Ill. Admin. Code tit. 92 § 1010.720

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

Section 1010.720 - Vehicle Apportionment

a) International Registration Plan

1) The International Registration Plan (IRP) is a method of licensing truck and bus fleets apportionately among two or more member jurisdictions. The apportionate fee is determined by the fleet's percentage of miles generated in the various jurisdictions.

2) It is the purpose of the IRP to issue one (1) registration plate and one (1) cab card to each vehicle. The cab card will indicate the various jurisdictions in which the unit is legal to operate.

b) Applications for filing will be available after October 1 of the current year and must be on file in this office prior to December 1 of that year.

c) Rules and Regulations

Pursuant to the provisions of Section 3-402.1 of the Illinois Vehicle Code (IVC), the following rules and regulations have been adopted regarding apportionment.

1) Apportionment is required for commercial vehicles having a combined gross weight exceeding 26,000 pounds, including the weight of the vehicle and the maximum load, or having three or more axles, regardless of weight, providing they operate in a jurisdiction that is a member of the IRP.

2) Illinois will accept apportionment applications for separate fleets if a company desires, if more than one is submitted designated as Fleet No. 1 and Fleet No. 2.

3) Miles reported

A) Mileage generated by the apportioned fleet during the preceding year (July 1-June 30) must be included on the application.

B) Estimated mileage in IRP member jurisdictions will not be accepted for new or expanded operations for the second registration year or subsequent years unless the carrier pays in excess of 100% registration of a fleet.

4) In computing the mileage, the interstate and intrastate miles of each apportioned vehicle must be included, and reported on a fleet basis. Estimated mileage in non-member, IRP jurisdictions will not be accepted for new or expanded operations for the second registration year or subsequent years. If second year estimates are listed on the schedule B, they will be deleted and percentages computed accordingly. Miles must be included for all jurisdictions traveled even if the carrier does not apportion in that jurisdiction. The carrier must indicate on its application the jurisdictions in which it wishes to apportion.

5) Carriers who apportion their vehicles may operate in interstate or intrastate commerce, providing that they have the proper authority from the Commerce Commission if required.

6) If a carrier operates more than one fleet, and one of the fleets is based in a jurisdiction that is a member of the IRP, then that fleet must be apportioned in Illinois. If the other fleet is based in a non-IRP jurisdiction, and it will operate in Illinois, then that fleet will be required to prorate with the State of Illinois.

7) Household Goods Carriers who are leasing equipment from service representative may elect to base equipment in the base jurisdiction of the service representative or that of the carrier.

8) Owner-operators who are leased on a long-term lease may be registered in the owner-operator's name or in the lessee's name. (See Article IX of the International Registration Plan, Appendix B)

9) Rental companies will apportion their vehicles as defined in Article XI of the International Registration Plan (see Appendix B).

10) The State of Illinois will issue apportionment plates to trucks, truck-tractors, full trailers, and buses.

11) Every applicant is required to maintain Individual Vehicle Mileage Records.

12) For purposes of this rule, if an apportioned vehicle does not operate in two or more IRP member jurisdictions for two or more consecutive registration years, there shall arise a presumption that the vehicle was not intended for use in two or more member jurisdictions, therefore not an apportionable vehicle, unless otherwise shown by the applicant. Such vehicle is then subject to 100% Illinois registration fees.

d) Vehicle Identification

1) To every vehicle registered under the IRP, Illinois will issue an identification card.

A) Base license plate bearing APPORTIONED.

B) Apportioned cab card indicating the weights for the IRP jurisdictions in which they are apportioned, name and address of the company, individual, description of the vehicle, Illinois license number, etc.

2) Identification credentials must be maintained or displayed as follows:

A) License plates must be displayed on the front of the power unit and on the back of the semitrailer, full trailer, and bus.

B) The cab card must be carried on or in the vehicle for which it is issued. This must be the original card. Copies are not accepted by Illinois Law Enforcement personnel.

e) Temporary Apportionment Authorization Permit

1) Once an original application is on file, fees have been paid and the immediate operation of a vehicle is necessary prior to receiving apportionment credentials from the State of Illinois, the carrier may operate the vehicle by use of the Illinois Temporary Authorization Permit. This permit may be obtained by writing the Commercial & Farm Truck Division in the Secretary of State's Office.

2) The permit must be completed in full and be typed. One copy of the permit is to be carried in the vehicle, one copy is to be retained by the company for audit purposes, and one copy is to be forwarded to the Secretary of State's Office along with the accompanying supplemental application plus the appropriate fees within five (5) working days after the permit has been issued.

