Bill Text: IL HB5056 | 2017-2018 | 100th General Assembly | Chaptered


Bill Title: Amends the Illinois Vehicle Code. Defines "road machine". Provides that the owner of a junk vehicle is not required to surrender the vehicle's certificate of title under certain circumstances. Provides that the Secretary of State may use alternating numeric and alphabetical characters when issuing a special registration plate. Provides that a permanent vehicle registration plate shall be issued for a one-time fee of $8 to certain types of buses operating within a municipality. Provides that any vehicle with a permanent vehicle registration plate owned or operated by a public school district from grades K-12, a public community college, or a medical facility or hospital is exempt from any fee for the transfer of registration. Provides that the Secretary shall notify the State Police or the Secretary of State Department of Police if an application for a certificate of title or registration of a vehicle and the vehicle has been reported stolen or converted is received. Provides that the Secretary of State Department of Police shall conduct an investigation concerning the identity of the registered owner of the vehicle. Allows the Secretary of State Department of Police to restore, restamp, or reaffix a vehicle identification number plate or affix a new plate bearing the original manufacturer's vehicle identification number. Provides that a new or used vehicle dealer cannot issue any other person a newly created key to a vehicle without a color photocopy or electronic scan of the driver's license or identification card. Provides that for certain recyclable metals, a scrap processor shall obtain a color photocopy or electronic scan of the driver's license or identification card. Repeals a provision providing for 2-year registration period for buses operating within a municipality. Makes other changes. Effective January 1, 2019.

Spectrum: Slight Partisan Bill (Democrat 4-2)

Status: (Passed) 2018-08-19 - Public Act . . . . . . . . . 100-0956 [HB5056 Detail]

Download: Illinois-2017-HB5056-Chaptered.html



Public Act 100-0956
HB5056 EnrolledLRB100 18646 LNS 33873 b
AN ACT concerning transportation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Vehicle Code is amended by changing
Sections 3-117.1, 3-405.1, 3-414, 3-600, 3-803, 3-804.01,
3-808.1, 3-815, 3-821, 4-107, 5-101, 5-102, 5-401.3, and 13-101
and by adding Section 1-177.5 as follows:
(625 ILCS 5/1-177.5 new)
Sec. 1-177.5. Road machine. A machine or implement designed
and used primarily for building, repair, or construction and
involves only temporary operation on roadways for purposes
other than transportation.
(625 ILCS 5/3-117.1) (from Ch. 95 1/2, par. 3-117.1)
Sec. 3-117.1. When junking certificates or salvage
certificates must be obtained.
(a) Except as provided in Chapter 4 and Section 3-117.3 of
this Code, a person who possesses a junk vehicle shall within
15 days cause the certificate of title, salvage certificate,
certificate of purchase, or a similarly acceptable out of state
document of ownership to be surrendered to the Secretary of
State along with an application for a junking certificate,
except as provided in Section 3-117.2, whereupon the Secretary
of State shall issue to such a person a junking certificate,
which shall authorize the holder thereof to possess, transport,
or, by an endorsement, transfer ownership in such junked
vehicle, and a certificate of title shall not again be issued
for such vehicle. The owner of a junk vehicle is not required
to surrender the certificate of title under this subsection if
(i) there is no lienholder on the certificate of title or (ii)
the owner of the junk vehicle has a valid lien release from the
lienholder releasing all interest in the vehicle and the owner
applying for the junk certificate matches the current record on
the certificate of title file for the vehicle.
A licensee who possesses a junk vehicle and a Certificate
of Title, Salvage Certificate, Certificate of Purchase, or a
similarly acceptable out-of-state document of ownership for
such junk vehicle, may transport the junk vehicle to another
licensee prior to applying for or obtaining a junking
certificate, by executing a uniform invoice. The licensee
transferor shall furnish a copy of the uniform invoice to the
licensee transferee at the time of transfer. In any case, the
licensee transferor shall apply for a junking certificate in
conformance with Section 3-117.1 of this Chapter. The following
information shall be contained on a uniform invoice:
(1) The business name, address and dealer license
number of the person disposing of the vehicle, junk vehicle
or vehicle cowl;
(2) The name and address of the person acquiring the
vehicle, junk vehicle or vehicle cowl, and if that person
is a dealer, the Illinois or out-of-state dealer license
number of that dealer;
(3) The date of the disposition of the vehicle, junk
vehicle or vehicle cowl;
(4) The year, make, model, color and description of
each vehicle, junk vehicle or vehicle cowl disposed of by
such person;
(5) The manufacturer's vehicle identification number,
Secretary of State identification number or Illinois
Department of State Police number, for each vehicle, junk
vehicle or vehicle cowl part disposed of by such person;
(6) The printed name and legible signature of the
person or agent disposing of the vehicle, junk vehicle or
vehicle cowl; and
(7) The printed name and legible signature of the
person accepting delivery of the vehicle, junk vehicle or
vehicle cowl.
The Secretary of State may certify a junking manifest in a
form prescribed by the Secretary of State that reflects those
vehicles for which junking certificates have been applied or
issued. A junking manifest may be issued to any person and it
shall constitute evidence of ownership for the vehicle listed
upon it. A junking manifest may be transferred only to a person
licensed under Section 5-301 of this Code as a scrap processor.
A junking manifest will allow the transportation of those
vehicles to a scrap processor prior to receiving the junk
certificate from the Secretary of State.
(b) An application for a salvage certificate shall be
submitted to the Secretary of State in any of the following
situations:
(1) 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 except that
ownership of (i) a vehicle that has incurred only hail
damage that does not affect the operational safety of the
vehicle or (ii) any vehicle 9 model years of age or older
may, by agreement between the registered owner and the
insurance company, be retained by the registered owner of
such vehicle. The insurance company shall promptly deliver
or mail within 20 days the certificate of title along with
proper application and fee to the Secretary of State, and a
salvage certificate shall be issued in the name of the
insurance company. Notwithstanding the foregoing, an
insurer making payment of damages on a total loss claim for
the theft of a vehicle shall not be required to apply for a
salvage certificate unless the vehicle is recovered and has
incurred damage that initially would have caused the
vehicle to be declared a total loss by the insurer.
(1.1) When a vehicle of a self-insured company is to be
sold in the State of Illinois and has sustained damaged by
collision, fire, theft, rust corrosion, or other means so
that the self-insured company determines the vehicle to be
a total loss, or if the cost of repairing the damage,
including labor, would be greater than 70% of its fair
market value without that damage, the vehicle shall be
considered salvage. The self-insured company shall
promptly deliver the certificate of title along with proper
application and fee to the Secretary of State, and a
salvage certificate shall be issued in the name of the
self-insured company. A self-insured company 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. In such a situation, the self-insured shall fill
out and sign a form prescribed by the Secretary of State
which contains an affirmation under penalty of perjury that
the vehicle was recovered without damage and the Secretary
of State may, by rule, require photographs to be submitted.
(2) When a vehicle the ownership of which has been
transferred to any person through a certificate of purchase
from acquisition of the vehicle at an auction, other
dispositions as set forth in Sections 4-208 and 4-209 of
this Code, a lien arising under Section 18a-501 of this
Code, or a public sale under the Abandoned Mobile Home Act
shall be deemed salvage or junk at the option of the
purchaser. The person acquiring such vehicle in such manner
shall promptly deliver or mail, within 20 days after the
acquisition of the vehicle, the certificate of purchase,
the proper application and fee, and, if the vehicle is an
abandoned mobile home under the Abandoned Mobile Home Act,
a certification from a local law enforcement agency that
the vehicle was purchased or acquired at a public sale
under the Abandoned Mobile Home Act to the Secretary of
State and a salvage certificate or junking certificate
shall be issued in the name of that person. The salvage
certificate or junking certificate issued by the Secretary
of State under this Section shall be free of any lien that
existed against the vehicle prior to the time the vehicle
was acquired by the applicant under this Code.
(3) A vehicle which has been repossessed by a
lienholder shall be considered to be salvage only when the
repossessed vehicle, on the date of repossession by the
lienholder, has sustained damage by collision, fire,
theft, rust corrosion, or other means so that the cost of
repairing such damage, including labor, would be greater
than 33 1/3% of its fair market value without such damage.
If the lienholder determines that such vehicle is damaged
in excess of 33 1/3% of such fair market value, the
lienholder shall, before sale, transfer or assignment of
the vehicle, make application for a salvage certificate,
and shall submit with such application the proper fee and
evidence of possession. If the facts required to be shown
in subsection (f) of Section 3-114 are satisfied, the
Secretary of State shall issue a salvage certificate in the
name of the lienholder making the application. In any case
wherein the vehicle repossessed is not damaged in excess of
33 1/3% of its fair market value, the lienholder shall
comply with the requirements of subsections (f), (f-5), and
(f-10) of Section 3-114, except that the affidavit of
repossession made by or on behalf of the lienholder shall
also contain an affirmation under penalty of perjury that
the vehicle on the date of sale is not damaged in excess of
33 1/3% of its fair market value. If the facts required to
be shown in subsection (f) of Section 3-114 are satisfied,
the Secretary of State shall issue a certificate of title
as set forth in Section 3-116 of this Code. The Secretary
of State may by rule or regulation require photographs to
be submitted.
(4) A vehicle which is a part of a fleet of more than 5
commercial vehicles registered in this State or any other
state or registered proportionately among several states
shall be considered to be salvage when such vehicle has
sustained damage by collision, fire, theft, rust,
corrosion or similar means so that the cost of repairing
such damage, including labor, would be greater than 33 1/3%
of the fair market value of the vehicle without such
damage. If the owner of a fleet vehicle desires to sell,
transfer, or assign his interest in such vehicle to a
person within this State other than an insurance company
licensed to do business within this State, and the owner
determines that such vehicle, at the time of the proposed
sale, transfer or assignment is damaged in excess of 33
1/3% of its fair market value, the owner shall, before such
sale, transfer or assignment, make application for a
salvage certificate. The application shall contain with it
evidence of possession of the vehicle. If the fleet vehicle
at the time of its sale, transfer, or assignment is not
damaged in excess of 33 1/3% of its fair market value, the
owner shall so state in a written affirmation on a form
prescribed by the Secretary of State by rule or regulation.
The Secretary of State may by rule or regulation require
photographs to be submitted. Upon sale, transfer or
assignment of the fleet vehicle the owner shall mail the
affirmation to the Secretary of State.
(5) A vehicle that has been submerged in water to the
point that rising water has reached over the door sill and
has entered the passenger or trunk compartment is a "flood
vehicle". A flood vehicle shall be considered to be salvage
only if the vehicle has sustained damage so that the cost
of repairing the damage, including labor, would be greater
than 33 1/3% of the fair market value of the vehicle
without that damage. The salvage certificate issued under
this Section shall indicate the word "flood", and the word
"flood" shall be conspicuously entered on subsequent
titles for the vehicle. A person who possesses or acquires
a flood vehicle that is not damaged in excess of 33 1/3% of
its fair market value shall make application for title in
accordance with Section 3-116 of this Code, designating the
vehicle as "flood" in a manner prescribed by the Secretary
of State. The certificate of title issued shall indicate
the word "flood", and the word "flood" shall be
conspicuously entered on subsequent titles for the
vehicle.
(6) When any licensed rebuilder, repairer, new or used
vehicle dealer, or remittance agent has submitted an
application for title to a vehicle (other than an
application for title to a rebuilt vehicle) that he or she
knows or reasonably should have known to have sustained
damages in excess of 33 1/3% of the vehicle's fair market
value without that damage; provided, however, that any
application for a salvage certificate for a vehicle
recovered from theft and acquired from an insurance company
shall be made as required by paragraph (1) of this
subsection (b).
(c) Any person who without authority acquires, sells,
exchanges, gives away, transfers or destroys or offers to
acquire, sell, exchange, give away, transfer or destroy the
certificate of title to any vehicle which is a junk or salvage
vehicle shall be guilty of a Class 3 felony.
(d) Except as provided under subsection (a), any Any person
who knowingly fails to surrender to the Secretary of State a
certificate of title, salvage certificate, certificate of
purchase or a similarly acceptable out-of-state document of
ownership as required under the provisions of this Section is
guilty of a Class A misdemeanor for a first offense and a Class
4 felony for a subsequent offense; except that a person
licensed under this Code who violates paragraph (5) of
subsection (b) of this Section is guilty of a business offense
and shall be fined not less than $1,000 nor more than $5,000
for a first offense and is guilty of a Class 4 felony for a
second or subsequent violation.
(e) Any vehicle which is salvage or junk may not be driven
or operated on roads and highways within this State. A
violation of this subsection is a Class A misdemeanor. A
salvage vehicle displaying valid special plates issued under
Section 3-601(b) of this Code, which is being driven to or from
an inspection conducted under Section 3-308 of this Code, is
exempt from the provisions of this subsection. A salvage
vehicle for which a short term permit has been issued under
Section 3-307 of this Code is exempt from the provisions of
this subsection for the duration of the permit.
