Section 1010.10  Owner – Application of Term

 

a)         For registration purposes and requirements or exemptions, the terms "owner" shall be applied as defined in this Section of the I.V.C., and the definition in Section 1-155 of the Code shall not be applicable.

 

b)         Thus, the term "Owner" includes:

 

1)         The holder of legal title to a vehicle.

 

2)         Conditional buyer under a conditional sales contract.

 

3)         A lessee with the right of purchase of the vehicle.

 

4)         A mortgagor with right of possession.

 

5)         A lessee with possession or control of a vehicle under a lease of 30 days or more.

 

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)

 

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)

 

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)

 

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)

 

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)

 

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)

 

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)

 

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)

 

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)

 

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)

 

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)

 

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

 

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.
Year	Make	Model				Vehicle Identification Number
I affirm, under penalties of perjury, that the foregoing statement is accurate to the best of my knowledge.
Firm Name			Signature of Appraiser
Address				Printer Name of Appraiser
Dealer License Number					Date of Appraisal

 

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)

 

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).

 

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)

 

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)

 

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)

 

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)

 

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.

 

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)

 

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)

 

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.

 

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)

 

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.

 

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)

 

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".

 

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)

 

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.

 

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.

 

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)

 

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)

 

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. 2^nd 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)

 

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)

 

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)

 

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)

 

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)

 

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)

 

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)

 

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)

 

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)

 

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)

 

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)

 

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)

 

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)

 

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)

 

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)

 

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)

 

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)

 

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)

 

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.

 

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.

 

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)

 

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)

 

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)

 

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)

 

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)

 

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.

 

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.

 

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)

 

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)

 

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)

 

Section 1010.715  Proration Fees

 

a)         Applications for apportionment of a fleet of vehicles shall be due on or before December 1^st 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 2^nd, 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.

 

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)

 

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)

 

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)

 

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.

 

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)

 

Section 1010.745  Signal 30 Permit for Foreign Registration Vehicles (Repealed)

 

(Source:  Repealed at 14 Ill. Reg. 6848, effective April 18, 1990  )

 

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)

 

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)

 

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)

 

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.

 

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)

 

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)

 

Section 1010.775  Certificate of Safety

 

a)         The I.V.C. provides that certain vehicles of the 2_nd Division and subject to inspection must display a valid certificate of safety.

 

b)         Exempt from these requirements are the following vehicles of the 2_nd 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

 

            Pursuant to and in conformity with the laws of the respective States, the contracting States acting by and through their officials lawfully authorized to execute this agreement, do mutually agree as follows:

 

ARTICLE 1.  PURPOSES AND PRINCIPLES

 

            Section 1.  Purposes of Agreement.  (a) It is the purpose of this agreement to set up a system whereby any contracting State may permit owners of fleets of commercial vehicles operating in two or more States to prorate the registration of the vehicles in such fleets in each State in which the fleets operate on the basis of the proportion of miles operated within such State to total fleet miles, as defined herein.

 

            (b)  It is further the purpose of this agreement to grant reciprocity to noncommercial vehicles, and to commercial vehicles engaged in interstate operations and intrastate operations incidental thereto which are not entitled to have their registration prorated under this agreement as part of a fleet.  Reciprocity entitles a vehicle which is properly registered in a contracting State, as provided in this agreement, to be exempt from registration and payment of fees in each other contracting State for the purpose of engaging in any type of interstate vehicle operation in each other contracting State.

 

            Section 2.  Principle of Proration of Registration.  It is hereby declared that in making this agreement the contracting States adhere to the principle that each State should have the freedom to develop the kind of highway user tax structure that it determines to be most appropriate to itself, that the method of taxation of interstate commercial vehicles should not be a determining factor in developing its user tax structure, and that annual taxes or other taxes of the fixed fee type upon commercial vehicles which are not imposed on a basis that reflects the amount of highway use should be apportioned among the States, within the limits of practicality, on the basis of vehicle miles traveled within each of the States.

 

ARTICLE 2.  DEFINITIONS

 

            Section 10.  "State".  State shall include the States of the United States, the District of Columbia, the territories of the United States, the Provinces of Canada, and the States, Territories and Federal District of Mexico.

 

            Section 11.  "Contracting State".  Contracting State shall mean a State which is a party to this agreement.

 

            Section 12.  "Administrator".  Administrator shall mean the official or agency of a State administering the fee involved, or, in the case of proration of registration, the official or agency of a State administering the proration of registration in that State.

