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Public Act 103-0209
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| HB3876 Enrolled | LRB103 05102 HEP 50116 b |
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AN ACT concerning transportation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Vehicle Code is amended by |
changing Sections 3-402 and 3-407 as follows:
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(625 ILCS 5/3-402) (from Ch. 95 1/2, par. 3-402)
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Sec. 3-402. Vehicles subject to registration; exceptions.
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A. Exemptions and Policy. Every motor vehicle, trailer, |
semitrailer and
pole trailer when driven or moved upon a |
highway shall be subject to the
registration and certificate |
of title provisions of this Chapter except:
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(1) Any such vehicle driven or moved upon a highway in |
conformance with
the
provisions of this Chapter relating |
to manufacturers, transporters, dealers,
lienholders or |
nonresidents or under a temporary registration permit |
issued
by the Secretary of State;
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(2) Any implement of husbandry whether of a type |
otherwise subject to
registration hereunder or not which |
is only incidentally operated or moved
upon a highway, |
which shall include a not-for-hire movement for the |
purpose
of delivering farm commodities to a place of first |
processing or sale, or
to a place of storage;
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(3) Any special mobile equipment as herein defined;
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(4) Any vehicle which is propelled exclusively by |
electric power obtained
from overhead trolley wires though |
not operated upon rails;
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(5) Any vehicle which is equipped and used exclusively |
as a pumper, ladder
truck, rescue vehicle, searchlight |
truck, or other fire apparatus, but not
a vehicle of a type |
which would otherwise be subject to registration as a
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vehicle of the first division;
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(6) Any vehicle which is owned and operated by the |
federal government
and externally displays evidence of |
federal ownership. It is the policy
of the State of |
Illinois to promote and encourage the fullest use of its
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highways and to enhance the flow of commerce thus |
contributing to the economic,
agricultural, industrial and |
social growth and development of this State,
by |
authorizing the Secretary of State to negotiate and enter |
into reciprocal
or proportional agreements or arrangements |
with other States, or to issue
declarations setting forth |
reciprocal exemptions, benefits and privileges
with |
respect to vehicles operated interstate which are properly |
registered
in this and other States, assuring nevertheless |
proper registration of vehicles
in Illinois as may be |
required by this Code;
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(7) Any converter dolly or tow dolly which merely |
serves as
substitute wheels for another
legally licensed |
vehicle. A title may be issued on a voluntary basis to
a |
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tow dolly upon receipt of the manufacturer's certificate |
of origin or
the bill of sale;
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(8) Any house trailer found to be an abandoned mobile |
home under the
Abandoned Mobile Home Act;
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(9) Any vehicle that is not properly registered or |
does not have
registration plates or digital registration |
plates issued to the owner or operator affixed thereto, or |
that
does have registration plates or digital registration |
plates issued to the owner or operator affixed thereto
but |
the plates are not appropriate for the weight of the |
vehicle, provided that
this
exemption shall apply only |
while the vehicle is being transported or operated
by a |
towing service and has a third tow plate affixed to
it.
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B. Reciprocity. Any motor vehicle, trailer, semitrailer or |
pole trailer
need not be registered under this Code provided |
the same is operated interstate
and in accordance with the |
following provisions and any rules and regulations
promulgated |
pursuant thereto:
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(1) A nonresident owner, except as otherwise provided |
in this Section,
owning any foreign registered vehicle of |
a type otherwise subject to
registration hereunder, may |
operate or permit the operation of such vehicle
within |
this State in interstate commerce without registering such |
vehicle
in, or paying any fees to, this State subject to |
the condition that such
vehicle at all times when operated |
in this State is operated pursuant to a
reciprocity |
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agreement, arrangement or declaration by this State, and
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further subject to the condition that such vehicle at all |
times when
operated in this State is duly registered in, |
and displays upon it, a valid
registration card and |
registration plate or plates or digital registration plate |
or plates issued for such vehicle
in the place of |
residence of such owner and is issued and maintains in |
such
vehicle a valid Illinois reciprocity permit as |
required by the Secretary of
State, and provided like |
privileges are afforded to residents of this State
by the |
State of residence of such owner.
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Every nonresident including any foreign corporation |
carrying on business
within this State and owning and |
regularly operating in such business any
motor vehicle, |
trailer or semitrailer within this State in intrastate |
commerce,
shall be required to register each such vehicle |
and pay the same fees therefor
as is required with |
reference to like vehicles owned by residents of this
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State.
