ACTS, FINES AND PENALTIES
Section 1010.610 Unlawful
Acts, Fines and Penalties
a) It shall be unlawful for any person to own or operate, or to
knowingly permit the operation of any vehicle on the highways of the State of
Illinois without complying with the I.V.C., or of the Rules promulgated
thereunder.
b) Upon arrest and conviction, the fines and penalties prescribed
by law shall be imposed. Proper registration in Illinois of any vehicle, after
apprehension or arrest, shall not excuse imposition of fines or penalties
provided by law, nor be cause for dismissal of the arrest or of the summons,
nor be a basis for setting aside a conviction therefor.
| TITLE 92: TRANSPORTATION
CHAPTER II: SECRETARY OF STATE
PART 1010
CERTIFICATES OF TITLE, REGISTRATION OF VEHICLES
SECTION 1010.620 CHANGE OF ENGINE
Section 1010.620 Change of
Engine
a) Where an "owner" has changed or substituted the
engine of any passenger car resulting in greater Horse Power, the
"owner" shall file an application for reclassification of the
registration to the greater Horse Power.
b) Where the "owner" of a motor vehicle has changed or
substituted the engine of any motor vehicle converting the same from gasoline
to some other fuel, the "owner" shall give written notice to the
Secretary of State of the new engine and engine number and of the type of fuel
being used. An application for reclassification shall also be filed when
required.
| TITLE 92: TRANSPORTATION
CHAPTER II: SECRETARY OF STATE
PART 1010
CERTIFICATES OF TITLE, REGISTRATION OF VEHICLES
SECTION 1010.630 EXTENSION OF EXPIRATION DATES
Section 1010.630 Extension of Expiration Dates
a) Pursuant
to the powers vested in the Secretary of State by Public Act 101-0640 and
Executive Orders 2021-01, 2021-04 and 2021-05, any motor vehicle registrations
that expired on November 30, 2020 and December 31, 2020 are extended through
March 31, 2021. This extension applies to, but is not limited to, those set
forth in the following statutes:
625 ILCS 5/3-414
625 ILCS 5/3-414.1
625 ILCS 5/3-414.5
625 ILCS 5/3-407
b) To be
eligible for the extensions set forth in this Section, vehicles must be
otherwise eligible for registration.
c) Any
penalties imposed due to the late filing of vehicle registrations shall be
waived for any vehicles subject to this Part and registered within the extended
time period provided by this Section. Any vehicle registered beyond the
applicable extended time period shall be subject to any penalties imposed due
to the late filing of vehicle registrations.
(Source: Amended at 45 Ill. Reg. 6054,
effective April 22, 2021)
SUBPART H: SECOND DIVISION VEHICLES
| TITLE 92: TRANSPORTATION
CHAPTER II: SECRETARY OF STATE
PART 1010
CERTIFICATES OF TITLE, REGISTRATION OF VEHICLES
SECTION 1010.705 RECIPROCITY
Section 1010.705 Reciprocity
a) Definition and Application
1) "Reciprocity" means the reciprocal exemption by the
Secretary of State of Illinois, from registration requirements and from
payment, wholly or partially, of any taxes or fees or other charges therefor,
as to any vehicle "properly registered" by the "owner" in a
Reciprocating State and operated in Illinois in "interstate
commerce".
2) A foreign registered vehicle is eligible for
"Reciprocity" at all times when operated in Illinois in
"interstate commerce" if:
A) Such operation is pursuant to an Illinois Agreement,
Arrangement or Declaration; and
B) Such vehicle is duly and "properly registered" by the
"owner" in a Reciprocating State; and
C) Such vehicle displays the valid and current registration plates
and card issued by the Reciprocating State; and
D) Only if the Reciprocating State grants like privileges to
Illinois residents and to vehicles "properly registered" in Illinois.
3) A foreign registered truck, truck-tractor, or motor bus
eligible for "reciprocity" and having a gross weight of 12,001 pounds
or more must also possess in the cab of the vehicle the current and valid
Illinois reciprocity permit.
b) "Properly Registered" and Proration of
Registrations.
1) A foreign registered vehicle is "properly
registered" if:
A) Registered in a Reciprocating State pursuant to law, or to an
Illinois Reciprocity Agreement, Arrangement or Declaration; or
B) Registered in a Reciprocating State and part of a fleet owned or
operated by the same person who registers that fleet prorata among the various
states in which such fleet operates including the State of Illinois; or
C) Registered in a Reciprocating State as part of a fleet of
vehicles, a portion of which are registered in Illinois under proration
provisions of an Illinois Agreement or Arrangement; and
D) Registered for the proper gross weight being imposed upon the
highways of the State of Illinois.
2) Leases vehicles shall be "properly registered" only
if registered by the lessee, who has or is entitled to possession and control.
However, where the lessor leases his vehicles only on a one-way basis or only
for daily rental, then the said leased vehicles shall be "properly
registered" by the lessor.
3) Any fleet of vehicles operated interstate may be eligible for
proration of registrations in Illinois pursuant to Illinois Agreements,
Arrangement or Declarations; and in addition:
A) A "mixed fleet", that is, one registered prorata and
operated into Illinois, must be prorated with Illinois;
B) A fleet required to be prorated under an Illinois Agreement or
Arrangement, must be prorated with Illinois.
C) A fleet from a state granting partial "Reciprocity"
to Illinois and Illinois registered vehicles may be prorated with Illinois in
lieu of full registration, and in such event, the Illinois registration fee
shall be waived and only the Illinois flat weight tax prorated.
4) Only a vehicle in such a fleet operated interstate that has a
combined gross weight, singly or in combination, together with load, of 12,001
pounds or more, and which will be operated in Illinois, may be included in a
prorate application.
5) A vehicle with a current and valid Illinois one-trip permit
shall be deemed as being properly registered for that one trip.
6) Fleets of leased vehicles shall be eligible for proration of
registrations with Illinois as follows:
A) Where the fleet is operated by the lessee, then the application
shall be filed by the lessee; and
B) Where the vehicles in such fleet are leased for one-way hauls
or for daily-use and to persons who are not fleet operators, then the
application shall be filed by the lessor.
c) Agreements and Arrangement
1) Reciprocity Agreements or Arrangements negotiated by the
Secretary of State with other States, shall be in writing, and shall become
effective when signed by the Secretary of State and the administrator of the
Reciprocating State.
2) Non-resident owned vehicles shall be required in such
Agreements or Arrangements as are operated in intrastate commerce, to be
registered in Illinois except as specifically exempted by Section 3-402 B(3)(d)
of the Code.
3) Leases vehicles shall be registered by the Lessee where the
Lessee has or is entitled to possession and control.
d) Declarations
Declarations issued by the Secretary of State may include
without limitation, any or all exemptions, benefits or privileges as may be
included in a written Agreement or Arrangement, and shall be filed with the
Administrator of the State or States affected.
e) Copies of Documents
Copies of all Illinois Agreements, Arrangements, or
Declarations shall be on file with the Index Department of the Office of the
Secretary of State, in Springfield, Illinois, and shall be available to the
public upon request for inspection during business hours, or for purchase of
copies thereof.
f) Plates for Foreign Registered Vehicles
1) Foreign registered trucks and truck tractors entitled to
Reciprocity, having a combined gross vehicle weight, singly or in combination
together with load, of 12,001 pounds or more, shall display:
A) The current and valid registration plates and card of the
reciprocating State; or
B) The current and valid Illinois Prorate Decal and Card.
2) Reciprocity Permits are issued for one or more years, whereas
Prorate Decals and Cards are issued only on a calendar year basis.
3) Illinois Registration plates issued to trucks and truck
tractors, semitrailers and trailers and registered under a prorate registration
or under apportionment, shall be on a calendar year basis. All other such
registration plates shall be on a fiscal year basis commencing July 1 of each
year.
4) Any Reciprocity Permit or Prorate Decal and card therefor,
shall be subject to revocation as to any vehicle operated wilfully in violation
of the terms of any Illinois Agreement, Arrangement or Declaration, or in
violation of the Illinois Motor Carrier of Property Law (Ill. Rev. Stat. 1981,
ch. 95½, pars. 18-100 et seq.).
g) Exempt from Illinois Reciprocity Permit requirements are the
following foreign-plated vehicles:
1) Vehicles owned by another State.
2) Vehicles owned by a local government unit of another State.
3) School buses.
4) Vehicles owned by the Federal Government.
5) Tow trucks or wreckers making an occasional interstate tow.
6) 2 axle farm trucks hauling livestock, not-for-hire, to an
Illinois point of sale or processing and return to the farm in the other State.
7) Semitrailers drawn by a properly registered truck tractor.
8) Tractors towed by a properly registered truck or truck tractor
semi combination.
9) Auxiliary axles in a combination with a properly registered
truck tractor or semitrailer.
h) Exempt from Illinois prorate Decal Requirements are the
following foreign-plated vehicles:
1) Vehicles owned by another State.
2) Vehicles owned by a local government unit of another State.
3) School Buses.
4) Vehicles owned by the Federal Government.
5) Tow trucks or wreckers making an occasional interstate tow.
6) 2 axle farm trucks hauling livestock, not-for-hire, to an
Illinois point of sale or processing and return to the farm in the other State.
7) Semitrailers drawn by a properly registered truck tractor.
(Source: Amended at 4 Ill. Reg. 17, p. 247, effective April 11, 1980)
| TITLE 92: TRANSPORTATION
CHAPTER II: SECRETARY OF STATE
PART 1010
CERTIFICATES OF TITLE, REGISTRATION OF VEHICLES
SECTION 1010.710 VEHICLE PRORATION
Section 1010.710 Vehicle
Proration
a) How Proration Works
1) Proration is a method of licensing truck and bus fleets
proportionately among several states. The proration fee is determined with
reference to the portion of the carrier's mileage generated in each of the
individual states.
2) The Illinois proration percentage is first obtained by
dividing the carrier's mileage in Illinois by the carrier's total mileage. The
Carrier then determines what it would cost if the carrier's entire fleet was
licensed in Illinois. The Illinois proration fee is then obtained by
multiplying this total fleet registration cost by the proration percentage.