(Source: P.A. 99-932, eff. 6-1-17; 100-104, eff. 11-9-17.)
(625 ILCS 5/3-405.1) (from Ch. 95 1/2, par. 3-405.1)
Sec. 3-405.1. Application for vanity and personalized
license plates.
(a) Vanity license plates mean any license plates, assigned
to a passenger motor vehicle of the first division, to a motor
vehicle of the second division registered at not more than
8,000 pounds, to a trailer weighing 8,000 pounds or less paying
the flat weight tax, to a funeral home vehicle, or to a
recreational vehicle, which display a registration number
containing 1 to 7 letters and no numbers or 1, 2, or 3 numbers
and no letters as requested by the owner of the vehicle and
license plates issued to retired members of Congress under
Section 3-610.1 or to retired members of the General Assembly
as provided in Section 3-606.1. Personalized license plates
mean any license plates, assigned to a passenger motor vehicle
of the first division, to a motor vehicle of the second
division registered at not more than 8,000 pounds, to a trailer
weighing 8,000 pounds or less paying the flat weight tax, to a
funeral home vehicle, or to a recreational vehicle, which
display a registration number containing one of the following
combinations of letters and numbers, as requested by the owner
of the vehicle:
Standard Passenger Plates
First Division Vehicles
1 letter plus 0-99
2 letters plus 0-99
3 letters plus 0-99
4 letters plus 0-99
5 letters plus 0-99
6 letters plus 0-9
Second Division Vehicles
8,000 pounds or less, Trailers
8,000 pounds or less paying the flat
weight tax, and Recreation Vehicles
0-999 plus 1 letter
0-999 plus 2 letters
0-999 plus 3 letters
0-99 plus 4 letters
0-9 plus 5 letters
(b) For any registration period commencing after December
31, 2003, any person who is the registered owner of a passenger
motor vehicle of the first division, of a motor vehicle of the
second division registered at not more than 8,000 pounds, of a
trailer weighing 8,000 pounds or less paying the flat weight
tax, of a funeral home vehicle, or of a recreational vehicle
registered with the Secretary of State or who makes application
for an original registration of such a motor vehicle or renewal
registration of such a motor vehicle may, upon payment of a fee
prescribed in Section 3-806.1 or Section 3-806.5, apply to the
Secretary of State for vanity or personalized license plates.
(c) Except as otherwise provided in this Chapter 3, vanity
and personalized license plates as issued under this Section
shall be the same color and design as other passenger vehicle
license plates and shall not in any manner conflict with any
other existing passenger, commercial, trailer, motorcycle, or
special license plate series. However, special registration
plates issued under Sections 3-611 and 3-616 for vehicles
operated by or for persons with disabilities may also be vanity
or personalized license plates.
(d) Vanity and personalized license plates shall be issued
only to the registered owner of the vehicle on which they are
to be displayed, except as provided in Sections 3-611 and 3-616
for special registration plates for vehicles operated by or for
persons with disabilities.
(e) An applicant for the issuance of vanity or personalized
license plates or subsequent renewal thereof shall file an
application in such form and manner and by such date as the
Secretary of State may, in his discretion, require.
No vanity nor personalized license plates shall be
approved, manufactured, or distributed that contain any
characters, symbols other than the international accessibility
symbol for vehicles operated by or for persons with
disabilities, foreign words, or letters of punctuation.
(f) Vanity and personalized license plates as issued
pursuant to this Act may be subject to the Staggered
Registration System as prescribed by the Secretary of State.
(g) For purposes of this Section, "funeral home vehicle"
means any motor vehicle of the first division or motor vehicle
of the second division weighing 8,000 pounds or less that is
owned or leased by a funeral home.
(Source: P.A. 95-287, eff. 1-1-08.)
(625 ILCS 5/3-414) (from Ch. 95 1/2, par. 3-414)
Sec. 3-414. Expiration of registration.
(a) Every vehicle registration under this Chapter and every
registration card and registration plate or registration
sticker issued hereunder to a vehicle shall be for the periods
specified in this Chapter and shall expire at midnight on the
day and date specified in this Section as follows:
1. When registered on a calendar year basis commencing
January 1, expiration shall be on the 31st day of December
or at such other date as may be selected in the discretion
of the Secretary of State; however, through December 31,
2004, registrations of apportionable vehicles,
motorcycles, motor driven cycles and pedalcycles shall
commence on the first day of April and shall expire March
31st of the following calendar year;
1.1. Beginning January 1, 2005, registrations of
motorcycles and motor driven cycles shall commence on
January 1 and shall expire on December 31 or on another
date that may be selected by the Secretary; registrations
of apportionable vehicles and pedalcycles, however, shall
commence on the first day of April and shall expire March
31 of the following calendar year;
2. When registered on a 2 calendar year basis
commencing January 1 of an even-numbered year, expiration
shall be on the 31st day of December of the ensuing
odd-numbered year, or at such other later date as may be
selected in the discretion of the Secretary of State not
beyond March 1 next;
3. When registered on a fiscal year basis commencing
July 1, expiration shall be on the 30th day of June or at
such other later date as may be selected in the discretion
of the Secretary of State not beyond September 1 next;
4. When registered on a 2 fiscal year basis commencing
July 1 of an even-numbered year, expiration shall be on the
30th day of June of the ensuing even-numbered year, or at
such other later date as may be selected in the discretion
of the Secretary of State not beyond September 1 next;
5. When registered on a 4 fiscal year basis commencing
July 1 of an even-numbered year, expiration shall be on the
30th day of June of the second ensuing even-numbered year,
or at such other later date as may be selected in the
discretion of the Secretary of State not beyond September 1
next.
(a-5) The Secretary may, in his or her discretion, require
an owner of a motor vehicle of the first division or a motor
vehicle of the second division weighing not more than 8,000
pounds to select the owner's birthday as the date of
registration expiration under this Section. If the motor
vehicle has more than one registered owner, the owners may
select one registered owner's birthday as the date of
registration expiration. The Secretary may adopt any rules
necessary to implement this subsection.
(b) Vehicle registrations of vehicles of the first division
shall be for a calendar year, 2 calendar year, 3 calendar year,
or 5 calendar year basis as provided for in this Chapter.
Vehicle registrations of vehicles under Sections 3-807,
3-808 and 3-809 shall be on an indefinite term basis or a 2
calendar year basis as provided for in this Chapter.
Vehicle registrations for vehicles of the second division
shall be for a fiscal year, 2 fiscal year or calendar year
basis as provided for in this Chapter.
Motor vehicles registered under the provisions of Section
3-402.1 shall be issued multi-year registration plates with a
new registration card issued annually upon payment of the
appropriate fees. Motor vehicles registered under the
provisions of Section 3-405.3 shall be issued multi-year
registration plates with a new multi-year registration card
issued pursuant to subsections (j), (k), and (l) of this
Section upon payment of the appropriate fees. Apportionable
trailers and apportionable semitrailers registered under the
provisions of Section 3-402.1 shall be issued multi-year
registration plates and cards that will be subject to
revocation for failure to pay annual fees required by Section
3-814.1. The Secretary shall determine when these vehicles
shall be issued new registration plates.
(c) Every vehicle registration specified in Section 3-810
and every registration card and registration plate or
registration sticker issued thereunder shall expire on the 31st
day of December of each year or at such other date as may be
selected in the discretion of the Secretary of State.
(d) Every vehicle registration for a vehicle of the second
division weighing over 8,000 pounds, except as provided in
subsection paragraph (g) of this Section, and every
registration card and registration plate or registration
sticker, where applicable, issued hereunder to such vehicles
shall be issued for a fiscal year commencing on July 1st of
each registration year. However, the Secretary of State may,
pursuant to an agreement or arrangement or declaration
providing for apportionment of a fleet of vehicles with other
jurisdictions, provide for registration of such vehicles under
apportionment or for all of the vehicles registered in Illinois
by an applicant who registers some of his vehicles under
apportionment on a calendar year basis instead, and the fees or
taxes to be paid on a calendar year basis shall be identical to
those specified in this Code Act for a fiscal year
registration. Provision for installment payment may also be
made.
(e) Semitrailer registrations under apportionment may be
on a calendar year under a reciprocal agreement or arrangement
and all other semitrailer registrations shall be on fiscal year
or 2 fiscal year or 4 fiscal year basis as provided for in this
Chapter.
(f) The Secretary of State may convert annual registration
plates or 2-year registration plates, whether registered on a
calendar year or fiscal year basis, to multi-year plates. The
determination of which plate categories and when to convert to
multi-year plates is solely within the discretion of the
Secretary of State.
(g) After January 1, 1975, each registration, registration
card and registration plate or registration sticker, where
applicable, issued for a recreational vehicle or recreational
or camping trailer, except a house trailer, used exclusively by
the owner for recreational purposes, and not used commercially
nor as a truck or bus, nor for hire, shall be on a calendar year
basis; except that the Secretary of State shall provide for
registration and the issuance of registration cards and plates
or registration stickers, where applicable, for one 6-month
period in order to accomplish an orderly transition from a
fiscal year to a calendar year basis. Fees and taxes due under
this Code Act for a registration year shall be appropriately
reduced for such 6-month transitional registration period.
(h) The Secretary of State may, in order to accomplish an
orderly transition for vehicles registered under Section
3-402.1 of this Code from a calendar year registration to a
March 31st expiration, require applicants to pay fees and taxes
due under this Code on a 15 month registration basis. However,
if in the discretion of the Secretary of State this creates an
undue hardship on any applicant the Secretary may allow the
applicant to pay 3 month fees and taxes at the time of
registration and the additional 12 month fees and taxes to be
payable no later than March 31, 1992.
(i) The Secretary of State may stagger registrations, or
change the annual expiration date, as necessary for the
convenience of the public and the efficiency of his Office. In
order to appropriately and effectively accomplish any such
staggering, the Secretary of State is authorized to prorate all
required registration fees, rounded to the nearest dollar, but
in no event for a period longer than 18 months, at a monthly
rate for a 12-month 12 month registration fee.
(j) The Secretary of State may enter into an agreement with
a rental owner, as defined in Section 3-400 of this Code, who
registers a fleet of motor vehicles of the first division
pursuant to Section 3-405.3 of this Code to provide for the
registration of the rental owner's vehicles on a 2 or 3
calendar year basis and the issuance of multi-year registration
plates with a new registration card issued up to every 3 years.
(k) The Secretary of State may provide multi-year
registration cards for any registered fleet of motor vehicles
of the first or second division that are registered pursuant to
Section 3-405.3 of this Code. Each motor vehicle of the
registered fleet must carry a an unique multi-year registration
card that displays the vehicle identification number of the
registered motor vehicle. The Secretary of State shall
promulgate rules in order to implement multi-year
registrations.
(l) Beginning with the 2018 registration year, the
Secretary of State may enter into an agreement with a rental
owner, as defined in Section 3-400 of this Code, who registers
a fleet of motor vehicles of the first division under Section
3-405.3 of this Code to provide for the registration of the
rental owner's vehicle on a 5 calendar year basis. Motor
vehicles registered on a 5 calendar year basis shall be issued
a distinct registration plate that expires on a 5-year cycle.
The Secretary may prorate the registration of these
registration plates to the length of time remaining in the
5-year cycle. The Secretary may adopt any rules necessary to
implement this subsection.
(Source: P.A. 99-80, eff. 1-1-16; 99-644, eff. 1-1-17; 100-201,
eff. 8-18-17; revised 10-12-17.)
(625 ILCS 5/3-600) (from Ch. 95 1/2, par. 3-600)
Sec. 3-600. Requirements for issuance of special plates.
(a) The Secretary of State shall issue only special plates
that have been authorized by the General Assembly. Except as
provided in subsection (a-5), the Secretary of State shall not
issue a series of special plates, or Universal special plates
associated with an organization authorized to issue decals for
Universal special plates, unless applications, as prescribed
by the Secretary, have been received for 2,000 plates of that
series. Where a special plate is authorized by law to raise
funds for a specific civic group, charitable entity, or other
identified organization, or when the civic group, charitable
entity, or organization is authorized to issue decals for
Universal special license plates, and where the Secretary of
State has not received the required number of applications to
issue that special plate within 2 years of the effective date
of the Public Act authorizing the special plate or decal, the
Secretary of State's authority to issue the special plate or a
Universal special plate associated with that decal is
nullified. All applications for special plates shall be on a
form designated by the Secretary and shall be accompanied by
any civic group's, charitable entity's, or other identified
fundraising organization's portion of the additional fee
associated with that plate or decal. All fees collected under
this Section are non-refundable and shall be deposited in the
special fund as designated in the enabling legislation,
regardless of whether the plate or decal is produced. Upon the
adoption of this amendatory Act of the 99th General Assembly,
no further special license plates shall be authorized by the
General Assembly unless that special license plate is
authorized under subsection (a-5) of this Section.
