Ill. Admin. Code tit. 92 § 1010.705

Current through Register Vol. 48, No. 44, November 1, 2024

Section 1010.705 - Reciprocity

a) Definition and Application

1) "Reciprocity" means the reciprocal exemption by the Secretary of State of Illinois, from registration requirements and from payment, wholly or partially, of any taxes or fees or other charges therefor, as to any vehicle "properly registered" by the "owner" in a Reciprocating State and operated in Illinois in "interstate commerce".

2) A foreign registered vehicle is eligible for "Reciprocity" at all times when operated in Illinois in "interstate commerce" if:

A) Such operation is pursuant to an Illinois Agreement, Arrangement or Declaration; and

B) Such vehicle is duly and "properly registered" by the "owner" in a Reciprocating State; and

C) Such vehicle displays the valid and current registration plates and card issued by the Reciprocating State; and

D) Only if the Reciprocating State grants like privileges to Illinois residents and to vehicles "properly registered" in Illinois.

3) A foreign registered truck, truck-tractor, or motor bus eligible for "reciprocity" and having a gross weight of 12,001 pounds or more must also possess in the cab of the vehicle the current and valid Illinois reciprocity permit.

b) "Properly Registered" and Proration of Registrations.

1) A foreign registered vehicle is "properly registered" if:

A) Registered in a Reciprocating State pursuant to law, or to an Illinois Reciprocity Agreement, Arrangement or Declaration; or

B) Registered in a Reciprocating State and part of a fleet owned or operated by the same person who registers that fleet prorata among the various states in which such fleet operates including the State of Illinois; or

C) Registered in a Reciprocating State as part of a fleet of vehicles, a portion of which are registered in Illinois under proration provisions of an Illinois Agreement or Arrangement; and

D) Registered for the proper gross weight being imposed upon the highways of the State of Illinois.

2) Leases vehicles shall be "properly registered" only if registered by the lessee, who has or is entitled to possession and control. However, where the lessor leases his vehicles only on a one-way basis or only for daily rental, then the said leased vehicles shall be "properly registered" by the lessor.

3) Any fleet of vehicles operated interstate may be eligible for proration of registrations in Illinois pursuant to Illinois Agreements, Arrangement or Declarations; and in addition:

A) A "mixed fleet", that is, one registered prorata and operated into Illinois, must be prorated with Illinois;

B) A fleet required to be prorated under an Illinois Agreement or Arrangement, must be prorated with Illinois.

C) A fleet from a state granting partial "Reciprocity" to Illinois and Illinois registered vehicles may be prorated with Illinois in lieu of full registration, and in such event, the Illinois registration fee shall be waived and only the Illinois flat weight tax prorated.

4) Only a vehicle in such a fleet operated interstate that has a combined gross weight, singly or in combination, together with load, of 12,001 pounds or more, and which will be operated in Illinois, may be included in a prorate application.

5) A vehicle with a current and valid Illinois one-trip permit shall be deemed as being properly registered for that one trip.

6) Fleets of leased vehicles shall be eligible for proration of registrations with Illinois as follows:

A) Where the fleet is operated by the lessee, then the application shall be filed by the lessee; and

B) Where the vehicles in such fleet are leased for one-way hauls or for daily-use and to persons who are not fleet operators, then the application shall be filed by the lessor.

c) Agreements and Arrangement

1) Reciprocity Agreements or Arrangements negotiated by the Secretary of State with other States, shall be in writing, and shall become effective when signed by the Secretary of State and the administrator of the Reciprocating State.

2) Non-resident owned vehicles shall be required in such Agreements or Arrangements as are operated in intrastate commerce, to be registered in Illinois except as specifically exempted by Section 3-402 B(3)(d) of the Code.

3) Leases vehicles shall be registered by the Lessee where the Lessee has or is entitled to possession and control.

d) Declarations

Declarations issued by the Secretary of State may include without limitation, any or all exemptions, benefits or privileges as may be included in a written Agreement or Arrangement, and shall be filed with the Administrator of the State or States affected.

e) Copies of Documents

Copies of all Illinois Agreements, Arrangements, or Declarations shall be on file with the Index Department of the Office of the Secretary of State, in Springfield, Illinois, and shall be available to the public upon request for inspection during business hours, or for purchase of copies thereof.

f) Plates for Foreign Registered Vehicles

1) Foreign registered trucks and truck tractors entitled to Reciprocity, having a combined gross vehicle weight, singly or in combination together with load, of 12,001 pounds or more, shall display:

A) The current and valid registration plates and card of the reciprocating State; or

B) The current and valid Illinois Prorate Decal and Card.

2) Reciprocity Permits are issued for one or more years, whereas Prorate Decals and Cards are issued only on a calendar year basis.

3) Illinois Registration plates issued to trucks and truck tractors, semitrailers and trailers and registered under a prorate registration or under apportionment, shall be on a calendar year basis. All other such registration plates shall be on a fiscal year basis commencing July 1 of each year.

4) Any Reciprocity Permit or Prorate Decal and card therefor, shall be subject to revocation as to any vehicle operated wilfully in violation of the terms of any Illinois Agreement, Arrangement or Declaration, or in violation of the Illinois Motor Carrier of Property Law (Ill. Rev. Stat. 1981, ch. 951/2, pars. 18-100 et seq.).

g) Exempt from Illinois Reciprocity Permit requirements are the following foreign-plated vehicles:

1) Vehicles owned by another State.

2) Vehicles owned by a local government unit of another State.

3) School buses.

4) Vehicles owned by the Federal Government.

5) Tow trucks or wreckers making an occasional interstate tow.

6) 2 axle farm trucks hauling livestock, not-for-hire, to an Illinois point of sale or processing and return to the farm in the other State.

7) Semitrailers drawn by a properly registered truck tractor.

8) Tractors towed by a properly registered truck or truck tractor semi combination.

9) Auxiliary axles in a combination with a properly registered truck tractor or semitrailer.

h) Exempt from Illinois prorate Decal Requirements are the following foreign-plated vehicles:

1) Vehicles owned by another State.

2) Vehicles owned by a local government unit of another State.

3) School Buses.

4) Vehicles owned by the Federal Government.

5) Tow trucks or wreckers making an occasional interstate tow.

6) 2 axle farm trucks hauling livestock, not-for-hire, to an Illinois point of sale or processing and return to the farm in the other State.

7) Semitrailers drawn by a properly registered truck tractor.

Ill. Admin. Code tit. 92, § 1010.705

Amended at 4 Ill. Reg. 17, p. 247, effective April 11, 1980