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(2) Any motor vehicle, trailer, semitrailer and pole |
trailer operated
interstate need not be registered in this |
State, provided:
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(a) that the vehicle is properly registered in |
another
State pursuant to law or to a reciprocity |
agreement, arrangement or
declaration; or
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(b) that such vehicle is part of a fleet of |
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vehicles owned or operated
by the same person who |
registers such fleet of vehicles pro rata among the
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various States in which such fleet operates; or
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(c) that such vehicle is part of a fleet of |
vehicles, a portion of which
are registered with the |
Secretary of State of Illinois in accordance with
an |
agreement or arrangement concurred in by the Secretary |
of State of
Illinois based on one or more of the |
following factors: ratio of miles in
Illinois as |
against total miles in all jurisdictions; situs
or |
base of a vehicle, or where it is principally garaged, |
or from whence
it is principally dispatched or where |
the movements of such vehicle usually
originate; situs |
of the residence of the owner or operator thereof, or |
of
his principal office or offices, or of his places of |
business; the routes
traversed and whether regular or |
irregular routes are traversed, and the
jurisdictions |
traversed and served; and such other factors as may be |
deemed
material by the Secretary and the motor vehicle |
administrators of the other
jurisdictions involved in |
such apportionment. Such vehicles shall maintain |
therein any reciprocity permit
which may be required |
by the Secretary of State pursuant to rules and
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regulations which the Secretary of State may |
promulgate in the
administration of this Code, in the |
public interest.
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(3)(a) In order to effectuate the purposes of this |
Code, the Secretary
of State of Illinois is empowered to |
negotiate and execute written reciprocal
agreements or |
arrangements with the duly authorized representatives of |
other
jurisdictions, including States, districts, |
territories and possessions
of the United States, and |
foreign states, provinces, or countries, granting
to |
owners or operators of vehicles duly registered or |
licensed in such
other jurisdictions and for which |
evidence of compliance is supplied,
benefits, privileges |
and exemption from the payment, wholly or partially,
of |
any taxes, fees or other charges imposed with respect to |
the ownership
or operation of such vehicles by the laws of |
this State except the tax
imposed by the Motor Fuel Tax |
Law, approved March 25, 1929, as amended, and
the tax |
imposed by the Use Tax Act, approved July 14, 1955, as |
amended.
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The Secretary of State may negotiate agreements or |
arrangements as are in
the best interests of this State |
and the residents of this State pursuant
to the policies |
expressed in this Section taking into consideration the
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reciprocal exemptions, benefits and privileges available |
and accruing to
residents of this State and vehicles |
registered in this State.
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(b) Such reciprocal agreements or arrangements shall |
provide that vehicles
duly registered or licensed in this |
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State when operated upon the highways
of such other |
jurisdictions, shall receive exemptions, benefits and |
privileges
of a similar kind or to a similar degree as |
extended to vehicles from such
jurisdictions in this |
State.
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(c) Such agreements or arrangements may also authorize |
the apportionment of
registration or licensing of fleets |
of vehicles operated interstate, based
on any or all of |
the following factors: ratio of miles in Illinois as |
against
total miles in all jurisdictions; situs or base of |
a vehicle, or where it
is principally garaged or from |
whence it is principally dispatched or where
the movements |
of such vehicle usually originate; situs of the residence
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of the owner or operator thereof, or of his principal |
office or offices,
or of his places of business; the |
routes traversed and whether regular or
irregular routes |
are traversed, and the jurisdictions traversed and served;
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and such other factors as may be deemed material by the |
Secretary and the
motor vehicle administrators of the |
other jurisdictions involved in such
apportionment, and |
such vehicles shall likewise be entitled to reciprocal
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exemptions, benefits and privileges.
