State of Illinois
2013 and 2014


Introduced 1/25/2013, by Rep. Michael J. Madigan


625 ILCS 5/3-402  from Ch. 95 1/2, par. 3-402

    Amends the Illinois Vehicle Code. Makes a technical change in a Section concerning vehicles subject to registration.

LRB098 03611 MLW 33627 b





HB0772LRB098 03611 MLW 33627 b

1    AN ACT concerning transportation.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Illinois Vehicle Code is amended by changing
5Section 3-402 as follows:
6    (625 ILCS 5/3-402)  (from Ch. 95 1/2, par. 3-402)
7    Sec. 3-402. Vehicles subject to registration; exceptions.
8    A. Exemptions and and Policy. Every motor vehicle, trailer,
9semitrailer and pole trailer when driven or moved upon a
10highway shall be subject to the registration and certificate of
11title provisions of this Chapter except:
12        (1) Any such vehicle driven or moved upon a highway in
13    conformance with the provisions of this Chapter relating to
14    manufacturers, transporters, dealers, lienholders or
15    nonresidents or under a temporary registration permit
16    issued by the Secretary of State;
17        (2) Any implement of husbandry whether of a type
18    otherwise subject to registration hereunder or not which is
19    only incidentally operated or moved upon a highway, which
20    shall include a not-for-hire movement for the purpose of
21    delivering farm commodities to a place of first processing
22    or sale, or to a place of storage;
23        (3) Any special mobile equipment as herein defined;



HB0772- 2 -LRB098 03611 MLW 33627 b

1        (4) Any vehicle which is propelled exclusively by
2    electric power obtained from overhead trolley wires though
3    not operated upon rails;
4        (5) Any vehicle which is equipped and used exclusively
5    as a pumper, ladder truck, rescue vehicle, searchlight
6    truck, or other fire apparatus, but not a vehicle of a type
7    which would otherwise be subject to registration as a
8    vehicle of the first division;
9        (6) Any vehicle which is owned and operated by the
10    federal government and externally displays evidence of
11    federal ownership. It is the policy of the State of
12    Illinois to promote and encourage the fullest use of its
13    highways and to enhance the flow of commerce thus
14    contributing to the economic, agricultural, industrial and
15    social growth and development of this State, by authorizing
16    the Secretary of State to negotiate and enter into
17    reciprocal or proportional agreements or arrangements with
18    other States, or to issue declarations setting forth
19    reciprocal exemptions, benefits and privileges with
20    respect to vehicles operated interstate which are properly
21    registered in this and other States, assuring nevertheless
22    proper registration of vehicles in Illinois as may be
23    required by this Code;
24        (7) Any converter dolly or tow dolly which merely
25    serves as substitute wheels for another legally licensed
26    vehicle. A title may be issued on a voluntary basis to a



HB0772- 3 -LRB098 03611 MLW 33627 b

1    tow dolly upon receipt of the manufacturer's certificate of
2    origin or the bill of sale;
3        (8) Any house trailer found to be an abandoned mobile
4    home under the Abandoned Mobile Home Act;
5        (9) Any vehicle that is not properly registered or does
6    not have registration plates issued to the owner or
7    operator affixed thereto, or that does have registration
8    plates issued to the owner or operator affixed thereto but
9    the plates are not appropriate for the weight of the
10    vehicle, provided that this exemption shall apply only
11    while the vehicle is being transported or operated by a
12    towing service and has a third tow plate affixed to it.
13    B. Reciprocity. Any motor vehicle, trailer, semitrailer or
14pole trailer need not be registered under this Code provided
15the same is operated interstate and in accordance with the
16following provisions and any rules and regulations promulgated
17pursuant thereto:
18        (1) A nonresident owner, except as otherwise provided
19    in this Section, owning any foreign registered vehicle of a
20    type otherwise subject to registration hereunder, may
21    operate or permit the operation of such vehicle within this
22    State in interstate commerce without registering such
23    vehicle in, or paying any fees to, this State subject to
24    the condition that such vehicle at all times when operated
25    in this State is operated pursuant to a reciprocity
26    agreement, arrangement or declaration by this State, and



