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Public Act 103-0209
Public Act 0209 103RD GENERAL ASSEMBLY
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Public Act 103-0209
| | HB3876 Enrolled | LRB103 05102 HEP 50116 b |
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| AN ACT concerning transportation.
| Be it enacted by the People of the State of Illinois,
| represented in the General Assembly:
| Section 5. The Illinois Vehicle Code is amended by | changing Sections 3-402 and 3-407 as follows:
| (625 ILCS 5/3-402) (from Ch. 95 1/2, par. 3-402)
| Sec. 3-402. Vehicles subject to registration; exceptions.
| A. Exemptions and Policy. Every motor vehicle, trailer, | semitrailer and
pole trailer when driven or moved upon a | highway shall be subject to the
registration and certificate | of title provisions of this Chapter except:
| (1) Any such vehicle driven or moved upon a highway in | conformance with
the
provisions of this Chapter relating | to manufacturers, transporters, dealers,
lienholders or | nonresidents or under a temporary registration permit | issued
by the Secretary of State;
| (2) Any implement of husbandry whether of a type | otherwise subject to
registration hereunder or not which | is only incidentally operated or moved
upon a highway, | which shall include a not-for-hire movement for the | purpose
of delivering farm commodities to a place of first | processing or sale, or
to a place of storage;
| (3) Any special mobile equipment as herein defined;
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| (4) Any vehicle which is propelled exclusively by | electric power obtained
from overhead trolley wires though | not operated upon rails;
| (5) Any vehicle which is equipped and used exclusively | as a pumper, ladder
truck, rescue vehicle, searchlight | truck, or other fire apparatus, but not
a vehicle of a type | which would otherwise be subject to registration as a
| vehicle of the first division;
| (6) Any vehicle which is owned and operated by the | federal government
and externally displays evidence of | federal ownership. It is the policy
of the State of | Illinois to promote and encourage the fullest use of its
| highways and to enhance the flow of commerce thus | contributing to the economic,
agricultural, industrial and | social growth and development of this State,
by | authorizing the Secretary of State to negotiate and enter | into reciprocal
or proportional agreements or arrangements | with other States, or to issue
declarations setting forth | reciprocal exemptions, benefits and privileges
with | respect to vehicles operated interstate which are properly | registered
in this and other States, assuring nevertheless | proper registration of vehicles
in Illinois as may be | required by this Code;
| (7) Any converter dolly or tow dolly which merely | serves as
substitute wheels for another
legally licensed | vehicle. A title may be issued on a voluntary basis to
a |
| tow dolly upon receipt of the manufacturer's certificate | of origin or
the bill of sale;
| (8) Any house trailer found to be an abandoned mobile | home under the
Abandoned Mobile Home Act;
| (9) Any vehicle that is not properly registered or | does not have
registration plates or digital registration | plates issued to the owner or operator affixed thereto, or | that
does have registration plates or digital registration | plates issued to the owner or operator affixed thereto
but | the plates are not appropriate for the weight of the | vehicle, provided that
this
exemption shall apply only | while the vehicle is being transported or operated
by a | towing service and has a third tow plate affixed to
it.
| B. Reciprocity. Any motor vehicle, trailer, semitrailer or | pole trailer
need not be registered under this Code provided | the same is operated interstate
and in accordance with the | following provisions and any rules and regulations
promulgated | pursuant thereto:
| (1) A nonresident owner, except as otherwise provided | in this Section,
owning any foreign registered vehicle of | a type otherwise subject to
registration hereunder, may | operate or permit the operation of such vehicle
within | this State in interstate commerce without registering such | vehicle
in, or paying any fees to, this State subject to | the condition that such
vehicle at all times when operated | in this State is operated pursuant to a
reciprocity |
| agreement, arrangement or declaration by this State, and
| further subject to the condition that such vehicle at all | times when
operated in this State is duly registered in, | and displays upon it, a valid
registration card and | registration plate or plates or digital registration plate | or plates issued for such vehicle
in the place of | residence of such owner and is issued and maintains in | such
vehicle a valid Illinois reciprocity permit as | required by the Secretary of
State, and provided like | privileges are afforded to residents of this State
by the | State of residence of such owner.