 

            Section 13.  "Person".  Person shall include any individual, firm, co-partnership, joint venture, association, corporation, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit.

 

            Section 14.  "Base State".  Base State shall mean with respect to a vehicle:

 

            (a)  In the case of a commercial vehicle, the State from or in which the vehicle is most frequently dispatched, garaged, serviced, maintained, operated, or otherwise controlled, or also in the case of a fleet vehicle the State to which it is allocated for registration under statutory requirements.

 

            (b)  In the case of a vehicle other than a commercial vehicle owned by an individual, the State of legal domicile of such individual.

 

            (c)  In the case of a vehicle other than a commercial vehicle owned by a person other than an individual, or owned by an individual who has not legal domicile, the State from or in which the vehicle is most frequently dispatched, garaged, serviced, maintained, operated, or otherwise controlled.

 

            In order that this section may not be used for the purpose of evasion of registration fees, the administrators of the contracting States may make the final decision as to the proper base State, in accordance with Section 37 hereof, to prevent or avoid such evasion.

 

            Section 15.  "Commercial Vehicle".  Commercial Vehicle shall mean any motor vehicle having a gross weight in excess of 6,000 pounds and other vehicle regardless of weight used or maintained for the transportation of persons for-hire, compensation profit, or in furtherance of a commercial enterprise, or any vehicle designed, used, or maintained primarily for the transportation of property or for drawing other vehicles so designed, used or maintained.

 

            Section 16.  "Fleet".  As to each contracting State, fleet shall include only those commercial vehicles which actually travel a portion of their total miles in such State.  A fleet must include three (3) or more Commercial vehicles, at least two (2) of which are motor vehicles.

 

            Section 17.  "Registration".  Registration shall mean the registration of a vehicle and the payment of annual fees and taxes as set forth opposite the name of each contracting State in the Appendix hereto.

 

            Section 18.  "Proration of Registration".  Proration of Registration shall mean registration of fleets of commercial vehicles in accordance with Article 4 of this agreement.

 

            Section 19.  "Reciprocity".  Reciprocity shall mean that each contracting State, to the extent provided in this agreement, exempts a vehicle from registration and the registration fees set forth in Section 17 of the Appendix.

 

ARTICLE 3.  GENERAL PROVISIONS

 

            Section 30.  Effects on Other Agreements, Arrangements, and Understandings. On and after its effective date, this agreement shall supersede any reciprocal or other agreement, arrangement, or understanding between any two or more of the contracting States 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 contracting State and a State or States not a party to this agreement.

 

            Section 31.  Applicability to Exempt Vehicles.  This agreement shall not require registration in a contracting State of any vehicles which are in whole or part exempt from registration under the laws or regulations of such State without respect to this agreement.

 

            Section 32.  "Inapplicability to Caravaned Vehicle".  The benefits and privileges of this agreement shall not be extended to a vehicle operated on its own wheels, or in tow of a motor vehicle, transported for the purpose of selling or offering the same for sale to or by any agent, dealer, purchaser, or prospective purchaser.

 

            Section 33.  "Other Fees and Taxes".  This agreement does not waive any fees or taxes charged or levied by any State in connection with the ownership or operation of vehicles other than registration fees as defined herein. All other fees and taxes shall be paid to each State in accordance with the laws thereof.

 

            Section 34.  "Statutory Vehicle Regulations".  This agreement shall not authorized the operation of a vehicle in any contracting State contrary to the laws or regulations thereof, except those pertaining to registration and payment of fees; and with respect to such laws or regulations, only to the extent provided in this agreement.

 

            Section 35.  "Violations".  Each contracting State reserves the right to withdraw, by order of the administrator thereof, all or any party of the benefits or privileges granted pursuant to this agreement from the owner of any vehicle or fleet of vehicles operated in violation of any provision of this agreement.  The administrator shall immediately give notice of any such violation and withdrawal of any such benefits or privileges to the administrator of each other contracting State in which vehicles of such owner are operated.

 

            Section 36.  "Cooperation".  The administrator of each of the contracting States shall cooperate with the administrators of the others and each contracting State hereby agrees to furnish such aid and assistance to each other within its statutory authority as will aid in the proper enforcement of this agreement.

 

            Section 37.  Interpretation.  The final decision regarding interpretation of questions at issue relating to this agreement shall be reached by joint action of the contracting States, acting through the administrator thereof, and shall upon determination be placed in writing.

 

            Section 38.  "Amendment".  This agreement may be amended by joint action of the contracting States, acting through the officials thereof authorized to enter into this agreement.  Any amendment shall be placed in writing and become a part hereof.