3) The carrier is entitled to as many Illinois license plates as
may be purchased for this total Illinois prorate fee. Prorate decals and
identification cards are issued for the balance of the carrier's vehicles.
4) The vehicles for which Illinois license plates are issued are
entitled to full operating privileges in Illinois, both interstate and
intrastate. The vehicles for which prorate decals are issued are limited to
interstate operating privileges in Illinois, with the exception of an
incidental intrastate operation. Incidental shall be defined as 40% or less of
the payload. If "For-Hire", the carrier must have intrastate
authority.
b) Filing Date
1) Renewal applications for Vehicle Proration will be available
for filing after October 1 of the current year, and must be on file in this
office prior to December 1 of that year.
2) If the fees or taxes due are filed after the date specified by
the Secretary of State, the Secretary will prescribe the payment of interest at
the rate of 1/2 of 1% per month, or a fraction thereof,
after the date January 15 of the registration year.
c) Rules and Regulations
Pursuant to the provisions of the Illinois Vehicle Code
(IVC), the following rules and regulations have been adopted regarding vehicle
proration.
1) Proration is available only for commercial vehicles having a
combined gross weight in excess of 12,000 pounds, including the weight of the
vehicle and the maximum load, which are operated interstate. A prorate-plated
unit which fails to operate interstate in the calendar year for which the
license has been issued is subject to full Illinois fee with credit for the
amount previously paid.
2) If the applicant operates divisions of separate fleets, the
applicant must combine all of the units operated by the various divisions in
one application.
3) Applications will not be accepted unless executed and
submitted by the "owner", as defined in Section 3-400 of the Illinois
Vehicle Code. A long-term lessee is an owner.
4) Every unit in excess of 12,000 pounds operated in the State of
Illinois in interstate operations must be included on the schedule for
proration.
5) Computing the mileage and factor
A) In computing the mileage, both interstate and intrastate
mileage of interstate operations must be listed on the schedule.
B) In computing the prorate factor, however, only vehicles which
generated Illinois miles while in the service of the applicant during the
reporting period may be used.
6) Calendar Year Applications must be used for units which are to
be licensed in Illinois, and these applications must be submitted with the
Application for Vehicle Proration and Schedule for Proration. Proof of
ownership must be submitted for all units applying for Illinois Prorate base
plates. Credit will not be given for Illinois licensed vehicles unless the
applications for Illinois license accompany the prorate application. An
applicant may purchase as many Illinois license plates as may be purchased at
standard Illinois fees for all or part of the prorate fee to be due at the time
of payment. Prepare a separate application form (calendar year application)
for each vehicle to be licensed in Illinois as indicated along with the
application. Unused prorate fees cannot be used to purchase Illinois plates or
decals subsequent to filing of the original or any supplemental application.
7) A carrier who purchased Illinois license plates in excess of
the amount of prorate fees cannot use the excess as a credit to obtain
additional prorate decals applied for in subsequent supplementary applications.
8) Intrastate commerce, as defined herein, will be permitted only
for those units which are licensed in the State of Illinois and display
Illinois license plates, with the exception of an incidental intrastate
operation on a prorate decal.
9) Applications for Illinois license plates on leased vehicles
must be submitted in the name of the lessee-applicant and a lease agreement
must be attached. In the event that the lease is terminated, the license
plates can be transferred to the owner-lessor upon receipt of a transfer
application, the statutory fee, and a notarized release of interest from the
lessee.
10) Transfers of prorate decals are permitted for the statutory
fee, provided the transfer is to a unit of the same weight classification as
the unit which was deleted.
11) Every applicant is required to maintain an individual vehicle
mileage record.
d) Definitions
The following definitions govern some of the terms used in
the Application for Vehicle Proration. Please review these definitions to be
sure of accurate completion of the application.
"Combined Gross Weight": Combined gross weight
shall mean the weight of the bus, truck or truck-tractor and semitrailer unit
and the maximum load.
"Commercial Vehicle": Commercial vehicle shall
mean a bus, truck or truck-tractor and semitrailer combination having a
combined gross weight in excess of 12,000 pounds which is used or maintained
for transportation of persons or property for-hire, compensation, profit, or in
furtherance of a commercial enterprise.
"Interstate Commerce": Interstate commerce shall
mean transportation between two or more states or transportation originating in
one state and passing into or through other states for delivery in another
state, and which is not intrastate.
"Intrastate Commerce": Intrastate commerce shall
mean transportation originating at any point within this state and destined to
any other point or place within this state, irrespective of the route, highway
or highways traversed, including transportation which passes into or through
another state before delivery is made within this state, and including any act
of transportation which includes or completes a pickup within Illinois for
delivery within Illinois.
"IVMR": IVMR shall mean Individual Vehicle Mileage
Records required of all prorate carriers.
"Long-Term Lease": Long-term lease shall mean a
lease of a vehicle to a lessee for a period of 30 days or more.
"Principal Place of Business": Principal place of
business shall mean the place where any person transacts his principal
business, or where he makes up and approves his payroll, maintains a central
file of records, and maintains his principal executive offices. In the event
that not all of these functions are performed in one place, then that place
where a majority of such functions are performed or the place where such person
does, in fact, principally transact and control his business.
"Reporting Period": The period of twelve
consecutive months immediately prior to July 1 of the year immediately
preceding the commencement of the registration or license year for which
proportional registration is sought.
"Short-Term Lease": Short-term lease shall mean a
lease of a vehicle to a lessee for a period of 29 days or less, but for more
than one trip.
"Trip Lease": Trip lease shall mean a lease of a
vehicle to a lessee for a one-trip operation only.
e) Temporary Prorate Authorization Permit
1) Once an original application is on file, fees have been paid
and the immediate operation of a vehicle is necessary prior to receiving
prorate credentials from the State of Illinois, the carrier may operate the
vehicle by use of the Illinois Temporary Authorization Permit. This permit may
be obtained by writing the Commercial & Farm Truck Division in the
Secretary of State's Office.
2) The permit must be completed in full and be typed. One copy
of the permit is to be carried in the vehicle, one copy is to be retained by
the company for audit purposes, and one copy is to be forwarded to the
Secretary of State's Office along with the accompanying supplemental
application plus the appropriate fees within five (5) working days after the
permit has been issued.
3) The permits will be issued upon written request at the
statutory fee and in numerical order. Temporary permits are valid for 45 days
from the date of issuance by the company. These permits are not to be used for
the renewal of any registration.
4) All unused permits issued for that calendar year must be
returned to the Commercial & Farm Truck Division, Office of the Secretary
of State, by January 15 of the next year. For the number of expired unused
permits that are returned, the office will issue that same amount of next
year's permits free of charge, limited, however, to the renewal by a carrier of
the same account. Any permits received after January 15 will be accepted for
accountability and audit purposes only.
5) No more than one permit may be issued per vehicle. If a
permit is typed out incorrectly and needs to be voided, all three (3) copies
are to be returned to our office with a letter of explanation.
6) If all of the permits issued to a company are not accounted
for, the company will be assessed full year Illinois fees in the highest weight
or fee category for power units that the company has a power unit registered in
during the registration year in question and the company will lose its
privilege of obtaining temporary authorization permits.
f) Additional Information
1) Uniform Proration Compact
In requesting the issuance of Illinois license plates and
prorate backing plates, carriers who are prorating under the Uniform Proration
Compact should be aware of the following requirements relating to the issuance
of license plates and backing plates:
A) The carrier may designate for issuance by Illinois at least
that number of license plates for which payment could be made in full from the
amount of money paid by the carrier in prorate fees to the State of Illinois.
B) Illinois will not issue more license plates than may be
designated pursuant to subsection (1) hereof unless the applicant pays the standard
Illinois fee for the additional vehicles to be licensed in the State of
Illinois.
2) Leased Vehicles
All license plates and prorate identification issued pursuant
to this application will be issued in the name of the applicant-carrier. This
will apply even in the case of vehicles which are leased to the
applicant-carrier by the lessor. In such case, application for Illinois
registration should be made in the name of the long-term lessee with the
lessee's address. The name of the lessor may also be shown.
A) Trip Lease
i) A carrier whose fleet has been prorated with the State of
Illinois may trip lease a prorated vehicle to another carrier whose fleet has
also been prorated with the State of Illinois, provided a copy of the lease is
in the cab of the unit being operated by the lessee.
ii) The lessor, however, must maintain, for the purpose of
individual vehicle mileage records, the mileage operated under the trip lease,
and the lessor must, in filing a prorate application for the succeeding year,
record the miles operated by that truck under the trip lease. In the event
that a reciprocity carrier trip leases to a prorate carrier (lessee), the
prorate carrier must purchase an Illinois 72-hour trip permit.
B) Short-Term Lease (Less than 30 days, but for more than one
trip): The lessor must maintain, for the purpose of individual vehicle mileage
records, the mileage operated under a short-term lease and the lessor-carrier
must, in filing a prorate application for the succeeding year, report the miles
operated by any unit under a short-term lease.
C) Long-Term Lease: The registration identification card for base
plates from all jurisdictions must indicate the name of the lessee, or the
names of the lessor and lessee, if the lease is for 30 days or longer.
i) 30 days or more/prorated units – the lessee must maintain,
for the purpose of individual vehicle mileage records, the mileage operated
under a long-term lease, and the carrier must, in filing a prorate application
for the succeeding year, report the miles operated by any unit under a
long-term lease.
ii) 30 days or more/fiscal-plated units – the vehicle shall be
registered jointly in the names of the lessor and the lessee, and if said unit
has been issued an Illinois fiscal plate, then mileage generated by that unit
shall be reported on the prorate application if the unit operates interstate while
in the service of the applicant.
g) Mileage Record Keeping Requirements
1) Individual Vehicle Mileage Records
A) As a condition precedent to the filing of a prorate
application, every applicant is required to maintain individual vehicle mileage
records, hereinafter referred to as IVMR, in the form and manner prescribed in
these instructions.
B) Any registrant whose application for prorate registration has
been accepted shall preserve the records on which it is based for a period of
four years. Such records shall be made available to the Secretary of State's
Office for audit as to accuracy of computation, payments, and assessments for
deficiencies or allowances for credits, during the normal business hours of the
day.