(a-5) If the General Assembly authorizes the issuance of a
special plate that recognizes the applicant's military service
or receipt of a military medal or award, the Secretary may
immediately begin issuing that special plate.
(b) The Secretary of State, upon issuing a new series of
special license plates, shall notify all law enforcement
officials of the design, color and other special features of
the special license plate series.
(c) This Section shall not apply to the Secretary of
State's discretion as established in Section 3-611.
(d) If a law authorizing a special license plate provides
that the sponsoring organization is to designate a charitable
entity as the recipient of the funds from the sale of that
license plate, the designated charitable entity must be in
compliance with the registration and reporting requirements of
the Charitable Trust Act and the Solicitation for Charity Act.
In addition, the charitable entity must annually provide the
Secretary of State's office a letter of compliance issued by
the Illinois Attorney General's office verifying the entity is
in compliance with the Acts.
In the case of a law in effect before the effective date of
this amendatory Act of the 97th General Assembly, the name of
the charitable entity which is to receive the funds shall be
provided to the Secretary of State within one year after the
effective date of this amendatory Act of the 97th General
Assembly. In the case of a law that takes effect on or after
the effective date of this amendatory Act of the 97th General
Assembly, the name of the charitable entity which is to receive
the funds shall be provided to the Secretary of State within
one year after the law takes effect. If the organization fails
to designate an appropriate charitable entity within the
one-year period, or if the designated charitable entity fails
to annually provide the Secretary of State a letter of
compliance issued by the Illinois Attorney General's office,
any funds collected from the sale of plates authorized for that
organization and not previously disbursed shall be transferred
to the General Revenue Fund, and the special plates shall be
discontinued.
(e) If fewer than 1,000 sets of any special license plate
authorized by law and issued by the Secretary of State are
actively registered for 2 consecutive calendar years, the
Secretary of State may discontinue the issuance of that special
license plate or require that special license plate to be
exchanged for Universal special plates with appropriate
decals.
(f) Where special license plates have been discontinued
pursuant to subsection (d) or (e) of this Section, or when the
special license plates are required to be exchanged for
Universal special plates under subsection (e) of this Section,
all previously issued plates of that type shall be recalled.
Owners of vehicles which were registered with recalled plates
shall not be charged a reclassification or registration sticker
replacement plate fee upon the issuance of new plates for those
vehicles.
(g) Any special plate that is authorized to be issued for
motorcycles may also be issued for autocycles.
(h) The Secretary may use alternating numeric and
alphabetical characters when issuing a special registration
plate authorized under this Chapter.
(Source: P.A. 98-777, eff. 1-1-15; 99-483, eff. 7-1-16.)
(625 ILCS 5/3-803) (from Ch. 95 1/2, par. 3-803)
Sec. 3-803. Reductions.
(a) Reduction of fees and taxes prescribed in this Chapter
shall be applicable only to vehicles newly-acquired by the
owner after the beginning of a registration period or which
become subject to registration after the beginning of a
registration period as specified in this Act. The Secretary of
State may deny a reduction as to any vehicle operated in this
State without being properly and timely registered in Illinois
under this Chapter, of a vehicle in violation of any provision
of this Chapter, or upon detection of such violation by an
audit, or upon determining that such vehicle was operated in
Illinois before such violation. Bond or other security in the
proper amount may be required by the Secretary of State while
the matter is under investigation. Reductions shall be granted
if a person becomes the owner after the dates specified or if a
vehicle becomes subject to registration under this Act, as
amended, after the dates specified.
(b) Vehicles of the First Division. The annual fees and
taxes prescribed by Section 3-806 shall be reduced by 50% on
and after June 15, except as provided in Sections 3-414 and
3-802 of this Act.
(c) Vehicles of the Second Division. The annual fees and
taxes prescribed by Sections 3-402, 3-402.1, 3-815 and 3-819
and paid on a calendar year for such vehicles shall be reduced
on a quarterly basis if the vehicle becomes subject to
registration on and after March 31, June 30 or September 30.
Where such fees and taxes are payable on a fiscal year basis,
they shall be reduced on a quarterly basis on and after
September 30, December 31 or March 31.
(d) Two-year Registrations. The fees and taxes prescribed
by Section 3-808 for 2-year registrations shall not be reduced
in any event. However, the fees and taxes prescribed for all
other 2-year registrations by this Act, shall be reduced as
follows:
By 25% on and after June 15;
By 50% on and after December 15;
By 75% on and after the next ensuing June 15.
(e) The registration fees and taxes imposed upon certain
vehicles shall not be reduced by any amount in any event in the
following instances:
Permits under Sections 3-403 and 3-811;
Municipal Buses under Section 3-807;
Governmental or charitable vehicles under Section 3-808;
Farm Machinery under Section 3-809;
Soil and conservation equipment under Section 3-809.1;
Special Plates under Section 3-810;
Permanently mounted equipment under Section 3-812;
Registration fee under Section 3-813;
Semitrailer fees under Section 3-814;
Farm trucks under Section 3-815;
Mileage weight tax option under Section 3-818;
Farm trailers under Section 3-819;
Duplicate plates under Section 3-820;
Fees under Section 3-821;
Search Fees under Section 3-823.
(f) The reductions provided for shall not apply to any
vehicle of the first or second division registered by the same
applicant in the prior registration year.
The changes to this Section made by Public Act 84-210 take
effect with the 1986 Calendar Registration Year.
(g) Reductions shall in no event result in payment of a fee
or tax less than $6, and the Secretary of State shall
promulgate schedules of fees reflecting applicable reductions.
Where any reduced amount is not stated in full dollars, the
Secretary of State may adjust the amount due to the nearest
full dollar amount.
(h) The reductions provided for in subsections (a) through
(g) of this Section shall not apply to those vehicles of the
first or second division registered on a staggered registration
basis.
(i) A vehicle which becomes subject to registration during
the last month of the current registration year is exempt from
any applicable reduced fourth quarter or second semiannual
registration fee, and may register for the subsequent
registration year as its initial registration. This subsection
does not include those apportioned and prorated fees under
Sections 3-402 and 3-402.1 of this Code.
(Source: P.A. 94-239, eff. 1-1-06.)
(625 ILCS 5/3-804.01)
Sec. 3-804.01. Expanded-use antique vehicles.
(a) The owner of a motor vehicle that is more than 25 years
of age or a bona fide replica thereof may register the vehicle
as an expanded-use antique vehicle. In addition to the
appropriate registration and renewal fees, the fee for
expanded-use antique vehicle registration and renewal, except
as provided under subsection (d), shall be $45 per year. The
application for registration must be accompanied by an
affirmation of the owner that:
(1) from January 1 through March 31 and from November 1
through December 31, the vehicle will be driven on the
highways only for the purpose of going to and returning
from an antique auto show or an exhibition, or for
servicing or demonstration; and
(2) the mechanical condition, physical condition,
brakes, lights, glass, and appearance of such vehicle is
the same or as safe as originally equipped.
From April 1 through October 31, a vehicle registered as an
expanded-use antique vehicle may be driven on the highways
without being subject to the restrictions set forth in
subdivision (1). The Secretary may prescribe, in the
Secretary's discretion, that expanded-use antique vehicle
plates be issued for a definite or an indefinite term, such
term to correspond to the term of registration plates issued
generally, as provided in Section 3-414.1. Any person
requesting expanded-use antique vehicle plates under this
Section may also apply to have vanity or personalized plates as
provided under Section 3-405.1.
(b) Any person who is the registered owner of an
expanded-use antique vehicle may display a historical license
plate from or representing the model year of the vehicle,
furnished by such person, in lieu of the current and valid
Illinois expanded-use antique vehicle plates issued thereto,
provided that the valid and current Illinois expanded-use
antique vehicle plates and registration card issued to the
expanded-use antique vehicle are simultaneously carried within
the vehicle and are available for inspection.
(c) The Secretary may credit a pro-rated portion of a fee
previously paid for an antique vehicle registration under
Section 3-804 to an owner who applies to have that vehicle
registered as an expanded-use antique vehicle instead of an
antique vehicle.
(d) The Secretary may make a version of the registration
plate authorized under this Section in a form appropriate for
motorcycles. In addition to the required registration and
renewal fees, the fee for motorcycle expanded-use antique
vehicle registration and renewal shall be $23 per year.
(Source: P.A. 97-412, eff. 1-1-12.)
(625 ILCS 5/3-808.1) (from Ch. 95 1/2, par. 3-808.1)
Sec. 3-808.1. Permanent vehicle registration plate.
(a) Permanent vehicle registration plates shall be issued,
at no charge, to the following:
1. Vehicles, other than medical transport vehicles,
owned and operated by the State of Illinois or by any State
agency financed by funds appropriated by the General
Assembly;
2. Special disability plates issued to vehicles owned
and operated by the State of Illinois or by any State
agency financed by funds appropriated by the General
Assembly.
(b) Permanent vehicle registration plates shall be issued,
for a one time fee of $8.00, to the following:
1. Vehicles, other than medical transport vehicles,
operated by or for any county, township or municipal
corporation.
2. Vehicles owned by counties, townships or municipal
corporations for persons with disabilities.
3. Beginning with the 1991 registration year,
county-owned vehicles operated by or for any county sheriff
and designated deputy sheriffs. These registration plates
shall contain the specific county code and unit number.
4. All-terrain vehicles owned by counties, townships,
or municipal corporations and used for law enforcement
purposes when the Manufacturer's Statement of Origin is
accompanied with a letter from the original manufacturer or
a manufacturer's franchised dealer stating that this
all-terrain vehicle has been converted to a street worthy
vehicle that meets the equipment requirements set forth in
Chapter 12 of this Code.
5. Beginning with the 2001 registration year,
municipally-owned vehicles operated by or for any police
department. These registration plates shall contain the
designation "municipal police" and shall be numbered and
distributed as prescribed by the Secretary of State.
6. Beginning with the 2014 registration year,
municipally owned, fire district owned, or Mutual Aid Box
Alarm System (MABAS) owned vehicles operated by or for any
fire department, fire protection district, or MABAS. These
registration plates shall display the designation "Fire
Department" and shall display the specific fire
department, fire district, fire unit, or MABAS division
number or letter.
7. Beginning with the 2017 registration year, vehicles
that do not require a school bus driver permit under
Section 6-104 to operate and are not registered under
Section 3-617 of this Code, and are owned by a public
school district from grades K-12 or a public community
college.
8. Beginning with the 2017 registration year, vehicles
of the first division or vehicles of the second division
weighing not more than 8,000 pounds that are owned by a
medical facility or hospital of a municipality, county, or
township.
9. Beginning with the 2020 registration year, 2-axle
motor vehicles that (i) are designed and used as buses in a
public system for transporting more than 10 passengers;
(ii) are used as common carriers in the general
transportation of passengers and not devoted to any
specialized purpose; (iii) operate entirely within the
territorial limits of a single municipality or a single
municipality and contiguous municipalities; and (iv) are
subject to the regulation of the Illinois Commerce
Commission. The owner of a vehicle under this paragraph is
exempt from paying a flat weight tax or a mileage weight
tax under this Code.
(b-5) Beginning with the 2016 registration year, permanent
vehicle registration plates shall be issued for a one-time fee
of $8.00 to a county, township, or municipal corporation that
owns or operates vehicles used for the purpose of community
workplace commuting as defined by the Secretary of State by
administrative rule. The design and color of the plates shall
be wholly within the discretion of the Secretary. The Secretary
of State may adopt rules to implement this subsection (b-5).
(c) Beginning with the 2012 registration year,
county-owned vehicles operated by or for any county sheriff and
designated deputy sheriffs that have been issued registration
plates under subsection (b) of this Section shall be exempt
from any fee for the transfer of registration from one vehicle
to another vehicle. Each county sheriff shall report to the
Secretary of State any transfer of registration plates from one
vehicle to another vehicle operated by or for any county
sheriff and designated deputy sheriffs. The Secretary of State
shall adopt rules to implement this subsection (c).
(c-5) Beginning with the 2014 registration year,
municipally owned, fire district owned, or Mutual Aid Box Alarm
System (MABAS) owned vehicles operated by or for any fire
department, fire protection district, or MABAS that have been
issued registration plates under subsection (b) of this Section
shall be exempt from any fee for the transfer of registration
from one vehicle to another vehicle. Each fire department, fire
protection district, of MABAS shall report to the Secretary of
State any transfer of registration plates from one vehicle to
another vehicle operated by or for any fire department, fire
protection district, or MABAS. The Secretary of State shall
adopt rules to implement this subsection.