 

            Section 39.  "Effect of Headings".  Article and section headings contained herein shall not be deemed to govern, limit, modify, or in any manner affect the scope, meaning, or intent of the provisions of any article or section hereof.

 

            Section 40.  "Additional States".  Additional states may become parties to this agreement by signing and accepting the terms of the agreement subject to the approval of the contracting States of any restriction, limitation, or condition imposed by such additional State upon its membership under the agreement.

 

ARTICLE 4.  PRORATION OF REGISTRATION

 

            Section 50.  "Applicability".  Any owner of a fleet may register the vehicles of said fleet in any contracting State by paying to said State total registration fees in an amount equal to that obtained by applying the proration of in-state fleet miles divided by the total fleet miles, to the total fees which would otherwise be required for regular registration of each and all of such vehicles in such contracting State.

 

            All fleet pro-rata registration fees shall be based upon the mileage proportions of the fleet during the period of twelve months ending on June 30 next preceding the commencement of the registration year for which registration is sought:  Except, that mileage proportions for a fleet not operated during such period in the State where application for registration is made will be determined by the administrator upon the sworn application of the applicant showing the operations during such period in other States and the estimated operations, during the registration year for which registration is sought, in the State in which application is being made; or if no operations were conducted during such period a full statement of the proposed method of operation.

 

            If any commercial vehicles operate in two or more States which permit the proration of registration on the bases of a fleet of vehicles consisting of a lessor number of vehicles than provided in Section 16, such fleet may be prorated as to registration in such States, in which event the vehicles in such fleet shall not be required to register in any other contracting States if each sure vehicle is registered in some contracting State (except to the extent it is exempt from registration as provided in Section 31).

 

            If the administrator of any State determines, based on the method of the operation thereof, that the inclusion of a vehicle or vehicles as a part of a fleet would adversely affect the proper fleet fee which should be paid his State, having due regard for fairness and equity, he may refuse to permit any or all of such vehicles to be included in his State as a part of such fleet.

 

            Section 51.  "Determination of Number of Vehicles in a Fleet".  In determining the number of commercial vehicles in a fleet for the purposes of proration of registration, each individual unit of a combination of vehicles shall be counted as one vehicle.

 

            Section 52.  "Total Fleet Miles".  Total fleet miles, with respect to each contracting State, shall mean the total miles operated by the fleet (1) in such State, (2) in all other contracting States, (3) in other States having proportionate registration provisions, (4) in States with which such contracting State has reciprocity, and (5) in such other States as the administrator determines should be included under the circumstances in order to protect or promote the interest of his State; except that in States having laws requiring proration on the basis of a different determination of total fleet miles, total fleet miles shall be determined on such basis.

 

            Section 53.  "Leases Vehicles".  If a commercial vehicle is operated by a person other than the owner as a part of a fleet which is subject to the provisions of this article, then the operator of such fleet shall be deemed to be the owner of said vehicle for the purposes of this article.

 

            Section 54.  "Extent of Privilege".  Upon the registration of a fleet in a contracting State pursuant to this article, each vehicle in the fleet may be operated in both interstate and intrastate operations in such State (except as provided in Section 34).

 

            Section 55.  "Application for Proration".  The application for proration of registration shall be made in each contracting State upon substantially the application forms and supplements thereto appended to this agreement as Exhibit 1 and made a part hereof.

 

            Section 56.  "Issuance of Identification".  Upon registration of a fleet, the State which is the base State of a particular vehicle of the fleet, shall issue the required license plates and registration card for such vehicle, and each contracting State in which the fleet of which such vehicle is a part, operates shall issue a special identification identifying such vehicle as a part of a fleet which has fully complied with the registration requirement of such State. The required license plates, registration cards and identification shall be appropriately displayed in the manner required by the administrator of each respective State.

 

            Section 57.  "Additions to the Fleet". If any vehicle is added to a prorated fleet after the filing of the original application, the owner shall file a supplemental application in accordance with the instruction.  The owner shall register such vehicle in each contracting State in like manner as provided for vehicles listed in an original application and the registration fee payable shall be determined on the mileage proportion used to determine the registration fees payable for vehicles registered under the original application.

 

            Section 58.  "Withdrawals from Fleet".  If any vehicle is withdrawn from a prorated fleet during the period for which it is registered or identified, the owner shall notify the administrator of each State in which it is registered or identified of such withdrawal and shall return the plates, and registration card or identification as may be required by each administrator.