C) The IVMR is a summary of the driver's daily logs or other
source documents that when completed will show a pattern of continuous movement
of the individual vehicle. Trips must be listed in chronological order. The
applicant will be required to explain time lapses and unaccounted for movements
in sufficient detail to permit the auditor to satisfy himself that all mileage
is properly recorded.
D) The IVMR is not to be submitted to this office. It is to be
maintained by the carrier as a mileage record from which the carrier may
complete the schedule and be available for audit.
E) An IVMR must be maintained by the applicant for each vehicle
that is a part of the fleet. IVMR's must be prepared on a monthly basis. At the
end of the mileage period, all mileage records must be made available at one
location for audit purposes.
F) The source documents comprising the IVMR's must contain the
following information:
i) Date
ii) Trip Origin & Destination
iii) Driver's Name
iv) Total Trip Miles
v) Mileage by States
vi) Vehicle Serial Number
vii) Vehicle Fleet Number
viii) Decal Number
ix) Plate Number
x) Routes Traveled
G) The IVMR must include any and all movements of the prorated
vehicle, whether loaded or empty.
H) All applicants are required to maintain IVMR's for the purpose
of accumulating the required mileage statistics. The Secretary of State will
permit the use of alternate systems when permission has been granted by the
Reciprocity-Prorate Audit Division of the Secretary of State's Office. To
obtain this permission, the following conditions must be met:
i) The applicant must submit in writing to the Office of the
Secretary of State, a request for permission to use a substitute mileage
accounting system, setting forth the reason(s) why a substitute system is
necessary.
ii) As part of the request, include samples of the form which is
proposed to be used.
iii) A detailed step-by-step procedure for the use of this system
must also be submitted.
iv) If such permission is granted, the applicant will not be
required to maintain the IVMR.
v) An applicant may continue the use of an approved alternate
system, provided the applicant does not change the system, until notification
by the Secretary of State to the contrary. The Secretary of State, through the
Reciprocity-Prorate Audit Division, will approve an alternate system if all of
the information required to be maintained above in the IVMR's is maintained,
although not in the IVMR format.
2) Monthly summaries of IVMR's must then be compiled for the
fleet.
3) Annual summaries of the fleet must be prepared from the
monthly summaries.
4) When a leasing company or any trucking service company
prepares the prorate application for any carrier, the carrier must retain
copies of the mileage information furnished as well as all supporting
documents.
(Source: Amended at 8 Ill. Reg. 5329, effective April 6, 1984)
| TITLE 92: TRANSPORTATION
CHAPTER II: SECRETARY OF STATE
PART 1010
CERTIFICATES OF TITLE, REGISTRATION OF VEHICLES
SECTION 1010.715 PRORATION FEES
Section 1010.715 Proration
Fees
a) Applications for apportionment of a fleet of vehicles shall be
due on or before December 1st of each year, but the Secretary may
grant a deferral to an applicant for cause. The fees and taxes due to the
State of Illinois from an applicant for apportionment shall be due on January 2nd,
but the Secretary may grant a deferral to an applicant up to 30 days where the
deferral is due to delay in processing of an application by the Office of the
Secretary of State.
b) The minimum fee and tax to be paid for apportionment shall be
$10. Interest at the rate of ½ of 1% per month or fraction thereof shall also
be due on fees and taxes that are due, if paid after the date specified by the
Secretary of State, and the minimum interest payment shall be $5 per applicant
if any interest is due.
| TITLE 92: TRANSPORTATION
CHAPTER II: SECRETARY OF STATE
PART 1010
CERTIFICATES OF TITLE, REGISTRATION OF VEHICLES
SECTION 1010.720 VEHICLE APPORTIONMENT
Section 1010.720 Vehicle
Apportionment
a) International Registration Plan
1) The International Registration Plan (IRP) is a method of
licensing truck and bus fleets apportionately among two or more member
jurisdictions. The apportionate fee is determined by the fleet's percentage of
miles generated in the various jurisdictions.
2) It is the purpose of the IRP to issue one (1) registration
plate and one (1) cab card to each vehicle. The cab card will indicate the
various jurisdictions in which the unit is legal to operate.
b) Applications for filing will be available after October 1 of
the current year and must be on file in this office prior to December 1 of that
year.
c) Rules and Regulations
Pursuant to the provisions of Section 3-402.1 of the Illinois
Vehicle Code (IVC), the following rules and regulations have been adopted
regarding apportionment.
1) Apportionment is required for commercial vehicles having a
combined gross weight exceeding 26,000 pounds, including the weight of the
vehicle and the maximum load, or having three or more axles, regardless of
weight, providing they operate in a jurisdiction that is a member of the IRP.
2) Illinois will accept apportionment applications for separate
fleets if a company desires, if more than one is submitted designated as Fleet
No. 1 and Fleet No. 2.
3) Miles reported
A) Mileage generated by the apportioned fleet during the preceding
year (July 1-June 30) must be included on the application.
B) Estimated mileage in IRP member jurisdictions will not be
accepted for new or expanded operations for the second registration year or
subsequent years unless the carrier pays in excess of 100% registration of a
fleet.
4) In computing the mileage, the interstate and intrastate miles
of each apportioned vehicle must be included, and reported on a fleet basis.
Estimated mileage in non-member, IRP jurisdictions will not be accepted for new
or expanded operations for the second registration year or subsequent years.
If second year estimates are listed on the schedule B, they will be deleted and
percentages computed accordingly. Miles must be included for all jurisdictions
traveled even if the carrier does not apportion in that jurisdiction. The
carrier must indicate on its application the jurisdictions in which it wishes
to apportion.
5) Carriers who apportion their vehicles may operate in
interstate or intrastate commerce, providing that they have the proper
authority from the Commerce Commission if required.
6) If a carrier operates more than one fleet, and one of the
fleets is based in a jurisdiction that is a member of the IRP, then that fleet
must be apportioned in Illinois. If the other fleet is based in a non-IRP
jurisdiction, and it will operate in Illinois, then that fleet will be required
to prorate with the State of Illinois.
7) Household Goods Carriers who are leasing equipment from
service representative may elect to base equipment in the base jurisdiction of
the service representative or that of the carrier.
8) Owner-operators who are leased on a long-term lease may be
registered in the owner-operator's name or in the lessee's name. (See Article
IX of the International Registration Plan, Appendix B)
9) Rental companies will apportion their vehicles as defined in
Article XI of the International Registration Plan (see Appendix B).
10) The State of Illinois will issue apportionment plates to
trucks, truck-tractors, full trailers, and buses.
11) Every applicant is required to maintain Individual Vehicle
Mileage Records.
12) For purposes of this rule, if an apportioned vehicle does not
operate in two or more IRP member jurisdictions for two or more consecutive
registration years, there shall arise a presumption that the vehicle was not
intended for use in two or more member jurisdictions, therefore not an
apportionable vehicle, unless otherwise shown by the applicant. Such vehicle
is then subject to 100% Illinois registration fees.
d) Vehicle Identification
1) To every vehicle registered under the IRP, Illinois will issue
an identification card.
A) Base license plate bearing APPORTIONED.
B) Apportioned cab card indicating the weights for the IRP
jurisdictions in which they are apportioned, name and address of the company,
individual, description of the vehicle, Illinois license number, etc.
2) Identification credentials must be maintained or displayed as
follows:
A) License plates must be displayed on the front of the power unit
and on the back of the semitrailer, full trailer, and bus.
B) The cab card must be carried on or in the vehicle for which it
is issued. This must be the original card. Copies are not accepted by Illinois
Law Enforcement personnel.
e) Temporary Apportionment Authorization Permit
1) Once an original application is on file, fees have been paid
and the immediate operation of a vehicle is necessary prior to receiving
apportionment credentials from the State of Illinois, the carrier may operate
the vehicle by use of the Illinois Temporary Authorization Permit. This permit
may be obtained by writing the Commercial & Farm Truck Division in the
Secretary of State's Office.
2) The permit must be completed in full and be typed. One copy
of the permit is to be carried in the vehicle, one copy is to be retained by
the company for audit purposes, and one copy is to be forwarded to the
Secretary of State's Office along with the accompanying supplemental
application plus the appropriate fees within five (5) working days after the
permit has been issued.
3) The permits will be issued upon written request at the
statutory fee each and in numerical order. Temporary permits are valid for 45
days from the date of issuance by the company. Temporary Authorization Permits
can only be used for the account number which they were originally assigned.
These permits are not to be used for the renewal of any registration.
4) The information submitted on all applications must be
identical with the description of the vehicle which was typed on the Temporary
Authorization Permit. The complete vin number must be on the Temporary
Authorization Permit and the application.
5) All unused permits issued for that calendar year must be
returned to the Commercial & Farm Truck Division of the Office of the
Secretary of State by January 15 of the next year. For the number of expired
unused permits that are returned to our office by that time, we will issue that
same amount of next year's permits free of charge, limited, however, to the
renewal by a carrier of the same account. Any permits received after January
15, will be accepted for accountability and audit purposes only.
6) No more than one permit may be issued per vehicle. If a
permit is typed out incorrectly and needs to be voided, all three (3) copies
are to be returned to our office with a letter of explanation.
7) If all of the permits issued to a company are not accounted for,
the company will be assessed full year fees in all jurisdictions in the highest
weight or fee category for power units that the company has a power unit
registered in during the registration year in question, and the company will
lose its privilege of using Temporary Authorization Permits and none will be
issued to the company.
f) Mileage Record Keeping Requirements
1) Individual Vehicle Mileage Records
A) As a condition precedent to the filing of an IRP application,
every applicant is required to maintain individual vehicle mileage records,
herein after referred to as IVMR, in the form and manner prescribed in this
rule.
B) The IVMR is a summary of the driver's daily logs or other
source documents that when completed will show a pattern of continuous movement
of the individual vehicle. Trips must be listed in chronological order. The
applicant will be required to explain time lapses and unaccounted-for movements
in sufficient detail to permit the auditor to satisfy himself that all mileage
is properly recorded.