(d) Beginning with the 2013 registration year,
municipally-owned vehicles operated by or for any police
department that have been issued registration plates under
subsection (b) of this Section shall be exempt from any fee for
the transfer of registration from one vehicle to another
vehicle. Each municipal police department shall report to the
Secretary of State any transfer of registration plates from one
vehicle to another vehicle operated by or for any municipal
police department. The Secretary of State shall adopt rules to
implement this subsection (d).
(e) Beginning with the 2016 registration year, any vehicle
owned or operated by a county, township, or municipal
corporation that has been issued registration plates under this
Section is exempt from any fee for the transfer of registration
from one vehicle to another vehicle. Each county, township, or
municipal corporation shall report to the Secretary of State
any transfer of registration plates from one vehicle to another
vehicle operated by or for any county, township, or municipal
corporation.
(f) Beginning with the 2020 registration year, any vehicle
owned or operated by a public school district from grades K-12,
a public community college, or a medical facility or hospital
of a municipality, county, or township that has been issued
registration plates under this Section is exempt from any fee
for the transfer of registration from one vehicle to another
vehicle. Each school district, public community college, or
medical facility or hospital shall report to the Secretary any
transfer of registration plates from one vehicle to another
vehicle operated by the school district, public community
college, or medical facility.
(Source: P.A. 98-436, eff. 1-1-14; 98-1074, eff. 1-1-15;
99-166, eff. 7-28-15; 99-707, eff. 7-29-16.)
(625 ILCS 5/3-815) (from Ch. 95 1/2, par. 3-815)
Sec. 3-815. Flat weight tax; vehicles of the second
division.
(a) Except as provided in Section 3-806.3 and 3-804.3,
every owner of a vehicle of the second division registered
under Section 3-813, and not registered under the mileage
weight tax under Section 3-818, shall pay to the Secretary of
State, for each registration year, for the use of the public
highways, a flat weight tax at the rates set forth in the
following table, the rates including the $10 registration fee:
SCHEDULE OF FLAT WEIGHT TAX
REQUIRED BY LAW
Gross Weight in Lbs.Total Fees
Including Vehicle each Fiscal
and Maximum LoadClass year
8,000 lbs. and lessB$98
8,001 lbs. to 10,000 lbs. C 118
10,001 8,001 lbs. to 12,000 lbs.D138
12,001 lbs. to 16,000 lbs.F242
16,001 lbs. to 26,000 lbs.H490
26,001 lbs. to 28,000 lbs.J630
28,001 lbs. to 32,000 lbs.K842
32,001 lbs. to 36,000 lbs.L982
36,001 lbs. to 40,000 lbs.N1,202
40,001 lbs. to 45,000 lbs.P1,390
45,001 lbs. to 50,000 lbs.Q1,538
50,001 lbs. to 54,999 lbs.R1,698
55,000 lbs. to 59,500 lbs.S1,830
59,501 lbs. to 64,000 lbs.T1,970
64,001 lbs. to 73,280 lbs.V2,294
73,281 lbs. to 77,000 lbs.X2,622
77,001 lbs. to 80,000 lbs.Z2,790
Beginning with the 2010 registration year a $1 surcharge
shall be collected for vehicles registered in the 8,000 lbs.
and less flat weight plate category above to be deposited into
the State Police Vehicle Fund.
Beginning with the 2014 registration year, a $2 surcharge
shall be collected in addition to the above fees for vehicles
registered in the 8,000 lb. and less flat weight plate category
as described in this subsection (a) to be deposited into the
Park and Conservation Fund for the Department of Natural
Resources to use for conservation efforts. The monies deposited
into the Park and Conservation Fund under this Section shall
not be subject to administrative charges or chargebacks unless
otherwise authorized by this Act.
All of the proceeds of the additional fees imposed by this
amendatory Act of the 96th General Assembly shall be deposited
into the Capital Projects Fund.
(a-1) A Special Hauling Vehicle is a vehicle or combination
of vehicles of the second division registered under Section
3-813 transporting asphalt or concrete in the plastic state or
a vehicle or combination of vehicles that are subject to the
gross weight limitations in subsection (a) of Section 15-111
for which the owner of the vehicle or combination of vehicles
has elected to pay, in addition to the registration fee in
subsection (a), $125 to the Secretary of State for each
registration year. The Secretary shall designate this class of
vehicle as a Special Hauling Vehicle.
(a-5) Beginning January 1, 2015, upon the request of the
vehicle owner, a $10 surcharge shall be collected in addition
to the above fees for vehicles in the 12,000 lbs. and less flat
weight plate categories as described in subsection (a) to be
deposited into the Secretary of State Special License Plate
Fund. The $10 surcharge is to identify vehicles in the 12,000
lbs. and less flat weight plate categories as a covered farm
vehicle. The $10 surcharge is an annual, flat fee that shall be
based on an applicant's new or existing registration year for
each vehicle in the 12,000 lbs. and less flat weight plate
categories. A designation as a covered farm vehicle under this
subsection (a-5) shall not alter a vehicle's registration as a
registration in the 12,000 lbs. or less flat weight category.
The Secretary shall adopt any rules necessary to implement this
subsection (a-5).
(b) Except as provided in Section 3-806.3, every camping
trailer, motor home, mini motor home, travel trailer, truck
camper or van camper used primarily for recreational purposes,
and not used commercially, nor for hire, nor owned by a
commercial business, may be registered for each registration
year upon the filing of a proper application and the payment of
a registration fee and highway use tax, according to the
following table of fees:
MOTOR HOME, MINI MOTOR HOME, TRUCK CAMPER OR VAN CAMPER
Gross Weight in Lbs.Total Fees
Including Vehicle andEach
Maximum LoadCalendar Year
8,000 lbs and less$78
8,001 Lbs. to 10,000 Lbs90
10,001 Lbs. and Over102
CAMPING TRAILER OR TRAVEL TRAILER
Gross Weight in Lbs.Total Fees
Including Vehicle andEach
Maximum LoadCalendar Year
3,000 Lbs. and Less$18
3,001 Lbs. to 8,000 Lbs.30
8,001 Lbs. to 10,000 Lbs.38
10,001 Lbs. and Over50
Every house trailer must be registered under Section 3-819.
(c) Farm Truck. Any truck used exclusively for the owner's
own agricultural, horticultural or livestock raising
operations and not-for-hire only, or any truck used only in the
transportation for-hire of seasonal, fresh, perishable fruit
or vegetables from farm to the point of first processing, may
be registered by the owner under this paragraph in lieu of
registration under paragraph (a), upon filing of a proper
application and the payment of the $10 registration fee and the
highway use tax herein specified as follows:
SCHEDULE OF FEES AND TAXES
Gross Weight in Lbs.Total Amount for
Including Truck andeach
Maximum LoadClassFiscal Year
16,000 lbs. or lessVF$150
16,001 to 20,000 lbs.VG226
20,001 to 24,000 lbs.VH290
24,001 to 28,000 lbs.VJ378
28,001 to 32,000 lbs.VK506
32,001 to 36,000 lbs.VL610
36,001 to 45,000 lbs.VP810
45,001 to 54,999 lbs.VR1,026
55,000 to 64,000 lbs.VT1,202
64,001 to 73,280 lbs.VV1,290
73,281 to 77,000 lbs.VX1,350
77,001 to 80,000 lbs.VZ1,490
In the event the Secretary of State revokes a farm truck
registration as authorized by law, the owner shall pay the flat
weight tax due hereunder before operating such truck.
Any combination of vehicles having 5 axles, with a distance
of 42 feet or less between extreme axles, that are subject to
the weight limitations in subsection (a) of Section 15-111 for
which the owner of the combination of vehicles has elected to
pay, in addition to the registration fee in subsection (c),
$125 to the Secretary of State for each registration year shall
be designated by the Secretary as a Special Hauling Vehicle.
(d) The number of axles necessary to carry the maximum load
provided shall be determined from Chapter 15 of this Code.
(e) An owner may only apply for and receive 5 farm truck
registrations, and only 2 of those 5 vehicles shall exceed
59,500 gross weight in pounds per vehicle.
(f) Every person convicted of violating this Section by
failure to pay the appropriate flat weight tax to the Secretary
of State as set forth in the above tables shall be punished as
provided for in Section 3-401.
(Source: P.A. 97-201, eff. 1-1-12; 97-811, eff. 7-13-12;
97-1136, eff. 1-1-13; 98-463, eff. 8-16-13; 98-882, eff.
8-13-14.)
(625 ILCS 5/3-821) (from Ch. 95 1/2, par. 3-821)
Sec. 3-821. Miscellaneous registration and title fees.
(a) Except as provided under subsection (h), the The fee to
be paid to the Secretary of State for the following
certificates, registrations or evidences of proper
registration, or for corrected or duplicate documents shall be
in accordance with the following schedule:
Certificate of Title, except for an all-terrain
vehicle or off-highway motorcycle$95
Certificate of Title for an all-terrain vehicle
or off-highway motorcycle$30
Certificate of Title for an all-terrain vehicle
or off-highway motorcycle used for production
agriculture, or accepted by a dealer in trade13
Certificate of Title for a low-speed vehicle30
Transfer of Registration or any evidence of
proper registration $25
Duplicate Registration Card for plates or other
evidence of proper registration3
Duplicate Registration Sticker or Stickers, each20
Duplicate Certificate of Title95
Corrected Registration Card or Card for other
evidence of proper registration3
Corrected Certificate of Title95
Salvage Certificate4
Fleet Reciprocity Permit15
Prorate Decal1
Prorate Backing Plate3
Special Corrected Certificate of Title15
Expedited Title Service (to be charged in addition
to other applicable fees)30
Dealer Lien Release Certificate of Title20
A special corrected certificate of title shall be issued
(i) to remove a co-owner's name due to the death of the
co-owner, to transfer title to a spouse if the decedent-spouse
was the sole owner on the title, or due to a divorce; or (ii) to
change a co-owner's name due to a marriage; or (iii) due to a
name change under Article XXI of the Code of Civil Procedure.
There shall be no fee paid for a Junking Certificate.
There shall be no fee paid for a certificate of title
issued to a county when the vehicle is forfeited to the county
under Article 36 of the Criminal Code of 2012.
(a-5) The Secretary of State may revoke a certificate of
title and registration card and issue a corrected certificate
of title and registration card, at no fee to the vehicle owner
or lienholder, if there is proof that the vehicle
identification number is erroneously shown on the original
certificate of title.
(a-10) The Secretary of State may issue, in connection with
the sale of a motor vehicle, a corrected title to a motor
vehicle dealer upon application and submittal of a lien release
letter from the lienholder listed in the files of the
Secretary. In the case of a title issued by another state, the
dealer must submit proof from the state that issued the last
title. The corrected title, which shall be known as a dealer
lien release certificate of title, shall be issued in the name
of the vehicle owner without the named lienholder. If the motor
vehicle is currently titled in a state other than Illinois, the
applicant must submit either (i) a letter from the current
lienholder releasing the lien and stating that the lienholder
has possession of the title; or (ii) a letter from the current
lienholder releasing the lien and a copy of the records of the
department of motor vehicles for the state in which the vehicle
is titled, showing that the vehicle is titled in the name of
the applicant and that no liens are recorded other than the
lien for which a release has been submitted. The fee for the
dealer lien release certificate of title is $20.
(b) The Secretary may prescribe the maximum service charge
to be imposed upon an applicant for renewal of a registration
by any person authorized by law to receive and remit or
transmit to the Secretary such renewal application and fees
therewith.
(c) If payment is delivered to the Office of the Secretary
of State as payment of any fee or tax under this Code, and such
payment is not honored for any reason, the registrant or other
person tendering the payment remains liable for the payment of
such fee or tax. The Secretary of State may assess a service
charge of $25 in addition to the fee or tax due and owing for
all dishonored payments.
If the total amount then due and owing exceeds the sum of
$100 and has not been paid in full within 60 days from the date
the dishonored payment was first delivered to the Secretary of
State, the Secretary of State shall assess a penalty of 25% of
such amount remaining unpaid.
All amounts payable under this Section shall be computed to
the nearest dollar. Out of each fee collected for dishonored
payments, $5 shall be deposited in the Secretary of State
Special Services Fund.
(d) The minimum fee and tax to be paid by any applicant for
apportionment of a fleet of vehicles under this Code shall be
$15 if the application was filed on or before the date
specified by the Secretary together with fees and taxes due. If
an application and the fees or taxes due are filed after the
date specified by the Secretary, the Secretary may prescribe
the payment of interest at the rate of 1/2 of 1% per month or
fraction thereof after such due date and a minimum of $8.
