Ill. Admin. Code tit. 92, pt. 1010, subpt. H, app A
Pursuant to and in conformity with the laws of the respective States, the contracting States acting by and through their officials lawfully authorized to execute this agreement, do mutually agree as follows:
ARTICLE 1. PURPOSES AND PRINCIPLES
Section 1. Purposes of Agreement. (a) It is the purpose of this agreement to set up a system whereby any contracting State may permit owners of fleets of commercial vehicles operating in two or more States to prorate the registration of the vehicles in such fleets in each State in which the fleets operate on the basis of the proportion of miles operated within such State to total fleet miles, as defined herein.
(b) It is further the purpose of this agreement to grant reciprocity to noncommercial vehicles, and to commercial vehicles engaged in interstate operations and intrastate operations incidental thereto which are not entitled to have their registration prorated under this agreement as part of a fleet. Reciprocity entitles a vehicle which is properly registered in a contracting State, as provided in this agreement, to be exempt from registration and payment of fees in each other contracting State for the purpose of engaging in any type of interstate vehicle operation in each other contracting State.
Section 2. Principle of Proration of Registration. It is hereby declared that in making this agreement the contracting States adhere to the principle that each State should have the freedom to develop the kind of highway user tax structure that it determines to be most appropriate to itself, that the method of taxation of interstate commercial vehicles should not be a determining factor in developing its user tax structure, and that annual taxes or other taxes of the fixed fee type upon commercial vehicles which are not imposed on a basis that reflects the amount of highway use should be apportioned among the States, within the limits of practicality, on the basis of vehicle miles traveled within each of the States.
ARTICLE 2. DEFINITIONS
Section 10. "State". State shall include the States of the United States, the District of Columbia, the territories of the United States, the Provinces of Canada, and the States, Territories and Federal District of Mexico.
Section 11. "Contracting State". Contracting State shall mean a State which is a party to this agreement.
Section 12. "Administrator". Administrator shall mean the official or agency of a State administering the fee involved, or, in the case of proration of registration, the official or agency of a State administering the proration of registration in that State.
Section 13. "Person". Person shall include any individual, firm, co-partnership, joint venture, association, corporation, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit.
Section 14. "Base State". Base State shall mean with respect to a vehicle:
(a) In the case of a commercial vehicle, the State from or in which the vehicle is most frequently dispatched, garaged, serviced, maintained, operated, or otherwise controlled, or also in the case of a fleet vehicle the State to which it is allocated for registration under statutory requirements.
(b) In the case of a vehicle other than a commercial vehicle owned by an individual, the State of legal domicile of such individual.
(c) In the case of a vehicle other than a commercial vehicle owned by a person other than an individual, or owned by an individual who has not legal domicile, the State from or in which the vehicle is most frequently dispatched, garaged, serviced, maintained, operated, or otherwise controlled.
In order that this section may not be used for the purpose of evasion of registration fees, the administrators of the contracting States may make the final decision as to the proper base State, in accordance with Section 37 hereof, to prevent or avoid such evasion.
Section 15. "Commercial Vehicle". Commercial Vehicle shall mean any motor vehicle having a gross weight in excess of 6,000 pounds and other vehicle regardless of weight used or maintained for the transportation of persons for-hire, compensation profit, or in furtherance of a commercial enterprise, or any vehicle designed, used, or maintained primarily for the transportation of property or for drawing other vehicles so designed, used or maintained.
Section 16. "Fleet". As to each contracting State, fleet shall include only those commercial vehicles which actually travel a portion of their total miles in such State. A fleet must include three (3) or more Commercial vehicles, at least two (2) of which are motor vehicles.
Section 17. "Registration". Registration shall mean the registration of a vehicle and the payment of annual fees and taxes as set forth opposite the name of each contracting State in the Appendix hereto.
Section 18. "Proration of Registration". Proration of Registration shall mean registration of fleets of commercial vehicles in accordance with Article 4 of this agreement.
Section 19. "Reciprocity". Reciprocity shall mean that each contracting State, to the extent provided in this agreement, exempts a vehicle from registration and the registration fees set forth in Section 17 of the Appendix.
ARTICLE 3. GENERAL PROVISIONS
Section 30. Effects on Other Agreements, Arrangements, and Understandings. On and after its effective date, this agreement shall supersede any reciprocal or other agreement, arrangement, or understanding between any two or more of the contracting States covering, in whole or in part, any of the matters covered by this agreement; but this agreement shall not affect any reciprocal or other agreement, arrangement, or understanding between a contracting State and a State or States not a party to this agreement.