C) The IVMR is not to be submitted to this office. It is to be
maintained by the carrier as a mileage record from which the carrier may
complete the schedule and be available for audit.
D) An IVMR must be maintained by the applicant for each vehicle
that is a part of the apportioned fleet. IVMR's must be prepared on a monthly
basis. At the end of the mileage period, all mileage records must be made
available at onelocation for audit purposes.
E) The form of the IVMR must conform to the example in the current
application and instruction book. All items of description must be completed
on the IVMR. When more than one page is used for a vehicle, the subsequent
pages must be numbered.
F) The mileage figures to be entered on IVMR's can be obtained
from various sources, such as odometer or hubometer readings, state maps, or a
household goods mileage guide, as long as the method used is consistent.
G) The source documents comprising the IVMR's must contain the
following:
i) Date
ii) Trip Origin and Destination
iii) Driver's Name
iv) Total Trip Miles
v) Mileage by States
vi) Vehicle Serial Number
vii) Fleet Number
viii) Vehicle Unit Number
ix) Plate Number
x) Routes Traveled
H) The IVMR must include any and all movements of the apportioned
vehicle, whether loaded or empty.
I) All applicants are required to maintain IVMR's for the purpose
of accumulating the required mileage statistics. The Secretary of State will
permit the use of alternate systems where permission has been received in
writing from the Office of the Secretary of State, Reciprocity-Prorate Audit
Division. To obtain this permission for the use of a substitute mileage
accounting system, the following conditions must be met:
i) The applicant must submit, in writing, to the Office of the
Secretary of State, a request for permission to use a substitute mileage
accounting system setting forth the reason(s) why a substitute system is
necessary.
ii) As part of the request, include samples of forms which are
proposed to be used.
iii) A detailed step-by-step procedure for the use of this system
must also be submitted.
iv) If such permission is granted, you will not be required to
maintain the IVMR.
v) An applicant may continue the use of an approved alternate
system, provided the applicant does not change the system, until notification
by the Secretary of State to the contrary. The Secretary of State, through the
Reciprocity-Prorate Audit Division, will approve an alternate system if all of
the information required to be maintained above in the IVMR's is maintained,
although not in the IVMR format.
2) Monthly summaries of IVMR's must then be compiled for the
fleet.
3) Annual summaries of the fleet must be prepared from the
monthly summaries.
4) When a leasing company or any trucking service company
prepares the IRP application for any carrier, the carrier must retain copies of
the mileage information furnished, as well as all supporting documents.
5) When the owner-operated (lessor) registers in the name of the
owner-operator, all required records and supporting documents must be available
for audit at the established place of business of the owner-operator.
(Source: Amended at 8 Ill. Reg. 5329, effective April 6, 1984)
| TITLE 92: TRANSPORTATION
CHAPTER II: SECRETARY OF STATE
PART 1010
CERTIFICATES OF TITLE, REGISTRATION OF VEHICLES
SECTION 1010.725 TRIP LEASING
Section 1010.725 Trip
Leasing
A trip lease is the lease of a
vehicle and its use by a lessee for one-trip. The leased vehicle must be
properly registered. Properly registered shall mean a valid base plate from
the "home state", plus any one of the following: prorate decal,
reciprocity permit, valid trip permit; or an apportionment plate qualified in
Illinois.
a) "Commercial" Vehicles: Trucks, buses, and any other
"commercial" vehicle, whether for-hire or not-for-hire, may be trip
leased for use by the lessee within Illinois subject to the following
limitations:
1) Illinois Licensed Vehicles: May be used for interstate or
intrastate operations generally.
2) Vehicles Licensed in Non-Reciprocating States: Subject to
Illinois registration requirements whether operated by the owner or by the
lessee, and may then be trip-leased for interstate movements only, with the
same limitations as in paragraph (3) below.
3) Vehicles Licensed in Reciprocating States: May be used for
interstate operations only:
A) Where the lessor is a "daily rental" operator and the
lessee is a non-fleet operator; or
B) Where the lessee is for-hire, then only if the lessee is
non-fleet operator; or
C) Where the lessee is under apportionment or proration, a 72 hour
trip permit is required.
D) Where the lessor and the lessee are under apportionment or
proration, if the lessor accumulates the miles.
E) Where the lessor is a rental operator under apportionment or
proration if the lessor accumulates the miles.
b) In all cases, trip-leases shall not be used to avoid Illinois
registration requirements, all vehicles under trip-lease must be properly
identifiable as being operated by the lessee, and the evidences of registration
issued to the owner must be in the cab of the lease vehicle.
c) In the case of a "for-hire" movement, the
"certificates, permit or registration authorizing such operation"
required by law for the lessee shall be carried in the cab of the leased
vehicle.
d) All commercial vehicles registered in another State must also
comply with the documentary requirements of Section 1730.130.
e) Trip-lease records and mileage records must be kept for audit
purposes.
(Source: Amended at 4 Ill. Reg. 17, p. 247, effective April 11, 1980)
| TITLE 92: TRANSPORTATION
CHAPTER II: SECRETARY OF STATE
PART 1010
CERTIFICATES OF TITLE, REGISTRATION OF VEHICLES
SECTION 1010.730 INTRASTATE MOVEMENTS, FOREIGN VEHICLES
Section 1010.730 Intrastate
Movements, Foreign Vehicles
a) Any motor vehicle operated upon the highways of the State of
Illinois "intrastate" shall be properly registered in and display the
current and valid registration plates and card of the State of Illinois except
herein provided.
b) Movements that are "Intrastate"
The following movements of commercial vehicles are all deemed
to be "intrastate", and must be made with motor vehicles properly
registered in Illinois:
1) Transportation of property, cargo or freight from any Illinois
point of origin to any Illinois destination.
2) Transportation of property, cargo, or freight from any
Illinois point of origin to an Illinois dock, terminal, or warehouse for
subsequent reloading or further transport.
3) Transportation wherein cargo or freight is loaded within
Illinois for an Illinois destination.
4) Transportation of persons from any Illinois point of origin to
any Illinois destination except when incidental to and concurrent with an
interstate movement by a bus, part of a bus fleet prorated with Illinois along
its interstate route.
c) Movements that may be "Intrastate" but which may be
made on foreign plates
1) The following movements are permitted by law to be made with
motor vehicles properly registered in other states:
A) "Non-Commercial" vehicle may be operated
"intrastate" within Illinois, for personal or recreational purposes
by the non-resident owner or operator, until he becomes a resident. Any
non-resident who changes his address and moves into Illinois, or who becomes
gainfully employed for a period of more than 60 days and has an abode within
Illinois, shall be deemed a resident for registration purpose.
B) A "Commercial" vehicle registered in another
jurisdiction as part of a fleet registered prorate in Illinois may conduct a
bonafide intrastate operation incidental to its interstate operations if it is
displaying a current and valid Illinois Prorate Decal together with a current
and valid foreign registration plate in any of the following intrastate
movements but no combination thereof:
i) Interstate movements in the normal course of operations and
such intrastate cargo or freight on such unit may not constitute more than 40%
of the entire cargo or freight of the vehicle conducting such movement;
ii) All of the cargo or freight on the vehicle consists of cargo
or freight which has an origin or ultimate destination outside of Illinois.
iii) Cargo or freight may be added in Illinois on a vehicle which
was brought into Illinois for delivery to another point in Illinois or beyond
provided that such carrier retains 60% of his interstate cargo on the vehicle
at the time the freight is picked up and such carrier is limited to only one
intrastate movement on said vehicle.
2) Foreign registered trucks and truck tractors must possess in
the cab of the vehicle an Illinois reciprocity permit or display a prorate
decal if 12,001 pounds or more.
d) Movements that are "Interstate" and not
"Intrastate"
The following movements of a vehicle are deemed to be
"interstate" and may be made by a vehicle "property
registered" elsewhere, so long as such vehicle possesses in the cab of the
vehicle a valid or current Illinois Reciprocity Permit, or displays a valid or
current Prorate Decal, if 12,001 pounds or more:
1) Multiple dropoffs or deliveries by a vehicle of cargo or
freight hauled into Illinois from out-of-state and any such vehicle destined
for more than one Illinois destination;
2) Partial dropoff or delivery by a vehicle of cargo or freight
hauled into Illinois and any such vehicle with one or more Illinois
destinations, with final dropoff or delivery of cargo or freight at an
out-of-state destination;
3) Multiple pickups by a vehicle of "interstate" cargo
or freight to be hauled directly out-of-state including cases where partial
dropoff or delivery of "interstate" cargo or freight hauled into
Illinois on the same vehicle was made.
4) Movement of an empty semitrailer and/or trailer between
Illinois points incidental to an interstate shipment of cargo or freight and
not normal "spotting" operation.
(Source: Amended at 4 Ill. Reg. 17, p. 247, effective April 11, 1980)
| TITLE 92: TRANSPORTATION
CHAPTER II: SECRETARY OF STATE
PART 1010
CERTIFICATES OF TITLE, REGISTRATION OF VEHICLES
SECTION 1010.735 INTERLINE MOVEMENTS
Section 1010.735 Interline
Movements
a) "Interline movements" are joint movements by two or
more carriers when the initiating carrier does not have the requisite through
"for-hire" authority, and his vehicle and driver are turned over to
another carrier with the additional authority necessary, all pursuant to the
federal or state "for-hire" laws and regulations.
b) "Commercial vehicles" operated by any person for the
transportation of persons or property, may be utilized in interline
"for-hire" movements by two or more carriers within Illinois as
follows:
1) An "Interstate" Movement may be made with a vehicle:
A) Properly registered in Illinois; or
B) Properly registered in another State if it is displaying and
Illinois One-Trip Permit; or
C) Part of a fleet apportioned with Illinois and displaying the
Illinois Prorate Decal.
2) "Intrastate" Movements must be made with vehicles
properly registered in Illinois.
| TITLE 92: TRANSPORTATION
CHAPTER II: SECRETARY OF STATE
PART 1010
CERTIFICATES OF TITLE, REGISTRATION OF VEHICLES
SECTION 1010.740 TRIP AND SHORT-TERM PERMITS
Section 1010.740 Trip and
Short-term Permits
a) One-trip permits: 72 hours or 3 calendar days.