| Every nonresident including any foreign corporation | carrying on business
within this State and owning and | regularly operating in such business any
motor vehicle, | trailer or semitrailer within this State in intrastate | commerce,
shall be required to register each such vehicle | and pay the same fees therefor
as is required with | reference to like vehicles owned by residents of this
| State.
| (2) Any motor vehicle, trailer, semitrailer and pole | trailer operated
interstate need not be registered in this | State, provided:
| (a) that the vehicle is properly registered in | another
State pursuant to law or to a reciprocity | agreement, arrangement or
declaration; or
| (b) that such vehicle is part of a fleet of |
| vehicles owned or operated
by the same person who | registers such fleet of vehicles pro rata among the
| various States in which such fleet operates; or
| (c) that such vehicle is part of a fleet of | vehicles, a portion of which
are registered with the | Secretary of State of Illinois in accordance with
an | agreement or arrangement concurred in by the Secretary | of State of
Illinois based on one or more of the | following factors: ratio of miles in
Illinois as | against total miles in all jurisdictions; situs
or | base of a vehicle, or where it is principally garaged, | or from whence
it is principally dispatched or where | the movements of such vehicle usually
originate; situs | of the residence of the owner or operator thereof, or | of
his principal office or offices, or of his places of | business; the routes
traversed and whether regular or | irregular routes are traversed, and the
jurisdictions | traversed and served; and such other factors as may be | deemed
material by the Secretary and the motor vehicle | administrators of the other
jurisdictions involved in | such apportionment. Such vehicles shall maintain | therein any reciprocity permit
which may be required | by the Secretary of State pursuant to rules and
| regulations which the Secretary of State may | promulgate in the
administration of this Code, in the | public interest.
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| (3)(a) In order to effectuate the purposes of this | Code, the Secretary
of State of Illinois is empowered to | negotiate and execute written reciprocal
agreements or | arrangements with the duly authorized representatives of | other
jurisdictions, including States, districts, | territories and possessions
of the United States, and | foreign states, provinces, or countries, granting
to | owners or operators of vehicles duly registered or | licensed in such
other jurisdictions and for which | evidence of compliance is supplied,
benefits, privileges | and exemption from the payment, wholly or partially,
of | any taxes, fees or other charges imposed with respect to | the ownership
or operation of such vehicles by the laws of | this State except the tax
imposed by the Motor Fuel Tax | Law, approved March 25, 1929, as amended, and
the tax | imposed by the Use Tax Act, approved July 14, 1955, as | amended.
| The Secretary of State may negotiate agreements or | arrangements as are in
the best interests of this State | and the residents of this State pursuant
to the policies | expressed in this Section taking into consideration the
| reciprocal exemptions, benefits and privileges available | and accruing to
residents of this State and vehicles | registered in this State.
| (b) Such reciprocal agreements or arrangements shall | provide that vehicles
duly registered or licensed in this |
| State when operated upon the highways
of such other | jurisdictions, shall receive exemptions, benefits and | privileges
of a similar kind or to a similar degree as | extended to vehicles from such
jurisdictions in this | State.
| (c) Such agreements or arrangements may also authorize | the apportionment of
registration or licensing of fleets | of vehicles operated interstate, based
on any or all of | the following factors: ratio of miles in Illinois as | against
total miles in all jurisdictions; situs or base of | a vehicle, or where it
is principally garaged or from | whence it is principally dispatched or where
the movements | of such vehicle usually originate; situs of the residence
| of the owner or operator thereof, or of his principal | office or offices,
or of his places of business; the | routes traversed and whether regular or
irregular routes | are traversed, and the jurisdictions traversed and served;
| and such other factors as may be deemed material by the | Secretary and the
motor vehicle administrators of the | other jurisdictions involved in such
apportionment, and | such vehicles shall likewise be entitled to reciprocal
| exemptions, benefits and privileges.