HB0772- 4 -LRB098 03611 MLW 33627 b

1    further subject to the condition that such vehicle at all
2    times when operated in this State is duly registered in,
3    and displays upon it, a valid registration card and
4    registration plate or plates issued for such vehicle in the
5    place of residence of such owner and is issued and
6    maintains in such vehicle a valid Illinois reciprocity
7    permit as required by the Secretary of State, and provided
8    like privileges are afforded to residents of this State by
9    the State of residence of such owner.
10        Every nonresident including any foreign corporation
11    carrying on business within this State and owning and
12    regularly operating in such business any motor vehicle,
13    trailer or semitrailer within this State in intrastate
14    commerce, shall be required to register each such vehicle
15    and pay the same fees therefor as is required with
16    reference to like vehicles owned by residents of this
17    State.
18        (2) Any motor vehicle, trailer, semitrailer and pole
19    trailer operated interstate need not be registered in this
20    State, provided:
21            (a) that the vehicle is properly registered in
22        another State pursuant to law or to a reciprocity
23        agreement, arrangement or declaration; or
24            (b) that such vehicle is part of a fleet of
25        vehicles owned or operated by the same person who
26        registers such fleet of vehicles pro rata among the



HB0772- 5 -LRB098 03611 MLW 33627 b

1        various States in which such fleet operates; or
2            (c) that such vehicle is part of a fleet of
3        vehicles, a portion of which are registered with the
4        Secretary of State of Illinois in accordance with an
5        agreement or arrangement concurred in by the Secretary
6        of State of Illinois based on one or more of the
7        following factors: ratio of miles in Illinois as
8        against total miles in all jurisdictions; situs or base
9        of a vehicle, or where it is principally garaged, or
10        from whence it is principally dispatched or where the
11        movements of such vehicle usually originate; situs of
12        the residence of the owner or operator thereof, or of
13        his principal office or offices, or of his places of
14        business; the routes traversed and whether regular or
15        irregular routes are traversed, and the jurisdictions
16        traversed and served; and such other factors as may be
17        deemed material by the Secretary and the motor vehicle
18        administrators of the other jurisdictions involved in
19        such apportionment. Such vehicles shall maintain
20        therein any reciprocity permit which may be required by
21        the Secretary of State pursuant to rules and
22        regulations which the Secretary of State may
23        promulgate in the administration of this Code, in the
24        public interest.
25        (3) (a) In order to effectuate the purposes of this
26        Code, the Secretary of State of Illinois is empowered



HB0772- 6 -LRB098 03611 MLW 33627 b

1        to negotiate and execute written reciprocal agreements
2        or arrangements with the duly authorized
3        representatives of other jurisdictions, including
4        States, districts, territories and possessions of the
5        United States, and foreign states, provinces, or
6        countries, granting to owners or operators of vehicles
7        duly registered or licensed in such other
8        jurisdictions and for which evidence of compliance is
9        supplied, benefits, privileges and exemption from the
10        payment, wholly or partially, of any taxes, fees or
11        other charges imposed with respect to the ownership or
12        operation of such vehicles by the laws of this State
13        except the tax imposed by the Motor Fuel Tax Law,
14        approved March 25, 1929, as amended, and the tax
15        imposed by the Use Tax Act, approved July 14, 1955, as
16        amended.
17            The Secretary of State may negotiate agreements or
18        arrangements as are in the best interests of this State
19        and the residents of this State pursuant to the
20        policies expressed in this Section taking into
21        consideration the reciprocal exemptions, benefits and
22        privileges available and accruing to residents of this
23        State and vehicles registered in this State.
24            (b) Such reciprocal agreements or arrangements
25        shall provide that vehicles duly registered or
26        licensed in this State when operated upon the highways