1) Interstate Movements by "Commercial Vehicles".
A) One-trip permits for the operation within Illinois of
"commercial vehicles" whether for-hire or not-for-hire, when such are
not eligible for reciprocity, may be issued on an occasional basis or for a
specific short-term or emergency use. However, such permits are not available
for:
i) Vehicles eligible for Reciprocity and which must possess in
their cabs Illinois Reciprocity Permits.
ii) Vehicles eligible for apportionment unless, in the discretion
of the Secretary, it is impractical to apportion or prorate a particular
vehicle.
iii) Qualifying a "not-for-hire" vehicle for a
"for-hire" movement.
iv) In lieu of required registration except as herein provided.
v) To qualify a vehicle for intrastate movements unless otherwise
provided for in this rule.
B) Permits may be issued in advance of a movement in the name of
the applicant, and the applicant may then complete the vehicle data required in
advance of the movement. However, data must be typed in before the movement
commences to prevent re-use of the same permit.
C) A permit is valid for only one trip or one round-trip by one
vehicle or combination but once. Copies of used permits must be retained for
four calendar years and be available for audit.
D) A permit shall be valid for only one proper use within 90 days
after issuance and shall be void thereafter.
E) A "carnival" vehicle properly registered in a
reciprocal jurisdiction which has come to rest at a point in Illinois and which
is then to be moved to another point in Illinois in an intrastate movement
shall be eligible for a one-trip permit for carnival purposes only. No blank
permits will be issued.
F) No permit is required for a semitrailer or trailer if the
motor vehicle drawing or towing the same has a valid permit including the gross
weight of the trailing vehicle.
2) Other Limitations and Restrictions.
Limitations and restrictions affecting permits are as
follows:
A) Reclassification of any permit is not permissible.
B) Transfer of any permit is not permissible.
C) Refunds for an unused permit are not available.
D) Replacement of a lost permit is not permissible.
E) Vehicles required by law to be registered in Illinois for a
calendar or fiscal year are not eligible for any permit.
b) One-month Registration Permits.
1) A registration permit for one calendar month may be issued to
vehicles of the second division, only on an occasional basis or for a specific
and special short-term use. Such permits may not be issued to vehicles which are
required by law to be registered on an annual basis.
2) Therefore, such registrations shall be limited to the
following situations:
A) Carnival vehicles registered in other States and used only
temporarily in Illinois in intrastate movements.
B) Itinerant farm trucks registered in other States, leased by an
Illinois farmer, and the owner thereof picks produce and delivers it to the
point of first processing.
C) School buses displaying an Illinois school bus plate, for
charter operations within Illinois.
3) All such permits shall be restricted as follows:
A) No refunds will be accepted or granted.
B) Reclassification of a permit will not be permitted.
C) Transfer of a permit from one person to another or from one
vehicle to another will not be permitted.
D) Replacement of a lost permit will not be made.
E) The permit shall be subject to revocation for a violation or if
it is not affixed permanently to the vehicle.
(Source: Amended at 15 Ill. Reg. 12782, effective August 15, 1991)
| TITLE 92: TRANSPORTATION
CHAPTER II: SECRETARY OF STATE
PART 1010
CERTIFICATES OF TITLE, REGISTRATION OF VEHICLES
SECTION 1010.745 SIGNAL 30 PERMIT FOR FOREIGN REGISTRATION VEHICLES (REPEALED)
Section 1010.745 Signal 30
Permit for Foreign Registration Vehicles (Repealed)
(Source: Repealed at 14 Ill. Reg. 6848, effective April 18, 1990 )
| TITLE 92: TRANSPORTATION
CHAPTER II: SECRETARY OF STATE
PART 1010
CERTIFICATES OF TITLE, REGISTRATION OF VEHICLES
SECTION 1010.750 SIGNAL 30-YEAR-ROUND FOR PRORATED FLEETS OF LEASED VEHICLES (REPEALED)
Section 1010.750 Signal
30-Year-round for Prorated Fleets of Leased Vehicles (Repealed)
(Source: Repealed at 14 Ill. Reg. 6848, effective April 18, 1990)
| TITLE 92: TRANSPORTATION
CHAPTER II: SECRETARY OF STATE
PART 1010
CERTIFICATES OF TITLE, REGISTRATION OF VEHICLES
SECTION 1010.755 MILEAGE TAX PLATES
Section 1010.755 Mileage Tax
Plates
a) Operation of a second division vehicle, registered under the
mileage tax option, with a broken or disconnected odometer, is prohibited.
Apprehension shall result in arrest and issuance of summons, as well as any and
other penalties specified by the Code and these Rules and Regulations.
b) Election to pay the mileage weight tax, in lieu of the flat
weight tax, must be made at the beginning of the registration year, or when a
newly-acquired vehicle is first registered, and shall be binding until the end
of the registration year.
c) Reclassification of a mileage tax plate to a flat weight tax
plate is not permissible. The prescribed quarterly reports must be filed and
additional mileage taxes paid as are due.
d) Upon failure to file quarterly returns, or to pay any
additional tax or penalty found to be due by the Secretary, the election for
such vehicle is terminated, and the owner shall be required to register a
vehicle under the flat weight tax provisions of the law, and no credit is
allowable for any payments under the mileage tax option. Credit for the $8.00
registration fee, however, is allowable.
e) The election to pay the mileage tax in lieu of the flat weight
tax will be denied as to any applicant whose election has previously been
terminated or who is in default or has failed to pay any additional tax or
penalty found to be due by the Secretary.
(Source: Amended at 4 Ill. Reg. 17, p. 247, effective April 11, 1980)
| TITLE 92: TRANSPORTATION
CHAPTER II: SECRETARY OF STATE
PART 1010
CERTIFICATES OF TITLE, REGISTRATION OF VEHICLES
SECTION 1010.756 SUSPENSION OR REVOCATION OF ILLINOIS MILEAGE WEIGHT TAX PLATES
Section 1010.756 Suspension
or Revocation of Illinois Mileage Weight Tax Plates
The Secretary of State may
suspend or revoke Illinois Mileage Tax Plates and Cards therefor, upon
investigation, or upon a showing by his own records or other sufficient
evidence that:
a) Such was fraudulently or erroneously issued; or
b) The registered vehicle has been dismantled or wrecked; or
c) Required fees or taxes have not been paid and remain unpaid
after demand, and as due to the Secretary of State or the Illinois Commerce
Commission; or
d) When such is knowingly displayed upon a vehicle other than the
one for which issued and a proper transfer application has not been filed
pursuant to Sections 3-501, 3-502 and 3-504 of the Code; or
e) The owner has committed an offense under Chapter 3 of the
Code; or
f) The owner of the vehicle fails to make the quarterly report
required by this Code in Section 3-818; or
g) The vehicle has a speedometer or odometer which is
disconnected or broken.
(Source: Amended at 4 Ill. Reg. 17, p. 247, effective April 11, 1980)
| TITLE 92: TRANSPORTATION
CHAPTER II: SECRETARY OF STATE
PART 1010
CERTIFICATES OF TITLE, REGISTRATION OF VEHICLES
SECTION 1010.760 TRANSFER FOR "FOR-HIRE" LOADS
Section 1010.760 Transfer
for "For-Hire" Loads
Where a "Not-For-Hire"
vehicle is detected handling a "For-Hire" load, in addition to the
fines and penalties and registration requirements provided by this Code, or
this Section, transfer of the "For-Hire" load to a "For-Hire"
vehicle may be required by the Illinois Commerce Commission or the State Police
pursuant to Section 18-704 of the Code.
| TITLE 92: TRANSPORTATION
CHAPTER II: SECRETARY OF STATE
PART 1010
CERTIFICATES OF TITLE, REGISTRATION OF VEHICLES
SECTION 1010.765 SUSPENSION OR REVOCATION OF EXEMPTIONS AS TO FOREIGN REGISTERED VEHICLES
Section 1010.765 Suspension
or Revocation of Exemptions as to Foreign Registered Vehicles
The Secretary of State may
suspend or revoke any and every Illinois Reciprocity Permit, Illinois Prorate
Decal and Plate, or suspend, revoke or cancel, wholly or partially, benefits,
privileges and exemptions granted in any Illinois Reciprocity Agreement, Arrangement
or Declaration upon investigation, or upon a showing of his own records, or
other sufficient evidence that:
a) An Illinois Reciprocity Permit or Prorate Decal and card
therefor was fraudulently or erroneously issued or obtained; or
b) The vehicle in question has been dismantled or wrecked; or
c) Required fees or taxes have not been paid and remain unpaid
after demand, and as due to the Secretary of State or the Illinois Commerce
Commission; or
d) An Illinois Reciprocity Permit or Prorate Decal or Card
therefor has been knowingly carried in or displayed upon a vehicle other than
the one for which issued and a proper transfer application therefor has not
been filed; or
e) An offense against an Illinois Reciprocity Agreement,
Arrangement or Declaration has been committed.
f) The vehicle has been unlawfully operated
"intrastate".
g) A "Not-for-hire" vehicle has been unlawfully
operated "For-Hire".
(Source: Amended at 4 Ill. Reg. 17, p. 247, effective April 11, 1980)
| TITLE 92: TRANSPORTATION
CHAPTER II: SECRETARY OF STATE
PART 1010
CERTIFICATES OF TITLE, REGISTRATION OF VEHICLES
SECTION 1010.770 REQUIRED DOCUMENTS FOR TRUCKS AND BUSES TO DETECT "INTRASTATE" MOVEMENTS
Section 1010.770 Required
Documents for Trucks and Buses to detect "intrastate" movements
a) All motor vehicles of the second division, to wit, trucks,
tractors and buses, properly registered in another jurisdiction and displaying
the current and proper registration plates and cards of such other
jurisdiction, and carrying persons or property, cargo or freight, shall comply
with this Section in addition to either possessing in the cab of the vehicle an
Illinois Reciprocity Permit, or displaying a prorate Decal and Card, and shall
possess in the cab of the vehicle:
1) One or more documents, including but not limited to:
A) A bill of lading
B) A trip manifest
C) Dispatch record
D) Driver's log per federal requirements
E) Shipping invoice or freight bill for freight charges
F) Motor fuel receipt
G) Cargo receipt
H) The letter of authority required by Illinois law for
"For-Hire" motor carried vehicles
I) Lease identifying the Lessor and Lessee
J) Illinois Uniform Cab Card with Illinois Commerce Commission
stamp
2) Each document listed above must set forth the following
information:
A) The point of origin and destination of the vehicle.