| (d) Such agreements or arrangements shall also provide | that vehicles being
operated in intrastate commerce in | Illinois shall comply with the registration
and licensing | laws of this State, except that vehicles which are part of
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| an apportioned fleet may conduct an intrastate operation | incidental to their
interstate operations. Any motor | vehicle properly registered and qualified
under any | reciprocal agreement or arrangement under this Code and | not having
a situs or base within Illinois may complete | the inbound movement of a trailer
or semitrailer to an | Illinois destination that was brought into Illinois
by a | motor vehicle also properly registered and qualified under | this Code
and not having a situs or base within Illinois, | or may complete an outbound
movement of a trailer or | semitrailer to an out-of-state destination that
was | originated in Illinois by a motor vehicle also properly | registered and
qualified under this Code and not having a | situs or base in Illinois, only
if the operator thereof | did not break bulk of the cargo laden in such
inbound or | outbound trailer or semitrailer. Adding or unloading | intrastate
cargo on such inbound or outbound trailer or | semitrailer shall be deemed
as breaking bulk.
| (e) Such agreements or arrangements may also provide | for the determination
of the proper State in which leased | vehicles shall be registered based on
the factors set out | in subsection (c) above and for apportionment of
| registration of fleets of leased vehicles by the lessee or | by the lessor
who leases such vehicles to persons who are | not fleet operators.
| (f) Such agreements or arrangements may also include |
| reciprocal
exemptions, benefits or privileges accruing | under The Illinois Driver
Licensing Law or The Driver | License Compact.
| (4) The Secretary of State is further authorized to | examine the laws
and requirements of other jurisdictions, | and, in the absence of a written
agreement or arrangement, | to issue a written declaration of the extent and
nature of | the exemptions, benefits and privileges accorded to | vehicles of
this State by such other jurisdictions, and | the extent and nature of reciprocal
exemptions, benefits | and privileges thereby accorded by this State to the
| vehicles of such other jurisdictions. A declaration by the | Secretary of
State may include any, part or all reciprocal | exemptions, benefits and
privileges or provisions as may | be included within an agreement or arrangement.
| (5) All agreements, arrangements, declarations and | amendments thereto,
shall be in writing and become | effective when signed by the Secretary of
State, and | copies of all such documents shall be available to the | public upon request.
| (6) The Secretary of State is further authorized to | require the display
by foreign registered trucks, | truck-tractors and buses, entitled to reciprocal
benefits, | exemptions or privileges hereunder, a reciprocity permit | for
external display before any such reciprocal benefits, | exemptions or privileges
are granted. The Secretary of |
| State shall provide suitable application forms
for such | permit and shall promulgate and publish reasonable rules | and
regulations for the administration and enforcement of | the provisions of
this Code including a provision for | revocation of such permit as to any
vehicle operated | wilfully in violation of the terms of any reciprocal
| agreement, arrangement or declaration or in violation
of | the Illinois Motor Carrier of Property Law, as amended.
| (7)(a) Upon the suspension, revocation or denial of | one or more of all
reciprocal benefits, privileges and | exemptions existing pursuant to the
terms and provisions | of this Code or by virtue of a reciprocal agreement
or | arrangement or declaration thereunder; or, upon the | suspension, revocation
or denial of a reciprocity permit; | or, upon any action or inaction of the
Secretary in the | administration and enforcement of the provisions of this
| Code, any person, resident or nonresident, so aggrieved, | may serve upon
the Secretary, a petition in writing and | under oath, setting forth the
grievance of the petitioner, | the grounds and basis for the relief sought,
and all | necessary facts and particulars, and request an | administrative
hearing thereon. Within 20 days, the | Secretary shall set a hearing date as
early as practical. | The Secretary may, in his discretion, supply forms for
| such a petition.
The Secretary may require the payment of | a fee of not more than $50 for the
filing of any petition, |
| motion, or request for hearing conducted pursuant to
this | Section. These fees must be deposited into the Secretary | of State DUI
Administration Fund, a special fund that is | hereby created in the State
treasury, and, subject
to | appropriation and as directed by the Secretary of State, | shall be used to
fund
the operation of the hearings | department of the Office of the Secretary of
State
and for | no other purpose. The
Secretary shall establish by rule | the amount and the procedures, terms, and
conditions | relating to these fees.
| (b) The Secretary may likewise, in his discretion and | upon his own
petition,
order a hearing, when in his best | judgment, any person is not entitled to
the reciprocal | benefits, privileges and exemptions existing pursuant to
| the terms and provisions of this Code or under a | reciprocal agreement or
arrangement or declaration | thereunder or that a vehicle owned or operated
by such | person is improperly registered or licensed, or that an | Illinois
resident has improperly registered or licensed a | vehicle in another
jurisdiction for the purposes of | violating or avoiding the registration
laws of this State.
| (c) The Secretary shall notify a petitioner or any | other person involved
of such a hearing, by giving at | least 10 days notice, in writing, by U.S.