Section 31. Applicability to Exempt Vehicles. This agreement shall not require registration in a contracting State of any vehicles which are in whole or part exempt from registration under the laws or regulations of such State without respect to this agreement.
Section 32. "Inapplicability to Caravaned Vehicle". The benefits and privileges of this agreement shall not be extended to a vehicle operated on its own wheels, or in tow of a motor vehicle, transported for the purpose of selling or offering the same for sale to or by any agent, dealer, purchaser, or prospective purchaser.
Section 33. "Other Fees and Taxes". This agreement does not waive any fees or taxes charged or levied by any State in connection with the ownership or operation of vehicles other than registration fees as defined herein. All other fees and taxes shall be paid to each State in accordance with the laws thereof.
Section 34. "Statutory Vehicle Regulations". This agreement shall not authorized the operation of a vehicle in any contracting State contrary to the laws or regulations thereof, except those pertaining to registration and payment of fees; and with respect to such laws or regulations, only to the extent provided in this agreement.
Section 35. "Violations". Each contracting State reserves the right to withdraw, by order of the administrator thereof, all or any party of the benefits or privileges granted pursuant to this agreement from the owner of any vehicle or fleet of vehicles operated in violation of any provision of this agreement. The administrator shall immediately give notice of any such violation and withdrawal of any such benefits or privileges to the administrator of each other contracting State in which vehicles of such owner are operated.
Section 36. "Cooperation". The administrator of each of the contracting States shall cooperate with the administrators of the others and each contracting State hereby agrees to furnish such aid and assistance to each other within its statutory authority as will aid in the proper enforcement of this agreement.
Section 37. Interpretation. The final decision regarding interpretation of questions at issue relating to this agreement shall be reached by joint action of the contracting States, acting through the administrator thereof, and shall upon determination be placed in writing.
Section 38. "Amendment". This agreement may be amended by joint action of the contracting States, acting through the officials thereof authorized to enter into this agreement. Any amendment shall be placed in writing and become a part hereof.
Section 39. "Effect of Headings". Article and section headings contained herein shall not be deemed to govern, limit, modify, or in any manner affect the scope, meaning, or intent of the provisions of any article or section hereof.
Section 40. "Additional States". Additional states may become parties to this agreement by signing and accepting the terms of the agreement subject to the approval of the contracting States of any restriction, limitation, or condition imposed by such additional State upon its membership under the agreement.
ARTICLE 4. PRORATION OF REGISTRATION
Section 50. "Applicability". Any owner of a fleet may register the vehicles of said fleet in any contracting State by paying to said State total registration fees in an amount equal to that obtained by applying the proration of in-state fleet miles divided by the total fleet miles, to the total fees which would otherwise be required for regular registration of each and all of such vehicles in such contracting State.
All fleet pro-rata registration fees shall be based upon the mileage proportions of the fleet during the period of twelve months ending on June 30 next preceding the commencement of the registration year for which registration is sought: Except, that mileage proportions for a fleet not operated during such period in the State where application for registration is made will be determined by the administrator upon the sworn application of the applicant showing the operations during such period in other States and the estimated operations, during the registration year for which registration is sought, in the State in which application is being made; or if no operations were conducted during such period a full statement of the proposed method of operation.
If any commercial vehicles operate in two or more States which permit the proration of registration on the bases of a fleet of vehicles consisting of a lessor number of vehicles than provided in Section 16, such fleet may be prorated as to registration in such States, in which event the vehicles in such fleet shall not be required to register in any other contracting States if each sure vehicle is registered in some contracting State (except to the extent it is exempt from registration as provided in Section 31).
If the administrator of any State determines, based on the method of the operation thereof, that the inclusion of a vehicle or vehicles as a part of a fleet would adversely affect the proper fleet fee which should be paid his State, having due regard for fairness and equity, he may refuse to permit any or all of such vehicles to be included in his State as a part of such fleet.
Section 51. "Determination of Number of Vehicles in a Fleet". In determining the number of commercial vehicles in a fleet for the purposes of proration of registration, each individual unit of a combination of vehicles shall be counted as one vehicle.
Section 52. "Total Fleet Miles". Total fleet miles, with respect to each contracting State, shall mean the total miles operated by the fleet (1) in such State, (2) in all other contracting States, (3) in other States having proportionate registration provisions, (4) in States with which such contracting State has reciprocity, and (5) in such other States as the administrator determines should be included under the circumstances in order to protect or promote the interest of his State; except that in States having laws requiring proration on the basis of a different determination of total fleet miles, total fleet miles shall be determined on such basis.