 

            Section 59.  "Audits".  The administrator of each contracting State shall, within the statutory authority of such administrator, make any information obtained upon an audit of records of any applicant for proration of registration available to the administrators of the other contracting States.

 

            Section 60.  "Errors in Registration".  If it is determined by the administrator of a contracting State, as a result of such audits or otherwise, that an improper fee has been paid his State, or errors in registration found, the administrator may require the fleet owner to make the necessary corrections in the registration of his fleet and payment of fees.

 

ARTICLE 5.  RECIPROCITY

 

            Section 70.  "Grant of Reciprocity".  Each of the contracting States grants reciprocity as provided in this article.

 

            Section 71.  "Applicability".  The provisions of this agreement with respect to reciprocity shall apply only to a vehicle properly registered in the base State of the vehicle, which State must be contracting State.

 

            Section 72.  "Non-applicability to Fleet Vehicles".  The reciprocity granted pursuant to this article shall not apply to a vehicle which is entitled to be registered or identified as part of a prorated fleet.

 

            Section 73.  "Extent of Reciprocity".  The reciprocity granted pursuant to this article shall permit both interstate and intrastate operation of a vehicle which is not a commercial vehicle.  The reciprocity granted pursuant to this article shall permit the interstate operation of a commercial vehicle and intrastate operation which is incidental to a trip of such vehicle involving interstate operation.

 

            Section 74.  "Other Agreements".  Nothing in this agreement shall be construed to prohibit any of the contracting States from entering into separate agreements with each other for the granting of temporary permits for the intrastate operation of vehicles registered in the other State; nor to prevent any of the contracting States from entering into agreements to grant reciprocity for intrastate operation within any zone or zones agreed upon by the States.

 

            Section 75.  "Establishment of New Residence".  Whenever an individual who is the owner of a noncommercial vehicle granted reciprocity pursuant to this agreement establishes domicile during the registration period in another contracting State, he shall not be required to register his vehicle in such State, he shall not be required to register his vehicle in such State until the expiration of the current registration of the vehicle unless the law of the State otherwise provides.

 

ARTICLE 6.  EFFECTIVE DATE.  CANCELLATION OR REVOCATION.

 

            Section 90.  "Effective Date".  This revised agreement shall become effective upon arrival and shall apply to registrations beginning with the 1957 registration year, but changes in the agreement shall not affect registrations for the 1956 registration year.

 

            Section 91.  "Cancellation or Revocation".  This agreement shall continue in full force thereafter until cancelled or revoked by the official or officials of any contracting State authorized to enter into this agreement, upon 30 days written notice to the corresponding officials of the other contracting States.

 

(Source:  Amended at 7 Ill. Reg. 1436, effective January 21, 1983)

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)

Section 1010.APPENDIX C   Affirmation Supporting Salvage Certificate

 

 

 

 

 

 

 

CODE FOR ESSENTIAL PARTS LIST

 

A.	Right front fender/rear fender
B.	Left front fender/rear fender
*C.	Right rear quarter panel/bed slide
*D.	Left rear quarter panel/bed slide
E.	Hood
F.	Right front door
G.	Right rear door
H.	Left front door
I.	Left rear door
J.	Hatchback/deck lid/tailgate/trunk lid
K.	Right T-top
L.	Left T-top
M.	Moon roof/sunroof/astro body
N.	Front end assembly (headlights – fenders − hood)
O.	Front clip (FEA – with cowl attached)
P.	Rear clip (quarter panels – fenders – floor – top)
Q.	Clip cab (roof – back panel − floor)
R.	Cab (clip cab – with cowl)
*S.	Bed
T.	Frame
U.	Engine
*V.	Transmission
W.	Cowl
X.	Transmission (Second Division)
Y.	Aluminum wheels
Z.	Chassis/shell/hulk

 

 

SEATS		RADIOS		MOTORCYCLES
AA.	Front seat	AG.	Cassette/compact disc	*AP.	Faring
AB.	Rear seat	AH.	Cassette radio	*AQ.	Fuel tanks
AC.	Left front seat	AI.	Compact disc changer	*AR.	Fork
AD.	Right front seat	AJ.	Compact disc player
AE.	Left rear seat	AK.	Compact disc radio
AF.	Right rear seat	AL.	Stereo radio (AM/FM)
		*AM.	Front bumper (NHTSA veh)
		*AN.	Rear bumper (NHTSA veh)

 

*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)

Section 1010.APPENDIX D   Specialty License Plates Request Form

 

 

(Source:  Added at 32 Ill. Reg. 17253, effective October 15, 2008)