(e) Trucks, truck tractors, truck tractors with loads, and
motor buses, any one of which having a combined total weight in
excess of 12,000 lbs. shall file an application for a Fleet
Reciprocity Permit issued by the Secretary of State. This
permit shall be in the possession of any driver operating a
vehicle on Illinois highways. Any foreign licensed vehicle of
the second division operating at any time in Illinois without a
Fleet Reciprocity Permit or other proper Illinois
registration, shall subject the operator to the penalties
provided in Section 3-834 of this Code. For the purposes of
this Code, "Fleet Reciprocity Permit" means any second division
motor vehicle with a foreign license and used only in
interstate transportation of goods. The fee for such permit
shall be $15 per fleet which shall include all vehicles of the
fleet being registered.
(f) For purposes of this Section, "all-terrain vehicle or
off-highway motorcycle used for production agriculture" means
any all-terrain vehicle or off-highway motorcycle used in the
raising of or the propagation of livestock, crops for sale for
human consumption, crops for livestock consumption, and
production seed stock grown for the propagation of feed grains
and the husbandry of animals or for the purpose of providing a
food product, including the husbandry of blood stock as a main
source of providing a food product. "All-terrain vehicle or
off-highway motorcycle used in production agriculture" also
means any all-terrain vehicle or off-highway motorcycle used in
animal husbandry, floriculture, aquaculture, horticulture, and
viticulture.
(g) All of the proceeds of the additional fees imposed by
Public Act 96-34 shall be deposited into the Capital Projects
Fund.
(h) The fee for a duplicate registration sticker or
stickers shall be the amount required under subsection (a) or
the vehicle's annual registration fee amount, whichever is
less.
(Source: P.A. 99-260, eff. 1-1-16; 99-607, eff. 7-22-16.)
(625 ILCS 5/4-107) (from Ch. 95 1/2, par. 4-107)
Sec. 4-107. Stolen, converted, recovered and unclaimed
vehicles.
(a) Every Sheriff, Superintendent of police, Chief of
police or other police officer in command of any Police
department in any City, Village or Town of the State, shall, by
the fastest means of communications available to his law
enforcement agency, immediately report to the State Police, in
Springfield, Illinois, the theft or recovery of any stolen or
converted vehicle within his district or jurisdiction. The
report shall give the date of theft, description of the vehicle
including color, year of manufacture, manufacturer's trade
name, manufacturer's series name, body style, vehicle
identification number and license registration number,
including the state in which the license was issued and the
year of issuance, together with the name, residence address,
business address, and telephone number of the owner. The report
shall be routed by the originating law enforcement agency
through the State Police District in which such agency is
located.
(b) A registered owner or a lienholder may report the theft
by conversion of a vehicle, to the State Police, or any other
police department or Sheriff's office. Such report will be
accepted as a report of theft and processed only if a formal
complaint is on file and a warrant issued.
(c) An operator of a place of business for garaging,
repairing, parking or storing vehicles for the public, in which
a vehicle remains unclaimed, after being left for the purpose
of garaging, repairing, parking or storage, for a period of 15
days, shall, within 5 days after the expiration of that period,
report the vehicle as unclaimed to the municipal police when
the vehicle is within the corporate limits of any City, Village
or incorporated Town, or the County Sheriff, or State Police
when the vehicle is outside the corporate limits of a City,
Village or incorporated Town. This Section does not apply to
any vehicle:
(1) removed to a place of storage by a law enforcement
agency having jurisdiction, in accordance with Sections
4-201 and 4-203 of this Act; or
(2) left under a garaging, repairing, parking, or
storage order signed by the owner, lessor, or other legally
entitled person.
Failure to comply with this Section will result in the
forfeiture of storage fees for that vehicle involved.
(d) The State Police shall keep a complete record of all
reports filed under this Section of the Act. Upon receipt of
such report, a careful search shall be made of the records of
the office of the State Police, and where it is found that a
vehicle reported recovered was stolen in a County, City,
Village or Town other than the County, City, Village or Town in
which it is recovered, the State Police shall immediately
notify the Sheriff, Superintendent of police, Chief of police,
or other police officer in command of the Sheriff's office or
Police department of the County, City, Village or Town in which
the vehicle was originally reported stolen, giving complete
data as to the time and place of recovery.
(e) Notification of the theft or conversion of a vehicle
will be furnished to the Secretary of State by the State
Police. The Secretary of State shall place the proper
information in the license registration and title registration
files to indicate the theft or conversion of a motor vehicle or
other vehicle. Notification of the recovery of a vehicle
previously reported as a theft or a conversion will be
furnished to the Secretary of State by the State Police. The
Secretary of State shall remove the proper information from the
license registration and title registration files that has
previously indicated the theft or conversion of a vehicle. The
Secretary of State shall suspend the registration of a vehicle
upon receipt of a report from the State Police that such
vehicle was stolen or converted.
(f) When the Secretary of State receives an application for
a certificate of title or an application for registration of a
vehicle and it is determined from the records of the office of
the Secretary of State that such vehicle has been reported
stolen or converted, the Secretary of State shall immediately
notify the State Police or the Secretary of State Department of
Police and shall give the State Police or the Secretary of
State Department of Police the name and address of the person
or firm titling or registering the vehicle, together with all
other information contained in the application submitted by
such person or firm. If the Secretary of State Department of
Police receives notification under this subsection (f), it
shall conduct an investigation concerning the identity of the
registered owner of the stolen or converted vehicle.
(g) During the usual course of business the manufacturer of
any vehicle shall place an original manufacturer's vehicle
identification number on all such vehicles manufactured and on
any part of such vehicles requiring an identification number.
(h) Except provided in subsection (h-1), if a
manufacturer's vehicle identification number is missing or has
been removed, changed or mutilated on any vehicle, or any part
of such vehicle requiring an identification number, the State
Police or the Secretary of State Department of Police shall
restore, restamp or reaffix the vehicle identification number
plate, or affix a new plate bearing the original manufacturer's
vehicle identification number on each such vehicle and on all
necessary parts of the vehicles. A vehicle identification
number so affixed, restored, restamped, reaffixed or replaced
is not falsified, altered or forged within the meaning of this
Act.
(h-1) A person engaged in the repair or servicing of
vehicles may reaffix a manufacturer's identification number
plate on the same damaged vehicle from which it was originally
removed, if the person reaffixes the original manufacturer's
identification number plate in place of the identification
number plate affixed on a new dashboard that has been installed
in the vehicle. The person must notify the Secretary of State
each time the original manufacturer's identification number
plate is reaffixed on a vehicle. The person must keep a record
indicating that the identification number plate affixed on the
new dashboard has been removed and has been replaced by the
manufacturer's identification number plate originally affixed
on the vehicle. The person also must keep a record regarding
the status and location of the identification number plate
removed from the replacement dashboard. The Secretary shall
adopt rules for implementing this subsection (h-1).
(h-2) The owner of a vehicle repaired under subsection
(h-1) must, within 90 days of the date of the repairs, contact
an officer of the Illinois State Police Vehicle Inspection
Bureau and arrange for an inspection of the vehicle, by the
officer or the officer's designee, at a mutually agreed upon
date and location.
(i) If a vehicle or part of any vehicle is found to have
the manufacturer's identification number removed, altered,
defaced or destroyed, the vehicle or part shall be seized by
any law enforcement agency having jurisdiction and held for the
purpose of identification. In the event that the manufacturer's
identification number of a vehicle or part cannot be
identified, the vehicle or part shall be considered contraband,
and no right of property shall exist in any person owning,
leasing or possessing such property, unless the person owning,
leasing or possessing the vehicle or part acquired such without
knowledge that the manufacturer's vehicle identification
number has been removed, altered, defaced, falsified or
destroyed.
Either the seizing law enforcement agency or the State's
Attorney of the county where the seizure occurred may make an
application for an order of forfeiture to the circuit court in
the county of seizure. The application for forfeiture shall be
independent from any prosecution arising out of the seizure and
is not subject to any final determination of such prosecution.
The circuit court shall issue an order forfeiting the property
to the seizing law enforcement agency if the court finds that
the property did not at the time of seizure possess a valid
manufacturer's identification number and that the original
manufacturer's identification number cannot be ascertained.
The seizing law enforcement agency may:
(1) retain the forfeited property for official use; or
(2) sell the forfeited property and distribute the
proceeds in accordance with Section 4-211 of this Code, or
dispose of the forfeited property in such manner as the law
enforcement agency deems appropriate.
(i-1) If a motorcycle is seized under subsection (i), the
motorcycle must be returned within 45 days of the date of
seizure to the person from whom it was seized, unless (i)
criminal charges are pending against that person or (ii) an
application for an order of forfeiture has been submitted to
the circuit in the county of seizure or (iii) the circuit court
in the county of seizure has received from the seizing law
enforcement agency and has granted a petition to extend, for a
single 30 day period, the 45 days allowed for return of the
motorcycle. Except as provided in subsection (i-2), a
motorcycle returned to the person from whom it was seized must
be returned in essentially the same condition it was in at the
time of seizure.
(i-2) If any part or parts of a motorcycle seized under
subsection (i) are found to be stolen and are removed, the
seizing law enforcement agency is not required to replace the
part or parts before returning the motorcycle to the person
from whom it was seized.
(j) The State Police or the Secretary of State Department
of Police shall notify the Secretary of State each time a
manufacturer's vehicle identification number is affixed,
reaffixed, restored or restamped on any vehicle. The Secretary
of State shall make the necessary changes or corrections in his
records, after the proper applications and fees have been
submitted, if applicable.
(k) Any vessel, vehicle or aircraft used with knowledge and
consent of the owner in the commission of, or in the attempt to
commit as defined in Section 8-4 of the Criminal Code of 2012,
an offense prohibited by Section 4-103 of this Chapter,
including transporting of a stolen vehicle or stolen vehicle
parts, shall be seized by any law enforcement agency. The
seizing law enforcement agency may:
(1) return the vehicle to its owner if such vehicle is
stolen; or
(2) confiscate the vehicle and retain it for any
purpose which the law enforcement agency deems
appropriate; or
(3) sell the vehicle at a public sale or dispose of the
vehicle in such other manner as the law enforcement agency
deems appropriate.
If the vehicle is sold at public sale, the proceeds of the
sale shall be paid to the law enforcement agency.
The law enforcement agency shall not retain, sell or
dispose of a vehicle under paragraphs (2) or (3) of this
subsection (k) except upon an order of forfeiture issued by the
circuit court. The circuit court may issue such order of
forfeiture upon application of the law enforcement agency or
State's Attorney of the county where the law enforcement agency
has jurisdiction, or in the case of the Department of State
Police or the Secretary of State, upon application of the
Attorney General.
The court shall issue the order if the owner of the vehicle
has been convicted of transporting stolen vehicles or stolen
vehicle parts and the evidence establishes that the owner's
vehicle has been used in the commission of such offense.
The provisions of subsection (k) of this Section shall not
apply to any vessel, vehicle or aircraft, which has been
leased, rented or loaned by its owner, if the owner did not
have knowledge of and consent to the use of the vessel, vehicle
or aircraft in the commission of, or in an attempt to commit,
an offense prohibited by Section 4-103 of this Chapter.
(Source: P.A. 97-1150, eff. 1-25-13.)
(625 ILCS 5/5-101) (from Ch. 95 1/2, par. 5-101)
Sec. 5-101. New vehicle dealers must be licensed.
(a) No person shall engage in this State in the business of
selling or dealing in, on consignment or otherwise, new
vehicles of any make, or act as an intermediary or agent or
broker for any licensed dealer or vehicle purchaser other than
as a salesperson, or represent or advertise that he is so
engaged or intends to so engage in such business unless
licensed to do so in writing by the Secretary of State under
the provisions of this Section.
(b) An application for a new vehicle dealer's license shall
be filed with the Secretary of State, duly verified by oath, on
such form as the Secretary of State may by rule or regulation
prescribe and shall contain:
1. The name and type of business organization of the
applicant and his established and additional places of
business, if any, in this State.
2. If the applicant is a corporation, a list of its
officers, directors, and shareholders having a ten percent
or greater ownership interest in the corporation, setting
forth the residence address of each; if the applicant is a
sole proprietorship, a partnership, an unincorporated
association, a trust, or any similar form of business
organization, the name and residence address of the
proprietor or of each partner, member, officer, director,
trustee, or manager.
3. The make or makes of new vehicles which the
applicant will offer for sale at retail in this State.
4. The name of each manufacturer or franchised
distributor, if any, of new vehicles with whom the
applicant has contracted for the sale of such new vehicles.
As evidence of this fact, the application shall be
accompanied by a signed statement from each such
manufacturer or franchised distributor. If the applicant
is in the business of offering for sale new conversion
vehicles, trucks or vans, except for trucks modified to
serve a special purpose which includes but is not limited
to the following vehicles: street sweepers, fertilizer
spreaders, emergency vehicles, implements of husbandry or
maintenance type vehicles, he must furnish evidence of a
sales and service agreement from both the chassis
manufacturer and second stage manufacturer.