B) The point of origin and destination of its cargo or person
being carried.
C) Whether the movement is "For-Hire" or
"Not-For-Hire".
D) The name of the consignor and of the consignee.
E) Whether the movement is "intrastate" within Illinois
or "interstate".
F) Power unit number.
G) The operator of the vehicle.
H) Whether any cargo was laden thereon in Illinois.
I) Date when such power unit entered State of Illinois.
b) Where the cargo is a full load for but one destination, then
the cargo may be identified as a "TL" load.
c) Where the cargo is a multiple shipment for various consignees
or destinations, then the cargo may be identified as "LTL-Interstate"
or "LTL-Intrastate", or "LTL-Mixed" when both
"interstate" and "intrastate" movements are involved.
d) All vehicles operated "For-Hire" must also display:
1) The federal Interstate Commerce Commission (ICC) regulatory
number;
2) The Illinois ICC regulatory number, as required by the
Illinois Commerce Commission for movement regulated by it;
(Source: Amended at 4 Ill. Reg. 17, p. 247, effective April 11, 1980)
| TITLE 92: TRANSPORTATION
CHAPTER II: SECRETARY OF STATE
PART 1010
CERTIFICATES OF TITLE, REGISTRATION OF VEHICLES
SECTION 1010.775 CERTIFICATE OF SAFETY
Section 1010.775 Certificate
of Safety
a) The I.V.C. provides that certain vehicles of the 2nd
Division and subject to inspection must display a valid certificate of safety.
b) Exempt from these requirements are the following vehicles of
the 2nd Division:
1) Those vehicles used for carrying more than 10 persons and
subject to the jurisdiction of the Illinois Commerce Commission.
2) Municipal buses displaying plates issued under Section 3-807
of the I.V.C.
3) Semitrailers or trailers having a gross weight of 5,000 pounds
or less.
4) Recreational vehicles defined by Sections 1-169, 1-109, 1-127,
1-165 of the I.V.C. and displaying recreational vehicle plates.
5) Farm Tractors.
6) Farm Machinery and Implements of Husbandry.
7) Farm wagons, wagon trailers or like vehicles when used in
agricultural pursuits.
8) Vehicles of non-resident interstate carriers in compliance
with federal requirements.
9) Vehicles bearing Illinois "antique" plates or
foreign vehicles eligible therefor.
10) Vehicles with permanently mounted machinery or equipment
eligible for registration under Section 3-812 of the I.V.C.
11) House trailers equipped and used for living quarters or for
human habitation.
c) All applications for registrations of those vehicles which are
subject to inspection shall be accompanied by proof that a valid and unrevoked
certificate of safety has been issued for such vehicles except:
Semitrailers owned by leasing companies and leased truck
operators of trucks which are in compliance with Chapter 13 of the I.V.C.
Section 1010.APPENDIX A Uniform Vehicle Registration Proration and Reciprocity Agreement
| TITLE 92: TRANSPORTATION
CHAPTER II: SECRETARY OF STATE
PART 1010
CERTIFICATES OF TITLE, REGISTRATION OF VEHICLES
SECTION 1010.APPENDIX B INTERNATIONAL REGISTRATION PLAN
Section 1010.APPENDIX B International
Registration Plan
FOREWARD
The
International Registration Plan is a registered reciprocity compact among
states of the United States and provinces of Canada providing for payment of
license fees on the basis of fleet miles operated in various jurisdictions.
The unique
feature of this Plan is that, even though license fees are paid to the various
jurisdictions in which fleet vehicles are operated, only one (1) license plate
and one (1) cab card is issued for each fleet vehicle when registered under the
Plan. A fleet vehicle is known as an apportionable vehicle and such vehicle,
insofar as registration is concerned, may be operated both interstate and
intrastate.
The
International Registration Plan is a product of the American Association of
Motor Vehicle Administrators, and this is recommended for adoption by all
jurisdictions.
I. Purpose and Principal
A. This reciprocal agreement shall be referred to, cited, and
known as the International Registration Plan.
B. It is the purpose of this agreement to promote and encourage
the fullest possible use of the highway system by authorizing the proportional
registration of fleets of vehicles, and the recognition of vehicles
proportionally registered in other jurisdictions, thus contributing to the
economic and social development and growth of the jurisdictions.
C. It is the purpose of this agreement to implement the concept of
one registration plate for one vehicle.
D. It is the purpose of the agreement to grant exemptions from
payment of certain fees when such grants are reciprocal.
E. It is the purpose of this agreement to grant reciprocity to
proportionally registered fleets of vehicles, and to provide for the
continuance of reciprocity granted to those vehicles that are not eligible for
proportional registration under the terms of this agreement.
II. Definitions Applicable to this Agreement
A. "Apportionable Fees" means any periodic recurring fee
required for licensing or registering vehicles, such as, but not limited to,
registration fees, license, and weight fees.
B. "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, used in two or more jurisdictions that allocate or
proportionally register vehicles, and is used for the transportation of persons
for-hire or designed, used, or maintained primarily for the transportation of
property, and:
1. has a gross vehicle weight in excess of 26,000 pounds; or
2. has three or more axles, regardless of weight; or
3. is used in combination when the weight of such combination
exceeds 26,000 pounds gross vehicle weight.
Vehicles, or combinations thereof, having a gross vehicle
weight of 26,000 pounds or less, and two-axle vehicles, may be proportionally
registered at the option of the registrant.
C. 1. "Base Jurisdiction" means, for the
purpose of fleet registration, the jurisdiction where the registrant has an
established place of business, where mileage is accrued by the fleet, and where
operational records of such fleet are maintained or can be made available in
accordance with the provisions of Article XIV, A, (2).
2. Registrants based in any jurisdiction not a member of this
agreement, and who have been licensing vehicles in any member jurisdictions
using basing point, allocation, or proration, may declare the member
jurisdiction where the most miles have been operated as a base jurisdiction for
purposes of this agreement until such time as the registrant's base
jurisdiction becomes a member of this agreement.
3. Household Goods Carriers using equipment leased from service
representatives may elect, with respect to such equipment, to base such
equipment in the base jurisdiction of the service representative, or that of
the carrier.
For equipment owned and operated by owner-operators, other
than service representatives, and used exclusively to transport cargo for the
household goods carrier, the equipment shall be registered by the carrier in
the base jurisdiction of the carrier, but in both the owner-operator's name and
that of the carrier as lessee, with the apportionment of fees according to the
records of the carrier.
D. 1. "Base Plate" means the plate issued by
the base jurisdiction, and shall be the only registration identification plate
issued for a vehicle by any member jurisdiction.
2. Base plates shall be identified by having the word
"APPORTIONED" and the jurisdiction's name on the plate. The
numbering system and color shall be determined by the issuing jurisdiction.
E. "Commissioner" means the jurisdiction official in
charge of registration of vehicles.
F. "Fleet" means one or more apportionable vehicles.
G. "In-Jurisdiction Miles" means the total number of
miles operated by a fleet of proportionally registered vehicles in a
jurisdiction during the preceding year. In those cases where the registrant
operated a fleet of proportionally registered vehicles in jurisdictions that
required no apportionment and grant reciprocity, the base jurisdiction may add
such miles to the in-jurisdiction miles.
H. "Jurisdiction" means a state, territory, or
possession of the United States, the District of Columbia, or a state or
province of a country.
I. "Operational Records" means documents supporting
miles traveled in each jurisdiction and total miles traveled, such as fuel
reports, trip sheets, and logs.
J. "Preceding Year" means the period of twelve
consecutive months immediately prior to July 1 of the year immediately
preceding the commencement of the registration or license year for which
proportional registration is sought.
K. "Reciprocity" means that an apportionable vehicle
properly registered hereunder shall be exempt from further registration by any
other member jurisdiction.
L. "Recreational Vehicle" as used in this Agreement is
one used for personal pleasure or travel by an individual or his family.
M. "Registrant" means a person, firm, or corporation in
whose name or names a vehicle is properly registered.
N. "Registration Year" means the twelve-month period
during which the registration plates issued by the base jurisdiction are valid
according to the laws of the base jurisdiction.
O. "Restricted Plate" means one that has time (less than
a registered year), geographic area, mileage, or commodity restriction.
P. "Service Representative" means one who furnishes
facilities and services including sales, warehousing, motorized equipment, and
drivers under contract or other arrangements to a carrier for transportation of
property by a household goods carrier.
Q. "Total Miles" means the total number of miles
operated by a fleet of proportionally registered vehicles in all jurisdictions
during the preceding year.
R. "Chartered Party" means a group of persons who,
pursuant to a common purpose and under a single contract, and at a fixed charge
for the vehicle in accordance with the carrier's tariff, lawfully on file with
the Interstate Commerce Commission, have acquired the exclusive use of a
passenger-carrying motor vehicle to travel together as a group to a specified
destination or for a particular itinerary, either agreed upon in advance or
modified by the chartered group after having left the place of origin.
III. Fees For Proportional Registration
A. The registration fee for apportionable vehicles shall be
determined as follows:
1. Divide the in-jurisdiction miles by the total miles generated
during the preceding year.
2. Determine the total fees required under the laws of each
jurisdiction for full registration of each vehicle at the regular annual or
applicable fees, or for the unexpired portion of the registration year.
3. Multiply the sum obtained under Paragraph 2 of this section by
the quotient obtained under Paragraph 1 of this section.
B. This agreement does not waive any fees or taxes charged or
levied by any jurisdiction in connection with the ownership or operations of
vehicles other than the apportionable fees as defined herein. All other fees
and taxes shall be paid to each jurisdiction in accordance with the laws
thereof.