Section 53. "Leases Vehicles". If a commercial vehicle is operated by a person other than the owner as a part of a fleet which is subject to the provisions of this article, then the operator of such fleet shall be deemed to be the owner of said vehicle for the purposes of this article.
Section 54. "Extent of Privilege". Upon the registration of a fleet in a contracting State pursuant to this article, each vehicle in the fleet may be operated in both interstate and intrastate operations in such State (except as provided in Section 34).
Section 55. "Application for Proration". The application for proration of registration shall be made in each contracting State upon substantially the application forms and supplements thereto appended to this agreement as Exhibit 1 and made a part hereof.
Section 56. "Issuance of Identification". Upon registration of a fleet, the State which is the base State of a particular vehicle of the fleet, shall issue the required license plates and registration card for such vehicle, and each contracting State in which the fleet of which such vehicle is a part, operates shall issue a special identification identifying such vehicle as a part of a fleet which has fully complied with the registration requirement of such State. The required license plates, registration cards and identification shall be appropriately displayed in the manner required by the administrator of each respective State.
Section 57. "Additions to the Fleet". If any vehicle is added to a prorated fleet after the filing of the original application, the owner shall file a supplemental application in accordance with the instruction. The owner shall register such vehicle in each contracting State in like manner as provided for vehicles listed in an original application and the registration fee payable shall be determined on the mileage proportion used to determine the registration fees payable for vehicles registered under the original application.
Section 58. "Withdrawals from Fleet". If any vehicle is withdrawn from a prorated fleet during the period for which it is registered or identified, the owner shall notify the administrator of each State in which it is registered or identified of such withdrawal and shall return the plates, and registration card or identification as may be required by each administrator.
Section 59. "Audits". The administrator of each contracting State shall, within the statutory authority of such administrator, make any information obtained upon an audit of records of any applicant for proration of registration available to the administrators of the other contracting States.
Section 60. "Errors in Registration". If it is determined by the administrator of a contracting State, as a result of such audits or otherwise, that an improper fee has been paid his State, or errors in registration found, the administrator may require the fleet owner to make the necessary corrections in the registration of his fleet and payment of fees.
ARTICLE 5. RECIPROCITY
Section 70. "Grant of Reciprocity". Each of the contracting States grants reciprocity as provided in this article.
Section 71. "Applicability". The provisions of this agreement with respect to reciprocity shall apply only to a vehicle properly registered in the base State of the vehicle, which State must be contracting State.
Section 72. "Non-applicability to Fleet Vehicles". The reciprocity granted pursuant to this article shall not apply to a vehicle which is entitled to be registered or identified as part of a prorated fleet.
Section 73. "Extent of Reciprocity". The reciprocity granted pursuant to this article shall permit both interstate and intrastate operation of a vehicle which is not a commercial vehicle. The reciprocity granted pursuant to this article shall permit the interstate operation of a commercial vehicle and intrastate operation which is incidental to a trip of such vehicle involving interstate operation.
Section 74. "Other Agreements". Nothing in this agreement shall be construed to prohibit any of the contracting States from entering into separate agreements with each other for the granting of temporary permits for the intrastate operation of vehicles registered in the other State; nor to prevent any of the contracting States from entering into agreements to grant reciprocity for intrastate operation within any zone or zones agreed upon by the States.
Section 75. "Establishment of New Residence". Whenever an individual who is the owner of a noncommercial vehicle granted reciprocity pursuant to this agreement establishes domicile during the registration period in another contracting State, he shall not be required to register his vehicle in such State, he shall not be required to register his vehicle in such State until the expiration of the current registration of the vehicle unless the law of the State otherwise provides.
ARTICLE 6. EFFECTIVE DATE. CANCELLATION OR REVOCATION.
Section 90. "Effective Date". This revised agreement shall become effective upon arrival and shall apply to registrations beginning with the 1957 registration year, but changes in the agreement shall not affect registrations for the 1956 registration year.
Section 91. "Cancellation or Revocation". This agreement shall continue in full force thereafter until cancelled or revoked by the official or officials of any contracting State authorized to enter into this agreement, upon 30 days written notice to the corresponding officials of the other contracting States.
Ill. Admin. Code tit. 92, pt. 1010, subpt. H, app A