5. A statement that the applicant has been approved for
registration under the Retailers' Occupation Tax Act by the
Department of Revenue: Provided that this requirement does
not apply to a dealer who is already licensed hereunder
with the Secretary of State, and who is merely applying for
a renewal of his license. As evidence of this fact, the
application shall be accompanied by a certification from
the Department of Revenue showing that that Department has
approved the applicant for registration under the
Retailers' Occupation Tax Act.
6. A statement that the applicant has complied with the
appropriate liability insurance requirement. A Certificate
of Insurance in a solvent company authorized to do business
in the State of Illinois shall be included with each
application covering each location at which he proposes to
act as a new vehicle dealer. The policy must provide
liability coverage in the minimum amounts of $100,000 for
bodily injury to, or death of, any person, $300,000 for
bodily injury to, or death of, two or more persons in any
one accident, and $50,000 for damage to property. Such
policy shall expire not sooner than December 31 of the year
for which the license was issued or renewed. The expiration
of the insurance policy shall not terminate the liability
under the policy arising during the period for which the
policy was filed. Trailer and mobile home dealers are
exempt from this requirement.
If the permitted user has a liability insurance policy
that provides automobile liability insurance coverage of
at least $100,000 for bodily injury to or the death of any
person, $300,000 for bodily injury to or the death of any 2
or more persons in any one accident, and $50,000 for damage
to property, then the permitted user's insurer shall be the
primary insurer and the dealer's insurer shall be the
secondary insurer. If the permitted user does not have a
liability insurance policy that provides automobile
liability insurance coverage of at least $100,000 for
bodily injury to or the death of any person, $300,000 for
bodily injury to or the death of any 2 or more persons in
any one accident, and $50,000 for damage to property, or
does not have any insurance at all, then the dealer's
insurer shall be the primary insurer and the permitted
user's insurer shall be the secondary insurer.
When a permitted user is "test driving" a new vehicle
dealer's automobile, the new vehicle dealer's insurance
shall be primary and the permitted user's insurance shall
be secondary.
As used in this paragraph 6, a "permitted user" is a
person who, with the permission of the new vehicle dealer
or an employee of the new vehicle dealer, drives a vehicle
owned and held for sale or lease by the new vehicle dealer
which the person is considering to purchase or lease, in
order to evaluate the performance, reliability, or
condition of the vehicle. The term "permitted user" also
includes a person who, with the permission of the new
vehicle dealer, drives a vehicle owned or held for sale or
lease by the new vehicle dealer for loaner purposes while
the user's vehicle is being repaired or evaluated.
As used in this paragraph 6, "test driving" occurs when
a permitted user who, with the permission of the new
vehicle dealer or an employee of the new vehicle dealer,
drives a vehicle owned and held for sale or lease by a new
vehicle dealer that the person is considering to purchase
or lease, in order to evaluate the performance,
reliability, or condition of the vehicle.
As used in this paragraph 6, "loaner purposes" means
when a person who, with the permission of the new vehicle
dealer, drives a vehicle owned or held for sale or lease by
the new vehicle dealer while the user's vehicle is being
repaired or evaluated.
7. (A) An application for a new motor vehicle dealer's
license shall be accompanied by the following license fees:
(i) $1,000 for applicant's established place of
business, and $100 for each additional place of
business, if any, to which the application pertains;
but if the application is made after June 15 of any
year, the license fee shall be $500 for applicant's
established place of business plus $50 for each
additional place of business, if any, to which the
application pertains. License fees shall be returnable
only in the event that the application is denied by the
Secretary of State. All moneys received by the
Secretary of State as license fees under this
subparagraph (i) prior to applications for the 2004
licensing year shall be deposited into the Motor
Vehicle Review Board Fund and shall be used to
administer the Motor Vehicle Review Board under the
Motor Vehicle Franchise Act. Of the money received by
the Secretary of State as license fees under this
subparagraph (i) for the 2004 licensing year and
thereafter, 10% shall be deposited into the Motor
Vehicle Review Board Fund and shall be used to
administer the Motor Vehicle Review Board under the
Motor Vehicle Franchise Act and 90% shall be deposited
into the General Revenue Fund.
(ii) Except for dealers selling 25 or fewer
automobiles or as provided in subsection (h) of Section
5-102.7 of this Code, an Annual Dealer Recovery Fund
Fee in the amount of $500 for the applicant's
established place of business, and $50 for each
additional place of business, if any, to which the
application pertains; but if the application is made
after June 15 of any year, the fee shall be $250 for
the applicant's established place of business plus $25
for each additional place of business, if any, to which
the application pertains. For a license renewal
application, the fee shall be based on the amount of
automobiles sold in the past year according to the
following formula:
(1) $0 for dealers selling 25 or less
automobiles;
(2) $150 for dealers selling more than 25 but
less than 200 automobiles;
(3) $300 for dealers selling 200 or more
automobiles but less than 300 automobiles; and
(4) $500 for dealers selling 300 or more
automobiles.
License fees shall be returnable only in the event
that the application is denied by the Secretary of
State. Moneys received under this subparagraph (ii)
shall be deposited into the Dealer Recovery Trust Fund.
(B) An application for a new vehicle dealer's license,
other than for a new motor vehicle dealer's license, shall
be accompanied by the following license fees:
(i) $1,000 for applicant's established place of
business, and $50 for each additional place of
business, if any, to which the application pertains;
but if the application is made after June 15 of any
year, the license fee shall be $500 for applicant's
established place of business plus $25 for each
additional place of business, if any, to which the
application pertains. License fees shall be returnable
only in the event that the application is denied by the
Secretary of State. Of the money received by the
Secretary of State as license fees under this
subparagraph (i) for the 2004 licensing year and
thereafter, 95% shall be deposited into the General
Revenue Fund.
(ii) Except as provided in subsection (h) of
Section 5-102.7 of this Code, an Annual Dealer Recovery
Fund Fee in the amount of $500 for the applicant's
established place of business, and $50 for each
additional place of business, if any, to which the
application pertains; but if the application is made
after June 15 of any year, the fee shall be $250 for
the applicant's established place of business plus $25
for each additional place of business, if any, to which
the application pertains. License fees shall be
returnable only in the event that the application is
denied by the Secretary of State. Moneys received under
this subparagraph (ii) shall be deposited into the
Dealer Recovery Trust Fund.
8. A statement that the applicant's officers,
directors, shareholders having a 10% or greater ownership
interest therein, proprietor, a partner, member, officer,
director, trustee, manager or other principals in the
business have not committed in the past 3 years any one
violation as determined in any civil, criminal or
administrative proceedings of any one of the following
Acts:
(A) The Anti-Theft Laws of the Illinois Vehicle
Code;
(B) The Certificate of Title Laws of the Illinois
Vehicle Code;
(C) The Offenses against Registration and
Certificates of Title Laws of the Illinois Vehicle
Code;
(D) The Dealers, Transporters, Wreckers and
Rebuilders Laws of the Illinois Vehicle Code;
(E) Section 21-2 of the Criminal Code of 1961 or
the Criminal Code of 2012, Criminal Trespass to
Vehicles; or
(F) The Retailers' Occupation Tax Act.
9. A statement that the applicant's officers,
directors, shareholders having a 10% or greater ownership
interest therein, proprietor, partner, member, officer,
director, trustee, manager or other principals in the
business have not committed in any calendar year 3 or more
violations, as determined in any civil, criminal or
administrative proceedings, of any one or more of the
following Acts:
(A) The Consumer Finance Act;
(B) The Consumer Installment Loan Act;
(C) The Retail Installment Sales Act;
(D) The Motor Vehicle Retail Installment Sales
Act;
(E) The Interest Act;
(F) The Illinois Wage Assignment Act;
(G) Part 8 of Article XII of the Code of Civil
Procedure; or
(H) The Consumer Fraud Act.
10. A bond or certificate of deposit in the amount of
$50,000 for each location at which the applicant intends to
act as a new vehicle dealer. The bond shall be for the term
of the license, or its renewal, for which application is
made, and shall expire not sooner than December 31 of the
year for which the license was issued or renewed. The bond
shall run to the People of the State of Illinois, with
surety by a bonding or insurance company authorized to do
business in this State. It shall be conditioned upon the
proper transmittal of all title and registration fees and
taxes (excluding taxes under the Retailers' Occupation Tax
Act) accepted by the applicant as a new vehicle dealer.
11. Such other information concerning the business of
the applicant as the Secretary of State may by rule or
regulation prescribe.
12. A statement that the applicant understands Chapter
1 through Chapter 5 of this Code.
(c) Any change which renders no longer accurate any
information contained in any application for a new vehicle
dealer's license shall be amended within 30 days after the
occurrence of such change on such form as the Secretary of
State may prescribe by rule or regulation, accompanied by an
amendatory fee of $2.
(d) Anything in this Chapter 5 to the contrary
notwithstanding no person shall be licensed as a new vehicle
dealer unless:
1. He is authorized by contract in writing between
himself and the manufacturer or franchised distributor of
such make of vehicle to so sell the same in this State, and
2. Such person shall maintain an established place of
business as defined in this Act.
(e) The Secretary of State shall, within a reasonable time
after receipt, examine an application submitted to him under
this Section and unless he makes a determination that the
application submitted to him does not conform with the
requirements of this Section or that grounds exist for a denial
of the application, under Section 5-501 of this Chapter, grant
the applicant an original new vehicle dealer's license in
writing for his established place of business and a
supplemental license in writing for each additional place of
business in such form as he may prescribe by rule or regulation
which shall include the following:
1. The name of the person licensed;
2. If a corporation, the name and address of its
officers or if a sole proprietorship, a partnership, an
unincorporated association or any similar form of business
organization, the name and address of the proprietor or of
each partner, member, officer, director, trustee or
manager;
3. In the case of an original license, the established
place of business of the licensee;
4. In the case of a supplemental license, the
established place of business of the licensee and the
additional place of business to which such supplemental
license pertains;
5. The make or makes of new vehicles which the licensee
is licensed to sell.
(f) The appropriate instrument evidencing the license or a
certified copy thereof, provided by the Secretary of State,
shall be kept posted conspicuously in the established place of
business of the licensee and in each additional place of
business, if any, maintained by such licensee.
(g) Except as provided in subsection (h) hereof, all new
vehicle dealer's licenses granted under this Section shall
expire by operation of law on December 31 of the calendar year
for which they are granted unless sooner revoked or cancelled
under the provisions of Section 5-501 of this Chapter.
(h) A new vehicle dealer's license may be renewed upon
application and payment of the fee required herein, and
submission of proof of coverage under an approved bond under
the Retailers' Occupation Tax Act or proof that applicant is
not subject to such bonding requirements, as in the case of an
original license, but in case an application for the renewal of
an effective license is made during the month of December, the
effective license shall remain in force until the application
is granted or denied by the Secretary of State.
(i) All persons licensed as a new vehicle dealer are
required to furnish each purchaser of a motor vehicle:
1. In the case of a new vehicle a manufacturer's
statement of origin and in the case of a used motor vehicle
a certificate of title, in either case properly assigned to
the purchaser;
2. A statement verified under oath that all identifying
numbers on the vehicle agree with those on the certificate
of title or manufacturer's statement of origin;
3. A bill of sale properly executed on behalf of such
person;
4. A copy of the Uniform Invoice-transaction reporting
return referred to in Section 5-402 hereof;
5. In the case of a rebuilt vehicle, a copy of the
Disclosure of Rebuilt Vehicle Status; and
6. In the case of a vehicle for which the warranty has
been reinstated, a copy of the warranty.
(j) Except at the time of sale or repossession of the
vehicle, no person licensed as a new vehicle dealer may issue
any other person a newly created key to a vehicle unless the
new vehicle dealer makes a color photocopy or electronic scan
copy of the driver's license or State identification card of
the person requesting or obtaining the newly created key. The
new vehicle dealer must retain the photocopy or scan copy for
30 days.
A new vehicle dealer who violates this subsection (j) is
guilty of a petty offense. Violation of this subsection (j) is
not cause to suspend, revoke, cancel, or deny renewal of the
new vehicle dealer's license.
This amendatory Act of 1983 shall be applicable to the 1984
registration year and thereafter.
(Source: P.A. 99-78, eff. 7-20-15; 100-450, eff. 1-1-18.)
(625 ILCS 5/5-102) (from Ch. 95 1/2, par. 5-102)
Sec. 5-102. Used vehicle dealers must be licensed.