IV. Application for Proportional Registered
A. 1. An applicant for proportional registration shall
file a uniform application with Commissioner of the base jurisdiction in lieu
of registration under other applicable statutes.
2. Whenever the base jurisdiction of the registrant changes as a
result of conditions described in Article II, (C) (2), the re-registration of
the registrant in the new jurisdiction shall be accomplished through orderly
and equitable procedures to be established by the Commissioner of the two
jurisdictions involved.
B. Applications for proportional registration shall be filed on a
date as determined by the base jurisdiction. Every application for
proportional registration shall, at the time and in the manner required by the
Commissioner, be supported by the payment of registration fees in the amount
determined in Article III, provided, however, the Commissioner may, by
regulation, postpone payment of fees until after the Commissioner has computed
the fees due.
C. The applicant for proportional registration of trailers, and
semitrailers, shall use the application form for such vehicle and the
apportionment of registration fees shall be computed by using the same factor
determined by in-jurisdiction and total miles in Article III, and this shall be
applied to the registration fee. Jurisdictions may waive trailer, and
semitrailer, apportionment. Jurisdictions requiring proportional registration
of trailers, and semitrailers, shall provide for such requirement by filing
exception as described in Article XVII.
D.
1. The application shall contain the number of power units,
number of trailers, and semitrailers, with such vehicle description as may be
required by the jurisdictions concerned and a uniform mileage schedule.
2. The base jurisdiction, after receiving its proportionate fees,
shall supply the necessary identification plates and prepare cab cards, listing
on the front of the cab cards the jurisdictions where the vehicles are
proportionally registered, the weight for which registered, and other necessary
information in each of the jurisdictions. The base jurisdiction may, in its
discretion, withhold issuing plates and cards until it has received evidence of
payment due other member jurisdictions.
3. The base jurisdiction shall notify the other declared
jurisdictions that a proportional registration application has been filed, and
shall furnish the declared jurisdiction a uniform mileage schedule.
4. All plates and cards and reciprocal exemptions are subject to
cancellation and revocation in the event of erroneous issuance thereof, or if
any fees remain unpaid.
5. The base jurisdiction shall cooperate with other declared
jurisdictions in connection with applications and fees paid.
E. In those cases where Household Goods Carrier's equipment is
elected to be registered in the base jurisdiction of the service representative,
the equipment shall be registered in said service representative's name and
that of the carrier as lessee with the apportionment of fees according to the
combined records of the service representative and those of the carrier, and
such records must be kept or made available in the service representative's
base jurisdiction.
If the election is the base jurisdiction of the carrier, and
such jurisdiction is a member jurisdiction, the equipment shall be registered
by and in the name of the carrier and that of the service representative as
lessor with the apportionment of fees according to the records of the carrier
and the service representative, which must include intrastate miles operated by
those vehicles applicable under this Agreement, and the records must be kept or
made available in the base jurisdiction of the carrier. Service
representatives properly registered under this election shall be fully
registered for operations under their own authority as well as under the
authority of the carrier.
V. Registration of Apportionable Vehicles
A. The Commissioner of the base jurisdiction shall register
apportionable vehicles upon application and payment of the registration fees as
provided in Articles III and IV. Payment of additional fees for each vehicle
so registered may be required by the Commissioner of the base jurisdiction in
an amount provided by statute or regulation of the base jurisdiction for the
issuance of a plate. A registration card shall be issued for each vehicle
registered by the Commissioner of the base jurisdiction, and the card shall
appropriately identify the vehicle for which it is issued, list the
jurisdictions in which the vehicle has been apportioned, the weight and
classification of fee for which registered according to the applications and
payments furnished by the applicant. Such registration card shall be carried
in or upon the vehicle for which it has been issued at all times.
B. Vehicles registered as provided in Section A of this Article
shall be deemed fully registered in all jurisdictions where proportionally
registered for any type of movement or operation provided the registrant has
proper interstate or intrastate authority from the appropriate regulatory
agency or is exempt from regulation by the regulatory agency.
C. There shall be no minimum vehicle fees for any apportionable
vehicle, except those statutory fees for issuance of identifications or filing
of applications.
VI. Registration of Additional Fleet Vehicles
A. Vehicles acquired by the registrant after the commencement of
the registration year and added to the proportionally registered fleet shall be
registered by applying the mileage percentage used in the original application
for such fleet for such registration period to the regular registration fees
with due respect to such vehicles for the remainder of the registration year.
B. All applications for additional fleet vehicles shall be filed
and processed in the same manner as the original application.
VII. Withdrawal of Fleet Vehicles, Credits, Replacement Vehicles, and
Accounting
A. If a vehicle is withdrawn from a proportionally registered
fleet during the period for which it is registered, the registrant of such
fleet shall notify the Commissioner on appropriate forms provided by the Commissioner.
The Commissioner shall require the registrant to surrender the cab card and
identification plates to the base jurisdiction with respect to any such
vehicle. If a vehicle is permanently withdrawn from a proportionally
registered fleet because it has been destroyed, sold, or otherwise completely
removed from the service of the registrant, the unused portion of the fees paid
with respect to such vehicle, where permitted by statute, shall be refunded by
each jurisdiction or be applied against liability of such registrant for
subsequent additions to such fleet during such registration year or for
additional fees upon audit.
B. If the registrant is replacing a vehicle for one withdrawn from
the fleet and such vehicle is of the same weight category as that replaced, the
registrant shall file a supplemental application with the base jurisdiction.
The base jurisdiction shall, in accordance with provisions in Article VI (B),
issue a new cab card and transfer the identification plates to a new vehicle.
When a replaced vehicle is of a greater weight or requires a larger
registration fee, the registrant shall file the re-registration with the base
jurisdiction in the manner set forth in Article VI for the registration of
additional fleet vehicles.
VIII. New Operations
A. Initial application for proportional registration shall state
the mileage data in all jurisdictions for the preceding year with respect to
such vehicle or vehicles. If no operations were conducted with such vehicle or
vehicles during the preceding year, the application shall contain a full
statement of the proposed method of operation and estimates of annual mileage in
each jurisdiction. The registrant shall determine the in-jurisdiction and
total mileage to be used in computing the proportional registration fee for the
vehicle or vehicles. The base jurisdiction Commissioner may adjust the
estimate in the application if the base jurisdiction Commissioner is not
satisfied with its correctness.
IX. Registration of Owner-Operator Vehicles
A. Proportional registration for owner-operators who lease their
vehicles to motor carriers may be accomplished in one of the following
procedures:
1. The owner-operator (lessor) may be the registrant and the
vehicle may be registered in the name of such owner-operator. The allocation
of fees shall be according to the operational records of such owner-operator.
The identification plates and cab card shall be the property of the lessor; or
2. The lessee may be the registrant at the option of the lessor
and the vehicle may be registered by the carrier, but in both the
owner-operator's name and that of the carrier as lessee, with the allocation of
fees according to the records of the carrier. The identification plates and cab
card shall be the property of the lessee. Should an owner-operator, registered
pursuant to this Section, leave the fleet of the lessee, the lessee may proceed
in accordance with Article VII.
B. Vehicles of owner-operators that are not proportionally
registered or not fully registered in a jurisdiction having a separate
reciprocity agreement with the jurisdiction in which the vehicles is being
operated shall be subject to the trip permit requirement as set forth in
Article XII.
C. Each jurisdiction shall provide a means of registration for
owner-operators not operating as a lessor. Such registration shall be a
restricted plate or permit issued for a minimum fee and for a registered gross
weight not in excess of the empty weight of the vehicle.
X. Trip Leasing
A. The lessee, except as provided for service representatives in
Article II (C), is responsible for the proper registration of the vehicle.
Except that an apportioned operator may lease equipment to another apportioned
fleet operator and the lessor shall be responsible for reporting on the
proportional application the miles traveled by the leased equipment. The
lessee shall be the person using and operating the equipment by the lease
agreement. The leased vehicle must bear proportional credentials and be
operated only in the jurisdictions to which fees have been paid or a trip
permit will be required. The service representative in Article II (C) shall
have the same responsibility for qualifying his vehicles.
XI. Registration of Rental Vehicles
A. Definitions applicable to this Article are:
1. "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.
2. "Rental Fleet" means five or more vehicles which are
rented or offered for rental without drivers, and which are designated by a
rental owner as a rental fleet.
3. "Rental Vehicle" means a vehicle of a rental fleet.
4. "Renting and Leasing" means the giving of possession
and control of a vehicle for valuable consideration for a specified period of
time.
5. "Rental Transactions" for the rental of a vehicle
shall be deemed to occur in the jurisdiction where such vehicle first comes
into possession of the user.
B. Rental fleets owned by any person or firm engaging in the
business of renting such vehicles shall be extended full interstate and
intrastate privileges, provided that:
1. Such vehicles are part of a rental fleet which are
identifiable as being a part of such fleet; and
2. Such person or firm has received approval from the
jurisdiction to apportion a part of such fleet; and
3. Such person or firm registers the vehicles as described below:
a. Trucks and Truck-Tractors – In accordance with Articles III,
IV, V, VI, and VII of this agreement.
b. Rental Passenger Cars – Divide the gross revenue received in
the preceding year for use of such rental vehicles arising from passenger car
rental transactions occurring in the jurisdiction by the total gross revenue
received in the preceding year for the use of such rental vehicles arising from
passenger car rental transactions occurring in all jurisdictions in which such
vehicles are operated. The resulting percentage shall be applied to the total
number of passenger cars in the fleet and that figure shall be the number of
rental passenger cars that shall be fully registered in the jurisdiction.
c. Trailers and Semitrailers – Trailers and semitrailers not in
separate pool fleets and used in normal tractor-trailer operations shall be
licensed according to Article IV (C). Where required, trailers and
semitrailers over 6,000 pounds gross vehicle weight, and used solely in pool fleets,
shall be licensed as follows:
Divide the gross revenue received in the preceding year for
use of such rental vehicles arising from rental transactions occurring in the
jurisdiction by the total gross revenue received in the preceding year for the
use of such rental vehicles arising from rental transactions in all
jurisdictions. The resulting percentage shall be applied to the number of units
in such fleet.
d. Utility Trailers – Utility Trailers 6,000 pounds gross vehicle
weight and under. Every owner of utility trailers engaged in the business of
renting such trailers for use in a jurisdiction shall register a number of
trailers equal to the average number of such trailers in or through the
jurisdiction during the preceding year.
e. One-Way Vehicles – Trucks of less than 26,000 pounds gross
vehicle weight operated as part of an identifiable one-way fleet will allocate
vehicles to the respective jurisdictions based on the mileage factor procedure
in Article III and fully plate said allocated vehicles in such jurisdiction.