HB0772- 7 -LRB098 03611 MLW 33627 b

1        of such other jurisdictions, shall receive exemptions,
2        benefits and privileges of a similar kind or to a
3        similar degree as extended to vehicles from such
4        jurisdictions in this State.
5            (c) Such agreements or arrangements may also
6        authorize the apportionment of registration or
7        licensing of fleets of vehicles operated interstate,
8        based on any or all of the following factors: ratio of
9        miles in Illinois as against total miles in all
10        jurisdictions; situs or base of a vehicle, or where it
11        is principally garaged or from whence it is principally
12        dispatched or where the movements of such vehicle
13        usually originate; situs of the residence of the owner
14        or operator thereof, or of his principal office or
15        offices, or of his places of business; the routes
16        traversed and whether regular or irregular routes are
17        traversed, and the jurisdictions traversed and served;
18        and such other factors as may be deemed material by the
19        Secretary and the motor vehicle administrators of the
20        other jurisdictions involved in such apportionment,
21        and such vehicles shall likewise be entitled to
22        reciprocal exemptions, benefits and privileges.
23            (d) Such agreements or arrangements shall also
24        provide that vehicles being operated in intrastate
25        commerce in Illinois shall comply with the
26        registration and licensing laws of this State, except



HB0772- 8 -LRB098 03611 MLW 33627 b

1        that vehicles which are part of an apportioned fleet
2        may conduct an intrastate operation incidental to
3        their interstate operations. Any motor vehicle
4        properly registered and qualified under any reciprocal
5        agreement or arrangement under this Code and not having
6        a situs or base within Illinois may complete the
7        inbound movement of a trailer or semitrailer to an
8        Illinois destination that was brought into Illinois by
9        a motor vehicle also properly registered and qualified
10        under this Code and not having a situs or base within
11        Illinois, or may complete an outbound movement of a
12        trailer or semitrailer to an out-of-state destination
13        that was originated in Illinois by a motor vehicle also
14        properly registered and qualified under this Code and
15        not having a situs or base in Illinois, only if the
16        operator thereof did not break bulk of the cargo laden
17        in such inbound or outbound trailer or semitrailer.
18        Adding or unloading intrastate cargo on such inbound or
19        outbound trailer or semitrailer shall be deemed as
20        breaking bulk.
21            (e) Such agreements or arrangements may also
22        provide for the determination of the proper State in
23        which leased vehicles shall be registered based on the
24        factors set out in subsection (c) above and for
25        apportionment of registration of fleets of leased
26        vehicles by the lessee or by the lessor who leases such



HB0772- 9 -LRB098 03611 MLW 33627 b

1        vehicles to persons who are not fleet operators.
2            (f) Such agreements or arrangements may also
3        include reciprocal exemptions, benefits or privileges
4        accruing under The Illinois Driver Licensing Law or The
5        Driver License Compact.
6        (4) The Secretary of State is further authorized to
7    examine the laws and requirements of other jurisdictions,
8    and, in the absence of a written agreement or arrangement,
9    to issue a written declaration of the extent and nature of
10    the exemptions, benefits and privileges accorded to
11    vehicles of this State by such other jurisdictions, and the
12    extent and nature of reciprocal exemptions, benefits and
13    privileges thereby accorded by this State to the vehicles
14    of such other jurisdictions. A declaration by the Secretary
15    of State may include any, part or all reciprocal
16    exemptions, benefits and privileges or provisions as may be
17    included within an agreement or arrangement.
18        (5) All agreements, arrangements, declarations and
19    amendments thereto, shall be in writing and become
20    effective when signed by the Secretary of State, and copies
21    of all such documents shall be available to the public upon
22    request.
23        (6) The Secretary of State is further authorized to
24    require the display by foreign registered trucks,
25    truck-tractors and buses, entitled to reciprocal benefits,
26    exemptions or privileges hereunder, a reciprocity permit