Mail, Registered | or Certified, or by personal service, at the last known
| address of such petitioner or person, specifying the time |
| and place of such
hearing. Such hearing shall be held | before the Secretary, or any person
as he may designate, | and unless the parties mutually agree to some other
county | in Illinois, the hearing shall be held in the County of | Sangamon
or the County of Cook. Appropriate records of the | hearing shall be kept,
and the Secretary shall issue or | cause to be issued, his decision on the
case, within 30 | days after the close of such hearing or within 30 days | after
receipt of the transcript thereof, and a copy shall | likewise be served or
mailed to the petitioner or person | involved.
| (d) The actions or inactions or determinations, or | findings and decisions
upon an administrative hearing, of | the Secretary, shall be subject to judicial
review in the | Circuit Court of the County of Sangamon or the County of | Cook,
and the provisions of the Administrative Review Law,
| and all amendments and modifications thereof and rules | adopted pursuant
thereto, apply to and govern all such | reviewable matters.
| Any reciprocal agreements or arrangements entered into | by the Secretary
of State or any declarations issued by | the Secretary of State pursuant to
any law in effect prior | to the effective date of this Code are not hereby
| abrogated, and such shall continue in force and effect | until amended pursuant
to the provisions of this Code or | expire pursuant to the terms or provisions
thereof.
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| C. Vehicles purchased out-of-state. A resident of this | State who
purchases a vehicle in another state and transports | the vehicle to Illinois
shall apply for registration and | certificate of title as soon
as practicable, but in no event | more than 45 days after the purchase of the
vehicle. If an | Illinois motorist who purchased a vehicle from an out-of-state
| licensed dealer is unable to meet the 45-day deadline due to a | delay in
paperwork from the seller, that motorist may obtain | an Illinois temporary
registration plate with: (i) proof of | purchase; (ii) proof of meeting the
Illinois driver's license | or identification card requirement; and (iii) proof
that | Illinois title and registration fees have been paid. If fees | have not
been paid, the motorist may pay the fees in order to | obtain the temporary
registration plate. The owner of such a | vehicle shall display any temporary
permit or registration | issued in accordance with Section 3-407. | (Source: P.A. 101-395, eff. 8-16-19.)
| (625 ILCS 5/3-407) (from Ch. 95 1/2, par. 3-407)
| Sec. 3-407. Temporary permit or registration pending | registration.
| (a) Temporary Permit. The Secretary of State in his | discretion may
grant a temporary permit or placard to operate | a vehicle for which
application for
registration and | certificate of title has been made where such application
is | made by the holder of a valid Illinois driver's license or |
| identification
card, or equivalent documentation, and | accompanied by the proper fee, pending action upon said | application by
the Secretary of State. If the person making
| the application is primarily a resident of a state other than | the State of
Illinois, that person shall provide a valid | driver's license or
identification card, or equivalent | documentation, of that primary state of
residence, accompanied | by the proper fee, and one or more of the following:
(i) proof | of ownership or lease agreement for a residence in Illinois; | (ii)
proof of enrollment in an Illinois college, university, | or other institution of
higher education; or (iii) proof of | active duty military status. In lieu of payment of the proper | fee, the Secretary
of State may accept a bond therefor or a | certificate of deposit, in the
proper amount, and in the same | form and subject to the same requirements as
the payment of | such fees or taxes on an installment basis, except that the
| fees or taxes due shall be payable and paid to the Secretary of | State. The
design, color and format of the temporary permit or | placard shall be wholly
within the discretion of the Secretary | of State.
| (b) Temporary Registration. The Secretary of State in his | discretion may
issue registration plates to an owner for which | application and certificate
of title has been made where such | application is accompanied by the proper
fee and tax, pending | completion of the said application by the applicant
and the | Secretary, subject however to rules and regulations |
| promulgated by
the Secretary.
| (c) Revocation. A temporary permit or registration is | subject to
revocation to the same extent as any other | registration.
| (Source: P.A. 88-298.)
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Effective Date: 1/1/2024
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