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(d) Such agreements or arrangements shall also provide |
that vehicles being
operated in intrastate commerce in |
Illinois shall comply with the registration
and licensing |
laws of this State, except that vehicles which are part of
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an apportioned fleet may conduct an intrastate operation |
incidental to their
interstate operations. Any motor |
vehicle properly registered and qualified
under any |
reciprocal agreement or arrangement under this Code and |
not having
a situs or base within Illinois may complete |
the inbound movement of a trailer
or semitrailer to an |
Illinois destination that was brought into Illinois
by a |
motor vehicle also properly registered and qualified under |
this Code
and not having a situs or base within Illinois, |
or may complete an outbound
movement of a trailer or |
semitrailer to an out-of-state destination that
was |
originated in Illinois by a motor vehicle also properly |
registered and
qualified under this Code and not having a |
situs or base in Illinois, only
if the operator thereof |
did not break bulk of the cargo laden in such
inbound or |
outbound trailer or semitrailer. Adding or unloading |
intrastate
cargo on such inbound or outbound trailer or |
semitrailer shall be deemed
as breaking bulk.
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(e) Such agreements or arrangements may also provide |
for the determination
of the proper State in which leased |
vehicles shall be registered based on
the factors set out |
in subsection (c) above and for apportionment of
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registration of fleets of leased vehicles by the lessee or |
by the lessor
who leases such vehicles to persons who are |
not fleet operators.
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(f) Such agreements or arrangements may also include |
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reciprocal
exemptions, benefits or privileges accruing |
under The Illinois Driver
Licensing Law or The Driver |
License Compact.
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(4) The Secretary of State is further authorized to |
examine the laws
and requirements of other jurisdictions, |
and, in the absence of a written
agreement or arrangement, |
to issue a written declaration of the extent and
nature of |
the exemptions, benefits and privileges accorded to |
vehicles of
this State by such other jurisdictions, and |
the extent and nature of reciprocal
exemptions, benefits |
and privileges thereby accorded by this State to the
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vehicles of such other jurisdictions. A declaration by the |
Secretary of
State may include any, part or all reciprocal |
exemptions, benefits and
privileges or provisions as may |
be included within an agreement or arrangement.
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(5) All agreements, arrangements, declarations and |
amendments thereto,
shall be in writing and become |
effective when signed by the Secretary of
State, and |
copies of all such documents shall be available to the |
public upon request.
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(6) The Secretary of State is further authorized to |
require the display
by foreign registered trucks, |
truck-tractors and buses, entitled to reciprocal
benefits, |
exemptions or privileges hereunder, a reciprocity permit |
for
external display before any such reciprocal benefits, |
exemptions or privileges
are granted. The Secretary of |
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State shall provide suitable application forms
for such |
permit and shall promulgate and publish reasonable rules |
and
regulations for the administration and enforcement of |
the provisions of
this Code including a provision for |
revocation of such permit as to any
vehicle operated |
wilfully in violation of the terms of any reciprocal
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agreement, arrangement or declaration or in violation
of |
the Illinois Motor Carrier of Property Law, as amended.
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(7)(a) Upon the suspension, revocation or denial of |
one or more of all
reciprocal benefits, privileges and |
exemptions existing pursuant to the
terms and provisions |
of this Code or by virtue of a reciprocal agreement
or |
arrangement or declaration thereunder; or, upon the |
suspension, revocation
or denial of a reciprocity permit; |
or, upon any action or inaction of the
Secretary in the |
administration and enforcement of the provisions of this
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Code, any person, resident or nonresident, so aggrieved, |
may serve upon
the Secretary, a petition in writing and |
under oath, setting forth the
grievance of the petitioner, |
the grounds and basis for the relief sought,
and all |
necessary facts and particulars, and request an |
administrative
hearing thereon. Within 20 days, the |
Secretary shall set a hearing date as
early as practical. |
The Secretary may, in his discretion, supply forms for
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such a petition.
The Secretary may require the payment of |
a fee of not more than $50 for the
filing of any petition, |
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motion, or request for hearing conducted pursuant to
this |
Section. These fees must be deposited into the Secretary |
of State DUI
Administration Fund, a special fund that is |
hereby created in the State
treasury, and, subject
to |
appropriation and as directed by the Secretary of State, |
shall be used to
fund
the operation of the hearings |
department of the Office of the Secretary of
State
and for |
no other purpose. The
Secretary shall establish by rule |
the amount and the procedures, terms, and
conditions |
relating to these fees.
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(b) The Secretary may likewise, in his discretion and |
upon his own
petition,
order a hearing, when in his best |
judgment, any person is not entitled to
the reciprocal |
benefits, privileges and exemptions existing pursuant to
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the terms and provisions of this Code or under a |
reciprocal agreement or
arrangement or declaration |
thereunder or that a vehicle owned or operated
by such |
person is improperly registered or licensed, or that an |
Illinois
resident has improperly registered or licensed a |
vehicle in another
jurisdiction for the purposes of |
violating or avoiding the registration
laws of this State.
