Ill. Admin. Code tit. 92 § 1020.20

Current through Register Vol. 48, No. 43, October 25, 2024

Section 1020.20 - Required Records For Automotive Parts Recyclers Rebuilders, New Vehicle Dealers, Used Vehicle Dealers, Repairers and Out-of-State Salvage Vehicle Buyers

Each person or firm licensed pursuant to Sections 5-301 (excluding Scrap Processors), 5-302, 5-101 or 5-102 of the Illinois Vehicle Title and Registration Law (the Act) of the Illinois Vehicle Code (Ill. Rev. Stat. 1987, ch. 951/2, pars. 5-301, 5-302, 5-101 and 5-102) is required to maintain for a period of three years subsequent to the acquisition, disposal, wrecking, rebuilding or junking of vehicles or essential parts thereof, a uniform record of such transactions at his principal place of business. Such records shall be kept in a bound ledger or electronic data processing system. The "Police Book" shall be double-entry reflecting the required information at the time of acquisition and at the time of disposal. The required information shall be, but without limitation, as required hereunder.

a) Upon the Purchase, Receipt, or Acquisition or Disposal of Vehicles, Essential Parts pursuant to Section 1-118 of the Illinois Vehicle Code (IVC) (Ill. Rev. Stat. 1987, ch. 951/2, par. 1-118) the following information must be recorded from the records kept on file at the licensee's established place of business in a legible form. A separate record shall be kept for each vehicle or essential part and shall be open to inspection at any reasonable hour as allowed by Section 5-403(4) of the Illinois Vehicle Code (Ill. Rev. Stat., 1987, ch. 951/2, par. 5-403(4)) by any authorized representative of the Secretary of State or any peace officer:

1) The name, address, and verification of same, of the person from whom the vehicle or essential part was acquired. If that person is a dealer, the Illinois or Out-of-State dealer license number of such person shall be recorded. Verification shall be by an Illinois Driver's License, and one other type of identification.

2) The date and type of acquisition or disposal (i.e. sale, exchange, etc.)

3) A description of the vehicle or essential part, including:

A) The year, make, model, style and color of the vehicle or essential part;

B) The manufacturer's identification number, the Secretary of State of Illinois or Illinois Department of State Police's identification number, or if applicable, the derivative or essential part assigned number;

C) The year, make, model and manufacturer's identification number of the vehicle from which the essential part was removed.

4) Documentary proof of ownership consisting of the following documents:

A) Uniform Invoices;

B) Certificates of title, salvage certificates, junking certificates;

C) Receipts or bills of sale; or,

D) Other acceptable documentary evidence of right of possession;

5) The signature of the person making the inspection of a used vehicle as required under subsection (d) of this Section, if applicable;

6) The name and address of the person to whom any vehicle or essential part was disposed, and if that person is a dealer, the Illinois or out-of-state dealer license number of that dealer;

7) The uniform invoice number reflecting the disposition of the vehicle or essential part.

b) It shall be the responsibility of every licensee hereunder to inspect every vehicle or essential part acquired. If there is any evidence that any serial number thereon has been removed, altered, defaced or destroyed, the licensee shall notify the Secretary of State.

c) Licensees who do not maintain electronic data processing record-keeping systems shall maintain, for three years, the information required to be recorded by Section 5-401.2(a) of the Act (Ill. Rev. Stat. 1987, ch. 951/2, par. 5-401.2(a)) (as amended) in separate bound ledger books of a double entry type to be titled as follows:

1) New Vehicle;

2) Used Vehicle;

3) Essential Parts;

4) Rebuilt Vehicles;

5) Junked Vehicles.

d) Licensees who maintain their records in an electronic data recordkeeping system shall maintain, for three years, the information required to be recorded by Section 5-401.2(a) of the Act as amended which must be accessable for inspection by the vehicle identification number either directly or indirectly through the association of the vehicle identification number with another identification number:

1) All electronic records must be retrievable during the inspection;

2) There shall be an employee of the licensee available to retrieve the records during the hours of operation of the business.

e) Separate records for each vehicle or essential part shall be kept. Such records shall be clearly legible and open for inspection at any reasonable time by any authorized representative of the Secretary of State or any peace officer. The Secretary of State may prescribe forms for the maintenance of such records.

f) Any person or firm who violates or fails to comply with the provisions of this rule may have his license denied, revoked or suspended in accordance with Section 5-501 of the Act as amended. Hearings to contest such action shall be held in accordance with Section 2-118 of the Illinois Vehicle and Registration Law of the Illinois Vehicle Code (Ill. Rev. Stat. 1987, ch. 951/2, par. 2-118) as amended and 92 Ill. Adm. Code 1001. Subpart A.

Ill. Admin. Code tit. 92, § 1020.20

Amended at 12 Ill. Reg. 17962, effective November 1, 1988