3) The permits will be issued upon written request at the statutory fee each and in numerical order. Temporary permits are valid for 45 days from the date of issuance by the company. Temporary Authorization Permits can only be used for the account number which they were originally assigned. These permits are not to be used for the renewal of any registration.

4) The information submitted on all applications must be identical with the description of the vehicle which was typed on the Temporary Authorization Permit. The complete vin number must be on the Temporary Authorization Permit and the application.

5) All unused permits issued for that calendar year must be returned to the Commercial & Farm Truck Division of the Office of the Secretary of State by January 15 of the next year. For the number of expired unused permits that are returned to our office by that time, we will issue that same amount of next year's permits free of charge, limited, however, to the renewal by a carrier of the same account. Any permits received after January 15, will be accepted for accountability and audit purposes only.

6) No more than one permit may be issued per vehicle. If a permit is typed out incorrectly and needs to be voided, all three (3) copies are to be returned to our office with a letter of explanation.

7) If all of the permits issued to a company are not accounted for, the company will be assessed full year fees in all jurisdictions in the highest weight or fee category for power units that the company has a power unit registered in during the registration year in question, and the company will lose its privilege of using Temporary Authorization Permits and none will be issued to the company.

f) Mileage Record Keeping Requirements

1) Individual Vehicle Mileage Records

A) As a condition precedent to the filing of an IRP application, every applicant is required to maintain individual vehicle mileage records, herein after referred to as IVMR, in the form and manner prescribed in this rule.

B) The IVMR is a summary of the driver's daily logs or other source documents that when completed will show a pattern of continuous movement of the individual vehicle. Trips must be listed in chronological order. The applicant will be required to explain time lapses and unaccounted-for movements in sufficient detail to permit the auditor to satisfy himself that all mileage is properly recorded.

C) The IVMR is not to be submitted to this office. It is to be maintained by the carrier as a mileage record from which the carrier may complete the schedule and be available for audit.

D) An IVMR must be maintained by the applicant for each vehicle that is a part of the apportioned fleet. IVMR's must be prepared on a monthly basis. At the end of the mileage period, all mileage records must be made available at onelocation for audit purposes.

E) The form of the IVMR must conform to the example in the current application and instruction book. All items of description must be completed on the IVMR. When more than one page is used for a vehicle, the subsequent pages must be numbered.

F) The mileage figures to be entered on IVMR's can be obtained from various sources, such as odometer or hubometer readings, state maps, or a household goods mileage guide, as long as the method used is consistent.

G) The source documents comprising the IVMR's must contain the following:

i) Date

ii) Trip Origin and Destination

iii) Driver's Name

iv) Total Trip Miles

v) Mileage by States

vi) Vehicle Serial Number

vii) Fleet Number

viii) Vehicle Unit Number

ix) Plate Number

x) Routes Traveled

H) The IVMR must include any and all movements of the apportioned vehicle, whether loaded or empty.

I) All applicants are required to maintain IVMR's for the purpose of accumulating the required mileage statistics. The Secretary of State will permit the use of alternate systems where permission has been received in writing from the Office of the Secretary of State, Reciprocity-Prorate Audit Division. To obtain this permission for the use of a substitute mileage accounting system, the following conditions must be met:

i) The applicant must submit, in writing, to the Office of the Secretary of State, a request for permission to use a substitute mileage accounting system setting forth the reason(s) why a substitute system is necessary.

ii) As part of the request, include samples of forms which are proposed to be used.

iii) A detailed step-by-step procedure for the use of this system must also be submitted.

iv) If such permission is granted, you will not be required to maintain the IVMR.

v) An applicant may continue the use of an approved alternate system, provided the applicant does not change the system, until notification by the Secretary of State to the contrary. The Secretary of State, through the Reciprocity-Prorate Audit Division, will approve an alternate system if all of the information required to be maintained above in the IVMR's is maintained, although not in the IVMR format.

2) Monthly summaries of IVMR's must then be compiled for the fleet.

3) Annual summaries of the fleet must be prepared from the monthly summaries.

4) When a leasing company or any trucking service company prepares the IRP application for any carrier, the carrier must retain copies of the mileage information furnished, as well as all supporting documents.

5) When the owner-operated (lessor) registers in the name of the owner-operator, all required records and supporting documents must be available for audit at the established place of business of the owner-operator.

Ill. Admin. Code tit. 92, § 1010.720

Amended at 8 Ill. Reg. 5329, effective April 6, 1984