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(c) The Secretary shall notify a petitioner or any |
other person involved
of such a hearing, by giving at |
least 10 days notice, in writing, by U.S.
Mail, Registered |
or Certified, or by personal service, at the last known
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address of such petitioner or person, specifying the time |
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and place of such
hearing. Such hearing shall be held |
before the Secretary, or any person
as he may designate, |
and unless the parties mutually agree to some other
county |
in Illinois, the hearing shall be held in the County of |
Sangamon
or the County of Cook. Appropriate records of the |
hearing shall be kept,
and the Secretary shall issue or |
cause to be issued, his decision on the
case, within 30 |
days after the close of such hearing or within 30 days |
after
receipt of the transcript thereof, and a copy shall |
likewise be served or
mailed to the petitioner or person |
involved.
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(d) The actions or inactions or determinations, or |
findings and decisions
upon an administrative hearing, of |
the Secretary, shall be subject to judicial
review in the |
Circuit Court of the County of Sangamon or the County of |
Cook,
and the provisions of the Administrative Review Law,
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and all amendments and modifications thereof and rules |
adopted pursuant
thereto, apply to and govern all such |
reviewable matters.
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Any reciprocal agreements or arrangements entered into |
by the Secretary
of State or any declarations issued by |
the Secretary of State pursuant to
any law in effect prior |
to the effective date of this Code are not hereby
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abrogated, and such shall continue in force and effect |
until amended pursuant
to the provisions of this Code or |
expire pursuant to the terms or provisions
thereof.
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C. Vehicles purchased out-of-state. A resident of this |
State who
purchases a vehicle in another state and transports |
the vehicle to Illinois
shall apply for registration and |
certificate of title as soon
as practicable, but in no event |
more than 45 days after the purchase of the
vehicle. If an |
Illinois motorist who purchased a vehicle from an out-of-state
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licensed dealer is unable to meet the 45-day deadline due to a |
delay in
paperwork from the seller, that motorist may obtain |
an Illinois temporary
registration plate with: (i) proof of |
purchase; (ii) proof of meeting the
Illinois driver's license |
or identification card requirement; and (iii) proof
that |
Illinois title and registration fees have been paid. If fees |
have not
been paid, the motorist may pay the fees in order to |
obtain the temporary
registration plate. The owner of such a |
vehicle shall display any temporary
permit or registration |
issued in accordance with Section 3-407. |
(Source: P.A. 101-395, eff. 8-16-19.)
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(625 ILCS 5/3-407) (from Ch. 95 1/2, par. 3-407)
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Sec. 3-407. Temporary permit or registration pending |
registration.
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(a) Temporary Permit. The Secretary of State in his |
discretion may
grant a temporary permit or placard to operate |
a vehicle for which
application for
registration and |
certificate of title has been made where such application
is |
made by the holder of a valid Illinois driver's license or |
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identification
card, or equivalent documentation, and |
accompanied by the proper fee, pending action upon said |
application by
the Secretary of State. If the person making
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the application is primarily a resident of a state other than |
the State of
Illinois, that person shall provide a valid |
driver's license or
identification card, or equivalent |
documentation, of that primary state of
residence, accompanied |
by the proper fee, and one or more of the following:
(i) proof |
of ownership or lease agreement for a residence in Illinois; |
(ii)
proof of enrollment in an Illinois college, university, |
or other institution of
higher education; or (iii) proof of |
active duty military status. In lieu of payment of the proper |
fee, the Secretary
of State may accept a bond therefor or a |
certificate of deposit, in the
proper amount, and in the same |
form and subject to the same requirements as
the payment of |
such fees or taxes on an installment basis, except that the
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fees or taxes due shall be payable and paid to the Secretary of |
State. The
design, color and format of the temporary permit or |
placard shall be wholly
within the discretion of the Secretary |
of State.
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(b) Temporary Registration. The Secretary of State in his |
discretion may
issue registration plates to an owner for which |
application and certificate
of title has been made where such |
application is accompanied by the proper
fee and tax, pending |
completion of the said application by the applicant
and the |
Secretary, subject however to rules and regulations |