All trucks of such one-way fleet so qualified will be allowed to perform both
interstate and intrastate movements in all jurisdictions.
XII. Trip Permit Registration
A. Trip permit registration may be issued for any vehicle or
combination of vehicles which could be lawfully operated in the jurisdiction if
full registration or proportional registration were obtained.
B. A person desiring a trip permit registration shall make
application therefor on forms provided by the Commissioner. Every such
application shall be accompanied by the required fee. Every trip permit shall
be carried in the cab of the vehicle for which such permit is issued.
C. Any vehicle or combination of vehicles for which a trip permit
has been issued may be operated in interstate or intrastate commerce in the
jurisdiction for the period allowed under such permit.
D. Trip permits shall not be used to evade or circumvent this
agreement.
E. Jurisdictions, members to this agreement, may provide a system
of issuing trip permits for other jurisdictions, members of this agreement, so
that vehicles may move without waiting for telegraphic or other emergency
authorization. The issuing jurisdiction shall collect the necessary trip permit
fee and forward it to the jurisdiction for which the permit was issued and
deliver to the registrant the permit for movement in the other jurisdiction or
jurisdictions.
XIII. Preservation of Records and Audit
A. Any registrant whose application for proportional registrant
has been accepted shall preserve the records on which it is based for a period
of three preceding years. Such records shall be made available to the
Commissioner at his request for audit as to accuracy of computation, payments,
and assessments for deficiencies or allowances for credits, during the normal
business hours of the day.
B. If any registrant fails to make records available to the
Commissioner upon proper request or if any registrant fails to maintain records
from which his true liability may be determined, the Commissioner may, thirty
days after written demand for an availability of records or notification of
insufficient records, impose an assessment of liability based on the Commissioner's
estimate of the true liability of such registrant, information gathered by the
Commissioner at his own instance, information available to the Commissioner
concerning operations by similar registrants and such other pertinent
information as may be available to the Commissioner.
XIV. Audits
A. 1. The base jurisdiction shall audit the registrants
displaying a base plate of the base jurisdiction as to authenticity of mileage
figures derived from operational records and registrations and at such time and
frequency as determined by the base jurisdiction.
2. In the event that the registrant's operational records are not
located in the base jurisdiction and it becomes necessary for the base
jurisdiction to send auditors to the place where such records are normally
kept, the base jurisdiction may require the registrant to reimburse for per
diem and travel expense of its auditors incurred in the performance of such
audit.
B. Upon completion of any such audit, the Commissioner shall
notify all jurisdictions in which the registrant was proportionally registered
on the accuracy of the records of such registrant. Should the registrant have
underpaid any jurisdiction in which his vehicles were proportionally
registered, such information shall be furnished to the jurisdiction for
collection.
C. Audits may be made by the Commissioners of the several
jurisdictions.
XV. Assessments Claims Under Audit
A. Upon audit, the Commissioner shall assess for any deficiency
found to be due. No assessment for deficiency or claim for credit may be made
for any period for which require are no longer required.
B. Assessments based on audits, interest on assessments, refunds,
or credits on any other amounts including auditor's per diem and travel shall
be made in accordance with the statute of each jurisdiction involved with the
audit of a registrant.
XVI. Entry and Withdrawal
A. Any jurisdiction may become a party to this agreement by
executing the prescribed adopting resolution and sending it to the American
Association of Motor Vehicle Administrators (Hereinafter referred to as AAMVA)
in Washington, D.C.; however, such resolution must be approved and endorsed by all
member jurisdictions using procedures contained in Article XIX.
B. This agreement shall continue in full force and effect, after
its original adoption, as to each jurisdiction until cancelled or revoked by
proper officials of any jurisdiction upon thirty days written notice to AAMVA
who shall immediately notify all officials of the other member jurisdictions of
this agreement. However, cancellation by one jurisdiction shall not effect the
agreement as between other jurisdictions. All credentials issued under this
agreement shall be valid until the end of the current registration year of the
applicable jurisdiction.
XVII. Exceptions
A. Each signatory jurisdiction to this agreement shall list its
exceptions, if any. These exceptions will be made a part of the adopting
resolution and of this agreement by appendix listing and will be effective upon
approval by each member jurisdiction using procedures contained in Article XIX.
B. Any jurisdiction may amend its exceptions by serving copies of
the proposed changes on AAMVA and all member jurisdictions. Upon approval of
all contracting jurisdictions, the amended or proposed exception shall be
effective in the next succeeding registration year provided at least 30 days
notice has been given.
C. Failure on the part of a member jurisdiction to respond to a
proposed new or amended exception within 120 days of its receipt shall be
deemed to constitute approval of the exception so submitted.
D. The withdrawal or cancellation of an exception shall be accomplished
by filing due notice of action with AAMVA and becomes effective upon
notification to all member jurisdictions using the procedures contained in
Article XIX. The withdrawal or cancellation of an exception shall not require
approval by the member jurisdictions.
E. There shall be no exceptions taken, however, to the following
concepts embodied in this agreement:
1. Single registration plate,
2. Single registration (cab) card, and
3. Ability to perform both interstate and intrastate vehicle
movements.
XVIII. Other Agreements
This agreement shall supersede any reciprocal or other
agreements, arrangements, or understanding between any two or more of the
member jurisdictions covering, in whole or in part, any of the matters covered
by this agreement; but this agreement shall not affect any reciprocal or other
agreement, arrangement, or understanding between a member jurisdiction and any
non-member jurisdiction.
XIX. Administration
A. The AAMVA shall be the official repository for this agreement
and shall be responsible for the required duties attendant to the
administration of this agreement.
B. When two or more jurisdictions become signatories to this
agreement, and as each jurisdiction thereafter joins the agreement, each
jurisdiction shall send the prescribed adopting resolution to AAMVA in
Washington, D.C. Upon receipt of such resolution, AAMVA shall provide a copy
to each member jurisdiction for the purpose of obtaining the required
endorsement. Each member jurisdictions shall notify AAMVA as to its
endorsement or rejection of the applicant jurisdiction.
C. The AAMVA shall keep all jurisdictions apprised of the current
status of the agreement in the manner determined by the Association to best
accomplish this purpose.
D. Decisions regarding interpretations of any questions at issue
relating to this agreement shall be reached by agreement of two-thirds of the
member jurisdictions, acting through the Commissioners thereof, and upon
determination shall be place in writing and be retained by AAMVA as a part of
the permanent record.
XX. Amendments
A. This agreement may be amended, subject to approval of
three-fourths of the member jurisdictions, acting through the officials thereof
authorized to enter this agreement. All proposed amendments shall be placed in
writing and shall be presented to each member jurisdiction for approval or
rejection.
XXI. Effective Date
This agreement shall become effective upon approval by any
two jurisdictions and shall be operative between jurisdictions upon their
signing or adopting this agreement.
(Source: Amended at 7 Ill. Reg. 1436, effective January 21, 1983)
| TITLE 92: TRANSPORTATION
CHAPTER II: SECRETARY OF STATE
PART 1010
CERTIFICATES OF TITLE, REGISTRATION OF VEHICLES
SECTION 1010.APPENDIX C AFFIRMATION SUPPORTING SALVAGE CERTIFICATE
Section 1010.APPENDIX C
Affirmation Supporting Salvage Certificate
CODE
FOR ESSENTIAL PARTS LIST
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A.
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Right front fender/rear fender
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B.
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Left front fender/rear fender
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*C.
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Right rear quarter panel/bed
slide
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*D.
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Left rear quarter panel/bed
slide
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E.
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Hood
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F.
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Right front door
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G.
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Right rear door
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H.
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Left front door
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I.
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Left rear door
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J.
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Hatchback/deck
lid/tailgate/trunk lid
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K.
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Right T-top
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L.
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Left T-top
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M.
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Moon roof/sunroof/astro body
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N.
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Front end assembly (headlights
– fenders − hood)
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O.
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Front clip (FEA – with cowl
attached)
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P.
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Rear clip (quarter panels –
fenders – floor – top)
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Q.
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Clip cab (roof – back panel
− floor)
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R.
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Cab (clip cab – with cowl)
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*S.
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Bed
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T.
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Frame
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U.
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Engine
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*V.
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Transmission
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W.
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Cowl
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X.
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Transmission (Second Division)
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Y.
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Aluminum wheels
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Z.
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Chassis/shell/hulk
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SEATS
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RADIOS
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MOTORCYCLES
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AA.
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Front seat
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AG.
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Cassette/compact disc
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*AP.
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Faring
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AB.
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Rear seat
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AH.
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Cassette radio
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*AQ.
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Fuel tanks
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AC.
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Left front seat
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AI.
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Compact disc changer
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*AR.
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Fork
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AD.
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Right front seat
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AJ.
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Compact disc player
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AE.
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Left rear seat
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AK.
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Compact disc radio
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AF.
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Right rear seat
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AL.
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Stereo radio (AM/FM)
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*AM.
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Front bumper (NHTSA veh)
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*AN.
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Rear bumper (NHTSA veh)
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*Not considered essential parts, may be inspected
as part of the Salvage Vehicle Inspection Program.
(Source: Added at 32 Ill.
Reg. 17253, effective October 15, 2008)
| TITLE 92: TRANSPORTATION
CHAPTER II: SECRETARY OF STATE
PART 1010
CERTIFICATES OF TITLE, REGISTRATION OF VEHICLES
SECTION 1010.APPENDIX D SPECIALTY LICENSE PLATES REQUEST FORM
Section 1010.APPENDIX D
Specialty License Plates Request Form
(Source: Added at 32 Ill.
Reg. 17253, effective October 15, 2008)
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