(a) No person, other than a licensed new vehicle dealer,
shall engage in the business of selling or dealing in, on
consignment or otherwise, 5 or more used vehicles of any make
during the year (except house trailers as authorized by
paragraph (j) of this Section and rebuilt salvage vehicles sold
by their rebuilders to persons licensed under this Chapter), or
act as an intermediary, agent or broker for any licensed dealer
or vehicle purchaser (other than as a salesperson) or represent
or advertise that he is so engaged or intends to so engage in
such business unless licensed to do so by the Secretary of
State under the provisions of this Section.
(b) An application for a used vehicle dealer's license
shall be filed with the Secretary of State, duly verified by
oath, in such form as the Secretary of State may by rule or
regulation prescribe and shall contain:
1. The name and type of business organization
established and additional places of business, if any, in
this State.
2. If the applicant is a corporation, a list of its
officers, directors, and shareholders having a ten percent
or greater ownership interest in the corporation, setting
forth the residence address of each; if the applicant is a
sole proprietorship, a partnership, an unincorporated
association, a trust, or any similar form of business
organization, the names and residence address of the
proprietor or of each partner, member, officer, director,
trustee or manager.
3. A statement that the applicant has been approved for
registration under the Retailers' Occupation Tax Act by the
Department of Revenue. However, this requirement does not
apply to a dealer who is already licensed hereunder with
the Secretary of State, and who is merely applying for a
renewal of his license. As evidence of this fact, the
application shall be accompanied by a certification from
the Department of Revenue showing that the Department has
approved the applicant for registration under the
Retailers' Occupation Tax Act.
4. A statement that the applicant has complied with the
appropriate liability insurance requirement. A Certificate
of Insurance in a solvent company authorized to do business
in the State of Illinois shall be included with each
application covering each location at which he proposes to
act as a used vehicle dealer. The policy must provide
liability coverage in the minimum amounts of $100,000 for
bodily injury to, or death of, any person, $300,000 for
bodily injury to, or death of, two or more persons in any
one accident, and $50,000 for damage to property. Such
policy shall expire not sooner than December 31 of the year
for which the license was issued or renewed. The expiration
of the insurance policy shall not terminate the liability
under the policy arising during the period for which the
policy was filed. Trailer and mobile home dealers are
exempt from this requirement.
If the permitted user has a liability insurance policy
that provides automobile liability insurance coverage of
at least $100,000 for bodily injury to or the death of any
person, $300,000 for bodily injury to or the death of any 2
or more persons in any one accident, and $50,000 for damage
to property, then the permitted user's insurer shall be the
primary insurer and the dealer's insurer shall be the
secondary insurer. If the permitted user does not have a
liability insurance policy that provides automobile
liability insurance coverage of at least $100,000 for
bodily injury to or the death of any person, $300,000 for
bodily injury to or the death of any 2 or more persons in
any one accident, and $50,000 for damage to property, or
does not have any insurance at all, then the dealer's
insurer shall be the primary insurer and the permitted
user's insurer shall be the secondary insurer.
When a permitted user is "test driving" a used vehicle
dealer's automobile, the used vehicle dealer's insurance
shall be primary and the permitted user's insurance shall
be secondary.
As used in this paragraph 4, a "permitted user" is a
person who, with the permission of the used vehicle dealer
or an employee of the used vehicle dealer, drives a vehicle
owned and held for sale or lease by the used vehicle dealer
which the person is considering to purchase or lease, in
order to evaluate the performance, reliability, or
condition of the vehicle. The term "permitted user" also
includes a person who, with the permission of the used
vehicle dealer, drives a vehicle owned or held for sale or
lease by the used vehicle dealer for loaner purposes while
the user's vehicle is being repaired or evaluated.
As used in this paragraph 4, "test driving" occurs when
a permitted user who, with the permission of the used
vehicle dealer or an employee of the used vehicle dealer,
drives a vehicle owned and held for sale or lease by a used
vehicle dealer that the person is considering to purchase
or lease, in order to evaluate the performance,
reliability, or condition of the vehicle.
As used in this paragraph 4, "loaner purposes" means
when a person who, with the permission of the used vehicle
dealer, drives a vehicle owned or held for sale or lease by
the used vehicle dealer while the user's vehicle is being
repaired or evaluated.
5. An application for a used vehicle dealer's license
shall be accompanied by the following license fees:
(A) $1,000 for applicant's established place of
business, and $50 for each additional place of
business, if any, to which the application pertains;
however, if the application is made after June 15 of
any year, the license fee shall be $500 for applicant's
established place of business plus $25 for each
additional place of business, if any, to which the
application pertains. License fees shall be returnable
only in the event that the application is denied by the
Secretary of State. Of the money received by the
Secretary of State as license fees under this
subparagraph (A) for the 2004 licensing year and
thereafter, 95% shall be deposited into the General
Revenue Fund.
(B) Except for dealers selling 25 or fewer
automobiles or as provided in subsection (h) of Section
5-102.7 of this Code, an Annual Dealer Recovery Fund
Fee in the amount of $500 for the applicant's
established place of business, and $50 for each
additional place of business, if any, to which the
application pertains; but if the application is made
after June 15 of any year, the fee shall be $250 for
the applicant's established place of business plus $25
for each additional place of business, if any, to which
the application pertains. For a license renewal
application, the fee shall be based on the amount of
automobiles sold in the past year according to the
following formula:
(1) $0 for dealers selling 25 or less
automobiles;
(2) $150 for dealers selling more than 25 but
less than 200 automobiles;
(3) $300 for dealers selling 200 or more
automobiles but less than 300 automobiles; and
(4) $500 for dealers selling 300 or more
automobiles.
License fees shall be returnable only in the event
that the application is denied by the Secretary of
State. Moneys received under this subparagraph (B)
shall be deposited into the Dealer Recovery Trust Fund.
6. A statement that the applicant's officers,
directors, shareholders having a 10% or greater ownership
interest therein, proprietor, partner, member, officer,
director, trustee, manager or other principals in the
business have not committed in the past 3 years any one
violation as determined in any civil, criminal or
administrative proceedings of any one of the following
Acts:
(A) The Anti-Theft Laws of the Illinois Vehicle
Code;
(B) The Certificate of Title Laws of the Illinois
Vehicle Code;
(C) The Offenses against Registration and
Certificates of Title Laws of the Illinois Vehicle
Code;
(D) The Dealers, Transporters, Wreckers and
Rebuilders Laws of the Illinois Vehicle Code;
(E) Section 21-2 of the Illinois Criminal Code of
1961 or the Criminal Code of 2012, Criminal Trespass to
Vehicles; or
(F) The Retailers' Occupation Tax Act.
7. A statement that the applicant's officers,
directors, shareholders having a 10% or greater ownership
interest therein, proprietor, partner, member, officer,
director, trustee, manager or other principals in the
business have not committed in any calendar year 3 or more
violations, as determined in any civil or criminal or
administrative proceedings, of any one or more of the
following Acts:
(A) The Consumer Finance Act;
(B) The Consumer Installment Loan Act;
(C) The Retail Installment Sales Act;
(D) The Motor Vehicle Retail Installment Sales
Act;
(E) The Interest Act;
(F) The Illinois Wage Assignment Act;
(G) Part 8 of Article XII of the Code of Civil
Procedure; or
(H) The Consumer Fraud Act.
8. A bond or Certificate of Deposit in the amount of
$50,000 for each location at which the applicant intends to
act as a used vehicle dealer. The bond shall be for the
term of the license, or its renewal, for which application
is made, and shall expire not sooner than December 31 of
the year for which the license was issued or renewed. The
bond shall run to the People of the State of Illinois, with
surety by a bonding or insurance company authorized to do
business in this State. It shall be conditioned upon the
proper transmittal of all title and registration fees and
taxes (excluding taxes under the Retailers' Occupation Tax
Act) accepted by the applicant as a used vehicle dealer.
9. Such other information concerning the business of
the applicant as the Secretary of State may by rule or
regulation prescribe.
10. A statement that the applicant understands Chapter
1 through Chapter 5 of this Code.
11. A copy of the certification from the prelicensing
education program.
(c) Any change which renders no longer accurate any
information contained in any application for a used vehicle
dealer's license shall be amended within 30 days after the
occurrence of each change on such form as the Secretary of
State may prescribe by rule or regulation, accompanied by an
amendatory fee of $2.
(d) Anything in this Chapter to the contrary
notwithstanding, no person shall be licensed as a used vehicle
dealer unless such person maintains an established place of
business as defined in this Chapter.
(e) The Secretary of State shall, within a reasonable time
after receipt, examine an application submitted to him under
this Section. Unless the Secretary makes a determination that
the application submitted to him does not conform to this
Section or that grounds exist for a denial of the application
under Section 5-501 of this Chapter, he must grant the
applicant an original used vehicle dealer's license in writing
for his established place of business and a supplemental
license in writing for each additional place of business in
such form as he may prescribe by rule or regulation which shall
include the following:
1. The name of the person licensed;
2. If a corporation, the name and address of its
officers or if a sole proprietorship, a partnership, an
unincorporated association or any similar form of business
organization, the name and address of the proprietor or of
each partner, member, officer, director, trustee or
manager;
3. In case of an original license, the established
place of business of the licensee;
4. In the case of a supplemental license, the
established place of business of the licensee and the
additional place of business to which such supplemental
license pertains.
(f) The appropriate instrument evidencing the license or a
certified copy thereof, provided by the Secretary of State
shall be kept posted, conspicuously, in the established place
of business of the licensee and in each additional place of
business, if any, maintained by such licensee.
(g) Except as provided in subsection (h) of this Section,
all used vehicle dealer's licenses granted under this Section
expire by operation of law on December 31 of the calendar year
for which they are granted unless sooner revoked or cancelled
under Section 5-501 of this Chapter.
(h) A used vehicle dealer's license may be renewed upon
application and payment of the fee required herein, and
submission of proof of coverage by an approved bond under the
"Retailers' Occupation Tax Act" or proof that applicant is not
subject to such bonding requirements, as in the case of an
original license, but in case an application for the renewal of
an effective license is made during the month of December, the
effective license shall remain in force until the application
for renewal is granted or denied by the Secretary of State.
(i) All persons licensed as a used vehicle dealer are
required to furnish each purchaser of a motor vehicle:
1. A certificate of title properly assigned to the
purchaser;
2. A statement verified under oath that all identifying
numbers on the vehicle agree with those on the certificate
of title;
3. A bill of sale properly executed on behalf of such
person;
4. A copy of the Uniform Invoice-transaction reporting
return referred to in Section 5-402 of this Chapter;
5. In the case of a rebuilt vehicle, a copy of the
Disclosure of Rebuilt Vehicle Status; and
6. In the case of a vehicle for which the warranty has
been reinstated, a copy of the warranty.
(j) A real estate broker holding a valid certificate of
registration issued pursuant to "The Real Estate Brokers and
Salesmen License Act" may engage in the business of selling or
dealing in house trailers not his own without being licensed as
a used vehicle dealer under this Section; however such broker
shall maintain a record of the transaction including the
following:
(1) the name and address of the buyer and seller,
(2) the date of sale,
(3) a description of the mobile home, including the
vehicle identification number, make, model, and year, and
(4) the Illinois certificate of title number.
The foregoing records shall be available for inspection by
any officer of the Secretary of State's Office at any
reasonable hour.
(k) Except at the time of sale or repossession of the
vehicle, no person licensed as a used vehicle dealer may issue
any other person a newly created key to a vehicle unless the
used vehicle dealer makes a color photocopy or electronic scan
copy of the driver's license or State identification card of
the person requesting or obtaining the newly created key. The
used vehicle dealer must retain the photocopy or scan copy for
30 days.
A used vehicle dealer who violates this subsection (k) is
guilty of a petty offense. Violation of this subsection (k) is
not cause to suspend, revoke, cancel, or deny renewal of the
used vehicle dealer's license.
(l) Used vehicle dealers licensed under this Section shall
provide the Secretary of State a register for the sale at
auction of each salvage or junk certificate vehicle. Each
register shall include the following information:
1. The year, make, model, style and color of the
vehicle;
2. The vehicle's manufacturer's identification number
or, if applicable, the Secretary of State or Illinois
Department of State Police identification number;
3. The date of acquisition of the vehicle;
4. The name and address of the person from whom the
vehicle was acquired;
5. The name and address of the person to whom any
vehicle was disposed, the person's Illinois license number
or if the person is an out-of-state salvage vehicle buyer,
the license number from the state or jurisdiction where the
buyer is licensed; and
6. The purchase price of the vehicle.
The register shall be submitted to the Secretary of State
via written or electronic means within 10 calendar days from
the date of the auction.
(Source: P.A. 99-78, eff. 7-20-15; 100-450, eff. 1-1-18.)
(625 ILCS 5/5-401.3) (from Ch. 95 1/2, par. 5-401.3)
Sec. 5-401.3. Scrap processors required to keep records.