HB0772- 10 -LRB098 03611 MLW 33627 b

1    for external display before any such reciprocal benefits,
2    exemptions or privileges are granted. The Secretary of
3    State shall provide suitable application forms for such
4    permit and shall promulgate and publish reasonable rules
5    and regulations for the administration and enforcement of
6    the provisions of this Code including a provision for
7    revocation of such permit as to any vehicle operated
8    wilfully in violation of the terms of any reciprocal
9    agreement, arrangement or declaration or in violation of
10    the Illinois Motor Carrier of Property Law, as amended.
11        (7) (a) Upon the suspension, revocation or denial of
12        one or more of all reciprocal benefits, privileges and
13        exemptions existing pursuant to the terms and
14        provisions of this Code or by virtue of a reciprocal
15        agreement or arrangement or declaration thereunder;
16        or, upon the suspension, revocation or denial of a
17        reciprocity permit; or, upon any action or inaction of
18        the Secretary in the administration and enforcement of
19        the provisions of this Code, any person, resident or
20        nonresident, so aggrieved, may serve upon the
21        Secretary, a petition in writing and under oath,
22        setting forth the grievance of the petitioner, the
23        grounds and basis for the relief sought, and all
24        necessary facts and particulars, and request an
25        administrative hearing thereon. Within 20 days, the
26        Secretary shall set a hearing date as early as



HB0772- 11 -LRB098 03611 MLW 33627 b

1        practical. The Secretary may, in his discretion,
2        supply forms for such a petition. The Secretary may
3        require the payment of a fee of not more than $50 for
4        the filing of any petition, motion, or request for
5        hearing conducted pursuant to this Section. These fees
6        must be deposited into the Secretary of State DUI
7        Administration Fund, a special fund that is hereby
8        created in the State treasury, and, subject to
9        appropriation and as directed by the Secretary of
10        State, shall be used to fund the operation of the
11        hearings department of the Office of the Secretary of
12        State and for no other purpose. The Secretary shall
13        establish by rule the amount and the procedures, terms,
14        and conditions relating to these fees.
15            (b) The Secretary may likewise, in his discretion
16        and upon his own petition, order a hearing, when in his
17        best judgment, any person is not entitled to the
18        reciprocal benefits, privileges and exemptions
19        existing pursuant to the terms and provisions of this
20        Code or under a reciprocal agreement or arrangement or
21        declaration thereunder or that a vehicle owned or
22        operated by such person is improperly registered or
23        licensed, or that an Illinois resident has improperly
24        registered or licensed a vehicle in another
25        jurisdiction for the purposes of violating or avoiding
26        the registration laws of this State.



HB0772- 12 -LRB098 03611 MLW 33627 b

1            (c) The Secretary shall notify a petitioner or any
2        other person involved of such a hearing, by giving at
3        least 10 days notice, in writing, by U.S. Mail,
4        Registered or Certified, or by personal service, at the
5        last known address of such petitioner or person,
6        specifying the time and place of such hearing. Such
7        hearing shall be held before the Secretary, or any
8        person as he may designate, and unless the parties
9        mutually agree to some other county in Illinois, the
10        hearing shall be held in the County of Sangamon or the
11        County of Cook. Appropriate records of the hearing
12        shall be kept, and the Secretary shall issue or cause
13        to be issued, his decision on the case, within 30 days
14        after the close of such hearing or within 30 days after
15        receipt of the transcript thereof, and a copy shall
16        likewise be served or mailed to the petitioner or
17        person involved.
18            (d) The actions or inactions or determinations, or
19        findings and decisions upon an administrative hearing,
20        of the Secretary, shall be subject to judicial review
21        in the Circuit Court of the County of Sangamon or the
22        County of Cook, and the provisions of the
23        Administrative Review Law, and all amendments and
24        modifications thereof and rules adopted pursuant
25        thereto, apply to and govern all such reviewable
26        matters.



HB0772- 13 -LRB098 03611 MLW 33627 b

1            Any reciprocal agreements or arrangements entered
2        into by the Secretary of State or any declarations
3        issued by the Secretary of State pursuant to any law in
4        effect prior to the effective date of this Code are not
5        hereby abrogated, and such shall continue in force and
6        effect until amended pursuant to the provisions of this
7        Code or expire pursuant to the terms or provisions
8        thereof.
9(Source: P.A. 92-418, eff. 8-17-01; 92-651, eff. 7-11-02.)