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