(a) Every person licensed or required to be licensed as a
scrap processor pursuant to Section 5-301 of this Chapter shall
maintain for 3 years, at his established place of business, the
following records relating to the acquisition of recyclable
metals or the acquisition of a vehicle, junk vehicle, or
vehicle cowl which has been acquired for the purpose of
processing into a form other than a vehicle, junk vehicle or
vehicle cowl which is possessed in the State or brought into
this State from another state, territory or country. No scrap
metal processor shall sell a vehicle or essential part, as
such, except for engines, transmissions, and powertrains,
unless licensed to do so under another provision of this Code.
A scrap processor who is additionally licensed as an automotive
parts recycler shall not be subject to the record keeping
requirements for a scrap processor when acting as an automotive
parts recycler.
(1) For a vehicle, junk vehicle, or vehicle cowl
acquired from a person who is licensed under this Chapter,
the scrap processor shall record the name and address of
the person, and the Illinois or out-of-state dealer license
number of such person on the scrap processor's weight
ticket at the time of the acquisition. The person disposing
of the vehicle, junk vehicle, or vehicle cowl shall furnish
the scrap processor with documentary proof of ownership of
the vehicle, junk vehicle, or vehicle cowl in one of the
following forms: a Certificate of Title, a Salvage
Certificate, a Junking Certificate, a Secretary of State
Junking Manifest, a Uniform Invoice, a Certificate of
Purchase, or other similar documentary proof of ownership.
The scrap processor shall not acquire a vehicle, junk
vehicle or vehicle cowl without obtaining one of the
aforementioned documentary proofs of ownership.
(2) For a vehicle, junk vehicle or vehicle cowl
acquired from a person who is not licensed under this
Chapter, the scrap processor shall verify and record that
person's identity by recording the identification of such
person from at least 2 sources of identification, one of
which shall be a driver's license or State Identification
Card, on the scrap processor's weight ticket at the time of
the acquisition. The person disposing of the vehicle, junk
vehicle, or vehicle cowl shall furnish the scrap processor
with documentary proof of ownership of the vehicle, junk
vehicle, or vehicle cowl in one of the following forms: a
Certificate of Title, a Salvage Certificate, a Junking
Certificate, a Secretary of State Junking Manifest, a
Certificate of Purchase, or other similar documentary
proof of ownership. The scrap processor shall not acquire a
vehicle, junk vehicle or vehicle cowl without obtaining one
of the aforementioned documentary proofs of ownership.
(3) In addition to the other information required on
the scrap processor's weight ticket, a scrap processor who
at the time of acquisition of a vehicle, junk vehicle, or
vehicle cowl is furnished a Certificate of Title, Salvage
Certificate or Certificate of Purchase shall record the
Vehicle Identification Number on the weight ticket or affix
a copy of the Certificate of Title, Salvage Certificate or
Certificate of Purchase to the weight ticket and the
identification of the person acquiring the information on
the behalf of the scrap processor.
(4) The scrap processor shall maintain a copy of a Junk
Vehicle Notification relating to any Certificate of Title,
Salvage Certificate, Certificate of Purchase or similarly
acceptable out-of-state document surrendered to the
Secretary of State pursuant to the provisions of Section
3-117.2 of this Code.
(5) For recyclable metals valued at $100 or more, the
scrap processor shall, for each transaction, record the
identity of the person from whom the recyclable metals were
acquired by verifying the identification of that person
from one source of identification, which shall be a valid
driver's license or State Identification Card, on the scrap
processor's weight ticket at the time of the acquisition
and by making and recording a color photocopy or electronic
scan of the driver's license or State Identification Card.
Such information shall be available for inspection by any
law enforcement official. If the person delivering the
recyclable metal does not have a valid driver's license or
State Identification Card, the scrap processor shall not
complete the transaction. The inspection of records
pertaining only to recyclable metals shall not be counted
as an inspection of a premises for purposes of subparagraph
(7) of Section 5-403 of this Code.
This subdivision (a)(5) does not apply to electrical
contractors, to agencies or instrumentalities of the State
of Illinois or of the United States, to common carriers, to
purchases from persons, firms, or corporations regularly
engaged in the business of manufacturing recyclable metal,
in the business of selling recyclable metal at retail or
wholesale, or in the business of razing, demolishing,
destroying, or removing buildings, to the purchase by one
recyclable metal dealer from another, or the purchase from
persons, firms, or corporations engaged in either the
generation, transmission, or distribution of electric
energy or in telephone, telegraph, and other
communications if such common carriers, persons, firms, or
corporations at the time of the purchase provide the
recyclable metal dealer with a bill of sale or other
written evidence of title to the recyclable metal. This
subdivision (a)(5) also does not apply to contractual
arrangements between dealers.
(b) Any licensee who knowingly fails to record any of the
specific information required to be recorded on the weight
ticket required under any other subsection of this Section, or
Section 5-401 of this Code, or who knowingly fails to acquire
and maintain for 3 years documentary proof of ownership in one
of the prescribed forms shall be guilty of a Class A
misdemeanor and subject to a fine not to exceed $1,000. Each
violation shall constitute a separate and distinct offense and
a separate count may be brought in the same complaint for each
violation. Any licensee who commits a second violation of this
Section within two years of a previous conviction of a
violation of this Section shall be guilty of a Class 4 felony.
(c) It shall be an affirmative defense to an offense
brought under paragraph (b) of this Section that the licensee
or person required to be licensed both reasonably and in good
faith relied on information appearing on a Certificate of
Title, a Salvage Certificate, a Junking Certificate, a
Secretary of State Manifest, a Secretary of State's Uniform
Invoice, a Certificate of Purchase, or other documentary proof
of ownership prepared under Section 3-117.1(a) of this Code,
relating to the transaction for which the required record was
not kept which was supplied to the licensee by another licensee
or an out-of-state dealer.
(d) No later than 15 days prior to going out of business,
selling the business, or transferring the ownership of the
business, the scrap processor shall notify the Secretary of
that fact. Failure to so notify the Secretary of State shall
constitute a failure to keep records under this Section.
(e) Evidence derived directly or indirectly from the
keeping of records required to be kept under this Section shall
not be admissible in a prosecution of the licensee for an
alleged violation of Section 4-102(a)(3) of this Code.
(Source: P.A. 95-253, eff. 1-1-08; 95-979, eff. 1-2-09.)
(625 ILCS 5/13-101) (from Ch. 95 1/2, par. 13-101)
Sec. 13-101. Submission to safety test; Certificate of
safety. To promote the safety of the general public, every
owner of a second division vehicle, medical transport vehicle,
tow truck, first division vehicle including a taxi which is
used for a purpose that requires a school bus driver permit,
motor vehicle used for driver education training, or contract
carrier transporting employees in the course of their
employment on a highway of this State in a vehicle designed to
carry 15 or fewer passengers shall, before operating the
vehicle upon the highways of Illinois, submit it to a "safety
test" and secure a certificate of safety furnished by the
Department as set forth in Section 13-109. Each second division
motor vehicle that pulls or draws a trailer, semitrailer or
pole trailer, with a gross weight of 10,001 more than 8,000 lbs
or more or is registered for a gross weight of 10,001 more than
8,000 lbs or more, motor bus, religious organization bus,
school bus, senior citizen transportation vehicle, and
limousine shall be subject to inspection by the Department and
the Department is authorized to establish rules and regulations
for the implementation of such inspections.
The owners of each salvage vehicle shall submit it to a
"safety test" and secure a certificate of safety furnished by
the Department prior to its salvage vehicle inspection pursuant
to Section 3-308 of this Code. In implementing and enforcing
the provisions of this Section, the Department and other
authorized State agencies shall do so in a manner that is not
inconsistent with any applicable federal law or regulation so
that no federal funding or support is jeopardized by the
enactment or application of these provisions.
However, none of the provisions of Chapter 13 requiring
safety tests or a certificate of safety shall apply to:
(a) farm tractors, machinery and implements, wagons,
wagon-trailers or like farm vehicles used primarily in
agricultural pursuits;
(b) vehicles other than school buses, tow trucks and
medical transport vehicles owned or operated by a municipal
corporation or political subdivision having a population
of 1,000,000 or more inhabitants and which are subject to
safety tests imposed by local ordinance or resolution;
(c) a semitrailer or trailer having a gross weight of
5,000 pounds or less including vehicle weight and maximum
load;
(d) recreational vehicles;
(e) vehicles registered as and displaying Illinois
antique vehicle plates and vehicles registered as
expanded-use antique vehicles and displaying expanded-use
antique vehicle plates;
(f) house trailers equipped and used for living
quarters;
(g) vehicles registered as and displaying Illinois
permanently mounted equipment plates or similar vehicles
eligible therefor but registered as governmental vehicles
provided that if said vehicle is reclassified from a
permanently mounted equipment plate so as to lose the
exemption of not requiring a certificate of safety, such
vehicle must be safety tested within 30 days of the
reclassification;
(h) vehicles owned or operated by a manufacturer,
dealer or transporter displaying a special plate or plates
as described in Chapter 3 of this Code while such vehicle
is being delivered from the manufacturing or assembly plant
directly to the purchasing dealership or distributor, or
being temporarily road driven for quality control testing,
or from one dealer or distributor to another, or are being
moved by the most direct route from one location to another
for the purpose of installing special bodies or equipment,
or driven for purposes of demonstration by a prospective
buyer with the dealer or his agent present in the cab of
the vehicle during the demonstration;
(i) pole trailers and auxiliary axles;
(j) special mobile equipment;
(k) vehicles properly registered in another State
pursuant to law and displaying a valid registration plate,
except vehicles of contract carriers transporting
employees in the course of their employment on a highway of
this State in a vehicle designed to carry 15 or fewer
passengers are only exempted to the extent that the safety
testing requirements applicable to such vehicles in the
state of registration are no less stringent than the safety
testing requirements applicable to contract carriers that
are lawfully registered in Illinois;
(l) water-well boring apparatuses or rigs;
(m) any vehicle which is owned and operated by the
federal government and externally displays evidence of
such ownership; and
(n) second division vehicles registered for a gross
weight of 10,000 8,000 pounds or less, except when such
second division motor vehicles pull or draw a trailer,
semi-trailer or pole trailer having a gross weight of or
registered for a gross weight of more than 10,000 8,000
pounds; motor buses; religious organization buses; school
buses; senior citizen transportation vehicles; medical
transport vehicles; and tow trucks; and any property
carrying vehicles being operated in commerce that are
registered for a gross weight of more than 8,000 lbs but
less than 10,001 lbs.
The safety test shall include the testing and inspection of
brakes, lights, horns, reflectors, rear vision mirrors,
mufflers, safety chains, windshields and windshield wipers,
warning flags and flares, frame, axle, cab and body, or cab or
body, wheels, steering apparatus, and other safety devices and
appliances required by this Code and such other safety tests as
the Department may by rule or regulation require, for second
division vehicles, school buses, medical transport vehicles,
tow trucks, first division vehicles including taxis which are
used for a purpose that requires a school bus driver permit,
motor vehicles used for driver education training, vehicles
designed to carry 15 or fewer passengers operated by a contract
carrier transporting employees in the course of their
employment on a highway of this State, trailers, and
semitrailers subject to inspection.
For tow trucks, the safety test and inspection shall also
include the inspection of winch mountings, body panels, body
mounts, wheel lift swivel points, and sling straps, and other
tests and inspections the Department by rule requires for tow
trucks.
For driver education vehicles used by public high schools,
the vehicle must also be equipped with dual control brakes, a
mirror on each side of the vehicle so located as to reflect to
the driver a view of the highway for a distance of at least 200
feet to the rear, and a sign visible from the front and the
rear identifying the vehicle as a driver education car.
For trucks, truck tractors, trailers, semi-trailers,
buses, and first division vehicles including taxis which are
used for a purpose that requires a school bus driver permit,
the safety test shall be conducted in accordance with the
Minimum Periodic Inspection Standards promulgated by the
Federal Highway Administration of the U.S. Department of
Transportation and contained in Appendix G to Subchapter B of
Chapter III of Title 49 of the Code of Federal Regulations.
Those standards, as now in effect, are made a part of this
Code, in the same manner as though they were set out in full in
this Code.
The passing of the safety test shall not be a bar at any
time to prosecution for operating a second division vehicle,
medical transport vehicle, motor vehicle used for driver
education training, or vehicle designed to carry 15 or fewer
passengers operated by a contract carrier as provided in this
Section that is unsafe, as determined by the standards
prescribed in this Code.
(Source: P.A. 97-224, eff. 7-28-11; 97-412, eff. 1-1-12;
97-813, eff. 7-13-12; 97-1025, eff. 1-1-13.)
(625 ILCS 5/3-807 rep.)
Section 10. The Illinois Vehicle Code is amended by
repealing Section 3-807.
Section 99. Effective date. This Act takes effect January
1, 2019.
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